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R J Noble Company - 2013-06-17
RECEIVED,BY:/f 'J,� CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name)-' j" after signing/dating (Date) J, CITY OF HUNTINGTON BEACH • INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM. City Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for ki , L..d= 66 v (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. � .a e TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved / (Council Approval Da e) CC No. ��.� Agenda Item No. AD MSC No. City Clerk Vault No. W- Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer f '� City of Huntington Beach M INTER-DEPARTMENT ARl`MENT CO9�IA® MUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Eric Charlonne, Construction Manager DATE: 12/12/13 SUBJECT: Retention Release Payment Company Name: RJ Noble Company, Inc. Address: 15505 E. Lincoln Avenue City, State and Zip Code: Orange, CA 92856 Phone Number: (714) 637-1550 Business License Number:A005420 Local Address: Notice of Completion Date:10/24/13 Contract Purpose: Retention Release CC 1442 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 t this time. Date i Travis K. Hbpk s, Public Works Director I certify that there are no outstanding invoices on file. 3/ ff L,�-K Date Joyce Zack-I, Deputy City Treasurer 1 certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. Date - Joan Fly , City Clerk b retention 3 signature memo 1442.doc 12/26/2013 8:15:00 AM RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH . INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 40 / SUBJECT: Bond Acceptance I have received the bonds for L � (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. G� Warranty or Maintenance Bond No. � �� TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved ( u cil Approval a e) CC No. Agenda Item No. AD MSC No. City Clerk Vault No. ohm, Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer Bond No. 58705905-M MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That R.J.NOBLE COMPANY roontractors name] 15505 E.LINCOLN AVENUE,ORANGE.CA 92865 [contractors street address;city and state,and zip code] as Principal(hereinafter called Contractor),and: Western Surety Company (surety's name] 9.15 Wilshire Blvd.,Suite 1.650,Los.Angeles,CA 90017 , [surety's street address,city-:and state and zip code] a corporation organized and existing under the-laws'of the'State South Dakota of with its principal office in the City of - Sioux.Falls as Surety (hereinafter, called Surety), are held firmly bound unto CITY OF HUNTINGTON BEACH as Ob[igee;(hereinafter called Owner), in the amount of One Million Five Hundred Sixty Nine Thousand Five Hundred Twenty Four Dollars and 41i 100 Cents Dollars ($ 1,569,524.4.1---------- ), for the payment whereof Contractor,and Surety bind themselves, their heirs, executors, administrators, successors, and assigns,jointly and severally,firmly'by these.presents, WHEREAS,Contractor has by written agreement dated entered into a contract with Owner for the in.accordance with drawings and specifications prepared by, which contract is by reference made a part hereof(hereinafter referred to as the Contract); and WHEREAS,the Contract provides that the principal will guarantee,for a period of one year, the work performed as part of the Contract from and against all defects in materials and workmanship; and WHEREAS,the Contract also provides that.the Contractor shall secure Contractor's obligations during the one- year period with a bond executed'by,a surety duly admitted in,the state of California;and WHEREAS, the Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be 20_. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that:if Contractor shall, fora period of one year from and'after the date of completion and acceptance of the Contract by Owner, repair andlor replace any and all defects arising in the Work; whether resulting from defective materials or deflective workmanship, then this obligation shall be null and void; otherwise it will remain in foil force and effect The Surety hereby waives notice of any alteration or extension of time made by the Owner, Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within thirty(30) following Ownet's written notice.of default, either: (a)remedy the default, or(b) shall promptly complete the Contract in accordance with its terms and conditions. Surety shall save the Owner harmless from any claims, judgments, liens or losses arising from. the Surety's failure to either remedy the default or to complete the Contract In accordance'with its terms and conditions in a timely manner. Whenever the Principal shall be,and declared by the Owner,to be in default under the Contract, which shall include without limitation, any breach or default of the Contract, then, after written notice from the Owner to the Surety, as provided for below, the Surety shall either: (a) remedy the default or breach by the Principal; or(b) shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal; at its own expense, and make available 10-2567/5683 ......................... ...._ ._. as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may liable hereunder,,provided; however,. that,the. procedure by which the Surety undertakes to discharge its obligations under this Bond shalt be subject to the advance written approval of the Owner. Within thirty (30)days after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, it shall be the duty of the Surety to give to the Owner a notice, in writing, of the Surety's.election to (a) remedy the default(s) of the Principal promptly, or(b) arrange for performance of the Contract promptly by a contractor other than the Principal, time being of essence to this Bond. In said Notice of Election, the Surety shall state the date of commencement of its cure or remedy of the Principal's defauit(s)or its performance of the Contract. The Surety's obligations for cure or remedy, include'but are not limited to. correction of defective work and completion of the Contract, additional legal, design professional and delay :costs arising from Surety's actions.or failure to act; and liquidated damages (or if no liquidated damages are specified in .the Contract, actual damages caused by delayed performance or non- performance by the Principal). The Surety shall give prompt written notice'to the Owner upon completion of the cure of remedy of the.Principal's default(s)of its performance of the Contract. 1f the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's defaults) of its performance of the Work"with in thirty(10)days after receipt of a written notice from Owner, Surety shall be deemed to be in default on this bond,and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the successors of Owner. Signed and sealed this 13th day of December 20 13 Principal Raised,Corporate Seal R.J.NOBLE COMPANY (MUST BE AFFIXED]j (Contractor Name). i By x {Seal) i Principal Raised Corporate Seal. MICHAEL J.CARVER [MUST BE AFFIXED] PRESIDENT (Title) Western Surety.Company (Surety 4Na -- } By: Y (Seal) Ja>nes`�Cott Salandi,Attorney-in-y:act MOTES:' 1. Acknowledgments must be completed and returned as part of th®bond. ZOSCY � 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. RATH City Attcir�y; 10-2567150583 ACKNOWLEDGMENT State of California County of Orange ) On December 13, 2013 before me, Kelly A. Vincent, a Notary Public (insert name and title of the officer) personally appeared James Scott Salandi, Attorney-in-fact who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KELLYA.VIINCENT Comm.#2029982 X NOMPMUMFOWAX ORANGE COUNTYW Signature eal) MY C011111 EXP.JUNE 29,MIT Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL.ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint James Scott Salandi,Leonard Ziminsky,David Jacobson,Individually of Irvine,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 7th day of August,20I3. "Ery WESTERN SURETY COMPANY O NO EA.' a Ohl DPK� 2ZZ]��IAaulT.Bruflat,Vice President State of South Dakota ss County of Minnehaha On this 7th day of August,2013,before me personally came Paul T.Bruflat,to me known,who,being by me duly swom,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires * J.MOHR June 23,2015 la SOUTH PUBLIC sE{ r SOUTH DAKOTA 3 ® J.Mohr,Notary Public CERTIFICATE I, L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force,and further certify that the By-Law of the corporation prinnd un the reverse hereof is still in-force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 0 day of WESTERN SURETY COMPANY � j -f;SEAv:p� L.Nelson,Assistant Secretary Form F4280-7-2012 Certaficatiidn of Complhmce with Prev ' ' g Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main StreetT-0.Box 1-90 Huntington Beach,CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract. CC-1442 Maintenance Zone 7 Residential Overlays Project: The undersigned contractor on the above-referenced project ("Project) hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen arid guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the nummum 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 pequry under the laws of the State of California that the foregoing is true and cozrect. Executed this Sth day of November ) 20 13 5 at Orange California. R.J.NOBLE COMPANY (Type Contractor Name) By- X ame] TEVE MENDOZA,SECRETARY Name: [Type Title: [Type Title] CITY ATPDRNEY TLS o3 ab-01P 1 2475Q.1 CONTRACTOR'S CERTMCAM 11 SYEVE MENDOZA state and Certify that: (Name of Declarant) 1 R.J.NOBLE COMPANY is the general contractor to the City of Huntington Beach ("City') on Contract No. CC-1442 (die "Contracol for the construction of the public work of improvement entitled: MAINTENANCE ZONE 7 RESIDENTIAL OVERLAYS (the"Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents(as such term is defined in the Contract)_ 3. Except for the claims listed-below and the disputed claims listed in paragraph five(5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied(list unpaid debts and claims; if none, write"NONE"): NONE 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project_ 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write"NONE"): NONE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at 15505 E.LINCOLN AVENUE,ORANGE,CA on this STH day o f 120 2Q 13 ult X (Si ature o eclarant) APPROVED AS TO FORM SYEVE MENDOZA,SECRETARY i By: rf t��o -A•J 3• Za-D(� Name: [Type Name] Title: [Type Title] 1 2459141 Certification of Compliance with Title VH of the Civil lights 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 V 1 of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: CC-1442 proj ect: MAINTENACE ZONE 7 RESIDENTIAL OVERLAYS The undersigned contractor on the above-referenced project ("Project") hereby certifies that it has complied with Title V11 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 IT" day of NOVEMBER 3 2013 1 at ORANGE ,California- R.J.NOBLE COMPANY (Type Contractor Name) By: x _ Name: Type e] � Title: [Type itle] E R A DRNEY -TtJ 3- -�)o UP STEVE MENDOZA, SECRETARY 1 245911.1 This Document was electronically recorded by PLEASE COMPLETE THIS INFORMATION City Of Huntington Beach RECORDING REQUESTED BY: Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder II I I II 1111111111111111111111111111111111111111111111111 IIIIIINO FEE 2013000598815 03:27pm 10/24/13 WHEN RECORDED MAIL TO: 93 406 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CITY OF HUNTINGTON BEACH Attn: Eric Charlonne P.O. Box 190—2000 Main Street Huntington Beach, CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to RJ Noble Company, Inc. who was the company thereon for doing the following work to-wit: MAITETANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT CC 1442 That said work was completed October 24, 2013 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on October 24,2013, per City Council Resolution No.2003-70 adopted October 6, 2003. That upon said contract Western Surety Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this October 24,2013.V1,T11 et or orks or City Engineer O�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 Record of ange County. Dated at Huntington Beach, California,this October 24, 2013. -14 Ila Z2 Wity ctor of Pu lic Works or City Engineer This document is solely the official business of of Huntington Beach, California the City of Huntington Beach, as contemplated under Government code section. 6103 and should be recorded free of charge. THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) a after signing/dating (Date) 0 A CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari-Freidenrich,City Treasurer FROM: DATE: SUBJECT: Bond Acceptance 1 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. CC No. Z,46, MSC No. Approved Agenda Item No. (Cbuhcil.W,roval Date) City Clerk Vault No. 4- #27 g1followup/bondletter.doc CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND R. J. NOBLE COMPANY FOR CC 1442 - MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT TABLE OF CONTENTS Page No. 1. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 7 10. INDEPENDENT CONTRACTOR 7 11, LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13, VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 11 15, WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 17, WAIVER OF CLAIMS 12 18. INDEMNIFICATION,DEFENSE,HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 14 21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT&TERMINATION 16 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS,ESTIMATES AND OTHER 17 26, NON-ASSIGNABILITY 17 27. CITY EMPLOYEES AND OFFICIALS 17 28. STOP NOTICES 17 29. NOTICES 18 30. SECTION HEADINGS 18 31. IMMIGRATION 19 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 19 33. ATTORNEY'S FEES 19 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 20 36. DUPLICATE ORIGINAL 21 37. CONSENT 21 38. SURVIVAL 21 39. MODIFICATION 21 40. SIGNATORIES 21 41, ENTIRETY 21 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND R. J. NOBLE COMPANY FOR CC 1442 - MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT 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 R. J. NOBLE COMPANY, a California Corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as 'PROJECT," more fully described as CC 1442 - MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or g/agree/surfnet/cityconst I of 22 12/11 a be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; g/agree/surfnet/cityconst 2 of 22 12/11 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/surfnet/cityconst 3 of 22 12/11 "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed one million, five hundred and thirty one thousand, seven hundred and twenty five Dollars ($1,531,725.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within forty (40) consecutive working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. g/agree/surfnet/cityconst 4 of 22 12/11 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the g/agree/surfn Wei tyc on st 5 of 22 12/11 changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. g/agree/surfnet/cityconst 6 of 22 12/11 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, g/agree/surfn Wei tyc on st 7 of 22 12/11 the sum of five hundred Dollars ($500) per day for each and every working days delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting g/agree/sudnet/cityconst 8 of 22 12/11 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of g/agree/surfnet/cityconst 9 of 22 12111 such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. g/agree/surfnet/cityconst 10 of 22 12111 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. g/agree/surfnet/cityconst 11 of 22 12/11 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. 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 g/agree/s urfn e t/c i tycon s t 12 of 22 12/11 employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. g/agree/surfnet/cityconst 13 of 22 12/11 CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention without the express written consent of CITY; however an insurance policy"deductible" of$5,000.00 is permitted. g/agree/surfnet/cityconst 14 of 22 12/11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty(30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. g/agree/surfiiet/cityconst 15 of 22 1211 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten(10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. g/agree/surfnet/cityconst 16 of 22 12/11 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 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 g/agree/surfnet/cityconst 17 of 22 12/11 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 may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach R. J. Noble Company ATTN: Duane D. Wentworth 15505 E. Lincoln Ave. 2000 Main Street Orange, Ca 92865 g/agree/surfnet/cityconst 18 of 22 12,/11 Huntington Beach, CA 92648 30. SECTION HEADINGS 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. g/agree/surfnet/cityconst 19 of 22 12/11 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate 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. g/agree/surfnet/cityconst 20 of 22 12/11 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. g/agree/surfnet/cityconst 21 of 22 12/11 41. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on �`(,c,,t�ET20 . g/agree/surfnet/cityconst 22 of 22 12/11 CONTRACTOR CITY OF HUNTINGTON BEACH, a icipal cprporatio of the State of California R.J Noble Company Mayor By: X MICHAEL J. RVER,PRESIDENT y Clerk jVj print name ITS: (circle one)Chaimian/President/Vice President INITIATED AND APPR VED: AND Director o ublic Works By:X M STEVE MENDOZA,S RETA ND APPROVED: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer //tyy Manager APPROVED AS TO FORM: City Attorney 2�7 . 13 g/agree/surfn et/cityconst 12/11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1 lag I X�l 1911<1— State of California County of Orange J.DeIongh,Notary Public On .* before me, 'Date Here Insert Name and Title of the Officer Michael J.Carver personally appeared Name(s)of Signer(s) fi who proved to me on the basis of satisfactory evidence to be the personkK whose names'is/ar-& subscribed to the within instrument and acknowledged to me that he/s4@AIaW executed the same in J. DEIONGH his/AerAi%*. authorized capacityo<, and that by his/her/their signature(sl on the instrument the Commission # 1954610 Notary Public_California person or the entity upon behalf of which the MY Orange Count Oct 28 2 y Comm. persono acted, executed the instrument. Expires I certify under PENALTY OF PERJURY under the < laws of the State of California that the foregoing paragraph is true and correct. WITNESS m had official seal. Signature: Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Corporate Officer — Title(s): D Corporate Officer — Title(s): F-I Individual 1-1 Individual MRAP;11 0 Partner — F-1 Limited E_j General Top of thumb here Cl Partner — El Limited D General Top of thumb here F1 Attorney in Fact CT Attorney in Fact 0 Trustee t7 Trustee 0 Guardian or Conservator 0 Guardian or Conservator FJ Other: F-1 Other: Signer Is Representing: Signer Is Representing: �j 9 2010 National Notary Association-Nationa[Notary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of Orange On •l� t J.DeIongh,Notary Public _ before me, ` Date Here Insert Name and Title of the Officer personally appeared Steve Mendoza Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name(°is/aye (` subscribed to the within instrument and acknowledgedi to me that he/&4@46W executed the same in „ J. DEIONGH his/fir authorized capacity i , and that by :/ '` • commission # 1954610 his/her/their signatureW on the instrument the = _ Notary Public California person�f, or the entity upon behalf of which the Orange County person/�,,� acted, executed the instrument. n My Comm.Expires Oct 28,2015, �/ �I I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing ' paragraph is true and correct. WITNESS my and aAy official seal. Signature: ? Place Notary Seal Above ignature of Notary Public ill Though the information below is not required by law,it may prove valuable to persons relying on the documents and could prevent fraudulent removal and reattachment of this form to another document hi Description of Attached Document Title or Type of Document:_ i Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: I 0 Corporate Officer — Title(s): _- D Corporate Officer — Title(s):_T ' CI Individual i] Individual ❑ Partner — CJ Limited ❑General Top of thumb here CI Partner — ❑ Limited L—)General Top of thumb here Attorney in Fact O Attorney in Fact O Trustee ❑Trusteed ❑ Guardian or Conservator ❑Guardian or Conservator CJ Other: Cl Other: Signer Is Representing:_- Signer Is Representing:_ cc` ,ro-`t'�%sE�=fnr�? .: r r y _ _ _. .,.�,�;Gn�sn�5±�6!� �y _' .._ .y �^E;G"�=�'�'•4�F-w`�=s:'�^gc>�:sFe:k�`�k,�;c.�.�9�. ,.�` @ 2010 National Notary Association•NationalNotary.org•1-800-US NOTARY{1-800-876-6827) Item#5907 i City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For MAINTENANCE.ZONE 7 RESIDENTIAL OVERLAY PROJECT CC NO. 1442 in the CITY OF HUNTINGTON BEACH May 14,2013 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REVISE WORDING IN BID SCHEDULE page 2-1s—ADDENDUM 1 Change bid item description in Item No. 4 from "B-PG-64-10 AC" to "Type III-C3- PG-64-10 AC". Award will be based SECTION C acknowledging all Addendums. This is to acknowledge receipt and review of Addendum Number One,dated Ma 4,2013. R.J. NOBLE COMPANY X Company Name gy EL J. CARVER, PRESIDENT MAY 15, 2013 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Joseph Fuentes at(714)536-5431. G:\Construction Contracts(CCs)\CC1442 Residential Rehab of Zone 7\Engincering\Addcndum]\ADDENDUM Ldoc SECTION C PROPOSAL for the construction of MAINTENANCE ZONE 7 RESIIDENTIAL OVERLAY PROJECT Bordered by Warner Avenue to the North and Ellis Avenue to the South Between Springdale Street and Beach Boulevard CC No. 1442 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. Accompanying this proposal of bid, find 10%BID BOND in the amount of$ -------------------- which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified . Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Si nature #1 MAY 15, 2013 X C EL J. CARVER, PRESIDENT C-2 PROJECT BID SCHEDULE Matt:::Est i aa.e..:::>::::::. >: . >Exttxr�.ed:: )did:>EteiitDescri . on:::::: No:;::: ta:�nti.. .:.... Ilt$1'i ICE.. i 1 Mobilization '1 ry LS $ �`fiT $!� 2 700000 Cold Mill per Detail in Specifications including disposal SF $ 0.15 $ 105,000. 0 3 1700000 Furnish and Install Petromat per Specification SF $ 0.11 $ 187,000.0 4 16500 inst 11 R' -t�'AC Pavement(0.I T) TN �►l'�3'PEt-lo $ 64.00 $ 1,056,000 00 5 250 Replace and adjust Water Valve Cover to match new finished EA surface $q�5.00 $ 81,250.00 6 175 Adjust City Sewer and Storm Drain to new finished surface EA $325.00 $ 56,875.00 7 6 Adjust Existing City Lined Sewer Manhole to new finished EA surface including coating on new adjustment ring r $ $ 8 5 Adjust OCSD Sewer Manholes to new finished surface EA $ $ DD 9 10 Install New Detector Loops per City Std.Special Provisions EA $ 260.00 $ 2,600.00 10 1 Construction Project Traffic Control LS $ 2,800.00 $ 2,800.00 C-2.1s PROJECT BID SCHEDULE .....,....;.,...:. Ll;l P�I.C:.. 1110311dt' 11 1 Install Traffic Striping in Kind C LS Total Amount Base Bid in Figures: $ S31 "'ZGJ. Total Amount Base Bid in Words: Q �1 �Ibl� - 11'� G� IIt ®n�--- s� h o Ia C-2.25 PROJECT DID SCHEDULE-NICHOLS LANE REHABILITATION ADDITIVE ALTERNATIVE BID ITEMS (SEE APPENDIX K FOR PLAN) te>�i:::.s#aeated: t3id:Tte.. xtep.. ....... ............................... ............ 1 ►.}�escriptio : >:.......... >: uai ,> �7mt:�'race:::::;: aov�a. .. . .... ... �. l 1 Mobilization LS $ 16,000.00 $ 16,000.0 2 77300 Sawcut and Excavate existing AC and AB to a max depth of 12" SF prior to AC base course $ 2.05 $ 158,465. 3 1000 Construct 2" Asphalt Concrete(C3 PG 64-10)Surface Course TN $ 78.00 $ 78,000.0 4 4700 Construct 10"Asphalt Concrete(132 PG 70-10)Base Course TN $ 73.00 $ 343,100. 5 5 Adjust OCSD Sewer Manhole to New Finished Surface EA $-454-44 $ , 11000.00 51000. 6 12 Replace Water Valve Box per City Std.612 and adjust to new EA finished surface $ 450.00 $ 5,400.00 7 2 Adjust Sewer/Storm Drain Manhole to New Finished Surface EA $ 450.00 $ 900.00 8 1 Install Traffic Striping in Kind LS $ 3,700.00 $3,700.00 9 14 Install Traffic Loops per HB Std.Special Provisions EA $ 220.00 $ 3,080.00 10 1 Prepare Traffic Control Plans per Specifications LS $ 1,500.00 $ 1,500.00 C-2.3s PROJECT BID SCHEDULE-NICHOLS LANE REHABILITATION ADDITIVE ALTERNATIVE BID ITEMS (SEE APPENDIX K FOR PLAN) > Sfitate:::.: >: I. Pxe ; ........... Bid:Tte>iri Descri >tion:: >: '::::::.. ::::: :. l l 1 Furnish Traffic Control LS $ 9,000.00 $ 9,000.00 Total Amount Bid in Figures: $ Total Amount Bid in Words;( u.. _ Jv* o r sQ C211cus no �i . C-2.4s SECTION C PROJECT BID SCHEDULE MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT CC-1442 PROJECT BID: PROJECT BID SCHEDULES . . . . . . . . . . . . . . . . . . . .C-2.Is to C-2.4s 1. Project Base Bid (2.1s-2.2s) $ 111531 . 12.5 Oct BASIS OF AWARD - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - *ADDITIVE ALTERNATIVE 2. NICHOLS LANE REHABILITATION (2.2s-2.4s) I+rorn Slater Ave. to Warner Ave. 'K THE CITY RESERVES THE RIGHT TO INCLUDE OR REMOVE ITEM NO.2 IN THE AWARD OF CONTRACT. G2.5s CC-1442 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid I Name and Address of Subcontractor State Class Dollar % of Items License Amount nct Contract Number 1111,40 raco -M S-M jJl 1 S. vin rd �I �,t�s OY�"LtY1� �, q ' S1�.te1'hSOn �,'hri L (d 4S1 � .��:• taa�-e.�cr�a. D. 15 By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 N®NC®I.LUSI®N AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 5/21/13 , at ORANGE CA Date City State MICHAEL J.CARVER , being first duly sworn, deposes and says that he &( e is PRESIDENT Of R.J.NOBLE COMPANY the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted hi's or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. R.J.NOBLE COMPANY Name of Bidder x oroz'e:"�� ignature of Bidder MICHAEL J.CARVER,PRESIDENT 15505 E.LINCOLN AVE.,ORANGE,CA 92865 Address of Bidder C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 l: 7 State of California County of Orange fi On 05/21/2013 before me, J.DeIongh,Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael J.Carver I Name(s)of Signer(s) �i who proved to me on the basis of satisfactory I evidence to be the personkK whose name(,sf is/ subscribed to the within instrument:and acknowledged �I to me that heils4@46W executed the same in ? (` hislir authorized capacityl�s�' J. DEIONGH and that by nt. Commission# 1954610 his/her/their signature(s`j on the instrument the a `r�` j Notary Public -California z personX or the entity upon behalf of which the z ,: .- a z Orange County persono acted, executed the instrument. My Comm.Expires Oct 28,2015 i I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS hand a d fficiai seal. Signature t ' I(` Place Notary Seal Above Signature of Notary Public `I S` OPTIONAL � Though the information below is not required by law, it may prove valuable to persons relying on the document1 and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: �i i" Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Cl Corporate Officer — Title(s): r-J Corporate Officer — Title(s): �J individual =:• i=7 Individualague Wigg."M ❑ Partner — ❑Limited ❑General Top of thumb he e Cl Partner — ❑ Limited a General Top of thumb here CI Attorney in Fact O Attorney in Fact 0 Trustee ❑Trustee �) ❑ Guardian or Conservator ❑ Guardian or Conservator F1 Other: i CJ Other: Signer Is Representing:_ Signer is Representing: _ - -- X4 - 2 u> c�a � U 2010 National Notary Association•National Notary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT , (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. R.J.NOBLE COMPANY Contractor x 01 MICHAEL J.CARVER,PRESIDENT Title Date: MAY 21,2013 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes ® No If the answer is yes, explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERT'IFICA'TE 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. R.J.NOBLE COMPANY Contractor x MICHAEL J.CARVER,PRESIDENT Title Date: MAY 21,2013 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: R.J.NOBLE COMPANY Bidder Name 15505 E.LINCOLN AVENUE Business Address ORANGE CA 92865 City, State Zip 714 ) 637-1550 Telephone Number 782908 CLASS A&C-12 State Contractor's License No. and Class AUGUST 1999 Original Date Issued AUGUST 31,2014 Expiration Date The work site was inspected by BRADEN PORTER of our office on MAY 17 , 2013 . The following are persons, firms, and corporations having a principal interest in this proposal: R.J.NOBLE COMPANY A CALIFORNIA CORPORATION C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. R.J.NOBLE COMPANY Company Narne X nature of Bidder MICHAEL J.CARVER,PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this 21s' day of MAY , 201 3 J. DEIONGH Commission # 1954610 a -' _ '•i i Notary Public -California z z 1�' Orange County n My Comm. Expires Oct 28,2015 NOTARY PUBLIC X J.DEIONGH NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1 CITY OF DANA POINT, 33282 GOLDEN LANTERN,DANA POINT,CA 92629-1805 Name and Address of Public Agency Name and Telephone No. of Project Manager: ARCHIE REMPHER 949-248-3558 1.4 MILLION ANNUAL ROADWAY RESURFACING MAY 2011 Contract Amount Type of Work Date Completed 2 CITY OF NEWPORT BEACH, 3300 NEWPORT BLVD,NEWPORT BEACH,CA 92658 Name and Address of Public Agency Name and Telephone No. of Project Manager: ALFRED CASTANON 949-644-3314 1.2 MILLION PAVEMENT REHAB SEPT 2011 Contract Amount Type of Work Date Completed 3 CITY OF FULLERTON, 303 W.COMMONWEALTH AVE.,FULLERTON,CA 92832 Name and Address of Public Agency Name and Telephone No. of Project Manager: ERIC VILLAGRACIA 714-738-6853 $930,853.25 ORANGETHORPE RECONSTRUCTION MAY 2011 Contract Amount Type of Work Date Completed C-9 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT CC NO. 1442 in the CITY OF HUNTINGTON BEACH May 14,2013 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REVISE WORDING IN BID SCHEDULE page 2-1s—ADDENDUM 1 Change bid item description in Item No. 4 from "B-PG-64-10 AC" to "Type III-C3- PG-64-10 AC". Award will be based SECTION C acknowledging all Addendums. This is to acknowledge receipt and review of Addendum Number One, dated May44, 2013. R.J. NOBLE COMPANY X Company Name By EL J. CARVER, PRESIDENT MAY 15, 2013 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Joseph Fuentes at(714)536-5431. GXonstruction Contracts(CCs)\CC1442 Residential Rehab of Zone 7\Engineering\Addendum RADDENDUM Ldoc ODD/ Western Surety Company BID BOND (Percentage) Bond Number: N/A KNOW ALL PERSONS BY THESE PRESENTS, That we R.J. Noble Company of Orange hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto City of Huntington Beach hereinafter referred to as the Obligee, in the sum of ( 10 %) percent of the greatest amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has submitted.or is about to submit a proposal to Obligee on a contract for Project No. CC-1442; Residential Overlay of Maintenance Zone 7 NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this __ 6th _ day of May 2013__ R.J. Noble Company _ (Principal) By. X (Seal) MI EL J. CARVER, PRESIDENT Western Sure Co..- a urety) By —---- (Seal) J cott alandi Attorney-ir:-Fact Form F5876 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 r T f2(YfC`; `5i State of California County of Orange RR On 05/13/2013 before me J.DeIongh,Notary Public t" Date Michael J.Carver Here Insert Name and Title of the Officer r. personally appeared 22„ Name(s)of Signer(s) r e who proved to me on the basis of satisfactory evidence to be the personfg�whose namete is/aye subscribed to the within instrument and acknowledged . to me that he/sk@46W executed the same in (` his/AerM4& authorized capacity and that by (.; J. DEIONGH his/her/their signature(' on the instrument the Commission # 1954610 Z person '] or the entity upon behalf of which the z ,`, :a Notary Public- California z n z v. Orange County D perso acted,executed the instrument, i My Comm.Expires Oct 28,2015 >I I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. I I WITNESS m nd at o i seal. (` Signature: Place Notary Seal Above p� gnature of Notary Public OPTIONAii (- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document : Title or Type of Document: I Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: I ❑ Corporate Officer — Title(s): D Corporate Officer — Title(s): ❑ Individual _: ❑ Individual ❑ Partner —❑Limited ❑General Top of thumb here ❑Partner — ❑ Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 4 l0 2010 National Notary Association•NationalNotary.org•1.800-US NOTARY(1-800-876-6827) '' Item#5907 ACKNOWLEDGMENT State of California County of Orange ) On May 6th, 2013 before me, Kathleen Madeline Shuman (insert name and title of the officer) personally appeared James Scott Salandi, Attorney-in-Fact who proved to me on the basis of satisfactory evidence to be the persons}whose name(4 ism subscribed to the within instrument and acknowledged to me that hers ►ey executed the same in his/her/their authorized capacitykie, , and that by hisfheritheir signature(4&4 on the instrument the person(s}, or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS m hand and official seal. 5E °F=ti KATHLEEN MADELINE SHUMAN Y u�1��'` .E�a ��� COMM, # 1894581 X �m NOTARY PUBJC,CALIFORNIA X ORANGE COUNTY N °g41F0 MY COMM.EXP,JULY 3, 2014 Signature (Seal) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint James Scott Salandi,Leonard Ziminsky,David Jacobson,Individually of Irvine,CA,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby.ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on 6»s 8th day of April,2013. a ?WErrc� WESTERN SURETY COMPANY �4pP0�Zq�,i";v z SEAV�P aul T.Bruflat,Vice Presidern State of South Dakota 1 Jr ss County of Minnehaha On this 8th day of April,2013,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires J.MOHR f June 23,2015 US L SEnI NOTARY AKarAQ f SOUTH UAKOTA i J.Mohr,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on tine mversee hereof is still in force. In testimony whereof I have hereunto subscribed Wl- my name and affixed the seal of the said corporation this day of.-/ I aun y 113. �W� ryq o" WESTERN SURETY COMPANY *♦SEA`"ice: s�T�`pnKQ,� • L.Nelson,Assistant Secretary Form F4280-7-2012 • • • :• � • ti We OUR am 1.4 by • I *$ a.h . t F ,:.0 xrw 4� k" 6..X "r ,4 4`'+., r5c ° k. c� I I . 1 G :' �'� � `e��' 't �;� '".� r�s,�" � m�#,.sw'. F �• �� w 7$w w~+ *ti a � +. 6 'w`+�: Y'�k"` h sU I lti INSURANCE AND INDEMNIFICATION WAIVER Hunfin ai Beach, MODIFICATION REQUEST 1. Requested by: Duane Wentworth 2. Date: 6/12/13 3. Name of contractor/permittee: R. J. Noble Company 4. Description of work to be performed: CC 1442-Residential Overlay Project 5. Value and length of contract: $1.500,000 and 40 working days 6. Waiver/modification request: Allow $25,000 deductible on liability & $5,000 for auto. 7. Reason for request and why it should be granted: R. J. Noble is a very large established company and more than capable of handling the larger deductable. 8. Identify the risks to the City in approving this waiver/modification: None. Department ead Signature Date: ' APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and tN City Attorne s ffice disagree. 1 Pisk Management 0,,Approved ❑ Denied ✓'✓✓> ly �� Signature Date 2. City Attorney's Office c proved ❑ Denie (o •Z,l-l 3 Signature Date 3. City Manager's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources Insurance Waiver Form 6/12/2013 2:08:00 PM A i CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) f4i 6/12/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Patriot Risk& Insurance Services CONTACT NAME: 8105 Irvine Center Drive#400 PHONE C No Ext: 949 486-7900 FAX AIC No: 949 486-7950 Irvine, CA 92618 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC# www.patrisk.com OG55454 INSURER A: Valley Fore Insurance Company 20508 INSURED INSURER B: Continental Casualty Company 20443 R. J. Noble Company, Inc. 15505 Lincoln Avenue INSURERC: P.O. Box 620 INSURER D: Orange CA 92856-9020 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 16632081 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DDIYYYY MM/ODIYYYY A GENERAL LIABILITY V ✓ 5084095753 7/1/2012 7/1/2013 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE D(Ea RENTED $ 300,000 CLAIMS-MADE I—VI OCCUR MEO EXP(Any one person) $ 5,000 ✓ $25,000 Deductible V D AS TOPORM PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 N "3FF, j�rr 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: d PRODUCTS-COMP/OPAGG $ POLICY 1/ PRO- LOC:' ATTO.N •y $ B AUTOMOBILE LIABILITY ✓ 5086400990 7/1/2012 7/1/ 13 EOaaBINEDtSINGLELIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS AUTOS $ NON-OWNED PROPERTY DAMAGE ✓ HIREDAUTOS ✓ AUTOS Per accident) ccident s ✓ $2,000 Comp./Coll.Ded. $ ✓ $5 000 PD Deductible $ A UMBRELLA LIAB N OCCUR 5086401024 7/1/2012 7/1/2013 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE Policy Follows Form Over AGGREGATE S 10,000,000 DED RETENTION$ Underlying General Liab. $ Policy $ $ A WORKERS COMPENSATION 5086401007 7/1/2012 7/1/2013 WC ST I O77H- AND EMPLOYERS'LIABILITY ✓ TORY LMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N NO Deductible for Workers E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? ❑ N/A Compensation (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORO 101,Additional Remarks Schedule,if more space is required) Re:RJN#91413,CC-1442,Maintenance Zone 7 Residential Overlay Project City of Huntington Beach,its officers,elected and appointed officials,employees,agents and volunteers are named as Additional Insured and Primary &Non-Contributory as respects to General and Auto Liability per endorsements attached where required by written contract.Workers Compensation Waiver of Subrogation applies per endorsement attached.30 days notice of cancellation,10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Department Of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street P.O. Box 190 AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 Leonard E.Ziminsk ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD WIT NO.: 1'063 081 Annette mero /12/2013 2: �41 P Page 1 of 13 his certlf2icate cancels an superse es A L previously issued certificates. R. J. N G-300415-A R. J. Noble Company, Inc. (Ed. 04/07) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE® ® SCHEDULE® PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach,its officers,elected and appointed officials,employees,agents and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to (1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection shown in the Schedule, but only with respect to with such work, on the project (other liability arising out of your ongoing operations than service, maintenance or repairs) performed for that insured. to be performed by or on behalf of the B. With respect to the insurance afforded to these additional insured(s) at the site of the additional insureds, the following exclusion is covered operations has been added: completed; or 2. Exclusions (2) That portion of "your work" out of I to "bodily which the injury or damage arises This insurance does not apply Y y has been put to its intended use by injury"or"property damage"occurring after: any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. G-300415-A Page 1 of 1 (Ed. 04/07) © ISO Properties, Inc., 2000 RT NO.: 1663 081 Annette omero /12/2013 :41 PII Pa e 2 of 13 his certificate cancels and supersedes A�L previously issued certificates. ' CNA 5084095753 G-300416-A R. J. Noble Company, Inc. (Ed. 04/07) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach,its officers,elected and appointed officials,employees,agents and volunteers Location And Description of Completed Operations: Re:RJN#91413,CC-1442,Maintenance Zone 7 Residential Overlay Project (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" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations hazard". G-300416-A Page 1 of 1 (Ed. 04/07) © ISO Properties, Inc., 2000 RT NO.: 1663f 081 Annette omero /12/2013 2: �41 P Pa e 3 of 13 h1s certiicate canceRis and supersedes A L previously issued certificates. 5084095753 G-18652-1 CNA R.J. Noble Company, Inc. (Ed.07/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. SCHEDULE Coverages are summarized below. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions in the body of this endorsement. 1. Miscellaneous Additional Insureds 13. Liberalization Clause 7 additional insured extensions. 14. Unintentional Failure To Disclose Hazards 2. Employees As Insureds—Health Care Services 15. Notice of Occurrence 3. Joint Ventures/Partnership/Limited Liability 16. Broad Knowledge of Occurrence Companies Coverage for your interest in such terminated or ended 17. Aggregate Limits Per Project organizations. 18. Bodily Injury—Extension of Coverage 4. Expanded Personal And Advertising Injury 19. Expected Or Intended Injury 5. Medical Payments Reasonable force—bodily injury or property damage. Limits increased to$15,000. 20. Wrap-Up Extension Reporting increased to three years from the date of accident. 21. Contractual Liability—Railroads 6. Legal Liability And Borrowed Equipment Expanded definition of"insured contract." Extended perils. 22. Blanket Waiver of Subrogation Limit increased to$200,000 for Damage to Premises Waiver of subrogation where required by written Rented To You contract or written agreement. 7. Non-owned Watercraft 23. In Rem Actions Increased to 55 feet. 8. Non-owned Aircraft Coverage 9. Contractual Liability For Personal And Advertising Injury 10. Supplementary Payments Cost of bail bonds increased to$2,500. Daily loss of earnings increased to$1,000. 11. Liquor Liability Coverage Extension 12. Newly Formed Or Acquired Organizations Coverage extended to the end of the policy period. G-18652-1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 (Ed. 07/09) WT NO.: 1663 081 Annette omero i12/2013 2: �41 P Pa e 4 of 13 i R s certifzicate cancels an superse es A L previously issued certificates. G-18652-1 (Ed. 07/09) 1. MISCELLANEOUS ADDITIONAL INSUREDS b. Controlling Interest Section II Who Is An Insured is amended to include Any persons or organizations with a as an insured any person or organization (called controlling interest in you but only with additional insured) described in Paragraphs 2.a. respect to their liability arising out of: through 2:g. below whom you are required to add as (1) Their financial control of you; or an additional insured on this policy under a written contract or written agreement. However, the written (2) Premises they own, maintain or contract or written agreement must be: control while you lease or occupy 1. Currently in effect or becoming effective these premises. during the term of this policy; and This insurance does not apply to prior to the "bodily injury," structural alterations, new construction 2. Executed p y ry," "property and demolition operations performed by damage" or "personal injury and advertising or for such additional insured. injury,"but c. Managers or Lessors of Premises Only the following persons or organizations are additional insureds under this endorsement and A manager or lessor of premises but only coverage provided to such additional insureds is with respect to liability arising out of the limited as provided herein: ownership, maintenance or use of that a. State or Governmental Agency specific part of the premises leased to g Y or you and subject to the following additional Subdivision or Political Subdivisions exclusions: A state or governmental agency or This insurance does not apply to: subdivision or political subdivision subject to the following provisions: (1) Any "occurrence" which takes place after you cease to be a tenant in that (1) This insurance applies only with premises; or respect to the following hazards for which the state or governmental (2) Structural alterations, new agency or subdivision or political construction or demolition operations subdivision has issued a permit or performed by or on behalf of such authorization in connection with additional insured. premises you own, rent, or control d. Mortgagee,Assignee or Receiver and to which this insurance applies: (a) The existence, maintenance, A mortgagee, assignee or receiver but repair, construction, erection, or only with respect to their liability as removal of advertising signs, mortgagee, assignee, or receiver and awnings, canopies, cellar arising out of the ownership, entrances, coal holes, driveways, maintenance, or use of a premises by manholes, marquees, hoistaway you. openings, sidewalk vaults, street This insurance does not apply to banners, or decorations and structural alterations, new construction or similar exposures; or demolition operations performed by or for (b) The construction, erection, or such additional insured. removal of elevators; or e. Owners/Other Interests — Land is (2) This insurance applies only with Leased respect to operations performed by An owner or other interest from whom you or on your behalf for which the land has been leased by you but only with state or governmental agency or respect to liability arising out of the subdivision or political subdivision ownership, maintenance or use of that has issued a permit or authorization. specific part of the land leased to you and This insurance does not apply to "bodily subject to the following additional injury," "property damage" or "personal exclusions: and advertising injury" arising out of This insurance does not apply to: operations performed for the federal (1) Any "occurrence" which takes place government, state or municipality. after you cease to lease that land; or G-18652-1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 (Ed. 07/09) MTCERT NO.: 1663208i Annette Romero E/12/2013 2:29 41 P1 a e 5 of 13 certificate cancels an superseQes A�L previously issued certificates. G-18652-1 (Ed. 07/09) (2) Structural alterations, new required by written contract or written construction or demolition operations agreement, we will consider any performed by or on behalf of such other insurance maintained by the additional insured. additional insured for injury or f. Co-owner of Insured Premises damage covered by this endorsement to be excess and noncontributing A co-owner of a premises co-owned by with this insurance. you and covered under this insurance but 2. EMPLOYEES AS INSUREDS — HEALTH CARE only with respect to the co-owners liability SERVICES as co-owner of such premises. g. Lessor of Equipment Paragraph 2.a.(1)(d) of Section II — Who Is An Insured is deleted. Any person or organization from whom 3. JOINT VENTURES / PARTNERSHIP / LIMITED you lease equipment. Such person or LIABILITY COMPANY COVERAGE organization are insureds only with respect to their liability arising out of the A. The following is added to Section II —Who Is An maintenance, operation or use by you of Insured: equipment leased to you by such person 4. You are an insured when you had an interest or organization. A person's or organization's status as an insured under in a joint venture, partnership or limited this endorsement ends when their written liability company which terminated or ended contract or written agreement with you for prior to or during this policy period but only tosuch leased equipment ends. the extent of your interest in such jointt venture, partnership or limited liability With; respect to the insurance afforded company.This coverage does not apply: these additional insureds, the following a. Prior to the termination date of any joint additional exclusions apply: venture, partnership or limited liability This insurance does not apply: company; or (1) To any "occurrence" which takes b. If there is other valid and collectible place after the equipment lease insurance purchased specifically to insure expires; or the partnership, joint venture or limited 2 To "bodily injury," "property damage," liability company. O Y � j ry,,, "p p Y 9 or "personal and advertising injury" c. To a joint venture, partnership or limited arising out of the sole negligence of i liability company which is or was insured such additional insured. under a "consolidated (wrap-up) Any insurance provided to an additional insured insurance program." designated under Paragraphs a. through g. above "Consolidated (wrap-up) insurance program" does not apply to "bodily injury" or "property means a construction, erection or demolition damage" included within the "products-completed project for which the prime contractor/project operations hazard." manager or owner of the construction project As respects the coverage provided under this has secured general liability insurance provision, Paragraph 4.b.(1) of Section IV — covering some or all of the contractors or subcontractors involved in the project, Commercial General Liability Conditions is deleted and replaced with the following: otherwise referred to as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor 4. Other Insurance Controlled Insurance Program(C.C.I.P.). b. Excess Insurance B. The last paragraph of Section II — Who Is An (1) This insurance is excess over: Insured is deleted and replaced by the following: Except as provided in Paragraph 4. above, no Any other insurance naming the person or organization is an insured with respect additional insured as an insured to the conduct of any current or past partnership, whether primary, excess, contingent joint venture or limited liability company that is not or on any other basis unless a written shown as a Named Insured in the Declarations. contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. Where G-18652-1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 (Ed. 07/09) JFT NO.: 16632081 Annette Romero Ei/12/2013 2&41 Par 6 of 13ly issued certificates. 1s certi icate cancels an su erSe e5 ZtL G-18652-1 (Ed. 07/09) 4. EXPANDED PERSONAL AND ADVERTISING (1) $15,000; or INJURY (2) The amount shown in the A. The following is added to Section V—Definitions, Declarations for Medical Expense the definition of"Personal and advertising injury": Limit. h. Discrimination or humiliation that results in B. This provision 5. (Medical Payments) does not injury to the feelings or reputation of a natural apply if Section I — Coverage C Medical person, but only if such discrimination or Payments is excluded either by the provisions of humiliation is: the Coverage Part or by endorsement. (1) Not done intentionally by or at the C. Paragraph 1.a.(3)(b)of Section I— Coverage C— direction of: Medical Payments, is replaced by the following: (a) The insured; or (b) The expenses are incurred and reported to us (b) Any "executive officer," director, within three years of the date of the accident; stockholder, partner, member or and manager (if you are a limited liability 6. LEGAL LIABILITY AND BORROWED EQUIPMENT company)of the insured; and A. Under Section I — Coverage A — Bodily Injury (2) Not directly or indirectly related to the and Property Damage 2. Exclusions, Exclusion employment, prospective employment, j. is replaced by the following. past employment or termination of employment of any person or persons by "Property damage"to: any insured. (1) Property you own, rent, or occupy; B. Exclusions of Section I—Coverage B —Personal (2) Premises you sell, give away or and Advertising Injury Liability is amended to abandon, if the "property damage" include the following: arises out of any part of those Discrimination Relating To Room, Dwelling premises; or Premises (3) Property loaned to you; Caused by discrimination directly or indirectly (4) Personal property in the care, related to the sale, rental, lease or sub-lease custody or control of the insured; or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the (5) That particular part of real property direction of any insured. on which you or any contractors or subcontractors working directly or Fines Or Penalties indirectly on your behalf are Fines or penalties levied or imposed by a performing operations, if the"property governmental entity because of damage" arises out of those discrimination. operations; or D. This provision 4. (EXPANDED PERSONAL AND (6) That particular part of any property ADVERTISING INJURY COVERAGE) does not that must be restored, repaired or apply if Section I — Coverage B — Personal And replaced because "your work" was Advertising Injury Liability is excluded either by incorrectly performed on it. the provisions of the Coverage Part or by Paragraph (2) of this exclusion does not endorsement. apply if the premises are "your work" and 5. MEDICAL PAYMENTS were never occupied, rented or held for rental by you. A. Paragraph 7. Medical Expense Limit, of Section Paragraphs (1), (3) and (4) of this III — Limits of Insurance is deleted and replaced exclusion do not apply to: by the following: 7. Subject to Paragraph 5. above (the Each (i) "property damage"to tools or Occurrence Limit), the Medical Expense Limit equipment loaned to you if is the most we will pay under Section — I — the tools or equipment are Coverage 'C for all medical expenses not being used to perform because of "bodily injury" sustained by any operations at the time of one person. The Medical Expense Limit is the loss; or greater of: G-18652-1 includes copyrighted material of insurance Services Office,Inc.,with its permission. Page 4 of 8 (Ed. 07/09) WIT NO.: 63 081 Annette omero /12/2013 2: 91 P Pa e 7 of 13 h1s certificate cancels and superseees AL previously issued certificates. G-18652-1 (Ed. 07/09) (ii) "property damage" (other (ii) That is property insurance than damage by fire) to for premises rented to you or premises rented to you or temporarily occupied by you temporarily occupied by you with the permission of the with the permission of the owner; or owner, or to the contents of E. This provision 6. (LEGAL LIABILITY AND premises rented to you for a BORROWED EQUIPMENT) does not apply if period of 7 or fewer Damage To Premises Rented To You Liability consecutive days. A under Section I — Coverage A is excluded either separate limit of insurance by the provisions of the Coverage Part or by applies to Damage To endorsement. Premises Rented To You as described in Section III — 7. NON-OWNED WATERCRAFT Limits Of Insurance. Under Section I — Coverage A, Exclusion 2.g., Paragraphs (3), (4), (5) and (6) of this subparagraph (2) is deleted and replaced by the exclusion do not apply to liability following. assumed under a sidetrack agreement. (2) A watercraft you do not own that is: Paragraph (6) of this exclusion does not a Less than 55 feet Ion and apply to "property damage' included in ( ) g the "products-completed operations (b) Not being used to carry persons hazard." or property for a charge. B. Under Section I — Coverage A — Bodily Injury 8. NON-OWNED AIRCRAFT and Property Damage the last paragraph of 2. Exclusions is deleted and replaced by the Exclusion 2.g. of Section I — Coverage A — Bodily following. Injury and Property Damage, does not apply to an Exclusions c. through n. do not apply to damage aircraft you do not own, provided that: by fire to premises while rented to you or 1. The pilot in command holds a currently temporarily occupied by you with permission of effective certificate issued by the duly the owner or to the contents of premises rented to constituted authority of the United States of you for a period of 7 or fewer consecutive days. America or Canada, designating that person as a commercial or airline transport pilot; A separate limit of insurance applies to this coverage as described in Section III — Limits Of 2. It is rented with a trained, paid crew; and Insurance. 3. It does not transport persons or cargo for a C. Paragraph 6. Damage To Premises Rented To charge. You Limit of Section III— Limits Of Insurance is 9. CONTRACTUAL LIABILITY FOR PERSONAL AND replaced by the following: ADVERTISING INJURY 6. Subject to Paragraph 5. above, (the Each Exclusion e. Contractual Liability of Section I — Occurrence Limit), the Damage To Premises Coverage B is deleted. Rented To You Limit is the most we will pay under Section—I—Coverage A for damages 10. SUPPLEMENTARY PAYMENTS because of "property damage" to any one A. Under Section I — Supplementary Payments — premises while rented to you or temporarily Coverages A and B, Paragraph 1.b., the limit of occupied by you with the permission of the $250 shown for the cost of bail bonds is replaced owner, including contents of such premises by$2,500: rented to you for a period of 7 or fewer consecutive days. The Damage To Premises B. In Paragraph 1.d.,the limit of$250 shown for daily Rented To You Limit is the greater of: loss of earnings is replaced by$1,000. a. $200,000; or 11. LIQUOR LIABILITY b. The Damage To Premises Rented To Exclusion c.of Section I—Coverage A is deleted. You Limit shown in the Declarations. 12. NEWLY FORMED OR ACQUIRED D. Paragraph 4.b.(1)(a)(ii) of Section IV — ORGANIZATIONS Commercial General Liability Conditions is deleted and replaced by the following: Paragraph 3.a. of Section II —Who Is An Insured is deleted and replaced by the following: G-18652-1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 (Ed. 07/09) gg 6 Rls certl3 icate cancel�Se anCi/su erse esl ALLea e S of 13 p previously issuea certificates. G-18652-1 (Ed. 07/09) Coverage under this provision is afforded only until the under Section I — Coverage C, which can be end of the policy period or the next anniversary of this attributed only to ongoing operations at a single policy's effective date after you acquire or form the construction project away from premises owned organization,whichever is earlier. by or rented to the insured: 13. LIBERALIZATION CLAUSE 1. A separate Single Construction Project If we adopt a change in our forms or rules which would General Aggregate Limit applies to each broaden coverage for contractors under this construction project away from premises endorsement without an additional premium charge, owned by or rented to the insured, and that limit is equal to the amount of the General your policy will automatically provide the additional Aggregate Limit shown in the Declarations. coverages as of the date the revision is effective in your state. 2. The Single Construction Project General 14. UNINTENTIONAL FAILURE TO DISCLOSE Aggregate Limit is the most we will pay for the HAZARDS sum of all damages under Coverage A, except damages because of "bodily injury" or Based on our reliance on your representations as to "property damage" included in the "products- existing hazards, if unintentionally you should fail to completed operations hazard," and for disclose all such hazards at the inception date of your medical expenses under Coverage C policy, we will not deny coverage under this Coverage regardless of the number of: Part because of such failure. a. Insureds; 15. NOTICE OF OCCURRENCE b. Claims made or"suits"brought; or The following is added to Paragraph 2. of Section IV— c. Persons or organizations making claims Commercial General Liability Conditions — Duties or bringing "suits." In The Event of Occurrence,Offense, Claim or Suit: Your rights under this Coverage Part will not be 3. Any payments made under Coverage A for prejudiced if you fail to give us notice of an damages or under Coverage C for medical "occurrence," offense, claim or"suit" and that failure is expenses shall reduce the Single Construction Project General Aggregate Limit solely due to your reasonable belief that the "bodily for that construction project away from injury' or property damage Is not covered under this premises owned by or rented to the insured. Coverage Part. However, you shall give written notice of this 'occurrence," offense, claim or "suit" to us as Such payments shall Aggregate Limit shown in the reduce the Genions nor eral soon as you are aware that this insurance may apply shall they reduce any other Single to such "occurrence,"offense claim or"suit." Construction Project General Aggregate Limit 16. BROAD KNOWLEDGE OF OCCURRENCE for any other separate construction project away from premises owned by or rented to The following is added to Paragraph 2. of Section IV— the insured. Commercial General Liability Conditions — Duties in The Event of Occurrence,Offense, Claim or Suit: 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You must give us or our authorized representative You and Medical Expense continue to apply. notice of an "occurrence," offense, claim, or"suit" only However, instead of being subject to the when the "occurrence," offense, claim or "suit" is General Aggregate Limit shown in the known to: Declarations, such limits will be subject to the (1) You, if you are an individual; applicable Single Construction Project (2) A partner, if you are a partnership; General Aggregate Limit. B. For all sums which the insured becomes legally (3) An executive officer or the employee obligated to pay as damages caused by designated by you to give such "occurrences"under Section I—Coverage A, and notice, if you are a corporation; or for all medical expenses caused by accidents (4) A manager, if you are a limited under Section I — Coverage C, which cannot be liability company. attributed only to ongoing operations at a single construction project away from premises owned 17. AGGREGATE LIMITS PER PROJECT by or rented to the insured: A. For all sums which the insured becomes legally 1. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences" under Section I— Coverage A, and expenses shall reduce the amount available for all medical expenses caused by accidents under the General Aggregate Limit or the G-18652-1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 (Ed. 07/09) RT NO.: 1663 081 Annette omero /12/2013 2:2941 PM Pa e 9 of 13 1s certificate canceRls an 6d supersedes ALL previously issued certificates. G-18652-1 (Ed. 07/09) Products-Completed Operations Aggregate Controlled Insurance Programs (O.C.I.P.) or Limit,whichever is applicable; and Contractor Controlled Insurance Programs 2. Such payments shall not reduce any Single (C.C.I.P.) is attached to this policy, then it is Construction Project General Aggregate Limit. amended to add the following: C. When coverage for liability arising out of the With respect to a "consolidated (wrap-up) insurance program" project in which you are or .'products-completed operations hazard" is provided, any payments for damages because of were involved, this exclusion does not apply to: "bodily injury" or "property damage" included in 1. Your liability for "bodily injury," "property the "products-completed operations hazard" will damage," or "personal or advertising injury" reduce the Products-Completed Operations that occurs during your ongoing operations at Aggregate Limit, and not reduce the General the project, or during such operations of Aggregate Limit nor the Single Construction anyone acting on your behalf; Project General Aggregate Limit. 2. Your liability for "bodily injury" or "property D. If a single construction project away from damage" included within the "products- premises owned by or rented to the insured has completed operations hazard" that arises out been abandoned and then restarted, or if the of those portions of the project that are not authorized contracting parties deviate from plans, "residential structures." blueprints, designs, specifications or timetables, B. The following is added to Paragraph 4.b.(1) of the project will still be deemed to be the same Section IV-Commercial General Liability construction project. Conditions E. The provisions of Section III — Limits Of Insurance not otherwise modified by this This insurance is excess over: endorsement shall continue to apply as stipulated. (c) Any of the other insurance whether 18. EXPANDED BODILY INJURY primary, excess, contingent or any other basis that is insurance available to you as Section V — Definitions, the definition of "bodily a result of your being a participant in a injury"is changed to read: "consolidated (wrap-up) insurance "Bodily injury"means bodily injury, sickness or disease program," but only as respects your sustainedin that "consolidated (wrap- sustained by a person, including death, humiliation, up) insurance program." shock, mental anguish or mental injury by that person at any time which results as a consequence of the C. The following is added to Section V — bodily injury, sickness or disease. Definitions: 19. EXPECTED OR INTENDED INJURY "Consolidated (wrap-up) insurance program" Exclusion a. of Section I — Coverage A — Bodily means a construction, erection or demolition Injury and Property Damage Liability is replaced by project for which the prime contractor/project the following: manager or owner of the construction project has secured general liability insurance covering some a. "Bodily injury" or "property damage" or all of the contractors or subcontractors involved expected or intended from the standpoint in the project, otherwise referred to as an Owner of the insured. This exclusion does not Controlled Insurance Program (O.C.I.P.) or apply to "bodily injury" or "property Contractor Controlled Insurance Program damage" resulting from the use of (C.C.1.P.). reasonable force to protect persons or "Residential structure" means any structure where property. 30% or more of the square foot area is used or is 20. OWNER CONTROLLED INSURANCE PROGRAM, intended to be used for human residency including CONTRACTOR CONTROLLED INSURANCE but not limited to single or multifamily housing, PROGRAM OR CONSOLIDATED (WRAP-UP) apartments, condominiums, townhouses, co- INSURANCE PROGRAMS operatives or planned unit developments and also The endorsement EXCLUSION — CONSTRUCTION includes their common areas and/or appurtenant structures (including pools, hot tubs, detached WRAP-UP PROGRAM which is attached to this policy garages, guest houses or any similar structures). is amended as follows: When there is no individual ownership of units, A. If the endorsement EXCLUSION — residential structure does not include military CONSTRUCTION WRAP-UP or another housing, college/university housing or dormitories, exclusionary endorsement pertaining to Owner long term care facilities, hotels, or motels. G-18652-1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 (Ed. 07/09) RT NO.: 1663 081 Annette omero /12/2013 2: �41 PE4 Pa e 10.of 1 Is certl icate cancels an superse es ALL revious y issued certificates. G-18652-1 (Ed. 07/09) Residential structure also does not include surveys, field orders, change hospitals or prisons. orders or drawings and 21. CONTRACTUAL LIABILITY—RAILROADS specifications;or With respect to operations performed within 50 feet of (b) Giving directions or instructions, railroad property, the definition of"insured contract" in or failing to give them, if that is Section V—Definitions is replaced by the following: the primary cause of the injury ordamage; "Insured Contract" means: (2) Under which the insured, if an a. A contract for a lease of premises. architect, engineer or surveyor, However, that portion of the contract for a assumes liability for an injury or lease of premises that indemnifies any damage arising out of the insured's person or organization for damage by fire rendering or failure to render to premises while rented to you or professional services, including those temporarily occupied by you with listed in (1) above and supervisory, permission of the owner is not an"insured inspection, architectural or contract"; engineering activities. b. A sidetrack agreement; 22. BLANKET WAIVER OF SUBGROGATION c. Any easement or license agreement; The Transfer Of Rights Of Recovery Against Others To Us Condition (Section IV — Commercial General d. An obligation, as required by ordinance, Liability Conditions) is amended by the addition of to indemnify a municipality, except in the following: connection with work for a municipality; We waive any right of recovery we may have against e. An elevator maintenance agreement; any person or organization because of payments we f. That part of any other contract or make for injury or damage arising out of: agreement pertaining to your business 1. Your ongoing operations; or (including an indemnification of a municipality in connection with work 2. "Your work" included in the "products- performed for a municipality) under which completed operations hazard." you assume the tort liability of another However, this waiver applies only when you have party to pay for"bodily injury"or"property agreed in writing to waive such rights of recovery in a damage"to a third person or organization. contract or agreement, and only if the contract or Tort liability means a liability that would agreement: be imposed by law in the absence of any contract or agreement. 1. Is in effect or becomes effective during the Paragraph f. does not include that part of term of this policy; and any contract or agreement: 2. Was executed prior to loss. (1) That indemnifies an architect, 23. IN REM ACTIONS engineer or surveyor for injury or Any action in rem against any vessel owned, operated damage arising out of: by or for, or chartered by or for you will be treated in (a) Preparing, approving or failing to the same manner as though the action were in prepare or approve maps, shop personam against you. drawings, opinions, reports, G-18652-1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 (Ed. 07/09) FT NO.: 1 ' 081 Annette Romero 6/12/2�013 2:29�41 PM Page 11,of 1iy 1SSlleC1 certificates. FIT certlTlcate cancels an su erse es A1,L revious POLICY NUMBER: 5086400990 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective:7/1/2012 Countersigned By: F Named Insured: R.J. Noble Company, Inc. Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): City of Huntington Beach,its officers,elected and appointed officials,employees,agents and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ RT NO.: 1663 081 Annette mero 12/2013 2: 41 P_ Pa e 12.of 1 his certificate cance�s an supersedes A)ML revious y issued certificates. I 5086401007 G-19160-B R. J. Noble Company, Inc. (Ed. 11/97) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One — Workers' Compensation Insurance G. Recovery From Others and Part Two — Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE-00000000 The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure.The amount is 0000 %. G-19160-B Page 1 of 1 (Ed. 11/97) BT NO.: 1003 081 Annette omero 12/2013 2:"' 41 P Pa e 13.of 1 1s certificate cancels and� superseaeA A L revious y issued certificates. City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk 17 1999 0 ` Joan L. Flynn, City Clerk July 5, 2013 R. J. Noble Company 15505 E. Lincoln Ave. Orange, CA 92865 Re: Maintenance Zone 7, Residential Overlay— CC-1442 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517. Sincerely, Jo n L. Flynn, CIVIC City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister Cities: Anjo,Japan ♦ Waitakere,New Zealand Certifcation 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 , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] TO CITY ATT'O Y 1 247542.1 CONTRACTOR'S CERTIFICATE 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 on this day of (Signature of Declarant) APPROVED AS TO FORM By: Al2A:S " r/1-7/0 51� o of Name: [Type Name] Title: [Type Title] 1 2459141 Certification of Compliance with 'Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above-referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_, at , California. (Type Contractor Name) By: Name: [Type Name) Title: [Type Title) E 1 IF R a- n 'Y_ A ORNEY 1 245911.1 - - RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) L A A CITY OF HUNTINGTON BEACH �ID INTERDEPARTMENTAL COMMUNICATION TO: S4606 im City Treasurer FROM: DATE: SUBJECT: Bond Acceptance 1 I have received the bonds for l rL-L- (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved Agenda Item No. � (96uncil Ap6roval Date) City Clerk Vault No. #27 gAollowup/bondlettendoc Bond No. semssns PAYMENTBOND (LABOR AND MATERIALS) � KNOW ALL PERSONS 8Y THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred Uoas^City") has awarded to____ x� pooucom/�s, /�xe c uwco/m»vswo� ox�noc �� (name and address of Contractor) (hereinafter referred koan^Phnnipa|^). a contract (^Contruot")for the work described aofo||mws� 'xr w / zo so Vn / (project title) YVHEREAG. Principal is required under the terms of the Contract and the Cahfomia Civil Code to � secure the payment of claims cf laborers, mechanics, mutehahnen. and other persons anprovided by law. NOW THEREFORE, we, the undersigned Principal, and Western Surety Company, szs Wilshire Blvd. , Suite zssn Loa Angeles, ca 90017 (name and address ofSurety) (a duly admitted surety insurer undo, the laws of the State of California and hereinafter referred to an "Surety"), as Su,ety, are held and firmly bound unto City |n the penal sum of One Million i d Thirty One Thousand Seven-Hundred Twenty Five and n/znn go||am. ( z 531 725 no . this amount being not � less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of � the United States of America, for the payment of which sum, well and truly to be made, we bind ourne|ven, and each of our heirs, exeoutnna, administrators, ouoceaaors, and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Phnnipa|, his. he,, or its heirs, _ exeodors, adminisUotors, successors or anoigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all |ubor, materials or � services used or reasonably required for use in performance of the work described in the Contract, o, any amounts due under the Unemployment Insurance Coda with respect to work or labor performed by any such C)aimant, o, prevailing wages due and penalties incurred pursuant to GonUonn 1774, 1775. 1813 o, 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 u, labor performed under the Cont,act. Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond,- othemvise, this obligation shall be null and void. This bond shall inure tothe benefit of any of the persons named in Section 3181 of the California Civil Code moan10 give 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 attumey'sfee � inanamount fixed by the court. i Surety stipulates and agmeo,-for value moeivad. that no chunge, extension of time, alteration, addition or modification to the terms of the Cuntroci, or any contract document o, any work to be i performed themunder, whether made after notice u, not, shall in any way affect impair o, release � the obligations of Surety under this bond. Gum� hereby waives notice of such change, � ! 277589.1 PAYMENT BOND i Page of | ` Bond No. 58705905 extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below,that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been 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: June loth, 2013 ATTEST (Corporate Seal) P(P ' cipal Name) By: Na Its: ; PITTES-r Western Surety Company (Corporate Seol) fy Name) By: Na .e Scott Salandl (Signature of Attorney-in-Fact for Surety) (949 ) 486-7917 (Attach Attornev-in-Fact Certificate) (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CI T Y OF HUNTINGTON BEACH Byjen�nifer ! c Mc rathorney, �i f S164 Note: This bond must be executed in duplicate and dated, all signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. 277589.1 PAYMENT BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 �IState of California ? County of Orange On 06/12/2013 before me, J.DeIongh,Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael J.Carver ( Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,whose name'is/af,-, subscribed to the within instrument and acknowledgedi to me that he/ executed the same in his/ authorized capacityp< and that by (: J. DEION6H his/her/their signature(,a')' on the instrument the Commission # 1954610 person( , or the entity upon behalf of which the Z,.� �' Notary Public - California z person acted, executed the instrument, , Z �'' Orange County D My Comm.Expires Oct 28,2015 f 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing I paragraph is true and correct. �i WITNES hand ficial seat. i Signatur ; Place Notary Seal Above Signature of Notary Public OPTIONAL l• Though the information below is not required bylaw, it may prove val ble to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: i Document Date: Number of Pages: . i Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 9 Signer's Name: ,. ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual , ❑ Partner —❑Limited ❑General Top of thumb her, ❑Partner — ❑ Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator Other: ❑Other: Signer Is Representing: Signer Is Representing: F �„zes. 4_S=� s _ r s _ � _ _ _ _ _ y r.^E%G"�J'^ .Ct�i��Gvi`�',rJ'E%c;`�1—4`�c•C�`c,' =i�cX ©2010 National Notary Association-NationalNotary.org-1-800-US NOTARY(1-800-876-6827) Item N5907 ACKNOWLEDGMENT State of California County of Orange ) On June 10th, 2013 before me, Kathleen Madeline Shuman (insert name and title of the officer) personally appeared James Scott Salandi, Attorney-in-Fact who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. N U�PSSEE��r,,FT F(ATHLEEN MADELINE SHUMAN COMM. # 1894581 X r � p NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY Signature y - (Seal) °q«oRN`" MY COMM,EXP,JULY3, 2014 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint James Scott Salandi,Leonard Zianinsky,David Jacobson,Individually of Irvine,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 8th day of April,2013. �+.urETyro WESTERN SURETY COMPANY »Q400q�`;v� aul T.Bruflat,Vice President State of South Dakota 1 Jj ss County of Minnehaha On this 8th day of April,2013,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described ri and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires + + J.MOHR f June 23,2015 SEAL NOTARY PUBLIC d SOUTH DAKOTA J.Mohr,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the everse hereo is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this f day of g,IREr,Z WESTERN SURETY COMPANY 0v r,4. e r1i s ?TgS�EAV`ps L.Nelson,Assistant Secretary Form F4280-7-2012 samsens Bond No. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS WHEREAS, City of Huntington Beach(hereinafter referred toan^City")has,by written agreement dated 20__.. entered into contract with xj,w'noJL'nm,��v (name and address of Contractor) (hereinafter referred toan^Phmcipa['). for performance of the work described axfollows: �(Project Title) WHEREAS, said contract, and all documents referenced therein(hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal in required under the terms of the Contract tofumisha bond guaranteeing the pnompt, full and faithful performance of said Contract. NOW THEREFORE,we, the undersigned, an Principal, and Western Surety company' yzs Wilshire Blvd. , Suite 1650 Los Angeles, CA e0017 (name and address of Surety) (o duly admitted surety insurer under the laws oy the State of California and hereinafter referred Uzax "Surety"), as Surety' are held and firmly bound unto City in the penal sum of One Million Five Hundred Thirty one Thousand Seven Hundred Dollars($ 1, 531, 725 - 00 ),this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum,well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and seveoally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Phndpa\ shall pmmpUy, fully and faithfully perform each and all of the covenants,obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered,amended or modified from time to time; and if the Principal shall indemnify and nave 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 mog/ficaUnnothereto, and any warranties or � guarantees required thereunder; then this ob|igaUnn shall be void-, nthenwise, it shall be and shall � remain in full force and effect, Surety stipulates and agrees,for value received,that no adjustment of the time nr price in the Contract ^ or any alteration, change, delednn, addition or other modification to the Contract, nr the work to be performed thenaunder, shall in anyway afec. Umit, nanihct, impair or release the obligations of the � Surety under this Bond. Surety waives notice rf any adjustment nf contract time cv contract price,and ! | 277591/ PERFORMANCE BOND ! Page lof2 | � i � Bond No. 58705905 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 parry's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: June 10th, 2013 ATTEST (Corporate Seal) tncipal Name) By:;"Aol�; Nam \. L .i I .1, 1 1 k,t f Title: AT7E T Western Surety Company (Corporate Ety Name) By: Name games Scott Salandi (Signature of Attomey-in-Fact for Surety) (Attach Attorney-in-Fact Certificate) 9( 4 9 ) 4 8 5-7 917 (Area Code&Telephone Number of Surety) APPROVED AS TO FORM: CITY 0 UNTINGTON BEACH 3ennifer Mc ath ity Attorney Note: This bond must be executed in duplicate and dated,all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 277591.1 PERFORMANCE BOND Page 2 of 2 CALI-FORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ ii89 State of California l County of Orange fi On 06/12i2013 before me, J.DeIongh,Notary Public SSc,I Date Here Insert Name and Title of the Officer personally appeared Michael J.CarverJ Name(s)of Signer(s) S who proved to me on the basis of satisfactory I evidence to be the person,( whose name(e is/am- subscribed to the within instrument and acknowledged to me that he/ executed the same in ° J. DEIONGH his/AsviAhviir authorized capacity i and that by Commission # 1954610 his/her/their signatureW on the instrument the Notary Public - California person, or the entity upon behalf of which the Orange County D My Comm. Expires r) 28, 2015 Person acted, executed the instrument, fi I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing ' paragraph is true and correct. WITNESS han d fficial.sea[ I (` Signatu e: � z Place Notary Seal Above Signature of Notary Public OPTIONAL �115 Though the information below is not required by law, it may prove va! ble to persons relying on the documentI and could prevent fraudulent removai and reattachment of this form to another document. Description of Attached Document r lid Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual = ❑ Individual ElPartner —❑Limited El General Top of thumb here To ❑ Partner — ❑ Limited ❑General Top of thumb here � ❑ Attorney in Fact O Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: :Signer Is Representing: 9 P 9 ©2010 National Notary Association-NationafNotary.org-1-800-US NOTARY(1-800-676-6627) Item k5907 ACKNOWLEDGMENT State of California County of Orange ) On June 10th, 2013 before me, Kathleen Madeline Shuman (insert name and title of the officer) personally appeared James Scott Salandi, Attorney-in-Fact who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. AL OF, KATHLEEN MADELINESHUMAN Cj)N " COMM. # 1894581 X NOTARY PUBLIC-CALIFORNIA X 1Y r ORANGE COUNTY N Q� al) OgLIFORNP MY COMM EXR JULY 3, 2014 Signature p`/ (Se O' .n '7" Dept.!D PW 13-032 Page 1 of 2 ' Meeting Date:6/17/2013 CITY OF HUNTINGTON BEACH ?F34d REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/17/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Award a construction contract in the amount of$1,531,725 to R.J. Noble Company for the Maintenance Zone 7, Residential Overlay Project, CC-1442 Statement of Issue: On May 21, 2013, bids were publicly opened for the Maintenance Zone 7, Residential Overlay Project, CC-1442. City Council action is requested to award the construction contract to R.J. Noble Company, the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of$1,800,000 are available in Proposition 42 Fund Account No. 21990418. Recommended Action: A) Accept the lowest responsive and responsible base bid submitted by R.J. Noble in the amount of$1,531,725; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by City Attorney. Alternative Action(s): Reject all bids and appropriation, and provide staff with an alternative direction. Analysis: The City of Huntington Beach is responsible for maintenance of approximately 300 residential miles of streets. In 2012, the City updated the pavement Management Program (PMP) that calculates a Pavement Condition Index (PCI) value for each street. The PCI is a condition rating that ranges from 100, for perfect condition, to 0 for the worst, structurally failed, condition. As part of the PMP, a residential network that divides the City in 12 maintenance zones was created to allow the City the ability to better coordinate all maintenance activities. The project will rehabilitate approximately 90 streets with PCI ratings below 55. Maintenance Zone 7 is bounded by Warner Avenue to the North and Ellis Avenue to the South between Springdale Street and Beach Boulevard. The overlay project will consist of cold milling existing pavement, installation of pavement fabric, overlaying and one and one-half inch (1 1/2") of new asphalt pavement, adjusting all water valves and sewer/storm drain manholes to match new finished surface. Item 10. - 1 xB -172- Dept. ID PW 13-032 Page 2 of 2 Meeting Date:6/17/2013 Bids were opened publicly on May 21, 2013. The verified bid amounts are listed below: Bidding Contractor Submitted Bid Verified Bid R.J. NOBLE $1 531 725.00 $1 531 725.00 SULLY MILLER 1 628 500.00 $1 628 500.00 ALL AMERICAN ASPHALT $1 656 340.00 $1 656 340.00 HARDY AND HARPER $1 696 000.00 $1 696 000.00 EXCEL PAVING $11832 812.00 $1 832,812.00 Staff recommends award of the contract to R.J. Noble Company in the amount of$1,531,725. The company has performed very good work on many past street improvement projects. Most recently in 2012, R.J. Noble completed a similar project, the Overlay of Maintenance Zone 4, CC-1417. The total project cost is estimated to be $1,800,000, which includes the construction contract, project management, construction contingency and supplemental expenses (in-house inspection services and additional engineering support). Public Works Commission Action: The Public Works Commission reviewed and recommended the project on April 17, 2013, with a vote of 6-0-0. Environmental Status: The project is categorically exempt pursuant to Class 1, section 15031 c of the California Environmental Quality Act. Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Location Map HB -173- Item 10. - 2 ATTACHMENT # 1 moo. P�G�o s�ti 0 N BOLSA AVE CO H H H NTS Q Mc FADDEN N AVE. � w N z c n N EDING R c~n N AVE. z wo < Z N > o ZHEILm < N o Q AVE. m m 0 o 0 0 c� N Q WARNER w AVE. RD R® RE RD S TER 178 779 era ° 272 AVE. 405 RD RD '9n�� 78s 789 TA BERT 4VE. �t® RD 6 7s 799 EL IS AVE. m c GARFIELD AVE. rr Icn cc i c~n c~n Q YORKTOWN AVE. c~n ADAM S AVE. cn Of Q Q AVE. _ Y Z Z D O PROJECT LOCATION AlLANTA c0 mAVE.of o �:: :2 MAINTENANCE ZONE 7 INCLUDE REPORTING CF,9 Z DISTRICT'S (RD) 178, 179, 188, 189, 198, �' HAMIL ON A 199, 271, 272 BANNING AVE. LEGEND ® MAINTENANCE ZONE 7 BOUNDARY ®®ao® RD BOUNDARY REV 10/18/2012 RESIDENTIAL OVERLAY CC-1442 PROJECT LOCATION MAP iff CITY OF HUNTINGTON BEACH AWW DEPARTMENT OF P'HB.-i7-5_WORKS Item 10. - 4 CITY OF HUNTINGTON BEACH RESIDENTIAL OVERLAY MAINTENANCE ZONE 7 C.C. NO. 1442 BIID OPENING DATE: MAY 219 2013 TIME: 2:00 PM ENGINEER'S ESTIMATE: $1,750,000 BIDS SUBMITTED (AS READ AT OPENING) b '` i `> NIC AP.PARENT.RI ..AMOU. T..No; ::;:i::::::::i::BIbDER......ME; ; 'i Ri0................................................................................. ..... .. .... 1 All American.Asphalt, Corona 2 Bannaoun-Construction, Chatsworth 3 Excel Paving, C-Fisse OitE'f* 4 Hardy and Harper, Santa Ana f /� 0 i " 5 Kad Paving,:Yucaipa 6 RJ Noble, Orange j� 7 Sully Miller, Brea �0 8 9 10 11 - 12 13 14 15 16 17 18 19 20 21 22 Bid Opening Worksheet.xis 4 FC051 CITY OF HUNTIN'GTON BEACH 2000 Main Street P . O . Box 1 90 Huntington Beach , CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Joan L. Flynn Date: April29,2013 To: City Clerk's Office Project/C.C.No.: C.C. No. 1442 2000 Main Street Regarding: Maintenance Zone 7 Residential Overlay Huntington Beach, CA 92648 ® We are sending you: ❑ By Mail ® By E-Mail(Number of pages including this sheet:) ❑ We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids p', Pages Descrj tion 1 1 1 Notice Inviting Sealed Bids for CC-1442, Maintenance Zone 7 Residential Overlay Project These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For reviewlcomment ❑ Other: Remarks: Per Resolution 2012-65 (adopted on 09/12/12), the City Council authorized the advertisement of the above listed project. Please find attached the Notice Inviting Sealed Bids for advertisement on-5. f 3, 5l 3- H, and 5A20/1 . The bid opening is scheduled for 5/21/13 at 2:00 PM. Please contact me at 536-5259 with any questions you may have. By: J e Fuentes, vil Engineering Assistant c: file C:\Doc umENrs AND SrrriNGS\FUENTFSJ\LocAL SETrINGs\TEMPDRAKY NnRNET F=\CoNIENr.Our K\3195RJIC0\NISB TRANsMrrALTO CLERK-CC- 1442.Doc SECTION A NOTICE INVITING SEALED BIDS for the construction of MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT Bordered by Warner Avenue to the North and Ellis Avenue to the South Between Springdale Street and Beach Boulevard CC No. 1442 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 on May 21, 2013. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $20.00 nonrefundable fee if picked up, or payment of a $40.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: The scope of work includes cold milling and disposing of existing pavement, installation or pavement fabric, overlaying an inch and a half (11/2") of asphalt concrete overlay, adjustment of existing utility covers, and traffic striping. • The contract shall allow the Contractor 40 working days to complete the contract. If the additive alternative bid schedule for Nichols Lane, from Slater Avenue to Warner Avenue, is constructed then 30 additional working days shall be allowed for the construction of Nichols Lane. • The engineer's estimate of probable construction cost for the work included in the basis of award is $1,750,000. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 17th day of September 2012, by Resolution No. 2012-65. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH g#c, j4, 't-%. fZ . 4 i� Printed by:0602 Patricia Gamins Apt 29,2013,t;43 pm AttgttYe _ Salesperson. Phone: Ad.0 354ti4t56 a t arw e �(714)536-5227 Sf�t(t4dater�05 02 13 (ze2 x 96 940 s �z Eimgt4 City Of Huntington Beach(Parent) ato �Cf is 05-16-13 Bdt�itslze. 9.50 TCN Inch el;1 ess PO Box 784 IrtBertlon's 3 i�eyaror, ;4 Huntington Beac,CA 92648 e_ SrLegai Huntington Beach AdStype Muhl Column Liner It r� >31(B y 0602 Patricia Garnino J#�# C000070479 t Class'' 130C)0-Legal Notices n y T � ry � —`� - iross pace $427:50 C(�it13 City Of Huntington Beach-Clerk's O P _ TON HBIiRetpr $427.50 s, ;p &*b-+ Patty Esparza i AtrltlOuT $427`50 (714)374 1557 i No Amatmt Oue isute�Ct to{ >a� - ;:.ucti'�.v�x :,h -�mss-�",�,+a` .� _ .,:�� ,>....ma.a..�,<.�.ar�:�.�,..�.;....._.�w,,,.,.�.,..N...s":,,. - � -�>r�*- �.> �-.'a - ,.,,,.�-'•_ Ad Copy: SECTION A NOTICE INVITING SEALED BIDS for the construction of MAINTENANCE ZONE T RESIDENTIAL OVERLAY PROJECT Bordered by Warner Avenue to the North and Ellis Avenue to the South Between Springdale Street and Beach Boulevard CC No.1442 in the CITY Of HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk. Second floor,2000 Main Street,Huntington Beach, California 92648, up to the hour of 2:00 on May 21,2013.Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $20.00 nonrefundable fee if picked up,or payment of a $40.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shalt be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach,CA 92648. The AGENCY will deduct 5% retention from all progress payments.The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section I0263. The Contractor shall be beneficial owner of the surety and shalt receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with ad proof pg,1 --- _,. SS 7 t-p F } 7 4 7 i■{^� Y 7 Printed by:OM Patricia Gamfno Apr 29,2pt3.1:43 pm t IIoJ6`.'.AngetQ,t9i Salesperson: , Phone: Ad#35464156 provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY.All extension of unit prices will be subject to verification by the AGENCY, In case of a variation between the unit price and the extension, the unit price will govern. Pro Dascrlpttan: The scope of work includes cold milling and disposing of existing pavement, installation or pavement fabric,overlaying an inch and a half (11/2") of asphalt concrete overlay, adjustment of existing utility covers, and traffic striping. The contract shall allow the Contractor 40 working days to complete the contract. If the additive alternative bid schedule for Nichols Lane, from Slater Avenue to Warner Avenue, is constructed then 30 additional working days shall be allowed for the construction of Nichols Lane. The engineer's estimate of probable construction cost for the work included in the basis of award is$1,750,000. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH,,CALIFORNIA, the 17th day of September 2012, by Resolution No. 2012-65. Attest: Joan L.Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published N.B.INdependent May 2,9,16,2013 _. _._.._. ._.._. ............ _._....._..... , .., ad proof pg.2 --- UNSUCCESSFUL BIDS CC- 1442 Maintenance Zone 7 Residential Overlay Project City of Huntington Beach 20oo Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov. Office of the City Clerk 0 ` Joan L. Flynn, City Clerk August 21, 2013 All American Asphalt PO Box 2229 Corona, CA 92878-2229 RE: Maintenance Zone 7-Residential Overlay Project—CC-1442 Enclosed please find your original bid bond for CC-1442. Sincerely, 9 Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT Bordered by Warner Avenue to the North and Ellis Avenue to the South Between Springdale Street and Beach Boulevard CC No. 1442 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. Accompanying this proposal of bid, find �! the amount of$ 00 1 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No Date,Re'ceived idder's° ' nature. C-2 PROJECT BID SCHEDULE tem stitna a.:. zt>vn e ..................... ....................................................... .. .. ...... .............. ........... Bi>El:1tem:)�esci tion: :No:::::Quantity: LJnat:Price:::::::Amou 1 1 Mobilization cry oK) LS $ (erg $w 2 700000 Cold Mill per Detail in Specifications including disposal 0 SF $QI3 $GI,000 3 1700000 Furnish and Install Petromat per Specification f SF $.. 1 $ ($-7.00(f 4 16500 Install ) TN JftryFG im -C-3- �-6 4- (o kcG $ --7, 1 y $ 1, WIMP(o. IVIS 5 250 Replace and adjust Water Valve Cover to match new finished EA surface $ $ 6 175 Adjust City Sewer and Storm Drain to new finished surface EA $ 310 oo $ 7 6 Adjust Existing City Lined Sewer Manhole to new finished 5 od �� EA surface including coating on new adjustment ring $ a a $ C�� 8 5 Adjust OCSD Sewer Manholes to new finished surface EA $ 9 10 Install New Detector Loops per City Std.Special Provisions EA $ ,25s` $a5rvo� 10 1 Construction Project Traffic Control LS $ 43.oc o $ ,ow ' Pot, ADM b *-...a.... C-2.1s PROJECT BID SCHEDULE tem stmtate :: . ...... >: < ...... . ..................... Biii:Iteiii;Descri tion: >: P...... No::<:: Qbaiitity:...: ::: .nit:??*ice: A:mavn:t::::::: ........................................................ . 11 1 Install Traffic Striping in Kind co 00 LS $� $ = Total Amount Base Bid in Figures: $ (,(nSh 3yO°O l atr Total Amount Base Bid in Words: ..................................................... . ree �nc�red s - -•-c\a11ars C%-nc 7e4c) een Cx(\e ccN', 1\i cep Six htk,-lcxcecl F` C-b� s1K AA-xcu-sex+nd, ee c-2.2s PROJECT BID SCHEDULE-NICHOLS LANE REHABILITATION ADDITIVE ALTERNATIVE BID ITEMS (SEE APPENDIX K FOR PLAN) tern:: s mate.:::::::::::::.:.:.:.:.:;: ::::::::::::::::::::::::::::::::: :...:;::::: Bid Rein Description Quantity.. . ...... .. TTriit Price. Amourit..:.: 1 1 Mobilization LS $(.0 0U0© $ to,t G13,5 2 77300 Sawcut and Excavate existing AC and AB to a max depth of 12" SF prior to AC base course $ a.U J $ 3 1000 Construct 2" Asphalt Concrete(C3 PG 64-10)Surface Course TN $�� $5(-C)00 oc) 4 4700 Construct 10"Asphalt Concrete(132 PG 70-10)Base Course TN $ g5�� $ 'iq•�� o 5 5 Adjust OCSD Sewer Manhole to New Finished Surface oa EA $ ''00c'o $ 4Co 6 12 Replace Water Valve Box per City Std.612 and adjust to new EA finished surface $ ����� $ ��°`� 7 2 Adjust Sewer/Storm Drain Manhole to New Finished Surface EA $COW od $ P00 8 1 Install Traffic Striping in Kind LS $ R.006 8 $Q100o°0 9 14 Install Traffic Loops per HB Std.Special Provisions txr o� EA $ $ 10 1 Prepare Traffic Control Plans per Specifications 00 o0 LS $ --)C oo $`IOcx C-2.3s PROJECT BID SCHEDULE-NICHOLS LANE REHABILITATION ADDITIVE ALTERNATIVE BID ITEMS (SEE APPENDIX K FOR PLAN) .stitriate Bid:Item:Descr' tioii: .... N;. ;A :::: Unit:Price::::::Arnotunt;: . ........... ........... . ........... .Qu...... 11 1 Furnish Traffic Control Ls sab ow Total Amount Bid in Figures: $ 7( . 1510 . O Total Amount Bid in Words:SCoe-\ uc\aC -�'i uc -k�c�c sCxc�c� �� -------- - --------------- ---• - -----•• • --------------------------- ----5-----�9----------------- h�c�c�rea --5� , d�il s 0L Deco Cep+ C-2.4s SECTION C PROJECT BID SCHEDULE MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT CC-1442 PROJECT BID: PROJECT BID SCHEDULES . . . . . . . . . . . . . . . . . . .C-2.1s to C-2.4s . . . . . . . .. . . . . . 1. Project Base Bid (2.1s-2.2s) BASIS OF AWARD - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - *ADDITIVE ALTERNATIVE 2. NICHOLS LANE REHABILITATION (2.2s-2.4s) From Slater Ave. to Warner Ave. $ 105,51aS •UG THE CITY RESERVES THE RIGHT TO INCLUDE OR REMOVE ITEM NO. 2 IN THE AWARD OF CONTRACT. C-2.5s CC-1442 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of Subcontractor 'State ;.,Class Dollar ;.% of Items) License .f Amount Contract Number49 " " C (OGeskvYNa-k Ire-el C t5.1 LC, fie 0(k � �a ®Uo �$ t� p(w\5f Corn 'EAc,?1cJ °70 c�ccta C L SLL( Up. y oa C�coo � LS b231 tlq.�oo 3�o By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California thathefregoin is true and correct and that this declaration is executed on S� at Date City State being first duly sworn, dep ses and sa s that he or-shv is VCCZ of OA 45P44ae 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. ka n/'L Name of Bidder 0jSieuaref Bidder � v•�• ur Address of Bidder C-4 CALIFORNIA JURAT State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this 20th day of May 2013, Date Month By (1) Robert Bradley Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me BRENDA L.ROYSTER Commission# 1908379 Q"-m and Notary Public-California z z Riverside County My Comm.Expires Oct 26,2014 (2) Name of Signer Prove o me on the basis of satisfactory evidence be,..-t a person who appeared before m .) Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document SIGNERRIGHT THUMBPRINT RIGHT THUMBPRINT OF Title or Type of Document Non-Collusion Affidavit Top of thumb here Top of thumb here Document Date: 5-20-13 Number of Pages: 1 Signer(s)Other Than Named Above: None 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 MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT , (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. JW#ReZt60W: Contractor By \j Title Date: K A z0 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local.government project because of a violation of law or a safety regulation? ❑ Yes AO-190 If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 4- A* Q� Contractor Vtcepus( p 'f Title Date: to ?� C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: J& t#W Bidder Name P-0 . 6c0 zZ�g Business Address City, State Zip Telephone Number 4F 2.,4,76-7 Cf--1 Z. State Contractor's License No. and Class - � g --7 r Original Date Issued 1 - 31 - Iq Expiration Date The work site was inspected by �� ACGEVof our office on '�`� , 201 The following are persons, firms, and corporations having a principal interest in this proposal: ?tratp C_g The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Sign re of Bidder �'DbQ-T Printed or Typed Signature Subscribed and sworn to before me this f , 201_ . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of W Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Projec Onager: Contract Amount Type of Work Date Completed 3. Name and Address of ublic Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-9 CALIFORNIA JURAT State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this 20th day of May , 2013, Date Month By (1) Robert Bradley Name of Signer Proved to me on the basis of satisfactory evidence BRENDA L.ROYSTER be the person who appeared before me Commission# 1908379 z;-m Notary Public-California a and z ' Riverside County My Comat.Expires Oct 26,2014 (2) Name of Signer Prove o me on the basis of satisfactory evidence b e person who appeared before me.) Signature • Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document RIGHT,THUMBPRINT RIGHT THUMBPRINT Title or Type of Document Bidder's Information Top of thumb here Top of thumb here Document Date: 5-20-13 Number of Pages: 2 Signer(s)Other Than Named Above: None City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT CC NO. 1442 in the CITY OF HUNTINGTON BEACH May 14,2013 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications,and Special Provisions: 1) REVISE WORDING IN BID SCHEDULE page 2-1s—ADDENDUM 1 Change bid item description in Item No. 4 from "B-PG-64-10 AC" to "Type III-C3- PG-64-10 AC". Award will be based SECTION C acknowledging all Addendums. This is too acknowledge receipt and review of Addendum Number One,dated M y 14, 013. Company Isar _ 20 B 1 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Joseph Fuentes at(714)536-5431. WConstruction Contracts(CCs)\CC1442 Residential Rehab of Zone 7\Engineering\Addendum I\ADDENDUM 1.doe UFidelity and Deposit Company of Maryland 9VW* Home Office:P.O.Box 1227.Baltimore.MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT BOND NO.085 97 423 as Principal,(hereinafter called the"Principal"), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety,(hereinafter called the"Surety"),are held and firmly bound unto City of Huntington Beach as Obligee,(hereinafter called the"Obligee"),in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN---=---- Dollars($ 10%OF TOTAL BID PRICE ),for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for Maintenance Zone 7- Residential Overlay Project- Bordered by Warner Avenue to the North and Ellis Avenue to the South, Between Springdale Street and Beach Boulevard Project No: CC No. 1442 Bid Date:May 21, 2013 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 13th day of May 2013 A.D., ALL AMERICAN ASPHALT (SEAL) !pal Witness �tl t t.ru V" FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety By --- (SEAL) A. Wilkison;Notary Public Witness William Syr 'n Attorney-in-Fact Printed in cooperation with the American Institute of Architects(AIA)by Fidelity and Deposit Company of Maryland. Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-310,February 1970 Edition. BID70000ZZ0701f CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On May 20, 2013 before me, Brenda L. Royster,Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley Name%LptSigner((j-- ------------- who proved to me on the basis of satisfactory evidence to be the BRENDA L. ROYSTER person(s) whose name(s) is/are subscribed to the within instrument Commission# 1908379 and acknowledged to me that he/she/they executed the same in Notary Public-California z his 14e '*.Whet authorized ca acit ies and that b his/4eNtI:K* . z . z z •. n signature(s) on the instrument the person(s), or the entity upon behalf Riverside County J My Comm.Expires Oct 26.2014 of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my and and offici e Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond—City Huntington Beach Document Date: May 13, 2013 Number of Pages: 3 Signer(s) Other Than Named Above: William Syrkin, Attorney-in-Fact, A. Wilkison, Notary Public Capacity(ies)Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: ❑ Individual ❑ Individual X Corporate Officer—Title(s): Vice President ❑Corporate Officer—Title(s): ❑Partner—❑Limited ❑General _IGHTTHUMBPRINT ❑ Partner—o Limited ❑General RIGHT TOUM5PRINT ❑Attorney in Fact OF SIGNER ❑Attorney in Fact CF SIGNER ❑Trustee Top of thumb here ❑Trustee Top of thumb here ❑Other: ❑Other: Signer is Representing: Signer is Representing: All American Asphalt CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 05/13/2013 before me, A Wilkison, Notary Public Date Here Insert Name and Title of the Officer ' personally appeared William Syrkin Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose name( is/afe subscribed to the within instrument and acknowledged- to me that he/sheAhey executed the same in hisl*ef/their authorized capacity(iea), and that by his/herr4l;ieif signature(&}on the instrument the person(*, or the entity upon behalf of which the person(sj acted, executed the instrument. ° A. WILKISON Commission# 1866283 1 certify under PENALTY OF PERJURY under the.laws z 5,.!__ Notary Public -California z of the State of California that the foregoing paragraph is z �' Orange County �-�:�' ° true and correct. My Comm.Expires Sep 26,2013 WITNESS my hand and official seal. ^� Signature Place Notary Seal Above Signature of NotTry Public - OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 05/13/2013 Number of Pages: One(1) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin Signer's Name: ❑ Individual El Individual Corporate Officer—Title(s): ❑Corporate Officer—Title(s): Partner—❑ Limited ❑General _ r Partner—O Limited r General p Attorney in Fact _ ❑Attorney in Fact ' Trustee Top of thumb here ❑Trustee Top of thumb here Guardian or Conservator LJ Guardian or Conservator Other: O Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland 02007 National Notary Association•9350 De.Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item 45907 Reorder:Call Toll-Free 1-800-876.6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by THEODORE G.MARTINEZ,Vice President,and GREGORY E.MURRAY, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2,of the By-Law 'd Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and eff ti reof,does hereby nominate,constitute and appoint Owen M.BROWN,of Glendale,Cal' s la ent and Attorney-in- Fact, to make, execute,seal and deliver, for,and on its behalf , ac d all bonds and undertakings,and the execution of such bonds or u p i sua s" s, shall be as binding upon said Company, as fully and amply, to all inten � i t� Y xecuted and acknowledged by the regularly elected officers of the Pa ffic r" e, in their own proper persons. a The said Assistant r ere t' tract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- s now in force. IN WITNESS W e said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate ea of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 25th day of February, A.D.2010. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp OEP psi f O P W e � L l� 'v �� T � '�.1�<. �II/C•'�4.`"�- `%G.IEtFT'dt 'L By: Gregory E Murray Assistant Secretary Theodore G. Martinez State of Maryland ss: City of Baltimore On this 25th day of February, A.D. 2010, before the'subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E.MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of.said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. s. Constance A.Dunn Notary Public My Commission Expires: July 14,2015 POA-F 012-0033F e 11� l Q ® 1Q6T b� � a F -2 � � ob r 5 1"Ji h i x ALL AMERICAN ASPHALT ���a � � �� � V � ,fir � Y st �Aai[�",.�. + ,r i x '' 's /� 222 t`� a '. •"t a "L"✓w n'�! #r'z�y�s r,ti �i� ,t rF ' x3P ,. }atS aZn 6� 3dt' {t3 f P.O. BOX 9 � Fsrzr0. y pa ?sG 7 '.'�t d�ja4�-�paa+a+ »� r,a-,�`~i,})i t""r£ Cam?, th�r ^�tw:. s � r a;�: _ ';"`�^� '�t;� i ar'+�"r`�' r •�r�' ,� t�' �'.a,����"; `� ., i #;'}• el+ ' r #� ,�r,T Y,+ n. }*, s� CORONA, CA 92878—2229 r ,�� .�.��` �9tj. v$„a� ro �° - wp �',� '�'-k¢� ' x fi' �'a"��•�x s �` r� :� �f§" end `' sj xvi ?t,a:, .t �) �, '° s b #,�s I"< � 4.,� `ti�»¢+� r' ?` _�... d 3�•€ ,.e#y�M^"''s"�".wp a` �'°�.} x^l e�+s �n o-�}wa�� "a r:�' ''� .� '�" tip�� �$����4 '� a �+fi �.���°,:�` aayl?�e'r•^n„a`4 ''� v `k '' �"t � z,�f �+,s a.""r�` "w � ��x� ��"��a^a¢,u'r,,a '� TO. 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'-,.,: .,. ..,:' .,-: .€£1,� ., yr.:'fie ,,.,.xt...,. .d� .t. ,T`F i-z •';?,.• .'?i £ (, p3i, t City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov office of the City Clerk ` Joan L. Flynn, City Clerk August 21, 2013 Excel Paving Company 2230 Lemon Ave. Long Beach, CA 90806 RE: Maintenance Zone 7-Residential Overlay Project—CC-1442 Enclosed please find your original bid bond for CC-1442. Sincerely, a Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo,Japan ♦ Waitakere,New Zealand SECTION C PROPOSAL for the construction of MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT Bordered by Warner Avenue to the North and Ellis Avenue to the South Between Springdale Street and Beach Boulevard CC No. 1442 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. ®f Accompanying this proposal of bid, find in the amount of$ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No.. Date Received Bidder's Si nature. C-2 PROJECT BID SCHEDULE tem WratM. . . . . : ' " U" :' 'r: : :: . un No a D ........ .. . ................ t......................... 1 1 Mobilization LS $ $ 2 700000 Cold Mill per Detail in Specifications including disposal SF $ d• (0 $ Ulow 3 1700000 Furnish and Install Petromat per Specification SF $ 0 A q$ ecm- 4 16500 Install B-PG-64-10 AC Pavement(0.12') TN $ 11•' $ 1 111Sc� 5 250 Replace and adjust Water Valve Cover to match new finished EA surface $ �j1O $ a�Jw 6 175 Adjust City Sewer and Storm Drain to new finished surface c- EA $ �1� $(16�027 7 6 Adjust Existing City Lined Sewer Manhole to new finished EA surface including coating on new adjustment ring $ ,A,ems ' $ -AIMS . 8 5 Adjust OCSD Sewer Manholes to new finished surface EA $ $ 21 9 10 Install New Detector Loops per City Std. Special Provisions �t EA $ Z !� $ 2'lU0 10 1 Construction Project Traffic Control LS $ 5b'1 � $ C-2.1s PROJECT BID SCHEDULE tem shma a . . . . .... . aferi:e ... Bid:Iem:Desci on.. P.. No: ::::�u:a::nt►ty::.::::::::::::::::::::::;;: ::::::::::::::::::::::::::::;:::.:.: ::.::Unit:Pr.c...................... Install Traffic Striping in Kind LS $1Y � $�a Total Amount Base Bid in Figures: $ k V11L Total Amount Base Bid in Words_ ' _ _ _zvwY�'`� C-2.2s PROJECT BID SCHEDULE-NICHOLS LANE REHABILITATION ADDITIVE ALTERNATIVE BID ITEMS (SEE APPENDIX K FOR PLAN) teni:::.stimate .. xte>ri $id:Item:Descr` do :: ::::::::::::: :::::: Quantity:. Unit Price Amount 1 1 Mobilization LS $ 2 77300 Sawcut and Excavate existing AC and AB to a max depth of 12" SF prior to AC base course $ /Z �► $ yn I 3 1000 Construct 2" Asphalt Concrete(C3 PG 64-10)Surface Course TN $ $ � 4 4700 Construct 10"Asphalt Concrete(132 PG 70-10)Base Course TN $ �S $ 310 1 IS 5 5 Adjust OCSD Sewer Manhole to New Finished Surface EA $ $ 28 z-- 6 12 Replace Water Valve Box per City Std.612 and adjust to new EA finished surface $ V-7: $ h Din - 7 2 Adjust Sewer/Storm Drain Manhole to New Finished Surface EA $ 5��� $ S 1 Install Traffic Striping in Kind LS $`�� $ 9 14 Install Traffic Loops per HB Std.Special Provisions EA $ 10 1 Prepare Traffic Control Plans per Specifications LS $ UPS7, $ 3 C-2.3s PROJECT BID SCHEDULE-NICHOLS LANE REHABILITATION ADDITIVE ALTERNATIVE BID ITEMS (SEE APPENDIX K FOR PLAN) inm: .s. mate . >::;:;:::: ::::xten* e : $id:It... N6. Quantity: Unit Price Asnoupt.:.: 11 1 Furnish Traffic Control Ls $ $ 'Z DUO Total Amount Bid in Figures: $ S Total Amount Bid in Words: -- '�-�'-------------------------------------- --=-- `- -- t'�►_�c+�v_r4 '�. ''�--- - - -- ------- 1 C-2.4s SECTION C PROJECT BID SCHEDULE MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT CC-1442 PROJECT BID: PROJECT BID SCHEDULES . . . . . . . . . . . . . . . . . . . . .C-2.Is to C-2.4s 1. Project Base Bid (2.1s-2.2s) $ ,0 VOL BASIS OF AWARD - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - *ADDITIVE ALTERNATIVE 2. NICHOLS LANE REHABILITATION (2.2s-2.4s) From Slater Ave. to Warner Ave. THE CITY RESERVES THE RIGHT TO INCLUDE OR REMOVE ITEM NO. 2 IN THE AWARD OF CONTRACT. C-2.5s CC-1442 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. 'Bid "< Name and Address of Subcontractor State Class ` Dollar % of Item(s) License Amount Contract,. Number,. CA 1101 � �C's T � O00 E W By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed oK 101t Lou BFAcm &&LIFOWA ate City State — C.P. BROW" , being ° rn,.deposes and says that he or she is PR€RIDIENT ofnAjHANg% the party making the foregoing bid that the bid is not made in the m eres 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. FALP.MOM EXCEL PAVING COMPAW Name of Bidder cI JIL4 PRESIDENT Signature of Bidder 2230 LEMON AVENUE LONG TEACH, CA 90809 Address of Bidder C-4 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On MAX Z 12011 before me, C. Phillips, Notary Public , (Here insert name and title of the officer) personalty appeared C.P. Brown who proved to me on the basis of satisfactory evidence to be the persor*s) whose named is/=subscribed to the within instrument and acknowledged to me that he/akW&*3xexecuted the same in his/hsattbeir authorized capacity(@0, and that by hisAwAtir signature(a)on the instrument the person(fi), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ,.• �•. C.PHILLIPS WIPEmy h d and official seal. �'` COMM.#1996177 a �e Notary Public-California at LOS ANGELES COUNTY w My Comm.Expires Oct.29,2016 Si Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT 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 otaside of California.In such instances,any alternative (Title or description of attached document) 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 (Tide or description of attached document continued) 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 Nttmber of Pages Document Date 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. (Additional information) • 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. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. El Individual(s) Wshe/Owy-is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording.- El Corporate Officer • 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 (Title) sufficient area permits,otherwise complete a different acknowledgment form. El Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact -o Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.cotn 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 MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT , (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. PALP. EXCEL,PAVING COMPAW Contractor 01- By 6 P. MOWN,PRESIDENT Title MAY 912013 Date: C-5 r DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes M/No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. PALP. INUBA EXCEL PAVING COMEANY Contractor By G.P. BROWN,PRESIDENT Title Date: MAY 1 2013 —�ro-ram C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name PALP,INC.DBA EXCEL PAVING COMPAW 2230 LEMON AVENUE Business Address City, State Zip Telephone Number STATE LIC. 688659 W State Contractor's License No. and Class n l<<1 w4 Original Date Issued aL�l 201� Expiration Date 3 The work site was inspected by c law Na✓ 1YN of our office on 613 201 The following are persons, firms, and corporations having a principal interest in this proposal: RALP INUBA 8C{"WWI Curtis P.Brogan Ill VicePfesident and Chief Operating Officer Bruce t:.rL Mau vice.'rmsident and Cnief Financial Offi George R.McRae Vice president Nye E AbWot Uxftq C-s The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. 'ALP. INUBA s: � G RAAiBAAA6�MOW Company Name Signature of Bidder G.P. BROWN,PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this_day ofMAY'2 12013 � 201_ . ,....:.F C.PHILLIPS COMM.#1996177 NOTARY PUBLIC " r Notary PublIC-Callfornia a LOS ANGELES COU m.M.� Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: I. �'. 0A . LeL 33 k"w 64_ Name and Address of Public Agency ,,_ Name and Telephone No. of Project Manager: .�1(Lt * Azi i-1!G05: Q1��!/ �`1 y•33`�� Contract Amount Type of Work bate Completed 2. �� lt7 gmA " &gX 6AUF i4 /44 Name and Address of Public Agency Name and Telephone No. of Project Manager: 96 ,� �6ei, 323) V 40V Contract Amount Type o Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: 4n t3ju�f 71q) 736 W 2 Contract Amount Type of Work Date Completed C-9 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT CC NO. 1442 in the CITY OF HUNTINGTON BEACH May 14,2013 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications,and Special Provisions: 1) REVISE WORDING IN BID SCHEDULE page 2-1s—ADDENDUM 1 Change bid item description In Item No. 4 from "B-PG-64-10 AC" to "Type 111-C3- PG-64-10 AC". Award will be based SECTION C acknowledging all Addendums. This is to acknowledge recei t and review of Addendum Number One,dated May 14,2013. PAL,- INC. BA LM Company N� // / By Date fso All bidders must acknowledge and include the receipt of this Addendum with your bid Proposal. Should you have any questions regarding this Addendum, please call Joseph Fuentes at(714)536-5431. G:\Construction Contracts(CCs)\CC 1442 Residential Rehab of Zone 7\Engineering\Addendum 1\ADDENDUM Ldoc Bond No. Bid Bond BID BOND The American Institute of Architects, AU Document No.A310(February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS,that we PALP Inc.dba Excel Paving Company as Principal hereinaft r called the Principal,and Federal Insurance Company a corporation duly organized under the laws of the state of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee,hereinafter called the Obligee,in the sure of Ten percent of the total amount of the bid Dollars.(S 1 o% ), for the payment of which sum well and truly to be made,the said Principal and the said Surety,bindvurselves,our heirs,executors, administrators,successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for Maintenance Zone 7 Residential Overlay Project NOW,T iEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter data a Contract with the Obligee is 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 m the prosecution.thereof', or m the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid.and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be mull and void,otherwise to remain in full force and effect. Signed and Sealed this 8th day of May , 2013 PALP Inc.dba Excel Paving Company Ariom Principal (Seal) P. BROWN By; LPRESIDENT Name/title Federal Insurance Company S7— (Seal) y witn � ess imothy Dv—Rapp,Attorney in Fact AttOtilfry- �SCt ACKNOWLEDGMENT State of California County of Orange On 05/08/2013 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Timothy D. Rapp who proved to me on the basis of satisfactory evidence to be the person(,a)whose name($) isfef& subscribed to the within instrument and acknowledged to me.that he/sh+� executed the same in his/4erftl�&authorized capacity(ie*, and that by his/#efAiqek signature($) on the instrument the person(!), or the entity upon behalf of which the person(jr) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Ew°`* DEBRA ON SWANS N � COMM.#1997119 X W r NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY N ��,. \ ��uFoaa MY COMM.RXP,NOV 1012016 Signature �� �CL�. �'vl (Seal) Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 cFeus� Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California--------------_---------_-w--------------_---_�.___ each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory.in the nature thereof(other than bail bonds)given or.executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December,2011. Kenneth C.Wendel,Assistant Secretary Norris,Jr.,Vice President STATE OF NEW JERSEY as. County of Somerset On this 16th day of December,2011 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power.of Attorney as Assistant Secretary of said Companies by like authority;and that he is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B.Norris,Jr.,subscribed to said Power of Attorney is in the genuine handwriting of David B.Norris,Jr.,and was thereto subscribed by authority of said By- Laws and in deponent's presence. .Notarial Seal AD c KATHERINE J.ADELAAR NOTARY PUBUC OF NEW XRSM � �_..--- p�AR� No.2316685 ComfnWion ExpimsJuly IA,2014 Notary Public CERTIFICATION Extractfrom the By-Lawsof FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President,any Assistant Vice President, any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the'Companies")do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Warren,NJ this 8th day of May,2013 y�1P� vrwrr �,SN�roF Kenneth C.We el,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656. e-mail: surety@chubb.com Form 15-10-02256-U (Ed.5-03) CONSENT CALIFORNIA ALL-PURPOSE C'"RTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On �y ry. 1?nJ3 before me, C. Phillips, Notary Public (Here insert name and tide of the officer) personally appeared C.P. Brown who proved to me on the basis of satisfactory evidence to be the persons whose nameW is/me subscribed to the within instrument and acknowledged to me that he/akexecuted the same in hiseir authorized capaeityQ@O, and that by his/luxd.hdg signature(a) on the instrument the person(§),.or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PEFJLJRY under the laws of the State of California that the foregoing paragraph is true and correct. ,�• C.PHILLIPS WITNESS my hand and official seal. - COMM.#1956177 N T Notary Public-Catifornia tr - LOS ANGELES COUNTY u My Comm.Expires net.29.2016 S cure of Notary Public (Notary Seal) ADDITIONAL: OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT 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 (Title or description of attached document) acknowledgment verbiage as may be printed on such a document.so long as the verbiage does not require the notary to do something that it illegal for a notary in California(i.e. certifying the authorized capacity of the signer). Please check.the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required Number of Pages Document Date • State and County information must be the State and County where the document signer(s)personally appeared before the notary public dor 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. (Additional information) • 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 signers) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ❑ Individual(s) ltelshel#w} ,is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording.- El Corporate Officer 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 .(Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-In Fact Additional infoimatio9 is,_not required but could help to ensure this � ElTrustee(S) acknowledgment.is not nusused or attached to a different document. El Other Indicate title or type of attached docwnent,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 v12.10.0.7 800-873-9865 www.NotaryClasses.coin WC. DOA EXCEL PAViNG COMPAW 2230 LEMON AVENUE LONG BEACH,CA 90800 J0 r,. �aC.,� f I: t7 firSEALED BID k SULU,, - IND DA TE . -1 _ , ® City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 . F (714) 536-5227 ♦ www.huntingtonbeachca.gov dpg1J,19�9;k0 Office of the City Clerk t ' Joan L. Flynn, City Clerk August 21, 2013 Hardy& Harper, Inc. 1312 E. Warner Ave. Santa Ana, CA 92705 RE: Maintenance Zone 7-Residential Overlay Project—CC-1442 Enclosed please find your original bid bond for CC-1442. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere,New Zealand SECTION C PROPOSAL for the construction of MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT Bordered by Warner Avenue to the North and Ellis Avenue to the South Between Springdale Street and Beach Boulevard CC No. 1442 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 G ieC+lx"lil6- i,i1C vviiu tiLC a1Yu illilg iiwvJoai7y LiUi.dJ and lnslxl GLilvz ccrtl IZ'iatcS wlti7fii 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. 1D/ Accompanying this proposal of bid, find "NA&_rt5 &n,An the amount of$ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: 12 Addenda No. Date;Received Bid er' i at e tea-- 1�A.4 1 Aeit if-O& er,Vice -z PROJECT BID SCHEDULE :x#eided::::: +�.... s......t .. ..................................... Bid:Item:Desci tin: No ::: Quantity: E................... �1 1 Mobilization l� LS 2 700000 Cold Mill per Detail in Specifications including disposal SF $ 19.13 $9/,-� 3 1700000 Furnish and Install Petromat per Specification SF $ . �Y $o�3�'OD •O D 4 16500 TN rtyp� tl1-C3 — P(r-loy-1DAC $ (o� .s" $/ o�G Sod 5 250 Replace and adjust Water Valve Cover to match new finished EA surface $pNn oe $Q D 0 d 6 175 Adjust City Sewer and Storm Drain to new finished surface EA 7 6 Adjust Existing City Lined Sewer Manhole to new finished EA surface including coating on new adjustment ring $ Ov $ S 5 Adjust OCSD Sewer Manholes to new finished surface EA $ "DD T 9 10 Install New Detector Loops per City Std.Special Provisions EA $ f.00 $ 3, 10 1 Construction Project Traffic Control LS $ 79 AM- $ , 00 d Pe ✓ tk� i au%PA r�o• � 666f6 'm41 Mk a013. C-2.1s PROJECT BID SCHEDULE It�in :E fi »> erirled» s..�uated ........ :: >: >:»:. . ..... ;: p... 1Vti...... uaritity:: Unit::Frlee:::::::Amoun:t::: 11 I Install Traffic Striping in Kind �� �a1s' 00 LS $ 3elar, $��L • $ 1� �q�� G�0• o v Total Amount Base Bid in Figures: $ / p p0 to Total Amount Base Bid in Words: Q r� M_.14:_ ter,_ __ _S,_� h vJ fe cL _ elk, N D cam-. S C-2.2s PROJECT BID SCHEDULE-NICHOLS LANE REHABILITATION ADDITIVE ALTERNATIVE BID ITEMS (SEE APPENDIX K FOR PLAN) 3�T�.. Quantity. .. I#id:Item Description .1n.t:Price Arnot ►t::.: 1 1 Mobilization LS $A.eaaoa $ Gov 6 2 77300 Sawcut and Excavate existing AC and AB to a max depth of 12" SF prior to AC base course $ Q s77, z 7,3o . 66 3 1000 Construct 2" Asphalt Concrete(C3 PG 64-10)Surface Course TN $ 7c?•a d $ • 00 4 4700 Construct 10"Asphalt Concrete(132 PG 70-10)Base Course TN $ $ T 5 5 Adjust OCSD Sewer Manhole to New Finished Surface EA $/T�. $t57d4o, 6 12 Replace Water Valve Box per City Sid.612 and adjust to new EA finished surface $/ Ot 60.OD $ lo?� 000 7 2 Adjust Sewer/Storm Drain Manhole to New Finished Surface EA $ � 06 $ aT 8 1 Install Traffic Striping in Kind LS $/D A0.0 $ ! 0 0 9 14 Install Traffic Loops per HB Std.Special Provisions EA $ �^v $ 3 10 1 Prepare Traffic Control Plans per Specifications LS $ C-2.3s PROJECT BID SCHEDULE-NICHOLS LANE REHABILITATION ADDITIVE ALTERNATIVE BID ITEMS (SEE APPENDIX K FOR PLAN) ..................... ............................ laid ..... .. . . ....... ........ .... .... ....... ........ ....... ...... ..... ............. ............................ ..................... ... ... . . ....... .... .4j�.. ........... t ty: ..........em..."OWPOW i .......... ......................... ................... .......... .. .. ............Unit .. ........ Furnish Traffic Control LS sj� &v. 00 $30 a-50 Total Amount Bid in Figures: $ 0 o 0 - 0 C> ........Total Amount Bid ..... k- " c--, 4 - E ... ................ .. .. ........ ..................... . .............. k0,),s c., ,.i ua C-2.4s SECTION C PROJECT BID SCHEDULE MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT CC-1442 PROJECT BID: PROJECT BID SCHEDULES . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .C-2.Is to C-2.4s 1. Project Base Bid (2.1s-2.2s) $ 4 & o00 � 0 BASIS OF AWARD - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - -- - - - - - - - - - - - - - *ADDITIVE ALTERNATIVE 2. NICHOLS LANE REHABILITATION (2.2s-2.4s) From Slater Ave.to Warner Ave. $ T THE CITY RESERVES THE RIGHT TO INCLUDE OR REMOVE ITEM NO.2 IN THE AWARD OF CONTRACT. C-2.5s Ci-i 442 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid 1Vame and�4ddress of Subcontractor State a Class Dollar : %yof Y T tem(s) x u License nt_ r Amou Contract Number .; 4,32 ��r•,a 9oG7d nY" a 7J'�' `t`�Y 3 C'i Z a3�aa�.00 /y By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of allr work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOI.,I.,USION AFFIDAVIT TO BE EXECUTED BY MDDER AND SUI BUTTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed onTVJOq At Sq�-}a , C.4 Date City State Steve being first duly sworn, deposes and says that he arsle is of et "1'4 1� the party making the foregoing bid that the bid is not made in the i terest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. r Na o dder Signature of Bidder 131 a 64h t— hb no 10'K"Amag 5ay-&,q A V1l,C} Address of Bidder clx)o5 C-4 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE§8202 (,See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) 3 4 Signature of Document Signer No.1 Signature of Document Signer No.2(if any) State of California Subscribed and sworn to (or affirmed) before me County of (*Xm0e on this WW day of 20 L3, Date Jonth Year by (1) 5fLWA_ V)1r5,!htge r Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me DE881E MAT SEN Commission# 1958174 (and a �+e Notary Public-California D (2) z : L z Riverside County r' My Comm.Expires Nov 22,2015+ Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature r jjj�is W Z Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable Top of thumb here Top of thumb here to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: Nan 1u1l�Irk&:M6100+ Document Date: �/t 11 16, '7 )3 Number of Pages: Signer(s) Other Than Named Above: IU fLQ 0 2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5910 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 MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT , (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. C r By vteve h lo'chlner yi cfE- Title Date: C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder,.any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contrac By 51M i et Q 648ewa- Title Date: hbs, ap( C-7 BIDDER'S liNFO1rM Multi BIDDER certifies that the following information is true and correct: Bidder Name l 3 a Eck z-►- \ri✓y-tf✓ AgoAu -tP Business Address �nta Cat qA-ID5 City, State Zip 014 > u4u- ►$61 Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by (mrru htmchmr- of our office on NOuh 12013. The following are persons, firms, and corporations having a principal interest in this proposal: FreaT. MQaS, 7eree7 Jeldl MAQSLte?r l�a.h T. Steve Vim Pheg-idet44- C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, :taai.ciu.ly or at.3ei�v.s:;; to perform the cortruct gar tl-:; r-i-oposed u-V-rri and ilrnprovcrneatS s accordance with the plans and specifications set forth. Q Y Company&ajl —, Signature of Bidder 54?-vim �i i rSclnv�C r, vim Pif�i GlPa/►�- Printed or Typed Signature Subscribed and sworn to before me this_day of ,201_ . NOTARY PUBLIC 4-5� ,4t-tc 6AC d �'�Yc2+ •4'Y�rn (&JtM-F0 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. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-9 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE§8202 See Attached Document (Notary to cross out lines 1-6 below) El See Statement Below, (Lines 1-6 to be completed only by document signer[s], not Notary) 6 Signature of Document Signer No.1 Signature of Document Signer No.2(if any) State of California Subscribed and sworn to (or affirmed) before me County of Cra V-)a on this Rk day of Plqq, . 20 13 Q Date Writh Year by Name of Signer proved to me on the basis of satisfactory evidence DEBBIE MATSEN to be the person who appeared before me Commission# 1958174 (and z;del Notary Public-California z. z Riverside County (2) My Comm.Expires Nov 22,2015 Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature aU Jjj�Wo 1�— � Place Notary Seal Above Signature of Notary Public OPTIONAL 01 N w1=11 ON: Lei Though the information below is not required by law, it may prove valuable Top of thumb here Top of thumb here to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: Document Date:Mq l Number of Pages: Signer(s) Other Than Named Above: 2010 National Notary Association-NationalNotary.org•1-800-US NOTARY(11-800-876-6827) Item#5910 Attachment A Ylardy e�Yfarper, Inc. Owner/Agency Contact Project (Amount & End Date) City of Paramount Juan de Castro, PE FY 2012 Arterial Street 16400 Colorado Ave. (562)220-2020 Resurfacing Paramount, CA 90723 f.(562)220-2105 $ 747,000.00 10/12 City of Palos Verdes Estates Floriza Rivera, PE 2012/13 Overlay Project 340 W. Palos Verdes Drive (310)378-0383 x 2221 Palos Verdes Estates, CA frivera@pvestates.org 90723 $ 747,000.00 10/12 City of Desert Hot Springs Hal Goldenberg, PE 2012 Street Rehabilitation 65-950 Pierson Blvd. (760)329-6411 Program, Phase 2 Desert Hot Springs, CA hgoldenberg@cityofdhs.org 92240 $ 1,212,000.00 11/12 2012 Grind.&Overlay City of Perris Chris Sunde, PE Rehabilitation/ 101 N. "D" St. Tri Lakes Consultants Metz Rd. & Goetz Rd. Perris, CA 92572 (951)943-6504 Paving Project chris@trilakeconsultants.com $ 789,000.00 11/12 City of Orange Alan Truong, PE FY 11/12. CDBG Alley& 300 E. Chapman Ave. (714)744-5568 Street Improvements Orange, CA 92866-1508 atruong@cityoforange.org $ 755,000.00 12/12 Attachment A 9fardy e�9farper, Inc. Owner/Agency Contact Project(Amount&End Date) County of Los Angeles Hoda Hassan, PE Colima Road et al. 9000 S. Fremont Avenue (626)458-4955 Phase 2 Alhambra, CA 91803 hhassan@dpw.lacounty.gov $ 1,186,000.00 7/11 City of Inglewood Albert Mendoza, PE Street Improvements 1 Manchester Blvd. (714)595-8563 FY 2010-11 Inglewood, CA 90301 amendoza@cityofinglewood.org $ 769,000.00 8/11 City of Redlands Bassam Alzammar, PE Resurfacing of Church, 35 Cajon Street (909)798-7584 Center& Alessandro Redlands, CA 92373 balzammar@cityofredlands.org Streets $ 919,000.00 9/11 City of Palm Springs Mike Lytar, Senior Inspector 2010-11 Annual AC 3200 Tahquitz Canyon Way (760)323-8734 Overlay Palm Springs, CA 92263-2743 mike.lytar@palmsprings-ca.gov $ 1,345,000.00 9/11 City of Moreno Valley Quang Nguyen, PM 2011 Pavement Resurfacing 14177 Frederick Street (951)413-3159 $ 1,441,000.00 10/11 Moreno Valley, CA 92552 quang@moval.org 2011 Local Street Pavement Resurfacing Phase 1 $ 2,096,000.00 10/11 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT CC NO. 1442 in the CITY OF HUNTINGTON BEACH May 14,2013 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REVISE WORDING IN BID SCHEDULE page 2-1s—ADDENDUM 1 Change bid item description in Item No. 4 from "B-PG-64-10 AC" to "Type III-C3- PG-64-10 AC". Award will be based SECTION C acknowledging all Addendums. This is to acknowledge receipt and review of Addendum Number O 013. �4g,,-Raq .]W Co y'Name By 16iY hInEV1Y1c2�51�-I- iC�i3 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Joseph Fuentes at(714)536-5431. GAConstruction Contracts(CCs)\CC 1442 Residential Rehab of Zone 7\Engineering\Addendurn 1\ADDENDUM l.doc cSurr/,r .rQond cSmce 190{ l . One Newark Center International Fidelity Newark, New Jersey 07102 INS u Fz A nN c e COMPANY (973)tN4206 Bond No. HARHA-1276 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Hardy & Harper, Inc. l as Principal, and THE INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation of the State of New Jersey, as Surety, are hereby held and firmly bound unto The City of Huntington Beach in the penal sum of Ten Percent of Amount Bid***** 1$ 10%**** ) for the payment of which;well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns. Signed, this 15th day of May 2013. The condition of the above obligation is such that whereas the Principal has submitted to a certain bid,attached hereto and hereby made a part hereof,to enter into a contract in writing.for Residential Overlay of Maintenance Zone 7 - CC-1442 NOW, THEREFORE, (a) If said bid shall be rejected, or in the alternate (b) If said bid shall be accepted and the Principal shall execute and deliver a contract in the form of contract attached hereto, properly completed in accordance with said.bid, and shall furnish a bond for the faithful performance of said Contract, and for the payment of the persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid; THEN,THIS OBLIGATION SHALL BE VOID,otherwise the same shall remain in force and effect; it being.expressly Understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation-as herein stated. The Surety, for value received;hereby stipulates and agrees that the obligation,of said Surety and its bond shall be in no way impaired or affected by any extension of time within which the said bid may be accepted;.and.said:Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF,the Principal and the Surety,have hereto set their hands and seats, and such of them as are corporations have caused their corporate seals, to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above: Signed, sealed and delivered in.the presence of. Ha /e , I ATTEST: Principal �4&i' 6fr tv Vioe P)0 i�B ATTEST' INTERNATIONAL FIDELITY INSURANCE CO. c By Dwight Reilly Bid Bond Date May 21, 2013 Attorney-In-Fact ACKNOWLEDGMENT State of California County of Orange ) On May 15, 2013 before me, Karen L. Ritto, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly , who proved to me on the basis of satisfactory evidence to be the person($)whose name(s) is/an subscribed to the within instrument and acknowledged to me that he/stZEdhtey executed the same in his/haWgvir authorized capacity(les) and that by his/hu tt eir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KAREN L. RITTO 1( ,..,h COMM.#1965188 M " '-_- "' m Notary Public-California it ORANGE COUNTY LL My Comm.Expires Dec 30.2015 Signature (Seal) Ka n L. Ritt m(9t3)624 72bf113©nc Inca FfARHA 127 E mE €}F � ®Rt�EY.[:1�.�.:.,�...::� :....:.::1..,�...::�I:..1.-�,,.:-....:...'-1.:....�-.,.:..-.-......�,:....::.::.:_�:'..-1:..:�.,.�:.:.�.,..,...�:�.:�..1*...I....1:...,.�."1.-:'�I�.-.:�..,....�—1:I��-.:1-.!'_��.1....,.:.I",-,...-..-,I:1,.111.%�.,1.:I:.;1I,,�':',II.,"—.1 i 1.....:�.1.1�.I�,1.--I:..:1111,�.-��.I.�.�1::,.I.0.-.II1 I 1.",...I-1...I.1-��.:_1:1I�1..I-.,-.I.-:':-.:...I��1�:.,...:�:I.:.I1 W�.:,0�:.:-....I 1F...::.�:11:.::.,�"'�.I...:.:�,.:.I:.�:.I.:�I. 1NTAL FIQELI7Y IN�URANE GC)M } NYIit'NY CASUALTY' flMPANI(. QNE NEWARK CENTER,_20TH FLOOR'NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS That.:INTERNATIONAL FIDE INSURANCE C ......NY ,a corporation organized ':and existing under the laws of the. Stafe..of New Jersey,''and ALLEGHENY CASUALTY COMPANY. a corporation organized.and existing under the laves of the>St It of, Pennsylvania,having their principal offiee:m the City of Newark,New Jersey;do hereby constitute and'appoint , DWIG..HT REILLY; ARTURO AYALA, DANIEL HUCKABAY t7range, CA. their true and lawful attomey(s}-in.-fact to execute,seal and deLuer for and on its behalf as surety,any avid all bonds and undertatungs,contracts of'indemnity and other writings obligatory m the nature thereof, which are or may be allowed,required or per..mitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instruments) in .ursuance of:these presents,shall be as binding upon 'the said INTERNATIONAL FIDELITY INSURANCE':: COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply; to all intents and purposes as if the same had been,duly executed and acknowledged by their regularly elected.officers at,their principal offices. This Power of Attomey`�is executed,and!may be:revoked1 pursuant to and byy authori of the By-Laws of;INTERNATIONAL FIDELITY INSURANCE COMPANY and`ALLEGHENY CASUALTY'COMPANY and:is granted under.and by authon_4 of the following resolution adopted by the Board of Directors f of INTERNATIONAL FIDELITY INSURANCE CO.MPANY at a meeting dulyy held on the 20th day of July,2010 and by the Board of.Directors of ALLEGHENY CASUALTY COMPANY:.at a meeting duly'held on the 15th:day of August,. . 'RESOLVED,that (1}the President, ice President, or Secretary of the Corporation shall have the ower to appoint,and to revotce the°appointments of, Attorneys-in-Fact or agents with;power and authority:as defined or limited in their respective powers ofpattomey,,;and to execute on behalf of the. Corporation and affix the Corporation's seat thereto,bonds,undertakings, recognizances, contracts of indemni and other wntten obligations in the nature thereof or related:thereto; and(2)any such Officers of the Corporation may appoint and:revoke the appp:ointments of joint control:custodians,aggents for acceptance of process,and:A#torneyys-in fact with authority to execute waivers and.consentsz on behalf of the.Corporation;and::{3, thesignature ofan..such Officer of the:: Corporation and Corporation's: seal may be affixed by facsimile to any power of attorneyy orcertification given for the execution of any bond,undertaking, recognizance, contract of mdemnty or other written obligation in the'nature thereof;or related thereto,'such signature and seals:when so used whether heretofore or hereafter,;:being hereebby adopted by the Corporation as the original siggnature of such:officer the.original seal of the:Corporation,to be valid and.binding upon the Corporation with the same force and effect as though riianually affixed." 1N WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents,on this 12th day of`March,2012. OpSU+,, . STATE OF NEW JERSEY +� County of'Essex ,s ` 193 -. �E " ROBERT W.MINSTER �. ' . `. Executive Vice President/Chief Operating Officer XLV�;�'+ ' (Interimational Fitlehty Insurance Company) and President(Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument to me personally known,and, being by;me duly sworn; said he is the:therein described and authorized officer.of INTERNATIONAL FIDELITY INSURANCE:COMPANY and :ALLEGHENY CASUALTY r. COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were I. duly affixed by order of the Boards of Directors of said Companes. ... ,+iLr�tFillt+Aiff : IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the Gty of Newark New Jersey the day and year first above written rrr4,��� �J AJ�s�' .��:�:.'�.,,!1II—.,.��.�:1 .,r � OTAR , II:.i..I....1I� .>b• �fL sr A NOTARY PUBLIC OF NEW JERSEY �"y - q-°str My Cgmmission Expires Mar.27 2014 CERTIFICATION I,the:undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that l have compared the foregoing copy of;the Power of Attamey and'affidavit;and the copy of ttie Sections of the:By-Laws of said:companies as set forth inlaid Power of Attonfey,,: with the originals on file in the:home office of!said companies, and that the sameare correct transcripts thereof,and'of the whole of the said originals,and aat the said Power of Attorney has not been revoked and is now in full farce anal effect. IN TESTIMONY'WHEREOF I have hereunto set my hand this 15th :day of May,;_ 2... .._ ,_i,..,.1!;...--,1-1",,1-,,,I��-,,�."1,.�:;..,:...:,.�:.:,-.�1:1.:.,-',.:.1*;:�I:;.-.,�.._.%..1..�.1":���_..1.�-:,1.:,'-:s��,.,o:"..,,:�._-I.,-N."_,- -- . ` -_m-'.:.,----,-,--�:-.,::�,:-_,:,�b:�:j,:�""��:�_...::-�',�,,.i:�.:�''�':i"F:.:R,.,�.b_..�_:.-',:_��':�.�:*V�:_:�,:_],_::�_..-..;..,.�._�:i-i��._�j���',..�.i,:"::�.,:..;-:..1,�,.,��:*-,:���-�;��:�*�:..�]�.,-�-�,-Iz MARiA BRANCO Assistant 8§" * an1 ...,:' 7 ... q k„ I. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California ( County of OraT? ( (` On Yv\ci g A aol3 before me, PP111010i�O Mr&C,7WI, NQ+r1 V-Q P14 6(_ I D to Here Insert Name and Title f the Officer personally appeared Gitr2 hi redlnnPr ( Namely)of Signer(e F C,, , F who proved to me on the basis of satisfactory evidence to be the person(s) whose name(g) is/ar& subscribed to the within instrument and acknowledged to me that he/sheAheay executed the same in his/he authorized ca acit p y(ies), and that by DEBBIE MATSEN his/her ti'ui signature(s) on the instrument the l :�` Commission# 1958174 L person(}, or the entity upon behalf of which the =�� s Notary Public California z Z ° r,: Riverside County > person(,r) acted, executed the instrument. My Comm.Expires Nov 22,2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: 64JUt-" m/ .+&-=- Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document YP �4 Title or Type of Document: B1 Document Date: it 15, oQ)i3 Number of Pages: SignerV) Other Than Named Above: Capacity(ae&) Claimed by Signer( Signer's Name: _ 51&e y)i r f&.j6p r Signer's Name: Corporate Officer — Title(p): O Corporate Officer Title(s): O Individual O Individual ( O Partner—O Limited O General Top or thumb here O Partner — O Limited O General Top of thumb here O Attorney in Fact O Attorney in Fact O Trustee O Trustee O Guardian or Conservator O Guardian or Conservator O Other: O Other: Signer Is Representing: Signer Is Representing: Ngra�� r�yrT�y�G I ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 tj ar y & Harper® Inc. aa�a��'avcc� e°ssfz�o�z 1312 E. Warner Ave. Santa Ana,CA 92705 Office of the City Clerk City of Huntington Beach 2000 Main Street, Second Floor Huntington Beach, CA U64S � r.�� �l� `A � �!+}� £' ,"id � C {"..'` kf •�:: �� a'fi S„, ��w 5.�$3�..,.z, ,�Z 7�tu 0.+ �"n.+ "'��,>: '4y',`s ie� '�°a��e�� r�� °yea. '� '7`�"�'�'��r: � ���3".`v.��t; ',�..g•+ � "..;��.. �,��"d"�"�' f "` �;sr+''�s�d 'r'�:� Sealed Bid for Maintenance Zone 7 Residential Overlay t . i Warner Avenue to the North and ,Pe roj ct Bordered by the x.. �'' ,�, "�s '`w ,,ey"a >"C'TMa,> E '<.st'. n. .. '.. .tx ,•�<" k .* , ' en Springdale Street and Avenue to the South between ,a tr,,: � k= " � -�=7+ � N ,;*& �.. ,,r• .+ �,ra„� �;"��.1.," ,^� d x„r'. isk sf`° 1�, �9e�':� �+.�.� .sk'�.��.�,.2�,,.� o-�. F3.. ��;Beach Boulevard, CC No. 1442 . � � � +�� ll � •� �.� � � �.� F � � �1ati.a y� MINE � y h X � fi+ ��`Y g!^�„, � �., � a,•.-�."z. � y�: �'.} � � X ij:&�� 2f. amp i '� s.a A" •st+ �,E fi ray ��'k" �- ���� ��rBid ".,��' �st�;`w.K �` r�,.,"br �`��; '� t b•` ., +� €u ;r�.. '-fix Y t,� „�« � 4 � �`d ��� x s�;^,�' ,r � p+�,.x,..r.. _ _- ,_„�..,...__: ..:-.,: ...r;:x""' ':ir,. % ."-u � .tti'..�:.a- �, r -*.t».... 'rdfir,�, �' :..x.Ar,.,�•; rM B. ,z' '�.� �.,, i,. ,,. r j.. '.. .-✓F,�:'^r .. .S .r. .t x.r... ...-.:4 A z w,,:y�"" 'ihht �e ,. ,�;T' ,. ..a_, e F r.•.i. .._ `Mr- ,.... _ .+ r ..: k:., r ry 3''^ t ,::m................ .: ��"G.,>,�x ra,,.,.t-,� .a. .,... ,.. ., ,. �''.,,:,, s.,� ,y,.,,. k �` „��, :r.t a., .:ems" .,s r,p,.. .,€-.:. .x�.h.. „4.'• City Of Huntington Beach 200o Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk o ` Joan L. Flynn,City Clerk August 21, 2013 Sully-Miller Contracting Company 135 S. State College Blvd., Ste. 400 Brea, CA 92821 RE: Maintenance Zone 7-Residential Overlay Project—CC-1442 Enclosed please find your original bid bond for CC-1442. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo,Japan ♦ Waitakere,New Zealand SECTION C PROPOSAL for the construction of MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT Bordered by Warner Avenue to the North and Ellis Avenue to the South Between Springdale Street and Beach Boulevard CC No. 1442 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 famish 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 carefiYl 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 hump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and dine 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 wit 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-x If awarded the Contract, the undersigned agrees that in the event of the BLllllER'S default in execii.ting the regt ired contract and filing the necessaiy bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and. void Accompanying this proposal of bid,find BIDDER'S BOND in the aniount of$10%OF BID*"" t,Vhich said amount is not less than 10%of the aggregate of the total bid price,as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please -insert the words "Cash", "Certified Check",or"Bidder's Bond",as the case may be). Bidder shall signify receipt of all Addenda here,if any: Addenda No. DateReceived dd Signature 1 MAY 14,2014 YMOND SAJICHEZ,ASSISTANT SEC E R C-2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT CC NO. 1442 in the CITY OF HUNTINGTON BEACH May 14,2013 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications,and Special Provisions: 1) REVISE WORDING IN BID SCHEDULE page 2-1s—ADDENDUM 1 Change bid item description in Item No. 4 from "B-PG-64-10 AC" to "Type III-C3- PG-64-10 AC". Award will be based SECTION C acknowledging all Addendums This is to acknowledge receipt and review of Addendum Number One,date ay 14,, Sully-Miller Contranting Company Company Name By RAYMOND S CHFZ; ASS I S1rANT S CR TARY May 14, 2013 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal.`Should you have any questions regarding this Addendum, please call Joseph Fuentes at(714)536-5431. WConstruction Contracts(CCs)\CC1442 Residential Rehab of Zone 7\Engineering\Addendum 1\ADDENDUM l.doc PROJECT BILD SCHEDULE tent Sf1 t i s >: z::?; >:; :>: >: .......: : :<::<:::::::::.:::;.::::«:::::::.:. e... ................. :... 13tt1lierti:Desc#i1itis it ; ... ......... .... ....... l3 cee. .. 1 1 Mobilization LS $ $7/ aD. 2 700000 Cold Mill per Detail in Specifications including disposal Sr $ . l G $Llol3 3 1700000 Fumish and Install Petromat per Specification SF $ , �sS $ 13��oao. 4 16500 Install B-PG-64-10 AC Pavement(0.12') TN $ 7-) ,s° $ Sa 5 250 Replace and adjust Water Valve Cover to match new finished EA surface $ 3 $ 7 6 175 Adjust City Sewer and Storm Drain to new finished surface EA 7 6 Adjust Existing City Lined Sewer Manhole to new finished EA surface including coating on new adjustment ring $ elo o $ S 8 5 Adjust OCSD Sewer Manholes to new finished surface EA 9 10 Install New Detector Loops per City Std.Special Provisions i EA $��5�,_ Q 75-0. 10 1 Construction Project Traffic Control LS $ coo C-2.1s PROTECT BID SCREDULE atei: >:; ::::::.:........ :.;:::::::::.:.......:..:;:;. >:;:;:: Bitem $... 3........ : Tti::<>.' tiaxklifv: :_: ::;::' :.: '-::;:: : : :::... . •.,. ..•.•..•.. <•:::: ;;Unfit P,r.e:::.:.;>:.:..:..rr€iiif:: Q t.�... .... .m.. 11 1 Install Traffic Stiiprng in Kind LS $ lZ,-coo, $ �. $ $ S� Total Amount Base Bid in Figures: $ j -a 9- S?O , .- .-.Total Amount Base Bid in Words:.,,._,, - ^- .. ... . .....-- ... .. ..... . ..,.. - .... C-2.2s PIIO,IECT BID SCHEDULE-NICHOLS LANE REHABILITATION ADDITIVE ALTERNATIVE BID ITEMS (SEE APPENDIX K FOR PLAN) 5......... .. =: 1iidTf iii:DeSci '$ioiy: > 5:5:<5:;:;:; :<;;::.: ... ..... =. .. 1?..... :Prtee:::::.•Ac�ttnt l 1 Mobilization LS $ 000. $Sow 2 77300 Sawcut and Excavate existing AC and AB to a max depth of 12" SF prior to AC base course $ 70 3 1000 Construct 2" Asphalt Concrete(C3 PG 64-10)Surface Course TN $ 73, 4 4700 Construct 10"Asphalt Concrete(B2 PG 70-10)Base Course TN 5 5 Adjust OCSD Sewer Manhole to New Finished Surface EA $ yam^ 6 12 Replace Water Vahe Box per City Std.612 and adjust to new / finished surface EA $ 7.S"€>. 7 2 Adjust Sewer/Storm Drain Manhole to New Finished Surface EA 8 1 Install Traffic Striping in Kind LS $ 9 14 Install Traffic Loops per HB Std.Special Provisions EA $ � $3 . 10 1 Piepare Traffic Control Plans per Specifications LS C-2.3s PROJECT BID SCHEDULE-NICIIOLS LANE REHABILITATION ADDITIVE ALTERNATIVE BID ITEMS (SEE APPENDIX K FOR PLAN) =: >:::,> :> :? >:.;:=>i> : >:: . = :. ...::::::::: : zte�i€le d.. ::zl$ileiii:} si : 'iYioia`:=:.:_`:>: :_:::_«: :::::::::::< < : :?;::;: :: >:= >= >5:=: :.: :•;:•: Uiut'Pric11.1.. 11 1 Famish Traffic Control LS $ $z E/ Total Amount Bid in Figures: $ S 0 30. Total Amount Bid in Words: ... ------------------------------- - - ---- - -=�= - - --- - -- ..------ - -- - C-2.4s SECTION C PROJECT BID SCHEDULE MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT CC-1442 PROJECT BID: PROJECT BID SCHEDULES. . . . . . . . . . . . ... .. . . . .. . . . . . . . . . . .C-2.1s to C-2.4s 1. Project Base Bid(2.1s-2.2s) BASIS OF AWARD -------------------------------------------------------------- *ADDITIVE ALTERNATIVE 2. NICHOLS LANE REHABILITATION (2.2s-2.4s) From Slater Ave.to Warner Ave. S THE CITY RESERVES THE RIGHT TO INCLUDE OR REMOVE ITEM NO.2 IN THE AWARD OF CONTRACT. C-2.5s CC-1442 LIST OF SUBCONTRACTORS In accordauce with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or resider service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater,and the portion of the work to be done by such subcontractor. Bid Name and Address of Subcontractor State Class Dollar % of Itern(s) License Amount Contract Number g-qu s. y� ,•f s3sa� 7,�85.' .oy n Ib CA- .S Qx�rDn v K C TZ G�oFs c� f l,ti� � By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project_ C-3 NONCOLLU,si6N AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on MAY 9,201,3at BREA CA Date City State RAYMOND SANCHEZ being first duly sworn, deposes and says that he or she is ASSISTANT SECRETARY of SULLY-MILLER CONTRACTING CO.the party snaking 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. SULLY-MILLER CONTRACTING COMPANY•,. Na of Bidde Signature of Bidder RAYMOND SANCHEZ,ASSISTANT SECRETARYY' 135 S.STATE COLLEGE BLVD.,#400• BREA CA 92821 Address of Bidder C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On May 9, 2013 before me, Stella M. Drew, personally appeared Raymond Sanchez who proved to me on the basis of satisfactory evidence to be the person(s) whose names is/are subscribed to the within instrument and acknowledged to me that helShe/they executed the same in hisgh�r.e;t„eir authorized capacityoes), and that by hisA"� i; signatureW 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 oaaoa000�s.>�c,e..>R•v.;>.;.,...�..a-.aaa,;o�n00000eooeoe ',__0 wA M DEW the State of California that the foregoing paragraph is true Wr , COMM#1855059 D and correct. I wj NOTARY PUBLIC-CALIFORNIA m / ORANGE COUNTY � WITNESS my hand and official seal My Commission Expires June 21,2013 000aaaoaaaaa•>,.,•r .,caa+,o.+.$<.aaooaa0000000 �/.� J„n���'� Signature Stella M.Drew,Notary Public Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Non-Collusion Affidavit Document Date: May 9, 2013 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s): Signer's Name Raymond Sanchez Signer's Name ❑ Individual Individual �X Corporate Officer—Title(s) Assistant Secretary Corporate Officer—Title(s) 0 Partner—Limited/General Partner-Limited/General ❑ Attorney In Fact RightThumbprint Attorney In Fact Right Thumbprint of Signer, of Signer Trustee Trustee ❑ Guardian or Conservator Guardian or Conservator Other Other Signer is Representing: SULLY-MILLER CONTRACTING COMPANY >< TILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BE, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract,known as the MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT ,(1)(we)(1t)will employ and utilize only qualified persons,as hereinafter defined,to work in proximity to any electrical secondary or transmission facilities. The term"Qualified Person"is defined in Title 3,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. SULLY-MILLER CONTRACTING COMPANY Contr r By RAYMOND SANCHEZ,ASSISTANT SECRETARY Title Date: MAY 9,2013 C-5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On May 9, 2013 before me, Stella M. Drew, personally appeared Raymond Sanchez who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he%#e/they executed the same in histherlthemr authorized capacity(ies), and that by his it signature{) on the instrument the personal, or the entity upon behalf of which the person{)acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of STE" tJt DREWA the State of California that the foregoing paragraph is true LL and correct. (' s NOTARY r'+!r'iG CALIFORNIA 1 �C UR�+NGECl.?UN Y � WITNESS my hand and official seal My Commi si:.rs Expites,lung 21,2013 o3+sic•a�»,aoo•>•anr•sn•cwvx,.,::••>o;f,s-:.o�ooesoao��E Signature tetella`M.Drew,Notary Public Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Utility Agreement Document Date: May 9, 2013 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s): Signer's Name Raymond Sanchez Signer's Name Individual Individual ❑X Corporate Officer—Title(s) Assistant Secretary Corporate Officer—Title(s) Partner—Limited/General Partner-Limited/General Attorney In Fact Right Thumbprint ❑ Attorney In Fact Right Thumbprint of Signer of Signer Trustee Trustee Guardian or Conservator Guardian or Conservator Other Lj Other Signer is Representing: SULLY-MILLER CONTRACTING COMPANY DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, tinder penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified,removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑Yes ®No If the answer is yes,explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to tuidertake 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. SULLY-MILLER CONTRACTING COMPANY Contrac r By RAYMOND SANCHEZ,ASSISTANT SECRETARY Title Date: MAY 9,2013 C-7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On May 9, 2013 before me, Stella M. Drew, personally appeared Raymond Sanchez who proved to me on the basis of satisfactory evidence to be the persons whose name(&) isla% subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hisA"hir authorized capacity0es), and that by his ie4#�r signature(&) on the instrument the personal, or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of `Z��" STEL= ! M.DREW the State of California that the foregoing is true - V s , D 9 9 COM t'- 1 855059 m and correct. NOTARY PUBLIC-CALIFORNIA � OPANGE COUNTY J MyCommissiorLxpires June 21,2013 ; WITNESS my hand and official seal aooso❖>o�oa•>Y•ai••SCvi4&d>.>>�¢-o•�-r a+,a•*t+a•YO400 �n l' I Signature '/ Stella M.Drew,Notary Public Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Compensation Insurance Certificate Document Date: May 9, 2013 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s): Signer's Name Raymond Sanchez Signer's Name , Individual Individual ❑X Corporate Officer—Title(s) Assistant Secretary Corporate Officer—Title(s) Partner—Limited/General Partner—Limited/General Attorney In Fact „Right Thumbprint Attorney In Fact Right Thumbprint . of Signer, of Signer Trustee Trustee Guardian or Conservator Guardian or Conservator Other Other Signer is Representing: SULLY-MILLER CONTRACTING COMPANY BIDDER'S INFORMATION BIDDER certifies that the following information is true and coiTect: SULLY-MILLER CONTRACTING COMPANY Bidder Name 135 S.STATE COLLEGE BLVD.,#400 Business Address BREA,CA 92821 City, State Zip ( 714 ) 578-9600 Telephone Number 747612,A&C10 State Contractor's License No.and Class MARCH 30,1998 Original Date Issued MARCH 31,2014 Expiration Date The work site was inspected.by FRANK DUDLEY of our office on MAY 13 2013 The following are persons,fn7ns,and corporations having a principal interest in this proposal: ***PLEASE SEE ATTACHED CERTIFICATE OF INCUMBENCY&RESOLUTION*** C-8 IS TUX114 G ._ r V.,�'•_ i�r_` {.[1117-% .Lii�:. �.�it`1' SIC �l 1'i. i ,� IeV "t C;,' e1_ lli iil`Lrlji (j ---`L_1- .1 l,__I), L__� l E. �. ✓ d ;% '¢ p T ;a. [, i •; r i- ,, e c i r i � C. � ' l y(j" "ili1,r ` -MOI'a%T t�_ �c.Ff); 'c_���a.iP./�CJ1 j(��}1<<�t.iJl"_, ��1_i l.il��5'as tIC`', 3. U_':/ c C_'.�`.SS l�• and�:C'SCLf t L trrl_i�(i.� `�iii{I iIF111F_Ll 11JtJV1{s Vet g.11id(- lon r.1�atian. i. f i or FL rill le. r. T G ;. ' l�; f t ,t 7 otil ei_s o s;ifc r�y_ C1E l ,,may -d J. 1l..'t LLY "tlla;a Ltle rol1C,�;'b`iT1� .i i.rSO__u Fi_ (.tll..� �: CO-Epola-?Ion. TITLE !A Al E i E'i Chairman of'the,-'the,-s3oard Cso_dc�_R. Cra3vic y President David Martincz Vice.President, Chief 1'iliailcial Olftficcr all d E f'OaS€if'ci TiRIOL'hy P. Orchard Vice Presideni and rlssisiant S Secretary it!1Lrllael Edwards lc.t.-President uCt)tl' tSOLt011llO)T secict"ary c ntlloily i. Maf�cii�o if i5 r_ssistailt Secretary Gtovaa Aldide l Assi_st8nt Secretary c?yrnond SallchF�z Assistant Secretary i leni nis Ganseil i L1ther Le i y that the Rollo=rliflg is true lid correct copy of a resolution duly adopted by the Board of Directors of said Company at a nleetino held on February 13, 2012, and Mat his resolution bas not been iil any ,Jay fesci de d, M111Lllted, or.rcvokcd but tile, sauna is still in full loi:cc a-rid r ect. "Pill TERRIDERS: GENERAL RI zC•LVED, that ally of r(:- OL the corporation be and. ttloy ll.ereby ar(; authorized ill the Ilarne and on behal-f o3:tl1G t_.orpora$1011, under its coij?o1'ate Seal C)o Oil-ler- +ise (i) to prep)--- Proposals and bids for the sti[� 1yI11` OI GOnSirticti.0l1 material.5 and tt10-oei'fOri"ilaelCc 1)y itsclz or i1'L joint veritu'c, of work of vvhatsoo nature in' co-i ne"ctioll with the c0115t1:uc;,ioil or p jviilg of llicgtlZvays, road, and. �aii170 fs and in cOflllect10f1 with earthN�-orks, and"civil iiii?ill-oErfl)g prOjeCts 04: all kinds, toget11P,r F4rit11 all wOrtti filridCiltcil 1110YeiO,(ii}to excuute,and stlblllit any and all, such proi)osals and bills t0 ally goveri menta), authority, instrLinie11tality, or a-CiT'y o" tt1G lJ>lited SfatFs, its several siatc'•s, ier itofieS and possessions., h-lClUdIng- wiliout limitation, any njuilicEpc 1CV U1` (}ttiv!' �)011ltcul 'J}' CC1r�)Oralt'+ subdivision thereof, and to any corporation, pa-ftnarship, sole proprii torshlt, Ol' Oilier business cilittyt, Etif} ill coil�leciiork xTI-,tll aly such suhaYlss1011,to deliivei'-bid -- deposits Or bonds Lis inay be repired and (1SJ) t0 execute and deliver dcliilitive agreeI3leritS bindinp, the Corporation TO po-y orill wol'lf. in acco-rdance with any proposals and bias authorized hereby." ' l`..6� `tvj-eE Li1' k lla!F: herl llllLO s l r l jr L1.11Ci.a.il( 1I1^i7 1 G LlIG coT)tJrale 5 c1t Ll>_i r 1 �a . ff `Rm >'c:=�`:-k �i! ,c�~,IIt.1.0i1V �.t'""i�/d1tlI In r ty 1(n s�r T sull , ivfilt rC''o�.tIacti;:1J� ri?c ly '100 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 mid specifications set forth_ SULLY- LER CONTRACTING COMPANY Compa y ame Signature of Adder RAYMOND SANCHEZ,ASSISTANT SECRETARY Printed or Typed Signature Subscribed and sworn to before ire this_day of ,201�. PLEASE SEE ATTAHCED LOOSE CERTIFICATE WITH PROPER CALIFORNIA NOTARY WORDING. NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: I ***PLEASE SEE ATTACHED LIST OF REFERENCES*** Name and Address of Public Agency Name and Telephone No.of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No.of Project Manager: Contract Amount Type of Work Date Completed C-9 CALIFORNIA JURAT WITH AFFIANT STATEMENT STATE OF CALIFORNIA COUNTY OF ORANGE Subscribed and sworn to (or affirmed) before me on this 09 day of May, 2013, by Raymond Sanchez, proved to me on the basis of satisfactory evidence to be the person who appeared before me. 4.3vr^s4<5t^&=.•"v d,.. ,.=�ae'sti t=Y.44444(®N44000 .. � � CoOMbi#1855059 t&1 Vt7TllN +'IlIE3LIC-CALIFORNIA ORANGE COUNTY WITNESS my hand and official seal / � o rr— My Commission Expires June 21,2013 O✓o44.644t 4440•ii••A4V^SDd.<9i•:•Y46T•i00b060664404 ' Signature Stella M.Drew,Notary Public Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Proposal — Signature Page C-9 Document Date: May 9, 2013 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s): . Signer's Name Raymond Sanchez Signer's Name Individual Individual FX Corporate Officer—Title(s) Assistant Secretary Corporate Officer—Title(s) Partner—Limited/General Partner—Limited/General Attorney In Fact Right Thumbprint: Attorney In Fact Right Thumbprint of Signer of Signer Trustee Trustee Guardian or Conservator Guardian or Conservator Other Other Signer is Representing: SULLY-MILLER CONTRACTING COMPANY U)F C�I,:-FEEIR E[►C-22 Jahn VYa'1r tan 'O,' i, �� h. f � 2e is 1 4� _ @G'�-j(.;tl° L�,���Gi���8��� �>Ge.,Gu�s� ��C��,.vo ��;;� E''n.7C4s���,:u�C�G'`� V-05utelu6a, Qa� '(limy 01'1nONOW-y, (t�/\ Mario I-Estrada,G`ada, "'05-2. Ct,'q Emi gdmzQ-5• Johra BallaG, C51Y (Eng-jincCto (L I S-tiger strrCurdw 1 ] 7i-im h CGQF. i; PF gt-1 a Fim-C Stud9cs Operr'e tiob Costa Meson, cf 1"kaued'v Hills, C Grant Wilson, G'r-cujoci�t Me- ur,U.e - William' M,ur-phv J.P. off J21 55,0J6-O '10 1 r,-369-379,6!, My o' DaOdwin Eugr r,iuis5o5� BMSF Railroad Commeme ArrJem Idnar-u, Engimcwhig Mkinage ROV Rager-o, Construcu6en CulG,rrager !ion c3er es, Cons'b°mclion Manager Rail Stokes, Regionn"I Engi =rc2G' 213-742-787- IO 0 9-275e0211 CRIJ OT rl-,ulgarlun Cal State LoBT Beach Foumdadon Fmflerton, CA Long Beach, C George Lin, CrrglectEngineer Mo uidemanus, Director 552-985-84-69 The Lirulne company CRIJ of Rancho Cu area nua Mewport eenc�i`1i, CA Rancho Cucamonga,CA Peg ij Moos, S rra Duractur/ConstrrucUon Cini olj C acke-ML, QssockaZe lrnga ezeir ar•vur e Cccormmr:Gn audop'nWRIQ compmKira] Oi°-,9 eq Nhasperle] — Public vd-or'Cus Dept. Hewput seachy CA Hesperia], CAL Bill Mart,in,Vice Mike Poudegr°a©d7s., Cirl ManaDer° �fl DIRSG`l UW J4 u� 00` E-41s]. (0g17 t?'u lGf l Apple,Valllrev, (MA, G ccGuuarri3- �]�G :r•r�, �i sera �ru �Ga r Mih(q Mc:,, ;.., I: r'_b [ E 0 O F-RZ'S I 0DREK EINC,E -/,A, M I> o l",AL 1 v C�';�71"--Rk0 1 J ProiEcr Name/PJun-IbEr: MEDFORD STREET/ 10030C & 101 288-i 4 Year of Project: 11/2011 5/2012 Project Descripiof: AC-CONCRE II E-STRIPING SIGNALS Agency Name: LOS ANGELES COUNT, DEPARTMENT OF PUBLIC WORKS Contact Person: FAHIM RAHIMI Telephone: 626-158-3112 Fax: 626-458-2197 Original Contract Amount $1,961,576 Final ContractAmount: $1,893,032 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: 2010/2011 ANNUAL WATERLINE &SLURRY SEAL JOB/ 11090C& 10128866 Start and Finish Dares: 5/2011-3/2012 Project Description: WATER LINE AND STREET IMPROVEMENTS Agency Name: CITY OF LA HABRA Contact Person: CHUCK STEPHAN Telephone: 562-905-7200 Original Contract Amount: $1,507,833 Final Contract Amount: $1,443,408 Change in contract amount is due to items of wort; being deleted by the agency. Project Name/Number: i ORRANCE BOULEVARD/ 28791C Year of Project: 10/2008- 05/2010 Project Description: STREET RECONSTRUCTION &ARHM OVERLAY Agency Name: CITY OF TORRANCE Contact Person: BET H OVERSTREET Telephone: 310-618-3074 . Fax: 310-781-6802 Original Contract Amount: $5,904,267 Final Contract Amount: $6,133,068 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: LONG BEACH ANNUAL 2009/ 28810C Year of Project: 01/2009- 05-2610 Project Description: AC/ARHM - CONCRE T E- BASE- SIGNALS-SURVEY-STRIPING - LANDSCAPE Agency Name: CITY OF LONG BEACH Contact Person: CHARLES RAMEY Telephone: 562-570-5170 Fax: 562-570-5176 Original Con"tract Amount: $5,000,000 Final Contract Amount: $4,290,000 Annual Contract- work was done on an as needed basis. Project Name/Number: LACMA PHASE 11 PAVILION PROJEC-1 28006/ 29820C Year of Project: 02/2009- 04/2010 Project Description: B PERMIT Agency i tame: MATT CONS T RUCION CORPORA I i ON Contact Person: GREG WADE T e%phone: 562-90.E-2277 Fax: 562-903-2290 `slJ . ,__A ,i L 0)gir al Conbaci;.rnount: 92 SOi Final Coriraci Amount. S420 000 Change In original contract anlounL Is due i=o ex'Lra Vverk,and/cr colTti'ad change orders adding work. Project Name/Number: L SOUTHWEST COLLEGE— PARKING LOT 3 / 28795C Year of Project: 09/2008—01/2010 Project Description: AC—BASE—CONCRETE — STRIPING . Agency Marne: CHEVRON ENERGY SOLUTIONS- Contact Person: STEVE PELASYED Telephone: 71q-577-1374 Fax: 714-577-1330 Original ContracrArrount: $1,120,315 Final Contract Amount: Change in original contract amount is due to extra work and/or contract change orders adding work. Project lVamefflumber: 2007-2008 PAVEMENT REHAB1LiTA TON-28750C Start and Finish Dates: 6/2008 TO 7/2008 Project Description: AC/ARHM—MANHOLES-SURVEY—STRIPING—COLD MILL Agency Name: CITY OF HAWAIIAN GARDENS Contact Person: S T EVE STEINBRECHER Telephone: 562-908-6200. Fax: 562-695-2120 Original Contract Amount: $451,112 Final Contract Amount; $456,287 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: S T REE i PAVING PRbGRAM-28735C Starr and Finish Dates 3/2008 TO 5/2008 Project Description: ARHM— MANHOLES—,MONUMENTS—STRIPING—SWPPP-COLD MILL Agency blame: CITY OF WEST HOLLYWOOD Contact Person: MILA SOLOGUB Telephone: 323-848-6338 Far,: 323-848-6564 Original Contract Amount: $340,986 Final Contract Amount: $315,916 Change in contract amount is due to items of work being deleted by the agency. Project tVame/Number: THE LACMA TRANSFORMA I i0N PROJECT-27662C Starr and Finish Dates: 6/2007 TO 4/2008 Project Description: B PERMIT Agency Name: MA I i CONS I RUC 11ON CORPORA i EON ContaciPerson: GREG WADE Telephone: 562-903-2277 Fa;;: S62-903-2290 Original Contract Amount: $912,402 Final ConiracrArnounr: $1,363,596 Change in original contrail amount is due Lo extra work and/or conLracC change orders adding work. Project Name/Number: CATALNA MEDIA/THE POINTE-27732C Start and Finish Dates: 1/2008 TO 3/2008 Project.Desc7ption: SEINER MAIN INSTALLAT11ON i Bit DIADERF 3S Lzm' �� ` LJ/ �!! � G ll 1►O� � Agency Marne: KRISMAR CONSTRUCTION COMPANY INC. Contact Person: GARY MOP.P.iSON Telephone: 310-458-3170 310-1158-9003 Original Contract;'mount: $315,955 Final contract Amount: $41-1,955 Change in original contract amount is due to e,,tra work and/or contract change orders adding work. Project Narne/!Numb_er: PACIFIC ELECTRIC INLAND TRAIL PHASES 2 &3/ 27653C Stai't and Finish Dates: 3/07 TO 1/08 Project Description: R/R CONCRETE/AC— LANDSCAPE/!RRIGA T ION —SIGNALS S RIPE - UTILITIES Agency Name: CITY OF RANCHO CUCAMONGA Contact Person: WALTER SECKNEY telephone: 909-4.77-2740 Fax: 909-477-2746 Original Contract Amount: $3,424,781 Final Contract Arnount: $3,424,780 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Aiame/lVumber: MAROUARDT AVENUE/ 27689C Start and Finish Dates: 7/2007 TO 9/2007 Project Description: R/R CONCREi E—AC ON FABRIC—AD]UST U I ILI i IIES Agency Name: LOS ANGELES COUNTY DEPT. OF PUBLIC WORKS Contact Person: EMIL KURLYANDTelephone: 626-458-3166 Fax: 626-458-2197 Original Contract Amount: $183,915 Final Contract Amount: $183,915 Project Name/Number: ALPACA STREET IMPROVEMENT PR07EC:I / 27699C Start and Finish Dates: 8/2007 TO 11/2007 Project Description: R/R CONCRE T E&ASPHALT—S TRIPING —ADJUSTST UTTIILITIIES Agency Name: CT Y OF SOUTH EL MONTE Contact Person: GEORGE CASTILLO Telephone: 562-682-3620 Fax: 562-684-0130 Original Contract Amount: $135,000 Final Contract Arnount: $167,074 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: REHABILITATION OF LA MIRADA BLVD. / 27664C Start and Finish Dates: 5/2007 TO 9/2007 Project Description: ARHM /AC PAVING, CONCRETE WORK—LOOP DETECT ORS/SIGNALS Agency Name: CITY OF LA MIRADA Contact Person: GARY SANUITelephone: 562-91-3-2385 Fax: 714-522-5800 Original Contract Amount: $2,164,089 Final ContractArrount: $2,575,166 Change in original contract amount is due to extra work and/or contract change orders adding vvork. Project Marne/Number: CSULB PARKING LOT 13 REPAIR— REPAVE/ 27694C StaIC and Finish Dares: 7/2007 TO 3/2007 Project Description: i-11C GRIND/ OVERLAY—ASPi-IALT REPAIR - MINOR CONCRE TE REPAIR ^ Agency Alarrie. CALIF0RNIA S I A,1 E UNIVERS-1 T Y, L0 iG S IEACh Contact Person: ENRIQUE ROBLES Telephone: 562-985-4175 Fa,;: 562-985-2308 Original Contract l-hnounL': $375,823 Final Contract Amount: $1,80,572 Change in original contract amount is due to extra work and/ov contract change orders adding work. . Project Narnefflumber: ORANGE LINE—CANOGA S T A—TON PARK AND RIDE/ 25568C Start and Finish Dates: 3/2006 TO 1/2007 Project Description: NEW TRANSPORTATION S T A I ION INCLUDING AC PAVING &,CONCRETE WORK Agency Name: MET ROPOLI I AN T RANSPORA I ION AU T HORI T Y Contact Person: GHULAM SHAIKH Telephone: 818-262-6300 Fax: 213-922-7384 Original Contract Amount: 13,732,500 Final Contract Amount: $12,415,392 Change in Contract anount is due to items of work being deleted by the agency. Project Name/Number: SOUTH COAST PLAZA PARKING LOT/26608C Start and Finish Dates: 7/2006 TO 10/2006 Project Description: COMPLETE REMOVE AND REPLACE OF PARKING LOT, CONCRETE CURB 8; GU TT T ER, LOOP DE T EC T ORS, AND STRIPING Agency Name: SOUTH COAST PLAZA Contact Person: ROBERT THOMAS Telephone: 714-546-0110 Fax: 714-546-9835 Original Contract Amount: $3,100,009 Final Contract Amount: $3,932,226 Change in original contract amount is due to extra work and/or contract change orders adding work. Project NamefflUmber: RESIDENTIAL STREET REHABILITATION WORK/ 26573C Start and Finish Dates: 2/2006 to 8/2006 Project Description: ASPHALT CONCRETE OVERLAY AT VARIOUS LOCATIONS IONS CITYWIDE Agency Name: Ci I Y OF WEST COVINA Contact Person: OSCAR CAPLIN Telephone: 626-939-8445 Fax: 626-939-8660 Original Contract Amount: $1,430,888 Final Contract Amount: $1,512,463 Change in original contract anount is due to extra wort,and/or contract change orders adding work. Project Name/Number: BERT H 401-406 BACKLAND IMPROVEMENTS / 25567C Start and Finish Dales: 1/2006 to�./2006 Project Description: ASPHALT AND CONCRETE PAVING/ SI T E IMPROVEMENT PROJECI Agency Name: PORT OF LOS ANGELES Contact Person: KEN HARBOR Telephone: 310-831-5389 Fax 310-831-5389 Original Con tra&Ainoun : t3,286,800 Final ConbactArn.ocrn : D,386,333 Change in original con-FE, L cnOUnL is due i0 extra wort:and/or contract change orders adding vlork. Project Name/iVumber: 1957" S T RF II IMPROVEMENT/ 25506C PA Start acid Finish Dates: 5/2005 Lo 11/2005 Project Description: MEDIAN ISLAND and STREET REPAIRS Agency Nanne: Cif` OF CERRITOS Contact Person: VIC MASAYA Telephone: 562-916-1231 Fax: 562-916-1371 Original Contract Amount: $862,370 Final Contract/!mount: $742,488 Project Narne/Number: MALL PARKING LOT-IMPROVEMENTS/ 25492C Start and Finish Dates: 3/2005 to 10/2005 Project Description: REPAID.and PLACE NEW AC PAVING and STRIPE PARKING STALLS Agency Name: CITY OF TEMPLE CITY Contact Person: JANICE S 1 ROUD Telephone: 626-285-2171 Fax: 909-594-2858 Original ContractAmount: $828,837 Final Con tractAmount: $894,012 Change in original contract amount is due to extra work and/or contract change.orders adding work. Change in contract amount is due W items of work being deleted by the agency. Project ilfame/Number: HELLMAN AVENUE STREET IMPROVEMENTS/ 241.77C Start and Finish Dates: 6/2004 to 11/2005 Project Description: STREET RECONSTRUCTION PROJECT Agency Name: CITY OF ROSEMEAD Contact Person: KEN RUKABINE Telephone: 562-908-6262 Fax: 562-695-2120 Original Contract Amount: $1,051,667 Final Contract Amount: $1,067,429 Change in original contract amount is due to extra work and/or contract change orders adding wort:. Project Name/Number: HOLGATE AREA STREET REHABILITATION AND WATER MAIN / 24446C Start and Finish Dates: 3/2004 to 6/2005 Project Description: S I REE T REHAB!i I A I TION AND WATER MAIN REPLACEMENT Agency Name: CITY OF LA HABRA Contact Person: CHUCK S T EPHAN Telephone: 562-905-9720 Fax: 562-905-9643 Original Contract Amount: $2,996,461 Final Contract Amount: $3,566,942 Change in original contract arnount is due to extra work and/or contract change orders adding work. Project Name/Number: PIER 400 BACKLANDS PHASE 2/ 23301C Star and Finish Dates: 1/2003 to 8/2004 Project Descript-ion: T P.ANSTAINER FACILI I Y, GRADING, PAVING, UNDERGROUND, CONCRETE. PROJECT FINISHED ON TIME—EC!RA DAYS FOR E?Ct RA WORK ONLY Agency Name: PORT OF LOS ANGELES Contact Person: MAHMOUD IRSHEID Telephone: 310-732-3525 Fax: 310-831-5389 Original ContractAmount: $30,618,798 Final Con traccArnount: $30,030,429 Change in contract amount is due to items of work being deleted by agency. Froject NamelAfumber: PHANTON] WEST STREWIMPROVEMENT/ 82803C Cc). Start and Finish Date-s: 1212002 to 8/ 2003 Project Descripiion: UNDERGROUND, ASPHAL 1 REHAB, CURB &GU i 1I ER, COLD MILLING AgencylJarne: CITY OF ViCJ-ORViL1 E Contact Person: MARK MILLED, Telephone: 760-955-9158 Fax: 760-9SS-S1S9 Original Contract Amount: �4,771,477 Final Contract Amount: 4 S94,840 Project Narne/Nurnber: ARROW HIGHWAY- LIVE OAK AVENUE PHASE II/ 22273C Start and Finish Dates: 11/ 2002 to 8/ 2003 Project Description: AC GRIND OVERLAY— NEW MEDIANS &DECORA I iVE CONCRE—1 E Agency Afame: CI i f OF IRWINDALE Contact Person: KWOK I AM Telephone: 626-430-2212 Fax: 626-962-2018 Original Contract Amount: $4,289,147 Final Contract Amount: $4,654,815 Change in original contract amount is due to extra work and/or contract:change orders adding wort. Change in original contract amount is due to extra work and/or contract change orders adding wort:. Project Name/Number: PIER 400 CON I AINER TERMINAL/ 21130C Start and Finish Dates: 1/ 2001 to 9/ 2002 Q Project Description: BACKLAND IMPROVEMENTS,S, PHASE I Agency Name: PORT OF LOS ANGELES Contact Person: MAHMOUD ISHEID Telephone: 310-732-3S2S Fax: 310-831-S389 Original Contract Amount: $78,134,S00 Final Contract Amount: $74,226,254 Change in contract amount is due to items of wort:being deleted by agency. 4 'r'f OJI,.-(C70 -5aW,1�}LtC7XOtG gA 5-- u�gim, DPFLAHjF% 5rEVJER FP-J 0 WA E o �5!!"IlP R.00 vrLMrc—im]5 Project IVarnelAfumb er: FOSTER PARE, VALLEY VIEW AVE/ FOSTER ROAD/ 29891C Year of Project: 02/2010 - 01/2011 Project Description: R/R S T REEI S, (AC/CMB/C&G), STORM DRAIN IMPROVEMENTS Agency IVarne: CITY OF LA MIRADA Contact Person: GARY SANUI Telephone: 562-349-2727 Fax: 562-943-1464 Original Contract Amount: $2,148,000 Final Contract Amount: $3,075,872 Change in original contract amount is due to extra work and/or contract:change orders adding work. Project IVame/Number: OFFSITE EUCLID STREET IMPROVEMENTS/ 28803C Year of Project: 11/2008 - 05/2010 Project Description: OFFS-EC IMPROVEMENTS, STORM DRAIN, ELEC:f RICAL, AC PAVING, CONCP\E EE IMPROVEMENTS Agency Name: WATSON LAND COMPANY Contact Person: ROBERT DEBERARD . Telephone: 310-952-6429 Fax: 310-522-8785 Original Contract Amount: $4,083,052 Final Contract Amount: $3,849,675 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Afame/Number: VALLEY WAY/ARMS TRONG ROAD/ 27680C Year of Project: 01/2007 - 0-1/2009 Project Description: RCP, STORM DRAIN, STRUCTURES, MANHOLES, AC/ARHM, CON(CRET E IMPROVEMENTS, BASE, ELECTRICAL, S I RIPING Agency Name: COUNTY OF RIVERSIDE Contact Person: STAN DEP.Y Telephone: 951-955-6785 Fax: 951-955-3164 Original Contract Amount: $4,813,000 Final Contract Amount: $6,190,475 Change in original contract amount is due to extra work and/or contract change orders adding wort;. Project IVame/Number: DOUGLAS PARK S T REEF IMPROVEMENTS AND INFRASTRUCTURE/ 26595C Year of Project: 03/2006-07/2007 Project Description: INFRASTRUCTURE - SEWER, WATER, STORM DRAIN Agency Name; BOEING REALTY CORPORATION Contact Person: STEVE GARIS Telephone: 562-593-4730 Fax: 714-850-0086 Original ContractAmount: $11,256,511 Final Contract Amount: $19,932,964 Change in original contract amount is due to extra work: and/or contract:change orders adding work. Project Nanie/Number: PORTOI 8 SPRINGS AND MODJESKA/ 25534C Year Of ProjeCt: 04/2005-06/2006 ProjecLDescriljUon: SEWER, WATER, STORK-1 DRAIN IMPROVEMENTS Agency Alame: IRVINE COMMUNITY DEVELOPMENT COMPANY Cone ct Person: BILL MAR THIN Telephone: 714-734-8100 Fa;;: 949-464-9715 Original Contract Amount: $8,625,848 Final Contract Arnount: $9,602,943 Change in original contract amount is due to extra wort:and/or contract change.orders adding work. St ra y-21'11TI 1 FR 0,Ei r,DEpl'D Elk PREP,aEmcr "'m, QU,ALIF-ACA u AO RS ADir]ALT L �9D i�77ED Gi®u mux� i ;_m' ) Project Narne/Number: ANNUAL OVERLAY PROGRAM / 27697C Start aInd Finish Dates: 8/07 TO 7/08 Project Description: ARHM OVERLAY—CONCRETE(C&G, SIDEWALK, DRIVEWAY) - LOOPS Agency Name: CI Y OF CARSON Contact Person: RICK BOUTROS Telephone: 310-952-1 700 ext. �1_830 Project Value: $2,397,755 Project Name/Number: 2006-2007 MAJOR ARTERIAL OVERLAY PROJECTI / 27681C Start and Finish Dates: 7107 TO 1/03 Project Description: ARHM OVERLAY— CONCRETE SIDEWALK/RAMPS—LOOPS—STRIPING Agency Name: CITY OF COMPTON . Contact Person: CHARLES BERGSON Telephone 310-605-5696 Project Value: $1,846,709 Project Name/Number: NORMANDiE AVENUE — STPL-5953(451) / 26647C Start and Finish Dares: 3/07 TO 9/07 Project Description: ARHM/AC PAVE— LANDSCAPE—CONCREi E— SIGNALS/LIGHTING/LOOPS Agency Name: LOS ANGELES COUNTY— DEPT. OF PUBLIC WORKS (LACDPW) Contact Person: EMIL KURLYAND Telephone: 626-1-58-3166 Project Value: $2,713,186 RJR 14-41i111143,-,I� ,C�4MI �� � -TTI-JG CO License 747Bi2,4 185 S. STATE COLLEGE BLVD., SUITE 400 BREA, CA 92821 v PHONE 714-0-78-9600 Pavement Preservation References: Job No, Job Value Description Owner Contact 29881c 106,411 AC paving,sealcoat and re- Kinder Morgan David Lennon stripe Carson Facility 310-251-G893 29875c 257,093 Coldmill,AC overlay, sealcoat Pratt Whitney Je5`Stern and restripe the North this Rocketdyne 818-585-G801 at the DeSoto Facility,CA 29869c 266,286 AC paving,sealcoat and restripe Swlnerton Raj Ramanathan Salvation Army parking lot Builders 213-440-4585 in Anaheim,CA, 29853c 78,467 AC paving,sealcoal and re- Hathaway- Rena Contreras stripe parking lots at The Dinwiddle 562-944-9331 Buckley School 28815c 280,472 AC paving, sealcoat and restripe , Jorgensen Bill Vim Toyota Airr"lite T erminal at 925-2444203 Long Beach Airport,CA. 28792c 369,575 AC repairs,sealcoat Et restripe Toyota Logisistirs Jon Keller Port of Los Angeles,CA. 714-336-2409 27686c 369,931 AC/PCC repairs,sealcoat and Piatt Whitney Mike Daley restriping at two facilities In Rocket:dyne 818-586-9052 Canoga Park,CA. 27675c 623,996 AC/PCC repairs,sealcoat and I he Boeing Wayne Holt restriping at three facilities in Company 562-497-4284 Anaheim, Huntington Beach, and Seal Beach,CA, 23293c 327,946 South Coast Drive Realignment Cl Segerstrom Grant Wilson included Type I!Road Slurry &Sons 714-438-3276 w/2%Latex 23292c 2.66,922 Harbor Blvd realignment Cl Segerstrom Grant Wilson included Type II Road Slurry &Sons 714-438-3276 w/2% Latex 22277c 1,450,716 South Coast Drive Realignment CJ Segerstrom Grant Wilson included Type II Road Slurry &Sons 714-438-3276 420% latex THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Sully-Miller Contracting Company 135 S State College Blvd. Ste 400 Brea CA 92821 as Principal, hereinafter called the Principal, and Liberty Mutual Insurance Company 8044 Montgomery Road Ste. 150E Cincinnati OH 45236 a corporation duly organized under the laws of the State of MA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street, Second Floor, Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for Maintenance Zone 7 Residential Overlay Project, CC No. 1442 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 materials 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 13th day of May 2013 Sully-lAller C ntractin, CqMa.ny (Sea!) (Witness) STELLA DREW, NOTARY PUBLIC BY: L ASSISTANT SECRETARY RAYMOND HEZ (Title) JAL1NSUggy Liberty Mutual Insurance Company 1912 v (Surety) eal) Julia Nguyen (Witness) j9sSgCH " Attomey-in-Fact Victofia M. Campbe (Title) AIA DOCUMENT A310 O BID BOND a AIA a FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On May 14, 2013 before me, Stella M. Drew, personally appeared Raymond Sanchez who proved to me on the basis of satisfactory evidence to be the personW whose nameW is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histherlthe;r authorized capacity{W, and that by his hegtheir signature(s) on the instrument the person{), or the entity upon behalf of which the persons)acted, executed the instrument. ..y,r�,.:,e...a,,.y.}.,,s•>aaeeee,,< ,.�.�•�aeo SQL ua g I certify under PENALTY OF PERJURY under the laws of �' COw, > the State of California that the foregoing paragraph is true NOTARY" RNIA 7J ;i and correct. ORs�i Mycommi I,21,113 ; WITNESS my hand and official seal Signatures Stella M.Drew,Notary Public Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Bid Bond Document Date: May 13, 2013 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s)- Signer's Name Raymond Sanchez Signer's Name Individual Individual OX Corporate Officer-Title(s) Assistant Secretary Corporate Officer-Title(s) Partner-Limited/General Partner-Limited/General Attorney In Fact Right Thumbprint Attorney In Fact Right Thumbprint of Signer of Signer Trustee Trustee Guardian or Conservator Guardian or Conservator Other F—] Other Signer is Representing: SULLY-MILLER CONTRACTING COMPANY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On MAY 13 2013 before me, Julia Hien Nguyen Notary Public DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC" personally appeared Victoria M Campbell , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/at-e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in t4i-s/her/t4eif authorized capacity(ies), and that by t4i-s/heft4e#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. JULIA HIEN NGUYEN Commission#2006350 IS Q:- Notary Public-California Z WITNESS my hand and official seal. Z ' Orange County D My Comm.Expires Feb 3,2017 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: MAY 13 2013 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE Liberty Mutual Insurance Company HIS FJWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated.. Certificate No.5952362 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and WestAmedcan Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Christina Johnson;Erik Johansson;Kim Heredia;Linde Hotchkiss; Melissa Tetzlaff;Shirley Bauman;Victoria M.Campbell all of the city of Irvine state of CA each individually if there be more than one named,its true and lawful attomey-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 16th day of January 2013 9+ „1„" c9 Sin a American Fire and Casualty Company rF The Ohio Casualty Insurance Company N o z( , Liberty Mutual Insurance Company m West American Insurance Company N _ _., y ^ter•-'' '�:.v By: c0+- Gregory W.Davenport,Assistant Secretary C C STATE OF WASHINGTON ss COUNTY OF KING C — O On this 16th day of January 2013 before me personally appeared Gregory W. Davenport,who acknowledged himself to be the Assistant Secretary of American v ci O Fire and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company;and West American Insurance Company,and that he,as such,being authorized so to do, >'W O execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. _ ,, <C i E >. IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. O CL y' NV✓� � 0 fq 3 1i;TA;iY - i = B KID Riley,Not Public 3 of _ This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance m c Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: r Q o� LARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject p C - to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, O C acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations: Such attorneys-in-fact,subject to the limitations set forth in their respective :5 3 E ai powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so O 0. executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under > 4- the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. O = ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, r > L and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute, E cm p seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their co Z 0 respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 00 executed such instruments shall be as binding as if signed by the president and attested by the secretary. co Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W. Davenport,Assistant Secretary to;appoint such ~ attorneys-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this l��ay of ill �/ 20 13 ;:Q`.F �p4t ���ate'• C U R(� G///��//%� By: " David M.Carey,Assistant Secretary LMS 12873 092012 185 of 500 r *** SEALED BID'** SULLY-MILLER DO NOT OPEN WITH REGULAR MAIL CoNTRAcrrNG Co. 135 S.STATE COLLEGE BLVD.SUITE 400 BREA,CA 92921 MAINTENANCE ZONE 7 RESIDENTIAL OVERLAY PROJECT IN THE CITY OF HUNTINGTON BEACH CITY CLERK'S OFFICE 2000 MAIN STREET SECOND FLOOR BID DATE: MAY 21.2013 @ 2:00PM