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HomeMy WebLinkAboutS PARKER ENGINEERING, INC. - 2006-07-17 r RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to 1t tC( 7a(.4-- City Clerk's Office (Name) I V after signing/dating _3I110 1 oh (Date) ' ' AT CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION , p TO: Sha rpri idenrich, City Treasurer FROM. DATE JAZ SUBJECT- Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No CC No MSC No Approved b Agenda Item No. (Coup d Approval Date) City Clerk Vault No. 6-3 #27 g/followup/bondletter.dnc • ` RECEIVED BY: }�'� CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) f j after signing/dating 9'/l 3/D 6 (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE: ar SUBJECT: Bond Acceptance I have received the bonds for Co parry Name Faithful Performance Bond No. (� Labor and Material Bond No. !1/ Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. ` MSC No. d Approved Agenda Item No. — (cobndl A proval tare)' City Clerk Vault No. #27 g./followup/bondletterdoc City g of Huntington Beach INTER-DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: James Jones, Maintenance Operations Manager DATE: February 27, 2007 SUBJECT: Retention Release Payment Company Name: S. Parker Engineering, Inc. Address: 2783 Tern Circle City, State and Zip Code: Coast Mesa, CA 92626 Phone Number: (714) 241-560 1 Business License Number:A200998 Local Address: NSA Notice of Completion Date:December 19, 2006 Contract Purpose: Construction of Curb Ramps @ Various Locations, MSC -435 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 n th ubject at this time. a ate Robert F. Oeardsley, Pub ' Works Director I certify that there are no outstanding invoices on file. 3J2C I o7 Date Shari F eidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. ate Joan Flynn, Clerk Retention Release 435 2/27/2007 5:21 AM Fal'E CITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 190 Huntington Beach , CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Joan Flynn Date: February 27, 2007 To: City Clerk's Office ProjectlC.C.No.: MSC 435 2000 Main Street Regarding: Construction of Curb Ramps 0 Various Huntington Beach, CA 92648 Locations ® We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ❑ We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ElShop drawings ElPrints ElPlans ElSamples ElSpecifications ❑ Copy of letter ❑ Change Order ® Other: See Description Item# Copies Pages Description 1 1 1 Certificate of Compliance Title Vll(original 2 1 1 Contractors Certificate(original) 3 1 1 Certificate of Compliance with Prevailing Wage(original 4 1 4 Maintenance Bond(original) 5 1 4 Consent of Surety to Final Payment(original) 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 ElFor review/comment ❑ Other: Remarks: Please contact me at extension 5042 with any questions you may have. c: file By: Jason Churchill, Street/Facility Supervisor HAMY DOcuMEm\GRANTS AND CONTRAcrs\CDB GRANT\06\MSC-435\TRANsmrrAL To CLERK 435 I)NAL DOCS.DOC 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 VH of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Construction of Curb Ramps @ Various Locations; MSC - 435 Project: Construction of Curb Ramos @ VariouG Locations; MSC# 435 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 28 day of December , 20__Q& at Costa Mesa , California. S. Parker Engineering, Inc. Steve T. Parker - President (Type Con racto am By: Steve T. Parker Name: [Type Name] -~ Title: [Type Title] , R �e, c7RNEY 1 245911.1 CONTRACTOR'S CERTIFICATE I, Steve T. Parker - President , state and certify that: (Name of Declarant) 1. S. Parker Engineering, Inc. is the general contractor to the City of Huntington Beach ("City") on Contract No. MSC —435 (the "Contract") for the construction of the public work of improvement entitled: Construction of Curb Ramps @ Various Locations (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 costa Mesa, CA. on this 28 day of December , 2006 . (Signature of Declarant) Steve T. Parker APPROVED AS TO FORM By: �1-7 —ilJ 3. Zo•OCQ Name: [Type Name] Title: [Type Title] 1 245914.1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: MSC-435 Project: Construction of Curb Ramps @ Various Locations; MSC -435 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 28 day of December , 20 06, at Costa MEsa , California. S. Parker Engineering, Inc. (Type Contractor Name) By: Name: [Type Name] Steve T. Parker - President Title: [Type Title] A�TO CITY ATI�ORN&Y 'It Y4 7 S us-ab 0-�o 1 247542.1 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing1dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sh eidenrich, City Treasurer j FROM: DATE: o� SUBJECT: Bond Acceptance I have received the bonds for 's- (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. lt�2 ` Re: Tract No. CC No. MSC No. Approved Agenda Item No. ( ou cil Approval ate) City Clerk Vault No_ #27 g:/followup/bondletter doc SAFECO Insurance Company S A F E C a PO sox 34526 r531 Seattle,WA 98124-1526 FIRST NATIONAL SURETY MAINTENANCE BOND Bond #6419287 01 Premium included on performance bond KNOW ALL BY THESE PRESENTS,That we, S.PARKER ENGINEERING,INC. as Principal,and FIRST NATIONAL INSURANCE COMPANY OF AMERICA a corporation organized under the laws of the State of Washington and duly authorized to do business in the State of CALIFORNIA ,as Surety,are held and firmly bound unto THE CITY OF HUNTINGTON BEACH as Obligee,in the penal sum of ONE HUNDRED THIRTY FIVE THOUSAND SIXTEEN DOLLARS AND NO/100S -- ---- --- — --- — ($135,016.00 - ) to which payment well and truly to be made we do bind ourselves,our and each of our heirs, executors,administrators,successors and assigns jointly and severally,firmly by these presents. WHEREAS,the said Principal entered into a Contract with the THE CITY OF HUNTINGTON BEACH dated 2006 for CONSTRUCTION OF CURB RAMPS @ VARIOUS LOCATIONS; MSC-435 WHEREAS,said Contract has been completed,and was approved on j y day of Q•, eAg!Qr 26d NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of any defective materials or workmanship which became apparent during the period of ONE(1) year(s)following completion of the Contract then this obligation shall be void,otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only,and the Surety assumes no liability for such a guarantee. Signed and sealed this 3rd day of JANUARY 2007 S.PARKER ENGINEERING,INC. (Seal) By (Seal) Name and Title: Steve T. Parker President (Seal) FIRST NATIONAL INSURANCE COMPANY OF AMERICA By—� DWIGHT REILL A rney-in-Fact S-0843/FNEF 10/99 ®A registered trademark of SAFECO Corporation FRP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ORANGE On January 3rd,2006 , before me, ALLISON RITTO,NOTARY PUBLIC Date Name and Title of Officer(e g.,"Jane Doe,Notary ) personally appeared DWIGHT REILLY Name(s)of Signer(s) N personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(sj whose name($) Wee ' subscribed to the within instrument and All1SON RITTO acknowledged to me that hefshsAhejt executed Commkmbn*1537464 the same in hisA"T thek authorized , Notary PubNc-Cail la capacityfies), and that by hisfFie 01teir Oilangle County i MyComm un 23,20 signature(e}on the instrument the person(&),or ' the entity upon behalf of which the person($) acted, executed the instrument. WITNESS my h n nd official al. Place Notary Seal Above Sigrmture of Notary Public ALLISON RITTO OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Maintenance Bond Document Date: January 3rd,2006 Number of Pages: Signer(s)Other Than Named Above: NONE Capacity(ies)Claimed by Signer Signer's Name: DWIGHT REILLY ❑ Individual . ❑ Corporate Officer—Title(s): Top of thumb here ❑ Partner—O Limited ❑General 6 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:FIRST NATIONAL INSURANCE COMPANY OF AMERICA S A F E C Oa POWER FIRST NATIONAL INSURANCE COMPANY OF AK70CA OF ATTORNEY PO BOX 34526 FIRST NATIONAL SURETY SEATTLE.WA 98124-1526 PO BOX 34526 SEA'I-r1.E,WA 99124-1526 No. 9551 KNOW ALL BY THESE PRESENTS: i That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint •aar««ararrrar«rawararaarrraarrrr»arwrar arara«11.J.DUECK,DWIGHT REILLY,Anaheim,California******* «aa«««««a« Its true and lawful attomey(s)4n4act.with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this I Ith day of January 2005 CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of Its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be Impressed or affixed or in any other manner reproduced,provided,however, that the seat shall not be necessary to the validity of any such instrument or underlaing" Extract from a Resolution of the Board of Directors of FIRST NATIONAL>INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (10) Certifying that said power-of-attomey appointment is in futll force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Christine Mead,Sectary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 3rd day of January 2006 SUR�CECo SEAL rf g�1928 09,�J= • IF CHRISTINE MEAD,SECRETARY S-1049/FNEF 7198 ®A registered trademark of SAFECO Corporation 0 111 1/2 0 05 PDF Q. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ✓�/af' ) On J-62 , J 206 7 before me ` 7a DATE NAME,TITLE OF OFFICER—E.G..,-JANE E,NOTARY PUBLIC personally appeared, •1p T P4 r K P e— personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the-instrument. WITNESS my hand and official seat. r sooZAiNnO039NVHO wok VINHOdlldO-0119ndkHVIONvqj Q 6LLYL9L#'WWOO � (SEAL) 1113NON 3113HOIW rrc NOTARY PUBLI ATUA OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUMED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUN EW. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNERS(S)OTHER THAN NAMED ABOVE SIGNER'S NAME SIGNER'S NAME RIGHT THUMBPRINT - RIGHT THUMBPRINT CONSENT OF OWNER 0 SURETY COMPANY ARCHITECT ❑ TO FINAL PAYMENT CONTRACTOR ❑ SURETY OTHER ❑ A/A DOCUMENT G707 PROJECT: CONSTRUCTION OF CURB RAMPS @ VARIOUS LOCATIONS;MSC-435 (name,address) TO(Owner) CITY OF HUNTINGTON BEACH ARCHITECT'S PROJECT NO: 2000 MAIN STREET CONTRACT FOR: MAINTENANCE SERVICE P.O. BOX 190 HUNTINGTON BEACH,CA 92648 II CONTRACT DATE:2006 L J BOND#6419287 CONTRACTOR: FINAL CONTRACT PRICE: $135,016 S. PARKER ENGINEERING, INC. In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) FIRST NATIONAL INSURANCE COMPANY OF AMERICA 120 VANTIS,ALISO VIEJO,CA 92656 SURETY COMPANY, on bond Of(here Insert name and address of Contractor) S. PARKER ENGINEERING, INC. 2783 TERN CIRCLE CONTRACTOR, COSTA MESA, CA 92626-4700 hereby approves of the final payment'to the'Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to(here insert name and address or Owner) CITY OF HUNTINGTON BEACH 2000 MAIN STREET, P.O.BOX 190 OWNERS, HUNTINGTON BEACH,CA 92648 as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 3RD day of JANUARY,2007 FIRST NATIONAL INSURANCE COMPANY OF AMERICA Surety Company Signature of Authorized Representative Attest: (Seal): DWIGHT REILLY,ATTORNEY-IN-FACT Title NOTE: This form is to be used as a companion document to ALA DOCUMENT G706,CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS,Current Edition AIA DOCUMENT G707•CONSENT OF SURETY COMPANY TO FINAL PAYMENT•APRIL 1970 EDITION•AIA® ONE PAGE 01970•THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVE..NW,WASHINGTON,D.C.20006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California ss. County of ORANGE On January 3rd,2006 , before me, ALLISON RITTO, NOTARY PUBLIC Dale Name and Title of Officer(e.g.,"Jane Doe,Notary u li personally appeared DWIGHT REILLY Name(s)of Signer(s) I N personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persorrW whose named is/em subscribed to the within instrument and ALUSON RITTO acknowledged to me that heAahs#hs executed Commission#t 1537464 the same in his+erkherr authorized f NotM PubNc-CalHornia capacity{ieaj, and that by hisflmmrf*eir i Orange County signature*on the instrument the perso*),or My Comm.Evpkw Doc 23,2 the entity upon behalf of which the person W acted, executed the instrument. WITNESS m ha and offici I sea I Place Notary Seal Above � Si nature of Notary Public ALLISON RITTO OPTIONAL Though the information below is not required bylaw,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: Consent of Surety to Final Payment I Document Date: January 3rd,2006 Number of Pages: Signer(s)Other Than Named Above: NONE I Capacity(ies)Claimed by Signer Signer's Name: DWIGHT REILLY ❑ Individual . Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General N Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:FIRST NATIONAL INSURANCE COMPANY OF AMERICA S A F E C O' POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY PO BOX 34526 FIRST NATIONAL SURETY SEATTLE,WA 96124-1526 PO BOX 34526 SEA'ri-mi,WA 98124-1526 No. 9551 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint ««w+++++•«•rr+«+«r++rrrrrrrrr++++••r«+rr+rrrr+r+ll. J.DUECK;DWIGHT REILLY,Anaheim,California+*•r+r+rrrrrrrrrrrrr+«r+«r+rs+r+rrrrr««r«++«r•«• its true and lawful attomey(s)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this Ilth day of January 2005 G 4` CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA "Artide V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint Individuals as attomeys-in-fad or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be Impressed or affixed or in any other manner reproduced;provided,however, that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of FIRST NATIONAWNSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V.Section 13 of lhe'By-Laws,and (ii) A copy of the power-of-attomey appointment,executed pursuant thereto,and (III) Certifying that said power-of-attomey appointment Is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Christine Mead,Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney Issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full forc6 and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 3rd day of January 2006 S�RAMCECO Po SEAL s : rs 1928 ✓fie/��Iw1S��'�', • • CHRISTINE MEAD,SECRETARY S-1049/FNEF 7/98 QD A registered trademark of SAFECO Corporation 01/11/2005 PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA } COUNTY OF On Shin . �? Zoo 7 before me, �1101 oe /�G.� ��� Abiza1,al P41,b 11� DATE NAME,TITLE OF OFFICER-E.G..,-JANE DOE.N6TARY PUBLIC personally appeared, Te,Z P11 r leer personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the-instrument. WITNESS my hand and official seal. MICHELLE MCNEILL MM.#1614119 (SEAL) *COMM.~ NOTARY PUBLIC-CALIFORNIA 0 ORANGE COUNTY n NOTARY PUBLIC SIGNATURE � EXPIRES OCT.18,2009 OPTIONAL INFORMATION THIS OPTIONAL INFORMATIONSECTION IS NOT REQUIRED BYLAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNERS(S)OTHER THAN NAMED ABOVE SIGNER'S NAME SIGNER'S NAME RIGHT THUMBPRINT RIGHT T)RRIBPRINT Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder WHEN RECORDED MAIL TO: 11111111111111111111111111111111111111111111111111111111111111111111111 NO FEE CITY OF HUNTINGTON BEACH 2O06000863545 01:18pm 12/26/06 Attn: Jason J. Churchill 213 174 N12 1 P.O. Box 190-2000 Main Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 NOTICE OF COMPLETION I� 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 S. Parker Engineering, Inc. who was the company thereon for doing the following work to-wit: Construction of Curb Ramps @ Various Locations; MSC —435 That said work was completed November 13, 2006 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on December 19, 2006, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Contractors Bonding and Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this December 19, 2 6. Director of Public Works or City Engineer City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Orange County. Dated at Huntington Beach, California,this December 19, 200 / - Director of Public Works or City Engineer City of Huntington Beach, California � �� �y. ! ' is _�" .,' 7 1 7 2006 JUL -5 Fli 5: 31 i Council/Agency Meeting Held: Deferred/Continued to: Approved U Conditionally Approved LJ Denied City rks ig' W, natuff -OW ep Council Meeting Date: 7/17/2006 Department( Number: PW 06-045 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: P�-_ir��IELOPL:VCULBRETH--GNRZ(6AF P, CILY-4�"ITRATOR, PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR OF P BLIC WORKS STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC DEVELOPMENT SUBJECT: Award Contract for Construction of Curb Ramps, MSC-435 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(!s ) I Statement of Issue: Bids have been received for the construction of curb ramps at various locations, MSC-435. S. Parker Engineering, Inc. submitted the lowest responsible bid. Staff is requesting authorization to award the contract to S. Parker Engineering, Inc. and proceed with the project. Funding Source: Funds in the total amount of $110,000 have been designated for this purpose from Community Development Block Grant (CDBG) FY 2005/06 Citywide ADA Ramps, Account No. 86890002.82300. Funds of up to $28,000 from General Fund, Street Maintenance Account No. 10085412.64620 are available for contingency and supplemental expenses. The engineer's cost estimate for this project is $101,500. Recommended Action: Motion to: 1. Approve the project specifications; 2. Accept the lowest responsive and responsible bid submitted by S. Parker Engineering, Inc. in the amount of$126,200 for MSC 435; and 3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Do not authorize award of this contract and direct staff to proceed differently. Alternative action may result in the loss of CDBG funding for this project. • 0 REQUEST FOR ACTION MEETING DATE: 7/17/2006 DEPARTMENT ID NUMBER:PW 06-045 Analysis: On July 18, 2005, the City Council authorized the expenditure of Community Development Block Grant funds for the construction of curb ramps at various locations throughout the City. The project will consist of the installation of curb ramps at 50 locations in the CDBG area, requested by residents as shown on Attachment 1. The difference between the estimate and the actual bid amounts can be attributed to the continuing escalation in concrete prices. Bids were opened publicly on May 30, 2006, and are listed in ascending order: Bidding 1. S. Parker Engineering, Inc. $126,200.00 2. Nobest, Inc. $170,250.00 3. D.G. Yeager Construction Co. $179,788.20 4. CJ Concrete Construction, Inc. $583,875.00 Staff has performed a reference check on S. Parker Engineering and received acceptable responses from past clients. The City has also had positive experience with this contractor's past performance. Public Works Commission Action: The Public Works Commission reviewed and recommended approval of this project on March 15, 2006 by a vote of 6-0-1 (Spencer absent). Environmental Status: This project has been determined to be Categorically Exempt. Attachment(s): NumberCity Clerk's Page . Description 1. List of Curb Ramp Locations G:\R C A\2006\06-045 July 17 Churchill (Award MSC-435).doc-2- 6/29/2006 9:44 AM ATTACHMENT # 1 0 • Curb Ramp Locations MSC-435 Request Reporting Number Date District Street Cross Corner 1 3 9/14/1995 485 Islander Christine N/W 2 3 9/14/1995 485 Islander Christine N/E 3 3 9/14/1995 485 Capistrano Banning S/W a 3 9/14/1995 485 Malibu Banning S/W 5 3 9/14/1995 485 Malibu Banning S/E 6 10 9/23/1996 425 Garfield Randi S/W 7 10 9/23/1996 425 Garfield Pauline S/W a 10 9/23/1996 426 Garfield Bluefin S/W 9 10 9/23/1996 426 Garfield Bluefin S/E 10 10 9/23/1996 426 Garfield Brookfield Manor S/W 11 11 1/24/1997 339 Goldenwest Deep Harbor N/E 12 11 1/24/1997 339 Goldenwest Deep Harbor S/E 13 14 4/23/1997 463 Atlanta Lochlea S/W 14 14 4/23/1997 463 Atlanta Lochlea S/E 15 16 7/31/1997 475 Magnolia Burmuda N/E 16 16 7/31/1997 475 Ma nolia Burmuda S/E 17 19 12/31/1997 446 Indianapolis Bushard N/E 18 19 12/31/1997 455 Indianapolis Bushard S/W 19 19 12/31/1997 456 Indianapolis Bushard S/E 20 20 9/15/1998 465 Bushard Hamilton N/W 21 20 9/15/1998 475 Bushard Hamilton S/W 22 25 10/5/1999 485 Banninq Susan S/W 23 25 10/5/1999 485 Banning Susan S/E 24 31 8/9/2000 475 Rhodesia Kaneohe N/W 25 31 8/9/2000 475 Rhodesia Kaneohe S/W 26 32 11/28/2000 329 Beacon Hill Summit S/W 27 32 11/28/2000 329 Beacon Hill Summit N/W 28 32 11/28/2000 329 Beacon Hill Summit N/E 29 32 11/28/2000 329 Beacon Hill Lawn Haven N/E 30 - 41 3/5/2002 446 Yellowstone Carlsbad S/W 31 41 3/5/2002 446 Yellowstone Carlsbad S/E 32 47 7/17/2002 452 Delaware Shorecliff MH Prk N/W 33 47 7/17/2002 452 Delaware Shorecliff MH Prk S/W 34 53 3/24/2003 465 Waterfront Bushard S/W 35 53 3/24/2003 465 Waterfront Bushard S/E 36 53 3/24/2003 465 Waterfront Bushard N/W 37 53 3/24/2003 466 Waterfront Bushard N/E 38 57 10/1/20031 4751 Banning Malibu North 39 58 10/3/20031 2631 Newland JArnett N/W Page 1 of 2 Curb Ramp Locations MSC-435 NumberRequest Reporting Date District Street Cross Corner 40 58 10/3/2003 263 Newland Arnett S/W 41 58 10/3/2003 263 Arnett Irby NM 42 58 10/3/2003 263 Arnett Irby N/E 43 59 11/6/2003 463 Surfwood Wildwood N/E 44 59 11/6/2003 463 Surfwood Wildwood S/E 45 59 11/6/2003 463 Surfwood Whitestone N/W 46 59 11/6/2003 463 Surfwood Whitestone S/W 47 59 11/6/2003 463 Surfwood Pennington N/E 48 59 11/6/2003 463 Surfwood Pennington S/E 49 59 11/6/2003 463 Surfwood Pennington N/W 50 59 11/6/2003 463 Surfwood IlPennington S/W Page 2 of 2 • 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Public works SUBJECT: Award Contract for Construction of Curb Ramps, MSC-435 COUNCIL MEETING DATE: July 17, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the City Attorney) Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attorne ) Certificates of Insurance (Approved b the City Attorne Attached ❑ ( Pp Y Y Y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable Attached ❑ Bonds (If applicable) Not Applicable Attached ❑ Staff Report (If applicable) Not Applicable Attached ❑ Commission, Board or Committee Report (If applicable) Not Applicable Attached ❑ Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( z ) Assistant City Administrator Initial City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: J. Churchill/D.Jubinsky PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. The AGENCY will de- SECTION A duct a 10% retention from all progress pay- COUNTY OF ORANGE ) NOTICE INVITING ments. The Contractor SEAU?DBIDS for the may substitute an es- crow holder surety of CONSTRUCTION OF CURB equal value to the reten- I am a Citizen of the United States and a RAMPS@vawous then in accordance with the provisions of the! resident of the County aforesaid, I am LOCATIONS_ California Government Code, Section 4590. The over the age of eighteen years, and not a MAINTENANCE SERVICE Contractor snail he beneficial owner of the CONTRACT#435 surety and shall receive party to or interested in the below entitled in the CITY OF HUN7ING70N any interest thereon. The AGENCY hereby matter. I am a principal clerk of the BEACH affirmatively ensures PUBIC NOTICE that minority, business HUNTINGTON BEACH INDEPENDENT HEREBY GIVEN that the enterprises will be af- CITY OF HUNTINGTON forded full opportunity BEACH,-as AGENCY, in- to submit bids in re- a newspaper of general circulation, vites sealed bids for the sponse to this notice above stated projects and will not be dis- printed and published in the City of and will receive such criminated against on bids in the office of the the basis of race, color, Huntington Beach, County of Orange, City Clerk,Second Floor, national origin, ances- State of California and that attached 2000 Main Street, Hun- try, sex, or religion in tington Beach, Californiaur '�a y tn theraalwardeaof 92648, up to the ho of go 2:00 P.M. on May 30, contract. Notice Is a true and complete copy as 2006. Bids will be puff No bid shall be consid- licly"open in the Council ered unless it is pre- was printed and published in the Chambers unless other- Pared on the approved wise posted. Proposal forms in con- Huntington Beach Issue of said Copies of the Plans, formance with the newspaper to wit the Issue(s) of. Specifications, and con- 'Instructions a Bidders. tract documents are The bid must be accom- available from the Office panied by a certified of the Director of Public check, cashier's check, Works, 2000 Main or bidder's bond made Street, Huntington payable to the AGENCY Beach, CA 92648, upon for an amount no less payment of a $25.00 than 10% of,the amount nonrefundable fee if bid. The successful bid picked up, or payment der shall be licensed in MAY 11, 1,8,25j,20.06 of a $45.00 nonrefun- accordance with provi- dable fee if mailed via sions of the Business U.S. Postal Service, and Professions Code FedEx, UPS or any other and shall possess a delivery service. State Contractor's Li- Any contract entered tense Class at the time into pursuant to this of the bid opening. The notice will incorporate successful Contractor the provisions of the and his subcontractors State Labor Code. Pur- will,Wrequired to pos- I declare, under penalty of perjury, that suant the provisions secs the licenses � L of the Labor Code of the from the AGENCY. State of California, the The AGENCY reserves the foregoing is true and correct. minimum prevailing rate the right to reject any of per diem wages for or all bids, to waive any each craft, classification irregularity and to take or type of workman all bids under advise- needed to execute the merit for a maximum Executed on MAY 25,2006 contract shall be those I period of 60 days._ determined by the Direc- tor Costa Mesa, California. for of Industrial Rela- The engineer's esti- tions of the State of mate for this project is California, which are on $101,500. file at the Office of the BY ORDER of the CITY Director of Public COUNCIL of the CITY OF Works, 2000 Main HUNTINGTON BEACH, - t/��� �� Street, Huntington CALIFORNIA, the 12th Beach,CA 92648. day of September 2005, Signature This is a Davis-Bacon by Resolution No. 2005- project and the Federal 64 Regulations will be en- Published Huntington forced. Any contract en- Beach Independent May tered into pursuant to 11118,25,2006-052-247 this notice will incor- porate the provisions of the Federal Labor Stan- dards, which are-on file at the office of the Di- rector of Public Works, - 2000 Main Street, Hun- tington Beach, CA 92648. PROOF OF PUBLICATION STATE OF CALIFORNIA) The AGENCY will de- SECTION A duct a 10% retention ) ss. NOTICEINVMNG from all progress pay- ments, The Contractor COUNTY OF ORANGE SEAIfD BIDS for the may substitute an es- CONSTRUCTION OF CURB crow holder surety of equal value to the reten- RAMPS @ VARIOUS tion in accordance with LOCATIONS the provisions of the. I am a Citizen of the United States and a Code, Section Government Code, Section 4590. The Contractor shall be resident of the County aforesaid; I am MAINTENANCE SERVICE beneficial owner of the over the age of eighteen years, and not a CONTRACT#435 surety and shall receive any interest thereon. in the CITY OF HUNTINGTON The AGENCY hereby party to or interested in the below entitled BEACH affirmatively ensures PUBLIC NOTICE •IS' that minority business matter. I am a principal clerk of the HEREBY GIVEN that the enterprises will be af- CITY OF HUNTINGTON forded full opportunity HUNTINGTON BEACH INDEPENDENT BEACH, as AGENCY, in- to submit bids in re- vites sealed bids for the spouse to this notice above stated projects and will not be dis a newspaper of general circulation criminated against on and will receive such the basis of race,'color, �+ bids in the office of the national origin, ances- printed and published In the City Of City Clerk,Second Floor, try, sex, or religion in 2000 Main Street, Hun- any consideration lead- Huntington Beach County of Orange, tington Beach,California ing to the award of 92648, up to the hour of contract. State of California and that attached 2'00 P.M. on May 30, No bid shall be consid- 2006. Bids will be pub- licly open in the Council ered unless it is pre- Notice Is a true and complete copy as Chambers unless other- pared on the approved inise posted. Proposal forms w con- was printed and published in the Copies of the Plans, formance with the Huntington Beach issue of said Specifications, and con- Instructions to Bidders.mu '. tract documents are The bid must be accom- available from the Office k panied by a certified Director check, cashier's check, newspaper to wit the Issue of the Dire of Public s) of: Works, ctor Main or bidder's bond made Street, Huntington payable to the AGENCY Beach, CA 92648, upon for an amount no less payment of a $25.00 than,10% of the amount nonrefundable fee if bid. The successful bid- picked up, or payment der shall be licensed in of a $45.00 nonrefun- accordance with provi- dable fee if mailed via sions of the Business MAY 1 1 18,2 520f)b U.S. Postal Service, and shall possess a and Professions Code FedEx, UPS or any other Li- delivery service. State Contractor's i Any contract entered cense Class at the.timm e into pursuant to this of the bid opening. The notice will incorporate successful Contractor the provisions of the and his -subcontractors State Labor Code. Pur- will be required to pos- suant to the provisions ' sess business licenses of the Labor Code of the from the AGENCY. I declare under penalty of perjury, that State of California, the The AGENCY reserves f , the right to reject any minimum prevailing rate or all bids, to waive any of per diem wages for irregularity and to take . ' the foregoing is true and correct. each craft, classification all bids under advise- or type of workman r ximum a ma needed to execute the p ment period forof contract shall be those - Executed on determined by the Re la- MAY 25�2U06 for of Industrial Rela-' The engineer's "esti- tions of the State of mate for this project is at Costa Mesa California. California, which are $ , file at the Office of the he BY BY ORDER of the CITY Director of - Public COUNCIL of the CITY OF Works, 2000 Main HUNTINGTON BEACH, ' _ Street, Huntington CALIFORNIA, the 12th 47 Beach,CA 92648. day of September 2005, �� ( This is a Davis-Bacon by Resolution No. 2005- project and the Federal 64 Signature Regulations will be en- Published Huntington forced. Any contract en- Beach Independent May tered into pursuant to 11,18,25,2006 052-247 this notice will incor- porate the provisions of the Federal-Labor Stan dards, which are on file at the office of the Di- rector of Public Works, 2000 Main Street, Hun- tington Beach, CA - 92648. HW- SECTION A �°�'��' ' NOTICE INVITING SEALED BIDS for the CONSTRUCTION OF CURB RAMPS @ VARIOUS LOCATIONS MAINTENANCE SERVICE CONTRACT# 435 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on May 30, 2006. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a$45.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. This is a Davis-Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10%retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. 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. The engineer's estimate for this project is $ 101,500. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 12th day of September 2005, by Resolution No. 2005-64 • • SECTION A NOTICE INVITING SEALED BIDS for the CONSTRUCTION OF CURB RAMPS @ VARIOUS LOCATIONS MAINTENANCE SERVICE CONTRACT # 435 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on May 30, 2006. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $45.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. This is a Davis-Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10%retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. 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. The engineer's estimate for this project is $ 101,500. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 12th day of September 2005, by Resolution No. 2005-64 MOCITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 190 Huntington Beach , CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Joan Flynn Date: April 26, 2006 To: City Clerk's Office Project/C.C.No.: MSC 435 2000 Main Street Regarding: Construction of Curb Ramps(d Various Huntington Beach, CA 92648 Locations, MSC 435 ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ElShop drawings ElPrints ElPlans ❑ Samples ElSpecifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item# Copies Pages I Description 1 1 1 Notice Inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Please find attached the Notice Inviting Sealed Bids for advertisement on 5111, 5/18, and 5/25. The bid opening is scheduled for 5/30. Please contact me at extension 5042 with any questions you may have. c: file By: Jason Churchill, Street/Facility Supervisor DADOCumENTS AND SSPPINGs\Cxuxcxq\MY DOCUMENTS\GRANn AND CONTRACTS\CDB GRANT\06\MSC-435\NISB TRANsmrrAL TO CLERK 434moc MOUCITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 1 90 Huntington Beach , CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Joan Flynn Date: June 2, 2006 To: City Clerk's Office Project/C.C. No.: MSC 435 2000 Main Street Regarding: Construction of Curb Ramps(ED Various Huntington Beach, CA 92648 Locations ® We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ❑ We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Bid Proposals and Bid Bonds Item# Copies Pages I Description 1 1 17 S. Parker Engineering, Inc.-Original Bid Proposal 2 1 16 Nobest, Inc. -Ofi final Bid Proposal 3 1 21 D.G. Yeager Construction Co.-Original Bid Proposal 4 1 17 CJ Concrete Construction, Inc.-Original Bid Proposal 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Returning Bid Results Please contact me at extension 5042 with any questions you may have. c: file By: Jason Churchill, Street/Facility Supervisor DADOcum ENTs AND SETTINGS\crruRCH{I\MY DocumENTs\GRANTS AND CoNTRAcrs\CDB GRANT\06\MSC-435\TRANsmrrAL TO CLERK 435 BrD REsuLTS.DOC O f-- P BID DATE: v /0� TIME Engineer's Estimate: $ lD/ BID LIST B.IDBER'S-NAME RAA IK- TOTAL BID"QUY T C 4L ,"3-m �'z $ s. 2. r�� �. K f . 7, 7 of 6. $ 7. $ 8. $ 10. $ 11. $ 12. $ 13. $ 14. $ ,c $ 6),5 C - �1,3 CD 00 : tr j CAE : SOB 0 0 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND S. PARKER ENGINEERING, INC. FOR THE CONSTRUCTION OF CURB RAMPS AT VARIOUS LOCATIONS THIS AGREEMENT ("Agreement") made and entered into this 77k day of LL LV 2006, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and S. Parker Engineering, Inc., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the construction and installation of curb access ramps at various locations in the City of Huntington Beach; and The PROJECT to which the construction work covered by this Agreement pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Agreement pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low- Income Persons, Section 3 contract clauses, the work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; 06-428 CDBG Agreement I 9 0 NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 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 06-428 CDBG Agreement 2 0 • performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern 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); 06-428 CDBG Agreement 3 F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed One Hundred Twenty-Six Thousand and Two Hundred Dollars ($126,200.00), 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 06-428 CDBG Agreement 4 0 0 within Sixty (60) consecutive days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and 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, 06-428 CDBG Agreement 5 and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. 06-428 CDBG Agreement i • In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 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 06-428 CDBG Agreement 7 • 0 the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500.00) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of 06-428 CDBG Agreement 8 • 0 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 such conditions, an equitable 06-428 CDBG Agreement 9 0 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 Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be 06-428 CDBG Agreement 10 0 • 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. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 06-428 CDBG Agreement 1 1 0 0 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense 06-428 CDBG Agreement 12 i • and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in 06-428 CDBG Agreement 13 0 0 connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 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. 06-428 CDBG Agreement 14 • i The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such 06-428 CDBG Agreement 15 i 0 event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 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. 06-428 CDBG Agreement 16 0 0 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: 06-428 CDBG Agreement 17 TO CITY: TO CONTRACTOR: City of Huntington Beach S. Parker Engineering ATTN: Jason Churchill ATTN: Steve T. Parker 2000 Main Street 2783 Tern Circle Huntington Beach, CA 92648 Costa Mesa, CA 92626 —47 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. 06-428 CDBG Agreement 18 • • 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the 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. 06-428 CDBG Agreement 19 • • 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. COMPLIANCE WITH APPLICABLE REGULATIONS. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. 06-428 CDBG Agreement 20 • CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and Section 7(b) agree to 06-428 CDBG Agreement 21 • i comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). 39. MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each 06-428 CDBG Agreement 22 i • classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Agreement shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within 06-428 CDBG Agreement 23 0 • the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this Agreement from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the Agreement for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided that the Secretary of Labor has found, upon the written request of the CONTRACTOR, 06-428 CDBG Agreement 24 0 0 that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 40. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development ("HUD") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 41. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this Agreement or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of wages required by the Agreement. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or 06-428 CDBG Agreement 25 i 0 under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the Agreement, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 42. HEALTH AND SAFETY. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 06-428 CDBG Agreement 26 0 0 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 44. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 06-428 CDBG Agreement 27 i 0 Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless 06-428 CDBG Agreement 28 0 • the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 45. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 06-428 CDBG Agreement 29 • i 1(b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) The CONTRACTOR shall submit weekly for each week in which any Agreement work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Agreement, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Agreement and shall certify the following: 06-428 CDBG Agreement 30 • # That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(I) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Agreement during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Agreement. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, 06-428 CDBG Agreement 31 • s failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph(2) of this paragraph. 47. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in Section 44 of this Agreement and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Section 44. 48. FEDERAL PARTICIPATION. The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, 06-428 CDBG Agreement 32 0 0 rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 49. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 50. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this Agreement. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 51. CERTIFICATION OF ELIGIBILITY. By entering into this Agreement, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this Agreement shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 06-428 CDBG Agreement 33 • • 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of..influencing in any way the action of such Administration...makes, utters or publishes any statement, knowing the same to be false...shall be fined not more than $5,000 or imprisoned not more than two years, or both." 52. DISCRIMINATION, MINORITIES, ALIENS. CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 53. EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. 06-428 CDBG Agreement 34 • • Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment(1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the City with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 54. COPELAND "ANTI-KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work 06-428 CDBG Agreement 35 0 0 in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty(40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. As used in this section, the terms "laborers" and "mechanics" include watchmen and guards. 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities,pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, 06-428 CDBG Agreement 36 0 0 indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 57. ENERGY CONSERVATION. Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et seq.). 58. HOUSING AND URBAN DEVELOPMENT. CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 59. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Agreement clauses in 29 CFR Part 5.5. 06-428 CDBG Agreement 37 i 0 60. CONTRACT TERMINATION; DEBARMENT. A breach of the Agreement clauses in 29 CFR 5.5 may be grounds for termination of the Agreement, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 61. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME REQUIREMENTS. A. No CONTRACTOR or subcontractor contracting for any part of the Agreement work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. 06-428 CDBG Agreement 38 6 0 B. Violation; Liability for Unpaid Wages-, Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (A) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (A) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 63. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's 06-428 CDBG Agreement 39 0 0 behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California S. PARKER ENGINEERING, INC., a corporation of the state of California Mayor By: ATTEST: Steve T. Parker CIALM -=gqgP3W1MM' (-,.Off�F- % 1/. print name vy Clerk ITS: (circle one) Chairma resi ice President AND APPROVED AS TO FORM: By. City A orney Linda M. Parker 6� (30ld ITS: (circle on Secretary hief Financial Officer/Asst. TED D APPROVED: Secretary-Treas r l� REVIEWED AND APPROVED: Director of Public Works w Cl- Vity Administrator 06-428 CDBG Agreement 40 • •n�r�rT SECTION C PROPOSAL for the CONSTRUCTION OF CURB RAMPS *VARIOUS LOCATIONS MAINTENANCE SERVICE CONTRACT# 435 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 60 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. i i C-1 18. Addenda • The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. 19. Bid Protest To be considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening. (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY. 20. Questions to the Engineer Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received by the Engineer up to five working days prior to the bid opening as specified in SECTION A. Questions asked of the Engineer after this time will not be addressed. I I I I I I I 1 I I 1 1 D r 1 1 ► ► B-5 I MSC�435 Project Bid Schedule t iT nn n�PRox�MATE x .,NO. QYIANI<ITY 11�EM WITH1T U1 PRICES�NR# '�E11`INORDS„ L1N1� CE4� REMOVE/DISPOSE OF P.C.C. SIDEWALK(CURB RAMPS 12,500 1 1 AT �C.?J6 f-Uff44 - PER SF 2• '• ZS�o. i REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS 2,500 INC L. ' 2 AT / a PER LF 2• SGYA, REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) 3 1,350 AT L;644902-S PER LF 2, 2700 . CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT) ' 4 50 AT t) F 'ec� PER TON `,570- � 7J'ZTO• r- CONSTRUCT WHEEL CHAIR RAMP per Standard Plan RSP 50 A88A 5 AT PER EA. PREPARE PRE-CONSTRUCTION CORNER RECORD AND 16 FILE WITH APPROPRIATE AGENCIES 6 AT Fij,15 h"4dI9,#,t7 J'�blt4�f"S PER EA. ITI", � r PREPARE POST-CONSTRUCTION CORNER RECORD AND 16 FILE WITH APPROPRIATE AGENCIES �^ 7 AT FV0 k-,w-CTpAeZ> (;J)(&fktS PER EA. Total Amount Bid in Figures: $ Total Amount Bid in Words: C-2s If awarded the Contract, Andersigned agrees that in the event We 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 l0X 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 t Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: 1 Addenda No. -Date Received Bidder's Signature f E I I I t C-2 I LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class , o Work Number 6$7 I 1 1 1 I I I I 1 1 d i I I I By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 1 ANCOLLUSION AFFIDAVIT • TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Steve T. Parker , being first duly sworn, deposes and says that he or she is President of S. Parker Engineering,Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. S. Parker Engineering, Inc., Steve T. Parker Name of Bidder Signature of Bidder Steve T. Parker 2783 Tern Circle Costa Mesa, CA. 92626 Address of Bidder Subscribed and sworn to before me this 15 day of MaY 12006 U eudei MICHELLE MCNEILL COMM.#1614119 ri ® `� NOTARY PUBLIC-CALIFORNIA j 2 ORANGE COUNTY 0 NOTARY PUBLIC COMM.EXPIRES OCT.18,zoos cbelle McNEill NOTARY SEAL C-4 I UTILITY AGREEMENT I I HONORABLE MAYOR AND CITY COUNCIL I CITY OF HUNTINGTON BEACH, CALIFORNIA 1 I Gentlemen: I The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CONSTRUCTION OF CURB RAMPS @ VARIOUS LOCATIONS 1 MAINTENANCE SERVICE CONTRACT # 435 (I)(we)(it) will employ and utilize only I 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 1 Administrative Code, Section 2700, as follows: 1 "Qualified Person: A person who, by reason of experience or instruction, is familiar with the 1 operation to be performed and the hazards involved." 1 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. 1 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. I 1 S. Parker Engineering, Inc. 1 Contractor I i By Steve T. Parker I President 1 Title 1 I 1 Date: May 15, 2006 1 1 1 C-5 DISQIWIFICATION QUESTIONNAW In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes [blo 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 I 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. S. Parker Engineering,Inc. Contractor 00, By Steve T. arker President Title Date: May 15, 2006 C-7 I UARGROUND SERVICE ALE* IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: S. Parker Engineering,Inc. Contractor By Steve T. Parker President Title Date: May 15,2006 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 I BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: S.Parker Engienering,Inc. Bidder Name 2783 Tern CIrcle Business Address Costa MEsa, CA. 92626 City, State Zip ( 714 � 241-0560 Telephone Number 739476 Class: A, B State Contractor's License No. and Class 8-19-1997 Original Date Issued 8-31-2007 Expiration Date The work site was inspected by Steve T. Parker of our office on May 8, 2006 20— The following are persons, firms, and corporations having a principal interest in this proposal: S. Parker Engineering, Inc. - Corporation Steve T. Parker - President Linda M.Parker - Secretary/Treasurer C-9 I The undersigned is prepared o satisfy the Council of the City of Hun'Ington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. S. Parker Engienering,Inc. Company Name 1 Signature of Bidder Steve T. Parker Printed or Typed Signature Subscribed and sworn to before me this 15 day of May , 16. U 4 MICHELLE MCNEILL Comm.#1614119 (� +• NOTARY PUBLIC.CALIFORNIA n ORANGE COUNTY 09 NOTARY PUBLIC COMM.EXPIRES OCT.18, — Michelle McNeill 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 PLEASE SEE ATTACH 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-10 I BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low-Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager(initial the applicable selections): X Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or X Will hire no new employees in conjunction with this project. Will award 10% of its sub-contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub-contracts related to this project. Contractor: S. Parker Engineering, Inc. Contact Person: Steve T. Parker Contact Phone: (714) 241-0560 Signed.- Date: May 15, 2006 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub-contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 I [ FIRSTNATMAL 4333 Brooklyn Avenue N.E. Seattle,WA 98105 BID BOND Conforms with The American institute of Architects,A.I.A.Document No.A-310 KNOW ALL BY THESE PRESENTS,That we, S.PARKER ENGINEERING, INC. as Principal,hcrcinaftcr callcd the Principal, and the FIRST NATIONAL INSURANCE COMPANY OF AMERICA of 120 VANTIS, ALISO VIEJO, CA 92656 a corporation duly organized under the laws of the State of Washington ,as Surety,hereinafter called the Surety,are held and firmly bound unto CITY OF HUNTIN -.TON REACH as Obligee,hereinafter called the Obligee, in the sum of TEN PERCENT OF THE TOTAL AMOUNT BID**************************************** ***************** Dollars(S 10%----------------------- ) ,for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for CURB RAMPS @ VARIOUS LOCATIONS-MAINTENANCE SERVICE CONTRACT#435 NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and scaled this 10TH day of MAY 2006 S.PARKER ENGINEERING (Seal) Principal Witness Title FIRST NATIONAL INgURANCE COMPANY OF AMERICA Witness { By W IGHT REILLY Attorney-in-Fact S-0054/FNEF 7/98 0 Registered trademark of SAFECO Corporation. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California ss. County of ORANGE On MAY 10TH. 2006 before me, ALLISON RITTO, NOTARY PUBLIC Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared DWIGHT REILLY Name(s)of Signer(s) KI personally known to me El proved to me on the basis of satisfactory evidence to be the personfs) whose name-H is,+efe subscribed to the within instrument and 14Pqu RMO acknowledged to me that hetft/tray executed Commission o 1537464 the same in hisf4�e M7e+r authorized }� ,t�Notary Put*c-CaHfomlo capacityt", and that by his/hef/ti9eir Orange County signaturefoon the instrument the perso*),or MVC0MM.ExVMD9c23,=4 the entity upon behalf of which the persort{e) i acted, executed the instrument. WITNESS nd and al se 1. i i Place Notary Seal Above Signature of Notary Public ALLISON RITTO OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ) I Description of Attached Document Title or Type of Document: BID BOND Document Date: MAY 1 OTH, 2006 Number of Pages: 1 Signer(s)Other Than Named Above: NONE ( I Capacity(ies)Claimed by Signer Signer's Name: DWIGHT REILLY ❑ Individual Top of thumb here I ❑ Corporate Officer—Title(s): ) ❑ Partner—❑ Limited ❑General X Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 71 Other: ) Signer Is Representing: FIRST NATIONAL INSURANCE COMPANY OF AMERICA S A F E C Cr POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY PO BOX 3452e FIRST NATIONAL SURETY SEATTLE,WA 98124-1526 PO BOX 34526 SEA'ITLP,WA 98124-1526 No. 9551 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint rrrtrwrrrrrrr•rrrrrrrrrrrrrrrrrrrrr•rrrrrrr»rr•11. J_DUECK.DWIGHT REILLY,Anaheim,Calilorniar++rr+rrrr•rrrr••rrrrrrrr••rrrrrrrrrrrrrrrrarrr its true and lawful aftomey(s)-in-fad,with full authority to execute on behalf of the company fidelity and surety fonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this I lth day of January 2005 4�_ P, ZP CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as aftomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any Instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however, that the seal shall not be necessary to the validity of any such instrument or undertaking-" Extract from a Resolution of the Board of Directors of FIRST NATIONAL-INSURANCE COMPANY OF AMERICA adopted July 28,1970- "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V.Section 13 of the By-Laws,and (6) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Christine Mead,Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this LOTH day of MAY 2006 `�SuakMCf CO e y SEAL � 1928 .•! ' • • CHRISTINE MEAD,SECRETARY S-10491FNEF 7198 ®A registered trademark of SAfECO Corporation 01/1 112 00 5 PDF t • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF 2r-R#P ) On NI 4., /D. L d0 a, before me,loll 11 DATE nn NAME,TITLE OF OFFICER-E.G..,"JANE DOE, OTARY PUBLIC personally appeared, PI�� �a Pal—ke.—, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. WITNESS my hand and official seal. d.: MICHELLE MCNEILL z (SEAL) U COMM.# 1614119 NOTARY PUBLIC SIGNATURE 0 NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY 1. COMM.EXPIRES OCT.18,2009 OPTIONAL INFORMATION. THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENT. 'TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNERS(S)OTHER THAN NAMED ABOVE SIGNER'S NAME \ SIGNER'S NAME RIGHT THUMBPRINT RIGHT THUMBPRINT t i S. PARKER ENGINEERING, INC. 2783 Tern Circle Costa Mesa, CA. 92626 TEL#(714) 241-0560 FAX # (714) 241-0665 LIC # 739476 Class: A,B RECENT PROJECTS AND REFERENCES Owner/ Project Name Contact/ Phone # City of Westminster Jeff Howell - Supervisor 8200 Westminster Blvd. (714) 895-2876 Westminster, CA. 92683 (714) 373-5328 Fax # Feb. 2005 - Feb. 2006 Concrete and Related Street Repairs @ Various Location Project No. 55036-001007 - 5th year annual renewal Contract Total: $592,959.87 R. Moody Construction, Inc. Ronnie Moody - President 39821 Lincoln Street (951) 769-3752 Cherry Valley, CA. 92223 (951) 769-3712 Fax# June 2004 - October 2005 - Elm Street Sewer Main Contract Total: $1,086,342.04 Work was done for the City of Beaumont Newport-Mesa Unified School District Norm Chapman - Inspector 2985 E. Bear Street (714) 424-5081 Costa Mesa, CA. 92626 (714) 424-7503 fax # Project Name: Excavation, Curbs, and Drywells for Playground Structures Project No. #110-04 April 2004 - March 2005 Contract Total: $249,663.50 Owner/ Project Name Contact/ Phone # City of Costa Mesa Mike Stevens - Field Inspector 77 Fair Drive Tom Banks - Engineering Costa Mesa, CA. 92626 (714) 754-5324 Project Name: Parkway Concrete Repair, and New Sidewalk Construction Project No. # 04-16 Sept. 2004 - June 2005 Contract Total: $122,242.53 City of Westminster Jeff Howell - Supervisor 8200 Westminster Blvd. (714) 895-2876 Westminster, CA. 92683 (714) 373-5328 Fax # Feb. 2004 - Feb. 2005 Concrete and Related Street Repairs @ Various Location Project No. 55036-001007 - 5" year annual renewal Contract Total: $783,977.07 City of Mission Viejo Herb Smith - Field Inspector 27204 E. La Paz Road (949) 470-3052 Mission Viejo, CA. 92692 fax # (949) 581-0983 June 2004 - August 2004 Olympiad Contruction Contract Total: $52,881.85 City of Costa Mesa Mike Stevens - Field Inspector 77 Fair Drive Tom Banks - Engineering Costa Mesa, CA. 92626 (714) 754-5324 Feb. 2003 - Jan. 2004 Parkway Concrete Repair and New Sidewalk Project Project No. 02-17 Contract Total: $ 535,191.05 Owner / Proiect Name Contact/ Phone # City of Mission Viejo Herb Smith - Field Inspector 27204 E. La Paz Road (949) 470-3052 Mission Viejo, CA. 92692 fax # (949) 581-0983 Jan. 2003 - Oct. 2003 Annual Maintenance Program Removal and Replacement of PCC Curb, Gutter, Drive Approaches, and Cross Gutters Project No. A01-48 Contract Total: $137,464.48 City of Westminster Gary Jornell - Field Inspector 8200 Westminster Blvd. Jeff Howell - Supervisor Westminster, CA. 92683 (714) 895-2876 Feb.2002 - Feb. 2003 Concrete Related Street Repairs Project, Phase III Contract Total: $ 544,806.69 Ontario-Montclair School District Joseph O'Shia - Director of Purchasing 950 West "D" Street Sandra Escamellia - Contract Admin. Ontario, CA. 91762 Rudolp Perez - Inspector of Record phone #(909) 459-2500 ext. 4472 fax # (909) 459-2555 Jan. 2001 - Feb. 2003 Unit Price Concrete Removal and Replacement Phase III Project No. M-012-01-Ml Contract Total: $596,192.81 Town of Apple Valley Jennifer Clarke 13467 Navajo Road Rusty Reed Apple Valley, CA. 92308 (760) 240-7350 (760) 240-7399 fax # 2002 - 2003 Mountain Vista Park Improvements Contract Total: $261,406.00 Change Order: $ 13,852.20 Contract Total: $275,258.20 Owner / Proiect Name Contact/ Phone # Ontario - Montclair School District Rudy Perez - Inspector 950 West "D" Street Joseph O'Shia - Ontario, CA. 91762 Director of Purchasing Craig Misso - Operations Administrator (909) 459-2500 2001 - 2002 Unit Price Concrete Removal and Replacement Agreement No. M-012-01 Contract Total: $ 591,177.35 City of Costa Mesa Mike Stevens - Inspector 77 Fair Drive Tom Banks Costa Mesa, CA. 92626 Bart Mejia (714) 754-5324 2001-2002 - Canyon Community Park Flood Protection and Parkway Concrete Repair and New Sidewalk Improvements Project No. 01-07 Original Contract: $ 378,875.00 Change Order: $ 36,327.65 Total Contract $ 415,202.65 Irvine Unified School District Spencer Jordan - Inspector 14600 Sand Canyon Drive Llloyd Linton - Director Irvine, CA. 92618 (949) 936-5307 (949) 936-5329 fax # 2001-2002 - Northwood High School Project No. A-04-102513 Original Contract: $ 187,000.00 Change Order: $ 900.00 Total Contract: $ 187,900.0 • i Owner/ Project Name Contact/ Phone # City of Laguna Niguel Nick Renn 27801 La Paz Road (949)362-4300 Laguna Niguel, CA. 92677 2001 - Bocce Vall Court @ Marina Hills Park Original Contract: $54,401.04 Change Order: $ 3,853.00 Total Contract: $58,254.04 City of Laguna Niguel Nick Renn 27801 La Paz Road (949)362-4300 Laguna Niguel, CA. 92677 2001 - Clubhouse Drive Drainage Improvements Project No. 01-02 Contract Amount: $32,430.06 M.E.I Electric Pat Mackenzie 7933 Palm Avenue (909)862-9906 Highland, CA. 92346 2000 - 2001 - Youth Athletic Park in Mission Viejo Owner - City of Mission Viejo 25909 Pala, Ste# 200 Mission Viejo, CA. 92691 Contact: Wayne Mackey - Project Inspector (949) 470-3000 Original Contract with M.E.I. $257,643.48 City of Costa Mesa Bart Mejia 77 Fair Drive Contract Administrator Costa Mesa, CA. 92626 (714) 754-5291 2000-2001 - Parkway Concrete Repairs and New Sidewalk Project No. 00-10 Original Contract: $404,455.00 Change Orders: $ 39,777.09 Contract Total $444,232.09 Owner/ Proiect Name Contact/ Phone # City of Westminster Chris Johansen 8200 Westminster Blvd. Project Inspector Westminster, CA. 92683 (714) 895-2876 ext. 6236 2000 - Concrete Related Street Repairs @ Various Locations Project No. 55036-001007 Phase I Contract Amount: $595,013.41 City of Lakewood June Anderson 5050 N. Clark Avenue Project Manager Lakewood, CA. 90714 (562)866-9771 2000 - Game Court Replacement Project Project No. 99-04 Original Contract: $441,640.00 Change Order: $ 44,452.92 Total Contract: $486,092.92 City of Costa Mesa Mike Stevens 77 Fair Drive Project Inspector Costa Mesa, CA. 92626 (714)754-5028 2000 - City Wide Annual "ADA" Improvements Project No. 99-13 Original Contract: $74,900.00 Change Order: $ 4,997.00 Total Contract: $79,897.00 City of Huntington Beach Eric Charlonne 2000 Main Street Contract Administrator Huntington Beach, CA. 92648 (714)536-5430 1999 - Heil and Saybrook Project No. CC-1099 Contract Amount: $55,965.00 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) B CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: S idenrich, City Treasurer FROM: rr DATE: �� b SUBJECT: Bond Acceptance I have received the bonds for _ (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved Agenda Item No. �— {C uncil pprova Date) City Clerk Vault No. r , #27 g1followup/hondletter doc • 0 • 443333 Brooklyn Avenue N.E. Seatde,WA9i105 Bond No. 6419287 PREMIUM:$1,760 PERFORMANCE BOND PREMWIA IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT Conforms with The American institute of Architects BASED ON FINAL CONTRACT PRICE A.I.A. document No. A-311 KNOW ALL BY THESE PRESENTS: that S.PARKER ENGINEERING,INC. 2783 TERN CIRCLE,COSTA MESA,CA 92626 as Principal, hereinafter called Contractor, and, FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a there insert full name and address or legal title of Sureto 120 VANTIS,ALISO VIEJO,CA 92656 corporation duly organized under the laws of the State of Washington as Surety, hereinafter called Surety. are held and firmly bound unto THE CITY OF HUNTINGTON BEACH 2000 MAIN STREET P.O.BOX 190 HUNTINGTON BEACH,CA 92648 as Obligee, hereinafter called Owner, in the amount Of ONE HUNDRED TWENTY SIX THOUSAND,TWO HUNDRED DOLLARS AND NO CENTS--------- Dollars ($126,200.00--__—____—__). 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 CONSTRUCTION OF CURB RAMPS AT VARIOUS LOCATIONS;MSC-435 APP VED A TO F lAttomey in accordance with Drawin s and S cifications re ared b g Pe P P Y JE FE MCGRATH, DEPARTMENT OF PUBLIC WORKS which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. S-3212/EP 11/05 Page 1 of 2 j PERFORMANCE BOND NOW.THEREFORE.THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract,then this obligation shall be null and void:otherwise It shall remain in full force and effect. THE WORK SHALL BE GUARANTEED FOR A PERIOD OF ONE(1)YEAR AFTER THE crrTS ACCEPTANCE THEREOF. The Surely hereby waives notice of any alteration or contracts of completion arranged under this paragraph) extension of time made by the Owner. sufficient funds to pay the cost of completion less the balance of the contract price: but not exceeding. Including Whenever Contractor shall be,and declared by Owner other costs and damages for which the Surety may be liable to be in default under the Contract, the Owner having hereunder. the amount set forth in the first paragraph performed Owner's obligations thereunder. the Surety may hereof. The term "balance of the contract price,"as used In promptly remedy the default,or shall promptly this paragraph. shall mean the total amount payable by Owner to Contractor under the Contract and any 1) Complete the Contract in accordance with Its terms and amendments thereto, less the amount properly paid by conditions.or Owner to Contractor. 2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be Instituted before the accordance with its terms and conditions, and upon expiration of two (2) years from the date on which final determination by Surety of the lowest responsible bidder.or, payment under the Contract fallsdue. if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange No right of action shall accrue on this bond to or for the for a contract between such bidder and Owner, and make use of any person or corporation other than the Owner available as Work progresses(even though there should be a named herein or the heirs. executors, administrators or default or a succession of defaults under the contract or successors of the Owner. Signed and sealed this 11TH day Of AUGUST,2006. S.PARKER ENGINEERING, INC. Princlpal) (Seal Witness Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA (Surety 1 Witness DWIGHT REILLY Title ATTORNEY-IN-FACT S-3212/EP 11/95 Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Ss. County of ORANGE On AUGUST 11TH,2006 , before me, ALLISON RITTO,NOTARY PUBLIC Date Name and Tide of Officer(e.g "Jane Doe,Notary Publ' personally appeared DWIGHT REILLY Neme(s)of Signer(,) In personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persona) whose name(e) isMm subscribed to the within instrument and acknowledged to me that heAshe&my executed ALLISON RITTO the same in hisfheMheir authorized , Commiulon#1537464 capacityfieej, and that by hisfherAheir -�� Notw Public"CaMomia signature( }on the instrument the person(&),or OrangeesADec 4 MyCornrt'.Expk3 2 the entity upon behalf of which the persor>W acted, executed the instrument. WITNESS m han and officialLseal Place Notary Seal Above Signature of Notary Pudic ALLISON RITTO OPTIONAL Though the information below is not required bylaw,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 PERFORMANCE BOND Title or Type of Document: Document Date: AUGUST 11TH 2O06 Number of Pages: 2 Signer(s)Other Than Named Above: NONE Capacity(ies)Claimed by Signer Signer's Name: DWIGHT REILLY Ma ❑ Individual Top o1 ttwmb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General 6 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:FIRST NATIONAL INSURANCE COMPANY OF AMERICA S A F E C a POWER FIRST NATIONAL INSURANCE COMPANY OF AMEPJCA PO BOX 34526 FIRST NATIONAL SURELY OF ATTORNEY SEATTLE.WA 96124-1526 PO BOX 34526 SEATTI.r,WA 98124-1526 No. 9551 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint ••••••.•s•«•••••s•.•••.••••••••••••••u.•••••••••l1.J.DUECK:DWIGHTRE•ILLY;Anaheim,California•'••r•••...••.•r••.•••.••••s••••••••••••••••••. Its true and lawful attorney(s)-ln-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this Ilth day of January 2005 CHRISTINE MEAD,SECRETARY MIKE MCf3AVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA- "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Moe President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys4n4act or under other appropriate fitles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be Impressed or affixed or in any other manner reproduced;provided,however. that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from.a Resolution of the Board of Directors of FIRST NATIONAWNSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Artlde V,Section 13 of the'By-Laws,and (ii) A copy of the power-of-aftomey appointment,executed pursuant thereto,and (10) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." 1,Christine Mead,Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney Issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full forc6 and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 11TH day of AUGUST 2006 paAACFeo 41,1po�4 y� SEAL s� 192 • • CHRISTINE MEAD,SECRETARY S-10491FNEF 7196 tDA registered trademark of SAFECO Corporation 0111112005 PDF 1 , ` ' 4333 Brooklyn Avenue N.E. Seatde,WA 98105 Bond No. 6419287 LABOR AND MATERIAL PAYMENT BOND PREMIUM INCLUDED ON PERFORMANCE BOND Conforms with The American Institute of Architects A.I.A. Document No. A-311 THIS BOND 1S ISSUED SIMULTANEOUSLY WITH PERFORMANCE BONO IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL BY THESE PRESENTS: that S.PARKER ENGINEERING, INC. 2783 TERN CIRCLE,COSTA MESA,CA 92626 as Principal, hereinafter called Principal, and. FIRST NATIONAL INSURANCE COMPANY OF AMERICA. a (Here insert full name and address or legal title or Suratyl 120 VANTIS,ALISO VIEJO,CA 92656 corporation duly organized under the laws of the State of Washington as Surety. hereinafter called Surety, are THE CITY OF HUNTINGTON BEACH held and firmly bound unto 2000 MAIN STREET P.O.BOX 190 HUNTINGTON BEACH,CA 92648 as Obligee. hereinafter called Owner, for the use and benefit of claimants as heteinbelow defined, in the amount of ONE HUNDRED TWENTY SIX THOUSAND,TWO HUNDRED DOLLARS AND NO CENTS ------------------------------------------------------------------ Dollars ($ 126,200.00---------). for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators. successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated . entered into a contract with Owner for CONSTRUCTION OF CURB RAMPS AT VARIOUS LOCATIONS;MSC-435 In accordance with Drawings and Specifications prepared by DEPARTMENT OF PUBLIC WORKS which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. A PFVED S P M MIE7 Attorne S-32131EP 11/95 Page 1 of 2 LABOR AND MATERIAL PAYMENT BOND NOW,THEREFORE,THE CONDITION OFTHIS OBLIGATION issuch that,if Principalshall promptly make payment toall claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall bevoid;otherwise it shall remain in full force and effect,subject,however,to the following conditions: THEwORKSHALL BE GUARANTEED FOR A PERIOD OF ONE(I)YEAR AFTER THE CIT"ACCEPTANCE THEREOF. 1. A claimant is defined as one having a direct contract with were furnished, or for whom the work or labor was done or the Principal or with a Subcontractor of the Principal for labor, performed.Such notice shall be served by mailing the same by material, or both, used or reasonably required for use in the registered mail or certified mail,postage prepaid,in an envelope performanceof the Contract,labor and material being construed to addressed to the Principal,Owner or Surety,at anyplace where an include that part of water,gas, power, light, heat, oil,gasoline, office is regularly maintained for the transaction of business,or telephone service or rental of equipment directly applicable to the served in any manner in which legal process may be served in the Contract. state in which the aforesaid project is located, save that such service need not be madeby a public officer. 2.The above named Principal and Surely hereby jointly and >everally agree with the Owner that every claimant as herein b) After the expiration of one(1)year following the date on which lefined,who has not been paid in full before the expiration of a Principal ceased Work on said Contract, it being understood, period of ninety(90)days of ter the date on which the last of such however,that if any limitation embodied in this bond is prohibited :laimant's work or labor was done or performed,or materials were by any law controlling the construction hereof such limitation furnishedbysuch claimant,may sueon this bond for theuseofsuch shall be deemed to be amended so as to be equal to the minimum :laimant,prosecute the suit to f inal judgment for such sum or sums period of limitation permitted bysuch law. is may be justly due claimant, and have execution thereon.The Dwner shall not be liable for the payment of any costs orexpenses c) Other than in a state court of competent jurisdiction in and for 3f any such suit. the county or other political subdivision of the state in which the Project,or any part thereof, is situated,or in the United States 3. No suit or action shall be commenced hereunder by any District Court for the district in which the Project,or any part :laimant: thereof,is situated,andnot elsewhere. 0 Unless claimant,other than one having a direct contract with 4. The amount of this bond shall be reduced by and to the he Principal,shall have given written notice to any two of the extent of any payment or payments made in good faith hereunder, ollowing:the Principal,the Owner,or the Surely above named, inclusive of thepayment by Surety of mechanics'lienswhich may vithin ninety(90)days after such claimant did or performed the be filed of record against said improvement,whether or not claim ast of the work or labor,or furnished the last of the materials for for the amount of such lien be presented under and against this vhich said claim is made,slating with substantial accuracy the bond. .mount claimed and the name of the party to whom the materials signed and sealed this 11TH day of AUGUST,2006. S.PARKER ENGINEERING,INC. Principal Seal (Witness) (Title) FIRST NATIONAL INSURANCE COMPANY OF AMERICA (Surety) Seal Witness DWIGHT REILLY Title ATTORNEY-IN-FACT -3213/EP 11/95 Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ORANGE On AUGUST 11TH,2006 before me, ALLISON RITTO, NOTARY PUBLIC Date Name and Title of Officer(e.g.,'Jane Doe,Notary Pubic) personally appeared DWIGHT REILLY Name(s)of Signer(s) P]personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person" whose named isfere subscribed to the within instrument and acknowledged to me that heAa49 4ay executed ALLISON RITTO the same in his#rerftf+err authorized CommMion#f 1537464 capacity{iee), and that by hisOherk#eir Notary Pulls-CaNfornla signature*on the instrument the perso*),or Orange County the entity upon behalf of which the persor�m nm MyCm .Expires Dec 23,2004 acted, executed the instrument. i WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public ALLISON RITTO OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document PAYMENT BOND Title or Type of Document: Document Date: AUGUST 11TH 2O06 Number of Pages: 2 Signer(s)Other Than Named Above: NONE Capacity(ies)Claimed by Signer Signer's Name: DWIGHT REILLY IVIeW ❑ Individual ' -- ❑ Corporate Officer—Title(s): Top of thumb here ❑ Partner—❑ Limited ❑General N Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:FIRST NATIONAL INSURANCE COMPANY OF AMERICA • • FIN S A F E C O* POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY PO BOX 3452E FIRST NATIONAL.SURETY SEATTLE,WA 98124-1526 PO BOX 34526 SEA-1-11-E WA 98124-1526 No. 9551 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint wu••••••••wu••••w•••••••••.•••w•••w•40•0**I1.J.DUECK;DWIGFITRE•ILLY;Anaheim,California•*•*•••••s••••••...•...•...•••••.•.•...••••s.•.. its true and lawful attomey(s)-kl-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this I I Ih day of January 2W5 ta— P C<jAw` CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA "Article V.Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer In charge of surety operations,shall each have authority to appoint Individuals as attomeys4n-fad or under other appropriate Odes with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or In any other manner reproduced;provided,however, that the seat shalt not be necessary to the validity,of any such instrument or undertaking" Extract from.a Resolution of the Board of Directors of FIRST NATIONAU1NSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (li) A copy of the power-of-attorney appointment,executed pursuant thereto,and (lit) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Christine Mead,Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board bf Directors of this corporation,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full forob and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 11 TH day of AUGUST 2006 `rSVR�CEco SEAL _ 1928 dir • s CHRISTINE MEAD.SECRETARY SAD49/1-NEF 7198 ®A registered trademark of SAFECO Corporation 01/11/2005 PDF A`CORD CERTIFICATODF LIABILITY INSURAN(e CSR SP DATE(MM/DDIYYYY) PARKE-D 1 08 09 06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CROSBY INS., INC. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. BOX 31150 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ANAHEIM CA 92809 Phone: 714-221-5200 Fax:714-221-5210 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Landmark American Ins. Co. INSURER B: CENTURY NATIONAL INSURANCE CO. S. PARKER ENGINEERING, INC. INSURER C: STATE COMPENSATION INS.FUND 2783 Tern Circle INSURERD: Costa Mesa CA 92626 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lNbK LTR NSR TYPE OF INSURANCE POLICY NUMBER P IUU F TIV 1EXPIRATION LIMITS DATE MMIDD/YY DATE MM/DD/YY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY LHA130270 08/01/06 08/01/07 PREMISES(Ea occurence) $ 50,000 CLAIMS MADE [K] OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,0 0 0,0 0 0 JE POLICY ][ PRO- CT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ l i 0 0 0 i 0 0 0 B ANY AUTO BAP155985 08/01/06 08/01/07 (Ea accident) ALL OWNED AUTOS r���AA BODILY INJURY X SCHEDULED AUTOS i.�'P,IGIVED AS Q�'O1w,tvb (Per person) $ X HIRED AUTOS " l �f BODILY INJURY $ X NON-OWNED AUTOS d�?�1?4TIFER MCG "ATH City 0111ye� (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE NO COVERAGE PROVIDED AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X I TORY LIMITS ER C EMPLOYERS'LIABILITY 044-0221187-05 02 O1 ANY PROPRIETOR/PARTNER/EXECUTIVE / /06 02/01/07 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yyes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1 $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Construction of curbs and gutters at various locations: MSC-435. City of Huntington Beach, its officers, agents and employees are named as Additional Insured. *10 days notice of cancellation will be given for non-payment of premium. (xx/pr) CERTIFICATE HOLDER CANCELLATION HUNTIN2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL MAIL *3 0 DAYS WRITTEN City of Huntington Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, L Attn: Risk Management — 2000 Main Street Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE \` f ACORD 25(2001/08) -_-__D_ACOfbD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) 0 ADOMONAL INSURED T111,��rtd�r�rrt�:nt m �fi itts�r.�'u:�}�rv+�a�ad t�sr tlir.scrlftivrart� SCHEDULE "date of Perstxt AZT,pOwn car'i)rp"- rvon to Wboi4or to wbiAyou m661j.I tw"byv�c�fa uxittencmtractor by. 'tlie"��� � or,exi=-Ace of a perMit,to prTivide imurmce stuch ax n Aftrdod by d1ii policy, amity Of ult titt9ton Buck it&61fle rs,agents sudsemploy (if nu Miry" F as a bct t,itt xrt :otft4u and t�c lete endatterataif mill k eesbow a in the bocI-ar ttns trs ECTION tI-WHO ISANI"WLEOA &nwx&dtO1nc1uAe 14aninsumd tht.permft o:wpaik-A ou ShOWAin thp,SCREDULF,bufitrdvwr root tv ii ility tu' use out of"yow wot' 'for tit 4 *d by it for rota If ym;ate.regLired by a ittr c6mra t tag-rmvido primAry iuvwmce,fts pullh3 y sh ,to rrt ary m respon .r w9liewi;"pad$W'T'ION IV - "t}NDERCUL C-LNZ RAL,LmBLLITY LONDII16NS,4. CkhO.Insurionu dots"not appt "but y'q-ith respvct to cavrase pro!v o d l t{i y r I5su tca a. isaet rch, i,r_ t� t D .r ati to 9trogp &—a f�W— -0—f in Sw a c'st W,eta 0ftrC hW.594 b. If a claim is made or "suit" is brought against 4. Other Insurance any insured,you must: If other valid and collectible insurance is available (1) Immediately record the specifics of the to the insured for a loss we cover under Cover- claim or"suit"and the date received; and ages A or B of this Coverage Part, our obligations (2) Notify us as soon as practicable. are limited as follows: You must see to it that we receive written no- a. Primary Insurance tice of the claim or "suit" as soon as practica- This insurance is primary except when b. below ble. applies. If this insurance is primary, our obliga- c. You and any other involved insured must: tions are not affected unless any of the other insurance is also primary. Then, we will share (1) Immediately send us copies of any de- with all that other insurance by the method de- mands, notices, summonses or legal pa- scribed in c.below. pers received in connection with the claim or"suit"; b. Excess Insurance (2) Authorize us to obtain records and other This insurance is excess over: information; (1) Any of the other insurance, whether pri- (3) Cooperate with us in the investigation or mary, excess, contingent or on any other settlement of the claim or defense against basis: the"suit"; and (a) That is Fire, Extended Coverage. (4) Assist us, upon our request, in the en- Builder's Risk, Installation Risk or similar forcement of any right against any person or coverage for"your work"; organization which may be liable to the in- (b) That is Fire insurance for premises sured because of injury or damage to which rented to you or temporarily occupied by this insurance may also apply. you with permission of the owner; d. No insured will, except at that insured's own (c) That is insurance purchased by you to cost, voluntarily make a payment, assume any cover your liability as a tenant for "prop- obligation, or incur any expense, other than for erty damage" to premises rented to you first aid,without our consent. or temporarily occupied by you with 3. Legal Action Against Us permission of the owner;or No person or organization has a right under this (d) If the loss arises out of the maintenance Coverage Part: or use of aircraft, "autos"or watercraft to the a. To join us as a party or otherwise bring us into Sectio I extent n Coveragot e A — Bodily Injury 9 Y 1 rY a"suit"asking for damages from an insured; or And Property Damage Liability. b. To sue us on this Coverage Part unless all of (2) Any other primary insurance available to its terms have been fully complied with. you covering liability for damages arising A person or organization may sue us to recover on out of the premises or operations for which an agreed settlement or on a final judgment you have been added as an additional in- against an insured; but we will not be liable for sured by attachment of an endorsement. damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. CG 00 01 10 01 ©ISO Properties, Inc., 2000 Page 11 of 116 1* 'N° 3863 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO AMENDED Certificate of Authority THis IS TO CERTIFY, That,pursuant to the Insurance Code of the State of California, FIRST NATIONAL INSURANCE COMPANY OF AMERICA of SEATTLE, WASHINGTON ,organized under the laws of WASHINGTON ,subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: FIRE, MARINE, SURETY, .PLATE GLASS, LIABILITY, WORKERS' COMPENSATION, COMMON CARRIER LIABILITY, BOILER AND MACHINERY, BURGLARY, CREDIT, SPRINKLER, TEAM AND VEHICLE, AUTOMOBILE, AIRCRAFT and MISCELLANEOUS as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. Tins CERnFicaTE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all,and not in violation of.any,of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable,and as such laws and requirements now are,or may hereafter be changed or amended. IN Wnw=Wmmwjr,effective as of the_24th _day of--aJanuary , 19..79., I have hereunto set my hand and caused my official seal to be a&ed this__ 24th _ day of_- January ^___.,18-29— i:. WESLEY J. �KINDER ]4 FASER D y syatY �. NO I e Qualification with the Secretary of State must be aceompUshed as required by the California Corporations Code promptly after issuance of this Certificate of Authority.Failure to do so will be a violation of Las.Code Sea 701 . and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained bereln. f•enr Ce•a a-n,-m asp on our o1 wr k DECLARATION OF SATISFACTION OF CLAIMS I, , state: (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The following are either 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: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at on this day of , 20_ (Location) (Signature of Contractor) APPROVED AS TO FORM 7 I IFER McGRATH,atyAttorney g:followup\cashcont\cashcon2.doc ark'S"#°" j 2! procedure#15 eputy City Attorney City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) APPROVED AS TO FORM JEN IFER McGRATH,City Attorney Sarah Sutton f / 3 Puty City Attorney 12! g:followup\cashcont\cashcon 1.doc procedure#14 �1 V i S.Parker Engineering,Inc. 2783 Tern Circle Costa Mesa, CA. 92626 a " SEALED BID DO NOT OPEN WITH REGULAR MAIL City of Huntington Beach 2000 Main Street Huntington Beach, CA. 92648 Attn: City Clerk's Office Project Name: Construction of Curb Ramps @ Various Locations Maintenance Service Contract #435 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 September 12, 2006 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK 4-Con Engineering, Inc. 2751 Avalon Street Riverside, CA 92509-2012 The City Council awarded the bid to your company for the above referenced projects. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance 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 536-5432. Sincerely, Joan L. Flynn City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of Insurance/Bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g:fol lowu p\cash cont\cas hco n-letter.doc (Telephone:714-536-5227) r i IA, CITY OF HUNTINGTON BEACH re2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 12, 2006 C. J. Concrete Construction, Inc. 10142 Shoemaker Ave. Santa Fe Springs, CA 90670-3404 Re: MSC-435-Construction of Curb Ramps at Various Locations Enclosed please find your original bid bond issued for MSC-435. Joan L. Flynn City Clerk JF:pe `. Enclosure j ,X ' X g:/followup/cashcont/retu rn bid bond.doc procedure#13 (Telephone:714-536-5227) e r OZY r SECTION A NOTICE INVITING SEALED BIDS for the CONSTRUCTION OF CURB RAMPS @ VARIOUS LOCATIONS MAINTENANCE SERVICE CONTRACT#435 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on May 30, 2006. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $45.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. This is a Davis-Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. A-1 No bid shall be consideredprepared p p p unless it is re on the approved forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. 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. The engineer's estimate for this project is $ 101,500. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 20th day of September 2004, by RESOLUTION 2004-81. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 • s SECTION B INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title and Cash Contract Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. B-1 4. Delivery Of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for CONSTRUCTION OF CURB RAMPS @ VARIOUS LOCATIONS MAINTENANCE SERVICE CONTRACT 9 435 in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return Of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. Disqualification Of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. B-2 10. Listing Of Subcontractors Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. 11. Discrepancies And Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract an shall be included with the proposal. 12. Equivalent Materials Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. Award Of Contract The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. B-3 15. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution Of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re-advertised. 17. Submission Of Bonds And Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. The successful bidder shall provide a certificate stating that the bonding company is admitted to do business in the State of California. This certification may be obtained from the Executive Officer and Clerk of the Superior Court at the following address &phone: Orange County Superior Court Probate Court Operations 341 The City Drive P.O. Box 14171 Orange, CA 92613-1571 (714) 935-6061, Contact Linda C. Wallace Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. B-4 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. 19. Bid Protest To be considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening. (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY. 20. Questions to the Engineer Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received by the Engineer up to five working days prior to the bid opening as specified in SECTION A. Questions asked of the Engineer after this time will not be addressed. B-5 �r s SECTION C PROPOSAL for the CONSTRUCTION OF CURB RAMPS @ VARIOUS LOCATIONS MAINTENANCE SERVICE CONTRACT # 435 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 60 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 MSC - 435 Project Bid Schedule 1TEIV� APPROXIMATE f y k .r x NQ , . .,,QUANTITY .._. I'�1�IVIHWITH UNIT PRIC�$1NR1�'fE1�1 CN WORDS, . ' �II+1�'�"i #cE T:�T�►L REMOVE/DISPOSE OF P.C.C. SIDEWALK(CURB RAMPS 12,500 INC AT 1 AT our and PER SF �f,�s 573 REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS 2,500 INCL, n pp 2 AT QY\a 0o D r PER LF ao . 00 S G v00• REMOVE/DIS OSE O,�F_SPHALT CONCRETE (Gutter Slot) 3 1,350 AT V-Q CI',V1d �(irD G(d o`'t/� PER LF ,�� �� 75 4 Od CONSTRUCT ASPH T CONCRETE (GU ER SLOT) 6?! 4 50 ATane- n q�d '�,�v �!l>l�a�S PER TON ( � Oa 5 pda , CONNS�T�R�,U�C�T�WHEEL CHAIR-JRAMP (per Standard Plan RSP �i 5 50 AT W Z kIUD" ey L� �� 4((0,r-,; PER EA. 1._ICU " �" S/DOS, PREPARE PRE-CONSTRUCTION CORNER RECORD AND 0-6 16 FILE WIT AP ROPRIAT AGE CIES 6), /9a 600. 6 AT PER EA. 0_ OaC PREPARE POST-CONSTRUCTION CORNER RECORD AND FIL I H PROPRI TEA ENCIES f �� 16 7 PER EA. 102/ Total Amount Bid in Figures: $ ,0 Total Amount Bid in Words: Am ✓e, C-2s If awarded.the Contract, the undersigned agrees that in the event A 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�ldd-U5�6Y�O�in the amount of$S8 3Y 7.�° which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 s 0 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work - Number 5 Of 14v -7 ia4 31 &Q le 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 NINCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of age LS5� )��h Sa l n- , being first duly s rn, epises and says that he ewe is RA 5t&t"A— o party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder SANDRA E.SCHOTT commission#1372993 Z Noter�l Public California Z Los Angeles County ,Ay0"m,Eypkessep30,2006 Sign a ofBi ns 'C'+ -7 Address of Bidder Subscribed and sworn to before me this day of , 20 p �r m0. t� lcr►owr� -6?m}�e� NOTARY PUBLIC G� NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CONSTRUCTION OF CURB RAMPS @ VARIOUS LOCATIONS MAINTENANCE SERVICE CONTRACT # 435 (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. �S L° �H Contractor By Title Date: C-5 DISQUALIFICATION QUESTIONARE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ,<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. C.J `(S1lGt��2 laytsdN . V1U Contractor By r-eS �l Title Date: b C-7 UNIERGROUND SERVICE ALES IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: LIXJ (160ttt 4661l Bidder Name Business Address- a6 6vil 7a City, State Zip -7 7 7- 2 Z2Z Telephone Number State Contractor's License No. and Class 4 - l8 -�6 Original Date Issued Expiration Date The work site was inspected by of our office on 5 '�S , 206 The following aKe persons, firms, and corporations having a principal interest in this proposal: 0,—A"ta�f C-9 CJ Concrete CONSTRUCTION, INC. 10142 Shoemaker Avenue • Santa Fe Springs, CA 90670 • Phone (562)777-2222 • Fax(562)777-2220 Hardscape Maintenance City of Lakewood 5050 Clarkdale Ave Lakewood, CA 90712 (562) 866-9771 ext 2502 Max Withrow Started 02/14/05 Completed 06/14/05 (contract extended at least one year) $300,000. per year+ Installation & Repair Concrete PK0001-4 (Year 3 of 3 year contract) City of Ontario 1425 S. Bon View Ave. Ontario, Ca 91761-4406 (909) 391-2507 ext. 6717 Dale Adcock Completed 4-14-03 Final contract price$825,000.00 with change orders original contract price$696,578.00 2004/2005 Annual Concrete Repair Project City of Arcadia 240 Huntington Dr. Arcadia, CA 91107 (626) 256-6552 Mark Rynkiewicz Started 01/30/04 Completed 05/31/05 Final contract price$240,119.00 with change order, original contract price $185,780.25 Remove/Replace curb, gutter, and sidewalks on various city streets City of La Palma 7822 Walker St. La Palma, CA 90623-1771 (714) 690-3312 Dave Gaudio Started 10/14/05 Completed 10/1/06 Final contract price$74,957.02 with change order, original contract price$59, 201.00 Curb, Gutter and Sidewalk Reconstruction Project No. 4471 City of Fullerton 303 W Commonwealth Avenue Fullerton, CA 92832-1775 (714) 738-6875 Karen Kobeyashi Completed 3-25-03 Final contract price$353,703.20 with change orders, original contract price$312,251.25 Sidewalk repair Project and Curb &Gutter Repair Citywide 6150 City of Riverside 3900 Main st Riverside, Ca 92522 Started 7-19-04 Completed 12-17-04 Final contract price$527,816.30 with change orders, original contract price$492,810.00 Daniel Chachella (909) 826-5889 ADA Bus Stop Modifications Phase 3, Package 1 Orange County Transportation Authority PO Box14184 Orange, Ca 92863-1584 Started 9-7-05, completed 2-28-05 Final contract price$300,368.00 with change orders, original contract price$282,765.00 George Saba (714) 560-5432 Landscape Construction/Maintenance for Pacific Electric Right of Way C-0872 Orange County Transportation Authority P O Box 14184 Orange, Ca 92863-1584 Started 6/09/03 3 year maintenance Final contract price$1,059,852.00 with change orders, original contract price$960,000.00 George Saba (714) 560-5432 Irvine Avenue Sidewalk Maintenance C-3175 City of Newport Beach 3300 Newport Blvd. Newport Beach, Ca 92663-3884 Started 9-26-05 Maintenance to June 1, 2006 Final contract price$222,011.00 with change orders, original contract price$202,250.00 Rob Masters (949) 644-3312 Bonding Agent Crosby Insurance Co. P O Box 31150 Anaheim, Ca 92809 (909) 920-5811 Surety Co. First National Insurance Co. 2677 N. Main St. #600 Santa Ana, Ca 92705 (714) 437-3744 Insurance Agents Rock 10 Insurance Services P O Box 880887 San Diego, CA 92168 The undersigned is prepared to satisfy the C tcil of the City of Huntington Beach of its ability, financially or otherwise, to perform the`cract for the proposed work and improvements in accordance with the plans and specifications sett forth. 1 L J Company Name Signature o i de 19 �6k r-,__s 00 Printed or Typed Signature 'LOW� Subscribed and sworn to before me this_day of ,� .P er 5dhCLk'J ICn�d-o nr�, �,Pr�..er�,•�d !o��dr-E rye-• �o o-e..y-��u rs cx�L" w{..o ANDRA E•SCHOTT 3 z NOTARY PUBLIC N ommI ubtla_ rnti Ca my Z jp 30,2006 Listed below are the names, address and telephone numbers for three pu lic agencies for which the bidder has performed similar work within the past two years: s 1. Name and Address APublic 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-10 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low-Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager(initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 968; or Will or no new employees in conjunction with this project. Will award 10% of its sub-contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub-contracts related to this project. �t3Contractor. I_ i Contact Person: oY t\ 4��Y1 c7 Contact Phone: (50) 7 a 7y Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub-contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 { JURAT sf C lifornia y:....":,,ibed and sworr; t- ;or affirmed! before me on � iz..� day of � 30 ,fie, '�`nally known to me or proved to me on the basis of satlsia:nor e v cleoce to be the person(s) who appeared before me. SANDRA E.SCHOTT Commission#1372993 Z i Notary Public-California D Z Los Angeles County My Comm.Expires Sep 30,2006 �"` Signatur 4 f F IRST JVATIONAL ,4�URETY 4333 Brooklyn Avenue N.E. Seattle,WA 98105 BID BOND Conforms with The American Institute of Architects,A.I.A.Document No.A-310 KNOW ALL BY THESE PRESENTS,That we, CJ CONCRETE CONSTRUCTION, INC. as Principal,hercinafter callcd the Principal, and the FIRST NATIONAL INSURANCE COMPANY OF AMERICA of 120 VANTIS,ALISO VIEJO, CA 92656 ,a corporation duly organized under the laws of the State of Washington ,as Surety,hereinafter called the Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee,hereinafter called the Obligee, in the sum of TEN PERCENT OF THE TOTAL 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 CONSTRUCTION OF CURB RAMPS(ED VARIOUS LOCATIONS NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and s ed t s 19TH day of MAY 2006 CONSTRUCTION_ INC_ (Seal) Principal Witness { 1V5IXRV_ Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA `l Witness By DWIGHT REILLY Attorney=u►-Fact S-0054/FNEF 7/98 0 Registered trademark of SAFECO Corpord6on. • i ' � • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ORANGE On MAY 19TH,2006 before me, ALLISON RITTO, NOTARY PUBLIC Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") 1 personally appeared DWIGHT REILLY Name(s)of Signer(s) i X1 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(.1) whose namel is/&m 1537464 subscribed to the within instrument and Commission# 53 ALU30N RI acknowledged to me that he/sft/"executed -: Notary Public-California the same in hisAerfdrerr authorized Orange County capacity(", and that by his1*_"/*eir My Comm.Expires,DR-,23.2008 signature*on the instrument the perso*), or the entity upon behalf of which the persor)(e4 acted, executed the instrument. WITNESS my hand and off' ' I s Place Notary Seal Above Signature of Notary Public ALLISON RITTO OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document I Description of Attached Document Title or Type of Document: BID BOND ) Document Date: MAY 19TH, 2006 Number of Pages: 1 I Signer(s)Other Than Named Above: NONE i I i Capacity(ies)Claimed by Signer Signer's Name: DWIGHT REILLY ) .01401 ❑ individual Top of thumb here i ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General " Attorney in Fact ❑ Trustee i_] Guardian or Conservator i Other: i I Signer Is Representing: FIRST NATIONAL INSURANCE COMPANY OF AMERICA • S A F E C a POWER / FIRST NATIONAL INSURANCE COMPANY OF AMERICA PO BOX 34526 FIRST NATIONAL SURETY OF ATTORNEY SEATTLE,WA 98124-1526 PO BOX 34526 SEAl-17.E,WA 98124-1526 No. 9551 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint ++••+.••••+•••••••••••••r•••••••••r••«•••••••••••f1. J.DUECK;DWIGHT REILLY;Anaheim,CaliY'ornia•'a..+s•a•r.r.•••••...•........«aa...•..r....• its true and lawful attomey(s)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this I Ith day of January 2005 cwl��Y� 4�_ C_C44_AW,a4--, CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys-in-fad or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any Instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument Conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however, that the seal shalt not be necessary to the validity of any such instrument or undertaking-" Extract from a Resolution of the Board of Directors of FIRST NATIONAL-INSURANCE COMPANY OF AMERICA adopted July 28.1970- "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Christine Mead,Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 19TH day of MAY 2006 \�S�aAMCF CO CA !�' ow►oa� �� 4 SEAL = y 1928 rs6�?e�WAF�`��, CHRISTINE MEAD,SECRETARY S-10491FNEF 7198 ®A registered trademark of SAFECO Corporation 0 111 112 00 5 PDF 0 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 12, 2006 D. G. Yeager P. O. Box 74073 San Clemente, CA 92673-0136 Re: MSC-435-Construction of Curb Ramps at Various Locations Enclosed please find your original bid bond issued for MSC-435. Joan L. Flynn City Clerk JF:pe Enclosure g:/followup/cashcont/returnbidbond-doc procedure#13 (Telephone:714-536-5227) DOGOYEAGER yD.G:YEAGER CONSTRUCTION COMPANY/P.O. BOX 4923, LAGUNA BEACH, CA 92652 2006 MAY 30 gyp: 50 O BOX 74073 ^'- .. SAN CLEM ENTE, CA 92375 "Y °s. r r i G�r� ' � SECTION C PROPOSAL for the CONSTRUCTION OF CURB RAMPS @ VARIOUS LOCATIONS MAINTENANCE SERVICE CONTRACT#435 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 60 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. D.G.YEA GER � C-1 MSO- 435 Project Bid Schedto t REMOVE/DISPOSE OF P.C.C. SIDEWALKW(CURBMPS 12,500 INCL.) 35 1 AT QtV� PER SF REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS 2,500 INCL.) ®� C7�v t 2 AT C PER LF I0/ l so REMOVE/DISPOSE OF ASPHALT CONCRETE(Gutter Slot) O2 3 1,350 AT �C�C-�1 0—� PER LF CONSTRUCT ASPHALT CONCRETE(GUTTER SLOT) 4 50 AT l2L PER TO CONSTRUCT WHEEL CHAIR RAMP(per Standard Plan RSP 50 A88A) YANjOV�C E:o cc��-�� 1 5 AT � � c c, PER EA. 2- I0' 12�, PREPARE PRE-CONSTRUCTION CORNER RECORD AND 16 FILE WITH APPROPR�ATE AGENCIES ZI 6 AT"-tti-)Q lv van �a S` 20�.. � PER EA. �1 M PREPARE POST-CONSTRUCTION CORNER RECORD AND 16 FILE WITH APPROPRIATE AGENCIES t 7 AT'�lsJ 9,�+(�C��loc:�S�c��,'V� ��C c, PER EA. 2 Total Amount Bid in Figures: $ 'l8 1 2 Total Amount Bid in Words: -� r i C-2s � �'R D.G.YEAGLR COINS` RUCTION WiVi� If awarded the Contract, th&dersigned agrees that in the event Ae 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 P this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find � 1 in the amount of LC 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 I Check", or "Bidder's Bond", as the case may be). 1 1 Bidder shall signify receipt of all Addenda here, if any: 1 Addenda No. Date Received Bidder's Signature 1 1 1 1 1 1 1 1 r r r 1► i i ► ► 1 1 1 1 D.G.YEAGER COMST RUCTION CO MPAW 1 C-2 r BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: v`rPANY Bidder Name PO 13OX 74073 , Business Address SAN CLEMENTE, CA �73 1 City, State Zip Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by of our office on , 20_C�, The following are persons, firms, and corporations having a principal interest in this proposal: 1 i C-9 .License Detail • • Page 1 of 2 California boor Thursday, Ki License Detail CALIFORNIA CONTRACTORS STATE LICEN Contractor License # 713631 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: . CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and/or legal action information. . Per B&P_7071..._1.7, only construction related civil judgments reported to the CSLB are disclosed. . Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. . Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 05/25/2006 * * * Business Information D G YEAGER CONSTRUCTION COMPANY P O BOX 4923 LAGUNA BEACH, CA 92652 Business Phone Number: (949) 369-9065 Entity: Sole Ownership Issue Date: 10/16/1995 Expire Date: 10/31/2007 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications Class Description 0 GENERAL ENGINEERING,CONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 661110998 in the ai $10,000 with the bonding company http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 5/25/2006 'License Detail • • Page 2 of 2 LINCOLN GENERAL INSURANCE COMPANY. Effective Date: 08/04/2004 Contractor's Bonding History * * * Workers Compensation Information This license has workers compensation insurance with the STATE_COMPENSATION..._I.N_SU_RANC_E..F...U...ND Policy Number: 046-0009988 Effective Date: 01/01/2002 Expire Date: 01/01/2007 WorkersCompensation History Personnel List License Number Request Contractor Name Request Personnel Name Request ......... ........ ......... . .. . - Salesperson Request Salesperson Name Request <q;2006 State of California.Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 5/25/2006 The undersigned is prepare* satisfy the Council of the City of Hukon 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. Compa#iy Name Signature of - er Printed or Typed Signature Subscribed and sworn to before me this_�d'ay of )Vk Z cs�1 , 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 Ad 4Adress of Public Agency Name and Telephone No. of Project Manager: 1 n �_o c �y. f-A On- 1-0 Contract Amount Type of Work Date Completed 2. Name and A dress of Public Agency Name and Telephone No. of Project Manager: $ C-° o 0 1c, MWch,Ck7 Contract Amount Type of ork Date Completed 3. - Ll; C_-,:�(�qVfx)I Name and Address of Public Agency Name and Telephone No. of Project Manager: L���� �� 2�- (1�1 Contract Amount 'type of Work DW Completed 1 C-10 �.U.1c�aa`tr� ti�i��►i-sU�i s�i� �.+vtv��" �a+�a i R CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On 5-23-2006 before me, JENNIFER K. SMITH,Notary Public NAME OF NOTARY PUBLIC personally appeared, D.G. YEAGER personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. N Of T"a JENNIFER K.SMITH COMM.#1479028 X WITNESS my hand and official seal. NOTARY PU13UC•CALJFORNIA ORANGE COUNTY �4« My Comm.Expires MAR 26,2008 (SEAL) NOT Y PUBLI SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT 1:15 PM D G Yeager Construction 05/25/06 Customer Contact List May 25,2006 Customer Bill to Contact Phone Fax Balance Total Start Date Projecte... Alcorn Fence Co.DBA Atlas Fence P O Box 13249 San Diego CA.92170 619-232-1151 619-236-8393 0.00 Alcorn Fence Co.DBA Atlas Fence:ORC Tol... P O Box 13249 San Diego CA.92170 619-232-1151 619-236-8393 0.00 Caltrans State of CA Department of Transportation Procuremen... Pauline Hoe 916-227-9013 (949)724-2707 0.00 Callrans:12A1023,San Juan State of CA Department of Transportation Procuremen... Paulina Hoe 916-227-9013 (949)724-2707 0.00 Caltrans:Retaining Wall 12AO925 State of CA Department of Transportation Procuremen... Pauline Hoe 916-227-9013 (949)724-2707 0.00 8/5/2005 Caltrans:Slope Paving,07A1967 State of CA Department of Transportation Procuremen... Pauline Hoe 916-227-9013 (949)724-2707 0.00 11/8/2005 Casey Bus.Properties 1060 Calle Negocio,#A San Clemente,CA 92673 Bobby Sanchez 949,361.3731 0.00 Centex Homes Centex Homes 250 Commerce#100 Irvine CA.92602 Joe Martin 949-453-0113 949-790-5960 0.00 City of Carlsbad City of Carlsbad 1635 Faraday Ave.Carlsbad CA.92008 Rob Huston 760-434-2949 760-720-9562 13,132.15 City of Carlsbad:PWS06-02STS City of Carlsbad 1635 Faraday Ave.Carlsbad CA.92008 Dale Schuck 760-434-2949 760-720-9562 13,132.15 1/9/2006 4/10/2006 City of El Cajon City of El Cajon 0.00 City of El Cajon:City Project 020-06 City of El Cajon 200 East Main Street El Cajon CA.92... 0.00 City of Encinitas 505 South Vulcan Encinitas,CA.92024 Terry Smith 1-760-943-2107 1-760-633-2626 0.00 City of Westminster City of Westminster 8200 Westminster Blvd.Westmins... 714-895-8276 714-373-5328 0.00 Dale Yeager 0.00 Diversified Landscape Company Diversified Landscape Company 33801 Washington St... Joe 909-926-7444 909-926-7440 0.00 Elite Bobcat Services Inc. 1320 E.Sixth Street Corona CAlif.92879-1700 Hugh Lee 951-279-6869 951-279-9112 8,074.32 Elite Bobcat Services Inc.:Lewis Homes,06-... 1320 E.Sixth Street Corona CAlif.92879-1700 Hugh Lee 951-279-6869 951-279-9112 8,074.32 Golden State Utility Company Golden Stale Utility Co.P O Box 2968 Turlock CA.953... Brandon Combs 0.00 Groeniger Properties 0.00 Groeniger Properties:5155 Indian,Perris 0.00 3/29/2006 Groeniger Properties:San Marcos PCC Imp. 0.00 3/13/2006 3/29/2006 Hillcrest Company, Hillcrest Contracting P O Box 1898 Corona CA.92878-... 951-273-9600 951-273-9608 0.00 Leslie Gillies 34191 Camino Capistrano Capistrano Beach,CA.92624 Leslie Gillies 0.00 Leslie Gillies:Re-set Fence,237 Calle Pintor... 34191 Camino Capistrano Capistrano Beach,CA.92624 Leslie Gillies 0.00 4/11/2006 Los Angeles Engineering Los Angeles Engineering 4134 Temple City Blvd.Rose... 0.00 Macher&Clark Macher&Clark 0.00 Marden Susco Inc. Marden Susco Inc.3155 N Indian Ave.Perris,CA 92571 Kurt Groeniger (909)657-6580 (909)657-7938 0.00 MGM-Security Paving.JV 14,347.40 MCM-Security Paving.JV:07-0607U4 14,347.40 Montecito Landscape Construction 231 E.Imperial Hwy.#250 Fullerton CA.92835 Gary Ayala 714-447-8783 714-278-1754 0.00 Moore Electric Moore Electric 463 N Smith St.Corona,CA 92882 951-3714202 951-278-3406 0.00 Newport Pacific Capital Inc. 0.00 P&D Consultants P&D Consultants 999 Town&Country Rd.4th Floor... Cliff Bice 714-648-2083 21,126.55 P&D Consultants:Asphalt Patching,07---- P&D Consultants 999 Town&Country Rd.4th Floor... Cliff Bice 714-648-2083 21,126.55 2/13/2006 2/17/2006 Royal Electrical 0.00 Steiny and Company P 0 Box 8100 Baldwin Park CA.91706 626-338-9923 626-338-8343 0.00 Sully-Miller Contracting Sully-Miller Contracting 1100 Orangethorpe Ave.Anah... 714-578-9600 0.00 Vratsinas Construction Company 18201 Von Karmen #100 Irvine CA.92612 0.00 Page 1 0 N F L . • THE AME41CAN INSTITUTE OF ARQ*ITECTS AIA Document A310 Bid Bond BOND# NIA KNOW ALL MEN BY THESE PRESENTS, that we D.G.YEAGER CONSTRUCTION COMPANY P.O.BOX 74073,,SAN CLEMENTE,CA 92673 (Here insert full name,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and LINCOLN GENERAL INSURANCE COMPANY 701 B STREET,SUITE 2100,,SAN DIEGO,CA 92101 (Here insert full name,and address or legal title of Surety) a corporation duly organized under the laws of the State of PENNSYLVANIA as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET,1ST FLOOR,HUNTINGTON BEACH,CA 92648 (Here insert full name,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of TEN AND 00/100 PERCENT------------------------------------------ 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 CURB RAMPS REMOVE AND REPLACE IN HUNTINGTON BEACH PROJECT NO.: 435 (Here insert full name,address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 22nd day of May 2006 4G. Y R CONSTRUCTION COMPANY i I) N (Seal) (Witness) itie) LINCOLN G WEICURAWO COMPA Surety) (Seal) (Witness) YUNG T LLICK,Attorney n-fact AIA DOCUMENT A310 BID BOND AIA O FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE.,N.W.WASHINGTON,D.C. 20006 a CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On before me, JENNIFER K. SMITH, Notary Public NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. `gEPL00' JENNIFER K.SMITH tv :� COMM.#1479028 i ® o NOTARY PUSUC•CAUFORNIAch ORANGE COUNTY N cgUF My Comm Expires MAR 26,2008 (SEAL) ARY PU LIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT LINCOLN GENERAL INSURANCE COMPANY PONUR or kTToRNFx KNOW ALL MEN 13Y THESE PRBSEIv fS:nat Lincoln(lencrai Insurance Company,Organized and existing by virtue of the l..aws of the Cottmonwealth of Pennuylvawa,does heareby naolinate,constitute;and appoint Rung T. Muiiilek,James W.Moiaanten,Jennifer C_ Giboney its true and lawful anorney(s)-in-£act to sign,seal and execute for and on its behalf,as surety,bonds,undertakings,and other obligatory instruments of similar ontuma in our imuu st not w ertemd Three Million Daiwa p a,o00,00"end to bind it thereby as fully and to the same extant as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of said Attomty,pw--nt to the authority hereby given are hereby ratified and conflrrrted- RESOLVED that this Power of Anoracy is granted and is signed,sealed and notarized with Awaisrrile signatures arld seals under aattimity of the following resolutions adopted by the Dowd of Directors of Lincoln(tlesrraal insurance Couilmy on the 40'day of SqAemb.r,2W2- RFSOI.VED that the President,an Executive or Seiaior Vice President,or any Vice President of the Company,together with the Secretary or arty Assistant Secretary are hereby authorized to execute Poway of Attorney appointing the person(s)[teamed as Attorney(,)-in-Fact to date,exec ate,sign,seal and deliver on bdtalf of the Company,fidelity and staety bonds,undertakings,and other sittrilar cwntracm of sutety*lp,and any related documents. RESOLVED TrUR'T1DM that the signatures of the officers raking the appointment,and the signature of any offiotr eembimg the validity and current status of the appointment,may be facsimile roprt*sentatioaa ofthow sign mmm;and the signature and seal of any notary,and the seal of the Company,may be faoaimile representations of those signatures and,sills,and such facsimile representations of those signiors,and steals,and such facsirnlle rep rat tobons shall have the sauna force and effect as if manually stExed- The%csinAle.representWow referred to herein may be affixed by stamping,printing,typing,or photocopying IN WITNESS WHWKEOF,Lincoln(kneW Insurance Company has caused4ora;4od these preurnts to be signed by its duly artthor ized officers this 4tlt day tn�}2002 . /��,,� Attest. $�`- cvoRAT, Gary J. d :fa: o — tt��_ ees t 7tre =n= Gonmwrtwrgtth o£PesRrsylvarssa 1977 _j'. _ ;O York County A�NhSyt VF��� e On this 4th slay of September,2002,before rri� ona]l�� "4C-Eholwatrl,to rue known,who being duly sworn,did ose dep and say:that he:is the President of the Corp at!$1d in and which executed the above wsaurumt tbw he)mows the seat affixed to the aforesaid instrument is such corporate apt and was afhad thereto by otder and authority of the Board of Directors of Bald Company-,and that he executed sine said iu mmicnt by like order and authority and the same was his free act and deed- Notarial Sea< The Conumnweattlt of Pcansylvania Gwwne t wls Loosa,Notary York County sPftDdubOury Twp..York MY Commission Fxrkw".q,tune 1 ldotary Publr t,Gary Omdoa Secretary of Lincoln General Insurance Company,a corporation of the Co�wealth of Pemrsylvauia do hereby certify that the above and foregoing is a f dl,true and correct copy of Power of Attorney issued by said Company,and of the whole of the odgmat and treat the said Power of Attorney is still in full force and effect and has not been revoked,and fiutliertnore that the Resolution of the Board of Directors,sat forth In the said Poorer of Attorney is now in force- IN WITNESS WRERHOP,l have be {rpm set ray band and aegl of said Company,at Rork,Perarsylvatria, this \\4 41iRill�,/!/!f INS �OPAre --r.�'ss J. SeaYmry 7 1977 =a r��i�``•Y/�........... S� �!llfhbrp ntttu�a\� i LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class i of Work Number � 1 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. Q "-�� �':C k41 Rl1CT10�1 C�y"o r�r�i�1� C-3 NONCQI,,LUMN AFFIDAVIT TO'BE EXECUTED BY BIDDEU AND SUBMITTED WITH BID State of California ss. Colulty of Orange D.G.YEAGER being first duly sworn, deposes and says that.he or she is OWNER a f D.G.YEAGER CONSTRUCTION COMPANY the ply making the foregoing bid that the 'bid is not WAde in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that.the bid is genubie 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 alpeed with atr,y bidder or anyone else to put in a ;.barn 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 agairtst the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are trite; 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, partrrership,company association, organization,bid depository,or to any member or agent thereof to effeetcrate a collusive or chant bid, D AGET C NSTRUCTION COMPANY Name t der t of dd P.O.BOX 74073,SA CLEM NT .92673 Address of Bidder Subscribed and sworn to before txte this 22ND day of MAY ,210 06, NOTARY PUBLIC k)( � NY)TARY SBAL C-4 V c►,gE"10F'SF JENNIFER K.SMITH COMM.#1479028 X c NOTARY PUBUC•CAUFORNIA N ` ORANGE COUNTY N cgc��M My Comm Expires MAR 26,2008 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 CONSTRUCTION OF CURB RAMPS @ VARIOUS LOCATIONS MAINTENANCE SERVICE CONTRACT # 435 (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 i subcontractor or subcontractors with the requirements contained herein. O.G.YEAGER CONSTRUCTION_GO MN, i i ontrac r By Title Date: ? C-5 i DISALIFICATION QUIESTIONN&E In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified,removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes fd 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. D.G.YEAGER CONS TRUOTtON QOMPAW 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. D.G.YEAGER CONSTRUCTION t+CJMPAN°(', r ontracto By m Title Date: Vz- L} C-7 License Detail Page 1 of 2 California Home Thursday,IV .r r, ,y License Detail CALIFORNIA CONTRACTORS STATE LICEN Contractor License # 713631 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: . CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and/or legal action information. . Per B&P 707.1..._1.7, only construction related civil judgments reported to the CSLB are disclosed. . Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. . Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 05/18/2006 * * * Business Information D G YEAGER CONSTRUCTION COMPANY P O BOX 4923 LAGUNA BEACH, CA 92652 Business Phone Number: (949) 369-9065 Entity: Sole Ownership Issue Date: 10/16/1995 Expire Date: 10/31/2007 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications Class Description 0 GE_NERAL ENG_INEER_I_NG._CONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 661110998 in the ai $10,000 with the bonding company 0,G.YEAGER Co NS 1 RUCTION OQUIPANY http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 5/18/2006 License Detail Page 2 of 2 LINCOLN GENERAL INSURANCE COMPANY. Effective Date: 08/04/2004 Contractor's Bonding History * * * Workers Compensation Information This license has workers compensation insurance with the STATE COMPENSATIONINSURANC.E FUN.D__. Policy Number: 046-0009988 Effective Date: 01/01/2002 Expire Date: 01/01/2007 Workers._C—owensation._H_Istory Personnel List License Number Request Contractor Name Request Personnel Name Request ._....._.. ... ...__.. ..._........_ Salesperson Request Salesperson Name Request CD 2006 State of California.Conditions of Use Privacy Policy D.G.YEAGEP CONSTRUCTION COMPANY http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 5/18/2006 U RGR©UND SERVICE ALE1 �1 IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. 1 To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: for z a. r ..rya �.+ Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S CERTIFICATION* i HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low-Income Persons The bidder, under penalty of perjury,certifies that except as noted below, any person associated therewith in the capacity of owner,partner, director,officer,or manager(initial the applicable selections): Will ensure that 10%of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10%of its sub-contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub-contracts related to this project. Contractor: D.G. YE86L i i rr iL uut Contact Per , � Contact Ph e: Signed: Date: "Z w *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub-contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. Fy . itY.���"d��a u'✓9i1��JJ4J�tr.`!a C-11 ■�` • 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 12, 2006 Nobest, Inc. P. O. Box 874 Westminster, CA 92684-0874 Re: MSC-435-Construction of Curb Ramps at Various Locations Enclosed please find your original bid bond issued for MSC-435. Joan L. Flynn City Clerk JF:pe Enclosure g:/followup/cashcont/returnbidbond.doc procedure#13 (Telephone:714-536-5227) N }BEST INCORPORATED P.O. BOX 874 WESTMINSTER, CA 92684-0874R F. 7 2006 MAY 30 PM 1: 42 "k LLy' e"9 • AW-1 �� • 4 4 • E N • `S CTIO C PROPOSAL '�. for the CONSTRUCTION OF CURB RAMPS @ VARIOUS LOCATIONS MAINTENANCE SERVICE CONTRACT#435 in the i 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 g 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 60 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 t expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the a 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 MS- 435 Project Bid Schedue !JQ QUANITITY _ ITIEMwIT*11 ut IT PRICES w>I TTFN IN v►iol�S o` -[11YFf PRfCE ? TOTAL REMOVE/DISPOSE OF P.C.C. SIDEWALK(CURB RAMPS 12,500 INCLr)-.- 1 AT ��o ��C ,S PER SF REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS 2,500 INCL.) _ cxa 2 AT /C4� ��� ..-_� PER LF 2 lscx}" 1,350 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) 3 AT TW-KtF>� ��tC� PER Lf "�. S-©. CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT) cX 4 50 AT PER TONCa. - CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP 50 A88A ��' p �CafX . 5 AT e, y PER EA. G, ' PREPARE PRE-CONSTRUCTION CORNER RECORD AND 16 FILE WITH APPROPRIATE AGENCIES 6 AT � � j ✓c� � j/� r PER EA. �' , �� PREPARE POST-CONSTRUCTION CORNER RECORD AND �x 16 FILE WITH APPROPRIATE AGENCIES t,� 3 7 AT / j�ir��z/i , �.lli��S PER EA. Total Amount Bid in Figures: $ 2.5- Total Amount Bid in Words: C-2s If awarded the Contract, t4kndersigned agrees that in the event &e 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. i Accompanying this proposal of bid, find B0 ,Bolo in the amount of$ i which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). - Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 t *LIST OF SUBCONTRACTOR In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. t Portion Name and Address of Subcontractor State License Class of Work Number Ily 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 &NCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is �L iAL' T of the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder nature oVBiZter Address of Bidder Subscribed and sworn to before me this day of , 20 06. KAY E.ANDERSON V COW.01579M NorNnrPueuc-cxroa�r� n ORNM cotWW NOTARY PUBLIC *C—E*WnAft13,2= NOTARY SEAL C-4 i UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA t Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the i contract, known as the CONSTRUCTION OF CURB RAMPS @ VARIOUS LOCATIONS MAINTENANCE SERVICE CONTRACT # 435 (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor By .2&TI..DIz�T Title Date: "'.ZC�' C-5 DISQLQLIFICATION QUESTIONNAOE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ar'�To 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 COMPERATION INSURANCE CERTIOCATE 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 I employer to be insured against liability for worker's compensation or to undertake self- t insurance in accordance with the provisions of that code, and I will comply with such f provisions before commencing the performance of the work of this contract. t f Contractor By Title Date: C-7 UGROUND SERVICE ALER* IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. _ Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: L'Y-S m 17 ' U 2014 Contractor -- 7-Nr'�; 4 By Title Date: ' 'C) Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 'OBIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name , O 7 Business Address City, State Zip ! t ( 7i s' ) 89Z Telephone Number 3S�'GZZ- State Contractor's License No. and Class y/70 f Original Date Issued z1//s� Expiration Date The work site was inspected by _ //Gl� Z WS of our office on 512G , 200L The following are persons, firms, and corporations having a principal interest in this proposal: .C1eD[ D C-9 The undersigned is prepared t4atisfy the Council of the City of Hunt,410on 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. Rzffl Company Name Signat de Printed o Typed Signature Subscribed and sworn to before me this day of 'm , T9T,?ZO(P KAY E.ANDERSON F- comm.#1579663 n v aoranr �c.MFOP ► one couNrr NOTARY PUBLIC *C.E*N"'J—A2= eill 0.. - - 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: S 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-10 NOBEST INCORPORATED REFERENCE LIST 1. CITY OF ANAHEIM (MAINTENANCE DEPT.) $1,052,000.00 Project: Concrete Replacement Contact: Craig Allen Phone: (714) 765-6935 2. COUNTY OF LOS ANGELES DEPT. OF PUBLIC WORKS S 342,500.00 Project: Curb Ramp Replacement Contact: Ray Green Phone: (626) 458-3122 3. CITY OF HUNTINGTON PARK $ 400,000.00 Project: Street Resurfacing Contact: Pat Fu Phone: (323) 582-6161 Ext. #253 4. CITY OF MANHATTAIN BEACH S 647,700.00 Project: Pavement Rehab. Contact: Mike Guerrero Phone: (310) 802-5355 5. CITY OF GARDEN GROVE $ 222,000.00 Project: Concrete Replacement Contact: Joe Gomez Phone: (714) 741-5385 Bond No. Bid Bond BID BOND The American Institute of Architects, AIA Document No. A310(February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS,that we Nobest Incorporated as Principal hereinafter called the Principal,and Contractors Bonding and Insurance Company a corporation duly organized under the laws of the state of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee,hereinafter called the Obligee, in the sum of Ten percent(10%)of the total amount of the bid Dollars ($10% ), for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Construction of Curb Ramps @a Various Locations Maintenance Service Contract No.435 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 3rd day of May 2006 Nobest Incorporated Witness Princi a 1) By: �R e/Title Contractors Bonding and Insurance Company S�ty (Seal) Witness BY: Linda D.Coats Attorney-in-Fact ORSC 21328(5/97) ACKNOWLEDGMENT State of : California County of Orange On 5- Z�O O� , befpre me Ray E. Anderson/Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Publid') personally appeared Larry Nodland Name(s)of Signer(s) JK) personally known to me [] 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. KAYEANDERSON "0romm M,rC W 0 WITNESS my hand and official seal on"M Comm w�dvr•.a•�•,�a000 Signatu of Not is Place Notary Seal Above i LEDGMENT . CALIFORNIA ALL - PURPOSE ACKNOW State of California County of Orange On May 3, 2006 before me, Christine M. Rapp, Notary Public NAME,TTPLE OF OFFICER personally appeared Linda D. Coats NAME OF SIGNER(S) ® Personally known tome - or- Proved to me on the basis of satisfactory evidence to be the ❑ person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), AL OF, CHRISTINE M.RAPP C14 V14 COMM.#1494518 X and that by his/her/their signature(s) on the instrument the Y o NOTARY PUBLIC-CALIFORNIA X person(s), or the entity upon behalf of which the person(s) ` ORANGE COUNTY N acted, executed the instrument. °ScrF My Comm Expires JULY 9, 2008 WITNESS my hand and official eal. (SIGNATURE O 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/OWNER ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR EN n-Y(IES) ve a°e e o o e o o�oo e o ae o e°s, ° o 4°O'eoe�•e evo 000°ate'a°o e�fir'eo o°o�•�o a o°o� °o e° a e°o o���o°°0 00 0 0' oe a e °o�o oo_�e°see a°e o'o o��bc°e c o®.fie o00°¢' B°0°°�B °'sue••°°e o00 0°o®moo°oe o°°°°�� °e°o°o°o e'�o°°°°4°0 0°°0�0°a°o°°o°oo°o��o°°Oo°c o°�� o°ZO c°e9�•°o o°c ea OOo 00o e°u eeo°o 0°0°0°moo°o a°o o°w�°oe a°°o°a o°000 os o°o°o o°e�ea oo°®0°0°0 Prpooe�Ro o°q°e�r°o°°°pQ040®OOa gd�o00ge 0e¢a�1�6�°°000�wa°p°o°p°°odo°d oaw_a0000 eo°°weo o°eooe°awe°Oo oo e¢o wo°pe°Ooe opeM o°y eeo 0o°¢ a ooe°°owa9 aoe0°¢wa eoo0a *Qe eaoa0°nwr°a 0e0 Poe°e°aey.aeq°°009P00°pos°°°°4°00°b°°°e:o06°0°d°00°Q_e a°.ov°o o0oe°°°q°e®e°pe0°op°ems Q°p°p°r°0°0°o°o se�oe�e°o°e°o°o°oo°e�a oe 0°0°o°o°9i°°.r°q°°0°o°o°o°eo°°o°0°00°0°0°0°9°Pp°owe°00°rOP°0°Op°oeo°0°0°0°9°0°e0°°ewe Od0°0°4°OppOn�pa°°°e p°°Q°0 ...?p9P°P°P'4°°a°.....°4°9°9°P°P°i°v6......°....°i°i°v6°'°aN°9°9°9°P°P°P°°° °9'9°9°9° e°°a°ee e c o o ♦♦F 4°0°o°o°eosd- • �000°o°epep 00006 s- e 0 d edode°o,� 1 ma , do o°°°sRog9 �eq QgaO> pO 06o6f O.M. �tll!11 °6 eq¢ oe ae °a 0°0°e°0 000� �e ove°e°006 9e°p°OdPOos odpOgO 9 0 OOq oo ea OOeee �oaq ao 00 e400eoe, d o e o Deer a°e°o°e°O�e OpO�po vo0�� O egoe°oe006 ° °fie°09 pgo READ CARFILLY to `be used only with th e boizd specified herein, °Ilf� e°'a d9�e9v o_ v0°0 0 e 9 0 0 0 � • • • •. • • 1 • 1 1 c°°4°C°0 Opeeoo o s- • !' • 0 • s 1 _ 1 ! @ • Ao ee a°p°a e a0eeoo • - • 1 ! • _ 1• 1 - 1 • !" - ! !' 9 �e°Oe a°0°0 °C°e°e°o°eoo-v o oe p 0 0400°Ana s �0esoo O°0° eq°ve f f • • ! ! !" 1 ! • "! • 1 @ 1 ! !" e • •" f 0 8 a'0 p0 p° ie v oad°eyeg0 Ega6 a • ee 1 -f e • e- / •ee.•e 06���� 0°p0ee0 v eeo do d 0°0°d°e oeo o�°v0°e°e°0 COa6 a®eo °00°9°0°eap�o,® • 1 _ •_ °•_ _ _ • �_ _ - �06�o0o6q�0'QO dq�qao • •• - • ,-61 ee° > • AeoeQa� d°e°0°e°o O® - - - -_• _ _ }• - - - i = - - - �uQ Qdpo0o00 Q000°e°O eaod eed o0 0090 �•. 0 1 1■ 6 _ s°0°e a°eo" .• • - •- - _• - •1 1 @ 1 1 1 1 - • . - Qt?0000°e° d0eeee� - Yoeo°eeo °°Od°890° °J°C°eaoo o�' _ _ - • - • - eo a a e p rpOayQo es �p a e000o ii 1•e ape°o q°e Des ®• - o' e In oov0°o Q�v • •° _e�pedep°o f �1•, e i° s o od eq� °°e6°e� 4eodei Opap°e°o ba m�o�po a 09 0°y Oee Od0° +a O�`tl �o000g1p0 6e006 o e- �e L06e0¢om_ moo e Lo o Oe s o°vogevev000 e eye oe°00 90 0 pn° 0 9oP a ° OOe6 oe�e o°00 °°eeo°e o°.eod e e p4aaoo °Qoe00de 1- f / f • / / + • f ! • f •o a°p�qa _ o ee�d °o 4°0°0°0 0 0 0 e e,°ev f / • � p00poe ao s. 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