Loading...
HomeMy WebLinkAboutStates Link Construction, Inc. - 2011-02-07 IREC V BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office e) a after signing/dating C� (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: , City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I I have received the bonds for ompany Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. � 0 Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. LApproved 0/ Agenda Item No. � (Council Approval Date) City Clerk Vault No. #27 g:/followup/bondletter.doc RECEIVED BY: / / CITY CLERK RECEIPT COPY ��✓,� fi' / Return DUPLICATE to City Clerk's Office (Name) ' t u_ after signing/dating (Date) f CITY OF HUNTINGTON REACH �INTER®EPARTMENTAL COMMUNICATION i TO: -Shari=Freidenrich; City Treasurer FROM: Ile DATE: SUBJECT: Bond Acceptance I have received the bonds for,- )77)12 C c� i � l,L-'( a°(/. iN c�°,�7��J IAJ0 (Company Name) 1 Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. F CC No. 1. MSC No. Approved Agenda Item No. (Council Approval Date) ` City Clerk Vault No. A" , 7) #27 g:/followup/bondletter.doc City of Huntington Beach INTER-DEPARTMENT COMMMUNICATION HUN TING TON BEACH TO: THOSE LISTED HEREON FROM: Duane D. Wentworth DATE: 1/3/2012 SUBJECT: Retention Release Payment Company Name: States Link Construction, Inc. Address: 5825 Lincoln Ave. #212 City, State and Zip Code: Buena Park, CA 90620 Phone Number: (714) 644-9957 Business License Number:A227222 Local Address: Notice of Completion Date:10/18/11 Contract Purpose: Edison Community Center Improvements Phase 1 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this ti e. Date � v Travis K. Hop ins, Public Wor s or I certify that there are no outstanding invoices on file. I lei I a- P.r 1 Yl A� Date Jo ce Zacks, puty 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. / 2�o /G — (D'�nj �' - ate Jo n Flynn, Oity Clerk 1346 Retention Release 1/3/2012 11:07:00 AM This Document was electronically recorded by PLEASE COMPLETE THIS INFORMATION City of Huntington Beach RECORDING REQUESTED BY: Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder IIIII III II I IIIII IIIII 111111111111111111111111111111111 NO FEE 2011000519500 01:28pm 10/18/11 WHEN RECORDED MAIL TO: 93 401 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CITY OF HUNTINGTON BEACH Attn: Duane Wentworth P.O. Box 190—2000 Main Street Huntington Beach, CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to States Link Construction, Inc.who was the company thereon for doing the following work to-wit: EDISON COMMUNITY COMPLEX-PHASE 1, CONSTRUCTION CONTRACT-1346 That said work was completed October 14, 2011 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on October 14,2011, per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract Allegheny Casualty Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this October 18,2011. �ire for of Pblfc Works or City Engineer ity of Hun ngton Beach, California STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Record f Orange County. Dated at Huntington Beach, California,this October 18,2011. O'DirectorofP ic Works or City Engineer This document is solely the official business of City of Huntington Beach,California the City of Huntington Beach, as contemplated under Government code section. 6103 and should be recorded free of charge. THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) CONTRACTOR'S RACTOR'S CERTIFICATE I, Hassoun Alabed state and certify that: (Name of Declarant) 1. States Link Construction, Inc. is the general contractor to the City of Huntington Beach ("City') on Contract No. CC-1346 (the "Contract") for the construction of the public work of improvement entitled: CC-1346,Edison Community Complex Project Phase 1 (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 Huntington Beach, Ca on this 3rd day of January ,2012 . w. (Si of of Declarant) APPROVED AS TO FORM By: s/t-7/a -11J 3• Zo•�� Name: [Type Name] Title: [Type Title] 1 245914.1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: CC-1346, Project: Edison Community Complex Project, Phase 1 21377 Magnolia Street Huntington Beach, Ca 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 3rd day of January ,2012 , at Huntington Beach , California. States Link Construction. Inc. (Ty v.Go ctor Name) By: Hass un Alabed / Presid t JjLW Name: [Type Name] Title: [Type Title] R A RNEX -CIO 1 245911.1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O.Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: CC-1346, Project: Edison Community Complex Project, Phase 1 21377 Magnolia Street Huntington Reach, Ca 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 3rd day of January ,20112, at Huntington Beach ,California. States Link Construction Inc. (Type Contractor Name) Name: [ ype Name] Hassoun Alabed/President Title: [Type Title] T%Eow CITY ATTORNEY -TtS o3•ab •� 1 247542.1 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) 0 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: , City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for —s ompany Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. J�� O Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved 0/ Agenda Item No. (Council Approval Date) City Clerk Vault No. , L-D #27 g:/followup/bondletter.doc WAL MAINTENANCE BON® ISSUED IN TWO ORIGINAL COUNTERPARTS COUNTERPART NO. I OF BOND NO. 0552846 KNOW ALL MEN BY THESE PRESENTS: That: States Link Construction, Inc. rcontractor's name] 5825 Lincoln Ave.,.#212, Buena Park, CA 90620._ [contractor's street address,city and state and zip code} as Principal(hereinafter called Contractor),and: Allegheny Casualty Company [surety'snamel P.O. Box 15260, Newark, NJ 07101 [surety's street address,city and state and zip code] a corporation organized and existing under the laws of the State of Pennsylvania with its principal office in the.City of Newark, NJ as Surety (hereinafter called Surety), are held Pi rmly bound unto CITY OF HUNTINGTON BEACH as Obligee(hereinafter called Owner), in the amount of Seven Hundred Ninety Thousand Two Hundred Fifty Nine and 18/100 Dollars ($790,259.18 }, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents, WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for the . Edison Community Compl ex.Project - Phase 1 in accordance with drawings and specifications prepared by which contract is by reference made a part hereof(hereinafter referred to as the Contract); and WHEREAS, the Contract provides that the principal will guarantee, fora period of one year, the work performed as part of the Contract from and against all defects in materials and workmanship;and WHEREAS, the Contract,also.provides that the Contractor shall secure Contractor's obligations during the one- year period with a bond executed by a surety duly admitted in the state of California; and WHEREAS, the Contract has been completed, and the Owner, Contractor and Surety agree that the commencement.date for this Guarantee and Bond shall be October 18 ; 2011 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shall be null and void; otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall. be, and declared by Owner to be in default under the Contract; the Surety shall, within thirty (30) following Owner's written notice of default, either: (a) remedy the default, or(b) shall promptly complete the Contract in accordance with its terms and conditions. Surety shall save the Owner harmless from any claims, judgments, liens or losses arising from the Surety's failure to either remedy the default or to complete the Contract in accordance with its terms and,conditions in a timely manner. Whenever the Principal shall be, and declared by the Owner to be in default under the Contract, which shall include without limitation, any breach or default of the Contract, then, after written notice from the Owner to the Surety, as provided for below, the Surety shall either: (a) remedy the default or breach by the Principal.; or(b) shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal, at its own expense, and make available 1 10 2567/50583 as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder; provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner. Within thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, it shall be the duty of the Surety to giVe to the Owner 'a notice, in writing, of the Surety's election to (a) remedy the defauit(s) of the Principal promptly, or (bj arrange for performance of the Contract promptly by a contractor other than the Principal, time being Of essence to this Bond. In said Notice of Election, the Surety Shall state the date of commencement of its cure or remedy of the Principal's default(s) or its performance of the Contract. The Surety's obligations for cure or remedy; include but are not limited to; correction of defective work and completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to act; and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance by the Principal). The. Surety shall give prompt written notice to the Owner upon completion of the cure or remedy of the Principal's default(s)of its performance of the Contract. If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's default(s) of its performance of the Work within thirty(W)days after receipt of a written notice,from Owner.Surety shall. be deemed to be in default on this bond, and the Owner shall be entitled to enforce any remedy availa le.to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the successors of Owner. Signed and sealed this 23rd day of November ,2011 Principal Raised.Corporate Seal States Link Construction, Inc. [MUST BEAFFIXED] (Contractor Name) 1 L5 B ` _ ----- (Seal) Principal Raised Corporate Seal A-k!o o,-, [MUST BE AFFIXED] (Title) Allegheny Casualty Company u ty Name) (Seal) Julia Cladding, Attorney-in-Fact NOTES: 1. Acknowledgments must be completed and returned as part of the bond. VED AS TO FOPM 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. cGRATH,City Aftor&Zy 2 10-2567/50583 Tel(973)624'7200 POWER OY ATTORNEY ��ALLEGHENY CASUALTY COMPANY HOME OF)ICE::ONE NEW ARK CENTER,20TH fLOOR 1 SSUED IN TWO ORIGINAL COUNTERPARTS NEWARK;NEW JERSEY: 07102-5207 COUNTERPART NO,:,'' OF Z BOND NO. 0,552846 KNOW ALL MEN BY THESE PRESENTS:,,,.,` That ALLEGHENY CASUALTY COMPANY, a corporation organized and existing pursuant to the laws of the State of Pennsylvania,;and bay' its princial office in the ICity of Newark,New Jersey,.,does hereby constitute and appoint JULIA B.`CLADDING, KENNETH A:COATS Riverside, CA .... . its true and lawful attomey(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other wntings:.obligatory in the nature thereof,which are or may be;allowed,required or permitted by law, stature,rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon ,the said .ALLEGI NY CASUALTY COMPANY,' as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorneyy__�i�s executed and may be revoked,pursuant to and b authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting called and:held on the 7th day of February, 1974. The power of attorney is granted under and by authority of the following resolution adopted by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August,2000. RESOLVED;that(1)the President,Vice President.,or Secretary of ALLEGHENY CASUALTY COMPANY shall have the power to appoint,and to revoke the appointments of,Attomeys-in Fact or agents with power and authority as defined or limited in their respective powers'of attorneyy,and to execute on behalf of the Company and affix the Company's seal.thereto,bonds,undertakings,recognizances,contracts of indemnity and other written obligations in the nature thereof of related thereto and(2)any such`Officers of the Company may appoint and revoke the appointments of joint-control custodians,agents for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Company;and(3)the.signature of any such Officer of ALLEGHENY CASUALTY COMPANY and the Company seal maybe affixed by;facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract ofindemnity or other written: obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter,being hereby adopted by the Nnipany as the original signature of such officer and the original seal of the Company,to be valid and binding,upon the Company with the same force and effect as though manually affixed. GpSUAL7y IN TESTIMONY WHEREOF,ALLEGHENY CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 12th day of November,A.D.2009. ALLEGHENY CASUALTY COMPANY 1936 a : STATE OF NEW JERSEY "County of Essex Secretary On this 12th day of November 2009,before me came the individual who executed the preceding instrument, to me personally known,and,being by me duly sworn, said the he is the. therein described and authorized officer of the ALLEGHENY CASUALTY COMPANY; that the seal affixed to said.instrument is the Corporate Seal of said Company; that the said Corporate Seal.and his signature were duly affixed by order of the Board of Directors of said Company. }`gaggqt�xrrrrrr° \Ay>V, 'f+11 IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official SealZ. at the City of Newark,New Jersey the day and year first above written. •'�d°fjPAO + ti�rs`Q A NOTARY PUBIIC OF NEW JERSEY CER IFICATION My Commission Exgires March 27,2014 I, the undersigned officer of ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and.affidavit,and the copy of the Section of thP By-Laws of said Company,as set forth in said Power of Attorney,with tlra ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that:the same are correct transcripts thereof;and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect qq IN TESTIMONY WHEREOF;I have hereunto set-my hand this day of � 20 Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 c (F State of California ) County Of Riverside On NOV 2 3 2011 before me, Stephanie D. Montague, Notary Public Date Here Insert Name and Title of the Officer personally appeared Julia B. Gladding` Names)of Signer(s) r who proved to me on the basis of satisfactory evidence to be the person(.0 whose name(s) is/efe subscribed to the within instrument and acknowledged STEPHANJE Q.MQNTAGUE COMM.#1854652 to me that -I�et�she/# executed the same in _ 9 +dsterfhelr authorized capacity#as)r and that by Q ' NOTARY PUBLIC-CALIFORNIA Cl) RIVERSIDE COUNTY -Ws/her r signatures on the instrument the My Comm.Expires June 18,2013 persor►a)-, or the entity upon behalf of which the persont`s+acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha and official seal. Signature: Place Notary Seal Above OPTIONAL Signature of Notary b I Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: 4 4 Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): ❑Corporate Officer— Title(s): ❑ Individual ❑Individual ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner—❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator 0 Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: � y 0 2010rNational.Notary Association•NationalNotary.org•1-800•US NOTARY(1-800-876.6827) Its #5907 Council/Agency Meeting Held: '? 3: Deferred/Continued to: *Apprpyed ❑ Conditionally Approved ❑ Denied �C' ler 's Sign o ure Council Meeting Date: August 15, 2011 Department ID Number: CS 11-015 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works Paul Emery, Deputy City Manager/Interim Community Services Director SUBJECT: Approve additional contingency funds for the Edison Community Center and Youth Sports Complex, Phase 1, Park Improvements Project, CC-1346 Statement of Issue: The Edison Community Center and Youth Sports Complex, Phase 1, Park Improvements Project, CC-1346 is nearing completion. An increase in contingency funding is needed to address unforeseen sub-surface conflicts and modifications to the irrigation system. Financial Impact: The overall project was approved as part of the FY 2010/11 Capital Improvements Program. Sufficient funds are available in the grant to cover the requested $50,000. Recommended Action: Motion to: Approve an increase in appropriations of $50,000 in business unit 95945101 for additional contingency funds for the Edison Community Center and Youth Sports Complex, Phase 1, Park Improvements Project, CC-1346. Alternative Action(s): Do not approve the additional contingency funds and direct staff on how to proceed. Item 19. - I HB -342- REQUEST FOR COUNCIL ACTION MEETING DATE: 8/15/2011 DEPARTMENT ID NUMBER: CS 11-015 Analysis: On February 7, 2011, Council awarded a construction contract to States Link Construction, Inc. CC-1346 in the amount of $696,300. Phase 1 of the Master Plan improvements include a new parking lot and drop off area situated between the Magnolia Fire Station and the Edison Community Center as well as re-grading to allow for three (3) lighted practice soccer fields. Construction of these improvements is nearly complete. The proposed increase in construction contingency funding is needed due to numerous sub- surface conflicts that were not detected during the plan development process. Conflicts include interfering abandoned pipes and buried concrete debris that required removal to fit the grades and configuration of the approved plans. Additionally, the original project plans anticipated the use of the existing irrigation system with slight modifications. Based upon actual site conditions, the entire irrigation system had to be re-designed, which required significant modifications including additional heads, pipelines and control valves within the practice fields and surrounding areas of the parking turn-around. Some of these changes are the result of reducing the project from a large scale project to a smaller project resulting in some of the improvements not showing on the final plans. In conclusion, staff feels that these improvements are warranted at this time to minimize any future disruptions and impacts to the park improvement project. With the addition of the $50,000.00, the resulting construction contingency for the project is 17%. Sufficient funds to cover the additional $50,000.00 area available in the overall project budget which includes State grant funds for entitlements, design and construction. Public Works Commission Action: The Public Works Commission reviewed and unanimously approved the original project on September 15, 2010. Do to the urgency of this item, staff requests for City Council to consider this item without Public Works Commission action. The Public Works Commission Chair was notified regarding this request and was in agreement. Environmental Status: The project was conditionally approved under Mitigated Negative Declaration No. 08-001 and Conditional Use Permit No. 08-004. Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Attachment(s): N . e 1. RCA No. PW 11-008 — Award Construction Contract for Edison Community Center and Youth Sports Complex, Phase 1, Park Improvements Project, CC-1346 HB -343- Item 19. - 2 ATTACHMENT # 1 Item I9. - 3 Hu ..». t 7- T. Council/Agency Meeting Held:_ D� Deferred/Continued to: *AD roved ❑Conditionally Approved L) Denied Cl r 's Sig ure !7=Q — ] Council Meeting Date: February 7, 2011 TDepartment ID Number: PW 11-008 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works Paul Emery, Deputy City Administrator SUBJECT: Award.Construction Contract for Edison Community Center and Youth Sports Complex, Phase 1, Park Improvements Project, CC-1346 Statement of Issue: On January 11, 2011, bids were opened for the Edison Community Center and Youth Sports Complex, Phase 1, CC1346 Park Improvements Project. Staff requests that the City Council award the contract to States Link Construction, Inc., the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of $1,034,835 are budgeted for this project in the Park Acquisition and Development Fund, Account No. 20945101. Recommended Action: Motion to: A. Approve the project plans and specifications for the Edison Community Complex, Phase 1, CC-1346; B. Accept the lowest responsive and responsible bid, submitted by States Link Construction, Inc. in the amount of$696,300.00; and C. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Do not award the contract to States Link Construction, Inc. and direct staff on how to proceed. HB -345- Item 19. - 4 REQUEST FOR COUNCIL ACTION MEETING DATE: 2/7/2011 DEPARTMENT ID NUMBER: PW 11-008 Analysis: In 1999, as part of the Community Sport Facilities Inventory and Needs Assessment Study, City Council approved nine Policy Recommendations to address the need for sports fields and youth sports facilities. Policy Recommendation #1 included the reconfiguration of Edison Community Park to create additional lighted youth sports fields. Proposed Field Space Improvements - The existing layout of the turf areas at Edison Park provide limited opportunities for youth sports organizations. By reconfiguring portions of the park, additional lighted practice areas and field space can be created. The goal of the plan is to create four(4) additional practice fields and one (1) regulation size multipurpose field. The existing chain link outfield fences at each of the softball fields will need to be removed in order to accommodate a regulation size field as well as provide other lighted turf area that can be used for practice. The turf area of the SCE easement will also include three practice areas lighted from poles placed on the city-owned portion of the park. Other Site Improvements— Based on the city's parking standards and the design consultant's computation, additional parking spaces will be needed to accommodate existing park uses and the proposed additional amenities. To accommodate the additional spaces, the existing parking lot will be reconfigured and expanded to the northwest section of the park. A new lot and turn around drive will be created between the community center and the Magnolia Street Fire Station. Two additional lots will also be added adjacent to Hamilton Avenue, on the SCE easement property. Additional improvements included in the conceptual plan are two bocce ball courts and five art elements. The concrete area between the community center building and tennis courts will also be enhanced with additional landscape. A skate park area is part of the master plan of improvements. However, it will be processed as a separate project. Phase 1 Project - Due to limited funds, the Master Plan improvements will be constructed in phases. Phase 1 includes a new parking lot and drop off area situated between the Magnolia Fire, Station and the Community Center as well as re-grading to allow for 3 practice soccer fields. The conceptual plan for reconfiguration of Edison Park was approved by the Community Services Commission as part of a May 10, 2006, Public Input Meeting. On December 18, 2006, the City Council approved the Master Plan as well. Bids for Phase 1, were publically opened on January 11, 2011. The verified bid amounts are listed below: Item 19. - 5 HB -346- REQUEST FOR COUNCIL ACTION MEETING DATE: 2/7/2011 DEPARTMENT ID NUMBER: PW 11-008 Bidding Contractor Bid Amount (Basis of Award) 1. States Link Construction, Inc. $696,300 2. CS Legacy Construction $720,463 3. Rancho Pacific Engineering, Inc. $734,000 4. Wee er Brothers $777,688 5. Environmental Construction $792,362 6. KASA Construction, Inc. $797,000 7. G Coast Construction, Inc. $845,000 8. Bau hton Construction $870,707 9. Pima Construction $874,300 10.Western Group $888,800 11. Elite Landscaping, Inc. $912,732 12. MSH Construction Co., Inc. $919,889 13. Ocean State Development $949517 14. USS Cal Builders $998,000 15. UCCI $1,150,000 16. Southland Construction $1,198,000 Staff has verified that States Link Construction, Inc. is both responsive and responsible and recommends award of the construction contract in the amount of $696,300. The total estimated project cost is $840,000, which includes the construction contract, project management, contingencies, and supplemental expenditures Public Works Commission Action: The Public Works Commission reviewed and approved the project on September 15, 2010, with a vote of 5-0-2 (Kirkorn and Spencer absent). (Environmental Status: The project was conditionally approved under Mitigated Negative Declaration No. 08-001 and Conditional Use Permit No. 08-004. Strateciic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Attachmengs�: • • • 1. Location Ma xB -347- Item 19. - 6 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH • INTERDEPARTMENTAL COMMUNICATION TO: -SharirFreidenri-Ch—, City Treasurer FROM: DATE: / /r °�!/ SUBJECT: Bond Acceptance I have received the bonds for �--�'�7T":S t_�h1K` �.'lJ�I��C-���.J. /�.� �, ' (Company Name) Faithful Performance Bond No. Labor and Material Bond No. 41,:57 Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. 112) MSC No. Approved 5 / ,/Iv/ Agenda Item No. (Council Approval Date) F z City Clerk Vault No. #27 g1followup/bondletter.doc CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND States Link Construction,Inc FOR Edison Community Complex Project-Phase 1 TABLE OF CONTENTS Page No. 1. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 7 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 11 15. WITHHELD CONTRACT FUNDS,SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION,DEFENSE,HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 14 21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT&TERMINATION 16 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS,ESTIMATES AND OTHER 17 26. NON-ASSIGNABILITY 17 27. CITY EMPLOYEES AND OFFICIALS 17 28. STOP NOTICES 17 29. NOTICES 18 30. SECTION HEADINGS 18 31. IMMIGRATION 19 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 19 33. ATTORNEY'S FEES 19 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 20 36. DUPLICATE ORIGINAL 21 37. CONSENT 21 38. SURVIVAL 21 39. MODIFICATION 21 40. SIGNATORIES 21 41. ENTIRETY 21 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND States Link Construction, Inc. FOR Edison Community Complex Project-Phase 1 THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and States Link Construction, 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 Edison Community Complex Project-Phase 1 in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged,the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or g/agree/surfnet/cityconst I of 22 5/10 be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; g/agree/surfnet/cityconst 2 of 22 5110 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/surfnet/cityconst 3 of 22 5110 "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 Six Hundred and Ninety Six Thousand,Three Hundred Dollars ($ 696,300.00 as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within sixty 6o consecutive working from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. g/agree/surfneUcityconst 4 of 22 5110 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the g/agree/surfnet/cityconst 5 of 22 5110 changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten(10) days of filing of the Notice of Completion. g/agree/surfnet/cityconst 6 of 22 5110 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto 'that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, g/agree/surfnet/cityconst 7 of 22 5110 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 g/agree/surfnet/cityconst 8 of 22 5110 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed,notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement,whether or not changed as g/agree/surfnet/cityconst 9 of 22 5/10 a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT,if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. g/agree/surfnet/cityconst 10 of 22 5110 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent(10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, 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 contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the g/agree/surfnet/cityconst 11 of 22 5110 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone g/agree/surfnet/cityconst 12 of 22 5110 directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. g/agree/surfnet/cityconst 13 of 22 5/10 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention without the express written consent of CITY; however an insurance policy"deductible"of$5,000.00 is permitted. 21. CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney g/agree/surfnet/cityconst 14 of 22 5110 evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty(30)days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten(10) days of receipt of such claim or claims. g/agree/surfnet/cityconst 15 of 22 5/10 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, g/agree/surfnet/cityconst 16 of 22 5110 and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead,profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations,maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein,without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of g/agree/sudhet/cityconst 17 of 22 5/10 One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach States Link Construction, Inc. ATTN: Duane D.Wentworth 5825 Lincoln Avenue,#212 2000 Main Street Huntington Beach, CA 92648 Buena Park,CA 80620 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, g/agree/surfnet/cityconst 18 of 22 5/10 define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing 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 g/agree/surfnet/cityconst 19 of 22 5110 jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. g/agree/surfnet/cityconst 20 of 22 5110 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 41. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, g/agree/swfnet/cityconst 21 of 22 5110 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ��Z36 U Ak 7 d 720�. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal c io a State of California Sta ink Construction, Inc. ° — --- -C-- — yor By: 1-�c�,�f7, ra t�-vr 'a I� J ity Clerk /flu print name INITIATED AND APPROVED: ITS: (circle one)Chairma residen ice President AND Director o ut Works By: 6`f� ` _ REVI ND APPROVED: �i print n ITS: (circle one Secretary hief Financial Officer/Asst. C1 Administrator Secretary-Treasure APPROVED AS TO FORM: r City Attorney g/agree/surfnet/cityconst 22 of 22 5/10 '/AJ r �xITI x3lT SECTION C PROPOSAL, for the EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE I j CC No. 1346 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 E `s 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. k I i I 's C-1 i i 's r - ± If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. SCHEDULE OF PRICES e BASE BID � r r IY. ;Desiirii" ls'tuha'ted ` 'i - _ Eateided ' :oun ":: nr; ■'�q��j ,4,= +c rt. -:t_ •'C.' _V.S:F.4k,a+:.t S- .'ter.':• 'i•- k Construct Edison Park,1 Phase 1,CC1346 1 LS $ 6, 3 3 TOTAL AMOUNT OF BASE BID: I"`' 'u WORDS: k `[' p 1 cI DOLLARS AND CENTS l/l. V�N'w•�� v\4l,`� J�!�- �`V f.���x.11���Al�.� ,Y�-b�Q. Yv�W`V����.�'f E i i Accompanying this proposal of bid, find Bidder's Bond in the amount of$ %10 of Bid which I said amount is not less than 1011/o of the aggregate of the total bid price, as required by the Notice Inviting Seated 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 S nature i 1 1/4/2011 - -__-- i 2 i tEt i E! Y i C-2 f 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 or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. j i Portion Name and Address of Subcontractor State License Class of Work Number J 13 6 t_ y' i f i 1 5 7 f 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. i 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds fiarnished by subcontractor for this project. i t I Cz 3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Bas ar Tohmeh , being first duly sworn, deposes and says that he or she is Secretary of States Link Construction. Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by ` agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. States Link Construction, Inc. Name of Bidder Signature of Bidder 5825 Lincoln Ave., #212 Buena Park, CA 90620 Address of Bidder { r Subscribed and sworn to before.me this i day of , 201L. DIX k G. TOHMEEH f COMM. #1831983 z Notary Public - California � ---- z o Orange County M Comm.Expires Jan, 19,2013 s NOTARY PUBLIC NOTARY SEAL I i C-4 f 1 a 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 EDISON COMMUNITY COMPLEX AND YOUTH SPORTS ' COMPLEX PHASE I, (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. i 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. ! t States Link Construction, Inc. Contractor By Hassoun Alabed ! President Title 1 €i f i i i Date: 1/10/2011 s' 4 LL EF E C-5 i DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Cl Yes Od No If the answer is yes,explain the circumstances in the space provided, i i i z l t 1 yi 4 Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 4 i i f 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. f 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. States Link Construction, Inc. Contractor By Hassoun Alabed President Title Date: 1/10/2011 i E 1 1 i L 1. 1 C-7 � f t i r f UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY, Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 or 1-800- 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: i E E 1 t i I t Note: This form is required for every Dig Alert Identification Number issued by U.SA. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 i i f 4 f t BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: States Link Construction, Inc. Bidder Name 5825 Lincoln Avenue, #212 Business Address Buena Park CA 90620 City, State Zip �714 644-9957 Telephone Number 589415 A & B State Contractor's License No, and Class 3/31/1990 Original Date Issued 3/31/2012 Expiration Date The work site was inspected by Hassoun Alabed of our office on 1/4/ 20 1 The following are persons,firms, and corporations having a principal interest in this proposal: Hassoun Alabed President& Treasurer Bashar Tohmeh V.P. & Secretary C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. States Link Construction Inc. Company Name L:�V- -C' — Signature o Bidder Hassoun Alabed Printed or Typed Signature Subscribed and sworn to before me this U' day of ,2011 DIANA G.1'OHMEN COMM. #1831983 z Notary Public .California o c z Orange County aN, My Comm.Expires Jan, 19,2013j NOTARY Pi BL1C NOTARYSEAL 3 Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: See Attached List*** Name and Address of Public Agency Name and Telephone No. of Project Manager: 3 I s Contract Amount Type of Work Date Completed i 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: I 5 Contract Amount Type of Work Date Completed i t i C-10 r a 00 } STA TES LINK CONSTR UCTION, INC. CONTRACTORS.ENGINEERS REFERENCES: -Foothill Transit,100 South Vincent Ave.,Suite 200,West Covina,CA 91791 Contact: Michael Badders, P. E., Construction Manager, Cell: (714)290-9309 • Proiect: Arcadia Bus Maintenance Facility Expansion • Completion date: June 30,2009 Contract Amount:$2,916,988-Adiusted Amount:$3,055,097 • Architect: JUBANY NAC ARCHITECTURE • Contact: Jackson Huang Tel. (323)859-3100 Bonded By: Travelers Casualty and Surety Company of America -City of Santa Ana,Department of Public Works,P.O.Box: 1988/M-22,Santa Ana,CA 92702 • Contact: Terrence Dougherty,City Inspector, Tel. (714)615-0891 • Proiect: El Salvador Park Community Center • Completion date: June 01,2007 Contract Amount:$1,299,000-Adiusted Amount:$1,528,000 • Architect: City Engineering • Contact: Tyrone Chesanek Tel. (714)647-5045 Bonded By: Travelers Casualty and Surety Company of America -Saddleback Valley Unified School District,25631 Peter A.Hartman Way,Mission Viejo,CA 92691 • Contact: Tom McKeown,Project Coordinator, Tel. (949)580-3239 • Proiect: O'Neill Elementary School—Expansion of Teacher Workroom. • Completed: January 9,2007 Contract Amount:$468,000-Adiusted Amount:$514,856 • Architect: LPA Architect,5161 California ave.,Ste. 100,Irvine,CA 92612 • Contact: Renee Kruse Tel. (949)261-1001 Bonded By: Travelers Casualty and Surety Company of America -City of Long Beach,Department of Public Works,333 W.Ocean Blvd.,Long Beach,CA 90802 • Contact: Sandra J.Gonzalez,Project Management officer,Tel. (562)570-6459 • Management:CBM Consulting,Inc.,Alan Braatvedt Tel. (310)329-0102 • Proiect: Admiral Kidd Park—Teen Center • Completed: January 6,2007 Contract Amount:$1,963,549-Adiusted Amount:$2,235,420 • Architect: Ron Yeo,FAIA ARCHITECT,500 Jasmine Avenue,Corona Del Mar,CA 92625 • Contact: Ron Yeo Tel. (949)644-8111 • Bonded By: Travelers Casualty and Surety Company of America -Huntington Beach Union High school District,10251 Yorktown Ave.,Huntington Beach,CA 92646 • Contact: Susi McLane Tel. (714)964-3339 • Proiect: Huntington Beach High School Modernization—Contract 2 • Completed: Completed July V,2005 Contract Amount:$1,379,800-Adiusted Amount:$1,388,786 • Architect: Y'DEEN/ASSOCIATES,ARCHITECTS,3350 East Bich Street,Suite 201,Brea,CA 92821 • Contact: Tom Pezzuti Tel. (714)524-6396 • Bonded By: Travelers Casualty and Surety Company of America -Fontana Unified School District,9680 Citrus Ave.,Fontana,CA 92334 • Contact: Domenick Santilli Tel. (909)538-3544 • Proiect: Live Oak&Redwood Elementary Schools—Kitchen Remodel and Storage • Completed: December 10,2004 Contract Amount:$480,000-Adiusted Amount:$543,252 • Architect: HMC Group,3270 Inland Empire Blvd.,Ontario,CA 91764 • Contact: William H.Fergus Tel. (909)989-9979 • Bonded By: Travelers Casualty and Surety Company of America • DSA Inspector:Sk Inspection Service,Sonny Kyi(909)553-3584 18600 Main Street,Suite 260,Huntington Beach,CA 92648•Tel: (714)848-4899 9 Fax: (714)848-5048 -Fullerton School District,1401 west Valencia Drive,Fullerton,CA 92833 • Contact: Kelvin Okino,Construction Management,Bernards Bros.,714-446-0673 • Proiect: Maple,Richman&Woodcrest E.S.,Wave 4,Group 1 Maint.Upgrades • Completed: October 12,2004 Contract Amount:$996,000-Adiusted Amount:$1,241,033 • Architect: PJHM Architects,647 Camino De Los Mares Suite 201,San Clemente,CA 92673 • Contact: Patrica Neely Tel. (949)496-6191 • Bonded By: Travelers Casualty and Surety Company of America • DSA Inspector:Kelly Inspection Service,Kelly(714)949-395-2910 -Norwalk-La Mirada Unified School District,12820 Pioneer Blvd.,Norwalk,CA 90650-2894 • Contact: Vince Marchetti Tel. (562)868-0431 ext.2187 • Proiect: Huerta Multipurpose Room Addition. • Completed: May,2003 Amount:$1,202,916 • Architect: L P A,Inc.,17848 Skypark Circle,Irvine,CA 92614 • Contact: Marc Pange Tel. (949)261-1001 • Bonded By: Travelers Casualty and Surety Company of America • DSA Inspector:PC Associates,Robert J.Candy(714)730-0933 -Lennox School District,10319 Firmona Ave.,Lennox,CA 90304 • Contact: Ken Knott Tel. (310)330-4950 • Proiect: Buford Elementary Addition. • Completed: July,2002 Amount:$2,194,437 • Architect: Ralph&Allen Partners Architects,520 N.Main,Ste.200,Santa Ana,CA 92701 • Contact: Warren Sampson. Tel. (714)547-7059 • Bonded By: United Pacific Insurance Company • DSA Inspector:Joyce Inspection,Ted Martin(310)671-6958 -City Of Burbank,275 East Olive Ave.,P.O.Box:6459,Burbank,CA 91510-6459 • Contact: Don LaBrado Tel. (818)238-5334 • Proiect: Performance Arts Center. • Completed: To be completed late May,2000 Amount:$1,513,796. • Architect: Stoutenborough Inc.,Architects&Planners,3300 Irvine Ave.,Newport Beach,CA 92660 • Contact: Joe,A.I.A. Tel. (714)955-3991 • Bonded By: Nobel Insurance Company -Long Beach Unified School District,2425 Webster Ave., Long Beach, CA 90810 • Contact: Kevin Barre Tel. (562)595-9574 • Proiect: Horace Mann Elementary School Modernization. • Completed: July, 1998 Amount:$1,503,000. • Architect: Richard L.&James L.Poper Architects, P.O.Box 7977,Long Beach,CA 90807 • Contact: Jim Poper,A.I.A. Tel. (562)421-5285 • Bonded By: Nobel Insurance Company • DSA Inspector:Joyce Inspection,Jim Price (310)671-6958 -Irvine Unified School District 14600 Sand Canyon Ave.,Irvine, CA 92618 • Contact: Tim March Tel. (949)559-1936 • Proiect: Refurbishment of Culverdale Elementary School. • Completed: November, 1997 Amount:$268,500 • Architect: Knowles Associates Architect, 14772 Plaza Drive,Suite 201,Tustin,CA 92680 • Contact: Peter Ultsch,A.I.A.Tel. (949)730-5055 • Bonded By: Nobel Insurance Company -City of South Gate 8650 California Ave., South Gate, CA 90280-Tel. (213)565-9579 • Contact: c/o J.C.&Associates 253 E.Gladstone,San Dimas,CA 91773 Jim Church Tel. (626)732-3775 Or (562)406-8571 • Proiect: Park Playground Equipment&Rehabilitation of Public Facilities. • Completed: June, 1996 Amount:$1,101,249 • Architect: Meyer and Associates 23265 S.Pointe Dr.# 102 Laguna Hills CA 92653 • Contact: Randall K.Meyer Tel. (949)380-1151 • Bonded By: T.I.G.Premier Insurance Company 18600 Main Street,Suite 260,Huntington Beach,CA 92648•Tel: (714)848-4899•Fax: (714)848-5048 Page 2 of 3 -Bellflower Unified School District 16703 S.Clark Ave.Bellflower,CA 90706 • Contact: Dr.Gary Burgner, Tel.(562)866-9011,Ext.3164 • Proiect: Ramona Elem.School • Completed: Nov.,1994 Amount:$552,563 • Architect: N.T.D. 1550 W.Colorado Blvd.Pasadena CA 91105 • Contract: Rudy Freeman, Tel.(213)255-1401 • Bonded By: Gulf Insurance Company -County of Orange-John Wayne Airport Authority 3160 Airway Ave.,Costa Meas, CA 92626 • Contact: Carl R.Braatz Tel. (714)252-5125 • Proiect: Acoustical Insulation Program. • Completed: December, 1997 Amount:$240,880. • Architect: Wayle Laboratories,Inc., 123 Maryland Street,El Segundo,CA 990245-4100 • Contact: John Kaytor Tel. (562)421-5285 • Bonded By: Nobel Insurance Company -Palos Verdes Library District 650 Deep Valley Dr. Palos Verdes Peninsula,CA 90274 • Contact: Linda P.Elliot, Tel.(310)544-3800 • Proiect: Malaga Cove Library • Completed: August, 1995 Amount:$250,000 • Architect: Edward Carson Beall&Associates 23727 Hawthorne Blvd.Torrance CA 90505 • Contract: Miles Pritzkat, Tel.(310)378-1280 18600 Main Street,Suite 260,Huntington Beach,CA 92648•Tel: (714)848-4899•Fax: (714)848-5048 Page 3 of 3 City of Huntington Beach Public Works Department 2000 Main Street Tel_ (714) 536-5431, Fax (714)374-1573 ADDENDUM NUMBER ONE For EDISON COMMUNITY CENTER CC NO. 1346,PHASE 1 in the CITY OF HUNTINGTON BEACH January 3,2011 Notice to All Bidders: Please note the following clarification to the Project Plans,Specifications, and Special Provisions: 1) REPLACE STOLEN TURF WITH SOD TURF Revised Plans,Sheets L8,L9, &L10(See following pages 2,3,&4). Revised Specifications, Sheets E-38 and E-39, Section 3084.8 Lawn Planting (See following pages 5 &6). 2) CLARIFICATION On Sheet L6, only chain link fence "fabric" is to be vinyl coated. All other parts are not vinyl coated,but painted to match. This is to acknowledge receipt and review of Addendum Number one,dated Janua� 011. }flab States Link Construction,Inc. Hassoun , d ^ o:__ Company Name By r 1/10/2011 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please email Todd Broussard at tbroussard@surfeity-hb.org GXonstruction Contracts(CCs)\CC1346 Edison Park Reconfigivation,Ph.I\Engineering\Bid Docs\Addendum\ADDENDUM 1- CC 1346.doc JACCI ert�l9an One Newark Center,20th fir.Newark.New Jersey 07102-5207 1-00-3334167/(973)624-7200 yVMARC.COM BID BOND KNOW ALL MEN BY THESE PRESENTS:That we, the undersigned, States Link Construction,Inc. as Principal, and THE ALLEGHENY CASUALTY COMPANY, a corporation of the State of New Jersey, as Surety, are hereby held and firmly bound unto City of Huntington Beach to the penal SUM of NOT TO EXCEED TEN PERCENT(10%)OF THE TOTAL BID AMOUNT �$ -----for the payment of which,well and truly to be made,we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed, this fah day of January 2011 The condition of the above obligation is such that whereas the Principal has submitted to City of Huntington Beach a certain bid, attached hereto and hereby made a part hereof,to enter into a contract in writing for Edison Park Youth Sports Complex Ph 1 1346 NOW,THEREFORE, (a) If said bid shall be rejected, or in the alternate (b)If said bid shall be accepted and the Principal shall execute and deliver a contract in the form of contract attached hereto, properly completed in accordance with said bid, and shall furnish a bond for the faithful performance of said Contract, and for the payment of the persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid; THEN,THIS OBLIGATION SHALL BE VOID,otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. - The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of time within which the said bid may be accepted; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF,the Principal and the Surety have hereto set their hands and eats, and such of them as are corporations have caused their corporate seals, to be hereto affixed and se pre s nts to be signed by their proper officers, the day and year first set forth above. Signed, sealed and delivered in the presence of: ATTEST: States Link C nstruction,Inc. Principal ATTEST: ALLE4 J1, A P Sy:Bid Bond Daterney-ln Fa January 10, 2011 Carla M. Allen PLEASE SEE ATTA;;HED C.ALI FOR NIkly "k OINLEDGEMENT =— Tel(973)624-7200 POWER ®F' ATTO Y ALLEGUENY CASUALTY COMPANY HOME OFFICE: ONE NEWARK CENTER,20TH FLOOR NEWARK NEW JERSEY 07101-5207 KNOW ALL MEN BY THESE PRESENTS: That ALLEGHENY CASUALTY COMPANY, a corporation organized and existing pursuant to the laws of the State of Pennsylvania.and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint CARLA M. ALLEN Sacramento. CA. its true and lawful attorney(s)-in-fact to execute;seal and deliver for and on its behalf as surety:any and all bonds and undertakings,contracts.of indemnity;and other writings obligatory in the nature thereof,which are or may be allowed, required or permitted by.law,,stature. rule. reggulation,contract or otherwise,and the execution of such instrument(s) in pursuance of these presents,.shall be as.binding upon the said ALLEGHENY CASUALTY 'COMPANY; as fully and amply, to :alVintents and purposes, as if the same had been duly executed and acknowledged by its regularly.elected::officers.at .its principal office. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board.of Directors of ALLEGHENY CASUALTY COMPANY at a meeting called and held on the 7th day of February. 1974. The power of attorney is granted under and by authority of the following resolution adopted by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th'day of August,2000. RESOLVED,that(1)the President,Vice President,or.Secretary of ALLEGHENY CASUALTY COMPANY shall have the power to appoint,and to revoke the appointments of,.Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney,and to execute on behalf of the Company and affix the Company's seal thereto,bonds,undertakings,recognizances.contracts of indemnity,and other written obligations in the nature thereof of related thereto:and(2)any such Officers of the Company may appoint and revoke the appointments of joint-control custodians,agents for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on ehalf of the Company;and(3)the signature of any such Officer of ALLEGHENY CASUALTY COMPANY and the Company seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or tither written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter,being hereby adopted by the Companv as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. F, UAL Ty IN TESTIMONY WHEREOF.ALLEGHENY CASUALTY COMPANY has caused this instrument to be A Cry signed and its corporate seal to be affixed by its authorized officer,this 12th day of November,A.D.2009. ALLEGHENY CASUALTY COMPANY 1936 a STATE OF NEW JERSEY County of Essex A�+nrsvcvA��P Secretary On this 12th day of November 2009,before me came the individual who executed the pprecedingg instrument,to me personally known_and,being by me.ciuly sworn, said the he .is the :therein. described and authorized officer of the ALLEGHENY.:_CASUALTY COMPANY; that the seal affixed< to said instrument is.the Corporate Seal of`said'Company;;that the said Corporate Seal and his signature were duly.affixed by order of the Board:of Directors of said.Company. IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, at the City of Newark_New Jersey the day and year first above written. iU . OTA. 21 A NOTARY PUBLIC OF NEW JERSEY "'��r�....��►>+s My Commission Expires March 27.2014 CERTIFICATION I the undersigned officer 11 of ALLEGHENY CASUALTY COMPANY do;hereby certify that I have compared the foregoing copy of then Power of Attorney and..affrdavit,and the copy::of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OESAID COMPANY-and that the same are.:correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney Has not been revoked and is tow in full force and effect IN TISSTIMONY WHEREOF,I have hereunto set my hand this �� day of t/�1 r1�i:Ar� � '6 ! O Assistant Secretary CALIFORNIA ALL-PURPOSE i Ill CERTIFICATE OF ACKNOWLEDGMENT Stare of Californi l Counts- of Sacramento On J CCy1. 0I v'1 0 t t before me. Heather Yapshing, Notary Public (Here insert name and title of die officer) personally appeared Car la M • A l ?_,n III who, proved to nie on the basis of satisfactory evidence to be the person() whose name(t)is/ale subscribed to the v6thin instrument and act no«-[edged to me that 1//she/tl f- executed the salve Ili li//her/th/ir authorized I� capacitl-(/s). and that b,,-1/s/her/dilr signature(/) on the instrument the person(/). or the entity upon behalf of j Nr-hich the person()acted. executed the histrllnent. I cer life under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. I *- 1, HEATHER YAP►HINGE I U COMM.#1887055 WITNESS nip- hand and official seal. 0 NOTARY PUBLIC-CALIFORNIA� � SACRAMENTO COUNTY 0 riGNP� CONrI.EXPIRES APRIL 24,2014- V-0 _j�vx_� ��� (Nunn'S ea 1) Srgnaturc of Notary Public i� Ii ADDITIONAL OPTIONAL INFORMATION INSTRT.W-flONS FOR COMPLETTNG THIS FORM i! Inc riib�nnrhJ n�nt cvmlrlere.l it, OJllr.,nna must imrinn r rhr.t < exairlr .r, DESCRIPTI(N-OF THE ATTACHED rX)ci jmENT alfreanv cihm,e in the n tr try secnun or a sgwrate ac6Ir,nrle,1 acnr furrrt nnrct he prr�x rIr c(rirplefeJ aid artoehed tr, thor ,h)CIPnen h L The cm ' eA eprtc,rr IS lh,l { (�� O (�( drx irmenr is ro he record,d nntndc ref c'u!r/ixnl.r.In sui h instances• jin"alrernorn t —vT'iltteor d ctiption nf`�atf�achad document) u�kwArleJ&pnent 1vr,,,wge cis mqv he panted c'm suih a Jorlunew.co, hint'as the rerhrake.h,ec nr,r reylrnri the norary to Ju somcrhnt,,thin is ilk al fir•it and✓n-in C'uhfnma(rr. ccrnli-nre the wirhw-r_eJ cal,urnr n(the srznir-). Pleats,check the l--.- — rl.inor,nt,✓rdJielh'Jnrprup:•r uururraIuvrdnotY.mJthew ('title or description of attached document continued) arrh 1urmrin.pme.1. State and County information must be the State and County where the document !! Num her tmf Pa,,es 2 T)cteg....w Ihte t signer(s)personals} appeucd before the notary puhlic for act notcJerf�mcnt. • Date of notarization must be the date that(he.si2ner(s)personally appeared winch must also be the same date the acknowledgment is completed. f (additional information) nie notan• public most print his or her name as it appears within his or her eommi".ion followed be a comma and then e'nur title(notin public). • Print the name(s) of document xiener(s)who personally appear a1 the time of notarization. CAPACITY CLAD" I)BY TIlE SIGNER Indicate the correct singular ni plural forms by crossing off incorrect firms(i.e. d� El Individual 5) lie shetlmrt-is air)or circling the correct forms.Failure to correctly indicate this information mac lead to it celion ofdocumenl recording. ❑ Corporate Ufffcer The notary seal impression must be clear and pholoenphicail}' reproducibly. � Impression must not cover te::t or limn. If seal inpression smudges.re-seal if a (T lie) f r sufficient area permits.nthenyisc conmplete a ditTcrcn(acDromrledgment fornm ❑ P.1r111CC Sj i ^ • Signature of the notcan•public must match the srvlarorc on file with the office of (be gaunt)'clerk. �! ❑ Alhtrti \'-lit'FtICIv Additional udormalion is not rcgnirul hot could help to ensure this ❑ Tntsl .e(R) nckruiw-ledvmi of is not mistned or attached try a different document. ❑ (..)tJ)e ludica(e tiff.or tcpc of attached document.number of pages and dale. 11� Ihdicalc the capacity claimed by(lie si nyr.If the chauued capacit} is a 16, A corporalc utl leer.indicate flit IILIe(i.e.(L2 t 1.(F().SCC(eh7_t). • Secures•attach this document In the signed document � -J 2005 Version CAPA v12.10.07 800-873-9865 www.NotaryC.'lasses.com �w � t All, ' r ` ���;?� s � i to I - r • � �a����� �, ' z k,f P9u 4 �k�I t.; I� e 1 - .rt zd Y'som RIO . �, o ����� �.yry� '11 e' II• ® ' - P � � P 1 1. `y�^''�.^ ����4���13���� ��5 {ey�p+i rc 1 `� ® Client#: 586968 ®S/T�ApT�pLINK1 ACOR CERTIFICATE F LIABILITYI� IV INSURANCE 0DATE(MMIDDIYYYY) 31032I 011 M PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hub International ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HUB Int'I Insurance Serv. Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 4371 Latham St,Ste#101 Riverside,CA 92501 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Great American Assurance Compan 26344 States Link Construction, Inc. IrIsuRER6: 5825 Lincoln Avenue#212 INSURER C: Buena Park,CA 90620 INSURERD: 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMBS DATE MMIDDIYYYY DATE MM1DD A GENERAL LIABILITY -TBD 03/04/2011 03/04/2012 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO REoNCEDPREMISFS(Ea $50 OOO CLAIMS MADE ®OCCUR MED EXP(Any one person) $NIA X Deductible$2,500 PERSONAL&ADV INJURY $1 000 000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000 POLICY X PRO LOG JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ - HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE R„ C i�tS��'A rl AGGREGATE $ �l 1, �! ' $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS'LIABILITY ANY iPRO PRIIE TOR/PARTNER/EXECUTIVE E,L.EACH ACCIDENT $ larCCsryiM o NEr EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If es,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS RE:CC-134 Edison Community Complex Project, Phase 1 Certificate holders City of Huntington Beach, its officers,elected or appointed officials,employees, agents,and volunteers are additional insured with respect to attached endorsement#CG20330704 and #CG20370704.Primary/Non Contributory insurance included.Attached waiver of subrogation endorsement (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION 10 Days for Non-Payment - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF,THE ISSUING INSURER WILL R QRJ(R MAIL *In DAYS WRITTEN 2000 Main St. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,J nR* K Huntington Beach,CA 92648 �e �eN��Atcaxx�xueocttt �m<usa�co� Rx �ocoacx�cxx a XKKW=Xx AUTHORIZED REPRESENTATIVE ACORD 25(2009/01) 1 of 3 #S1093873/M1080792 © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD JJ42 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 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(2009/01) 2 of 3 #S10938731M1080792 S RiP'TION& ©hfinu. from gage #CG24040509 applies.Attached per project aggregate endorsement#CG25030397 applies. AMS 25.3(2009101) 3 of 3 #Sl093873/MI080792 ISO I Commercial General Liability Forms j 07/01/04 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS -- AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11—Who Is An Insured is amended to include as an additional insured any person or organization for wham you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organizations status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B.With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or"personal and advertising injury"arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings,opinions, reports, surveys,field orders, change orders or drawings and specifications; or b, Supervisory, inspection, architectural or engineering activities. 2."Bodily injury" or"property damage"occurring after: a.All work, including materials, parts or equipment furnished in connection with such work,on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or b.That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Propertles,Inc.,2004 ©Insurance Services Office, Inc. ©2011 Vertafore, Inc.All Rights Reserved. Schedule of Additional Insureds_ The Clty of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers. RR: CC-134 Edison Community Complex Project, Phase 1 ISO I Commercial General Liability Forms 1 07/01/04 COMMERCIAL GENERAL POLICY NUMBER: LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE DART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations See Schedule of Additional Insureds below, CC-134 Edison Community Complex Project, Phase Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or"property damage"caused, in whole or in part, by"your work"at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the"products-completed operations hazard". CG 20 37 07 04 © ISO Properties,Inc.,2004 ©Insurance Services Office, Inc, 02011 Vertafore, Inc.All Rights Reserved. Schedule of Additional Insureds: The City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers. COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY . AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work"done under a contract with that person or organization and included in the"products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ Insured Copy COMINTERUA-1a GENER.AL LIABILITY C(Ir 25 03 03 97 TWS ENDORSEMENT CHANGES'I.HE POIACY. PLI'ASE RYAD ITCAR.EFU 1,11Y. DE SIGN ATED CONSIRUCUON PROJECT(S) GENERAL AGGREGMT 1XV1111 .I s idorSQ.Mellt rl.)Odifies it. Pircle proAded utider the t*01lowincr: I CONIMER11-111AL GENERAL LIABILITY COVERAGE PART SCITED U t,E Designated RE: CC-134 Edison Community Complex Project, Phase 1 (Ifito entry appears above, iriffirtri a.tiotirequire,d. to cot-liplete thi se II dorse.in etit will be show cIn i.n.the D c a rations as applicable to thiscridonsernent.) A. For all surns which the insured becomes legally designated construction project shown it).. the obligated. to prig- as dainages caused IDY i'OCCLIT- Schedule above. rences" under COVE.RAGE A (SE,CTION7 1), and 4, T'he lirt-tits shown in the. Declarations 1br. Eacli. for all Tuedical expenses caus-ed by accidents under Occurrence, Fire Damage and Medical Ex- COVER.A.,43E C (SE'%.'.,'TlON 1.). vbich CUI be att- nemw continue to apply." How-ever. inslead of ributed only to ongoing operations at a -iriale des- bcirig, suhjeot to the Getteral Agp�egate Lilnit i,nate d constrlmL n pro ectshovn in. tile §,ledutc ED slio-wn in the Declarations, such lirnits «Vfll be abow: 92rbjcQt to the applicable Desigilated Colusli-Lic- 1. A � paral'i-, Designated Construction Project tion.project -k-icrieral Agg-regate Limit. Gencral-Afna-egate Limit applies to cacti des- B. For all. surns wbiclt lair insured becoraws legal]. ignated consli-tiction pi- t, acid that, lira is y equ-al to the an-iount 6f Aggregate Ag obliLptcd to pay as daniagws caused by lbecor- Limit shown in the Declat-atioris. relices" under COVER AGE A (SECTION I), arid for all triectical expenses caused by acciderrus under Y. The Dosigynated. Constructi.o.11 Project cy�itcnal COVERAGE C (SEC-1-101IN 1); winch cannot be Aggregate'Lirrfilis the Taost vve 411 pay for the attributed. only to ongoitig operations at III smile suni.of all datriages ender COVE R.A.Gh A, cx- (Jesigriated construction prqji�-ct sho""'It in the Sched.- cept dam,ages because of 'bodily injury' or tile above: 'Y,roperty darna ' included in ttic "products- 1• Any payraents;inade und'er CO'VERMIE A for Cornipleted operafic)ns hazard" ., and for rtiedical i expenses under ('OVERAGE C regardless of daniages or un.der COW-j..R.AGE C for rtwdical the IYUMbLi- (A. ,XpensCS Shall.reduce the ainount available u ri der the General Auarestatc Limit or the Prod- a. Insureds; acts-Completed Or-w-railoris A&,?r.-gate Limit, b. Claims madQ or"suits"brought;or whichever is app-licable.,iand c. Persons or claims or 2. Such pa),Inents shall not reduce any Des-iom t d Project General Agigoregate Limit. bringina"swts� Construction P 1� 3. Any payments made und-er COVE RAG E A for C. WhC11 CURCI-age IbT liability aTiSiuly Out of the damages or under COW]RAGE C fiar medical. Jroducts-completed operations hazard."is pro-Med, c.x-penses -itiall reduce the Deiiu-naked Con- any payme.rits for chunaaCs because or 'bodily in.- s1ruclion.Project Genet-ul AggrcqpIc: Litrui tibr -opetly dmn- -o- ga Jur.,1 or '�n age" included. in, the '�t that desigmited.construction project, SuCh Pay.. ducts-corripleted operations hazard" will reduce the nos its shall Trot reduce; the GUti-Tal Ag-rc-tic Products-(-.,orT1P1CtCd OpLT'at].Olis Aggreg te Lirnk, I --a Limit shown inAlle Declarations nor kitall they and notreduce the Gen, ral Aggregatc Limit nor reduce anyotlici.- Dcsignated Constntclion Pro- the Designated Construction Project 6enera.l. Ag- ject Geiierad AgI Limit. gegate Limit ibr airy other gregate CC 25 03 03 97 Cqp�yTight,Insurance Set-vices Office., 1996 Page I of 2 171 Insured Copy f % If the, applicable designated. construction project E. The provisions of Limits Of Insurance (SECTIO'v has been abandoned. delayed, or abandoned and I:II' not othelvise imodified by this endorsement then restarted. or if the authorized contracting shall continue to apply as stipulated. parties devriate frorn plans, blueprints, designs, sfteci}icat:ions or titrw;a.bles. the proie,ct still. still be 'klerned to be the san:>e construction project. Page 2 of 2 Cop}right,lnsurance Se.ryices Of'fice,lnc., 1.996 CG 25 03 93 97 —_ Insured Copy AC R , CERTIFICATE OF LIABILITY INS DICE DATE(MMIDDIYYYY)o2/1o/zo11 ,PRODUCER 714.285.4800 FAX 714.285.4810 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION IP Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 2107 N. Broadway, Suite 108 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana„ CA 92706 INSURERS AFFORDING COVERAGE NAIC# INSURED States Link Construction INSURER A: Travelers Casualty Ins. Co of America 19046 DBA: Mohammed Tohmeh INSURERS: 18600 Main Street INSURERC: Suite 260 INSURERD: Huritington Beach, CA 92648 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' rypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR DATE MM/DD/YYYY DATE MM/DD GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE T RENTED PREMISES Ea occurrence $ CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ JECT POLICY PRO LOC AUTOMOBILE LIABILITY BA4625X389 02/05/2011 02/05/2012 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ A HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE 6, �RMGRAT lfv A ev AGGREGATE $ `J I �r DEDUCTIBLE /�/ $ RETENTION $ $ WORKERS COMPENSATION - - RI- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE----I E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? u (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Except 10 Days Notice of Cancellaton for Non-Payment of Premium CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN City of Huntington Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 2000 Main Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR PO Box 190 REPRESENTATIVES. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE Adrian Padilla/ADRI ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 This Certificate of Insurance 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(2009101) CERTHOLDER COPY SG $TATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 02-01-2011 GROUP: POLICY NUMBER: 1789203-2010 CERTIFICATE 10: 11 CERTIFICATE EXPIRES: 10-01-2011 10-01-2010/10-01-2011 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 10 DATED 02-01-2011 CITY OF HUNTINGTON BEACH SG UOB:EDISON COMMUNITY COMPLEX DEPT OF PUBLIC WORKS PHASE I 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms. exclusions, and conditions, of such policy. tAhorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - MOHAMMED HASSOUN ALABED PRESIDENT - EXCLUDED. ENDORSEMENT #1600 - MOHAMMED BASHAR TOHMEH SECT. - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. APP AS T FO JE ER CGRATH,City e EMPLOYER STATES LINK CONSTRUCTION, INC SG 5825 LINCOLN AVE # 212 BUENA PARK CA 90620 [SBG.CN] PRINTED 02-01-2011 (REV.8-2010i RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON REACH INTERDEPARTMENTAL COMMUNICATION TO: , ity Treasurer FROM: DATE: .� SUBJECT: Bond Acceptance I have received the bonds for aAA- 7J70 /,4j �• _` (company Name) Faithful Performance Bond No. 015-Ij Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and-Warranty Bond No. Re: Tract No. CC No. MSC No. Approved / / Agenda Item No. (Cou cil Approval Date) City Clerk Vault No. YU(� #27 g1fotlowup/bondletter.doc ISSUED IN TWO ORIGINAL COUNTERPARTS COUNTERPART NO. �_ OF 2 Bond No. 0552846 PREMIUM: INCLUDED IN THE PREMIUM PAYMENT BOND CHARGED FOR THE PERFORMANCE BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENT'S that. WHEREAS,the City of Huntington Beach(hereinafter referred to as"City")has awarded to States Link Construction, Inc. 5825 Lincoln Ave., #212, Buena Park, CA 90620 (name and address of Contractor) (hereinafter referred to as"Principal'),a contract("Contract")for the work described as follows: Edison Community Complex Protect, Phase 1 (project title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, matenalmen, and other persons as provided by law. NOW THEREFORE,we, the undersigned Principal,and Allegheny.Casualty Company 1851 Heritage Lane, Suite 129, Sacramento, CA 95815 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as°Surety°),as Surety,are held and firmly bound unto City in the penal sum of Six Hundred Ninety Six Thousand Three Hundred and 00/100 dollars, ($u696,300.00 ), this amount being not - less than one hundred percent(1001/6)of the total price set forth in the Contract,in lawful money of the United States of America, for the payment of which sum, well and truly to bel made, we bind ourselves,.and each of our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents.THE CONDITION OF THIS OBLIGATION IS SUCH THAT,.if the Principal, his, filer, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fait to pay.any of the persons named in Section 3181 of the California Civil Code eClaimants") for all labor, materials or services used or reasonably required for use in performance of the work_described in the Contract, or any, amounts due under the Unemployment Insurance Code with respect tol work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or.1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees _ of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract,Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall be null and void. l This bond shall inure to the benefit of any of the persons named in Section 3181 of the Californta Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond,Surety further agrees to pay all court costs and a reasonable,attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any worn to be performed thereunder,whether made after notice or not, shall in any way affect, impair or release ~ the obligations of Surety under this bond. Surety hereby waives notice of any uch change, _ s�nss.i PAYMENT BOND Page I of 2 Bond No.0552846 extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code§§ 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this Instrument has been duly executed by Principal and Surety,on the date set forth below,that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duty authorized pursuant to the authority of its governing body. Surety, by execution of this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond: Dated: February 2, 2011:- ATTEST States Link Construction, Inc. (Corporate Seal) (Principal Name) By: ��— Name:_ s Its: ATTEST Allegheny Casualty Company _'. "`= (Corporate Seal) (Surety Name) ,. {'z By: Name: Carla M. -Allen (Signature of Attorney-hi-Fact for Surety) 916 649-8400 on (Attach Attorney4n-Fact Certificate) (Area Code&Telephone Number of Surety) t� APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH ByIft;yAttomey M4 ifer Mc rath St'I 5/(16 Note: This bond must be executed in duplicate and dated all signatures must be notarized,and evidence of the authority of any person signing as atfomey-04act must be attaches? { 277589.1 - PAYMENT BOND - Page 2 of 2 Tel(973),62 -7200 OV 1 ORNEY AA. .LEO 1 1 U� t3� T h:OlYRr HOME OFFICE:©ATE NEWARK CENTERS 20T14 TI O©I2` NEWA . NEW'JERSEY 07102-5207 KNOW-ALL MEN BY THESE PRESENTS. That ALLEGHENY CASUALTY CO1wiPANY, a corporative organized and existing pursuant to the laws of the State of Pennsylvania,arid having'iis principal:office in the City of Newark,New Jersey,does hereby constitute and appoint CARLA M. ALLEN Sacramento, CA. its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as;surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory m the nature thereof,which are or.inay-be allowed,required or permuted by law,stature,rule,reggu��lation;contract or othervvise,and. the';execution' of such'instrument(s) in pursuance of these presents, shall be as binding.:upon;the said ALLEGHENY CASUALTY COMPANY;; as fully and amply, to all intents and.purposes, as if, the same had been duty executed.and acknowledged by its regularly elected officers:.at its principal office: ; This Power of Attorney is executed,and may be revoked,.:pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of ALLEGHENY CASUALTY:COMPANY at a meeting called and!held on the 7th day of February; 1974. The power of attorney is granted under:and by authority of the following resolution adopted by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August,2000: RESOLVED,that(1)the'President,Vice President,or Secretary of ALLEGHENY CASUALTY COMPANY shall have the power to appoint,and to revoke the apppoointments.of,Attorneys-in-Fact or agents:with power and authority as defined or limited in their respective-powers of attorney,and to execute on behalf of the Company and affix the Company's seal thereto,bonds,undertakings,recogniiances,contracts of indemnity and other written obligations in the nature thereof of related thereto:and(2)any such Officers of the Company may appoint and revoke the appointments of joint-control•custodians,agents for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Company;and(3)the signature of any such Officer of ALLEGHENY CASUALTY COMPANY and the Company seal may be affixed by facsimile to any power,of attorney or certification given for the execution of any bond,undertaking, recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and'seals when so used whether heretofore or hereafter,being hereby adopted by the Company.as the original signature:of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. T,ASUA.r- IN TESTIMONY WHEREOF,ALLEGHENY CASUALTY COMPANY has caused this instrument to be l COS signed and its corporate seal to be affixed by its authorized officer,this 12th day.of November,A-D.2009.. ALLEGHENY CASUALTY COMPANY 1936 STATE OF NEW JERSEY County of Essex !I ANSYI�PN\P Secretary On this 12th day of;November 2009,before the came.the individual who executed the preceding instrument,to me personally known,and,being by me duly sworn, said the he is the therein described' and authorized :officer of the ALLEGHENY .CASUALTY' COMPANY;. that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate.Seal and his signature were duly affixed by order of the Board of Directors of said.Company. "04 ''r•.,j IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,New Jersey;:the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires March'27,2014: I,,the undersigned officer of ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copg of the Section of the By-Laws of said Company as set forth in said Power'of Attorney;.with the ORIGINALS ON.:: IN THE HOME OFFICE OF SAID COMPANY.;and that the"same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF I have:hereunto set my hand thisn day � 1 Assistant Secretary e CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT EDGMENT State of California County of Sacramento Ondl \_ before me, Heather Yapshing, Notary Public (Aete insert name and rifle of the officer) personally appeared �01 M• PA 1Cn who proved to me on the basis of satisfactory evidence to be the person()whose named is/q6 subscribed to the within instrument and acknowledpg.�ed to me that *she/t�ey executed. the same in Os/her/their authorized capacity(iis),and that by Vs/herMt ;- sign")on the instrument the person{},or the entity upon behalf of which the person)acted,executed the instnment I certify imder PENALTY OF PERIMY under the laws of the State of California that the foregoing paragraph is tare and correct *- HEATHER YAPSHING 0 ` F. COMM.#1887055 9 WITNESS m hand and official Seal. 0 NOTARY PUBLIC-CALIFORNIA 0 y 2 SACRAMENTO COUNTY 0 F�Px COW EXPIRES APRIL 24,MA- SigaatureofNotary lic (N�YSco ADDMONAL OPUONAL INFORMATION INSTRUCTIONS Fop,COMPLETINGTM FORM DESCRIPTION OF THE ATTACHED DOC'IIMLTTT Any acknowledgmerrr completed m CdrJornla array contain verbiage exactly as appears above in the notary section or-separate a.,-.b—kdgrrrent form rmut be P Q properly couTIeted and attached ro that docment Tire onfp eCeption is if a document is to be recorded outside of California In such instances,any attefid e (Tide ordescxipdon ofaffaeheddocument) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something chat is illegal for a notary In California (te.cert)cying the authorised capacity of the signer)-Please check the (Title or description of aftachoddocuumtconarnied) dommentcarefutivforprapernotared;mewg and attachthisformifreguired Number of Pages *Z> Document Date a t ' State and County information must be the State and County where the document signer(s)personally Vpeared before the notary public foraclmawledgment • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date theadcwwledgmentis completed- (Additional information) The notary public must print his or her mane as it appears within his or her commission followedby a comma and their your title(noffirypublic). • Print the mute(-.)of domment signer(s)who personally appear at the time of notarization- CAPACITY C BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. Individ I(Sj 4wshr is )or circling the couecc farms.Fatinre to correctly indicate this information may lead to rejection of documenttecording. Corp to Officer • The notary seal impression must be clear and phomgraphicaIly reproducible. h' g impression must not cover text or litres-If seal impression Smudges,re-seal if a (1111e sufficient am erwise complete a diftent p S)) '`► ` ry- Signature of the no rtary public mast match signature on file with th offccc of the county clerk D � Additional information.is not required bar could help to ensure this (s) acknowledgment is not rub used or attached to a different document p m Indicate We or type ofattached document;number of pages and date- cst Indicate the capacity claimed by the signed.If the claimed capacity is a corporate officer;indicate the title(Le.CEO,CFO,Secretary) Securely dtiacb this document to the signed document 2008 Version CAPA vI2I0.07 800-873-9865 wwwNotaryClasses.coru r s ISSUED IN TWO ORIGINAL COUNTERPARTS Bond No. 0552846 COUNTERPART N0. OF Z- PREMIUM: $11,445.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereinafter referred to as"City")has,by written agreement dated. 20r,entered into a contract with States-Link Construction, inc. 5825 Lincoln Ave., #212 = Buena.Park, CA 90620 (name and address of Contractor) (hereinafter referred to as"Principal"),for performance of the work described as follows: Edison Community Complex Project - Phase 1 (Project Title) WHEREAS, said contract,and all documents referenced therein(hereinafter collectively 'Contract"), are Incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt,full and faithful performance of said Contract NOW THEREFORE,we,the undersigned, as Principal,and Allegheny Casualty Company 1851 Heritage_Lane, Suite 129, Sacramento, CA 95815 (name and address of Surety) (a duty admitted surety insurer under the laws of the State of Callfomia and hereinafter referred to as _ "Surety"), as Surety, . are held and firmly. bound unto City in the penal . sum of Six Hundred Ninety Six Thousand Three Hundred and 00/100 Dollars($696,300.00 ),this amount being not less than one hundredd percent of the.price set j. forth in the Contract,in lawful money of the United States,for the payment of which sum,well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally,firmly by these:presents.THE CONDITION OF THiS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and. faithfully perform each and all of the covenants,obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered,amerided or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers,agents and employees thereinafter collectively referred to as"Obligees")from any and all losses,liability and damages,claims,judgments,stop notices,fees and costs of every description, whether.Imposed by law or in equity,which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract; including all alterations, amendments and modifications thereto, and any.warranties or guarantees required thereunder,then this obligation shalt be void; otherwise, it shall be and shall remain in full force and effect Surety stipulates and agrees,for value received,that no adjustment of the time or price in the Contract or any alteration, change,deletion, addition or other modification to the Contract, or the work to be performed thereunder,shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract time or contract price,and - anss,.3 PERFORMANCE BOND Page I of 2 Bond No. 0552846 any other alteration,change,deletion,addition or other modification to the Contract,or the work to be performed thereunder,and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments,alterations,changes,deletions,additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code§§2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety,on the date set forth below,that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this Instrument have been duly authorized pursuant to the authority of its governing body. Surety,by execution of this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to execute or property execute this bond. . Dated: February 2, 2011 ATTEST States Link Construction, Inc. (Corporate Sea]) (Principal Name) By: - - Name: Title: t-e-Z. ern C) r® a1-TEST Allegheny Casualty Company _ ta (Corporate Seal) e u ty Na } Deb . £ By- r` Name: Carla M. Allen > (Signature of Atto y-in-Fact for Surety) (Attach Attorney-in-Fact Certificate) 916 649-8406 (Area Code&Telephone Number of Surety) ,7 �w APPROVED AS TO FORM: CITY O UNTINGT'ON BEACH e By ennifer Mc th sfl�lSG ity Attorney Note: This bond must be executed in duplicate and dated,all signatures must be notadzed,and evidence of the authority of _ any person signing as attome}Rfn-fact must be ettached 277SYLI PERFORMANCE BOND Page 2 of 2 Te1(9731624-7200 1�O !')jEj R. aF AT Y ALIEGHENV CASUALTY COMPAi V. HOME OFFICE:ONE NEWARK CENTER;20TH FLOOR NEWARK; NEW JERSEY (37102-5241 KNOW ALL MEN BY THESE:PRESENfS:. That ALLEGHENY CASUALTY COMPANY, a:corporatioa organized and existing pursuant to the laws:.,<` of the State of Pennsylvania,and having its principal office in the City of Newark,New°Jersey,does hereby constitute and appoint CARLA M. ALLEN Sacramento, CA. ._ ... its true and lawful attorneys)-in-fact to execute, seal and deliver for and on its behalf as surety,any,and all bonds.and undertakings,contracts,of indemnity and other writings obligatory in the nature thereof, which are or may be allowed,required or permitted by. law,stature;rule, regulation,contractor otherwise,and the execution .of such instrument(s) in pursuance of these. presents, shall be. as binding upon;the said ALLEGHENY CASUALTY COMPANY;:. as fully and amply,:,to all intents and purposes, as if.the same had been duly .executed and acknowledged by its regularly elected officers at its" principal office. This Power of Attorney is executed,and may be revoked;pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board:of Directors of ALLEGHENY CASUALTY COMPANY at a meeting called and:held on the 7th day of February, 1974. The power of attorney is granted under and by authority of the following resolution adopted by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August,2000. RESOLVED,that(1)the President, Vice President,or Secretary of ALLEGHENY CASUALTY COMPANY.shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney,and to execute on behalf of the Company and affix the Company's seal thereto,bonds, undertakings,recognizances,contracts of indemnity.and other written obligations in the nature thereof of related thereto:and(2)any such Officers of the Company may appoint and revoke the appointments of joint-contro custodians,agents for acceptance of process,and Attorney s-in-fact with authority to execute waivers and consents on behalf of the Company;and(3)the signature of any,such Officer of ALLEGHENY CASUALTY COMPANY and the Company seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter,being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CASUALTY IN TESTIMONY WHEREOF,ALLEGHENY CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 12th day of November,A.D. 2009. ALLEGHENY CASUALTY COMPANY 1936 STATE OF NEW JERSEY County of Essex i.1i �If AFM4SYl�P��P Secretary On this 12th day of November 2009, before me came the individual who executed the preceding instrument,to me personally known,and,being by me.duly sworn, said the he is the therein described and authorized officer. of the ALLEGHENY CASUALTY COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order ofthe Board of Directors of. said Company. - 4r•tµ�a+e.e�eesee - `.�`` NA-4 V� t.,� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, �(� at the City of Newark,New Jersey the day and year first above written. U; a7At�;�. i .yt A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires March 27,2014 I;.the undersigned officer of ALLEGHENY.CASUALTY COMPANY do hereby certify:that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said.Company as set forth in said Power of Attorney',with the ORIGINALS ON'' IN THE HOME OFFICE OF SAID COMPANY,.and that the same are;correct transcripts;thereof,and ofthe whole of the said originals,and that the said Power ' of Attorney has not been revoked and is now in full force and effect IN PESTIMONY WHEREOF;I have hereunto set my hand this.RAJ day of Assistant Secretary CALIFOR.NIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Sacramento On a. ` Heather Yapshing, Notary Public _—+ before me, (Rere insert name mdtide ofthe officer) personally appeared t Gt 1(YO . AA t-e-n who proved to me on the basis of satisfactory evidence to be the person( whose nameo is/a#subscribed to the within instrument and aclmowledged to me that ltfshefth¢y executed the same in 4A&rA*r authorized capacity(ijk),and that by"erfthtir signafure(p on the instrument the person(),or the entity capon behalf of which the person( acted,e$etrted the insfi rent i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct HEATHER YAPSHiNGj O F - NOTARY PUBLIC-CALIFORNIA 'U MNESS my hand and official seal SACRAMIENTO COUNTY 0 +�moaN` CONVI.EXPIRES APRII 24,20141 SignatuneofNo (Notaryseal) "DI'i'lf ONAL OP'HONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any ocbrowledgmenu completed w Califando must contain verbiage extrdly as DESCRI MON OF THE ATTACHED DOCU7MENT appears above in the norwysection or asgx rare ack owledgmentform nwsr be e/r ir�tti n C$i / properly completed and attached to that doamnent The only esseption is if a �yvo( document is to be recorded outside of California.In such instances,any alternative (ride orde=ption ofattached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage doer not require the notary to do something that is illegal for a notary 14 CWonua (Y.e.certfving the authorized capacity of the signer)-please check the (Tole or description of attached document eontimmd) document rarefuiivforpropernotarWwordngandanachthaformff epuned Number of Pages � Document Date Z - State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. •Date of notarization must be the date dw the signer(s)personally appeared which must also be the same date the acknowledgment is completed (Additional information) - The notary public must print his or her name as it appears within his or ber mrmnission fbHowedby a comma and then Yaw tide(naarypnbhC)- - Print the names)of document signer(s)who personal1y appear at the time of notarization. CAPACITY CLAIMED BY TIE SIGNER. - Indicate the correct smgular or plural forms by crossing off incorrect forms(ie. ❑ Indty tlal(S) 4Wshek4 is,lere)or curling the coned forms Faihue to correctly indicate this information may lead to rejection of document recording. ❑ CO rate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient ampetmits,othemmcomplete a different aelnowledgmentform 0 P er(s) - Signature the countyof the clerk.notary public mast match the signata a on file with the office of ❑ mey-ill-Fact Ca Additional information is not required but could help to ensZae this ❑ rustee(s) acknowledgement is not misused or attached to a different document. ❑ er c�a Indicate title or type of attached dorumea;number of pages and date. ce Indicate the capacity claimed by the signer.If the claimed capacity is a corporate office,indicate the title(Le.CM CFO,Secretary)- Secnrelq fitsaeh this document to the signed document 2008 Version CAPA v]210.07 800473-9865 www.NotmyCImm.com Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above-referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity.Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 120 at , California_ (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] E , It' R cG�► ®� A 7RNEY JU 3 2F6. up 1 245911 1 CONTRACTOR'S CERTIFICATE I, , state and certify that: (Name of Declarant) 1. is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the"Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five(5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied(list unpaid debts and claims; if none, write"NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services,materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write"NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of , 20__ (Signature of Declarant) APPROVED AS TO FORM By: s/1-/n �11J 3 Zo o(P Name: [Type Name] Title: [Type Title] 1 2459141 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O.Box 190 Huntington Beach,CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above-referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage-rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20`, at , California. (Type Contractor Name) By: — Name: [Type Name] Title: [Type Title] DAIS TO CITY ATTORNEY Y4 SLS 03-016 �o 1 2a75a2A City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC ® JOAN L. FLYNN CITY CLERK March 17, 2011 States Link Construction, Inc. 5825 Lincoln Ave. #212 Buena Park, CA 90620 Re: Edison Community Complex, Phase 1 —CC-1346 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5437. Sincerely, Jo L. Flynn, CIVIC City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister Citi6.4oiOAWMtj M IsV6 -W-W4&WicNew Zealand (Telephone:714-536-5227) Council/Agency Meeting Held:_ Deferred/Continued to: *Ap roved ❑ Conditionally Approved ❑ Denied COCl Ws's Sig tune Council Meeting Date: February 7, 2011 Department ID Number: PW 11-008 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works Paul Emery, Deputy City Administrator SUBJECT: Award Construction Contract for Edison Community Center and Youth Sports Complex, Phase 1, Park Improvements Project, CC-1346 Statement of Issue: On January 11, 2011, bids were opened for the Edison Community Center and Youth Sports Complex, Phase 1, CC1346 Park Improvements Project. Staff requests that the City Council award the contract to States Link Construction, Inc., the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of $1,034,835 are budgeted for this project in the Park Acquisition and Development Fund, Account No. 20945101. Recommended Action: Motion to: A. Approve the project plans and specifications for the Edison Community Complex, Phase 1, CC-1346; B. Accept the lowest responsive and responsible bid, submitted by States Link Construction, Inc. in the amount of $696,300.00; and C. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Do not award the contract to States Link Construction, Inc. and direct staff on how to proceed. HB -55- Item 4. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 2/7/2011 DEPARTMENT ID NUMBER: PW 11-008 Analysis: In 1999, as part of the Community Sport Facilities Inventory and Needs Assessment Study, City Council approved nine Policy Recommendations to address the need for sports fields and youth sports facilities. Policy Recommendation #1 included the reconfiguration of Edison Community Park to create additional lighted youth sports fields. Proposed Field Space Improvements - The existing layout of the turf areas at Edison Park provide limited opportunities for youth sports organizations. By reconfiguring portions of the park, additional lighted practice areas and field space can be created. The goal of the plan is to create four (4) additional practice fields and one (1) regulation size multipurpose field. The existing chain link outfield fences at each of the softball fields will need to be removed in order to accommodate a regulation size field as well as provide other lighted turf area that can be used for practice. The turf area of the SCE easement will also include three practice areas lighted from poles placed on the city-owned portion of the park. Other Site Improvements — Based on the city's parking standards and the design consultant's computation, additional parking spaces will be needed to accommodate existing park uses and the proposed additional amenities. To accommodate the additional spaces, the existing parking lot will be reconfigured and expanded to the northwest section of the park. A new lot and turn around drive will be created between the community center and the Magnolia Street Fire Station. Two additional lots will also be added adjacent to Hamilton Avenue, on the SCE easement property. Additional improvements included in the conceptual plan are two bocce ball courts and five art elements. The concrete area between the community center building and tennis courts will also be enhanced with additional landscape. A skate park area is part of the master plan of improvements. However, it will be processed as a separate project. Phase 1 Proiect - Due to limited funds, the Master Plan improvements will be constructed in phases. Phase 1 includes a new parking lot and drop off area situated between the Magnolia Fire Station and the Community Center as well as re-grading to allow for 3 practice soccer fields. The conceptual plan for reconfiguration of Edison Park was approved by the Community Services Commission as part of a May 10, 2006, Public Input Meeting. On December 18, 2006, the City Council approved the Master Plan as well. Bids for Phase 1, were publically opened on January 11, 2011. The verified bid amounts are listed below: Item 4. - 2 HB -56- REQUEST FOR COUNCIL ACTION MEETING DATE: 2/7/2011 DEPARTMENT ID NUMBER: PW 11-008 Bidding Contractor Bid Amount (Basis of Award) 1. States Link Construction, Inc. $696,300 2. CS Legacy Construction $720,463 3. Rancho Pacific Engineering, Inc. $734,000 4. Wee er Brothers $777,688 5. Environmental Construction $792,362 6. KASA Construction, Inc. $797,000 7. G Coast Construction, Inc. $845,000 8. Bau hton Construction $870,707 9. Pima Construction $874,300 10. Western Group $888,800 11. Elite Landscaping, Inc. $912,732 12. MSH Construction Co., Inc. $919,889 13. Ocean State Development $949517 14. USS Cal Builders $998,000 15. UCCI $1,150,000 16. Southland Construction $1,198,000 Staff has verified that States Link Construction, Inc. is both responsive and responsible and recommends award of the construction contract in the amount of $696,300. The total estimated project cost is $840,000, which includes the construction contract, project management, contingencies, and supplemental expenditures Public Works Commission Action: The Public Works Commission reviewed and approved the project on September 15, 2010, with a vote of 5-0-2 (Kirkorn and Spencer absent). Environmental Status: The project was conditionally approved under Mitigated Negative Declaration No. 08-001 and Conditional Use Permit No. 08-004. Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Attachment (s): No 0- . . 1. Location Ma HB -57- Item 4. - 3 ATTACHMENT # 1 !L-- - i Item 4. _ 4 Ha -58- , , 5 i Project Site Hamilton Ave. m J., � a x A LOCATION MAP onf Map produced by information contained in the City of Huntington Beach Information Services Department — -- Geographic Information System.Information warranted for City use only.Huntington Beach does not guarantee itsf. d \-110-K completeness or accuracy. i Map Produced on 1/12/2011Ht;:� ,z m 11' S` 0 1000 2000 v ,is One inch equals 1000 feet HB -59- Item 4. - 5 2-////0 /,/b U SECTION A NOTICE INVITING SEALED BIDS for the EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1 CC No. 1346 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 2:00pm on January 11, 2011. 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 $50.00 nonrefundable fee if picked up, or payment of a $75.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 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 as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Project Description: The project consists primarily of regrading and modifying the existing turf and irrigation area adjacent to Hamilton, plus construction of a new parking lot and turn-around with landscaping on the south side of the existing community center. • The contract shall allow the Contractor 60 working days to complete the contract. • The engineer's estimate of probable construction cost for the work included in the basis of award is $1,000,000. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 20th day of September 2010, by Resolution No. 2010-69. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH EDISON COMMUNITY CENTER, PHASE J C-C..N0.4346 - 11-11 BII) ®PENING DATE::.JAIeTUARY TIME. 200 PM "ENGINEER'S ESTIMAT-E° $1,000 000 BIDS SUBMITTED (AS;READ AT OPENING) ' 14pPA 12��1Y YA1N uT R1kNK. .. No ; i ;5$DIC1Eft;:S:;NAME;; ... ..................................:.......................................................... 1 america west landscape, inc ' 2 C &S Legacy Construction -- :i 3 Elite Landscaping, Inc. _3 ._ 4 Excel Paving Co. i! ✓ 5 g coast construction, inc. 6 Horizon Construction Co. Intl. C7LJ_ 2 KASA Construction, Inc 8 Landforms Landscape Construction 9 Los Angeles Engineering Inc. 10 Mariposa Landscapes, Inc. 11 Nature Tech Landscaping, Inc. 7711 �t 1/ 12 Ocean State Development » 13 Ohno Construction Co. 14 Pimar-oamien 15 Rancho Pacific Engineering Inc. 3 �`: . �'✓ ' i 16 ROBERT REEVES CONSTRUCTION 17 Southland Construction r t�l ✓ 18 MSH Construction Co., Inc. 19 TTS Engineering, Inc. ✓i 21 Western Group Inc. 22 YAKAR / 23 26 a G` `5 - hlk a / Bid Opening Worksheet /3 z/e Y6 00 M� CITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 190 Huntington Beach , CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Patty Esparza Date: December 10,2010 To: City Clerk's Office Project/C.C.No.: C.C.No. 1346 2000 Main Street Regarding: Edison Park Proiect Bid Huntington Beach, CA 92648 ® 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: by email Item# Copies Pages I Description 1 1 2 Notice Inviting Sealed Bids Edison Community Complex, CC No. 1346 2 3 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2010-69 (adopted on 9/20/10), the City Council authorized the advertisement of the above listed project. Please find attached the Notice Inviting Sealed Bids for advertisement on 12/16/10, 12/23/10 and 12/30/10. The bid opening is scheduled for 1/I I/11 at 2:00 PM. Please contact me at 536-5247 with any questions you may have. B Y• Todd Broussard, Principal Civil Engineer c: file GACoNmucnoN CoNTmm(CCs)\CC1346 EDisON PARR REcoNnGURATION,PH.I\ENGINEERING\BID DOCS\NISB TRANsmffAL TO CLERK-CC-1346 EDISON PARK.DOC PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) SECTION A I am a citizen of the United States and a NOTICE INVITING SEALED BIDS for the resident of the County aforesaid; I am EDISON COMMUNITY COMPLEX over the age of eighteen years, and not YOUTH SPOR S COMPLEX PHASE I a party to or interested in the notice CC No.1346 in the published. I am a principal clerk of the CITY OF HUNTINGTON BEACH HUNTINGTON BEACH INDEPENDENT, PUBLIC.NOTICE WHEREBY GIVE 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 Which was adjudged a newspaper of Main Street, Huntington Beach, California 92648, up to the hour of 2:00 pm on January 11., 2011. Bids will•be publicly open in the Council general circulation on August 24, 1994, Chambers unless otherwise posted. Copies of the Plans, Specifications,and contract documents are available case A50479, for the City of Huntington from the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $50.00 nonrefundable Beach, County of Orange, and.the State... -_1 fee if picked up, or payment of a $75.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special '. of California. Attached to this Affidavit is delivery). Any contract entered into pursuant to this notice wilt incorporate the a true and complete copy as was printed provisions of the State Labor Code. Pursuant to the provisions of the l Labor Code of the State of California, the minimum prevailing rate of and published On the fOIIOWIng'date(s) per diem wages.for.each craft,classification or type of workman.needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the ! Office"of the Director of Public Works, 2000 Main Street, Huntington Beach,CA 92648. The AGENCY will deduct 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. December 16, 23, 30, 2010 The AGENCY hereby affirmatively ensures that minority business enterprises will be.afforded full opportunity to submit bids inresponse to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it,is prepared-on the approved Proposal forms in conformance with the Instructions to Bidders as,determined by the AGENCY.The bid must be accompanied by a certified check,cashier's check, or bidder's bond made'payable-to the AGENCY for an amount no certify (or declare) under penalty of less than 10% of the amount bid.The successful bidder shall be licensed in accordance with provisions of the Business and�Professions Code and shall possess a State Contractor's License Class A at the time of the perjury that the foregoing is true and bid-opening. The successful Contractor and his subcontractors will be required to possess.business licenses from the AGENCY. correct. Project Description: The project consists 'primarily of.regrading and modifying the existing turf and irrigation area adjacent to Hamilton;plus construction of a new parking lot and turn-around with landscaping on the south side of the existing community center. ❑The contract shall allow the Contractor 60 working days to complete the contract. Executed on December 30, 2010 in The engineer's estimate of probable construction cost for the work included in the basis of award is$1,000;000. The AGENCY reserves the right to reject any or all bids, to waive any at Costa Mesa, California irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,the 20th day of September 2010,by Resolution No.2010-69. 1. ��, �-- Attest: /s/Joan L.Flynn 1 CITY CLERK OF THE CITY OF HUNTINGTON BEACH 9 Published Huntington Beach Independent December 16, 23, 30, 2010 123-285111 Signatu SUCCESSFUL BIDS CC- 13 6 Edison Community Complex Youth Sports Complex, Ph. 1 CurO�Mo��, 20I1 Jt;F! I I Pf1 1 49 Q� 4Lk V1 coo ks Cal c_e.� CONTRACT DOCUMENTS SPECIFICATIONS .AND STANDARD DRAWINGS for the construction of EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1 CC No. 1346 in the CITY OF HUN' TIN' GTON BEACH ® J 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714)536-5431 BIDS DUE: January 11,2011 2:00PM,2ND(FLOOR City Clerk's Office k TRAVIS K. HOPKINS, DIRECTOR DEPARTMENT OF PUBLIC WORDS WEngineering Division'MASTER SPECIFICATIONSICIVILSPEC.doe vI Ver.1.13 I NOTE: If there are any questions relative to this project, please contact Todd Broussard at tbroussard(a(a�surfcity-hb.or ALL INQ UIRIES MUST BE'B Y EMA IL ONLY CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 MAIN STREET HUNTINGTON BEACH,CALIFORNIA 92648 TABLE OF CONTENTS SECTION A NOTICE INVITING SEALED BIDS......................................................................................A-1 SECTION B INSTRUCTIONS TO BIDDERS.............................................................................................B-1 1. Proposal Forms............................................................................................................B-1 2. Proposal Guarantee.......... ......................................... ..............................................B-1 3. Proposal Signature.......................................................................................................B-1 4. Delivery of Proposal................................................................................. .................B-2 5. Return of Proposal Guarantee......................................................................................B-2 6. Taxes............................................................................................................................B-2 7. Disqualification of Bidders..........................................................................................B-2 8. Contractor's License Requirement...............................................................................B-2 9. References....................................................................................................................B-3 10. Listing of Subcontractors...........................................................................................B-3 11.Discrepancies and Misunderstandings.......................................................................B-3 12. Equivalent Materials..................................................................................................B-3 13. Legal Responsibilities................................................................................................B-3 14. Award of Contract................................................................................... .................B-4 15. Material Guaranty......................................................................................................B-4 16.Execution of Contract................................................................................................B-4 17. Submission of Bonds and Insurance..........................................................................B-4 18. Addenda.....................................................................................................................B-5 19. Bid Protest.................................................................................................................B-5 20. Questions to the Engineer..........................................................................................B-5 iii SECTION C PROPOSAL ...............................................................................................................................C-1 BaseBid...........................................................................................................................C-2 Listof Subcontractors......................................................................................................C-3 NoncollusionAffidavit....................................................................................................C-4 UtilityAgreement............................................................................................................C-5 Disqualification Questionnaire........................................................................................C-6 Compensation Insurance Certification.............................. .............................................C-7 Underground Service Alert-I.D.Number......................................................................C-8 Bidder's Information...................................................................................................Cm-9'1 0 SECTION D SAMPLECONTRACT.............................................................................................................D-1 SECTION E SPECIAL PROVISIONS.....................................................................................E-1 PART I GENERAL PROVISIONS SECTION I - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS........................................E-2 1-2 DEFINITIONS SECTION 2 SCOPE AND CONTROL OF WORK.........................................E-2 2-1 AWARD AND EXECUTION OF CONTRACT 24 CONTRACT BONDS 2-5 PLANS AND SPECIFICATIONS 2-9 SURVEYING 2-10 AUTHORITY OF BOARD AND THE ENGINEER 2-11 INSPECTION SECTION 3 CHANGES IN WORK................................................................E-6 3-3 EXTRA WORK SECTION 4 CONTROL OF MATERIALS .....................................................E-7 4-1 MATERIALS AND WORKMANSHIP iv SECTION 5 - UTILITIES.....................................................:..............................E-8 5-1 LOCATION 5-4 RELOCATION 5-5 DELAYS SECTION 6 -PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK.....................................E-9 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-7 TIME OF COMPLETION 6-9 LIQUIDATED DAMAGES SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR......................E-11 7-I CONTRACTOR'S EQUIPMENT AND FACILITIES 7-2 LABOR 7-3 LIABILITY INSURANCE 7-5 PERMITS 7-8 WORK SITE MAINTENANCE 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-10 PUBLIC CONVENIENCE AND SAFETY 7-12 ADVERTISING SECTION 8 - FACILITIES FOR AGENCY PERSONNEL.............................E-17 8-1 GENERAL SECTION 9 -MEASUREMENT AND PAYMENT........................................E-18 9-3 PAYMENT PANT 2 CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS .............................................................E-19 200-1 ROCK PRODUCTS 200-2 UNTREATED BASE MATERIALS SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS .........E-19 201-1 PORTLAND CEMENT CONCRETE SECTION 203 - BITUMINOUS MATERIALS ..........E-20 203-6 ASPHALT CONCRETE SECTION 212—LANDSCAPE AND IRRIGATION MATERIALS................E-20 212-1 LANDSCAPE MATERIALS 212-2 IRRIGATION MATERIALS 212-3 ELECTRICAL MATERIALS PART 3 CONSTRUCTION METHODS SECTION 300 - EARTHWORK.......................................................................E-25 300-1 CLEARING AND GRUBBING 300-2 UNCLASSIFIED EXCAVATION SECTION 302 - ROADWAY SURFACING....................................................E-26 302-1 COLD MILLING OF EXISTING PAVEMENT 302-5 ASPHALT CONCRETE PAVEMENT SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION.............E-29 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS,ACCESS RAMPS AND DRIVEWAYS SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION...............E-30 306-1 OPEN TRENCH OPERATIONS SECTION 308—LANDSCAPE& IRRIGATION INSTALLATION..............E-32 SECTION 310 - PAINTING ....E-48 310-5 PAINTING VARIOUS SURFACES Technical Specifications 02500 Non Vegetative Site Materials 02783 Unit Pavers 02830 Chainlink Fencing 02860 Site Furniture and Amenities 16000 Electrical APPENDIX A DOWNLOAD PUBLIC WORKS STANDARDS APPENDIX B DOWNLOAD PROJECT PLANS AND SPECIFICATIONS APPENDIX C DOWNLOAD DE MINIMUS PERMIT FROM REGIONAL WATER QUALITY CONTROL BOARD APPENDIX D SAMPLE CITY BUSINESS LICENSE APPLICATION APPENDIX E INSURANCE AND INDEMNITY REQUIREMENTS APPENDIX F BOND FORMS j APPENDIX G PROJECT CONSTRUCTION SIGN APPENDIX H SOIL CLEAN UP STANDARD NO. 431-92 APPENDIX I ARBORIST REPORT—TREE PRESERVATION PLAN APPENDIX J MUSCO LIGHT STRUCTURE POLE AND CALCULATIONS vi CITY OF HUNTINGTON BEACH PLANS SPECIFICATIONS AND CONTRACT DOCUMENTS for the construction of EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE I CC No 1346 Prepared Under the Supervision of: `pNDSCAPF cv0 WD014 m y W t' ignatvre V' * AUGUST 31. 201t � Expiration Data DEC 07, 2010 1 Date � F OF CA���� .x_ nZ /b Robert R. ardoza, CA RLAflio. 1226 a e Approved by: s i Antonio OI os,City Engineer, R.C.E. No. 56814 Date SECTION A NOTICE INVITING SEALED BIDS for the EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1 CC No. 1346 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 2:00pm on January 11, 2011. 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 $50.00 nonrefundable fee if picked up, or payment of a $75.00 nonrefundable fee if sent by UPS ground delivery(bidder shall pay additional costs for special delivery). Any contract.entered into pursuant to this notice will, incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach,CA 92648. The AGENCY will deduct 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. i A-1 I ,. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Project Description: The project consists primarily of regarding and modifying the existing turf and irrigation area adjacent to Hamilton, plus construction of a new parking lot and turn-around with landscaping on the south side of the existing community center. e The contract shall allow the Contractor 60 working days to complete the contract. ® The engineer's estimate of probable construction cost for the work included in the basis of award is$1,000,000.00. The AGENCY reserves the right to reject any or all birds, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. 1 BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 20th day of September 2010, by Resolution No. 2010-69. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH x a 1 S 3 I S I A-2 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 may 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 CC 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 i 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. i t B-1 1 4. Delivery Of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1 C.C. No. 1346 in the CITY OF HUNTINGTON BEACH -DO NOT OPEN WITH REGULAR MAIL f 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, B-2 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. 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 or$1 0,000, whichever is greater. 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 and 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 B-3 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. 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. See Appendix F for the City approved Payment and Performance Bond Forms, The Contractor may use any standard form for the Bid Bond. 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 E P.O. Box 14171 I Orange, CA 92613-1571 (714) 935-6061, Contact Linda C. Wallace f Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy F,ndorseinent, 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 may 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 3 _ B-$ _ .. SECTION C PROPOSAL, for the EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1 CC No. 1346 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. 3 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. f C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option,be considered null and void. SCHEDULE OF PRICES - BASE BID Item P10 .. llescrcpfon -Estimated ><Jm# Ex#ended Amonnt Vttaim Construct Edison Park, c> 1 Phase 1, CC1346 1 LS $ 6�X';70 7 c7 7zg7 . J, TOTAL AMOUNT OF BASE BID: $7 IN WORDS: Cl�C,c.e DOLLARS AND ) CENTS Accompanying this proposal of bid, find ? in the amount of$ o which said amount is not less than 10%of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check",or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Pale Received Xidder's.,S" Mature ?,0117 i .. - C-2 _ City of Huntington Beach Public Works Department 2000 Main Street Tel. (714)536-5431,Fax (714)374-1573 ADDENDUM NUMBER ONE For EDISON COMMUNITY CENTER CC NO. 1346,PHASE 1 in the CITY OF HUNTINGTON BEACH January 3,2011 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REPLACE STOLEN TURF`VITH SOD TURF Revised Plans,Sheets L8,L9,&L10(See following pages 2,3,&4). Revised Specifications, Sheets E-38 and E-39, Section 308-4.8 Lawn Planting (See following pages 5&6). 2) CLARIFICATION On Sheet L6, only chain link fence "fabric" is to be vinyl coated. All other parts are not vinyl coated,but painted to match. This is to acknowledge receipt and review of Addendum Number one,dated January 3,2011. ompany N e y I v Dae All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please email Todd Broussard at tbroussard@surfcity-bb.org G:\Construcdon Contracts(CCs)\CC 1346 Edison Park Reconfiguration;Ph.1\Engineerhng\Bid Docs\t-ldde1idumkADDEND1JJ 1 1- CC 1346.doc LEST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number � � ..,., __ _y vo►l? lip .. t; -7�rTn-.P� ~itYJG' r'l [� ' r 9T �-?6 (:f /Z2 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. 4 f 2. That the AGENCY will be famished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 l : NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California County of 49ralTe- S a4J 6hvr►'0"46-uc b first duly worn, deposes and says that he or7a—& is of h Ok C the party making the foregoing bid-!-4,t 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. Aat6eL Name of Bidder c � i ` Signature of Bidder 0 z Address of Bidder Subscribed and sworn to before me this day of ,201 SANDY HARRIS ? Commission# 1821180 Notary Public-California Z San Bernardino County Z A My Comm.Expires Nov 1,2012 NOTARY PUBLIC � G�'r2 ✓ NOTARY SEAL C-a 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 EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1, (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, 4o�tractor t, Tit I Date: � � } t C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 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-b 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. Contractor 1 f Title Date: CA<�zv�3 4 l t kF k . .. C-i. UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 or 1-800- 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: xvo I Contractor i 1 rB3 Title Date: nz I 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: r Bidder Name Business Address e City, State Zip Telephone Number 55 State Contractor's License No. and Class Original Date Issued � o1 2 Expiration Date 7 The work site was inspected-q of our office onl� 20I'tr�J t" The following are persons, firms, and corporatigns having a principal interest in this proposal: a C-9 y. The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. :�ac 0la-4� b <. 1 Company Name 1 Signature of Bidd r Printed or Typed Signature Subscribed and sworn to before me this'Vaiday of r SANDY HARRIS Commission # 1821180 Notary Public -California z z ., San Bernardino County D My Comm. Expires Nov 1,2012 NOTARY PUBLIC ?C � ll NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bid er has performed simiI ork within the ast two years: 1. il�� r Name an�d,Address of Public Agency t L Name and Telephone No. of Project Manager: 1 V2.irL�( Qu- G ) J rontr'act Amount Type of Work Date Completed 2. cb­f oy\" (yf-C_0 si-) oo V\5k Name and Address of Public A ency Name and Telephone No. of Project Manager Contract Amount V Type of Date Completed 3. 1 r\ Name and ddr ss of Public Agency Name and Telephone No. of Project Manager: A Contract Amount Type of ork DatelCompleted C 10 - j i SECTION D 3 SAMPLE CONTRACT { 1 I f i t s 3 D-1 City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 21, 2011 C. S. Legacy Construction, Inc. 13263 Yorba Ave. Chino, CA 91710 RE: CC-1346 — Edison Community Complex & Youth Sports Complex, Ph. 1 Enclosed please find your original bid bond for CC-1346. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister Citip�tjMjcW�gtj9 &WgocNew Zealand (Telephone:714-536-5227) C.S. Legacy Constriction, Inc m' rt ^ ,m., 13263 Yorba Ave Chino, Ca 91710 2I 1 j,ml 1 f Fla l; 54 Phone (909) 590-2626 Fax (909) 590-4417 License No. 826870 Class A, B, C-27 DO NOT OPEN WITH REGULAR MAIL City of Huntington Beach Attn: City Clerk 2"d Floor 2000 Main Street Huntington Beach, Ca 92648 SECTION C PROPOSAL, for the EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PRASE 1 CC No. 1346 in the 1 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 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. SCHEDULE OF PRICES - RASE BID �tefi'N I)escraptaon Es4aaaa ated gTnrt Eateaided ouar> Construct Edison Park, 1 Phase 1, CC1346 1 LS $ 1:Z0 ,ALP-3- 00 TOTAL, AMOUNT OF BASF BID: $ 1 1 4&-3 . be IN WORDS ,cF 67•5 - Ga DOLLARS AND CENTS seveo k"nelrva "wen.+q +tioct s arYf. f=vur tu4ne-tr 5iK frees /l rr Accompanying this proposal of bid, find I fi vm� in the amount of$ 101, bid &rxl 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 1 11LNE� i c - PrPsi C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work k Number SXr rvfnl i rigK is & MV-P%rsf cw\dVCC *�s f�sphalf— ci2-wo p;1gr'►m f?pce cv►ipct-nq a026 3-ZI5 €. riaMce A-0. NQr4fn PafK,(4 3ta� 110 C-13 prp�.iciOn F-ii i twin I surV-cljors L-s 97 013 SuYV�' 723 I �aulca rAvi,#5i 111uhc� Cct �123� - �'r�o c�.s "� u r/wee l�� �. t�us�-i►�-�'S s m i f t� Ems;u�(�ntes?f �raG{in i253` 3r� C+- u G%t 9231?q -A G- ) Lvd5cctp I rr .r lr!r abgi 33-1,to Lu saffet )9VI - P-1VtrsioG Cr g2503 15Z 3o2 11,C-97 {ricue.(' C©4mch-nc( e I3(rr J i - GlU fto+ 'Llp 3�t Di mZhSi oYi fJf. �t�' 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 fuirnished by subcontractor for this project. C-3 I+1ONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID State of California ss. County of Orange GrPL4 l 54U.M1E , being first duly swo , deposes and says that he or she is E re�r Aerif of C.S'• C- C Agd;gtl r' , the party making the foregoing bid that the bid is not made in the in erest 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. C-S. Lpo a cq 6m 40c�ior� Irtc. Name of Bi der t t Signature 0?idder Gfogi --4raw_pfesit et4 132(P3 yorbtl PcW- ChiAo 67 c/17/0 Address of Bidder Subscribed and sworn to before me this 104 day of Jail f;(t 201 CLORIA MACIAS Commission 1732323 =N y Notary Pubec -Californiaz San Bernardino County D - Eviy Carr�m.Ex�sr�s Mari 8,201 i NOTARY PUBLIC 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 EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1, (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. C.5 (��ac. r �ns�raCfibr7. Int, Contractor By Title T Date: Will C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes M/No If the answer is yes, explain the circumstances in the space provided. N�- 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.S• LeciaCcrtS Contractor x t r By }Pr P S i dg f - GrPclI S�rt�W/IbF Title Date: i 110111 C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 or 1-800- 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: 1-13Z> C-S. Clans-4yc-600' Inc. Cont—ra i By Presi �94 - Greq'j 54ru-mvf- Title T^ Date: ( 10111 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: C. 5 L cC4Ce>nS1'rac+j-on, loc. Bidder Name 1 -/or ba 'eve Business Address 110 CA 917I0 City State Zip ( q0q ) 5go ' 2�e2co Telephone Number 82(o870 P , 6, C--.:a 7 State Contractor's License No. and Class 1012,1103 Original Date Issued 10131111 Expiration Date The work site was inspected by of our office on 201 L. The following are persons, firms, and corporations having a principal interest in this proposal: Cny)s�fuc-kon. Inc . Cyr pCi� s+►.W'Y1hE — -�T i C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. C.S. a U11 4yuoi oil ,rac . Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this-day of Jaf-)VGi, ,2 1 GLORIA MACIAS Commission # 1732323 Notary Pu@Ilc California z Z San Bernardino County LM.Comm.Expires Mar 18,2011 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. C1- 1 t?� B nnindl qq E. Pa. :yt S` • f3«nninc, Ox q:z2,z6 Name and Address of Public Agency Name and Telephone No. of Project Manager: -J�r LW_v SL a rf ri 57 ' `9 J°3�39 rllel, e741.00 Contract Amount Type of.Work Date Completed 2. f2 qgch Name and Address of Public Agency Name and Telephone No. of Project Manager: (-ajicl T-cuA l ar 7 14•103 7DQ 0 gA Z-3�-.D0 ta1'kEnq Lr imp° ► Contract Amount Type of Work Date Completed se-a 2. Rolse-, moo. OuA c1- Name and Address of Public Agency Name and Telephone No. of Project Manager: y ! b tpS. 52-io.00 Po'- : `nei LJ IMP. a 2c� Contract Amount Typ9 of Work Date Completed --, C-to L I 000 f2sEpooC7oon lanwasmemom C .S. LEGACY C.S. LEGACY CONSTRUCTION, INC. MINUTES OF BOARD OF DIRECTORS MEETING A SPECIAL MEETING OF THE BOARD OF DIRECTORS OF C.S. LEGACY CONSTRUCTION, INC.,A CALIFORNIA CORPORATION,WAS HELD AT 13263 YORBA AVE., CHINO, CA. ON JANUARY 1,2011 THE BOARD OF DIRECTORS OF THE CORPORATION: GREGG STRUMPF DIRECTOR CONSTITUTING ALL OF THE MEMBERS OF THE BOARD OF DIRECTORS WERE PRESENT AT THE MEETING. THE MOTION WAS DULY MADE,SECONDED AND CARRIED THE FOLLOWING RESOLUTION WAS ADOPTED: RESOLVED,GREGG STRUMPF,PRESIDENT,IS SOLELY VESTED FULL AUTHORITY TO SIGN ANY AND AN ALL CONTRACTUAL DOCUMENTS FOR THE CORPORATION,AND THEREFORE HAS THE FULL AUTHORITY TO OBILIGATE THE CORPORTATION IN ALL CONTRACTURAI MATTERS. THE UNDERSIGNED,NANCY MELLON, SECRETARY, CERTIFIED THAT GREGG STRUMPF IS THE DULY APPOINTED PRESIDENT OF C.S.LEGACY CONSTRUCTION, INC. AND THAT THE ABOVE IS A TRUE AND CORRECT COPY OF THE RESOLUTION DULY ADOPTED AT A MEETING OF BYLAWS OF SAID CORPORATION ON JANUARY 1,2011 IN WITNESS THEREOF,I HAVE AFFIXED MY NAME AS SECRETARY OF THE CORPORATION, AND HAVE ATTACHED THE SEAL OF C.S.LEGACY CONSTRUCTION, INC. TO THIS RESOLUTION. DATE: JANUARY 1,2011 '- A 'U' NANCY MELLON SECRETARY 1.3263 Yorba Avg Chino,Ca. 91710 (909)590-2626 (909)590-4117 fax City of Huntington Beach Public Works Department 2000 Main Street Tel. Qt4)536-5431, Fax(714) 374-1573 ADDENDUM NUMBER ONE For EDISON'COMMUNITY CENTER CC NO_ 1346,PHASE 1 in the CITY OF HUNTINGTON BEACH January 3,2011 Notice to All Bidders: Please note the following da. n to the P Plans, Specifications,and Special Provisions: 1) REPLACE STOLEN TURF WITH SOD TURF Revised Plans,Sheets L8,L9,&LIO(See following pages 2,3,&4). Revised Specifications,Sheets E-38 and E-39,Section 308-4.8 Lawn Planting(See following pages 5&6). 2) CLARIFICATION On Sheet L6, only chain link fence "Fabric" is to be vinyl coated. All other parts are not vinyl coated,but painted to match. This is to acknowledge receipt and review of Addendum Number one,dated January 3,2011, CompanyNathe By Brno shawN}i-esidmV Date All bidders mint acknowledge the receipt of thiis addendum with your bid proposal. Should you have any questions regarding this Addendum,please email Todd Broussard at tbroussard@swfcity-hb.org G:\C(3nstnution Contracts(CCs)�'.Ct3 Edison Pwk-R wation,Ph.I\Engineering\Bid Docs\Addendum\ADDENDUM I- CC JWWoc ERENCES 1. Eagle Glen Corner Drainage improvements Eagle Glen Apartments LLC c% Mr. Michael S. Aimola J&M Realty Company 1651 E. Fourth St. Suite 250 Santa Ana,Ca. 92701 (714)285-1170 (714)285-1178 FAX Completed March,2004, $56,000.00 2. Santa Ana Zoo DG Howard S. Wright Construction Mr. Greg Ahman 18500 Von Karman Ave. Suite 420 Irvine, Ca. 92012 (949) 567-1909 (949)567-1917 FAX Completed April,2004 $52,000.00 3. Canada Vista Park Parking I of Expansion City of Rancho Santa Margarita Jacque Niemi 30211 Avenida de las Banderas Suite 101 Rancho Santa Margarita,Ca. 92688 (949)635-1800 (949)635-1840 FAX Completed May,2004 $351,577.49 4. Crown Valley Parr Synthetic Soccer Field City of Laguna Niguel Nicholas Renn 27911 La Paz Road Laguna Niguel,Ca. 92677 (949)362-4341 (949)362-4385 FAX Completed June 2004 $539,217.49 5. Freeman,Bell,&Thornburg Park Playground Renovation City of Gardena Dave Negrete P.O.Box 47003 Gardena,Ca. 90247 (310)217-9500 (310)217-9876 Completed June 2004 $355,069.90 6. Delta Plant Fencing&lAndscaping City of Monterey Park Mr.Elias Saykali 320 W.Newmark Ave. Monterey Park,Ca. 91754 (626)307-1320 (626)307 2500 FAX Completed July 2004 $120,580.00 7. Eagle Glen Street Improvements Eagle Glen Apartments,LLC c/o Mr. Michael S. Aimola J&M Realty Co. 1651 E. Fourth St. Suite 250 Santa Ana,Ca. 92701 (714)285-1170 (714)285-1178 Completed July 2004 $153,250.00 & Ayala Park Temporary Parl&g lAt City of Chino Carolyn Baltzer,Asst.Project Coordinator P.O.Box 667 Chino,Ca. 91708 (909)627-7577 (909)464-0799 FAX Completed 9/04 $95,730.00 9. Site Prep for 2 Mocatables @,New Ventures Huntington Beach Union High School District Nelson M. Cayabyab Director of Facilities 10251 Yorktown Ave. Huntington Beach,Ca. 92646 (714)964-3339 (714)963-7684 FAX Completed 9/04 $227,455.00 DSA Inspected 10 SR 79S Sidewalk Improvement Project City of Temecula Avlin R. Odviar Asst.Engineer P.O.Box 9033 Temecula, Ca. 92589 (951)694-6411 (951)693-3929 FAX Completed 9/04 $147,328.00 11. Lincoln Ave.Median Landscape Improvements City of Buena Park Wood Nousome Assn.Engineer P.O. Box 5009 Buena Park,Ca 90622 (714)562-3676 (714)562-3677 FAX Completed 6/05 $816,000.00 12.Floe Packer Landscape Improvement City of Lake Forest Steve Velasco,Engineer (949)461-3480 (949)461-351 l FAX 25550 Commercentre Drive Lake Forest,Ca 92630 Completed 5/05 $91,974.32 13.Replacement of Lang Parr May Equipment City of Laguna Beach Derek Wieske,Asst.City Engineer 505 Forest Ave. Laguna Beach,Ca. 92651 (949)497-3311 (949)497-0771 FAX Completed 1105 $182,299.00 14.Edison High School SAC Addition 15.Huntington Beach High School Elevators Huntington Beach Union High School District 10251 Yorktown Huntington Beach,Ca 92646 Nelson Cayabyab Director of Facilities (714)964-3339 (714) 963-7684 FAX Edison High School Completed 5105 $391,576.42 Huntington Beach Elevators Completed 05106 $780,956.00 16.T'alega Recreation Center Phase 3 Talega.Partners 951 Calle Negocio Suites D San Clemente, Ca. 92673 Charlie Mallon Project Manager (949)498-1366 (949)369-7659 Complete 6/05 $490,679.55 17.Rancho San Jacinto Play Areas Imp. City of San Jacinto 201 East Main St. San Jacinto,Ca. 92583 Ray Sanchez/Pam Stull (951)487-7342 (951)654-3728 FAX Completed 3/05 $294,836.00 18.Shady Grove Park City of Chino 13220 Central Avenue Chino,CA 91708-0667 Mike Knolling (909)464-0768 (909)464-0799 FAX Completed 10/05 $1,344,705.00 19.Pinacate Middle School Perris Union 1-Iigh School District 155 East Fourt Street Perris,Ca 92570 Jeremy Chou (909)987-0909 Completed 2005$298,182.00 DSA Inspected 20.Monte Vista Splashpad City of Chino P.O.Box 667 Chino, Ca 91708 Arlene Salazar (909)464-0770 (909)590-5581 Fax Completed 4/06$227,187.12 21.Playg round Retrofit City of Chino 13220 Central Ave. Chino,CA 91708-0667 Carolyn Baltzer (909)627-7577 (909)464-0799 FAX Completed 12/05 $285,965.00 22.Starshine Park City of Diamond Bar 21825 Copley Drive Diamond Bar,CA 91765-4177 Ryan Wright (909)839-7072 (909)861-3117 FAX Completed 06/05 $269,337.00 23.Sycamore Canyon.Park City of Diamond Bar 21825 Copley Drive Diamond Bar,CA 91765-4177 Ryan Wright (909) 839-7072 (909) 861-3117 FAX Est. Completion 01/06 $462,373.52 24.Rancho San Jacinto Basins City of San Jacinto 201 East Main St. San Jacinto,Ca. 92583 Ray Sanchez/Pam Stull (951)487-7342 (951)654-3729 FAX Completed 07/05 $868,589.12 25.Victoria Gardena Lane Median City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga„CA 91729-0807 Jerry Dyer (909)477-2700 (909)477-2849 FAX Completed 12/05 $155,482.00 O Neil Park City of Mission Viejo 200 Civic Center Mission Viejo, CA 92691 Keith Rattay (949)470-3000 (949) 581-0983 FAX $718,029.96 29.ATL Building Irrigation&Landscape Chaffey College 5885 Haven Ave. Rancho Cucamonga,CA 91737 Sarah Riley (909)477-8547 (909)477-8571 FAX Completed 05/06 $286,910.61 28. YMCA Daycare Center City of Mission Viejo 200 Civic Center Mission Viejo,CA 92691 Jerry Hill (949)470-3052 (949)581-0983 FAX Completed 04/06 $239,542.00 29.Grass Playfields Long Beach Community College 4901 E. Carson Street Long Beach,CA 90808 Sandy Mathis (562)938-4111 (562)938-4118 FAX Completed 05/06 $520,247.88 30.Yucca Park City of Los Angeles 200 N. Spring Street Los Angeles,CA 90012 Contact:Richard Chang (213)978-1912 (213)978-1901 Fax Completed 10/06 $574,960.24 31.Fullerton High School Landscape 32.1F'ollerton High School Site Work Erickson-Hall Construction Co. 1021 W. Bastanchwy#110 Fullerton, CA 92833 Contact: Santosh Mhapsekar (714)738-4995 (714)738-5194 Fax Fullerton High School Landscape Completed 03/06 $113,051.00 Fullerton High School Site Work Completed 03/06 $239,422.00 33.Brea Blvd.Median Landscape City of Brea 1 Civic Center Circle Brea, CA 92821 Contact:Raul Lising (714)671-4450 (714)990-2258 Fax Completed 08/06$1,344,650.00 34.Villegas Park Improvements 35.Monroe Street Wall 36.Sidewalk Curb&Gutter City of Riverside 3900 Main Street Riverside,CA 92522 Contact:Daniel J. Simmons (951)826-5591 (951)826-5542 Fax Villegas Park Imp. Completed.2006 $306,523.00 Monroe Street Wall Completed 10/2006 $200,679.00 Sidewalk Curb&Gutter Completed 10/2006 $948,142.00 37.Veen Square Improvements City of Lynwood 11330 BulIis Road Lynwood,CA 90262 Contact: Jorge Roque (310)603-0220 (310)635-0493 Fax Completed 10/06$470,047.00 38.Freeway Beautification City of Riverside 3900 Main Street Riverside,CA 92522 Contact:Daniel I Simmons (951)826-5591 (951)826-5542 Fax Completed 09/06 $245,685.00 39.Veterans Memorial City of Paramount 16400 Colorado Ave. Paramount,CA 90723-5012 Contact:Jack Perich (562)220-2000 (562)630-6731 Fax Completed 10/06 $995,680.77 40.Lincoln St.Park City of Lake Elsinore 130 S Main St. Lake Elsinore,Ca 92530 Dave Solomon (951)674-87-61 (951)674-3124 Fax Completed 3/07$769,634.40 41.Mistletoe Park gyp. City of San Jacinto 248 E. Street San Jacinto,Ca 92583 Contact: Mire Emberton (951)6544041 (951)487-7382 Completed 02/07$220,966.60 42.Ramsey Street Medians City of Banning 99 E.Ramsey Street Banning,Ca 92220 Contact:Arturo Vela (951)922-3130 (909)922-3141 Fax Completed 05107$914,522.00 43.Alicia Parkway Medians City of Laguna Hills 24035 El Toro Road Laguna Hills,Ca 92653 Contact:Kenneth Rosefield (949)707-2650 (949)707-2633 Completed 05/07$434,021.89 44.1Foothill Blvd.Medians Lewis Operating Corporation 1156 North Mountain Ave. P.O. Box 670 Upland, Ca 91785 Contact: Stacy Lin (909) 985-0971 Completed 05/07$166,373.29 45.Foothil➢Blvd.Perimeter Lewis Operating Corporation 1156 North Mountain Ave. P.O. Box 670 Upland,Ca 91785 Contact: Stacy Lin (909)985-0971 Completed 05/07$475,333.22 46.Chino Hills 1Pkwy Monument City of Chino Dills 2001 Grand Avenue Chino.Hills,Ca 91709 Contact: Anne Dutrey (909)364-2760 (909)364-2791 Fax Completed 4/07$300,175.00 47.Laguna Niguel Amphitheater City of Laguna Niguel 27791 La Paz Road. Laguna Niguel,Ca 92677 Contact:Nicholas Renn (949)36243414 Completed 5/07$157,900.00 48.Chapman Ave and Katella Ave Streetscape City of Stanton 7800 Katella Ave Stanton,Ca 90680 Contact: Sean Crumby (714)379-9222 Ext.204 (714) 890-3123 Fax Completed July 2007$905,480.50 49.Cerritos Ave Streets<cape City of Stanton 7800 Katella Avenue Stanton,Ca 90680 Contact: Sean Cnamby (714)379-9222 Ext.204 Completed 9/07$1,059,468.62 50.1Foglesong Park City of Barstow 220 East Mountain View Street Barstow,Ca 92311 Contact: Jeanette Hayhurst (760)255-5146 (760)760-256-5621 Completed 02/08$381,825.00 Percent Completed 100% 51.Las Flom Park City of Malibu 23815 Stuart Ranch Road Malibu,Ca 90265 Contact: Arthur Aladjadjian (310)456 2489 (310)456-3356 Fax Completed 09/08 2,040,673.00 52.Serrauno Creek flay Structure City of Lake Forest 25550 Commercentre Dr. Lake Forest,Ca 92630 Contact:Jesse Caballero (949) 855-5764 (949) 855-7050 Fax Completed 12/07$417,545.32 53.Thompson Basketball.Park City of Oxnard 305 West Third Street Oxnard,Ca 93030 Contact:Patricia C. Friend (805)385-7821 (805)805-385-8329 Fax Completed 11/07$200,462.85 54.College Park City of Oxnard 1060 Pacific Avenue_Building 2 Oxnard,Ca 93030 Contact:Patricia C.Friend (805)385-7821 (805)385-8329 Fax Completed 4/08 2,343,473.50 55.Whittier High School Quad Whittier Union High School District 9401 So. Painter Ave. Whittier,Ca 90605 Contact:Doug Oandorff (562)698-8121 Ext 1537 Completed 0812008$1,009,783.00 56.Meadows Park City of Lynwood 11330 Bullis Road Lynwood,Ca 90262 Contact:Arsenio Frontela (310)603-0220 (310)635-0493 Completed 9/08 $1,473,593.20 57.Hesperia Civic Plaza City of Hesperia 9700 Seventh Ave. Hesperia,Ca 92345 Contact:David R Burkett (760)947-1202 Completed 9/2008$3,500,000.00 58.Garcia Park City of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, Ca 91729 Contact: Cathy Dawson (909)477 2740 Ext. 4080 (909)477-2746 Fax Completed 09/08$1,831,717.25 59.Westmister JIL5.Parking I of Huntington Beach.U.H.S.D 5832 Bolsa Ave., Huntington Beach,Ca 92646 Contact: Celia Taylor (714)903-7000 (714)372-8105 Completed 01/09$854,832.00 60. I000 Palms Community Park Riverside County Redevelopment C/O Ian Davison Landscape Architecture,Inc. 3744 Tenth St. Suite 200 Riverside,Ca 92501 Contract: Ian Davison (951)683-1282 (951)683-4352 Completed 12/08$775,000.00 61.Moorpark College Walkway Ventura Community College C/O Heery 103 Durley Avenue Camarillo,Ca 93010 Contact: Dick Jones (805)384-8152 (805)384-8155 Completed 12/08$359,956.00 62.Banning Parking Lot City of Banning 99 E. Ramsey Street Banning,Ca 92220 Contact:Holly Stuart (951)922-3138 (951)922-3141 Completed 12/08$961,941.00 63.Huntington.Beach HS Tennis Courts Huntington Beach Union Nigh School District 5832 Bolsa.Ave Huntington Beach,Ca 92649 Contact:Celia Taylor (714)903-7000 (714)372-8105 Completed 03/2009$1,475,370.00 64.Downtown Infrastructure City of Indio 100 Civic Center ball Indio, Ca 92201 Contact: Mariano Aguire (760)541-4230 (760)391-4021 Completed 09/2009 3,550,000.00 65.Whit Carter Park City of Lancaster 44933 Fern Ave Lancaster,Ca 93534 Contact:Raymond M.Hunt (661)945-6865 (661)952-5374 Completed 09/2009$3,600,000.00 66.Soccer Field Beverly Hills Unified School District 255 S. Lasky Drive Beverly Hills,Ca 90212 Contact: Arturo Arce (310)550-8049 (310)551-0287 Completed 05/2009$363,935.00 67.Veterans Park Sports City of Colton 650 N. La Cadena Dr Colton, Ca 92324 Contact: Thomas I Williams (909)370-5099 Completed 11/2009$3,500,000.00 68.Son*Laguna Streetsca➢ee City of Laguna Beach 505 Forest Ave Laguna Beach,Ca 92651 Contact:Lisa M.Penna (949)497-0792 Completed I M009$848,282.00 69.Marina High School Courts Huntington Beach U.H.S D 5832 Bolsa Ave Huntington Beach,Ca 92649 Contact: Celia Taylor (714)903-7000 Completed 10/2009$1,268,639.00 70.Thundersky Park City of Riverside 3900 Main Street Riverside,Ca 92522 Contact: Andrew Emery (951)826-5311 Completed 10/2009$1259,000.00 71.Mary Van Dyke Park City of South El Monte 1415 N. Santa Anita Avenue South El.Monte,Ca 91733 Contact:Norma Macias (626)579-6540 Completed 12/2009$1259,000.00 72.Prinee Desert Pavilion City of Lancaster 44933 Fern Ave Lancaster,Ca 93534 Contact:Neal Knopik (661)72-6000 Completed 10/2009$145,674.00 73.Robinson Park City of Pasadena 100 North Garfield Avenue Pasadena,Ca 91109 Contact: Steven L.Wright (626)744-7389 Completed 12/2009$2,459,699.00 74 lnster H.S.South Parking Lot Huntington Beach Union High School District 5832 Bolsa Avenue Huntington Beach, Ca 92649 Contact:Celia Taylor (714)903-7000 Completed 10/2009$ 1,065,526.00 75.Huntington Beach H.S.)Fire lane Huntington Beach Union High School 5832 Bolsa Ave Huntington Beach,Ca 92649 Contact:Nelson Cayabyab (714)903-7000 Completed 10/2009$664,687.00 76.-Villa&Singer Restrooms City of Pasadena 100 North Garfield Avenue Pasadena, Ca 91109 Contact: Steven L. Wright (626)744-73 89 Completed 7/2010$458,855.00 77.Taft College Courtyard West Kern Community College District C/O AP Architects 3434 Truxtun Ave. Suite 240 Bakersfield,Ca 93301 Contact:Maggie Franco (661)327-1690 (661)327-7204 Completed 05/2010$1,585,150.00 78.Allan Hancock College Allan Hancock College 800 S. College Drive Bldg B Santa Maria,Ca 93454 Contact:Linda Shelby (805)922-6966 Completed 05/2010$1,443,928.00 79 Skinner Improvements Riverside County Regional Park&Open- Space District 4600 Crestmore Rd Riverside,Ca 92509 Contact:Jason Plotkin (951)955-0169 (951)955-1383 Completed 7/2010$4,162,378.55 80.West Downtown Pedestrian Improvement City of Santa Barbara 630 Garden Street Santa Barbara,Ca 93102 Contact:Eric Maple (805)564-5377 (805) 897-2613 Still Working Original Contract$2,299,220.00 81.IFairmount Park Universal Play Area City of Riverside 3900 Main Street Riverside, Ca 92522 (951) 826-2000 (951) 826-2005 Contact: Andy Emery Completed 06/2010$2,207,907.00 82.Palm.1Dr&Pierson Streetsmpe City of Desert Hot Springs 65-950 Pierson Blvd Desert Hot Springs (760)329-6411 (760)288-0606 Contact:Jonathan Joy Completed 06/2010$3,221,889.93 83Xastside Box&Woodward Parks City of Yorba Linda 4845 Casa Loma Avenue Yorba Linda,Ca 92885 Steve Campbell (714)961-7168 Completed 06/2010$1,067,515.41 84.Peek Park City of Los Angeles 1149 South Broadway Los Angeles,Ca 90015 (213)847-1922 Contact: Mary Carter Still Working Original Contract$3,636,946.00 85.Pioneer High School Sitework—Quad Whittier Union High School District 9401 S Painter Ave Whittier,Ca 90605 (562)698-8121 Contact: Stephanie Ruternbeck Completed 09/2010 Original Contract$1,088,487.00 86.MIT.Sac Upgrade Field Mt. San Antonio College 1100 North Grand Avenue Walnut, Ca 91789 (909)594-5611 Contact: Teresa Patterson Completed 10/2010 Original Contract$485,847.00 87.El Toro Park Renovation City of Lake Forest 25550 Commercentre Dr Suite 100 Lake Forest,Ca 92630 (949)461-3400 Contact:Luis Estevez Completed 09/2010 Original Contmt$363,681.00 88.Van Wig Courtyard Renovation Bassett Unified School District 904 N. Willow Ave La Puente,Ca 91746 (626)839-9300 Contact: Wilson Vasconez Completed 10/2010 Original Contract$648,276.00 ALI Document A310-Efectronic Format Bid Bond THIS DOCUMENT HAS IMPORTANT LEGAL.CONSEQUENCES:CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED ALA DOCUMENT MAY 13E MADE BY USING AIA _DMUMENT D401. KNOW ALL MEN BY THESE PRESENTS,that we C.S.Legacy Construction,Inc. (Hew iaratW no=and addresor)egal[le(eofcontractor) as Principal,hereinafter called the Principal,and Vigilant Insurance-Company (Hem him)frill nanx and address orkgd if[kasutrtr) New York a corporation duly organized under the laws of the State of as Surety,hereinafter called the.Surety,are held and flivily bound unto City of Huntington Beach (HerehmafuUname and afdressorkgallideofowner) as Obligee,hereinafter called the Obligee,in the sum of Dollars(S),for the payment of which sum well and tr.dy 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. *Ten Percent of Amount Bid(10% of Amount Bid) WHEREAS,the Principal has submitted a bid for Edison Community Complex and Youth Sports Complex Phase 1 (Hereinter[fu/1namG addseuanddescription ofproiecl) 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 spedfied 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_ 6th - Janurary Signed and sealed this day of 20 11 C.S.Legacy Constru ion,Inc. . t tlYt[ness) (Principal (Seat) (Title) Gregg S m e See Attached Acknowledgment Vigilant Ins rance Company (�tneSs) (Surety) (Seal) (Trdle) Kevin P.Reed,Attorney-in-Fact t97 T RI i TITUTE OF 17 C ,17 N ORK E, A H ON. .C. -5 AIA M -BID BOND-FEBRUARY 1970 EDITION-AIA®-Unlicensed photocopying violates U.S.copyright laws and is subject to legid prosecution_This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below.user Document:a3lOmast.aia—V22/2003.AIA License Number 1111124,which expires on 12 M003. Electronic Format A310-1970 1 CALIFORNIA A.LL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Bernardino On January 10, 2011 before me, Gloria Macias, Notary Public , (Here insert name and title of the off£cer) personally appeared_ Gregg Strumpf who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I.certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. GLORIA MACIAS Commission # 1732323 16 WITNESS my hand and official seal_ a Notary Public -California Z San Bernardino County f MyComm.;:Yr sMar18,2D71 Signature of Notary Public l (Notary ) ows ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM _ Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be BIDBOND properly completed and attached to that documew. 7h. only exception is ifo document is to be recorded outside of California_In such instances,any alternative {Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(t.e. certifying Ilse authorized capacity of the signer). Pleave check the (Title or description ofattached document continued) document carfuuyfor proper notarial wonting anaattach this form J required. Number of Pltges Document Date • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. Date of notanzatitm must be the date that the signers)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public)_ • Print the names)of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER = Indicate the correct singular or plural forms by crossing off incorrect foam(i.e. ❑ Individual(s) Ile/she/tlley-is iam)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. Corporate Offioer The notary ncal irapvcssion must bo clur and photographically rcproduciblo. President Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) Signature of the notary public must match the signature on file with the office of ❑ Attorney-in-Factthercountyclerk, Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document ❑ Other 4e Indicate title or lyric of attached document,number of pages and date. -S Indicate the capacity claimed by the signer.If the claimed capacity is a corporwo officer,indicate the tide(i.e.CFO,CFO,Secretary). • Securely attach this document to the signed document 7A08 Vcnion CAPA vl?..10.07 800-873 9865 wwwNotaryClasxs.com CALIUFORNILA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ORANGE _ on January 6,2011 before nw, Brandon K.Grindet,Notary Public {flirt fmorr eaeoe�tidr afar nfirera) personally appeared Kevin P_Reed who proved to me on the basis ofsattsftctory evidence to he dw person($)whose name(s)isdare subsimbed to the within instrument and acknow{tdged to the drat be(AwAhey executed the same in FIIsJttaltiseir authorized capacityf res),and#hat by hislherRheir sigrat mz(s)on the instrument the person(s),or the entity upon behalf of which the pmm(s)acts executed the ntsirtartent. I certify under PENALTY OF PERJURY under the taws of the State of California that the fort going paragraph is tux and corn ct_ - , , - r WANDO14 ILGt1 ML Comm. 81893079 y ESS ray and o seal Notary Public-California in Orange County ..l Cam.EnoresJun 1&2014 She dNa�y Fade - J ) A DlDIiT€ONAL OY7"t,ONAL YPI>@'ORI ATFO1N D49M ICTIO S FOR COMPLEt2NR THIS FORM DESCR.IPTIOTI OF 314E ATTACHED DOC WEt3T `� aw 'r rewn 6- apps�s adD+s fn t� 'Nt�kaa or a aa—pwapr odvoktwow JI6aa nr®v d✓ p mu'lby cavraftd died 404ekd as rfffi dac�4 27mr only L D - _. b to&&,*V WI,'.]0a9�aflCa c ba nzh itm dig'n4mam+ra CCA1e ar dFaoyttan arataeidwd 6onarmt) *aftir m aqv dr pnt*d Da.oaf+a doh sa AUK m e6r oubhg0 data am migaM.alr ammy to A,somaft Ae a fret j.,D mn6ay in Ckik rnFn Ito ".266V der adeb-itd vp-wy of d r PS -J.Arenas chmi dye �.. (rilk ardm�ttma ofeuuAM doo�swaimul) do-oomc.d4fy t6rpmpr --d-wm*d4uf—tjcvpmof - Nuvibtr of eaves.. IJoeUnx"Dart January 6,2011 - St w and Coney ram be f8e Sm+c and comity-*=me due no= t*se s)poxamdly eppemad btfarc at m>iwy PMw rar t Av=a! - Om erieoa.1, emnd tm tAa$loan 4aot ttrt d+�ts)9samrastfY eppaaod Amsbabotiesisas doe*v ackmDwWrand is*on~ tAdduionl ) - 'nc momvT -**pm%a or brr a®ma as u a+iCedn bb as h- m N..... smdbgaoas+armdmm7aur W°Wotm9towo) - Prima tho nzotigs)or daamtmer (s) $to pmuoetmy appose a she foes of _ rmamva7iDrs CAPACITY CLAIMED BY THE SIGNER - 1 The tmvoa s aqpdm w quej boons by rnosamomg off mrm j 'r to, (m c. 0 lndiwi&Wl(S) A riPssyrakss)ar tpcllagibc cmnct toner FaJmzrocar-ctty4 orhu mformrias607 fold torgoodeniddoa,ssastr namrFmg 11 CorPMW officer - The oatny sal aqveimw mom Et daa and phemgsphkn 1y ttpro l cNe. hapmc sim rmr even an OF lino_If srsf a"Pnoaian siottilgas rosca)if a (1`ek) asrm Facia,don-fstmmpaeoeam"rAa®a fain 17 PWUWKS) •s�latt d Use tma�m patslec aav»oam:t awe as rat Wars da arias om the aoavly dc& - X AUMUcy-ifr-Fed - a Ada0aaa5 mfrnaeaon 15 mat requend tat oorbd bop to ammo thn C3 Trrstee(s} is act to aamad w aftwitted on a dagwo . ❑ Qtbn a fsieae oft or typo oSamdtal&massy aeo f2c orpogo and doer A (adiaae she ecpmcdy dmmed by f11C signer,k tAo dakwil capacay is a =qormarem a afetide6'r-CM,CfU.Shy) - - Sactaidy amaach ffie Qmamt�as�aigaed docrosrm - 2008YatiwCMAv1L1Q07800.973,M65 wnsw.liotayCfagtscan Via 41 � ! or i fittE es a� ir ir Ir he Iff �E � f�t�l� � P � �fe City ®f Huntington Beach 2000 Main Street e Huntington Beach, CA 92648 o OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK March 21, 2011 Elite Landscaping, Inc. 2972 Larkin Clovis, CA 93612 RE: CC-1346— Edison Community Complex & Youth Sports Complex, Ph. 1 Enclosed please find your original bid bond for CC-1346. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister Citiqji to 1WjcjAp&qt/�et lWk4.q jNew Zealand (Telephone:714-536-5227) W XF 2972 LARKIN FS a CLOVIS, CA 93612 � TO: CITY OF HUNTINGTON BEACH City Clerk, Second Floor 2000 Main Street k � ' Huntington Beach, CA 92648 a , PROJECT: Edison Community Complex and Youth Sports f. Complex,Phased CC No. 1346s BID DATE/TIME: January 11, 2011 @ 2:00 pm � "s G P g a y' "d a�,• '.� ,• ,. "�:'. �:. .:... ; .,a ""+.. � .Ya+, t nk T, ...7 a .... �' „. ,,F. -; ;9.�� ,y � tlt`b+4;, "u� SECTION C PROPOSAL for the EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE I CC No. 1346 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 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. SCHEDULE OF PRICES e BASE BID �teh N0 Dcscrapt��a Es utxiated ><7nat Extended lxnoumt > Construct Edison Park, Z 1 Phase 1, CC1346 1 LS $ TOTAL AMOUNT OF BASE BID: $ V z . 73 Z IN WORDS: Al ' 14tw,,drrA j�� 1 �� 7/h o{d f'' �_ 7'COo DOLLARS AND ' CENTS Accompanying this proposal of bid, find Bidder's Bona in the amount of$ 10 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check",or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. date.deceived � � /Bidder''s k nature 1 1-3-11 ------------- C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor .State License Class of Fork Number (1 e-sr . C_ ? z-3/ oL,\)CJ ✓ G ��►�� s"� /d By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO DE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County off Fresno Guy Stockbridge , being first duly sworn, deposes and says that he or-� is President of Elite Landscaping, 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. E 1 iutj nds apinq, Inc. miKof Bid r Sig tune of Bidder Stockbridge,President 2972 Larkin Avenue C1 ovi,-,+ CA 9- 612 Address of Bidder Subscribed and sNV ,n to before me this day of , 201_ NOTARY PUBLIC NOTARY SEAL C-4 State of California County of Fresno Subscribed and sworn to (or affirmed) before me on this 2011 by Guy Stockbridge provided to me the basis of saisfactory evidence to be the person(s)who appeared before me. KATHY SEDRA Commission # 1907006 a @My Notary Public-California Fresno County Comm Expires Oct 7, 2014 Notary Signature l rSedra, Notary Public (Notary Seal) 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 EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1, (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. E1 ' L caring, Inc. C nt act r By Guy tockbridge President Title Date: January 11, 2011 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes 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. Eli n capi g, Inc . Co rat r By Guy -o e President Title Date: January 11, 2011 C-7 UNDERGROUND SERVICE ALERT EMI T10N I`U ER (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 811 or 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 USA. 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: Elite Landscaping, Inc . Bidder Name 2972 Larkin Avenue Business Address Clovis CA 93612 City, State Zip � 559 )292-7760 Telephone Number 645591 A, B, C8 , C27, C61/D09, C61/D34 State Contractor's License No. and Class 05-20-1992 Original Date Issued 05-31-2012 Expiration Date The work site was inspected by of our office on , 201—. The following are persons, firms, and corporations having a principal interest in this proposal: Guy Stockbridge, President C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the roposed work and improvements in accordance with the plans and specifications set fad Elite Landscap ' nq . Company Name Signature of Bidder Guy Stockbridge, President Printed or Typed Signature Subs b d and-swom to before me this_day of , 201_ . NOTARY PUBLIC NOTA-R)' SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: - l City of Wersf ield Name and Address of Public Agency Name and Telephone No. of Project Manager: Ralph Braboy (661 ) 326-3000 $3998,598.D0 Landscape/Irrigation, Spray Eafk 05/27/10 Contract Amount Type of Work Date Completed 2. City of Modesto Name and Address of Public Agency Name and Telephone No. of Project Manager: 'tTbk Salinas (209) 572-5462 $866,963.00 ! andscapa/Irrigation/Concrete 09/15/08 Contract Amount Type of Work Date Completed 3. Hanford Jt Union High school nistr'^t Name and Address of Public Agency Name and Telephone No. of Project Manager: Javier Cavazos (559) 584-1575 $1 ,745,849.00 Landscape/Irrigation 09/m5/09 Contract Amount Type of Work Date Completed C-10 State of California County of Fresno Subscribed and sworn to (or affirmed) before me on this � a"-OjtL� 2011 by Guy Stockbridge provided to me on the basis of satis actory evidence to be the person(s)who appeared before me. ®mom KATHY sEORA Commission# 1907006 Notary Public-California Fresno County My Comm. Expires Oct 7,2014 Notary Signature -- Kpathy Sedra, Notary Public (Notary Seal) City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For EDISON COMMUNITY CENTER CC NO. 1346,PHASE 1 in the CITY OF HUNTINGTON BEACH January 3,2011 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REPLACE STOLEN TURF WITH SOD TURF Revised Plans,Sheets L8,L9,&L10(See following pages 2,3,&4). Revised Specifications, Sheets E-38 and E-39, Section 308-4.8 Lawn Planting (See following pages 5&6). 2) CLARIFICATION On Sheet L6, only chain link fence "fabric" is to be vinyl coated. All other parts are not vinyl coated,but painted to match. This is to acknowledge receipt and review of Addendum Number o a ed u 12011. Elite Landscaping, Inc . Company Name By Guy Stockbr' e, President ------------ January 11, 2011 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please email Todd Broussard at troussard@surfcity-hb.org GAConstruction Contracts(CCs)\CC1346 Edison Park Reconfiguration,Ph. 1\Engineering\Bid Docs\Addendum\ADDENDUM 1- CC 1346.doc Y_ Bond No. N/A BID BOND The American Institute of Architects, AIA Document No. A310(February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS,that we ELITE LANDSCAPING, INC. as.Principal hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA a corporation duly organized under the laws of the state of CONNECTICUT 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 AMOUNT BID Dollars ($ 10%OF BID ), 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 HUNTINGTON BEACH EDISON COMMUNITY&YOUTH SPORTS COMPLEX 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 IOth day of ary 2011 '0�aELIT NDSCAPING fitness Pri pal (Seal) By: _.._ St ockbridge, dent Name/Title TJAV U E Y COMPANY OF AMERICA re (Seal) Witness By: ONALD P. SHARP, Att -in-Fact ORSC 21328(5/97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Tulare on January 10, 2011 before me Linda K. Brager, Notary Public Date Here Insert Fume and a Officer personally appeared;.._ Donald P. SharpTV} Name(s)ot'Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they LINUA K.BRAGER executed the same in his/her/their authorized capacity(ies), Comm.#1733644 n and that by his/her/their signature(s)on the instrument the NOTARY PUBLIC-CALIFORNIA rn person(s), or the entity upon behak of which the person(s) FRESNO COUNTY n acted,executed the instrument. my Commission Expires APRIL21,2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my han nd official seal: Siignat Place Notary Seat Above grtatnia tary Pubr /J OPTIONAL Though the information below is not required bylaw,if may prove valuable to persons tefying the document and could prevent fraudulent removal and reattachment of this form to another ument Description of Attached Document Title or Type of Document:---—- Document Date:_. _ umber of Pages:_---�___.-____—_. _ Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name._ ❑ Individual G Individual ❑ Corporate Officer--Titles):_____- _ G Corporate officer--Titie(s) ---- ❑ Partner—❑Limited❑General ❑ Partner—El Limited❑General 0 Attorney in Fact ❑ Attorney in Fact - ❑ Trustee ° ❑ Trustee ° ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other.--- __ % ❑ Other. -- Signer Is Representing: f Signer Is Representing: 0 2=National Notary Asso:iatlon•9350 Do Soto Ave!..,P.O.Bmc 2402•Chetsworth,CA 913'3-?_4D2•www.Natkm1Noiary.0r9 IWT135W Reorder CdTbUree 1-80D•876-6827 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 220398 Certificate No. 003891267 KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duty organized under the laws of the State of Wisconsin (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Betty Jo Peacock,Donald P.Sharp,Hector De Santiago,and Ruth J.Bly of the City of Visalia State of Califomia their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted-in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 22rid day of September 2010 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company GHSnUn,4< c@Y'o 410.E 6^x j`'1��N ..��S�q••. tY AMO EY9 FY'Y.'Yl O ♦ - � P's (fr COPVORAj�Z i C4i:` POAA n. 9 F• '�14 B 2�°° $� ���� WCOpPppAtFp _ m /�r _ F•m ;W:cW` rt^' t �//�''\_\ ixcaw�p S,cq = 1951 E AL io -o'S a" CCNN. nWNN.f£ m t896 ILI aS r ;off\SBAI..aD ��*r R� ✓ �1 State of Connecticut By: City of Hartford ss. Georg Thompson, j.r ice President On this the 22nd day of September 2010 before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•q� In Witness Whereof,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2011. O pG �¢ Marie C.Tetreautt,Notary Public 58440-4-09 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 0 .. City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 ® OFFICE OF THE CITY CLERK ® JOAN L. FLYNN CITY CLERK March 21, 2011 Environmental Construction, Inc. 21550 Oxnard St., Ste. 1050 Woodland Hills, CA 91367 RE: CC-1346 —Edison Community Complex & Youth Sports Complex, Ph. 1 Enclosed please find your original bid bond for CC-1346. Sincerely, Joan L. Flynn, CIVIC City Clerk J F:pe Enclosure Sister Citiq-jf0"Wjcjjj pet j" gzclew Zealand (Telephone:714-536-5227) �.< . L .cs t rmiLs OA �-13bl 1�� .L 4 )6k 0��111" 4 ( . th 9 IJ(A, SECTION C PROPOSAL for the EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE I CC No.1346 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 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and ding 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. SCHEDULE OF PRICES - BASE BID item lVti:. I?escnphan Estux�ated �nrt :�xfea�ded�maunit uaaih Construct Edison Park, 1 Phase 1,CC1346 1 LS $ .3 6. . TOTAL AMOUNT OF BASE BID-0 IN WORDS: / All DOLLARS AND , CENTS OU Accompanying this proposal of bid, fin&&6LjZd in the amount of$ which said amount is not less than 10%of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check"",or"Bidder's Bond",as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature V ' yY e i 3 7 5 1 1 C-2 S LIST OF SU13CONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater,and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number 4- 61de-d''( 6",4 k 0 fi,",)ffJe t i 7 -2,3, X J '72 t V A4 19.ChM(1'#'4 1Q'C4-_J) By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SU13MITTED WITH BID State of California ss. County of Orange t 511511 bein-P, first duly sworn, d oses and says that he or she is o he party making the foregoing bid that the bid is not made in the interest of, or on the b half 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. 1�� eff q� Name of Bidder ignature o tdder Z 5SL"41�d 6�, Ce. I Address of Bidder C�t3t0 Subscribed and sworn to before me this (0 day of , 201t ABEVERLY PARKS Commission #1806841 ".m Notary Public-California Z Los Angeles County My Comm.Expires Jul 19,2012 NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On 1— 1d' I t before me, BEVERLY PARKS,NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared FARID SOROUDI Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that BEVERLY PARKS he/she/they executed the same in his/her/their authorized Commission# 1806841 capacity(ies), and that by his/her/their signature(s) on the �; Notary Public-California Z instrument the person(s), or the entity upon behalf of Los Angeles County = which the person(s) acted, executed the instrument. My Comm.Expires Jul 19,2012 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS and and officials al. Signature Place Notary Seal Above Signatur of otary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑'Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact - -'- ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 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 EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1, (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 Title Date: C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete,under penalty of perjury, the following questionnaire, QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? LJ 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. Contractor Title Da C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this fbrm 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 811 or 1-800- 422-4133 a minimum of two working days before scheduled excavation. DigAtert Identification Number: Contractor By Title Date: Note: This form is rewired for every Dig Alert Identcation Number issued by U.S.A. during the course qf the Work. Additional forms may be obtained from the AGENcr upon request. C-8 BIDDER'S INFORMATION l BIDDER.certifies that the following information is true and correct: Bidder Dame x so Business Address City, State Zip (e1A ) Telephone Number 2 State Contractor's License No. an8 Cla s Original Date Issued Expiration Date 3 The work site was inspected by of our office on , 201,, The following are persons, firms, and corporations having a principal interest in this proposal: i t t G9 �y i. "t s E 3 t The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plang-a-hd Specifications set fo Company Name ,-,<ig-nature of der WAd L Printed or Typed Signature Subscribed and sworn to before me this 0 day of C"n r\ 201,E BEVERLY PARKS' Commission# 1806841 Notary Public-California Los Angeles County My Comm.Expires Jul 19,2012 NOTARY PUBLIC $j 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: LC I Fit A /'%)A I I rw V% n f\ and Address of Plblic Agency Name and Telephone No. of Project Manager: LO r I Li L:9 r% Zvt Contract Aount Type of"Wo Date Completed 2. Nam eln4)Address of Public Agency Name and Telephone No. of Project Manager: if zo 1b Contract Amoubt Type of Work Date Completed 3, Is 4S Cr—)S t Name and Aadress of Public Agency U Name and Telephone No. of Project Manager: n Arg n A C"'a -yu b Contract AmouAt U Type Of W04 Date Completed Z V�-t 7 q dve-e .1 0z) 010 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On I — l() " It before me, BEVERLY PARKS,NOTARY PUBLIC , Date Here Insert Name and Title of the Officer personally appeared FARID SOROUDName(s)of Signer(s) - who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized BEVERLY PARKS capacity(ies), and that by his/her/their signature(s) on the Commission # 1806841 instrument the person(s), or the entity upon behalf of =�+® Notary Public-California z which the person(s) acted, executed the instrument. Z Los Angeles County My Comm.Expires Jul 19,2012 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS Ty1hand and official seal. Signature Place Notary Seal Above SignatuTf otary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Or Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ® ❑Attorney in Fact •' ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02001 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NalionalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800.87"827 i 7 P City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax(714) 374-1573 ADDENDUM NUMBER ONE For EDISON COMMUNITY CENTER CC NO. 1346,PHASE 1 in the CITY OF HUNTINGTON BEACH January 3,2011 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REPLACE STOLEN TURF WITH SOD TURF Revised Plans,Sheets L8,L9,&L10(See following pages 2,3,&4). Revised Specifications, Sheets E-38 and E-39,Section 308-4.8 Lawn Planting(See following pages 5&6). 2) CLARIFICATION On Sheet L6, only chain link fence "fabric" is to be vinyl coated. All other parts are not vinyl coated,but painted to match. This is to acknowledge receipt and review of Addendum Number one,dated January 3,2011. Company Name Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please email Todd Broussard at troussard@surfcity-hb.org GAConstruction Contracts(CCs)\CC1346 Edison Park Reconfiguration,Ph.1\Engineering\Bid DOCSWddendum\ADDENDUM 1- + CC 1346.doc - THE AMERICAIV INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond Bond No. N/A KNOW ALL MEN BY THESE PRESENTS, that we Environmental Construction, Inc. 21550 Oxnard St., Ste. 1050 Woodland Hills, CA 91367 (Here insert full name,and address or legal title of Contractor) as Principal,hereinafter called the Principal,and Vigilant Insurance Company a corporation duty organized under the laws of the State of NEW YORK as Surety,hereinafter called the Surety,are held and firmly bound unto City of Huntington Beach 2000 Main Street 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 (10%)Ten percent of the attached bid amount ( 10%of bid amount) 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 Edison Community Complex&Youth Sports Complex (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 on January 5, 2011 Environmental Construction In . (Principa (Se 1) (Witness) e) I ant nsur a ompany (Seal) (Wimess Irene Luong (Tit Step nie ham .Attorcey-in-Fact AIA DOCUMENT A310 BID BOND AIA 9) FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.WASHTNGTON,D.C. 20006 1 WARNING: Unlicensed photocopying violates U.S.copyright laws and is subject.to legal prosecution. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange on I S l before me, Irene Luong,Notary Public TDate Here insert Name and Title of the Officer personally,appeared Stephanie Pham Name(s)of Signer(s) s who proved to me on the basis of satisfactory.evidence to. be the person(s) whose name(s) islare 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/herAheir signature(s)on the instrument the person(s), of the entity upon behalf of which the person(s) IRENE LUONG acted, executed the instrument. _ Commission# 1883838 a-��. Notary Public-California z z y I,certify under.PENALTY OF PERJURY under the laws of z ' Orange County r the State of California that the foregoing paragraph is true My Comm.Expires Mar 22,2014 and correct. Witness my hand and o ci sea Signature Place Notary Seat Above Signature of Notary Public OPTIONAL Though the information below is not required by lave, it may prove valuable to persons relying on the document and could;prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Stephanie Pham Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑Limited❑General ❑ Partner—❑Limited❑General 5a Attorney in Fact ❑ Attorney in Fact ❑ Trustee !Top ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator rTopof mb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: :>�G`C�'t%4'Z<°Ct;`C4._����`E:�`_4•�:{:�.^��"�� ;`�`�%ty`�t,'�4`�,"����Ci�-G�C:`�?�t�:`�`�<;`�`�E�'�'�t `�4'�4`�:� O 2007 National Notary Association•9350 Do Soto Ave-.PO.Box 2402•Chatsworth.CA 91313-2402-www.NaionalNot ry.org Item#5907 Reorder:Cali Toil-Free 1-800-876-6827 a + POWER Federal Insurance Company Attn:. Surety Department Chubb OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren,NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana. corporation, VIGILANT INSURANCE COMPANY,a New York corporation,and PACIFIC INDEMNITY COMPANY;a Wisconsin corporation,do each hereby constitute and appoint Shawn Blume,fric Lowey,Stephanie Pham and Mark Richardson of Costa Mesa,Cali$omla -------------- each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon orotherwise,binds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 15th day of January,2010. enneth C.W6nd.9rAssWant Secretary Oa ' Norris,Jr_;Vice STATE OF NEW JERSEY ss. County of Somerset On this 15th day of January,2010 before me,a Notary Public of New Jersey;personally came Kenneth C.Wendel,to me known to be Assistant"Secretary ofFEDERAL INSURANCE COMPANY;VIGILANT INSURANCE.COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Kenneth C.Wendel:being byme duly.swom;did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY..VIGILANT INSURANCE.COMPANY;and PACIFIC INDEMNIiY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of:the By-Laws of said.Companies;and that he signed said Power,of Attorney as Assistant Secretary of.said Companies by like authority;and that he is acquainted with David B.Norris,jr—and knows him to be Vice President of said Companies;and that the signature of David 8_Norris,Jr.,subscribed to said Power of Attorney is in the genuine handwriting of David B.Norris,Jr.,and was thereto subscribed by authority of said 8y- Laws and in deponents presence- Notarial Seal KATHE41NE J.ADEL4Aj1 NOTi"y PUBLIC Of NEW JERSEY _ G����� ?us t�i No 2316685 Notary Public C734itttl135it�t1 iPres Jelq 16,20014 CERTIFICATION Extract from tyre By-Laws of FEDERAL INSURANCE COMPANY,.VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "Ail powers of attorney for and on behall of the Company may and shall be executed in the name and on behalf of the Company;either by.the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary:or an Assistant Secretary;under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice.President,any Assistant Vice.President,any Secretary,any Assistant Secretary and the seat of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fad for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any.bond or undertaking to which it is attached." 1,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the"Companiesl do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duty licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (III) the foregoing Power of Attorney is true,correct and in full force and effect- Given under my hand and seats of said Companies at Warren,NJ this January 5, 2011 �o a 'A°WAttt- - N jYY0A�. Kenneth C.WeW,Assistant Secretary IN THE EVENT YOU WiSH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THiS13OND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3666 e-mail: sure @chubb.corn Form 15-10-0225B-U (Ed_S-03) CONSENT City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 21, 2011 G Coast Construction, Inc. 5461 Encino Ave. Encino, CA 91316 RE: CC-1346— Edison Community Complex & Youth Sports Complex, Ph. 1 Enclosed please find your original bid bond for CC-1346. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cit �oij�cr�tu (t�� Sr �cNew Zealand (Telephone:714-536-5227) 2011 X14 11 PM 1: 51 lobo Al A4� 6 /-e- e� Sl 1-441 � y C C, . /3 SECTION C PROPOSAL, for the EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1 CC No. 1346 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL, OF ]E UNTINGTON 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 Iump 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. E 1 i C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option,be considered null and void. SCHEDULE OF ]PRICES - BASE BID o DescrE ton Estumated Up�t Eztee�de Affionh h iaaae. mN Construct Edison Park, ' 1 Phase 1, CC1346 1 LS $ TOTAL AMOUNT OF BASE BID: I RYS_1 00 IN WORDS: �Ve oU qkj DOLLARS AND Z-erO CENTS Accompanying this proposal of bid, find d in the amount of$ which said amount is not less than 10%of the aggregat o 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 y: Addenda No. Date Received Bidder's S' ature i Df 10 rf 3 fi i f G2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number -Tgrni► i6ak- ►c 1-1 st. $dK (art iCa_ IS�� C I v C-A gDyd3 2 �eucinA 3sW 'd S• ar 'e a 9175 I 4 S i 7 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 i above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. a i C-3 3 i NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange bei first d 1 sworn, deposes and says that.he or she is of 4'-- T rt b�.ZX- 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. N o idde Signatu of BiJAN 6/ d1Gtr'Lp � ` / 5 Address of Bidder Subscribed and sworn to before me this day of ,201Iva /f NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of yS AA,�j,& On ������ before me, cc r^e-f 9 - /r� /C t,l Date r Here Insert Name and Title of the Officer personally appeared A Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/wLesubscribed to the within instrument and acknowledged to me that DAMES PATRICK BOYCE he/sgtl}eg executed the same in his/Wtpeir authorized Commission# 1840547 capacity(i,.e and that by his/F p0therr-signature(eon the a do Notary Public-California z instrument the person(s�'or the entity upon behalf of z Los Angeles County ' which the person acted, executed the instrument. My Comm.Expires Mar 15,2013 certify under PENALTY OF PERJURY.under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (�V Place Notary Seal Above __0 Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General . - ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact m - ❑Attorney in.Fact • El Trustee Top of thumb here El Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: @ 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NaUona]Notaryorg�Item#5907 Reorder:Call Toll-Free 1-800-876-6827 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 EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1, (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." I 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. Contrac or t By 2 r Title F s L11 Date: l� F-, E t C-rJ DISQUALIFICATION (QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIIR.>E 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? El 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. Contract r \,(, t By r�s e4.e-� Title Date: O t /16 ! �� i j i i 2 } C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 or 1-800- 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This ,farm 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: f Bidder Name Business Address City, State Zip if �j'v Jcj 2 7 Telephone Dumber A13 C Z7 State Contractor's Lic se No. and Class Original Date Issued Expiration Date The work site was inspected b V G ( L`"� �' ) p y of our office on , 20I_ s The following are persons, firms, and corporations having a principal interest in this proposal: { S i 7 t i i t, C-9 i 1 k, s The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plus d specific tion set fo h. Company Na Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this_day of , 201_ J 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:ii �Q� � L = Q f •,� 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California A County of L US AA/j t? 1,e s' V/// . �CLfv%es i,. On �/1>'1 before me, Date Here Insert Name and Title of the Officer personally appeared f Z XA L � Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/p#0r'subscribed to the within instrument and acknowledged to me that he/s eOeg executed the same in his/!7eet eir authorized ����JAMES PATRICI(BOYCEcapacity(i,W, and that by his/Pyer t*r signature(s*'on the mission# 1840547 f(S� instrument the person(W or the entity upon behalf of ,erg Notary Public-California z which the person(P-acted, executed the instrument. a Los Angeles County D ' My Comm.Expires Mar 15,2013 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature_L)Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•935o De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 G COAST CONSTRUCTION, INC. Lic.#:844758 (A,B&C27) MAJOR CONSTRUCTION PROJECTS COMPLETED 2007-2009 Name/No. of Project Owner Contact Person/Tel. Scope of Work Contract Amt Date Completed 1 Community Center Addition City of South El Monte Bruno Callu/(626)579 6540/ Site works,demolition,temp.fencing,foundation, $73,238 Sept.2010 Juan Platero(626)652 3110 concrete slab,brick-CMU work,framing& City Engibneer/Project roofing,concrete ADA ramp,painting,ceiling, Coordinator sewer 2 Mailroom&.Personnel& Pierce College Martin Studley/(213)820 0540 Renovation of interior spaces:demolition of $600,000 May-10 Tenant Improvement Project Manger-Swinerton existing walls/ceilings,provide partitions,mill- Const. For LACCD-Pierce works,elctrical,fire alarm/sprinkler&HVAC,sewer. College 3 Two Projects City of Huntin tonton Park Wes Lind/Cell# 626 375 3632 Sawcut/dis ose curb& utter,grading,com ac- $200,000 j Y 9 ( ) p 9 9 9, p Office:(323)584 6271 ting,fabricate/install fence panels,posts,foun- City Engineer dations&swing gates&construct block wall pilaster. 4 North Lake Avenue Tree City of Pasadena Engr. Robert Gardner Construction of sidewalk&interlocking concrete pavers. $98,000 Sept.09 Peninsula Improvements (626)744 4643 Construction of colored concrete paving. Furnish install ductile iron pipe sleeve with PVC pipe. Construct drainage,landscaping&traffic control. 5 Two Projects West L.A.College Bob Miller Replacement of sidewalk&chain link fence. $440,000 Sep-08 (818)445 7783 Improvement of parking lot,striping&planting, Director,Turner Construction sewer,landscaping,planting, irrigation,patching Eve Jones and paving (310)202 2026 5461 Encino Ave., Encino CA 91316 Tel#(818)907-9246 Tel#(818)907-9247 Cell: (818)974-5854 Fax: (818)907-7067 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For EDISON COMMUNITY CENTER CC NO. 1346,PHASE 1 in the CITY OF HUNTINGTON BEACH January 3,2011 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REPLACE STOLEN TURF WITH SOD TURF Revised Plans,Sheets L8,L9,& L10(See following pages 2,3,&4). Revised Specifications, Sheets E-38 and E-39, Section 308-4.8 Lawn Planting (See following pages 5&6). 2) CLARIFICATION On Sheet L6, only chain link fence "fabric" is to be vinyl coated. All other parts are not vinyl coated,but painted to match. This is to acknowledge receipt and review of Addendum Number one ed J 2011. cf Company Name By /",eSl 9 � Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please email Todd Broussard at troussard@surfcity-hb.org GAConstruction Contracts(CCs)\CC1346 Edison Park Reconfiguration,Ph. 1\Engineering\Bid Docs\Addendum\ADDENDUM 1 - CC 1346.doc a AIA Document A310TM - 2010 Bid Bond This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR: (Name,legal status and address) G COAST CONSTRUCTION,INC. 5461 ENCINO AVE. ENCINO,CA 91316 SURETY:(Name,legal status and principal place of business) GREAT AMERICAN INSURANCE COMPANY 750 THE CITY DRIVE,SUITE 300 ORANGE,CA 92868 OWNER: (Name,legal status and address) CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 BOND AMOUNT: TEN AND 00/100 PERCENT, 10%OF BID AMOUNT. PROJECT: (Name,location or address and Project number,if any) EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE ONE The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner 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.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety s consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so fumished,the intent is that this Bond shall be construed as a statutory bond and not a common law bond. Signed and sealed this th day of January,2011. G COAST CON C I C. GREAT AMERICAN IN URANCE C ANY (Principal) (Seal) (Surety) (Seal) (Title) (Title) YUNG T.MUL K,attorney-in-fa CAUTION:You should sign an original AIA Contract Document,on which this text appears in R An original assu es thatchanges will not be obscured. AIA Document A310T1'—2010.Copyright©1963,1970 and 2010 by The American Institute of Arch ects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reprod ction or distribution of this AIA®Document,or any portion of it,may result in sever3 civil and criminal penalties,and will be prosecuted to th maximum extent possible under the law. Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. 061110 ACKNOWLEDGMENT State of California County of Orange } On JANUARY 5, 2011 before me, JENNIFER C. GIBONEY,Notary Public (insert name and title of the officer) personally appeared YUNG T. MULLICK who proved to me on the basis of satisfactory evidence to be the person(Z)whose name(z) is/axx subscribed to the within instrument and acknowledged to me that he%jjtfty executed the same in hisil &jeir authorized capacity(*, and that by his/ioex signature(s)on the instrument the person(*), or the entity upon behalf of which the person(is)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand aV'ciial cm, ay� JENNIFER C.GISO E'y COMAL01797M ;U ' a NOTARY M" UFMIA M Y ORANGE COUNTY W Signature (Seal) � �fuEAYZ2 GREAT AMERICAN INSURANCE COMPANYO Administrative Office:580 WALNUT STREET Y CINCINNATI,OHIO 45202'0 513-369-5000• FAX 513-723-2740 The number of persons authorized by i this power of attorney is not more than FOUR No.014656 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named,its true and lawful attomey-in-fact, for it and in its name, place and stead to execute on behalf of the said Company,as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power YUNG T. MULLICK ALL OF ALL JAMES W.MOILANEN MISSION VIEJO, $75,000,000.00 JENNIFER C. GIBONEY CALIFORNIA P.AUSTIN NEFF This Power of Attorney revokes all previous powers issued at behalf of the attorney(syin-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 8" day of, SEPTEMBER, 2010. Attest GREAT AMERICAN INSURANCE COMPANY rlN:ci.atant Se(rehl) Dn isinnal Senim-U,e Prc sidem STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.xrrctun(513-412-4602) On this 8u' day of SEPTEMBER,2010, before me personally appeared DAVID C.KITCHIN,to me known,being duly swom,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. KAREN L.GROSHEN NOTARY PUBLIC,STATE OF OHIO MY COMMISSION EXPIRES 02-20-11 .This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisional Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking,contract of suretyship, or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. Signed and sealed this 5TII day of JANUARY 2011 r S1029Y(10/08) City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK e JOAN L. FLYNN CITY CLERK March 21, 2011 Kasa Construction, Inc. 316 N. Corona Ave. Ontario, CA 91764 RE: CC-1346 — Edison Community Complex&Youth Sports Complex, Ph. 1 Enclosed please find your original bid bond for CC-1346. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister CitiVif tW6d , �atfeWMj&bq.(6o�ew Zealand . (Telephone:714-536-5227) n �.. 11&vl , i 1011 JAN I I PH 1: 54 t t 2AOOO r Tit F SECTION C PROPOSAL for the EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1 CC No. 1346 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 1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY`S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. SCHEDULE OF PRICES - BASE BID Iteri _No Descript�bn Estimated I7nrt Extended oun r is 7z Construct Edison Park, 1 Phase 1, CC1346 1 LS $ 00 t �O TOTAL AMOUNT OF BASE.BID: $ v IN WORDS: DOLLARS AND CENTS Accompanying this proposal of bid, find'. :�, di cl in the amount of$ 10 f which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Si nature C-2 q LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number ) " IL"-e '41�k)f y Tulc 63 dog`7 z7 09 . 'Hu'4 Q_ C9 rao�� w 7Fieu/ LAJ . C" Pc ��L7h 4("►� ►vl, .�� � 1 t4z'Ki( I By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors fisting., 2 That-the 7AMNCY will" be.fiu- hed copies of all subcontracts entered into and bonds frnised by subcontractor for.this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of 'V k$ACuvi.5Nf yC-�,o!�. � . the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived; or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder Address of Bidder Subscribed and sworn to before me this_ day of t,� , 201_L . HECTOR ZAVALA Commission# 1868453 z a llotary Public-California ZLos Angeles County My Comm.Expires Oct 28,2013 NOTARY PURL Ly NOTARY SEAL C-4 I 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 EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1, (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 , R By Title Date: D It i C-S DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Cl 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. G6 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 Contractor By Title Date: 4 d C-7 ti. UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 or 1-800- 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: S Contractor By Title Date: d ad 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 AGEAiCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: t� 'e �. TI'S Bidder Name Business Address CA 41S N.,. ,..$•-�.� _ . _-,�.,t.�,,a.N.�,�.,�,�,�... lt}',,,,:::k:.�<�;:• State Zip Z elephonn.,1�4umber State Contractor's License No. and Class Original Date Issued Exp ation Date The work site was inspected by"bct1 f of our office on �(tttkS'df , 201�. The following are persons, firms, and corporations having a principal interest in this proposal: L _ s C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder DiOmex YLG15�o-q Printed or Typed Signature Subscribed and sworn to before me this k&day of blU`a/ , 2011 . HECTOR ZAVALA Commission#1868453 Notary Public-California z Z Los Angeles County NOTARY PUBLIC M Comm.Ex Tres Oct 28,2013 ; NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two year: 1. E o- ' `xs C&t770 Name and Address of Public Agency Name and Telephone No. of Project Manager: � �t+�� •- �2� �'"��� Contract Amount Type of Wok bate Completed 2. is MtC>LlA V ltt�•�t`Gp� '5c `, C nWD SG`j�itL 4%to�.• �y Gty 11A Name and Address of Public Agency Name and Telephone No. of Project Manager: 14,n boa Contract Amount `` Type of Work i Date Completed 121 3. Name and Address of Public Agency 40, Name and Telephone No. of Project Manager: (tw►�uy��ih r tip A z Contract Amount Type of W rk Date Completed ��� c-ta City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax(714) 374-1573 ADDENDUM NUMBER ONE For EDISON COMMUNITY CENTER CC NO. 1346,PHASE 1 in the CITY OF HUNTINGTON BEACH January 3,2011 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REPLACE STOLEN TURF WITH SOD TURF Revised Plans,Sheets L8,L9,&L10(See following pages 2,3,&4). Revised Specifications, Sheets E-38 and E-39, Section 308-4.8 Lawn Planting (See following pages 5&6). 2) CLARIFICATION On Sheet L6, only chain link fence "fabric" is to be vinyl coated. All other parts are not vinyl coated,but painted to match. This is to acknowledge receipt and review of Addendum Number one,dated January 3,2011. 4&'-'�,A Company Name By % did Da All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please email Todd Broussard at troussard a surfcity-hb.org GAConstruction Contracts(CCs)\CC 1346 Edison Park Reconfiguration,Ph. 1\Engineering\Bid DoCSWddendumWDDENDUM I - CC 1346.doc AEGIS SECURITY Y INSURANCE COMPANY BOND NO.: KASCO-101 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, KASA CONSTRUCTION, INC., (hereinafter called the Principal), and AEGIS SECURITY INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of PENNSYLVANIA, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, (hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars (10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX 'PHASE 1 CC NO. 1346 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 7th day of JANUARY, 2011. KASA.QNSTRUCTION, INC. BY: 47A A!�,, AEGLS SECURITY /INSURANCE COMPANY BY: rla&�n 1 — MATTHEW R. DOT3YNS Attorney-in-Fact 'CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On January 7, 2011 before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared MATMEW R. DOBYNS ® who proved to me on the basis of satisfactory evidence to be the persons) whose name{) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heF/theiF authorized capacity fies), and that by his/heF/t-heir signature(s) on the instrument the persono), or the entity upon behalf of which the person acted, executed the instrument. Ipp I certify under PENALTY OF PERJURY under the laws of the State of g43731 1 California that the foregoing paragraph is true and correct. a GO usuc GNLIFORNIA p p PIOTARY ANT'! oresY512013 WITNESS my hand and official seal. 3 MY Comm.exp+ r Sic�'a tore of ota:'B ` .;r �, s ..r .: '; at � r s '" � 5 . a�< a��d77 :1Yn n •1x�e a d,r £,4�u�.ay� t a zn. Though the data below is not required by lady, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) v • µ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On 1/11/2011 before me, Hector Zavala, Notary Public Date Here Insert Name and Title of the Officer personally appeared Diana Kasba,r Name{s)of Signers) --------------------------------------------------------------------------------- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that 5 HECTOR ZAVALA he/shefthey executed the same in his/her/their authorized Commission 1ALA 3 capacity(ies), and that by his/her/their signature(s) on the Notary Public-California i instrument the person(s), or the entity upon behalf of Los Angeles County ' which the person(s) acted, executed the instrument. M Comm.Expires Oct 28,2013 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha d nd c ficial seal. Signaturq�,dfble Plice Notary{Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove o persons relying can the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document -.-___-_---- _----.--_._-- Document Date: . __Number of Pages: __._...._._ Signer(s) Other Than Named Above; _.__..__....-_..-.. . Capacity(ies) Claimed by Signer(s) Signer's Name:__----------- _.- Signer's Name;—;_—__._---- -----.---------__-. Individual tndividual Corporate Officer—Titie(s): ------- Corporate Officer—Titie(s): Partner— Limited General •a Partner— Limited - General Attorney in fact •_ -•• Attorney in Fact •Trustee Top of t umh,here, Top of thumb here Trustee Guardian or Conservator Guardian or Conservator Other: E Other: - I ; Signer Is Representing:--_---___-- Signer is Representing:----------__.---_--_-- i i 1 Q 20L0744abonai Notary-Asscination-9350 Do Soto Ave.,P.O.Sox 2402•Chatsworth,CA 91 31 3-2 402•www.NaficnalNotary,org tten)a53fy7 Reord©r:Geti Tail-Fra�1-800-c37&-0827 - City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC s JOA►N L. FLYNN CITY CLERK March 21, 2011 Oceanstate Development, Inc. 3034 W. Main St. Anaheim, CA 91801 RE: CC-1346— Edison Community Complex & Youth Sports Complex, Ph. 1 Enclosed please find your original bid bond for CC-1346. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cit�,loj&jjq &wrgt"o"gr&cNew Zealand (Telephone:714-536-5227) ®ceanstate Development, Inc. 3034 W. Main St. Alhambra, CA 91801 ! pm 9: 7) City of Huntington Beach 2000 Main St. City Clerk, 2nd Fl. Huntington Beach, CA Project: Edison Community Complex & Youtl Sports Complex Phase 1 CC No. 1346 SECTION C PROPOSAL for the EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1 CC No. 1346 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 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. SCHEDULE OF PRICES - BASE BID Item No... Descript�an - Estunated ITmt Ez ten ded Amount . . Qyam4 . Construct Edison Park, 1 Phase-1, CC1346 1, LS TOTAL AMOUNT.OF BASE BID:.. .$ . r)D IN WORDS: rr - z e✓o �iYlL bknd V]VIP_ OLLARS AND .a � � CENTS Accompanying this proposal of bid, find Bid Bond in the amount of$ 1 o% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder' i ure 1 I 3 / 1/ C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number e lyrzac k- 51 1 0 ' �55� 2.v C bradirt 2 D ern ConGre , C4 i UVt i 3 ;q 05 1 112- Fle e S ms 5 zz C D By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Rick A. Ca r d e l l o , being first duly sworn, deposes and says that he or she is President of Oceanstate Dev. 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. Oceanstate Development , Inc. Rick A. Cardello Name © Bidder Signature of Bidder 3034 W. Main St. Alhambra, CA 91801 Address of Bidder Subscribed and sworn to before me this day of J , 2011 . NOTARY PUBLIC 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 EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1, (I)&(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. Oceanstate Development , Inc. Contr for By Rick A. Cardello President Title M Date: C-5 State of California County of Los Angeles Subscribed and sworn to (or affirmed) before me on this �" day of January 20 11 , by R r--z, 4 < o proved to me on the basis of satisfactory evidence to be the persogKwho appeared before me. CHUNG�MAN{gyp`� COMM.01806793 F' NOTARY PUBLIC�CALIFORNIA '�^ Los Angeles County Comm.Ex 'res Jul 18.2012 (Seal) Signature g�C c p6'I'yp y"ry h � 1 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. Oceanstate Development , Inc. Contracto By' Rick A. Cardello President Title Date: t C-7 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes /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 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 or 1-800- 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Oceanstate Development, Inc. Contracto By Rick A. Cardello President n -Title Date: Mote: 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: Oceanstate Development , Inc. Bidder Name 3034 W. Main St . Alhambra , CA 91801 Business Address Alhambra CA 91801 City, State Zip (626 )293-8000 Telephone Number 931016 A & B State Contractor's License No. and Class April 9 2069 Original Date Issued April 2011 Expiration Date The work site was inspected by 1 IG A. A�dbof our office on , 201Q. The following are persons, firms, and corporations having a principal interest in this proposal: Oceanstate Development , Inc. Rick A. Cardello i i C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Oceanstate Development, Inc. Comp me - � -4 //Z/ Sig ature of Bidder Rick A. Cardello Printed or Typed Signature Subscribed and sworn to before me this day of J U , 201 f . Nor, C NOTARY PUBLIC '( 4 " mac% v/ 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. Pasadena Unified School District Name and Address of Public Agency Name and Telephone No. of Project Manager: Gerald Schober ( 805) 390-2962 442 , 553 . 00 Softball field improvement C Pasadena HS April 2010 Contract Amount Type of Work Date Completed 2. Pasadena Unified School District Name and Address of Public Agency Name and Telephone No. of Project Manager: Frazer Thompson ( 661 )607-5891 955, 857. 11 Sierra Madre Upper Campus Portables November 2010 Contract Amount Type of Work Date Completed 3. Pasadena Unified School District Name and Address of Public Agency Name and Telephone No. of Project Manager: Frazer 'Thompson ( 661 ) 607-5891 24, 200 00 Drainage Correction C Eliot MS August 2010 Contract Amount Type of Work Date Completed C-10 State of California County of Los Angeles Subscribed and sworn to (or-aff4nTreffTbefore me on this U day of January 2011 , by c v proved to me on the basis of satisfactory evidence to be the person( who appeared before me. CHUN. MAN HHO COMM.#1806793 v+ w NOTARY PUBLIC-CALIFOF04A n Los Angeles County Comm.OW ul 18,2012 C)y �M1f eMgh'y A C00 0 (Seal) Signature ,n9P,P�q`/'r' i es'co" A a City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For EDISON COMMUNITY CENTER CC NO. 1346,PHASE 1 in the CITY OF HUNTINGTON BEACH January 3,2011 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: l) REPLACE STOLEN TURF WITH SOD TURF Revised Plans,Sheets L8,L9,& L10(See following pages 2,3,&4). Revised Specifications, Sheets E-38 and E-39, Section 308-4.8 Lawn Planting (See following pages 5&6). 2) CLARIFICATION On Sheet L6, only chain link fence "fabric" is to be vinyl coated. All other parts are not vinyl coated,but painted to match. This is to acknowledge receipt and review of Addendum Number one,dated January 3,2011. Nu bA P, ivto �i ompany Name By 3 tl Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please email Todd Broussard at tbroussard@surfcity-hb.org GAConstruction Contracts(CCs)\CC 1346 Edison Park Reconfiguration,Ph. I\Engineering\t3id Docs\Addendum\ADDENDUM I - CC 1346.doc INSCO INSURANCE SERVICES, INC. Underwriting Manager for: Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300 BID E360ND BOND NO. N/A KNOW ALL MEN BY THESE PRESENTS, That we, Oceanstate Development Inc. as Principal, and Developers Surety and Indemnity Company a corporation authorized to transact a general surety business in the State of Iowa as Surety,are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) in the full and just sum of Ten percent of amount bid Dollars, ($ 10% )for the payment whereof in lawful money of the United States,we bind ourselves, our heirs,administrators, executors, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Edison Community Complex &Youth Sports Complex Bid#CC No.1346 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and Sealed this 5th day of _ January 2011 YEAR Oceanstate Development. Inc- —T __.__Developers Surety de and Inmnit�Company S3au-L y t — em By: � Jn� Principal Laurie B. Druck, Attorney-in-Fact I0-1198(Bid Bond)(REV.1/01) CAL`IFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino On January 5, 2011 before me, Cynthia J. Youn% Notary Public Name and Title of Officer(e.g.,"Jane Doe,Notary Public") Personally appeared Laurie B. Druck Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the CYNTHIAJ.YOUNG within instrument and acknowledged to me that she • COMM.#1806614 z executed the same in her authorized capacity, i • NOTARY PUBLIC-CALIFORNIA C and that by her signature on the.instrument the SAN BERNARDINO�YI:Z NTY person, or the entity upon behalf of which the person ". My Comm.Expires Ju 2012acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signato of Notary Pu OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title • ❑ Partner -- ❑ Limited Cl General Top of thumb here ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: '*"Cynthia J.Young,Jay P. Freeman,Laurie B.Druck,Pamela McCarthy,jointly or severally— as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1 st,2008. By: g t AND!4r IPANY Daniel Young,Uice-PresidentPOA'q�© `- yG 4�POq sw c' O QT. * t' OCT.5 By- — — e°,s 19 3 6 ,` ru 1967 Stephen T.Pate,Senior Vice-Presidents=; G C, State of California County of Orange On_ August 13th,2008 before me, Jenny TT Nguyen,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T.Pate Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized J T capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of MUM which the person(s)acted,executed the instrument. 001114M,#179180 WAARY PUBLIC CALIFINM 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANCIE COLOVY true and correct. CAttt111.9*m Flilft < WITNESS my hand and official seal. Place Notary Seal Above Signature Je TT Ng n, tary Public_k. CERTIFICATE 6 The undersigned.as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or.INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. t This Certificate is executed in the City of Irvine,California,this-T7� day of �fi ail By: /(r regg Okur , istant Secretary ID-1380(Rev.11/09) ® City of Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 a OFFICE OF THE CITY CLERIC ® JOAN L. FLYNN CITY CLERK March 21, 2011 Pima Corporation 2001 S. Barrington Ave., Ste. 312 Los Angeles, CA 90025 RE: CC-1346— Edison Community Complex & Youth Sports Complex, Ph. 1 Enclosed please find your original bid bond for CC-1346. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Citi(§.y{ /gyp&,t/retWnii tg&.idocNew Zealand (Telephone:714-536-5227) PIMAcommnox 2MI S.BAFMaMAVE SUITE 312 i LOS ANGELES,CA9M 2011 J A N I I Phi I: 49 SECTION C PROPOSAL for the EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1 CC No. 1346 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 i If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within _ 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, lie considered null and void. SCHEDULE OF PRICES a BASE BID 7777777 Items I�To... Desc phoaa Es'tamated ITngt Eztentlecl A.nnoumt r.. f ti ; ..Quart Construct Edison Park, 1 Phase 1, CC 1346 1 LS , $ TOTAL. AMOUNT OF BASE BID: $ IN WORDS: pz� DARS AND CENTS Accompanying this proposal of bid, find 4 gCVW in the amount of$ 0. QAW-A which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). _ Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature c-z LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number 1 - CystT 7-zi a,,t- 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 v NONCOL.L USION AFFIDAVIT TO DE EXECUTED BY BIDDER AND SUBMIT"TED.WITH DID State of California ss. County of Orange PJA7,j ,��/`�� , being first duly sworn, deposes nd says that he..ef,, is P//�p, S/ -7' of W Cty: 7l(X/ 1�,�4 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, direcily 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 Signatu o f idder &7epv ,01Mz �� �- Address of Bidder Subscribed and sworn to before me this 10-W day of 5WiA49 , 201� . NOTARY PUBLIC —fr-C-- mn NOTARY SEAL C-4 r , ` s UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1, (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. 1641A GVW^7iQ1V 14 '/v 60gd7�-WC77W Contractor ByIT Title Date: C-5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of , On before me, v `,`,°�• � ��—� � �� ��� Date Here Insert Name and Title of the Officer personally appeared ` ���1 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,a'j whose name is�ra"subscribed to the within instrument and acknowledged to me that GISOU RANI-AHMAD he/ShexeCuted the same inls/her/their authorized Commission # 1797962 capacity ieg*, and that by his/hEr/fheX' ignature�on the Notary Public -California instrument the person( or the entity upon behalf of Los Angeles County Comm. 11,2012 which the person(yacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m nd and official seal. Q, Signature � Place Notary Seal Above p� Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact o ❑Attorney in Fact - ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.Nationa]Notaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes No If the answer is yes, explain the circumstances in the space provided. f I I I 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. Pi/Lt� C� 7i�1 b�► �G2"Y� CON 71XV cr7cAl Contractor By Title Date: nl. A ;)o// i C-7 w �l UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 or 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: >rnA Ccy 77 Grc/ POA f VA/cRa Bidder Name Business Address 11WI P'111,lG1-1-ibT CA V�27s City, State Zip Telephone Number T-1�7� - A, �; C27 State Contractor's License No. and Class Original Date Issued /Val/ , )-0/�) Expiration Date The work site was inspected by ik' of our office on Vo-C: 2Z , 2010. The following are persons, firms, and corporations having a principal interest in this proposal: t C-9 r The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. ,1011lA C 7C.r59 4W VVA"QW C01V(V Z1,7AC7'1UZ Company Name WN-7 Signat re 'f Bidder 43(11AOU PIADU Printed or Typed Signature Subscribed and sworn to before me this %U*day of �nWg6M , 201 NOTARY PUBLIC S AqM C _4_ 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. cl�nl Of 1'Vdu>fr1 s 2-tz- /V. 1-�^Ci � ei.0,0, �"OF X), C+nl Cn %744 Name and Address of Public Agency Name and Telephone No. of Project Manager: g—M7,a/ 4141�g�` t1o26) I'VWW , /1G*91WAA6 k\ft, 46V1 Simw�w =lbw? M Gf�C t�i�1F��'1 4Eeli'1t bJ Ci , 4!0 � Contract Amount Type of Work Date Completed 2. c/ / I t/N6�cw /azd x1di-IT A&W, i-&tV C0V, CA ()�"L61 Name and Address of Public Agency Name and Telephone No.`o�fy'Projecc9t Maanage„r:A ,��JQ���NPbAs+�� S`rT�r-RA 0&— P/yCr r377cx14 co"C Ai AW au" P" f.'�tt, l�� Contract Amount Type of Work cTrcj7,17r Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: QzV � -T,Q,�Z, Contract Amount Type of Works Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of \ � ' A On before me, i) of the Officer personally a Name Date _ere � \ �` � � —� ere insert Name an Title s of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s�whose name(s�is/ar)e"subscribed to the within instrument and acknowledged to . me that GISOU BANI-AHMAD he/s�lA yK executed the same in is/ hr authorized commission # 1797962 capacity(ig;4, and that by his/h theh signature,(s)'on the -� a l; Notary Public -California x instrument the person, or the entity upon behalf of _ w - los Angeles County comm. es 11,2012 which the perso.S) acted, executed the instrument. ,I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my/hand and official seal. l �� Signature— Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ElPartner—ElLimited ElGeneral ElAttorney in Fact - _- ❑Attorney in Fact -RHEMIXIM • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.Nationa[Notaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 e P City of Huntington Beach Public Works Department 2000 Main Street Tel. (714)536-5431, Fax (714)374-1573 'ADDENDUM NUMBER ONE For EDISON COMMUNITY CENTER CC NO. 1346,PHASE 1 in the CITY OF HUNTINGTON BEACH January 3,2011 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REPLACE STOLEN TURF WITH SOD TURF Revised Plans,Sheets L8,L9,&L10(See following pages 2,3,&4). Revised Specifications, Sheets E-38 and E-39, Section 308-4.8 Lawn Planting (See following pages 5&6). 2) CLARIFICATION On Sheet L6, only chain link fence "fabric" is to be vinyl coated. All other parts are not vinyl coated,but painted to match. This is to acknowledge receipt and review of Addendum Number one,dated January 3,2011. ,0/ 4 r61Z077W G � APVV',JCFV CQt1�S'7)''GIC'7l Gd1 Company Name 111.By l ill �Cay Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please email Todd Broussard at troussard@surfeity-hb.org G:\Construction Contracts(CCs)\CC1346 Edison Park Reconfiguration,Ph.1\Engineering\Bid Docs\Addendum\ADDENDUNI 1- CC 1346.doc SAFECO Insurance Company 31S A F EC ®° PO Box 34526 P Seattle,WA 98124-1526 FIRST NATIONAL SURETY BID BOND KNOW ALL BY THESE PRESENTS,That we, Pima Corporation dba Advanced Construction of 2001 So Barrington Avenue#312, Los Angeles, CA 90025 (hereinafter called the Principal), as Principal,and FIRST NATIONAL INSURANCE COMPANY OF AMERICA (hereinafter called the Surety),as Surety are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee)in the penal sum of Ten Percent of Amount Bid Dollars($ 10% of Bid ) for the payment of which the Principal and the Surety bind themselves,their heirs, executors, administrators, successors and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS,the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Edison Community Complex&Youth Sports Complex Phase 1 NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified,enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract,then this obligation shall be void;otherwise to remain in full force and effect. Signed and sealed this 7th day of January 2011 Pima Corporation c?ba Advanced Construction(Seal) Principal �j/t>,Gy?tY2 Witness t Title FIRST NAT L INSURANCE COMPANY OF AMERICA See attached notary acknowledgement ) Witness By G%� i i( Pamela McCarthy Attorney-in-Fact S-00531FNEF 10/99 ®A registered trademark of SAFECO Corporation FRP CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California \ County of San Bernardino I SS. On January 7, 2011 before me, Cynthia J. Young, Notary Public Name and Title of Officer(e.g.,"Jane Doe,Notary Public") Personally appeared Pamela McCarthy Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she CYNTHIA YJ Y®UIVG executed the same in her authorized capacity, COMM.#1806614 and that by her signature on the instrument the ° NOTARY PUBLIC-CALIFORNIA person, or the entity Upon behalf of which the person 5AN BERNARDINO COUNTY acted, executed the instrument. My ;omm.Expires July 15,2012 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. E 1 � Sig lure of Notary ublic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title • ❑ Partner -- ❑ Limited ❑ General Top of thumb here ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 3057397 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. FIRST NATIONAL INSURANCE COMPANY OF AMERICA SEATTLE,WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America(the"Company'),a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint: JAY P.FREEMAN, PAMELA MCCARTHY,CYNTHIA J.YOUNG, LAURIE s.DRUCK;ALL OF THE CITY OF SAN BERNAR.DINO,STATE OF CALIFORNIA each individually if there be more than one named,its true and lawful attornepin-fact to make,execute,seal;acknowledge and deliver,for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND 00/100************************DOLLARS ($ 50,000;000.00****-**—**************) each, and the execution of such undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretaryof the Company in thefr.own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV-Execution of Contracts:Section 12.Surety Bonds and Undertakings. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitations 0 as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make, C execute,seal,acknowledge and deliver as suretyany and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in Y fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Corporation by their signature and M ar executed,such instruments shall be as binding as.if signed by the president and attested by the secretary. � C � C%- By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: _ p L IM Pursuant to Article IV Section`12 of the By-laws,Garnet W.Elliott,Assistant Secretary of First National Insurance Company of America,is authorized v N o 0" to appoint such attorneys-in-fact as may be necessary.to act in behalf of the Corporation to make;execute,seat,acknowledge and deliver as surety p any and all undertakings,bonds,recognizances and other surety obligations. y > That the By-law and the Authorization set above are true copies thereof and are nowin full force and effect. 0 Q M IN WITNESS WHEREOF, this Power of Attorney has,been subscribed by an authorized officer or official of the Company and the.corporate seaF of �- 0-0 C"d First"Na#ionai Insurance Company of America has been affixed thereto in Plymouth Meeting,Pennsylvania this 13th day of August 2010 m R C+� FIRST NATIONAL INSURANCE COMPANY OF AMERICA a 0 Im CA L m Garnet W.Elliott,Assistant Secretary C Cp C COMMONWEALTH OF PENNSYLVANIA ss 'N E COUNTY OF MONTGOMERY 73 �sL On this 13th day of. August. 20110 before me, a Notary Public, personally came Garnet W. Elliott, to,meL known, and p D,A acknowledged that he is an Assistant Secretary,of First National Insurance Company of America;that he knows the seal of said corporation; and that he =N executed the above Power of Attorney and affixed:the corporate seal of First National Insurance Company of America-thereto with the authority and at the �"OD > direction of said corporation. E tV a. CO fN TESTIMONY WHEREOF y to subscribed my name and affixed my notarial seal at Plymouth Meefin , Pennsylvania, on the day and year p p first above written. � Sat /// ® O�p By �JG%� �L�J Were a f Estella,Notary rY Public CERTIFICATE- 1,the undersigned,Ass st"National Insurance Company of America,do hereby.certify that the original power of attorney of which. the foregoing is a full;tru r y,is in full force and effect on the date of this certificate;and I dq further certify that the officer or,official who executed the said power of a is Assistant"Secretary specially authorized by the chairman or the president to appoint attorneys-tn-fact as provided in Article IV,Section.12 of the By-laws of First National Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or`mechanically reproduced signatures under and by authority of the following vote of the board of.directors of First National Insurance Company of America at a meeting duty called and held on 18th.day"of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company,wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same force"and effect as though":manually affixed. - TESTIMONY WHEREO ,I have hereunto subscribed my na xed the corporate seal of the said company,this _day of n -;3 By Da44Caey*iretant Secretary City of Huntington Beach . 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC s JOAN L. FLYNN CITY CLERK March 21, 2011 Rancho Pacific Engineering, Inc. 1094 S. Reservoir St. Pomona, CA 91766 RE: CC-1346 — Edison Community Complex & Youth Sports Complex, Ph. 1 Enclosed please find your original bid bond for CC-1346. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Citig. otfiltnI9icii lbret&N�g r&) New Zealand (Telephone: 714-536-5227) Rec C, bC 0 M Clklkn � SECTION C PROPOSAL for the EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1 CC No. 1346 in the CITY OF HUNTINGTON BEACH rO 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 orth 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. F t C-1 i. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option,be considered null and void. SCHEDULE OF PRICES - BASE BID Iteffia l�To;_ Descrnpt;bp Estimatedmrt Eate�ded ►rmtou�$ L! Construct Edison Park, 1 Phase 1,CC1346 1 LS $ 3 - ' TOTAL AMOUNT OF BASE BM: $ � 3 L,i, nil It IN WORDS: P\ DOLLARS AND _.--.'" -�_ .CENTS Accompanying this proposal of bid, find 116CI in the amount of$ which said amount is not less than 10%of the aggregate of the total bid price,as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check",or "Bidder's Bond",as the case may be). Bidder shall signify receipt of all Addenda here,if any: Addenda No. Date Received Bidder' nature ` f i t C-2 1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number 1 . Ova CA 1-3az C- .wty - -itpstWA q:-24 S6 ? ICi t !r, 5 6 r i 3 3 By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 i NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange 11Zro, 'jaGCr , being first duly sworn, deposes and says that he or she is IZ,S1 of Y—VQ—, the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization,bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder _j Signature of Bidder C . Address of Bidder ma1G Co,CA to Subscribed and sworn to before me this t t day ofJa Ula ,201 . t f F NOTARY PUBLIC 1,, C f NOTARYSEAL C-4 t TESLA VEGA Commission # 1848015 z ffi Notary Public -californi3 z Z ` Los Angeles County n My Comm.Expiry May 3,2013 [TI'ILITY 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 EDISON COMMUNITY COMPLEX AND YOUTH SPORTS �OMPLEX PHASE 1, (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. P\,alv&LRck Contractor By Title Date: l l 1 1 f i C-5 F f DISQUALIFICATION QUiESTIONNAIRE 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. I•�C E t F 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. Contractor By Title �— Date: 1 ' { G7 I UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued )efore a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 or 1-800- 422-4133 a minimum of two working days before scheduled excavation. i Dig Alert Identification Number: Contractor By Title Date: 1 1 l I i 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: Bidder Name Business Address City, State Zip Telephone Number State Contractor's License No. and Class 1C) � 2`� - Original Date Issued rz— Expiration Date The work site was inspected bQ( d of our office on U� , 2011 . The following are persons, firms, and corporations having a principal interest in this proposal: i kF t i C-9 f The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set fo h. Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this t6ay o riu V-- 201 _. TESLA7EGission Comm 8015 Notary Public -California zz _.- — z Los Angeles County Pray 3,2013 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. y� o �AOISJL N/-A1-1 l i Name and A dress of Public Agency (G ON Name and Telephone No. of Project Manager: ARC �► Contract Amount Type of Work Date Completed 2. Name and ddress of Public Agency cckcrA) Name and Telephone No. of Project Manager: l�.l'1(A C ®�lC�as C)\ U Contract Amount Type of Work Date Completed L 1105 C .r i:Cs 3. P Q CA 6t i 1`30 Name and Mdress of Public Agency Name and Telephone No. of Project Manager: :3 1 1�TID Contract Amount Type of Work Date Completed k C-1 Q City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431,Fax(714) 374-1573 ADDENDUM NUMBER ONE For EDISON COMMUNITY CENTER CC NO. 1346,PHASE 1 in the CITY OF HUNTINGTON BEACH January 3,2011 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: l) REPLACE STOLEN TURF WITH SOD TURF Revised Plans,Sheets L8,L9,&LIO(See following pages 2,3,&4). Revised Specifications, Sheets E-38 and E-39, Section 308-4.8 Lawn Planting(See following pages 5&6). 2) CLARIFICATION On Sheet L6, only chain link fence "fabric" is to be vinyl coated. All other parts are not vinyl coated,but painted to match. This is to acknowledge receipt and review of Addendum Number one,dated January 3,2011. \ \y' C , Company N me By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please email Todd Broussard at tbrous Bard@surfcity-hb.org G:AConstruction Contracts(CCs)ACC 1346 Edison Park Reconfiguration,Ph.I\Engineering\Bid Docs\Addendum\ADDENDUM I- CC 1346.doc Bond No.: 5449 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Rancho Pacific Engineering, Inc. as Principal, and Merchants Bonding Company(Mutual) a corporation duly organized under the laws of the State of Iowa as Surety, are held and firmly bound unto The City of Huntington Beach as Obligee, in the sum of TEN PERCENT OF THE AMOUNT OF THE BID(10%) for payment of which sum well and truly to be made, Principal and 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 Edison Community Complex and Youth Complex;Phase I CC-1346 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 loth day of January ,20 11 PRINCIPAL: SURETY: Rancho Pacific Engineering, Inc. Merchants Bonding Company(Mutual) Pierre Saad,President R n Mantle, Attorney-in-Fact CONFORMS TO AIA DOCUMENT A310 2170 ED. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On before me, Mary Martignoni — Notary Public Date Here Insert Name and Title of the Officer - personally appeared Ryan Mantle Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persor1W whose name*is1W subscribed to the within instrument and acknowledged to me that he15�executed the same in hiss authorized MARS NdARTlGNU�i! capacity and that by hisltXCtPt�t'signature(g on the instrument the personK or the entity.upon behalf of COMM. # 1761251 a which the person*acted, executed the instrument. NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY I certify under PENALTY OF PERJURY under the laws My Comm.Expires Sept.9,2011 of the State of California that the foregoing paragraph is true and correct. WITNESS Signatu my hand and official seal. Place Notary Seal Above Signal re of otary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Ryan Mantle Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General _ _ ❑Partner—❑Limited ❑General A Attorney in Fact a ❑Attorney in Fact Top of thumb here Top of thumb here ❑Trustee ❑ Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: Merchants Bonding Company (Mutual) 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876,6827 Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under the taws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk,State of Iowa,hath made, constituted and appointed,and does by these presents make,constitute and appoint Les M.Mantle,Ryan Mantle of Fullerton and State of California its true and lawful Attomey-in-Fact,with full power and authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any and all bonds,undertakings,iecognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: SIX:MILLION(S6,000,000.00)DOLLARS and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all the acts of said Attomey-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on November 16,2002. ARTICLE II,SECTION 8-The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE 11,SECTION 9-The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seat when so used shall have the same force and effect as though manually fixed. In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and its corporate seat to be hereto affixed,this 20th day of January 2009 �o%NG co MERCHANTS BONDING COMPANY(MUTUAL) �O��tiiPOg9�9y�. 1933 :c; By � !! STATE OF IOWA President COUNTY OF POLK ss. On this 20th day of January ,2009,before me appeared Larry Taylor,to me personalty known,who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL),the corporation described in the foregoing instrument,and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa.the day and year first above written. CINDY SMYTH Commission Number 173504 ee� My Commission Expires March 16,2005 Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY(MUTUAL).which is still in full force and effect and has not been amended or revoked. In Witness Whereof,1 have hereunto set my hand and affixed the seal of the Company on this 10thday of January, 2010 ••" e�D�ttlC'..COiJJA, hy f� a Secretary 1933 :tie - POA 0001 (1106) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 G State of California County of �s t On Z before me, e �0 WOO 0 If Date HZt Insert a e and Title ol the O icer personally appeared �1-0,vre, 0A Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person K whose name is/,a<e subscribed to the within instrument and acknowledged to me that helXs executed the same in hisfl O*i' authorized capacity(jes`', and that by TESL A VEGA hisl�Z(h err signature(,21( on the instrument the or the entity upon behalf. of which the Commission # 1848015 Z Person Y P W-�Akl Notary Public- Gakifornia z person(�'�acted, executed the instrument- Los Angeles County %1y Comm.Expires P.1ay s,2013 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. — T:::;� Signature: - Place Notary Seal Above Py py q Signature of Notary Public � Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: • Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual ❑ Individual a ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner—❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-B76-6827) Item#5907 City ®f Huntington Beach 2000 Main Street © Huntington Beach, CA 92648 ® OFFICE OF THE CITY CLERIC ® JOAN L. FLYNN CITY CLERK March 21, 2011 Southland Construction 3943 Irvine 131. #40 Irvine, CA 92602 RE: CC-1346— Edison Community Complex & Youth Sports Complex, Ph. 1 Enclosed please find your original bid bond for CC-1346. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister New Zealand (Tele phone:714-536-5227) 7r SOUTHIAND CONSTRUCTION 39431RVINE BL:#40 �0{{ { { All {{ IRVINE,GA",92602 TEL• 714-488=2891 FAX: 949-651-1265 EMAIL REZARREZAM®AUL.COflrlrl PL^ UN � �.✓vim � � rr it00 SECTION C PROPOSAL, for the EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE I CC No. 1346 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 sure prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY`S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. SCHEDULE OF PRICES - BASE BID Iteiai No 7Descript�on Esfimafed . ITnrt Eateaded Antoun$ Quash. Construct Edison Park, 1 Phase 1, CC1346 1 LS $ �, ��, C1 o TOTAL AMOUNT OF BASE BID: $ � M��f�s'1 �'te N�d� o_C� N,;V-L�-( IN WORDS: S d^'` DOLLARS AND / CENTS Accompanying this proposal of bid, find �� g � in the amount of$ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder`s Si nature C_z LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address o.f'Subcontractor State License Class of Work Number 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 fiunished copies of all subcontracts entered into and bonds fiunished by subcontractor for this project. C-3 NONCOLLUSION 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 e is cQ�,r✓>le of Sc� u��,c{,, �(�-s''�� ''- ��'r��..�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. SOUTHLAND CONSTRUCTION 3943 IRVINE E1L.#40 IRVINE,CA 92602 Name 0 d 651-1265 EMAIL REZARREZAM@AOL.COM Signature of Bidder SOUTHLAND CONSTRUCTION 3943 IRVINE EIL.#40 IRVINE,CA 92602 TEL: 7!4 46$-269i - Address of Bi����PP FAX: 949-651-1265 `EIVtk FIEZARREZAMCAOLCOM Subscribed and sworn to before me this day of� Lsi , 201 roc ERIC �F ERIC AN Commission B 2949 96 Commission# 1802949 z e �fotary Publicalf;ornia y = �A Notary Public California Z `� orange G my = '` orange County My Comm.Expire" 't,2012 NOTARY PUBLIC y M Comm.Expires Jun 21,2012 �� NOTARY SEAL UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL, CITY OF HUNI"INGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1, (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 S, California Administrative Code, Section 2700, as follows: "Qualified Person: fI 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. SOUTHLANC'"QNSTRUCTION 3943 IF;'iVE BL.#40 IRVINE,:`;A 92602 TEL: "' Fes' r�gg 2891 9':-Gsrfi266 Contractor EMAIL REZARI?I ZAM@AOL.COM By O aw"a y Title Date: C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes *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. y . : vtnOMSTRUC77.,, fit: 714 A488 HF7 Contractor MOACS� ors; By Title Date: C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 or 1-800- 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: SOUTHLAND CONSTRUCTION 3943 IRVINE BL.#40 IRVINE,CA 92602 TEL: 714-488-2891 FAX: 949-651-1266 GMAII REZARRE:7AM@AC CQM Contractor By La Title Date: 14.11 Note: This form is required for every Dig Alert Identification Number issued by U.SA. 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: Bidder Name q0UTNLANQ CONSTRUCTION 8948 MINE BL.#40 IrIVINE,CA .926% TIFL. 714-488-2891 Business Address EMAIL HEZARREZAM&OL.COM City, State Zip S(UTHLAND CONSTRUCTION 3943 IRVWE BL.040 IRVINE,CA 92802 TEL 714-488-2891 k 949-661-1266 Telephone lid A 663 78 y C 3� State Contractor's License No, and Class 1� g � Original Date Issued Expiration Date The work site was inspected by Zt of our office on 201_�. The following are persons, firms, and corporations having a principal interest in this proposal: 0 ti✓✓Ut/ SOUTHLAND` BL. ®CONSTRUCTION '1'F,I?: 714-488 2891 rAX: 949-651-1265 &MiAIL R C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name 3943 EVICA 0 92602 TEL: 714-488-2891 k W-e FAX: 949-651-1265 MAI1 RRF7ARREZAM&A06 C9M Signature of Bidder ke ZA- � Printed or Typed Signature Subscribed and sworn to before me this 4' day of , 201 . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. C el I <l./k rf S Name and Address of Public Agency Name and Telephone No. of Project Manager:(-" /4 11 S 4-4 L V,?, Contract Amount Type of Work Date Completed 2. C`�� or- L.,fbCA.^-4:;L Name and Address of Public Agency Name and Telephone No. of Project Manager: P �e Contract Amount Type of Work Date Completed 3. +� � C� Msn� Ct 't Name and Address of Public Agency FL Name and Telephone No. of Project Manager: q y Contract Amount Type of Work Date Completed C-1 d City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax(714) 374-1573 ADDENDUM NUMBER ONE For EDISON COMMUNITY CENTER CC NO. 1346,PHASE 1 in the CITY IOF HUNTINGTON BEACH January 3,2011 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REPLACE STOLEN TURF WITH SOD TURF Revised Plans,Sheets L8,L9,& L10(See following pages 2,3,&4). Revised Specifications, Sheets E-38 and E-39, Section 308-4.8 Lawn Planting (See following pages 5&6). 2) CLARIFICATION On Sheet L6, only chain link fence "fabric" is to be vinyl coated. All other parts are not vinyl coated,but painted to match. I This is to acknowledge receipt and review of Addendum Number one,dated January 3,2011. i C6,.SA' di Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please email Todd Broussard at tbroussard,ct surfcity-hb.org G1Construction Contracts(CCs)ACC 1346 Edison Park Reconfiguration,Ph. I\Engineering\Bid Docs\4ddendumWDDENDUM 1 - CC 1346 doe \ + / HftsH HTDROZONE \ \ + � ` r __ _ x �\ r UNLESS OTHERWISE NOTED, ERS AND \ \ G _ __ —..�<.— — -- " -- — `—"� �\ �-! . EXISTING TREES SHALL REMAIN .DING TO \ \ J. — — _-- -------- —�---- ---- AND BE PROTECTED, TYPICAL \ \ !/ -: / \ .: . . . . .. . . . . . . . . . . . . .. . . . . . \\ \�// / `^>t_.-.-.-.•.:._.;._.:L1Ctif60.RRltCT1GCFI. . .:.:.:.:.......:... ...: .•:.�.:::.:,.....:....:.•:': : : :: : : : : ::: j + � \ I {{ tlGkl•TFD'P&ACTIC€•AEL9'.'.'•'•'•'•'•'.'.'•'•' w / \ m11 uGu urDzozoNE + + ±I ?+! + ---- ,--------- - - - -�-.-------------- - - - - --- __ --"--- `mac ao�aa�eaooa Leo�apg®oa�aa®aa�os�oa�eo�ao sae�aa�aa moo�aa�n�aosaE�aa�aa�aa�aa�aa�as�aa�a■�as�aa LIMIT OF WORK size COMMENTS GROUNDCOVER r�❑�r��®AChillPa nillif Olium Comnan yarrow 4' POT Avalltblc Fran Mlraner AK•,rsery(949)953-7999 AR:.ORIS'I CEIZI I(r ICATION 24' BOX Tree avoiloble hom Vtl ley Cresl Nursery(BOS)52a-3939 G-1 36- BOX Tree—kble Fran Vdley best Nursery(805)524-3939 G-2 Tr Dchetospermum Star Jasmine 1 GAL. A-1.6Lc Fran Wage Nursery 010-542-0209 In my protesslonal opinion„a4 trey or pare' jo s—.ides species shown on these plans-are,appropriate for the-site and can have a useful landscape 24' BOX Trot svolloblt'rom Miremer Nursery(949)951-7999 VINES life span of 20to SO year,In the spec fc planting IocAbn;:hown on these plane 24' BOX Tree 0v01101o1e 1—Vd ley Gesf Nursery(BOS)524-3939 V-1 Dls klctls bUCCIn¢korlg Blood-Red Trumpet Vine 5 GAL Avalloble Fran Village Nursery 800-542-0209 TURF / GRASS Cansuluny A=rist Certihcate No Date ) 24' BOX use a.a�leme Fran vmty crest Nurstry(805)524-3939 �Hybrid Seoshgre pnspalun SeD Spray Refer to sheet 36' BOX Tree owiiobls 4an Vdley Crest Nursery(905)524-3939 L-ID For additional fifOrn0.tion 36' BOX Tree—il-t mom Vmey Crest Nursery(605)524-3939 Print Name :Contact Telephone N¢mber 24, BGX Tree o.oatme Fran Vmley crest Neraery(805)524-3939 �pNDSCApF �(„0`a,twlBl4 5 GAL. 1 GAL. A—I.iole fro.Design H hkrsery(760)728-2641 717 _ _— s 5 GAL. —4.ble Fr-VII1o9r Nursery BOD-542-0209 9D Iyp�� 5 GAL. A—LOble iron N:o—Nursery(949)95L-7999 f • \ i _T __ f OF Dpl.pf 0' 60• PREPARED UNDER DIE SUPERVISION OF: REVISIONS �� PLANTING PLAN SHEET: pPv'Yp REV. DATE BY DESCRIPTION APP'YO N i7 V II 8 gagCqTq ENAJDZA DALE ®I/�®,11 /.moo' alE y,p�pP�/ /�rp Fina��E� LB lAeeNAlf AINILLNY Vq DB`Vp COMMUNITY IYI 'Or (V-6pseBB�©II IYI ,�(E a l A a a t e 9 R.L.A.1KL 1t16 EKP,DATE: Da_ 20 11:11 A.7i1.i1 AA APPROVED BY: ,A:7F„A,.7,r1 & YOUTH SPORTS COMPLEX DRAw+u By: ER CITY OF HUNTINGTON BEACH PHASE ONE —21377 MAGNOLIA STREET ov DESIGNED BY: 1rA M.latltl Broaawr0.FSaNGPnI C.E. DATE 29 CHECKED BY: nA Rc.E.Na-.Z 44 EW+,DATE: r� �EPARTMENi OF PU.L. WORKS CONSTRUCTION DOCUMENTS 1 EXISTING FIRE DEPARTMENT BUILDING ' Low fCT IN PLACE \u— I; of TTI ffTrp- 0, 221 I T-5 � � \ I � _ ---- u_-- - - _ 1 — - J- --° ------------------ ----- ------ ----------- ------ — otl®al®tlA�YILY�BY■ �YY®otl YY�tltltl�Y■©Y e Be�• ROZOle ET MEDIUM DHYOROZONE IT OF WORK mEDILM HYDROZOr1E 5-2 GROUNDCOVER f}lt t177��r P1*f� CT 5 �Tt �y6� G-1 ®AChRtea mllllfotlum Common Yarrow 4' POT Available From Mranar Nursery (949) 951-7999 ARBOUIST-�1*Ti;CATION I Volley Crest Nursery(505)524-3939 In riy Cvcrc�A mil ripiliDlt ]I,ticA of pain I Volley Crest Nursery(005)524-3939 G-2 Trach2Lospermum Star J05mine 1 GAL. Avo4abte, From VAlage Nursery 800-542-0209 N),,tF_-.FpIarB ateappr.*2Le josmnoides trth:s�(x angcw a.usefal,lard i pe'. 1 Miramor Nurser (949 951-7999 IIiB (b•T Gf.-S.T 351I yda5 rl I'le -- r ) VINES cryri F-m rJlr�tYln.sfi ivn l^,n txv FigrK. I Volley Crest Nursery(005)524-3939 V-1 Distictis IouCcinator•ia BLood-Red Trumpet Vine 5 GAL Available From Vittage Nurcory 800-542-0209 TURF / GRASS u.n ulkhuAlb:r=b. Cerffnit=AlT Dime I Vdley Crest Nursery(805)524-3939 _ H 1Trld Seashore as alum ' y p p Sea Spray - Refer to sheet I Valley Gent Nursery(005)524-3939 •• •• L-10 For additionat in Formation - I Valley Crest Nursery(805)524-3939 F'riatK rr. ()a5tzO 74•Iaphono Atdrtm*•-- I Valley Crest Nursery(805) 524-3939 �pN85CAPE y��op a.cuwo24�e��c ,sign 11 Nursery(760) 728-2641 u s �v— illoge Nursery 800-542-0209 30 90 �p radar Nursery (949) 95L-7999 OF 00E 0' 60' PREPARED UNDER THE SUPERVISION OF: COMMUNITY PLAN SHEET: (/�_ EL9 DESCRIPTION APP'VD N v $ s LA .DA74%12A DATE EDISON OMMUNI tl Y VEWMR WMAPI AlnUKI i AtlY P4 A■Y 1 tl 0 RL.A Na:NO. 1116 EXP,GATE: 08-31-11 21 11:714.7$4.7141 APPROVED BY: 1 A:714.704.73110 & YOUTH SPORTS COMPLEX DRANK BY: LR CITY OF HUNTINGTON BEACH PHASE ONE —21377 MAGNOLIA STREET °F DESIGNED BY: lM M.Todd Br-mrd,PRINCIPAL C.E. DATE 29 CHECKED BY: 17A R.Qt.Nu:C57144 EXP.DATE: 11 1 11 DEPARTMENT OF PUBLIC WORKS CONSTRUCTION DOCUMENTS L7 PLANTING PLAN NOTES PLANT LIST ABBRV.BOTANICAL NAME COMMON NAME SIZE QUANTITIES REMARKS onlr cto shall p.vide all labor,materials,and equipment n y to ish and st Ilrplant meteri.l as shown an the drawings and5aars described TREES the specifcotions. T-1 Acacia Slenophyllo Shoestring Acacia 24"BOX 6 Plant and stoke trees per City Standard 714.715 k 715. nl..s desig ated on the drawing otnerwise, structural improvements and Tree available from Valley Crest Nursery(805)524-3939 odad Pe.hall be in lolled prior eta planting opera{ions. - ,11 work on the irrigation system,including hydrostatic, coverage,and T-2 Agonis 11—..o Peppermint Tree 36"BOX 5 Plant and stake trees per City Standard 714,715 h 716 cordillera, rdilleedlprellsto d thngop�IOIh'onand compoclion of trenches shall be Tree avoiloble from Valley Crest Nursery(805)524-3939 er T-3 N/A loot list on the tlrowing.shall be used o p guide only. Contractor shall okeall and verify sizes and goon till es by plan check. o pies 1 fartiizars,organic ame dment,.oil c ntlitioners, d seed shall be T-4 Cerel.oa.id—tall.'Std.' Western Redb.d 24"BOX 5 Plant and stake trees per City Standard 714,715 k 716 ubmilted prtor to incorporation. Contractor shall furnish to the Tree available from Miramar Nursery(949)951-7999 ngineer o Carti flea to of Compliance for such furnished materials. T-5 Chitplpa toshkentensis'Pink Down' Pink Dawn Chitalpa 24"BOX 22 Plant and stake trees per City Standard 714,715 h 716 ca lions of plant material shall be reviewed an site by the Engineer Tree available from Valley Crest Nursery(805)524-3939 rear to in 9lallatien. -tractor shall Propose on amendments as stated in the specifications. T-6 N/A ctroctor shall obtain ogricult a rots Its testing and recommendations after oding opera bona and prior to plant installation. T-7 Magnolia grandiflaro'Majestic Beauty Majestic Beauty Magnolia 24"BOX B Plant and stoke trees per City Standard 714.715 All 716 rees moll be planted no closer than ten feet(10')from utilities. T,ee available from Valley Crest Nursery(805)524-3939 7ao1 barriers a required for all tress within 6'of any hardscope,curbs o, T-B Magnolia grondiflora'Little Gem' Little Gem Magnolia 36"BOX 2 Plant and stoke trees per City Standard 714.715 2,716 Balls. rney w111e0e 24"deep,.08" thick and be placed flush with the top of Tree available from Valley Crest Nursery(805)524-3939 ny adjacent hordscape or curb and be centered 6'oneither side of the tree :12'long total). Refer to City detail 718, T-9 Plate—acerifalio'Columbia' Sycamore Columbia 36"BOX 4 Plant and stoke trees per City Standard 714.715 h 716 Tree available from Volley Crest Nursery(805)524-3939 lalm and Tr6e Sump. Below the bottom of each planing pit.auger a 12 T-10 Trlslonio louring Water Cum 24"BOX 10 Tree available from Volley Crest Nureery(a05) Pomeler, 10'deep drainage sump. Bockfll with 3/4"crushed gravel and cover 524-3939 filth filler fabric. Auger to the ma-imam depth of 10'unless groundwater or 1 porous material is encountered. SHRUBS S-1 Abelio grondillora'Kaleidoscope K.Ieid....Is Abelia 5 CAL. 280 Plant per City Standard 712 S-2 Hemer000llis hybrids Doyhly-50%Yell— 1 GAL. 545 24'O.C.with Triangular Spacing,Detail"A"hereon SPECTIQNS REQUIRED •5untwist'—Yellow 50%Orange Available from Design II Nursery(760)728-2641 'Eye-Y Y,'-orange Prejob meeting on site S-3 Pltlospmm loblro'Variegate' Variegated Pittosporum 5 GAL. 16 Plant per Clty Standard 712 Inspect irrigation sisevng Inspect forming,pouring and finishing of concrete - Available from Village Nursery 800-542-0209 Inspect roughov ad gre S-4 Rhat lapis ndica'Ballerina' Indian Hawthorn 5 GAL. 32 Plant per City Standard 712 Inspect rem al of street and base material Inspect all delivery receipts at time of delivery prior to acceptance Available from Miramar Nursery(949)951-7998 Inspect trees.shrubs and groundcovers at delivery GROUNOCOVER Inspect sail preparation Inspect trench",for irrigation ontl drainage Inspect valves,backfi ow device.Quick couplers.controller and head locations C_1 ®Ach'ilea millifolium Common Yorrow 4"POT 310 12'"O.C.with Triangular Spacing.Oelall"A"hereon Inspect irrigation coverage Available from Miromor Nursery(949)951-7999 Inspect planting process Inspect herbicide, fertilization or pre-emergent applications Trachclospermum Josminoides Star Jasmine 1 GAL. 176 24"O.C.with Triangular Spacing,Detail"A"hereon Inspect tree stoking pnd tying G-2 Avid able from Village Nursery 800-542-0209 Inspect(Tool ins tell'Tan Monthly molntenonce walk VINES V-1 Dieliclis buccinot.rie Blood-Red Trumpet Vine 5 GAL 44 Plant per City Standard 712 and detail"A'or,sheet L-11 Available from Villa a Nurser 800-542-0209 TURF Hybrid Seaahare PaePalum Sea$DlOY Big Roll Sod See sPecifcations for sod information.Contact West Coast Turf 760-J4D-7300.Inetalla0on shah 0e par ES' nu I .hirer's aDeal6cotions AE recommenaations U.PLANTS SHALL BE PLANTED AT EQUAL SPACING TRIANGULAR)UNLESS OTHERWISE INDICATED ON PLANS. BARK MULCH S APPROPRIATE,CENTERLINE OF PLANTS SHALL BE 112 OF 3'thick lover of bark mulch'Medium Grind Mulch"from Recycled Woad Products(909-868-6882)to be applied to all shrub and ground...er area.. 2UAL SPACING MINIMUM FROM EDGE OF PLANTING AREA. FILL PLANTS AS REQUIRED TO MAINTAIN SPACING AT IRREGULAR EDGES. OR ADDITIONAL INFORMATION REFER TO PLANTING NOTES 6 �ECIFICA T IONS, YP.PLANT-SPACING r"Q 1ARIES.SEE PLANT EGEND s PLANS �! :DOE OF 'LANTING AREA �O VIIM4q A e�r 1GROUNDCOVER SPACING ., A :NDT TD SCALE r.r+w �a EkLX1 dsrgolnd eernce Alen REVISIONS r� P£DM[D UNDER ME alnERyeat O: $MEET. Rw. oe1E ..RrrXAI A=vvD REv. aEswPr�aN Nw v s PLANTING DETAILS, NOTES & LIST sib TOLL I �'�`"' w a n� RaNa. a d-o' EDISON COMMIlli fiY CENTER L I o t800-422-4q0 new ec rn nnMDDwD ewo.. K c 22 6: YOUTH SPORTS COMPLEX � I WORKING DAYS BEFORE YOU 01C CeEIXFa Br: r Na,tanu .rc urnnl CITY OF HUNTINGTON BEACH PHASE ONE -21377 MAGNOLIA STREET 29 DEPARTMENT of PUBLIC waRKS CONSTRUCTION DOCUMENTS Planting holes shall be approximately square with vertical sides the same depth and twice the width of the plant container or ball, and shall be larger if necessary to permit adjustments to the plant orientation. 308-4.6 Plant Staking and Guying. 308-4.6.1 Method "A" Tree Staking. [Delete Subsection in total]. 308-4.6.2 Method "B" Tree Staking. [Delete Subsection in total and replace with the following:]. 308-4.6.2 Method "C" Tree Staking The tree shall be staked with two 50 mm (2 in.) dia. lodge pole pine, copper napthenate treated 3 m (10 ft) long driven 1 m (36 in) into the ground. The stakes shall be 450 mm (18 in) from each side of the tree trunk, and stakes and tree shall be in a plane parallel to the street centerline. Ties shall be made of 25 mm (I-in) or wider by 813 mm (32 in) long (min) `gro-straight' rubber type. Two tie locations shall be used; one at 50 mm (2 in) from the top of each stake and one at 1 m (36 in) above the ground. Ties shall be loops secured to the stake on both ends and shall be long enough to provide for 75 mm (3 in) of slack to permit the tree trunk limited movement in any direction. Anchor ties to stakes at both sides with 4D galvanized roofing nails bent over back of post. Pre Drill all holes. Refer to City Std. Detai 1 #714. 308-4.7 Shrub, Groundcover and Vine Planting. Soil preparation and fine grading shall be completed prior to ground cover planting. Shrub, groundcover and vines shall be planted in moist soil and spaced as indicated on the Plans. Each plant shall be planted with its proportionate amount of flat soil to minimize root disturbance. Soil moisture shall be such that the soil does not crumble when removing plants. Following planting, shrub, groundcover (non-turf) and vine areas shall be regraded to restore smooth finish grade and to ensure proper surface drainage. A 75 mm (3 inch) layer of Recycled Wood Products "Landscaper's Mulch" (909) 868-6882 shall be spread over the planted areas. Watering shall begin immediately following mulching. When necessary to prevent plant damage from pedestrian traffic during the initial growing stage, the Contractor shall erect temporary protective fencing to be removed at the end of the plant establishment period. Vines shall be tied to walls, fences, etc., in the manner prescribed on the Plans. Temporary staking shall be removed at the end of-the plant establishment period. 308-4.8 Lawn Planting. 308-4.8.1 General. Before planting lawn, all specified soil preparation and fine grading shall be completed. 308-4.8.3 Sod. The type and thickness of sod and the areas to be sodded shall be in accordance with the Contract Documents. Subgrade for sod shall be the specified thickness of the sod below finish grades. Soil conditioning and fine grading shall be completed before sodding. No heavy equipment shall operate over the subgrade after grading is completed. E-3 8 The sub grade shall be moist but not wet when sod is laid. Sod shall be laid with closely fitted joints, and the ends of the strips shall be staggered. Openings shall be plugged with sod or topsoil. Within 2 hours after installing sod and before rolling, the sod shall be lightly irrigated. All seams and joints shall then be rolled until the sod is well bonded to the subgrade and per manufacturers specifications and recommendations. The area shall then be watered thoroughly to penetrate the subsoil at least 200 mm (8 inches). Watering shall be repeated as necessary to keep the sod moist until rooted into the sub grade. Sodded areas shall be protected against foot traffic until the sod is well established. 308-5 IRRIGATION SYSTEM INSTALLATION. 308-5.1 General The Contractor shall furnish all necessary materials, labor, and equipment required to complete the work of installing the irrigation system in accordance with the Specifications. Large specimen plants shall be planted before installing the irrigation system, as required by 308-4.4. Unless otherwise provided, the irrigation system layout shown on the Plans shall be considered schematic. With the Engineer's approval, the Contractor may make adjustments where necessary to conform to actual field conditions. The irrigation system shall be operational, with uniform and adequate coverage of the areas to be irrigated, prior to planting. Service connections shall be as shown on the Plan or designated by the utility company and will be installed by others at no cost to the Contractor. The Contractor shall notify the Engineer at least 3 weeks prior to the time electrical and water services are required. The Contractor shall be responsible for furnishing the labor and materials to connect to the service connection. Trenches through paved areas shall be resurfaced in accordance with 306-1.5. After completing the irrigation system, the Contractor shall submit drawings showing the location of pipe, valves, tubing, wiring, controllers, and electrical services as constructed. The drawings submitted shall be noted as "Record Drawings" and shall be completed on copy- pressed mylars (4 mil. min.). The Contractor shall indicate all irrigation equipment locations by dimension. Each valve, mainline pipe, sleeve, meter, backflow preventer, controller wire, automatic controller and electrical service shall be located and dimensioned from two points of architectural permanence; e.g., curbs, walls, or buildings. The record drawings shall be prepared by a competent draftsman using reproducible mylar originals supplied by the City. Final record drawings will be approved by the AGENCY Representative prior to preparing the irrigation controller charts and mylars. Copy-pressed mylars (4 mil. min.) shall be provided as final record drawings in 24" x 36" and 1 V x 17" formats. Record drawings shall be of the complete construction plan set. Contractor shall provide all labor, materials, and equipment necessary to furnish and install the irrigation system as shown on the plans and as specified herein, including but not limited to irrigation materials and related appurtenances, water meter asseinbly(ies), connections to water and electrical utilities, excavation and backfill of pipe, trenches, temporary and permanent trench resurfacing and grinding, record drawings, guarantees, permits and licenses, testing and inspections and clean-up operations. Controller Charts: The Contractor shall prepare an irrigation controller chart indicating the Record Drawing serviced by that particular controller. All valves shall be numbered to match the actual field operation schedules. Only those areas controlled by that controller shall be shown. This chart shall be made from the irrigation system record drawings, entire or partial, showing buildings, walks, roads, parking, and walls. A photostatic print of this plan, reduced as necessary, and legible in all details, shall be made to a size as directed by the AGENCY. Do not E-39 Bond No.: 001 BID BOND KNOW ALL MEN BY THESE PRESENTS,that we Southland Construction as Principal, and American Contractors Indemnity Company a corporation duly organized under the laws of the State of California as Surety, are held and firmly bound unto The City of Huntington Beach as Obligee, in the sum of TEN PERCENT OF THE AMOUNT OF THE BID(10%) for payment of which sum well and truly to be made, Principal and 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 Edison Community Complex and Youth Sports Complex;Phase I CC-1346 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 loth day of January 12011 PRINCIPAL: SURETY: Southland Construction Amen an Contr ctors Ind nity Company Reza Mohamedi,Owner Ry Mantle, Attorney-in-Fact CONFORMS TO AIA DOCUMENT A310 2/70 ED. - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 0 Z DI 1 before me, Mary Ma-. tignoni — Notary Public Date Here Insert Name and Title of the officer ' personally appeared Ryan Mantle Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persorWA whose name is/t Wsubscribed to the within instrument and acknowledged to me that hey executed the same in hisl`authorized • MARY MARTIGNQNI capacity(;�Q, and that by his*W7jh i°signaturel,'d�on the COMM. # 1761251 instrument the person, or the entity upon behalf of NOTARY PusLic-CALIFORNIA which the perso*acted,executed the instrument. ORANGE COUNTY I certify under PENALTY OF PERJURY under the laws My Comm.Expires Sept.9,2011 of the State of California that the foregoing paragraph is true and correct. WITNESS�myhand and official seal. Signat r Place Notary Seal Above Signa e o otary Pudic, OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Ryan Mantle Signer's Name: - ❑ Individual ❑Individual ❑ Corporate Officer-Title(s): iJ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑Partner—❑Limited ❑General 99M.11111#011 WISH I'm X Attorney in Fact • L7 Attorney in Fact Top of thumb here ❑ Trustee Top of thumb here ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: American Contractors Indemnity flomnany NationaiNotaryorg Item f15907 fleortler:CatI Toll-Free tA00-876-6827 ®2007National Notary Association-9350 De Soto Ave.,PO BOX 2402•Chats—Ith,CA st313-2402•www. ' POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS:That American Contractors Indemnity Company,a California corporation,United States _ Surety Company, a Maryland corporation andU S 'Specialty Insurance Company,: a Texas corporation (collectively, the Campaures_"j,do,by;these presents'make,constitute and appoint: Les M Mantle or Ryan Mantle of Fullerton,California its true and lawful Attorney(s)-in-fact,each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances,undertakings or,other:instruments or contracts of turetysh►p_to include riders, amendments, audi ca osents of surety, providing the bond penalty does not exceed = *****Three Million**** Dollars ($ This Power of Attorney shall expire W-RhoIm'further action on December 81 2012 This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on-behalf of the Company subject to the following Att ney Fact maybe`given full power and authority for and in the name of and on behalf-of tli Company to=execute,acknowledge and deliver,any and all bonds, reco zanees €rntrac[s;agreements or indemmty'and other.conditional or obligatory undertaken an ny and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments'so executed by any such Attorney-in-Fact shiffl- binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Conpanies have caused this'instrument to be signed and their corporate seals to be hereto-affixed,this .. 15`n day of tune,2009. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY Corporate Seals tatro��yQ sut � �sPTc!q<>` . I Wz ; SEAL is y + By:Daniel 15 o ti iel P.A Vice President .�4t6�'• O 1� b°'Woo�� Aguilar, State of California County of Los Angeles SS: On this 15`n day of June, 2009, before me;V Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company,United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Cahft�rtita that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ...- - - V.WRIGHT Gurnn715aid1#182G148 z z o NotatY Pubba.Caliloinia z �\ ' z Las Angeles County '— \�1 Seal M ComurE:[x kes Onc 9.2072 Signature - -__- _- _ -_-_- (Seal) I,Jeannie J.Kim, ssistant Secretary of American Contractors Indemnity Company,United States Surety Company and U.S.Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this loth day of January � , 2011. Corporate Seals �o��gpCT04�yQ SUI�C� OEC tq�T< Bond No. 001 s atoms � SEAL co `� C Jeannie J.Kim;Assistant Secretary Agency No. 89?7 SEPL Ya,t99G b + 3A � �, City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 a ® OFFICE OF THE CITY CLERIC ® JOAN L. FLYNN CITY CLERK March 21, 2011 MSH Construction Co., Inc. dba The Moss Company 15301 Connector Ln. Huntington Beach, CA 92649 RE: CC-1346 — Edison Community Complex & Youth Sports Complex, Ph. 1 Enclosed please find your original bid bond for CC-1346. Sincerely, Joan L. Flynn, CIVIC City Clerk J F:pe Enclosure Sister CitigwoiP000c4 tivrtt&Ma rdboNew Zealand (Telephone:714-536-5227) MSH Construction Co., Inc. dba: The Moss Company 15301 Connector Lane Huntington Beach, CA 92649 q 206I JP,"N I I Ptl E: 53 o; City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 January 11, 2011 2:00 p.m. 2nd Floor City Clerks Office SEALED BID For Edison Community Complex & Youth Sports Complex Phase I C.C. No. 1346 in the City of 1-Iuntington Beach DO NOT OPEN WITH RtGULAR MAIL SECTION C PROPOSAL for the EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1 CC No. 1346 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND 'MEMBERS OF THE COUNCIL OF i 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 If awarded the Contract, the undersigned agrees that in the event of the BIDDERS 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, SCHEDULE OF PRICES - BASE BID u�l��pffi�To!�° �ese: p�"�']ti�nffi .:;r.� ,r�•".,t.'eaai�''r�i• ai�smr��, �.��; •- s R;'<t: 5. a_` x a 'vi -t `lri:.:r ,i� ..a, n. •r.,�;;w st.S.. _a. ,.�•. zr;:.., .,':.y � v ;`s., ."�:aL: � €'fY i't�d�vr:�,••r,'�. .g .z. _ ..,. i:: ,ate ..x.�i:•:7 i' ...... ' . {1 al' •'�i.a r'�5.; �J F f K.i` :1��t . L,y;,. e ia'•�1�,<+pr `:[yi yam: ..;.Q.:;t...:,•a:q,,:r&.:;:C',: ••`C.,:w:!.9:?...rt•..-d`7,:rr:...r.a:a:.,:'�fYi: a� .."?F: :Sk3. - 5'-vN�+.< 4^:.r,. _ y: 1 .u_...k•;:'yii� .:7i,.r.:its. Construct Edison Park, 1 Phase 1, CC134b 1 LS $91 9,889 .00 TOTAL AIVIOtWT OF BASE BID: $919 ,8 8 9 .0 0 IN WORDS: Nine hundred nineteen thousand eight hundred eighty nine*******************DOLLARS AND 00/100******* CENTS Accompanying this proposal of bid, find Bidders in the amount of$1 o o which said amount is not less than 10%of the a&9*te 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 S' nwure 1 1 /3/2011 A C-2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For EDISON COMMUNITY CENTER CC NO. 1346,PHASE 1 in the CITY OF HUNTINGTON BEACH January 3,2011 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REPLACE STOLEN TURF WITH SOD TURF Revised Plans,Sheets L8,L9,&LIO (See following pages 2,3,&4). Revised Specifications, Sheets E-38 and E-39, Section 308-4.8 Lawn Planting (See following pages 5&6). 2) CLARIFICATION On Sheet L6, only chain link fence "fabric" is to be vinyl coated. All other parts are not vinyl coated,but painted to match. This is to acknowledge receipt and review of Addendum Number one,dated January 3,2011. MSH Construction Co. , Inc. ���� � dba: The Moss Company �. Company Name By 1 /4/2011 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please email Todd Broussard at troussard ,surfcity-hb.org G:\Construction Contracts(CCs)\CC1346 Edison Park Reconfiguration,Ph. I\Engineering\Bid Docs\AddendumWDDENDUM I - CC 1346.doc LIST[' OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. '. i i Portion Name and, ddress of Subcontractor State License Class a Work. Number i See Attached 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 finnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOJLLUSION AFFIDAVIT TO RE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Lisa Moss , being first duly sworn, deposes and says that he or she is President of MSH Construction Co. Inft party making the foregoing bid that the bid is not made 1 ►e i st br R 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. MSH Construction Co. , Inc. dba: The Moss Company Name of Bidder Signature of Bidder 15301 Connector Lane Huntington Beach, CA 92649 Address of Bidder Subscribed and sworn to before me this 11 th day of January ,2011 M.8 BILLS J� COMM. #1848552 z z Notary Public • California o Orange County My Comm.Expires May 10,2013 NOTARY PUBLIC NOTARY SEAL - C-4 The Mc--YH Qt1Sti'l�C01� ® Il�' T2e Moss Company "y;'ia;siSn'rjIir 'x9SF1 Gr_rntt'uCsur CU i DBE;.WBE&SBE C:er6tied LIST OF SUBCONTRACTORS Portions of Name and Address of State License Class Work Subcontractor Number Demolition G K Backlund Inc. CA 678637 A 18451 Collier Ave. #B Exp. 10/31/11 Lake Elsinore, CA 92530 Site Utilities T T S Engineering Inc. CA 755079 A 16835 Algonquin St. #453 Exp. 9/30/11 Huntington Beach, CA 92649 Irrigation& DMA Greencare Contractors CA 348214 A,C27 Landscaping 3000 E. Coronado Exp. 8/31/12 Anaheim, CA 92806 Paving, Striping Hardy & Harper, Inc. CA 215952 A,C8,C 12 & Signs 1312 E. Warner Ave. Exp. 12/31/11 Santa Ana, CA 92705 Chain Link Champion Fence Contractors CA 913186 C 13,C23 Fence 2106 N. Glassel Exp. 4/30/12 Orange, CA 92865 Masonry J Ginger Masonry CA 940581 C29 8188 Lincoln Ave. #100 Exp. 12/31/11 Riverside, CA 92504 Bollards Lopez Engineering CA 305971 A 2467 First Street Exp. 4/30/12 La Verne, CA 91750 Electrical Far West Marine Electric CA 417478 CIO 1100 Irvine Blvd. #723 Exp. 1/31/11 Tustin, CA 92780 15301 Connector bane ® Huntington Beach, CA 92649 • (714) 899-9509 Phone ffi (714) 899-9510 Fax Contractor License No. 687390 A,B,C8 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 EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1, (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. j 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. MSH Construction Co. ,Inc . rihn - ThP Moss Company Contractor e � By President Title Date: January 1 1 , 2011 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes %XNo 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. MSH Construction Co. , Ince dba: The Moss Company Contractor By I President I Title i i I Date: January 11 , 2011 C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 or 1-840- 4224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: TBD at time of award MSH Construction Co,Inc. dba: The Moss Company Contractor 1 By President Title Date: January' 11 , 2 01 1 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 i BIDDER certifies that the following information is true and correct: i MSH Construction Co. ,Inc. dba: The Moss Company t j Bidder Name 15301 Connector Lane, - Business Address Huntington Beach, CA 92649 City, State Zip { 714 ) 899-9509 Telephone Number 687390 A, B, C8 State Contractor's License No. and Class 04/13/1994 Original Date Issued 03/31 /2012 Expiration Date The work site was inspected by Walter Moss of our office on .Ta ny a ry , 2011 . The following are persons, firms, and corporations having a principal interest in this proposal: MSH Coristrtuction CO. ,Inc. Lisa Moss, President dba: The-Moss Company MSH Construction Co. ,Inc. Walter Moss, Exec. Vice President dha: The Moss Company MSH Construction Co. ,INc. Martin RnI lister, V p secretary dha : The Moss Company C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. MSH Construction Co. ,Inc. dba: The Moss Company Comp y Name Signature of Bidder Lisa Moss Printed or Typed Signature Subscribed and sworn to before me this 11 t y ofJanuary ,20I 1 r Comm, #1843552 z Notary Public -California b Z - Orange county a M Comm.Exgirc NOTARY PUBLIC' Q Lf3� NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has perfornned similar work within the past two years: Huntington Beach City School District 1. 20451 Craimer Lane, H.B. Ca. 92646 Name and Address of Public Agency Name and Telephone No. of Project Manager: Loretta Trincall -71 4-378-2067 HSES & ASES Parking $1 ,036,527.00 Lot Replace & Expansion 9/30/2010 Contract Amount Type of Work Date Completed Huntington Beach Union High School District 2. 5832 Bolsa Ave. H.B. Ca. 92649 Name and Address of Public Agency Name and Telephone No. of Project Manager: Celia Taylor - 71 4-903-7000 Marina H.S. $867,527 `00 N. Parking Lot Replacement 11 /30/2009 Contract Amount Type of Work Date Completed Huntington Beach Union High School District 3. 5832 Bolsa Ave. H.B. , Ca. 92649 Name and Address of Public Agency Name and Telephone No. of Project Manager: Celia Taylor - 714-903-7000 F.V.H.S. Site $1 ,055,255.00 Work Improvements 11 /30/2008 Contract Amount Type of Work Date Completed C-10 State 0` California rA= CONTRACTORS STATE LICENSE BOARD i usc,M u 687390 C 0 R P THE M S H CONSTRUCTION COMPANY INC DBA THE MOSS COMPANY B C-8A "Copy for Information Only OP ID: KG CERTIFICATE OF LIABILITY INSURANCE DAT 12/22DYYYY) 12/22/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. CONTACT PRODUCER 909-886-9861 NAME: Alliant Insurance Services,lnc909-886-2013 PHONE AACA/C No Ext o: (Lic-OC36861) E-MAIL 735 Carnegie Drive,Ste 200 PRODUCER San Bernardino,CA 92408 CUSTOMER ID#:MSHCO-1 INSURER(S)AFFORDING COVERAGE NAIC p INSURED The M S H Construction Company INSURER A:Everest National Insurance Co Inc INSURER B dba:The Moss Company INSURER C 15301 Connector Lane Huntington Beach,CA 92649 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDfTIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADO SUB POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE ( RENTED PREMISESS Ea occurrence) $ CLAIMS-MADE1:1 OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) $ NON-OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMIT, ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/NE.L.7600001468101 03/19/10 03/19/11 E EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Job: Edison Community Complex&Youth Sports Complex-Phase 1,21377 Magnolia Street,Huntington Beach,CA 92646. The City of Huntington Beach,its officers,employees and agents. CERTIFICATE HOLDER CANCELLATION CIHUN01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y g ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach, CA 92646 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD AC®R® CERTIFICATE F LIABILITY INSURANCE 1TE(MMIDDIY YY) M 2/23/2010 PRaDUCER 9U9.793.2373 FAX 909.798,6983 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Davis & Graeber Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License No. 0186657 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 470 E. Highland Ave, PO Box 40 Redlands, CA 92373 INSURERS AFFORDING COVERAGE NAIC# INSURED MSH Construction Company Inc. INSURER A-. Westchester Fire Insurance Co DBA: The Moss Company INSURER First Nat'l Ins. Co of America 24724 15301 Connector Lane INSURER Huntington Beach, CA 92649 INSURER 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. INSR DD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR INSR DATE MM/DD DATE MMIDD LIMITS GENERAL LIABILITY G24006323003 02/08/2010 02/08/2011 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 50,000 CLAIMS MADE T OCCUR MED EXP(Any one person) $ 5,000 A X $5000 dec per Occ PERSONAL a ADV INJURY $ 1,000,000 X XCU included GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY T PJFC ROT LOC CG2503 (11/85) AUTOMOBILE LIABILITY 01CH7419383 03/15/2010 03/15/2011 COMBINED SINGLE LIMIT X ANY AUTO (Ea acadent) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ B SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS I UMBRELLA LIABILITY G24006347003 02/08/2010 02/08/2011 EACH OCCURRENCE $ 3,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 3,000,000 A $ DEDUCTIBLE $ X RETENTION $ 10,00 $ WORKERS COMPENSATION W STA U- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNEP/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS e: BID INFORMATION ONLY-Edison Comm Complex & Youth Sport Center Phasel,Huntington Beach,CA ertif-icate Holder is Additional Insured per form CG2010(11/85) as required by contract including rimary-Non Contributory wording per form GLE007(1/96), Waiver of Subrogation per form CG2404(10/03) uto Additional Insured & WOS per form CA7110(3/07) 10 Day Notice of Cancellation for non payment of premium CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION For Bidding Purposes Only ! SAMPLE ONLY DATE THEREOF,THE ISSUING INSURER WILL MXAMXX MAIL *30 DAYS WRITTEN City of Huntington Beach,its offi cers,el ected or appointed officials, employees,agents and NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,r(DEaEXIYG} XhXX)EX X volunteers DXd�XtXKr4X9` L1Q�(D4�( 1dXd(3kX7>� `1iITtiXX[IXdF�fDf�C (X 2000 Main Street A(I &IX*MXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE George DeCristo/RLP ACORD 25(2009I01) O 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 This Certificate of Insurance 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(2009J01) POLICY NUMBER: G24006323003 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFl LLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM R) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: As required by written contract signed by both parties prior to loss. (lf no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) WHO IS AN INSURED {Section ll} is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. ht Insurance S Office, Inc. 1984 Page 1 of 1 CG 20 10 11 8S Copyright, Services i g 27 Named Insured NISH Construction Company Inc. Endorsement Number dba: The Moss Company Policy Symbol Policy Number Policy Period Effective Date of Endorsement GLW G24006323003 02/08/2010 To 02/08/2011 02/08/2010 Insured By(Name of Insurance Company) Westchester Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITION 4, OTHER INSURANCE, AMENDED - NON CONTRIBUTORY Paragraph 4.c. is deleted in its entirety and replaced by the following: c. If all of the other insurance permits contribution by equal shares, we will follow this method unless the insured is required by contract to provide insurance that is primary and non-contributory, and the "Insured Contract" is executed prior to any loss. Where required by a contract, this insurance will be primary only when and to the extent as required by that contract. However, under the contributory approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Authorized Representative GLE0007(01-96) Page 1 of 1 3Z POLICY NUMBER: G24006323003 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As required by written contract signed by both parties prior to loss. (If no entry appears above, information required to complete this endorsement will be shown in the Decla- rations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 29 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PEP PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. The General Aggregate Limit under LIMITS OF INSURANCE (SECTION 111) applies separately to each of your projects sway from premises owned by or rented to you. CG 25 03 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 30 nuan COMMERCIAL AUTO CA 71 10 03 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. / EXTENDED CANCELLATION CONDITION V BLANKET ADDITIONAL INSURED Paragraph 2.b. of the CANCELLATION Common SECTION lI — LIABILITY COVERAGE — A.1. WHO Policy Condition is replaced by the foliowing: IS AN INSURED provision is amended by the addition b. 60 days before the effective date of cancellation of the following: if we cancel for any other reason. e. Any person or organization for whom you are re- quired by an "insured contract" to provide insur- TEMPORARY SUBSTITUTE AUTO PHYSICAL ance is an `insured", subject to the following DAMAGE COVERAGE additional provisions: Under paragraph C. — CERTAIN TRAILERS, MO- (1) The "insured contract" must be in effect BILE EQUIPMENT AND TEMPORARY SUBSTITUTE during the policy period shown in the Decla- AUTOS of SECTION 1 -- COVERED AUTOS, the rations, and must have been executed prior following is added: to the bodily injury or property damage". (2) This person or organization is an `insured" If Physical Damage coverage is provided by this Cov- only to the extent you are liable due to your erage Form,then you have coverage for: ongoing operations for that insured, whether the work is performed by you or for you,and Any "auto" you do not own while used with the per- only to the extent you are held liable for an mission of its owner as a temporary substitute,for a "accident" occurring while a covered "auto" covered "auto" you own that is out of service be- is being driven by you or one of your em- cause of its breakdown, repair, servicing, "loss" or ployees. destruction. (3) There is no coverage provided to this person BROAD FORM NAMED INSURED or organization for "bodily injury" to its am- ployees, nor for "property damage" to its SECTION 11 — LIABILITY COVERAGE — A.1. WHO property. IS AN INSURED provision is amended by the addition (4) Coverage for this person or organization of the following: shall be limited to the extent of your negli- gence or fault according to the applicable d. Any business entity newly acquired or formed by principles of comparative negligence or fault. you during the policy period provided you own (5) The defense of any claim or "suit" must be 500/6 or more of the business entity and the business entity is not separately insured for tendered by this person or organization as Business Auto Coverage. Coverage is extended soon as practicable to all other insurers which potentially provide insurance for such up to a maximum of 180 days following acquisi- claim or "suit". tion or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 Safeco and the Safeco logo are registered trademarks of Safeco Cerperation CA 71 10 03 07 Page 1 of 5 EP (6) The coverage provided will not exceed the PERSONAL EFFECTS COVERAGE lesser of: A. SECTION [II — PHYSICAL DAMAGE COVER- (a) The coverage and/or limits of this policy; AGE, A.4. COVERAGE EXTENSIONS, is or amended by adding the following: (b) The coverage and/or limits required by c. Personal Effects Coverage the "insured contract". For any Owned "auto" that is involved in a (7) A person's or organization's status as an covered "loss", we will pay up to $500 for "insured" under this subparagraph d ends fipersonai effects" that are lost or damaged when your operations for that "insured" are as a result of the covered `loss", without completed. applying a deductible. EMPLOYEE AS INSURED EXTRA EXPENSE BROADENED COVERAGE Under Paragraph A. of Section 11 — LIABILITY COV- Paragraph A. — COVERAGE of _SECTION III — ERAGE item f. is added as follows: PHYSICAL DAMAGE COVERAGE is amended to add: Your "employee" while using his owned "auto", ar an "auto" owned by a member of his or her household, 5. We will pay for the expense of returning a stolen in your business or your personal affairs, provided.you covered "auto" to you. do not own, hire or borrow that "auto". This coverage is excess to any other collectible insurance coverage. AIRBAG COVERAGE FELLOW EMPLOYEE COVERAGE Under paragraph B. - EXCLUSIONS of SECTION III PHYSICAL DAMAGE COVERAGE,the following is Exclusion 6. FELLOW EMPLOYEE of SECTION Il -- added: LIABILITY COVERAGE - B. EXCLUSIONS is amended by the addition of the following: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag.' However, this exclusion does not apply if the "bodily injury" results from the use of a covered "auto" you NEW VEHICLE REPLACEMENT COST own or hire, and provided that any coverage under this provision only applies in excess over any other .Under Paragraph C LIMIT OF INSURANCE of collectible insurance. Section III — PHYSICAL DAMAGE COVERAGE sec- tion 2 is amended as follows: BLANKET WAIVER OF SUBROGATION y 2. An adjustment for depreciation and physical con- We waive the right of recovery we may have.for pay- dition will be made in determining actual cash ments made for "bodily injury" or "property damage" value in the event of a total loss. However, in the on behalf of the persons or organizations added as event of a total loss to your "new vehicle" to "insureds" under Section II — LIABILITY COVERAGE which this coverage applies, as shown in the — AA.D. BROAD FORM NAMED INSURED and declarations, we will pay at your option: A.1.e. BLANKET ADDITIONAL INSURED. a. The verifiable "new vehicle" purchase price you paid for your damaged vehicle, not in- PHYSICAL DAMAGE -- ADDITIONAL TRANS- cluding any insurance or warranties pur- PORTATION EXPENSE COVERAGE chased; ® The first sentence of paragraph A.4. of SECTION III b. The purchase price, as negotiated by us, of — PHYSICAL DAMAGE COVERAGE is amended as a new vehicle of the same make, model and follows: equipment, not including any furnishings, parts or equipment not installed by the We will pay up to $50 per day to a maximum of manufacturer or manufacturer's dealership. $1,500 for temporary transportation expense incurred If the same model is not available pay the by you because of the total theft of a covered "auto" purchase price of the most similar model of the private passenger type. available; Page 2 of 5 ➢NSCO INSURANCE SERVICES;INC. insc%cp IUnderwriting Manager for. LL EfD Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300 1 D E53 ON DO BOND NO. NIA KNOW ALL MEN BY THESE PRESENTS, That we, The MSH Construction Company, Inc.DBA The Moss Company as Principal,and Developers Surety and Indemnity Company a corporation authorized to transact a general surety business in the State of California as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) in the full and just sum of ten percent of the total amount bid Dollars, ($10%---------- )for the payment whereof in lawful money of the United States, we bind ourselves,our heirs, administrators, executors, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the said PRINCIPAL has submitted the accompanying bid for Edison Community Complex and Youth Sports Complex,Phase 1 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and Sealed this 29th day of December 2010 . - YEAR The MSH Construction Company, Inc. DBA The oss Company Developers Surety and Indemnity Company iSurety Principal Shannon ez Attomey-in-Fact ID-1198(Bid Bond);(REV.1101) II CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On December 29, 2010 before me S. Lynn Ewer, Notary Public, personally appeared Shannon Lopez , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ............................................. . Z S.LYNN EWER Z s COMM.#18074]] g P NOTARY PUBLIC-CALWORNIA P SAN BERNARDINO COUNTY My Comm.EXP. Jury 26,2012 1 Signature (Seal) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***Peter M. Davis, Kenzie K. Thompson, Shannon Lopez, Martin M. Davis, George A. DeCristo, Gale Delo, jointly or severally*** as their he and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said.corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attomey(s)in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(sYio-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attomey is granted_and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Execu6ve.Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power ofAttomey,qualifying the attomey(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st,2008. By: / s t� AND t, epPAfdr Daniel Young,Vice-President i\y; P00 a;P C+O 10,P0A ByV—/25 3 a; OCT. .1 OC`T•5 G O to Stephen T.Pate,Senior Vice-President 9 3 B ` 'q O o, 18&7 State of California County of Orange On August 13th,2008 before me, Jenny TT Nguyen,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T.Pate Name(s)of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in histher/their authorized capac1 es),and that by hislherltheir signatures)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. comm.#1701 fK7F W I'tOX OFWM I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE CMOL"Y true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature J TT Ng n,r Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are In force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 29thday Of December, 2010 gy: < _ regg Okur, istant Secretary ID-1380(Rev.11109) City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK March 21, 2011 United Contractors Co., Inc. 2050 S. Santa Cruz St., Ste. 2300 Anaheim, CA 92805 RE: CC-1346— Edison Community Complex& Youth Sports Complex, Ph. 1 Enclosed please find your original bid bond for CC-1346. Sincerely, Joan L. Flynn, CIVIC City Clerk J F:pe Enclosure Sister Citi" i at/le&YM,� (.laoblew Zealand (Telephone:714-536-5227 United Contractors Company, Inc. 2050 S. Santa Cruz Street, Suite 2300 M Anaheim, California 92805 1 PIN 1= 57 SEALED BID FOR; EDISON COMMUNITY CENTER CC NO, 1346 PHASE 1 ATTN: PUBLIC WORKS DEPARTMENT CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CALIFORNIA 92648 SECTION C PROPOSAL for the EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1 CC No. 1346 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 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. SCHEDULE OF PRICES e BASE BID Iterri lvo Desc-ipt�bn EstimatedTnrt Eafended Amoui S A s'ec t ' Construct Edison Park, 1 Phase 1, CC1346 1 LS $ I uco TOTAL AMOUNT OF BASE BID: $ ] E5 IN WORDS: prq MjkXjm1Mj -1AVVCjUd t.�'CY�U,1' DOLLARS AND CENTS Accompanying this proposal of bid, find .BID mu in the amount of$ 10/ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Si nature o� JA*1 3 �/ C_2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number S IM pp. 5 . LewiG Et- Z AvottiNte-�5 P'-:'1Vtr1 ' I 170(P IP5FZ�n �C-Wwt�Am' ILUYIIJ5�u -T, 10) j 110265 'Ts l Q l LA M'kji nc A � �� d , � By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. - 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this,project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange AI.kWM A. NARTANI , being first duly sworn, deposes and says that he or she is PFMIDENT/SECmTARY of. IN= oWMACMW, m, Dr. 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. L V111:dJ C1aV�RS QL'1my, Dr. Name of Bidder Signature of Bidder 2050 S. SNM CRE STREET #2300 A EIM, CA 92805 Address of Bidder Subscribed and sworn to before me this day of 5� 20i_J_ . by pc[Sou bly Is1lDavefefRlB or proven to me on the Dacia of satisfactory MOE MANOR evidence to be the porsonW who appeared before me. m m U '°+ NOTARY RAIGC&FORNiA m OAAWK COUNTY W My Term Exp.800.10,201-A NOTARY PUBLIC 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 EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1, (1)(we)(it)'wilI-cmploy 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 S, 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. tN= OaJIRA us QM y, IlJC. Contractor By AIEXXOM A. NAPJX I PRESIDEW Title Date: 1/5/11 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 071 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 l will comply with such provisions before commencing the performance of the work of this contract. Uj= 0YjRAMU;S CaTANY, INC. Contractor By AL2 A. PRESi= Title Date: 1/5/11 C-7 a UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 or 1-800- 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: iN= CMRACIU S MP M, M. Contractor By AT-EMEM A. F'EMIEENI' Title Date: 1/5/11 Note: This form is required for every Dig Alert Identification Number issued by U.SA. 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: tIN= MUM= CJWANY, INC. Bidder Name 2050 S. SWM CYE SIREEr, SUITE 2300 Business Address XQHM CA 92805 City, State Zip 714 } 634-8006 Telephone Number 803959 - A& B State Contractor's License No. and Class 2-2-02 Original Date Issued 2-29-2012 Expiration Date The work site was inspected by TAUM-341TR of our office on 1/4 , 2011 . The following are persons, firms, and corporations having a principal interest in this proposal: NZWEM A. m,umi - FmnB)E r/SDa;u= K)m mIRARII m - y. PRmiDENr/nEAaJ R C-9 Y The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. LV= WMRAMU S CCMPMY, DE. Company Name Signature of Bidder ALEK)bFR A. M,1Z7ANVI Printed or Typed Signature Subscribed and sworn to before me this day of 201 . bY_1lL4 _ prove td o me on the basis of satisfactory w MOE MANOR evidence to be the person who appeared before me. [7 COMM,,,190340G NOTARY PUBLI"ALIFORNIA --4 m ORANCIE COUNTY W NOTARY PUBLIC My Term Exp.Sept.10,2014 NOTARYSEAL 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 ATrACRQVI' 'A' & 'B' 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 ATTACHMENT A UNITED CONTRACTORS COMPANY, INC. COMPLETED PROJECTS PROJECT NAME CONTACT NAME PHONE NO. FAX NO. CONTRACT AMT DATE OF COMPLETION MORENO VALLEY EMERGENCY DALE BROSE 951.413.3355 951.413.3363 $3,435,657 AUGUST 2010 OPERATIONS CENTER (NEW CONSTRUCTION) CITY OF MORENO VALLEY PARADISE CANYON BOB BARKER 818-952-8373 866-700-9994 $2,830,000 OCTOBER 2009 ELEMENTARY SCHOOL (MULTI-PURPOSE BUILDING) LA CANADA UNIFIED SCHOOL DISTRICT TYNES ELEMENTARY SCHOOL JEDD COSME 714-996-2550 714-986-7094 $1,527,882 JULY 2009 (ELECTRICAL& LOW VOLTAGE) PLACENTIA YORBA-LINDA UNIFIED SCHOOL DISTRICT NARBONNE HIGH SCHOOL ROBERTJENSEN 310-354-3249 $1,450,000 JUNE 2009 (SMALL LEARNING COMMUNITY) LOS ANGELES UNIFIED SCHOOL DISTRICT ATTACHMENT A UNITED CONTRACTORS COMPANY, INC. r COMPLETED PROJECTS PROJECT NAME CONTACT NAME PHONE NO. FAX NO. CONTRACT AMT DATE OF COMPLETION LOS ANGELES VALLEY COLLEGE ROBERT RINCON 213-996-2589 818-756-0951 $3,090,340 FEBRUARY 2009 (THEATRE ARTS& MOTION PICTURE BLDG.) LOS ANGELES COMMUNITY COLLEGE DISTRCIT JOHN WAYNE AIRPORT RICK CATHEY 949-252-5129 949-252-5278 $2,857,854 JUNE 2008 (RENOVATIONS) COUNTY OF ORANGE LADERA PARK&SENIOR&COMMUNITY ALICIA RAMOS 626-300-3277 626-300-2387 $3,150,553 FEBRUARY 2008 BUILDING (NEW CONSTRUCTION OF SENIOR& COMMUNITY BLDG.) COUNTY OF LOS ANGELES CALIFORNIA POLYTECHNIC UNIVERSITY- JAIME LANDMAN 909-979-5107 909-869-2292 $1,350,000 SEPTEMBER 2007 POMONA (ALISO RESIDENCE HALL RENOVATION) THE TRUSTEES OF CALIFORNIA STATE , UNIVERSITY ATTACHMENT A UNITED CONTRACTORS COMPANY, INC. COMPLETED PROJECTS PROJECT NAME CONTACT NAME PHONE NO. FAX NO. CONTRACT AMT DATE OF COMPLETION SILVERADO EDUCATION CENTER TOM McKEOWN 949-580-3239 949-581-2813 $1,860,000 JUNE 2007 (SITE PREP, RETAINING WALL& RELOCATION OF PORTABLES) SADDLEBACK VALLEY UNIFIED SCHOOL DISTRICT WASHINGTON ELEMENTARY SCHOOL TIM BROWN/ 626.296.6746 626-296-3478 $1,890,000 OCTOBER 2006 CONSTANTINOS (MODERNIZATION &RENOVATION) KOLONIAS PASADENA UNIFIED SCHOOL DISTRICT WEDGEWORTH ELEM.SCHOOL WILSON VASCONEZ 626-839-9300 626-839-9307 $2,265,000 DECEMBER 2005 (MODERNIZATION &RENOVATION) HACIENDA LA PUENTE UNIFIED SCHOOL DISTRICT MOUNT SAN ANTONIO COLLEGE JOHN BECKTON 909-468-4443 909-468-3939 $928,000 MARCH 2O05 CONSTRUCTION OF ESL& HCC BLDG (EARTHWORK, ROADWAY, PARKING LOTS) MOUNT SAN ANTONIO COMMUNITY COLLEGE DIST. ATTACHMENT A UNITED CONTRACTORS COMPANY, INC. COMPLETED PROJECTS PROJECT NAME CONTACT NAME PHONE NO. FAX NO. CONTRACT AMT DATE OF COMPLETION BEECHWOOD&HERMOSA DR. ELEM. RUSELL TROZERA 714-231-9474 714-446-0674 $1,226,000 DECEMBER 2004 SCHOOLS MODERNIZATION &MAINTENANCE UPGRADES) FULLERTON SCHOOL DISTRICT NICOLAS JUNIOR HIGH & PACIFIC DR. RUSELL TROZERA 714-231-9474 714-446-0674 $2,032,000 DECEMBER 2004 ELEMENTARY SCHOOL (MODERNIZATION & MAINTANCE UPGRADES) FULLERTON SCHOOL DISTRICT OLD ORCHARD ELEM SCHOOL JARED CASCADDEN 661-259-6250 661-259-3290 $1,298,068 DECEMBER 2003 (PLAYGROUND, UTILITIES INFRASTRUCTURE) NEWHALL SCHOOL DISTRICT PIERCE COLLEGE BILL AMADOR 818-865-9611 818-865-1550 $450,000 JUNE 2002 (SITE PREPARATION) LOS ANGELES COMMUNITY COLLEGE DISTRICT KITED CONTRACTORS COMPANY, Inc. Lic.#803959 2050 South Santa Cruz St. Suite#2300 Anaheim, CA 92805 • Tel.: 714-634-8006 • Fax: 714-634-8010 ATTACHMENT B CURRENT PROJECTS Project: Pierce College Landscape&Specific Master Plan Phase 2 Owner: Los Angeles Community College District C.M.: Swingerton Management&Consulting Ed Cadena, Deputy Director Pierce College 6201 Winnetka Avenue Woodland Hills, CA 91371 (T)818.710.2243 (C)213.494.1830 ed.cadena(o)build-laccd.org Michael Lee, Project Manager Pierce College 6201 Winnetka Avenue Woodland Hills, CA 91371 (T) 213.820.0546 (F)818.710.2599 michael.lee d-build-laccd.org Architect: Berliner&Associates Architecture Lautaro Galvez 5976 Washington Blvd. Culver City, CA 90232 (T)310.838.2100 x104 (F)310.838.2150 lautarog(a bediner-architects.com Contract Amount: $3,400,000 %Completion: 60% Date of Completion: October 2010 UNITED CONTRACTORS COMPANY, Inc. Lic.#803959 2050 South Santa Cruz St. Suite#2300 Anaheim, CA 92805 • Tel.: 714-634-8006 • Fax: 714-634-8010 ATTACHMENT B Project: Los Angeles Trade Technical College New Swing Library&Building R Renovation Owner: Los Angeles Community College District C.M.: Anil Verma Associates, Inc. Deba P. Mohapatra, Project Director (T)213.763.7392 (F)213.763.5990 deba.mohapatra@build-laccd.org Rick Colman, Campus Project Manager (T)213.763.7396 (F)213.763.5990 rick.colman@build-laccd.org Architect: PBWS Architects Barton Anderson, Principal 1040 Lincoln Ave.,Suite 200 Pasadena, CA 91103 (T) 626.432.5000 (F) 626.432.5010 barton .pbws.com Contract Amount: $2,600,000 %Completion: 99% Date of Completion: July 2010 h _..._....-........_-.,__ --.---.....................�....................................__.._..._�__...__....y 2 _............._......__..——---_----------- �.... ._.._... . _.... UNITE® CONTRACTORS COMPANY Jnc. Lic.#803959 2050 South Santa Cruz St. Suite#2300 Anaheim, CA 92805 • Tel.: 714-634-8006 • Fax: 714-634-8010 ATTACHMENT B Project: Group 6 Modernization Projects Owner: San Bernardino City Unified School District Samer Alzubaidi, Facilities Planning &Development Director 956 West 91h Street San Bernardino, CA 92411 (T)909.381.1232 (F) 909.885.9991 samer.alzubaidiosbcusd.k12.ca.us Kurt Supinger, Project Manager, Facilities Management 956 West 91h Street San Bernardino, CA 92411 (T)909.388.6100 (C)909.233.5993 kurt.supinger@sbcusd.k12.ca.us Architect: HMC Architects Dan Benner, Principal 3546 Concours Street Ontario, CA 91764-5583 (T)909.989.9979 (C)909.240.4169 (F)909.483.1400 dan,ben ner athmcarchitects.com Contract Amount: $3,650,000 %Completion: 80% Date of Completion: October 2010 UNITED CONTRACTORS COMPANY, INC. Lic.#803959 2050 South Santa Cruz St. Suite 2300 - Anaheim - CA 92805 - I'M.: 714-634-8006 - Fax: 714-634-8010 Fax To: Vetsource From Tatum Smith Fax; 415.723.7101 Pages- I (incl. cover page)________ Phone: Wednesday, January-05, 2011 Re: DVRE, W/MBE Certification Request 11 Urgent Ok For Review 11 Please Comment Please Reply 0 Please Recycle We would like to request Certification for the following ro,ject_____ PROJECT: EDISON COMMUNITY CENTER PHASE 2 PROJECT NO.: CC No. 1,346 PHASE I -------------------------------- OWNER: CITY OF HUNTINGTON BEACH BID DATE-. JANUARY 11, 2011 0 2PM Y7' ----------------------------Than o Tatum Smith Tatum.smith@unitedcontractors.biz _ I _ OW L _ �i J u - EIA.-I i California Certification Report-p. 1 -Generated on Dec 15,2009 l California Certification Report i kegal Business Warne VETSOIJRCE lNC �$���, ����,: Doing Busirtess.As VETSOURCE INC a ,- �`� Address 16701 MAI'N.,ST PMB 250 ���� Phpne (760)97�3836 2111,.`" HESPERIA CA 92345 FAX %` (760)94$0952 wc IRmail fklope&l comcastmet` f " It Web Page http flwww uetszourceinc cam Dec 3, e Active Certifications . S 2009 Dec 31,20�10�� DVBE Dec 7,2009 Dec 31,2010 Business Types Construction Service Non Manufacturer, ; s�- a 5 u4 '.4T, 1E rHOC� 9afjr Classification ..r: [2210�19]Budding construction machinery and accessonesg [341217]Road and railroad construction niatenals PO19171 Construction nd shed 'd if... 601413 `Childrens sa traders � ��: s� [ ] bior ks'and budding systems � 1 [711230.],Integratedservices, a wF [711614]Weli construction management services - b r?,,,. � 1111]M�u�ttple unit dwelling construcfionserurces" 1210],I euv mdustnal building and warehouse construction services t 0 [7212111 Commercial and office building`construction sd ices [721212]Agricultural building construction services - [721213].Automotiye;garage and service station construction services ';": , =. [721214]Specialized public building construction services,f �i a� [721215]Industrial plant construction services [721410)Highway and road constructtonIN sernces y age [721411]Infrastructure b,uadi and surfacing and paving services ..... k, 721412 panne constructipn ervices [ ] [721413]jAthletic,and recreational fiacility construction service ,, &W, ' [7r21414j Detention facdity construction and repair servicesF ] : [T21416 Mass transit systeM�construction services, 7 f'. UVI L1510]Boiler and furnace construction and maintenance services ..[721511]IUmbIC CQnStrU=Cflgn Services fYN ' v � , [721512]Heating and cool"' and air conditioning HVAC earistruefipn services [721514]-,W„all covering construction servic V lq�,g, [721515]Electric services [721519]Masonry and stonework services �s [721527]Concrete installation and.repair services {721531] Athletic and recreational fiaciiity construction services - ME i� .•;; [721537]Parking facility construction and equipment installation and [72[535 Structural exterior cleanin services t s main enan�e and repair service 3 5 � [721540]"Specialtybuitding and trades services " ,I �31615]Manufacture of machinery �� .. [ 01116]Temporary personnel seiyices x [811t?15j Givilseng%neenng,, [8110241 Electrical power transmission engineering; , [8811118]Television services i 3° ` California Certification Report-p.2-Generated on Dec 15,2009 Keywords.,,:.,—, "'CONSTRUCTION-NONGER ELECI RIIAL CAL ROOFING HTION PAINT EATING SUPPLIES ES RE PLUM TERS A1R!CO DU,RABLE GOOD.' r 10, LUMBER WHOLES NDITIONING UNITED CONTRACTOPSCOMPANY, INC. Lic.#803959 2050 South Santa Cruz St. Suite 230u • Anaheim • CA 92805 • Tel.: 714-634-800,- Fax: 714-634-8010 Request to Bidders Column Company: UNITED CONTRACTORS COMPANY, INC. Address: 2050 S. SANTA CRUZ STREET#2300 ANAHEIM, CALIFORNIA 92805 Phone#: 714,634.8006 Fax#: 714.634.8010 Contact: TATUM SMITH Please ADD our company name as bidder on the following: UNICA3111 Dodge Report# Bid Date Project# Project Title Location 10-588 208 2 1/11/11 @ 2PM _ EDISON PARK YOUTH SPORTS HUNTINGTON BEACH, COMPLEX REFURBISHMENT CA Please WITHDRAW our company from the following: Dodge Report# Bid Date Project# Project Title Location f�. I December 27, 2010 Signature Date FAX YOUR REQUEST TO: 888 699-3875 (WITHIN 626 AREA CODE: 626 932-6108) j 1T,CC rrj lt Ld J i:L HUNTINGTON BEACH CA (ORANGE CO)—EDISON PARK YOUTH SPORTS COMPLEX SITE REFURBISHMENT ($1,000,000)- BIDDERS - BIDS TO OWNER JANUARY 11 AT 2PM PST- Owner/Architect - City of Huntington Beach City Clerk Administration 2000 Main St Fl 2 Huntington Beach CA 92648.2702(714.536.5431)Fax-(714-3744573) (Take bids reported 12/17—Rept 10-580208) Bidders WEEGER BROTHERS INC 2124 MAIN ST STE 146 HUNTINGTON BEACH CA 92648-6443(714-536-3854) FAX:(714-536-4854) ADVANCED ENERGY DESIGN 748 N POPLAR ST#300 ORANGE CA 92868-1014(714-'363-4209)FAX:(714- 978-6931) -96C --6 -AMERICA WEST LANDSCAPE INC. 15986 LA PALMA DR CHINO CA,9!710 59(909-3 9 3bo)FAX:(gro 393-6863) CS LEGACY,CONSTRUCTION CO 13263 YbRBA AVE,CHINO CA 91710-4042(909-590-2626)FAX (909-S90- 4117) CREW INC 19618 S SUSANA RD COMPTON CA 90221-5716(310-608-6860) DMA CONTRACTING 3000 E CORONADO ST ANAHEIM CA 92806-2602(714-630-9470)FAX:(714-6311-9471) ENVIRONMENTAL CONSTRUCTION 21550 OXNARD ST STE 1050 WOODLAND HILLS CA 91367-7100(618- 449-8920)FAX:(818-703-9073) HYDROPLANT INC(EROSION CONTROL)356 PACIFIC ST SAN MARCOS CA 92069(760-74.­7360) LOS ANGELES ENGINEERING 633 N BARRANCA AVE CUONA CA 91723-1229(626-454-E222)FAX:(626- 454-5226) MARIPOSA HORTICULTURAL ENT INC LARRY RUDD 15529 ARROW HWY IRWIiNDN_E CA 91706-2002(626- 1 960-0196)FAX:(626-960-8477) OCEAN DEVELOPMENT INC.,13453 BROOKS DR BALDWIN PARK CA 91706-2255(626-293-6000)FAX: (626-293-8001) OHNO CONSTRUCTION COMPANY 16174 BOYLE AVE FONTANA CA 92337-7401(619-27&8824)FAX:(619- 11 1 278-8761), OHNO CONSTRUCTION 9416 MARTIN LUTHER KING JR WAY S SEATTLE WA 93 118-5418(206-32b-l529) . FAX:(206-324-8063) MSFI CONSTRUCTION 15581 COMPUTER LN HUNTINGTON BEACH CA 92649-11605 TTS ENGINEERING 16835 ALONOUIN#453 HUNTINGTON BEACH CA 92649(714-J40-6j46)FAK,(714-346-7 191,Y) -UNITED CONTRACTORS COMPANY,INC 2050 S SANTA CRUZ ST STC2300 ANAHEIM CA 92805-68 I I (714-634-8006)FAK(714-634-8010) City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431;Fay (714)-374-1573 ADDENDUM NUMBER ONE For EDISON COMMUNITY CENTER CC NO. 1346,PHASE I in the CITY OF HUNTINGTON 13EAC14 January 3,2011 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: I) REPLACE STOLEN TURF WITH SOD TURF Revised Plans,Sheets L8,L9,&LIO(See following pages 2,3,&4). Revised Specifications, Sheets E-38 and E-39, Sectign 308-4.8 Lawn Planting (See following pages 5&6). 2) CLARIFICATION On Sheet L6, only chain link fence "fabric" is to be vinyl coated. All other parts are not vinyl coated,but painted to match. This is to acknovvicd,lc receipt and review ol'Addendum Number one. dated January 3.2011. iN= CaMAI✓M CJCMPANY, Ili: Company Name By 1/6/11 Date All bidders must acknowledge the receipt of this Addendum xvith your bid proposal. Should you have any c}uestions regarding this Addendum,please email Todd Broussard at troussard/i surlcity-hb.org G'.AConstruc6011C0ntracts(CCs)\CC1346 Edison Park Reconfiguration.Ph. 1\Enei1eerineABid Docs'fAddendUtiiAAI7DE:NDl1M I - CC 1346.doc ® Fidelity and Deposit Company of Maryland ® Home Office: 1440 American Lane,Schaumburg, IL 60196 Bond No. UNITC-22 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, United Contractors Company, Inc. as Principal, (hereinafter called the "Principal'), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Huntington Beach as Obligee, (hereinafter called the "Obligee"), in the sum of Ten Percent of the Total 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 Edison Community Center Phase 1. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in_full force and effect. Signed and sealed this 51h day of January A.D.,2011. United Contractors Company, Inc. (SEAL) Principal [Insert Name], witness By Title c�I FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety By (SEAL) [Insert Name], witness Dwight Reilly, Attorney-In-Fact C325-150M, Approved by The American Institute of Architects,A.I.A. Document No. A-310 February 1970 Edition. ACKNOWLEDGMENT State of California County of Orange ) On January 5th, 2011 before me, Allison Ritto, Notary Public (insert name and title of the officer) personally appeared . Dwight Reilly who proved to me on the basis of satisfactory evidence to be the personm whose name(t) is/ subscribed to the within instrument and acknowledged to me that he/s#e/"executed the same in his *reirauthorized capacity( , and that by hisfttf signature(')on the instrument the personM, or the entity upon behalf of which the personM acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. `LL'si;3 RIrTo C-unrnimon # 1824932 z % Put ,iio- California z J an :. i oun?y n Ir,m E xp<r yea<<,2012 Signature (Seal) p - A lison Ritto Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by DAVID S.HEWETT,Vice President,and ERIC D.BARNES,Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2,of the By-Laws of said Company,W,ic Tare set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date he eoPAdBs�# by nominate,constitute and appoint Dwight REILLY and Allison RITTO, both of Orange,Ca;lifopa`a EA�CH�its we Ana lawful agent and Attorney-in-Fact,to make,execute,seal and deliver, for, and•on-itsIti—A as uielyyand,a is ct�aniJ�deed: any and all �, e 3 bonds and undertakings,and the execution of suchbondJ or un�leriakings.in p6r5u n d-the"se presents,shall be as binding upon said Company,as fully and amply,ta afj; tents and putpo as if-th y had been duly executed and acknowledged by the regularly electe of ceWofthe Go�npani to*s-ofri, in BalUnlore, Md., in their own proper persons. The said AssistantSetaoes-hereby eerti,fyat-the extract set forth on the reverse side hereof is a true copy of Article Vl,, Section 2,of the By-taws-of say d Ctip ,find'is-now in force. IN WITNESS WHV.1� OF,,�theaaid Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate-Sear of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 24th day of une, A.D.2010. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND - e S 1 ? # 1 ; ' By: Eric D. Barnes Assistant Secretary David S. Hewett Vice President State of Maryland . ss. City of Baltimore On this 24th day of June, A.D. 2010, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,came DAVID S. HEWETT, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged i:i e execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. -IN TESTIZMONY WHEREOF. I have hereunto set mv_ hand and affixed my Official Seal the day and year first above. written. %Nt Constance A. Dunn Notary Public My Commission Expires: July 14,2011 POA-F 012-0079C City ®f Huntington Beach ' 2000 Main Street ® Huntington Beach, CA 92648 o OFFICE OF THE CITY CLERK , JOAN L. FLYNN CITY CLERK March 21, 2011 USS Cal Builders, Inc. 8051 Main St. Stanton, CA 90680 RE: CC-1346— Edison Community Complex & Youth Sports Complex, Ph. 1 Enclosed please find your original bid bond for CC-1346. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities/id "ac ret)6tSq 66 .gocNew Zealand (Telephone:714-536-5227) 20 USS CAL BUILDERS INC. 8051 Main St. � Stanton CA 90680 (714) 828-4882 License #654454 City Clerk of the City of Huntington Beach �h r Y Second Floor City Hall 2000 Main Street �Yr Huntington Beach, CA 92648 r , Due: January 11, 2011 F*1D ENCLOSE® Time: 2:00 PM "SEALED BID For EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1 C.C. No. 1346 In the CITY OF HUNTINGTON BEACH- DO NOT OPEN WITH REGULAR MAIL a t SECTION C PROPOSAL for the EIDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1 CC No. 1346 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 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. SCHEDULE OF PRICES m BASE BID $ ixt No IDescrtpbn � e�naeii €Tnat rende 1� iat , Construct Edison Park, 1 Phase 1, CC1346 1 LS $ -1iq ,0 - TOTAL AIVi®TJNT OF BASE BID: $ IN WORDS: DOLLARS AND — roc CENTS Accompanying this proposal of bid, find 13\G> in the amount of$�Oc G�aY7KA-Wwhich 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,4 any: Addenda No. Date Reeeived Bidder's S' nature 1 1/10/2011 C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number �Undscta�►rt MuI�1V1U sot c� q 2s� G Z 2VZ C-'V �1 1 kj}J51 6,x,T7t2 A�, s F. 6AUge G7 37 rl A Gi1Ct �' C1v r wCr2 S c;�z 1�Ot�1G (1i31rf j3 r pt nr���nn (`i!'1.F CTA�C7�.[ZE� �+w5c:ri�2y 11Awilr2 C yr 1� t1 zv c C-A nCt Mi -TA 6 UZ,1 A K 15 W112rcCi� sl 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-s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number 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 famished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. c-s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number 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 fiarnished by subcontractor for this project. as LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number 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 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $l 0,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number 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 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number 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-s NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Jennifer Hotrum , being first duly sworn, deposes and says that he or she is President of USS Cal Builders, 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. i -USS -Cal Builders, Inc. Name of Bidder Jennifer Hotrum, President Signature Bidder L8R5�1ain Str Stanton CA 90680 Address of Bidder sworn to before me this day of 201 Subscribed and o �y _ NOTARY PU NOTARY SEAL C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of Orange On t0 2011 before me, Veronica Alicia Lepe, Notary Public Date Here Insert Name and Title of the Officer personally appeared Jennifer Hotrum Name(s)of Signer(s) e V who proved to me on thhasis of satisfactory evidence to be the person whose name�gis/ subscribed to the within ins rument and acknowledged to me that 6she/th6y executed the same in �rrs/herlthaiKauthorized capacity(ie , and that by VL RGNIGA AUCIA LEPE fj+,I/her/t signatupityUpon s on the instrument the commission # 1914012 person(5 or the en behalf of which the $ •d.. Notary Public -California personXacted, executed the instrument. Orange County 10 My Comm.Expires Nov 21,2014 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r Signature: Place Notary Seal Above Signature of Notdry Publ' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document It and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached^Document Title or Type of Document: 1Vl�C �LO W�I�S �tJy I ( QV 1 (� Document Date:�a �M Number of Pages: 1 I Signer(s) Other Than Named Above: I `dw_ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual ❑Individual ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner — ❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 4 ©2010 National Notary Association-NationalNotary.org•1-800-US NOTARY(1-800-876.6827) Item#5907 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1, (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. U -ai-Builders, Inc. Contractor - Jennifer Hotrum By \ Title Date: 1/i mo11 C-S DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. / aat Builders, Inc. Contractor Jennifer Hotrum By President Date: 1/10/2011 C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER *(To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 or 1-800- 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: " Contractor By Title Date: " Nate: 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: USS Cal Builders, Inc. Bidder Name 8051 Main Street Business Address Stanton, CA 90680 City, State Zip (714 ) 828-4882 Telephone Number 654454;A, B, C10, C31, C36 State Contractor's License No, and Class B: 9/18/1992;A: 4/23/2009; C10: 1/11/2010; C36: 2/1/2010; C31: 9/2/2010 Original Date Issued 9/30/2012 Expiration Date The work site was inspected by TBD of our office on TBD 201_. The following are persons, firms, and corporations having a principal interest in this proposal: USS Cal Builders, Inc.: Jennifer Hotrum, President Frin Othmnn, SAP xPtary - Allen Othman Treasurer C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. US al Builders, Inc. CoCo p Name Signat re of Bi Jennifer Hotrum, President kZ,rinted or Typed Signa e Subscribed and sworn to before me this_day of , 201_ ,,,,,..•-'""'" - r NOTARYPUB 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. Redondo Beach Union High School District; 1401 Inglewood Ave., Redondo Beach, CA 90277 Name and Address of Public Agency Name and Telephone No. of Project Manager: Fred Naile, (310) 379-5449 Sitework,Athletic field,demolition,underground wet $2,992,000 utilities,cast-in-place concrete,reinforcing steel, masonry Sept-2009 Contract Amount Type of Work Date Completed 2. Huntington Beach Union High School District; 5832 Bolsa Ave., Huntington Beach, CA 92649 Name and Address of Public Agency Name and Telephone No. of Project Manager: Cecilia Taylor, (714) 903-7000 ext. 4340 Stadium improvements,restroom addition,glu- $1,396,000 laminated beam repair/replacement,select renovations and east parking lot January 2010 Contract Amount Type of Work Date Completed I City of San Marcos; One Civic Center Drive, San Marcos, CA 92069 Name and Address of Public Agency Name and Telephone No. of Project Manager: Jason Linsdau, (760) 802-4718 $1,993,073 Street and park improvements December 2010 Contract Amount Type of Work Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of Orange On to 1 20\1 before me, Veronica Alicia Lepe,. Notary Public D to Here Insert Name and Title of the Officer personally appeared Jennifer Hotrum Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose names/ e subscribed to the ithi�n/instrument and acknowled ed to me that /sheWey executed the same in VERONICA ALICIA LEPE /s/her/R(eir authorized apacity(0), and that by Commission* 19.14012 Is�jher/th�r signature(g) on the Instrument the r' Notary Public-California Orange County person( or the entity upon behalf of which the My Comm.Expires Nov 21 201 person s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing ( paragraph is true and correct. I WITNESS my hand and official seal. I Signature: Place Notary Seal Above OPTIONAL Signature of N tary P I 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 ocument Title or Type of Document: V)\ ( Document Date: ��1 ( � Number of Pages:V r l�r t� I tn Signer(s) Other Than Named Above: ,wp- Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual 0 0 ❑ Partner— ❑Limited ❑General Top of thumb here ❑Partner — ❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: y ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1.800-876-6827) Item#5907 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax(714) 374-1573 ADDENDUM NUMBER ONE For EDISON COMMUNITY CENTER CC NO. 1346, PHASE 1 in the CITY OF HUNTINGTON BEACH January 3, 2011 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REPLACE STOLEN TURF WITH SOD TURF Revised Plans,Sheets L8, L9,& L10(See following pages 2,3,&4). Revised Specifications, Sheets E-38 and E-39, Section 308-4.8 Lawn Planting (See following pages 5&6). 2) CLARIFICATION On Sheet L6, only chain link fence "fabric" is to be vinyl coated. All other parts are not vinyl coated,but painted to match. This is to acknowledge receipt and review of Addendum N mber one,dated January 3,2011. USS Cal Builders, Inc. Jennifer Hotrum, President Company Name B� 1/10/2011 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please email Todd Broussard at tbroussard@surfcity-hb.org GAConslruc[ion Conlracls(CCs)\CC1346 Edison Park Reconfiguration,Ph, ITngineering\did Docs\AddendumlADDENDUM 1 - CC 1346.doc BID BOND KNOW ALL BY THESE PRESENTS,That we, USS CAL BUILDERS. INC. of 8051 MAIN ST. STANTON, CA 90680 (hereinafter called the Principal), as Principal, and SAFECO INSURANCE COMPANY OF AMERICA (hereinafter called the Surety),as Surety are held and fu-mly bound unto CITY OF HUNTINGTON BEACH (hereinafter called Ole Obligee) in the penal sum of TEN PERCENT OF AMOUNT BID Dollars 10% ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDIT101\1 OS THIS, OBLIGATION 1S SUCIH,That WIIERCAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1 NOW, THEREFORE, if the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the raithftIl performance of the said Contract, then this obligation shall be void;otherwise to remain in full force and effect. Signed and sealed this 10TH day of JANUARY 2011 USS CAL UILDERS INC. {Seal) Principal Witness Jennifer Hotrum, President Title 1 SAFECO INSURANCE OMPANY OF AMERICA Witness By P EGA Attorney-in-Fact Safeco insurance Company of America General insurance Company of America POWER 1001 4th Avenue s, OF ATTORNEY Suite Seattle,e,WA 98154 KNOW ALL BY THESE PRESENTS: No. 13003 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint ******************************PHIUP E.VEGA;FRANK MORONES;Brea,California**************************** its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 19th day of January 2009 Dexter R.Legg,Secretary Timothy A.Mikolajewski,Vice President CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 attorneys-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 SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, 0) The provisions of Article V,Section 13 of the By-Laws,and 00 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." 1, Dexter R.Legg Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 these corporations,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 10TH day of JAN UARY 2010 �a� gtiy E CO Got '0Rar� $ SEAL � CORPORATE b w SEAL a drlF Of o� ���f92 Dexter R. Legg,Secretary'` of ofWaS Safeco@)and the Safeco logo are registered trademarks of Safeco Corporation. S-0974/DS 1109 WEB PDF CALIFORNIA ALL-PURPOSE ACKNlOWLEDOM ENNT State of California County of Los Angeles On 01 /10/201 1 before me, Monica Blaisdell, Notary Dale Here Iruert Marne and Titre of the icer personally appeared Philip Vega Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personW whose name%) is/Ake subscribed to the within instrument and acknowledged to me that het j 1e executed the same in hisW&4*y(authorized MONICA BLAIS — capacity(bMX and that by his)k�1gnature(4(on the Commission # 179407ti instrument the person ), or the entity upon behalf of -® Notary PubBc -California which the person(x)acted, executed the instrument. Orange County WcoRM Does Mar 26.2012 t f certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. /y Place Notary Seal.Above Signature of Notary PW X - OPTIONAL Though the information below is riot required by law,if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fern to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑Individual r t Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑Limited CJ General ❑Partner—O Limited ❑General 3,. r Attorney in Fact - .- ❑Attorney in Fact I mail - 0 Trustee Top of thumb here O Trustee Tap of thumb here Guardian or Conservator 0 Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing. Signer Is Representing: 02007 Nallonal Notary Aseoaafbn•9350De Soto Ave.,P.O.emr2402•Chatewarth,CA91313-2402•www.Netlo.WNotaryorg Item#59d7 Flmder:Call Tall-Free1-8W-876r6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cm`CODE§1189 State of California County of Orange On k\ 2Gi before me, Veronica Alicia Lepe, Notary Public Da Here Insert Name and Title of the Officer personally appeared Jennifer Hotrum Name(s)of Signer(s) e who proved to me on the basis of satisfactory evidence to be the person whose nam is/W subscribed to the within instrument and acknowledged to me that s'tehe/t+ile"y executed the same in VERONICA ALICIA LEPE /her/tom authorized capacity(i , and that by Commission# 1914012 er/ r signature on the instrument the Notary Public-California or the entity upon behalf of which the Orange County person! VV Comm.E fires Abv 21.2014 person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. F q Signature: Place Notary Seal Above Signature o ary Pu 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 Doc�meV,,nrt� Title or Type of Document: Document Date: 2G i Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer —Title(s): ❑Corporate Officer —Title(s): ❑ Individual ❑Individual ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner —❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: -0 2010 National Notary Association-NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 n �� . City ®f Huntington Beach 2000 Main Street • Huntington Beach; CA 92648 m ® OFFICE OF THE CITY CLERIC JOA►N L. FLYNN CITY CLERK March 21, 2011 Weeger Bros., Inca 2124 Main St., Ste 146 Huntington Beach, CA 92648-6443 RE: CC-1346—Edison Community Complex & Youth Sports Complex, Ph. 1 Enclosed please find your original bid bond for CC-1346. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Citi(yifdW*JiWe)dAtprett ri ,�jiL%6kj.qoC,ew Zealand (Telephone:714-536-5227) i% WEEGER BROS., INC. 2124 MAIN STREET, SUITE 146 1 HUNTINGTON BEACH, CA 92648-6443 SEALED BID for EDISON COMMUNITY COMPLEX YOUTH SPORTS COMPLEX PH. 1 CC NO. 1346 CITY OF HUNTINGTON BEACH CITY. CLERK. a , SECTION C PROPOSAL for the EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1 CC No. 1346 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 i 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 t the guaranty accompanying this proposal. 4 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. 4 ('_1 i i i 1 ! If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option,be considered null and void. SCHEDULE OF PRICES - BASE BID Item No. JDe rt scpt on Estimated Unit Extended Amount:J^ t F < - 1 Construct Edison Park, /^ 1 Phase 1, CC1346 1 LS $ � TOTAL AMOUNT OF BASE BID: $ � IN WORDS: v i4 �CGf� a�DOLLARS AND '�✓�ln� CENTS 14 ',-Bid Bond Accompanying this proposal of bid, find in the amount of$ which said amount is not less than 10%of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check",or "Bidder's Bond",as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received idder's i alure 1 01/03/2011 l S i G2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number Demo & 01. (h 1A i�, 02. Concrete R 5 V��d f All, 03. Asphalt 401•r Rarer Paying 04. MasonryGi G►'/�'t��S �`1 g�^t7 1 ` 05. Site ( PILA A"�' 06. Electr. r � Chain Ii 07. Fence Landsca e 08. tL(,C2 Sri v�.tlSr►�� _3� 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. E C-3 i F. NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Mark T. Weeger , being first duly sworn, deposes and says that he or she is President-, of Weeger-Bras ' Ins 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. Mark T. Weeger Name of Bidder Si ature of Bidder 2124 Main Street, Suite 146 Huntington Beach, CA 92648 Address of Bidder Subscribed and sworn to before me this day of , 201_ NOTARY PUBLIC NOTARY SEAL C-4 State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 11th day of January 20 11 , by Mark T. Weeger proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. DAWN RODACOMOISMO ._ aoRun�c-cnt ► o v, CPAMOMM a. RICO=80"MMrt7, M (Seal) ®�� ureGl '�nC�� 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 EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1, (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 " E 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. Weeger Bros. , Inc. Contractor President Title t Date: 01/11/2011 is C-5 s DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from.bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? 0 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. Weeger Bros. , Inc. Contractor Y President Title Date: O1/11J2011 f l 3 3 I I i I C-/ 1 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 or 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 j i BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: I 3 Weeger Bros. , Inc. Bidder Name 2124 Main Street Suite 146 Business Address i Huntington Beach, CA 92648 City, State Zip ( 714 ) 536-3854 Telephone Number 417715 Class A, B, C5, C8, C12 State Contractor's License No. and Class 02/03/1982 Original Date Issued 02/29/2012 Expiration Date i The work site was inspected by Mark T 4eeger of our office on Jan. 10 , 2011 . The following are persons, firms, and corporations having a principal interest in this proposal: n/a F i j i 1 C-9 I The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Weeger Bros. , Inc. Company Name Signa ure of Bidder Mark T. Weeger Printed or Typed Signature Subscribed and sworn to before me this_day of , 201 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which . the bidder has performed similar work within the past two years: l ,-,See Attached Project History' 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 State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 11 th day of January 2011 , by Mark T. Weeger proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. o_ c v' ayORAMWOOUNIY oa�on6esMkat7.Z01a a i� (Seal) Signature WEEGER BROS., INC. ]PROJECT HISTORY CURRENT AND COMPLETED PROJECTS OC Fair& Event Center Admin. Building/ Completion 09/13/09, NOC recorded 9/23109 Owner: California Construction Authority Contact: Jess Cummings 1776 Tribute Road, Suite 220 916/263-6100 Sacramento, CA 95816 916/263-6116, Fax Architect: ATI Architects & Engineers Contact: Bill Bigatti 3050 Pullman Street 714/338-1600 Costa Mesa, CA 92626 714/549-5978, Fax Original Contract Value: $2,498,350.00 C.O.: 62 Percent of Contract: 11% ]Final Contract Value: $2,769,846.62 )(Description: New single story wood frame Administration building 15,000 sq. ft. Work includes but is not limited to: demo, earthwork, asphalt concrete paving, site utilities, tube steel fences, concrete forms, rebar, cast-in-place concrete, vapor barrier/retarder, unit masonry, stone masonry, structural steel, metal deck, ornamental metal, metal finishes, rough carpentry, finish carpentry, membrane waterproofing, stone sealer, insulation, composite metal panel system, built-up roofing, sheet metal, hollow metal, wood doors, aluminum windows & door frames, finish hardware, glass & glazing, storefront entrances, plaster & gypsum board, tile, acoustic ceiling, resilient flooring, paint, toilet partition and accessories, plumbing, HVAC, electrical, telephone systems, and fire alarm. Aliso & Linda Vista Elem. Multi-Use Building/Complete 10/24/07, NOC recorded 12/14/07 Owner: Saddleback Valley Unified School District Contact: Stephen L. McMahon 25631 Peter A. Hartman Way 949/590-3312 Mission Viejo, CA 92691 949/581-2813, Fax Architect: LPA, Inc. Contact: Andrea Blasko 5161 California Ave., Suite 100 (949) 261-1001 Irvine, CA 92617 (949) 260-1190, Fax Original Contract Value: $2,602,800.00 C.O.: 5 Percent of Contract: 5.2% )Final Contract Value: $2,740,805.63 )[Description: Construction of new 1 story above grade 3 classroom multi-use building at each school consisting on some demolition,wood framed, landscape planting,minor site improvements, asphalt paving, signage, cast-in-place concrete, structural steel, casework, built-up roofing, sheet metal, metal doors &hardware, glass &glazing, lath/plaster/gyp board, ceramic tile, acoustic tile ceilings, carpet, tackable wall panels &markerboards,HVAC,building and site plumbing,and electrical. 7,680 square feet total square footage. WEEDER BROS., INC. PROJECT HISTORY CURRENT AND COMPLETED PROJECTS Corona del Mar State Beach Improvements /NOC on 2/27/07, Recorded 3/6/07 Owner: City of Newport Beach Contact: Lloyd Dalton, PE P.O. Box 1768 (949) 644-3328 Newport Beach, CA 92658 (949)644-3308,Fax Architect: Jorgensen Architects Contact: Jason Briscoe 2800 Lafayette (949) 566-0080 Newport Beach, CA 92663 (949) 566-0082,Fax Original Contract Value: $3,945,000.00 C.O.: 8 Percent of Contract: 0% Final Contract Value: $3,944,858.48 Description: Demolishing, removing and disposing of existing buildings and site improvements; constructing one 2338 s.f. masonry lifeguard building, two 1245 s.f. masonry restroom buildings, and 155 s.f. masonry parking booth, parking lot and site improvements; installing irrigation and landscape improvements;reconstructing Inspiration Point Beach Access Trail; concrete; artistic concrete; structural steel & metal fabrications; pipe railings; casework; thermo plastic waterproofing; deck coatings, insulation; coal tar pitch roof, copper roofing; sheet metal flashing; steel doors; overhead doors; alum. entrances & storefronts; skylights; hardware; glazing; gyp brd;tile, acoustic ceilings;resilient base; grafitti coatings;painting; parking control equipment; plumbing; HVAC; and electrical. 170 working days. Corey & Gilbert Elementary School Administrative Building/Work completed Dec. 2005 Owner: Buena Park School District Contact: Greg Magnuson 6885 Orangethorpe Avenue (714) 522-8412 Buena Park, CA 90620 (714)994-1506, Fax Architect: Harley Ellis Devereaux Contact: Robert Parme 601 S. Figueroa Street, Suite 500 213/542-4500 Los Angeles, CA 90017 213/542-4515,Fax Original Contract Value: $2,045,500.00 C.O.: 6 Percent of Contract: 3.9% Final Contract Value: $2,125,389.33 Description: Each elementary school will have demolishing of most of the existing administration structure at the site; construction of new administration facility and minor renovations to the remaining portions of the existing structures that are not demolished. New construction at each elementary school consists of a single story wood framed buildings with sloped built-up roofs. The facilities are comprised of offices,teacher's lounge, nurse's office, reception, and toilet facilities. WEEGER BROS., INC. PROJECT HISTORY CURRENT AND COMPLETED PROJECTS South Beach Phase 11 /Notice of Completion 4/26/05, Recorded 07/13/05 Owner: City of Huntington Beach Contact: Eric Charlonne 2000 Main Street/P.O. Box 190 (714) 536-5431 Huntington Beach, CA 92648 (714) 347-1573,Fax Architect: Purkiss Rose—R.S.I. Contact: Oscar Johnson 801 N. Harbor Blvd. (714) 871-3638 Fullerton, CA 92632 (714) 871-1188,Fax Constr. Mgr.: Concept Marine Associates, Inc. Contact: Mike Helma 6700 East PCH, Suite 201 (562) 594-6974 Long Beach, CA 90803 (562) 594-6975, Fax Original Contract Value: $ 9,790,500.00 C.O.: 23 Percent of Contract: 10% Final Contract Value: $10,769,498.40 Description: Consists of the demolition/removal of the Lifeguard Headquarters Building two(2) existing restroom buildings, one (1) concession building, concrete and asphalt paving, removal of lighting and landscape(Approx. 22,000 sq. ft.). A temporary pedestrian/bike path constructed as part of this work. New construction consists of grading and drainage facilities,three (3)new restroom buildings, new plaza areas, a new Lifeguard Headquarters Building, a new Educational Center(home of the Junior Lifeguards), new concrete paving, new asphalt parking areas, walls, planter walls,retaining walls, signage, new lighting systems for parking and security lighting, electrical systems, site amenities, landscape and irrigation, and temporary lifeguard and junior lifeguard facilities. Bolsa Chica State Beach Redevelopment/Notice of Completion 3/31/03, Recorded 04/30/03 Owner: California State Parks/O.C. District Contact: Donna Renner 3030 Avenida del Presidente (949)366-8529 San Clemente, CA 92672 (949)494-8412, Fax Architect: RNP, Inc. Contact: Bill Karrasch 363 51h Avenue, Suite 202 (619)233-1023 San Diego, CA 92101 (619)233-0016, Fax Constr. Mgr.: Kleinfelder Contact: Wally Bond 16 Technology Dr., Suite 150 (949) 727-4466 Irvine, CA 92718 (949) 727-9242, Fax Original Contract Value: $12,233,327.00 C.O.: 12 Percent of Contract: 3.8% Final Contract Value: $12,698,407.00 Description: Complete demolition of 12 restroom/dressing rooms, 5 concession buildings, 1 lifeguard headquarters, 1 fenced maintenance yard, 2 contact stations, all sand walls and all overhead light standards. Reconstruction includes 11 restrooms,a new combination restroom/shower building,4 concession buildings, 1 park headquarters/visitor center, 1 maintenance shop with yard, 1 storage building and 2 contact stations. The existing coastal multi-use trail will be reconfigured and new sand walls and light standards will be installed. The project will replace all existing sewer laterals, water lines and other site utilities. In addition,this project will eliminate unnecessary parking lot islands and resurface parking lots, multi-use trail and access roads. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For EDISON COMMUNITY CENTER CC NO. 1346,PHASE 1 in the CITY OF HUNTINGTON BEACH January 3,2011 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REPLACE STOLEN TURF WITH SOD TURF Revised Plans,Sheets L8,L9,&L10 (See following pages 2,3,&4). Revised Specifications, Sheets E-38 and E-39, Section 308-4.8 Lawn Planting (See following pages 5&6). 2) CLARIFICATION On Sheet L6, only chain link fence "fabric" is to be vinyl coated. All other parts are not vinyl coated,but painted to match. This is to acknowledge receipt and review of Addendum Number one,dated January 3,2011. Weeger Bros. , Inc. Company Name y Mark T. Weeg �Ident� 01/11/2011 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please email Todd Broussard at tbroussard@surfcity-hb.org GAConstruction Contracts(CCs)\CC1346 Edison Park Reconfiguration,Ph. 1\Engineering\Bid Docs\Addendum\ADDENDUM 1 - CC 1346.doc The Guarantee Company of North America USA 25800 Northwestern Highway, Suite 720, Southfield, MI 48075 BID BOND BOND NO. n/a KNOW ALL MEN BY THESE PRESENTS, That we, Weeger Bros., Inc. as Principal, and The Guarantee Company of North America USA, a corporation duly organized under the laws of the State of Michigan, as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of Ten percent of amount bid ($ 10% ) Dollars for the payment of which Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally. WHEREAS, Principal has submitted a bid for Edison Community Complex and Youth Sports Complex,Phase I Project No.: CC No. 1346 the Project. NOW, THEREFORE, if the Obligee accepts the bid of the Principal and the Principal enters into a Contract with the Obligee for the Project; or, if the Principal pays the Obligee the amount of this Bond or the difference between Principal's bid and the next lowest bid for the Project, whichever is less: this obligation is null and void, otherwise to remain in full force and effect. Signed and sealed this . 28th day of December , 2010 Weeger Bros., Inc. BY: (Witness) Principal Mark T. Weeger ITS: President The Guarantee Co pany of North America USA BY: w r Attorney-In-Fact THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint William Syrkin,Sergio D. Bechara,Rebecca Ann Haas-Bates,Patricia Ann Bauer, Richard Leroy Adair Millennium Corporate Solutions, Inc. its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 315t day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attorney(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner— Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 315t day of December 2003,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and. such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 29th day GJ4� of April,2010. Y� THE GUARANTEE COMPANY OF NORTH AMERICA USA NN AM Y STATE OF MICHIGAN Stephen C.Ruschak,Vice President Randall Musselman,Secretary County of Oakland On this 29th day of April,2010 before me came the individuals who executed the preceding instrument, to me personally known,and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland <° My Commission Expires February 27,2012 Acting in Oakland County 1,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 28th day of December 2010 GJP�pNTEE % (\\`V/j JgQ Randall Musselman,Secretary y�Rly AM��Gp CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 12/28/2010 before me, A.Wilkison,Notary Public , Date Here insert Name and Title of the Officer personally appeared William Syrkin Nam(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/me subscribed to the within instrument and acknowledged to me that he executed the same in his)'1490h&authorized capacity ' ), and that by hislhefAheif signature(}on the instrument the person(ft or the entity upon behalf of which the person(° acted, executed the instrument. A.wILKISON I certify under PENALTY OF PERJURY under the laws _ commission# 1866283 z of the State of California that the foregoing paragraph is =:e Notary Public-California z ' Orange County p true and correct. My Comm.Expires Sep 26,2013 WITNESS my hand and official seal. Signature�cL? c/Gc Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 12/28/2010 Number of Pages: One (1) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin Signer's Name: ❑ Individual ❑ Individual Corporate Officer—Title(s): C Corporate Officer-Title(s): Partner—❑ Limited ❑General _ ❑ Partner—O Limited C= General El Attorney in Fact '-'Attorney in Fact «" u Trustee Top of thumb here ❑Trustee Top of thumb here Guardian or Conservator L Guardian or Conservator Other: 0 Other: Signer is Representing: Signer Is Representing: The Guarantee Company of North America USA 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.NationaiNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 City of Huntington Beach 2000 Main Street . Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 21, 2011 Western Group, Inc. 21777 Ventura Blvd., Ste. 224 Woodland Hills, CA 91364 RE: CC-1346— Edison Community Complex & Youth Sports Complex, Ph. 1 Enclosed please find your original bid bond for CC-1346. Sincerely, Joan L. Flynn, CMC City Clerk J F:pe Enclosure Sister Citigii, icAWt/Pet�;1Wnli6 .g,,,New Zealand (Telephone:714-536-5227) ON Xa"" effi-MY" M ""Mm 2W—, A- n't Sealed Bid lor Edison Community Complex and Youth Sports Complex Phase I 2000 Main Street illfuntington.Beachg CA 92648 01. g wglgg'�8�"g pl' -1 " ea 091121111 all w D11M, SECTION C PROPOSAL for the EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE I CC No. 1346 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 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY`S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. SCHEDULE OF PRICES - BASE BID )1$eiaa lVo 7Descriptibn Esttmated I7n�t Extended:won > QaU I Construct Edison Park, I Phase 1, CC1346 1 LS $ TOTAL AMOUNT OF BASE BID: $ IN WORDS: lA,4r-el G ei i 1 ,tc,u,k DOLLARS AND CENTS Accompanying this proposal of bid, find . I Q '9n 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 Seated 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 Bi erIs Signature C-2 �r City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax(714) 374-1573 ADDENDUM NUMBER ONE For EDISON COMMUNITY CENTER CC NO. 1346,PHASE 1 in the CITY OF HUNTINGTON BEACH January 3,2011 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REPLACE STOLEN TURF WITH SOD TURF Revised Plans,Sheets L8,L9,& LIO(See following pages 2,3,&4). Revised Specifications, Sheets E-38 and E-39, Section 308-4.8 Lawn Planting (See following pages 5&6). 2) CLARIFICATION On Sheet L6, only chain link fence "fabric" is to be vinyl coated. All other parts are not vinyl coated,but painted to match. This is to acknowledge receipt and review of Addendum Number one,dated January 3,2011. 5 I w 0,icon 1 rlc . Company Name y Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please email Todd Broussard at tbroussard(t.i�suricity-hb.org G:AConstrnction Contracts(CCs)ACC 1346 Edison Park Reconfiguration,Ph. I\Engineering\Bid Docs\.Addendwn\ADDENDUNI I - CC 1346.doe LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License' Class of Work Number f E ACV( G Rj v-e/�t C.A 35ZaoZe Q�-O��'717L By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of-9TaRge-L_p:5 AcN, y1e-S V I "yf -t V , being first, duly sworn, deposes and says that he-o - e4sg VUUISS'Aaw'A of �N ryj G)C()t)Q, Tim 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. \&IP�Yyn Cmw Anc . Name of Bidder A)/1 ignature f Bidder 1-7- -1 Ven- Y'cn "E7 S�� 22�. �QmMa A �k6k<31 y Address of Bidder Subscribed and sworn to before me this� day of• v , 20I0 . NOTARY PUBLICS NOTARY SEAL C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California J�VIMV ss. County of On )(1i+ y94KYA before me, �:vvo� ��' .�BYAi"i Date - ` Namei and Title of Officer(e.g.,"Jane Doe,Notary Puck") ") personally appeared V/ Names)or Signers) - Jpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(ky, whose name(z) ism subscribed to th6 within instrument and KATTY MOLINA acknowledged to me that he/sey executed Commission# 1884472 the same in his/tLezA►&k authorized a•"� Notary Public -call tornia capacity(4es), and that by his/14a4tlaeir Los Angeles County signature.(,)-on the instrument the persora(s), or M Comm.Ex Tres Mar 28,2014 the entity upon behalf of which the persoD*) acted, executed the instrument. WITNESS&� dndgal seal Signature f Nbtary Pu is 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: �( If_ Document Date: Number of Pages: r_— Signer(s) Other Than Named Above: Capacity(ies) Claimed b\y`Signer Signer's Name: y J ❑ Individual Top of thumb here .Corporate Officer—Title(s): L 0-f NQ ; Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �d ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-676-6827 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 EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1, (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 6L Title Date: f [ 1 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes VNo 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 Iiability 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. Contractor By Title Date: I C C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Sectiorr4216�4217 of the Government Code requires a Dig Alert Identification Number be issued .before a Permit to '-xcavate will be valid. To obt4iri,a Dig,Alert-Identification Number, call Underground Service Alert at 811 or 1-800- 422-4133 a minirriuirl of two working days before scheduled excavation. Dig Alert ldendfication Number: Contractor z' By V I Title Date: t 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: wtskv-0 Q ro u ���C Bidder.Name QVITI Business Address IID,M.I4lO.]i ..iJ+s ', y, t State Zip VT Ail yt4D€!St 6k tiCl;22.sr: }t�'� �"�.rfi�i:•�.'� . &t )bid wi}O tielephone Number State Contractor's License No, and Class 13 Original Date Issued 7-a � 1 Expiration Date The work site was inspected by a 11 of our office onT(Avivar4 , 20IL. The following are persons, firms, and corporations having a principal interest in this proposal: M6�- eyv4- Z 22q P�uP,��G�.�P V1 a YOt S H y DP,� 5►� C,A- �I � is � C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. VCs rin G ro'oo, 10C Company Name v-e(f- Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this day of_ ►: ✓ , 201 I- - lwouNu Commission#1864472 Notary Public-Calif2orr�niiap ���s1aA�ngeD Angeles Cow�14P� 1 M Comm.Expires Mar 14 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. P V.Ase seP nc'l 'e-A 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 Western Group Inc. General Engineering * General Construction * Electrical * License # 802113 21777 Ventura Blvd., Suite 224 Woodland Mills, CA 91364 Tel: (818) 884-5105 Fax: (818) 884-4620 Email: COMPLETED PROJECT REFERENCES: Project Name/Identification: Santa Barbara Historic Court House a. Project Owner: County Of Santa Barbara b. Project Description/type of work: Seismic Upgrade in the Historic Court House in Santa Barbara The contract was for 8 months and was completed in only 3 months c. Project Address/Location: 1100 Anacapa St., Santa Barbara, CA 93101 d. Initial Contract Value: $ 497,000.00 e. Final Contract Value: $ 573,803.85 f Contact for verification: Jill Van Wie (805)568-3070 g. Completion Date: August 2010 Project Name/Identification: Harvard Park Pool and Bathhouse a. Project Owner: City of Los Angeles b. Project Description/type of work: Phase II Modernization consisting of grading, new pool, fence, landscape,hardscape, new activity pool with slide,new building with equipment room, dressing rooms,toilets, fences and basket ball court and Offices ECT... C. Project Address/Location: 6120 Denker Ave., Los Angeles Ca d. Initial Contract Value: $ 5,650,000.00 e. Final Contract Value: $ 6,663,000.00 f. Contact for verification: Hoi. V Luc (213)978-1913 - EJike Mbaruguru (213)473-9790 g. Completion Date: January 2009 Project Name/Identification: Lanark Pool Replacement and Bathhouse Reno. a. Project Owner: City of Los Angeles Dept. of Parks and Rees. b. Project Description/type of work: Pool Replacement and Renovation of Bathhouse consisting of demo, grading,new pool, fences, landscape, hardscape, A.D.A. upgrade for dressing rooms and toilets C. Project Address/Location: 21827 Strathern Street, Canoga Park, CA d. Initial Contract Value: $2,750.000.00 C. Final Contract Value: $3,200,000.00 f. Contact for verification: Fred Davis (213) 485-4365 —Juan Izaguirre (213)978-1915 g. Completion Date: May 2007 Project in Progress: AEGIS SECURITY INSURANCE COMPANY BOND NO.: WESGR-643 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, WESTERN GROUP INC., (hereinafter called the Principal), and AEGIS SECURITY INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of PENNSYLVANIA, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, (hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars (10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid-fear, EDISON COMMUNITY COMPLEX AND YOUTH SPORTS COMPLEX PHASE 1 JOB/BID NO. CC NO. 1346, in accordance with the plans and specifications filed in the, office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 6T" day of JANUARY, 2011. WESTERN GROUP INC. Princi a1 BY: AW AEGIS SECURITY INSURANCE COMPANY _ Surety ZN,4 BY: RAND SPOHN Att rney-in-Fact Power Certificate No. CA 106 AEGIS SECURITY INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT AEGIS SECURITY INSURANCE COMPANY does hereby make,constitute and appoint: RANDY SPOHN AND MATTHEW R.DOBYNS its true and lawful Attorney-in-Fact,to make,execute and deliver on its behalf surety bonds,undertaking and other instruments of similar nature as follows:$2.5 MILLION This Power of Attorney is granted and sealed under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 4th day of February 1993. "Resolved,That the President,any Vice President,the Secretary and any Assistant Secretary appointed for that purpose by the officer in charge of surety operations shall each have authority to appoint individuals as Attorney-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 Cn the course of its business. On any instrument making or evidencing such an appointment,the signatures may be affixed by facsimile. On -o any instrument conferring such authority or on any bond or undertaking of the Company,the seal or facsimile thereof may by imposed or O fixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or M undertaking." X z C "Resolved,That the signature of each of the following officers;President,Vice President,any Assistant.Vice President,any Secretary or r- Assistant Secretary and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any Certificate relating thereto, z appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for the purpose only of executing and attesting bonds and undertaking and other writings upon the Company and any such power required and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or undertaking to_which it is attacbed.0 0 IN WITNESS WHEREOF,AEGIS SECURITY INSURANCE COMPANY has caused its official seal to be hereunto affixed,and these C presents to be signed by its President this 14th day of October,2010. K Go AEGIS SECURITY INSURANCE COMPANY d�kSUq z BY: ,@q �9 O DARLEEN J.FRITZ c► z President a 1977 ® m ,9►�' nvt e p Commonwealth of Pennsylvania } s.s.:Harrisburg County of Dauphin } On this 14th day of October,2010,before me personally came Darleen J.Fritz to me known,who being by me duly sworn,did depose and say that she is President of AEGIS SECURITY INSURANCE COMPANY,the corporation described herein and which executed the above instrument;that she knows the seal of the said corporation,that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that she signed her name thereto by like order. A dd® 19 REBECCA LIDDICK �Q9YLr�� Notary Public pARy p My Commission Expires July 25,2013 I,the undersigned,Assistant Secretary of AEGIS SECURITY INSURANCE COMPANY,a Pennsylvania corporation,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked:and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force. Signed and sealed at the City of Harrisburg,in the Commonwealth of Pennsylvania,dated this 6th day of .January, 2011. e\�y%Ns u,�. + DEBORAH A.GOOD 0 1�77 0 cs�°F'�+snvnMA 8� Secretary a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On January 6, 2011 before me,_ERIKA.GUIDO, NOTARY.PUBLIC, personally appeared RANDY SPOHN , ® who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/tom executed the same in his/bier/#feir authorized capacity ties-), and that by his/her/tlieir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of ERIKA GUIDOO California that the foregoing paragraph is true and-correct. COMM.#1843731 f � NOTARY PWW �E " N WITNESS my hand and official seal. ORANGCOUWfY My comm.expires May 5,2013 < Signature of N . ry Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)