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TA Pointer Enterprises, Inc. - 2011-06-06
RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH Lim INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer � 7/-/V /FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved 1��/�,-7 Agenda Item No. (Council Appro-v--al Date) City Clerk Vault No. � #27 g1followup/bondlefter.doc RECEIVED BY:/ CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signingVdating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE: �t�/ ��% f� SUBJECT: Bond Acceptance rr I have received the bonds for (company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. 6�6391-0, Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved Agenda Item No. (Cotincil Approval Date) City Clerk Vault No. � #27 gAollowup/bondletterdoc City of Huntington Beach LjINTER-DEPARTMENT COIVIIVIMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: David Verone, Contract Administrator DATE: 10/10/11 SUBJECT: Retention Release Payment Company Name: Pointer Enterprises Address: 9121 Atlanta Ave.#410 City, State and Zip Code: Huntington Beach Ca 92646 Phone Number: (714) 842-6317 Business License Number:A222950 Local Address: Same Notice of Completion Date:9/28/11 Contract Purpose: Water Well#2 Landscaping —13 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this time. Date Travis K. Holpkins, Public Works Director I certify that there are no outstanding invoices on file. I Date Joyce ZaCks, Depo 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. 0 (3 / �— ate _7 Joan Flynn, Ci lerk Retention—Release—Payment rev 2-9-11.doc 10/10/2011 2:25:00 PM f l I Certification of Compinance with Prevailing Wage haws I F i F 1 i To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O.Box 190 I Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: j 8 i .9 Project: ��� 2Y2 �;n 1-3 I F ' E 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 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ������ ii i Executed this day of Se E ,20k,at tt to cat,California. 1 (Type Contracto N me) # C - C y� ' Name. [T a Nam ;rued' s Title: [Type Title] Y A 7 0, CTPY ArM Y rT1S 03.3b Cap ; i F 1( f t 1 i 247547-1 i S i i i CONTRACTOR'S CERTIFICATE I, Pg,r "ie-r' ,state and certify that: (Name ofDeclarant) LL e�RO'S&S is the general contractor to the City of I Huntington Beach ( City') on Contract No. 1 (the "Contract") for the construction of the public work of improvement entitled: i lci- er Well frnP� ©� �"nc1ef�V�epl± �i►�1o,�cx�e �". (the"Project"). j 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). I r y. 3. Except for the claims listed.below and the disputed claims listed in paragraph five(5), all L 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 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 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executedat•-lt't�lr--} ,�io� c�. �onthis G� da of �e� 20 . . T 2 _ 7�i atur f Dec t) APPROVED AS TO FORM By: r s�1-7/a -11J 3. 2o fl(� Nance: (Type Name] Title: (Type Title] 1 245914.1 Certification of Compliance with Title VII of the Civil Rights Act j and Equal Employment Opportunity Act of 1972 i 4 l 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: ?) g Project: a e wedl 2 Lco ✓� f i The undersigned contractor an 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 i Executive Order 11246, and has not discriminated against any employee or applicant for f employment because of race, creed, color, sex, national origin, age or disability. The I undersigned contractor also certifies that it has not maintained any segregated facilities at its ? establisbmennts on the basis of race, creed, color, sex, national origin, age or disability(with the exception of access for the disabled). 1 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. �. ' Executed this 26 day of!,2 k6eY ,20 at A-u &p ,California. -p L Y1 r �C �- (T�pe Contra or ame) j C$y`� R)�ate 1 Naive: e N e] M Title: [Type Ti*] A $-• n �, ✓�5 i��r1t' � 1 i RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) H CITY OF HUN 1 INGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE: 113 Ao/� SUBJECT: Bond Acceptance I have received the bonds for (company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. � Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved Agenda Item No. (Cou cil Ap royal Date) //��rr�� �--�1 City Clerk Vault No. UC�c-i- 3 C� #27 gAollowup/bond letter.doc BOND NO.20-SUR-212100 MAINTENANCE BOND KNOW ALL MIEN BY THESE PRESENTS: That T A POINTER ENTERPRISES,INC.DBA POINTER ENTERPRISES (contractors name] 9121 ATLANTA AVENUE#410,HUNTINGTON BEACH,CA 92646 [contractor's street address,city and state and sip code] as Principal(hereinafter called Contractor),and 4! Aly1ERICAIVVSAFETY CASUALTYJNSURANCE COMPANY - isuretys name] 23901 CALABASAS BOULEVARD,SUITE 1085,CALABASAS CA 91302 isuretys street address,dty and state and zip code] a corporation organized and existing under the laws of the State of GEORGIA wid i its principal office in the City of CALABASAS as Surety (hereinafter called Surety), are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee(hereinafter called Owner),in the amount of ONE HUNDRED THIRTY ONE THOUSAND FIVE HUNDRED THIRTY AND 00/100 Dollars ($ 131,530.00 } for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents, WHEREAS, Contractor has by written agreement dated entered into a contract With Owner for the WATER WELL#2 LANDSCAPING CC-1398 in accordance with drawings and specifications prepared by which contract is by reference made a part hereof(hereinafter referred to as the Contract);and WHEREAS,the Contract provides that the principal will guarantee,for a period of one year, the work performed as part of the Contract from and against all defects in materials and workmanship;and WHEREAS,the Contract also provides that the Contractor shall secure Contractor's obligations during the one- year period with a bond executed by a surety duly admitted in the state of Cal]fomia;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 SEPTEMBER 28 ,2t] I 1 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 10IRSes 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 time Work in accordance with the requirements of the Contract with a contractor other than the Principal,at its own expense,and make available ) 1045671SO583 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 prrtcedure 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 dontract 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 defaulf(s) of the Principal promptly, or (b) arrange for performance of the Contract promptly by a contractor other than the Principal,time being of essence to this Bond. In said Notice of Election,the Surety shall state the date of commencement of its cure or remedy of the Principal's default(s)or its performance of the Contract. The Surety's obligations for cure or remedy,include but are not limited to: correction of defective worts 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 defaults) of its performance of the Work within thirty(30)days after receipt of a written notice from Owner,Surety shall be deemed to be in default on this bond,and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the successors of Owner. Signed and sealed this 28 day of SEPTEMBER 20 11 Principal Raised Corporate Seal T A POIN ER E. TERPRISES,INC.DBA POINTER ENTERPRISES (MUST BE AFFIXED] (Contractor blame) 8y: (Seal) Principal Raised Ccrporate Seal [MUSTBEAFFIXED] � n (Title) AMERICAN S ASUALTY S RANCE COMPANY f 1 (� ty Na e} 13y. (Seal) YUNG LUCK,A RNEY-IN-FACT MOTES 1. AdcnoMedgrnents must be completed and returned as part of the bond.we ZcSrj �() d2. RaisedCorporate Seas are mandatory. 3. Please attach Por of Attorney. RA�C ty AUOEW 2 10.2%7150583 ACKNOWLEDGMENT State of California County of Orange } On September 28, 2011 before me, Nathan Robert Varnold,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(16)whose name(s) is/ice t subscribed to the within instrument and acknowledged to me that he4sjjt#bft executed the same in hishbeM&authorized capacity(*, and that by his/fmmAbLak signatures)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. 1sEp1OP NATHAN ROBERT VARNOLD N COMM. # 1944583 X WITNESS my hand and official seal. NOTARY PUBLIC-CALIFORNIA " ORANGE COUNTY N MY COtf"Y1.EXR DULY 17,?015 Signature I (Seal) NUMBRIt 20-SLTR-212100 Ay 3R -POWER OF ATTORNEY HAU -== -- -_ = =- - = =-=-==  =  =i- + �AMA" TIS ate ric_an e#y C ItYJ+ r t o ny��mode,e_ tke Yung-T, Mulfick ! i[iid li ful 9rn€Y in�d fiNt and its n ,p i etgedl4-ffixee++te 1 beha>o the"d Company $surety,bonds,undpttald-f 8064 ALRAS - IMMui@d that n bPnd or t t?rt@Idnp or ggn set r#auretvph+Lo pxpt3utari wd*r tF autl>K►rifv€hell geed!n arrrourn the of Q e HP,dr ghi,€tY Qn�ghQusar#d�£fvc un&@d� I1o11jjs($131,330.Af1) f'4rto f tho�ertt t+tly tat>? 'do n ,tte r gf Aft bs_y itt�lrantad ung>s y _ I'y the epth y of f�ipwl t of of_n Fled 1, utkul acita� face+nule t�@ran he�uerd, p. y t RENSMYRD,that%@ preWent In junoW w M ft 6wre-tery Of any M $me"in"appoint aftomemn=feat or a@ente with euthodty'ae definpd'gF_�mltl+d 4n t«tg�! m�t;gsr�ign��4hg��►g+ntrtt�t gip_ for end prt bgh�if of��Co+°lpgnY.#o v4tt@ an+d_dahYur=artd gftthg € 4 h1 ±rol»p ny ft► t ,aed t r end t tlr hip of i�tf klnde, 1 1Old of may remove bnY t+ h At ►na U► _-feat�[a@�and[�1mhe pny_p€�nrsr �ttprrrfpY pr�vtos_�IY,�F�flfetl trt a pert+ _ `= _ RKMVIP FURTMR,that any tom,under,rt. nk e,or oukAyehlp 0-01g4on shall be valid and binding upon tits company when. (i)whpn.tlignprt by the Rrt?s4dent or,ern+�l+iRreaident'and aftear anti sealed llf a seal renuirsd}by any;: esry ant ret+try o[,(II} 4vhefl matt py thtz Fro Iataf crjp"y flc 'I Id4hk earete[v to Ae r Secretary,and 9urowhom,g led and eealet4 jif a seal,j�rei ir>�xI} a duly en u Mir the if llts Mlle arty t?rviderie y the,Bt of attrmOY wwo t y the t crnpms ry tc person,or 'm.fac pr age[ ',pt nt t9 R +f Y€ 1f ,fhb fha n urs _pny apthen� 9t er and Me€ -of the pmpany may_bo eFflxe-d by f mUt lA l r�taw r=r ge If tul ttrpr of apthbrr i s a#a +t±e�end elivsr pf an b cor other re atntpQrnnpy y Wnd �n ld_ng, e � i Ir end t�lell�g► urd-and spQ1`vuheri> _+ sFi�li gave the ti:im�►once e�e�e$_fhQugh'rnanuaty aRixsd, - _ _ _ IN l�9l�4VISS fRfif�RE�p,Atnna[erysaalty insi+rangg company hog gain Rs o"tW to be her afllxed,and these pregelits to be e+gned�r.lte l?[�ldar#and at�ted bt+it§�€grata�r the�'tlay of�luga+et,: ,, JM t +4 4�e KN R1t + el§+ f j § tttca - 0 v�lorr_OF WORM VUL - �n t���s aiu�►�t ��f�m>�►tht h>�_r�-� '+@14���f�nt<�n ,�a��ing t1y�_e dt>� n>��cbd� e�nti�a tt�t — _ �!@ t+e >e7en�nt �rtf�ty��i►p��r�stlr��s�9JY►pany �rp�►�t�+n��yrlt�tl��ct M1t the-�hcntg�n�r�+tf 9h � I!rl9Y,►�the§gal of the said�per�+t4Qrl;that the�affu$d�the said ument t� h t<arpgra�tsaai;fhb ie w�t+0� bii curler�the gear of t97! f€aiil ggrp@ratwn snd that he smnet Via+lamp thereto b%f like grdpr -- - _ -_ AM BAILEY LAI Notary euhlig,mall Uil.FA eta a►I oi4s �,. �4slaiQn Dplro§Al9,,3,2Q12 ': t I,p1a and l9n ,t�goretery of Ammon Safety c6ualty ngm-no@ city an 6wellwMa corporatlon,1)6 HERED Y CiR'PIpY,that the foregoing pnd #,@hod r of Attartlay re-molns in fM1 too ate No not Dean reYolted;of i ftlti�ktarrrigre that the Resolution of the Bard of UireQto�s,Icet forth th said Pt:►ve[dFAorr+ey Ia ntritr,in foe npd ands@sled the UitY of Atlerita,4n ttie Mats t�f a is bated th4s2_da of JliY 1 LriB dig 2011 4. y r _YN C 4 i i x{ - An'bu!l,Ia±nME Es ONE UL ' l i ALI<l F lS ROWEfRA`- ®RIB AR IfSIfi MUMTH R ,IUMERI NUM M - UAJORTWIRNI& M T14E GAMW"d CT AS ANVRI =t?NOWHIENUSUED IN E dUi iQI rM t 1�4P1 - CONSENT OF SURETY OWNER _ TO FINAL PAYMENT ARCHITECT _ AIA DOCUMENT G707 CONTRACTOR _ SURETY (Instructions on reverse side) OTHER PROJECT: WATER WELL NO. 2 LANDSCAPING CC-1398 TO: OWNER/CONTRACTOR: (Name and address) CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 CONTRACT FOR: $ 131,530.00 BOND NUMBER: 20-SUR-212100 CONTRACT DATE: / / In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (here insert name and address of Surety) AMERICAN SAFETY CASUALTY INSURANCE COMPANY 21550 OXNARD STREET,SUITE 300 WOODLAND HILLS,CA 91367 SURETY, on bond of (here insert name and address of Contractor) T A POINTER ENTERPRISES, INC. DBA POINTER ENTERPRISES 9121 ATLANTA AVE. HUNTINGTON BEACH,CA 92646 CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) CITY OF HUNTINGTON BEACH 2000 MAIN STREET OWNER, HUNTINGTON BEACH CA 92648 asset forth in the said Surety Company's bond. IN WITNESS WHEREOF,the Surety Company has hereunto set its hand this 3rd day of October, 2011. (Insert in writing the month following by the numeric date and year) AMERICAN SAFETf CASbALTY INSURANCE COMPANY o Sure mpany Attest: Seal Signature of Authorized Repre en e YUNG T. MULLICK,Title: rney-in-fact AIA DOCUMENT G707 CONSENT OF SURETY COMPANY TO FINAL PAYMENT 1994 EDITION ® One Page 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,NW ACKNOWLEDGMENT State of California County of Orange } On October 3,2011 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(l)whose name(is) is/ subscribed to the within instrument and acknowledged to me that heHdmekbW executed the same in hisbbed&ek authorized capacity( , and that by his/imai( t signature(x)on the instrument the person(t), or the entity upon behalf of which the person(i)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. 4��oveye JENNIFER C,MONEY WITNESS my hand and offi I se cm 0 8;, COMM.#1797064 7. o NOTARY PUBi.IC.WFORNIA X ORANGE COUNTY � My Corn.E*es MAY Z 2012 Signature (Seal) Out- - gg jgwe& Om a Sk Mqu� ON MG All o Mp R =FMIG oHaRsal KNOW ALL MEN BY THESE PRESENTS that Am@rmn§@I Gwuafty Invurorm Company him made, con-atluted and appointed,end by thew M jwy -00 Mw n 4k"Owd W**WW"W1`0 Wd46nfW00*fifY-*fidWi contrasts of w ow.Ip to be Owen to J] ALL 05 I. u.I III�lh I II� " 71'a"LI II III ",�111111 1§Lfi� III f ':I IiIIP Ix III III' IIIII'li�l " III II II II'I' II "I"'10 i W_g �001 "'111I� �� rxl!71=24 UII, ........R" y • I. • by, 9,� gym U III II II IIII. III I -p I! IInI - dwlll II LIII �AII ,II I. .,,I :Nn � L.,I�,�'IJI�I ,IIIII. n'::I,I�II...... VI�I I IIIIIIIIII.II����. ILI��IIL. „IIIIIILLJI I,�N.�lu ��Ii:IIII. In. IIII�II IIL^�.II IIII ILI I:: ,::,.LI we,for a on behalf of th Company,t oxmtv and OuWvr and affix the d@#n@d or Hmft@d in Ift in*um@nt evidonging Ih@ appoI h ossoh one,for a goal qfAho Ccr-ponylp bonds,undw-tala d our0phIR"nmin om. Mall and 60 of may ncmoM-#ny s4o Ift 0i N to rintt AM&Wa 4 I a, TO 9 coo H- in" (04W Agn-ii W*00mawk-or any viioRpr in and oQ,*--rQdUr"y*4ny Secretary- or irwiftery or-01) when - n@d the Prooftnt or any VoIlent or 3vor.stary or AvoWnt6wetary..and counter-agned and sealed Qft esal IsreI bye adult' aff A�@-Ow ON 0 Mix 0 WON r(pry VON In A—wu a rA 0 0 W W" fm 60 d w W—f am m--N--90—ft"w"M a t 1-t a 0 ern W z mu w—ma--ft fts -ft W-9M &We 00 A w-c ry AMOWW"Por wa&Ww W__b -- — pugwo _ &omW F =� N N %ma ArM 4--w ULM— EN I I--w 90ftWO ftiffillif thal lh—�— *uyiN"yW9r[0M- Mw and VN% -Y or wftouon th@,F@gf outhm Z @xowfion and O@Ilvofy of any bond,unded@king,recognizance,or other suretyship oblips0ons of the Company, Wt. 'AII �lo �tix,�,I, a,uAVIIIIIIL'l Ilo I'llffill u?. X FAR 110 ,pq d me, I' po"Y' III�AT ,MPne;,l - , ju ff"Fli jp Mfl"101 t"ff 0 by NO wFlopluffICT 6II 90 QwpQ-f ign and "tw aia ;E apok 2OR Aalk- MR& ViD VRAM 44R Mm S Mg MJAMM-.ILfYw —M �W �My otFAR Hall G"W-w io-0--fIx r@ I v I Aug I, �j IVII IINIII II LIIIIL III IIII I,R I My nI C ' 1 119ml 1611- :12 jall� vm a r."of Aft-ft, ai w ORIGINAL3 OF THIB POWER TTORNEY,ARE PRINTED WITH NEC NUMERICAL NUMBERS LAVE TH"AME I" -AQ AN gOM lid Mims lol' I w wwa -spiw�v I...... ...... II ILI w I, I, I 'j..j IL ;�ljj, M 11,�j III'LlI II W I,LI.,jIL,j III, Iii�!IIIIIIO ��Ii" L.I'll W! 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 III111111111111111111111111111111111111111111111111111 NO FEE 2011000480917 04:13pm 09/28/11 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: David Verone 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 T. A Pointer, Inc.who was the company thereon for doing the following work to-wit: WATER WELL#2 LANDSCAPING, CONSTRUCTION CONTRACT-1398 That said work was completed August 24, 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 August 24,2011, per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract American Safety Casualty Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this September 28,2011. irecfor of Pubr Works or City Engineer City of Hunting /n 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 Recoroof Orange C?unty. Dated at Huntington Beach,California,this September 28,2011. J! This document is solely the official business of irector of Public Works or City Engineer �ity 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) --------------- 14 RECEIVEI)43Y,( CITY CLERK RECEIPT COPY Return DUPLICATE to j City Clerk's Office (Nkmd) after signing/dating C, (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari-Freidenr-ieh, City Treasurer FROM: i //Z DATE: SUBJECT: Bond Acceptance I have received the bonds for (company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. 11 Q11K x- MSC No. Approved Agenda Item No. (C6u-nbl Appro'vai Date) City Clerk Vault No. #27 g1followup/bondlefter.doc CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND T. A Pointer Enterprises, Incorporated FOR Water Well #2 Landscaping CC-1398 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 T. A. Pointer Enterprises, Incorporated , 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 Water Well #2 Landscaping CC-1398 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 e/aQrrc/surfnet/cityconst I of 22 5110 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/surfno/cityconst 2 of 22 5/10 I i 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 /agree/surfnet/citvconst 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 perfonnance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum One Hundred Thirty One Thousand, not to exceed Five Hundred Thirty Dollars ($ 131.530.00 ), 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 Thirty ( 30 consecutive Working Days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. ,/agree/surf M/CityCOIIM 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 perfonned 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/aercc/surfnct/cityconst 5 of 22 >/10 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/egrcc/surFncl/cityconyl 6 of 22 5110 i 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 I 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 i 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, JaeIC&SLIrfnct/cityconst 7 of 22 /10 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/agiee/swfnct/cityconst 8 of 22 i/10 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 Ja_eree/suifnct/cityconst 9 of 22 i/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/agrcc/surtnct/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/a;rce/surfnetkityWnst 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 /aLicc/surfnct/cityconst 12 of 22 5/10 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. Jngrce/surfnet/cityconst 13 of 22 5110 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 (agree/surfnet/cityconst 14 of 22 5/10 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/a21cc/suifiict/cityconst 15 of 22 5110 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 frilly 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/surfno/cityconst 16 of 22 5/10 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/agice/surfnet/cityconst 17 of 22 5110 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 I 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 �� I iYI � IeK'�JUC- hy- ATTN: David Verone oo Almott AI Q-# 1D 2000 Main Street Huntington Beach, CA 92648 4) I CA 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, e/agrca/surfnet/cityconSt I8 of 22 /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 1324« 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. ATTORNEYS 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/agiee/swf ctkityconst 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/aerec/surfnct/cityconst 20 of 22 5/I 0 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 ann's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, g/agree/surfm/cayconsl 21 Of 22 5/10 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 C'L�'lC'�G �T� executed by and through their authorized officers on 20 . CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal co n o e State of California. P10I A'lankk nLQQ "1a.--q0.CAq2&-4�7 M or By: ( City Cler print name INITIAT;,ED AND APPROVED: ITS: (circle on hairmaiC,,,.,de�ie President 1. ND irect4r of Public Works By: REVI ND APPROVED: print name ITS: (circle on cretar Chief Financial Officer/Asst. C ` ty Manager Secretary APP OVED AS TO FORM: ,:City Attorney L QI�*rcc/sw'fnct/cihcunst 22 of 22 /10 X 1 / f 7- SECTION C PROPOSAL for the construction of WATER WELL #2 LANDSCAPING from NORTHWEST CORNER OF EDINGER AVE. AND SPRINGDALE ST. CC No. 1398 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 30 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 docurnents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule- BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 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 _ ,n 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 Adden/da No. I Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE CC-1398 1Eerii:: stC�uafi zfie�. e t _ des. x;< t�o�i:::::<:: : :::::.::.: ::..:::: ::: .::::... :�;:. ;>:;::;: ::::.:: 1 1 Mobilization LS $ Goo-:: $ SCY;= 2 1 Remove and Dispose of existing Metal Guard Rail LS $ 3 }=7 $ 9� = 3 1 Install new I"water meter and 1"service per HB Std.Plans 109, 602,606,and 606A including all appurtenances,trenching, _ LS $ paving,AB,and connections - 4 1 Install solar irrigation controller enclosure cabinet per HB Std. LS Plan 722 including controller,rain gauge,cabinet,enclosures, $6-5 Y5- $ 5545- pull box,and all other appurtenances and connections 5 1 Install all Irrigation mainline,laterals,heads,valves,wiring,and LS couplers per Irrigation PIan and HB Std.Plans 700 Series 6 1 Install reduced backflow prevention device per HB Std.Plan 701 LS including cage,valves,and all other appurtenances and $-4,701.&4- $!7l 99i connections 7 1090 Remove and replace existing improvements with dyed decorative SF concrete per specification and HB Std.Plan 217(4"thick and $ �� 3-2,6 $ 04 Vo scoring) — - 8 1 Remove and Reconstruct Curb Access Ramp with Truncated EA Domes per Caltrans Std.Plan A88A(includes slot pave,AC $ j� � $ Q pavement,AB,any adjacent curb and sidewalk) 9 275 Remove and Replace existing existing 8"Curb per HB Std.Plan LF 201 (includes slot pave,AB,AC pavement Type'B-1") $ -3 9t36-�: $ID15V- v 10 755 Remove and Replace driveways per Cal OCPW Std.Plan 1210 SF and 1209 with 4"lip(includes curb,retaining curb,slot pave,AB, $�0.6 p� AC pavement) C-2.1 PROJECT BID SCHEDULE CC-1398 - teiii:: `<:::: .. '> : _I'd :: Mite t...D. s�...................................<: .. ;Qu0ttiity.: ... . . .; att Face: Ait4>l>7t 11 2935 Remove and Replace existing improvements and replace with Sidewalk per HB Std. Plan 217(6"Thick; includes retaining curb SF $ 6,66 $ l—f 5 -1 as required) 12 2790 Remove and Replace existing improvements and replace with SF Sidewalk per HB Std.Plan 217(4"Thick, includes retaining curb $ Z/7 as required) -- 13 2750 Remove and excavate all existing improvements in landscape area 33"deep including soil and replace with Class"A"Topsoil,30" _ _ SF deep including rough grading and soil preparation $ ' $ 14 2750 Purchase and install 3"thick engineered wood fiber chips in SF landscape area 15 215 Purchase and plant 1 gallon shrubs per HB Std Plan 712 EA $ $-7 O15 9= 16 40 Purchase and plant 3 gallon shrubs per HB Std Plan 712 EA $ = $ 17 9 Purchase and plant 15 gallon shrubs per HB Std Plan 712 EA $ - 18 4 Purchase and plant 24"box Palm Tree per HB Std.Plans 714, EA 715,716,and 719 with I year tree gaurantee period $ ��_ $ j �U 19 11 Purchase and plant 36"box Palm Tree per HB Std.Plans 714, EA 715,716,and 719 with 1 year tree gaurantee period G 20 1 Fine Grade/Cleanup of Landscape Area LS $ /f�75= $ �%-75= G-2,2 PROJECT BID SCHEDULE CC-1398 Qtiautiu.it.price Ainutut.. 21 1 Provide 90 day plant establishment LS -- 22 6 Remove and Replace Traffic Pull Boxes per Specifications and EA adjust to final surface(size denoted on plans) $ 745= $ 8 70 23 10 Remove and Replace Traffic Loops EA $ Z Z 3 = $2- 30 24 1 Furnish Traffic Control with Plans LS $ 3,2--3<3 $ 3,2-30= 25 1 Install gravel pit with 2"diameter gravel wrapped with filter LS fabric(6"width x 24"depth X 70'length)as shown on plans $ --Zs ZC16 $ Z�p 6 = beneath engineered wood fiber in landscape area —r--—— Total Base Bid Amount in Figures: $ 118 415O.oa— - Total Base Bid Amount in Words:- 0/7-e Layjc � -I ._ c)��n All associated work, labor, materials and bid quantities to construct the Base Bid portion of CC- 1398 Water Well#2 Landscaping as depicted on the plans and/or specifications shall be included within the Total Base Bid Amount and no additional compensation will be allowed therefore. The Total Base Bid Amount will be the basis of award. ALTERNATIVE BID ITEM . I. XteiiTeit7>: tent E tlivatetlG:: <:::< $Its�tetlll::.:.:.:.. ...>::::.>:>;:;:.>:;:;:; »>:: :.. ' ..._ .N..:' .... .:.. ..: :; nEt:Rrice >:iAaliioitii€": Q..... ..... Desert ttbn>:>:>: . . . Al 1090 Added cost to Replace 4"thick dyed decorative concrete with 6" SF thick dyed pervious concrete per Specifications $ $ 1—:3 Q?t� C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number gca��aa 1127 GIJ1dSC4' l8/�'2 JB v 5�aq rf� ! �Duiih !� 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 / D/I'�lL'� , being first duly sworn, deposes and says that he or she. is of TA-Poink-1 Ine- 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 Bi er Signat e of BI r Arai /g�t io c.4- Address of Bidder - Subscribed and sworn to before me this h day of /4 12011 ANA CRISTINA SERNA JIMENEZ Commission#1908506 ID Notary Public-California Orange County My Comm.Expires Oct 16 2014 NOTARY PUBLIC L49�Sr/j124e11 e NOTARY SEAL -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 WATER WELL #2 LANDSCAPING, (I)(we)(it) will employ and - utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor,or subcontractors with the requirements contained herein. 7 ' Contract By Title Date: �7C 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 Iocal government project because of a violation of law or a safety -. regulation? ❑ Yes Q 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. Gb 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. Contracto By Title Date: C-7 _._ BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, State Zip W L 8 V,-Z _. Telephone Number yam+ Q State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by +j�'f f �'tiW of our office on 201 . The following are persons, firms, and corporations having a principal interest in this proposal: -[A -PO)L,�t4 C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Compan N e Gum Signatu e of Biddfr Printed or Typed Signature Subscribed and sworn to before me this ��day of , 201 1 . ANA CRISTINA SERNA JIMENEZ Commission* 110,106 Notary Public-California Orange County M Comm.Expires Oct 16,2014 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: 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: :p5 ,aka _ edX76 &e-- #aldse,pe- d5 �2z o0 Contract Amount Type of Work Date Completed -C-; q2 y Naive and Address of Public Agency Name and Telephone No. of Project Manager:kfyed. 6, 5Q �-7D 1715 33 -573,66 — ae- p0, /v Contract Amount Type of Work Date Completed -- C-9 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For WATER WELL#2 LANDSCAPING NORTHWEST CORNER OF EDINGER AVE AND SPRINGDALE ST,C.C. NO. 1398 in the CITY OF HUNTINGTON BEACH May 6,2011 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications,and Special Provisions: 1) The Reduced Pressure Backflow Prevention Device, including fittings, pipe, and any other appurtenances, shall be 1 1/4". In addition,the main feed pipe from the 1" meter to reduced pressure backflow device shall be a SCH 40 PVC 1 1/4"diameter. This is to acknowledge receipt and review of Addendum Number One, t fMy 20 1. Company Name By `//7/« Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Joseph Fuentes at(714)536-5431. BOND NO. 20—SUR-212100 AIA Document A 10 TM — 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) T A POINTER ENTERPRISES, INC. DBA POINTER ENTERPRISES 9121 ATLANTA AVE. HUNTINGTON BEACH,CA 92646 SURETY:(Name,legal status and principal place of business) CAPSTONE SURETY INSURANCE COMPANY 23901 CALABASAS ROAD SUITE 1085 CALABASAS,CA 91302 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) WATER WELL#2 LANDSCAPING;INVITATION#1398 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 parry 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 t�e term Owner shall be deemed to be Contractor. When this Bond has be 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 I al equirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporate herei .When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed is 1 th da of May,2011. T A POINTER EN PRIS NC.D POLITER CAPSTONE SURETY-tf� URA�ICE COMPANY ENTERPRISE (Principal) (Seal) (Surety) (Seal) (Title) (Title) YUNG ULLICK,attorney-in-fa CAUTION:You should sign an original AIA Contract Document,on which this text pears in RED.An original assures thatchanges will not be obscured. AIA Document A310TM-2010.Copyright©1963, 1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AiA@ Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA@ Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 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 May 16, 2011 before me, Christine T. Hoang,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(is)whose name(s) is/ma subscribed to the within instrument and acknowledged to me that he/*b6AW executed the same in hishbed&vjr authorized capacity**, and that by his/immALwak signature(s) on the instrument the person(*), or the entity upon behalf of which the person(g)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CHRISTINE T.H(ANG WITNESS my hand and official seal. 000' COMM.#18$7909 s o NOTARY PUBLIC X)FoW X M " ORANGE COUNTY � my Coma Boo DEC A 2012 � Signature (Seal) I I nNi iI II Ili : i I i I'�1 I :!. I ! 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I:,.• :ill „I:IdJ IIIIIIIIn:.l:lll, IiI,JI",(:IIIII �i.Illlll,I .I I „Ll::: .Il ll;,I:J.. ! defined or limited in the instrumentevidencing�nl the appointment Ioeach ca e and on behalf of the Company.to execute land deliver and o d l_. eretary sYll P ..., g@ ut�lonty,as Ilh llolhllloll 6lwlll m a nt'�attome affix the "seal of the Company to bands undertakhsgs__recxxgr¢antes and suretyship oblations of all kinds,and,sard offkcers may remove any such attome�in- �ct or agegt�ndre_vok�e any-poweror'aitarney prevdousf�graMea3o suchpen = _ _ _ z =__ RteSOLYEI]FURTHER that anXbond,arRdertakmg reccgn¢aneexoF sureCyship obligation shall be valid andbit�aig upon ttcornpany wtien (ij when signed by the President ar any Yoe-Pr�iderN and attested and-sealed(if a seal required)by any Secretary or Assistant Secxetary or 01) when signed the President ar arty Vice President ar Se<xetary ar Assistant Secretary,and count �igned and sealed(if a seal requires)by a duly �tu�o�d�rt� a�rrt<or when exea�ed and-s�@a�rf�Esquired)Mine or m� ��t�c�ar ager��u��� _ y_pc"r a ssu v the Pant tom Peso r-_ rs�— RESOLVEV QC UIiTHEPi tit tfie sigr�atQre o anylutfionied office and to seal Mhe—Compariyinay be 69:1 by-�l�csirni c_any power attom�y - or certification thereof authol the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of#w Company; and such signatuFe_andseal wherkso_used shall have the same force andBff�ls as;t ouch manual (fixedTOW MCOM IN W TNESS tWHEREOF Amerioart5afety Casui&Insurance CompanI-t es-aai �official 4e&M li hereunto ate_ and these presenis foTie signed by ifs Presider and attested by dssecretaryth�s s°'day of AWusy 9 _ _ = — ! r,l ;l,ll a ^I1Tetf4 � !,,II IIII,.( III I. .III :!:III I!'!!I li a,ld.; l� I I I I• :'47. -iNd! �r�^r J: , li',. III ' . I I',i'.'I I !I i " � H.YfW t0, III IIII } I �q �' I II IIIII 1��-I��' y �,. 'fy Iu+, i!, I ,I II ,I ,. il�'•i I I I'iI. !i �?nbul Jam Joseph D.Sc o r. �a4, � tTa� h i I Ij,l,: �,� �Illlll !� I l I' II II II Ili l 61, : � p�,ilr*"f lI, ,•:,I I II 5tAPE QF GEQRG6pl �) "<% '.`r� �w4l ., II II ,ryUSt�'ti ����ll� pll, II 'j',I III I,, I,, •,!i lWi; :p: COUNTY OF COBS . _ °'��t7Clai•1;1" = On th�6�day of�,ugust 20Q9 before me pesona�came Jase�h�-�ColloxJr tome-larown +adro-being by me dul�swrom,dd depose andsay ttrat he m the President o7 American Safety Cu�uatiy insurance Compa�ttue-corporation sfe�ribed to and which executed-the:above mstrumer�t..that_k�e _ tv�ows the seal oFthe saui c�poration;that ttte seal affixed to-the said e�striument�such corporate seal,thaYis-was so affixed by ordar of tt@ Board of --- Directors of said corporation and that he signed his ram@ thereto by like order. — Notary Public,Hall Co.,GA My Commission Expires Au .13,2012 Ja r alley, otary Public - - 1 the undersigned Secretary cfAmerican Safet�Casually Insurartce Company arr_�IdaFtonta corporatwn HEREBY CERTIFY that tti #oregomg and attached Pacer of Attorney remains in fug force and has not bean revoked;and"fiatl�errrrore that the Resolution of the Board o9 Directors,s¢t forth d Power of Attorney,is now m force tl!li• p II III II :;I,!I in the said IIII JI: LII lil;p: I d,a ,I II III;:I•I ^;•II !I ',; ,III, Ill'n, II ,I�,,: ,Illp!il II,�:II IIII IL:II I0, !l-:: I,,;I; li„LIB .Iy. ,•,d: i,I l! IIII„I, ;i.,;:,p .;.bl. ,I .,::.:I p .:Ir I ,,, ii ..a IIII;:`( -al.::l, ,I: I•:! II :Ill: Ii ML:,I III I:,:;I (;::,pill a i,::, li ,I;::h:l II I IIVI'd ,' L,.: IIII'iI!II I. Ib,p:' ll.!;�I IiL,II IIJ"„I ,ore-I III'; i nil I„ I I I�il:l lll::,,nll �J I o I ..iJllil I I'II I:!IIIpd , I ,:P:^ ,.n,,,-r, ill I:o!:II.I � ,•,l L.n :!I, I:Ju I Ills I,;II 11 ! _,.I+p! I,Lp ,I,I,il l:,a- l �;. IfI i7,':,W,- II L:�' oI II�,,,red andrsealed in the C:,' of Atlartta'm the;ISta&Igf, °'eor p!,; Ilrl.!Dated',Ithis16 day of III $Y Illi':l l'I I Ill,i;,l 201"1 li I I II a l ,Ij I' I I i;,', Ill;lllp q� ': "II', � I I Piro- IIII II- � �y� III! I.ul II' I I`:I �I:::plo: I ,,. I L•� � , Il I I o I i ..: ,, J II I I I �� 'II I I . POWER tJFTATTORNEYARE PRINTED:IiViTH REi)iNUtUIERIi A,L N I MBERS II,I:,, OR,IGINALS'I,AFI!THll" I ... 4 00,'* R I,.. Il.:p,, .u:i::� !, I pUPL1CATES SHALL HAVE THE SAMV ;E(FORCE AND,':IEFFECT!%4$IANIO.RI01}�,e'.L':ON,LYUV 1 N ISSUED IN COI,JI�QTION WITH THE ORIGINAL;( i:•"" I ' 'i.l Llr,lli I !il;l. I ! .' Ii..!I�' II illlr':'i:l 'I !Ip II, I'.:�q! III II 0!'r,',I uI ;I.I;I, l LI IIII'o b!S iI?;I IIIIII I l I u�l ll.ll I^1i III I,;.Ih� �IIII�i,A,IIIjI JIv-lu .L..r` ,Ili: 11 l� I rl.IIII': ��gII',i'll lol d,r In 'iNIII i' II f4lo cMY *ZM MAIN 41Two Vj-ttoasL Rug-rikio-lbN 5Z 0 m A Certification of Compliance with Title VH of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above-referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor. also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct_ Executed this day of ,20 at , California. . (Type Contractor Name) By: Name: [Type Name] nn- y Title: [Type Title) E >, IF R A ORNEY l 245911 1 C®NTRA.CTOWS CERTIFICATE 1, , state and certify that: (Name of Declarant) 1. is the general contractor to the City of Huntington Beach C 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"): 1 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 , 24__ (Signature of Declarant) APPROVED AS TO FORM By: vfy,<�Aa�--- s���/a -1lJ Name: [Type Name] Title: [Type Title] 1 2459141 Certification of Compliance with Prevailing rage haws 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 , 20J, at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] �{�'0 1.. [��rRA ` l CITY ATPORNEY R -1-LS 03•ab -lsto 1 247542., A 'C" DATE(MMIDDIYYYY). �.; CERTIFICATE OF LIABILITY INSURANCE 6/29/20111 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'ADDITTONAL INSURED, the policy(ies)must be endorsed. If.SUBROGATION IS WAIVED;subject to the terms,and conditions of the policy,certain policles;;may require an endorsement. A.statement on this certificate does not confer'rights to the, certificate holder In lieuof such'endorsement(s).- PRODUCER oNiAC June King g The Empire Company PHONE yid: (909)476-06Dt) FAX, No:(909)476-0601 10201 Trademark St Suite D E-MAIL ADDRESS:j g kin @ ire-eo.com @ P.O. Box 5400 PRODUCER` C0022955 CUSTOMER Ins Rancho Cucamonga "& ,91729- INSURER(S).AFFORDINGCOVERAGE NAIC0 INSURED INSURER A:NaVi a-tOrS Insurance COMPaDY 42307- INSURERS-Awrican States Ins. CO. 19704 T. A. Pointer Enterprises, .Inc. ,, INSURER C Granite :State Insurance Co. DBA: Pointer Enterprises INSURERD: -9121 Atlanta- Ave #41.0 INSURERS: Huntington. -Beach 'CA 92646 INSURERF: COVERAGES CERTIFICATE NUMBER:2011j2012 Master 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 MAYBE ISSUED OR MAY PERTAIN,THE,INSURANCE•AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS'OF'SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN-REDUCED BY PAID CLAIMS. TN-SR ADDL U R POLICYEFF POLICYEXP LTR. TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDD/YYYY MMIDDNYYY LIMITS: GENERAL.LIABILITY EACH OCCURRENCE $ 1,000,000 X. COMMERCIAL GEN€RAL LIABILITY PREMISES Ea occurrence $ 50,000 A CLAIMS-MADE 5XI /25/2011 /2512012 OCCUR $ C10GGL01586701 MED EXP(Anyone person) $ EXCLUDED .PERSONA L:&:ADV INJURY $ GENERAL AGGREGATE $ 2,000,000 GEN'L-AGGREGATE_LIMIT APPLIES PER.. [PRODUCTS PRODUCTS-COMPIOPAGG. $ '2,000,00-0 POLICY X ,OC $ JEGTPRO L AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,O00„O00 X- AIVY.AUTO B-- ALL OWNED AUTOS 01CI36341U6 J31J2011 /31J2012 BODILY INJURY-(Perperson) $ BODILY INJURY(Per accident) $ --SCHEDULEDAUTOSPROP pHIREDAUTOSMDA Qj"Q (PeaEcdentRTY DAMAGE $ INON-OVbNED AUTOS .Medical payments: $ 5,000 CG I` Uninsured motorist combined $ 100,000 UMBREL LA LIAB gCCUR ��I Y EACH OCCL)RRENCE $ EXCESS LIRB C A{MS-MACIE AGGREGATE4 $ DEDUIBLE $ .RETENTION -$ $ WORKERS COMPENSATION Y-IN \NC.STATU- OT,H- AND:EMPLOYERS'LIA61l;111' - �. T RY LIMITS _ ANY, PRO PRIETORIPARTNERlEXE,CUTIVE - - E.L_EACH ACCIDENT $ 1-000 000 OFFICER/MEMBER EXCLUDED, N/A _`2(1B/201t1 2/18/2011 - .(Mandatory in NH). OD5643364- E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION-OF OPERATIONS:below E.L.DISEASE-POLICY LIMIT. $ 1,000,000 DESCRIPTION OF OPERATIONS-I LOCATIONS I VEHICLES(Attach ACORD 101,-Additional.Remarks:Schedule,if more space is required) Subject: CC-1398, Water Well No. 02 Landscaping Project. Revised from certificate dated 6/21/11. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIESSE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS: 2000 Main street Huntington Beach, CA 92645 AUTHORIZED REPRESENTATIVE June King/DUNE ACORD 25(2009/09) @ 19$84009 ACORD CORPORATION. All rights>reserved. INS025(200909) The ACQRD name and logo,are registered marks of ACORD THIS ENDORSEMENT CHANGES;THE POUCY.PLEASE READ IT CAREFULLY. BLANKET AI3WZONAL I SUIRED ENDORSEMENT (EXCLUDING RESIDENTIAL) Thls:endorsement modifies Insurance provided under the following: CQMOERCIAL GENERAL11ABILITY COVERAGE PART ADDITIONAL INS »OWNERS,.I_ESSI ES OR CONTRACTORS(FORM B) CG"20 10 11185 SCHEDULE Name of Person or Organization., Any.pers,on"ar organization that the named insured is obligated by virtue of a written contractor agreement to`provide insurance such as Is afforded by this policy. WHO I AN INSURED(Sec#ion 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"yourwork" for that:Insured by or for.--you .The fallowing additional provisloris apply to any entity 'that,loan,insured by the terms of this sndarsement: 1. Primary Wording If required by written contract or agreement:.Such Insurance as,Is afforded by this policy shall be primary insurance,and any insurance.or self-insurance maintained by the above additionalinsured(s) shall be excess of the Insurance afforded'to the,named insured and shall not contribute to It. 2. Vyaiyer ofSuh[gg, ion If xequired by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional"insured per the terms of this endorsement because Of payments we matte for injury or damage arising out of "yourwork" dome.under;9, contract with that person:or organization. 3. Neither the coverages provided by'this Insurance policy nor the provisions of this endorsement shall apply to,any claim arising out of the sole negUgence of any additional Insured or any of their agents/employees. 4. This,endorsernent does not,apply°to"any Work involving or related to properties intended -for permanent residential or habitational occupancy(other than apalments)i The words"you"and"your"refer to the Named Insured shown in the Declarations. "Your work"means work or operations performed by you or on your behalf; and materials,parts or equipment furnished In connection With such work or operations. ANF-ES 160(612006) *The City of Huntington Beach, its officers, elected or appointed,officials,employees, agents and Volunteers. ae: rc��y RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH . INTERDEPARTMENTAL COMMUNICATION TO: , City Treasurer FROM: DATE: SUBJECT: Bond Acceptance have received the bonds for l ` (Company Name) ll Faithful Performance Bond No. �--� Labor and Material Bond No. �U -JL,,4 Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved f Agenda Item No. •1/� (Chun it App val Date) City Clerk Vault No. #27 g1followup/bondlefter.doc PREMIUM INCLUDED IN PERFORMANCE. BOND BOND-EXECUTED IN TRIPLICATE Bond NO. 20-SUR-212100 j i ! PAYMENT .BOND (LABOR AND MATERIALS) i 'KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS,the City of Huntington Beach(Hereinafter referred to as"City")has awarded to j T,';A POINTER ENTERPRISES, INC. DBA POINTER ENTERPRISES 6 9T.�.7_ATT-ANTTC AVE, . HUNTTNGrPfIN BEACH.. CA 926.46 (name and address of Contractor) hereinafter referred to as"Princi"al" a contract("Contract")for the:work described.as follows: WATER WELL NO. 2 LANDSCAPING CC-1398 j i (project title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided j by law. :NOW THEREFORE we,the undersigned Principal, and AMERICAN SAFETY CASUALTY INSURANCE COMPANY j :C/O THE BOND EXCHANGE AND.'INSURPNCE AGENCY; 24800 CHRISANTA DRIVE. _STE. 160, MISSION VIEJO, CA 92691 3 i (name and address of Surety) '(alduly 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 ONE HUNDRED THIRTY ONE THOUSAND FIVE HUNDRED THIRTY AND N01100 dollars, ($_ 131,530..00 �, this amount being not less than one hundred percent(100%)of the total price set forth in the.Contract, in lawful money of the United States of America; ,for the payment of which sum, well'and truly to be made, we bind ourselves, and each of our, heirs; executors, administrators, successors, and assigns, jointly and severally,'firmly by these presents. TFIE CONDITION OF THIS OBLIGATION.IS SUCH THAT, if the"Principal, his, her, or its heirs, :executors, administrators, successors. or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the Califomia Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the.:work described in!the Contract, or. any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any. such Claimant, or prevailing. wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, i withheld-and paid over to theEmployment Development Department from the wages of employees of the Principal and 'Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract,Surety will pay for the same, in an amount not exceeding the:penal sum specified in this bond; otherwise,this obligation shall be null and void. This bond shall inure to the benefit of any.•of the persons named in Section 3181 of the California Civil Code so as to give a righ# of action to such personss 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 i in an amount fixed by the court: Surety stipulates and agrees,.for value received; that no change, extension of time, alteration, i addition or modification to the terms of the Contract, or any'contract:document or any work to'be performed thereunder, whether.made after notice'or.not,.shall. in any way`affect, impair or release j the obligations'of Surety' under:this bond. Surety'hereby waives notice of any sucH change, { I insa9a PAYMENT BOND, I Page 1 of 2 i Bond NO. 20-SUR-212100 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 MEROF, each party represents and warrants that;this instrument has been duly j executed by.Principai:and Surety;on the date set.forth.below,that the name'of each,corporate party, being. affixed hereto is such. parry's proper legal .name and that the 'individuals signing this I instrument have been duly authorized pursuant to the..authority of its-governing body. Surety, by execution of this bond; waives any.defense:which Surety has or may have.by reason of any failure of�the Principal to execute or properly.execute'.this bond. Dated: JUL)! 6 2 011 i ATTEST T A POINTER ENTERPRISES, INC. DBA POINTER ENTERPRISES i i i (Corporate Sea!) (Principal Name) By-, fit Name: �,," � r f Its: i I ATTEST AMERICAN SAFETY CASUALTY URANCE COMPANY {Corporate Seal) (Surety Name j By: ! Name: G T. MULLICK ATTO Y-IN-FACT CT _ ( ignature ofAttorn -Fact for Surety) 949 461-70.00 . (Attach Attorney-in-Fact Certificate) (Area Code& phone Number of Surety) ` I APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By' .t ennifer Mc rath ity Attorney s�l S�b6 Note: This bond must be executed in duplicate and dated,aN signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached i i .277599.1 PAYMENT BOND I Page 2 of 2 I ACKNOWLEDGMENT State of California County of Orange } On July 6, 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()whose name(7s) is/wa subscribed to the within instrument and acknowledged to me that heFWme&1TW executed the same in hishbea&vk authorized capacity(}, and that by his/i ce signature(s.)on the instrument the person(*), or the entity upon behalf of which the person(j)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 eal. cm �tS AFT"�„ J IFERC.GIBONEY COWJL 9179706 4 NOTAV MIGCA EORNIA " ORANGE COUNTY � c way Coetuh.��SAY?,Zf?12 Signature (Seal) NlJlhi BIlit 20 SUR 212IOQ AwMrl d KN( €AL�tiiE BEE PRESENTakrCasaltnsuranc om�nYas made const3uteppomted, n thhhhhhhhhe = Ices nee.consVWW and Its true and laurful,attorplace., _ .r�y-in-fact,for it and Its nanre� and stead to execute on behalf of the said as surety. bonds und�takirg and contracts of suretyship to.be`given to tl , i.ALL OBIJGEES � : io provided that n bond or undertaldnp or contract'of auretvshro exe�x�ted ureter ttu auttanty shall exceet rn amount the sum of One Hundred Tlurty�One Thousand�'Fhve Hutidred fhiify Dollars($�131, 30 0�) ijl p �w This Power of Attorney,ls granted and is signed and an try,facsimile under and by the authority of the fotloitiing Resolut6 adopted by'the Board Directors of the Company of the dh day of August,2DW. RED[ VEt t -resident in canter .S de# orar a naV4ppannt atta eys-in agw r a on s dew offfinh-1-5nZFie ms�ument e�cu-1 the4ppomhue �eact c se ar nd�n be7raif the ompai�y,to axesxite�n d� afra ix3ha— _-- — — jealhe�crr_anyban�s.underta =Eeco�ra lrances==and sure�f—shi�oblfons�f allnds�at►ETald ofiiccers may refnavet3yttch aomn- __ c aFager `revol 64 y power% at I to sad+person M, ON — ertailft. suretyship RESOLVED FURTHER;that any bond,and � ,`recognzance or su obligation shall be Valhi and landing upon the company when. C)when signed by the President or any.Yr PresdderY and atested end sealed(ff a seal required),by any Secretary or Assistant Secretary or'Lol) when sighed by the President or any Vice-President or Sad etary„'�Ass Cant 5e�xxetary andYcounterognedand sealed'lif a i"'is required)by a duty' authonzed attorney-rn-fart a agerht or m when'tluty'e'xearted and sealed(if a sael ra required}by cite ar more attorney-uti•fact a agents purauantto and iMthin�>he limas of the.auth�ity evidenced+by the power of attorney wed by tttie Company to suoti personor perseais li RESOLVED FURTHER that the signature of any authorized officer and the sea)of the Company may be affixed by facsimile to any power of attorney or certification thereof authorerhg the execution and delivery of any bond,undertaidng,recognizance,or other suretyship obligations of the Company andEti srl}oaZnre arhdaei when so usedhalLhave6e samforced etteets thoWitxnanualy affoaed — �AfITNl� VWE-REOF�inerican Safety asua—1 surarrce Com�ay as�aused its of l sea�a a t►e€unto nd b n ants d e lgn y its r s dent un attested byr-i6s-S_e�rettayr f s,t er of August, - 4 ' Arnbuj.lainSU 5 L+ STATE OF G 3 'STA EORGBA, �". n ttr =ay 1ugd tstz. 09.before�ne it camel ' D to Jr o meJmown,w�io _ ng bye duly t"- d and�a hat= WM- he Ores nt 6MIMrican Safety�asuaift6 arenr 9rn _ - _- - pargre corporation den'bedn�n� -�d ��mrerumer t tt atre _ — blows the seal of the said corporation;that the seal,affixed to the said Irhstnrment is such corporate see];that is was so affixed by order of the Board of. — Directors of said corporation and that he signed his name thereto bylihe order.'- I I . JAMI BAILEY Notary Publlc,''Hall Co:�GA Ja r, alley otary Public My Commission Expires Aug.13,2412". �hirhde[slgne .Secretat of Americ _Casuatlylnsucance�Gonroanv Qtotr cron DfkiERFB CTt1C31tere�Ciiti� the feu ed Po�nrer AttorErey remains a INsand t o beers yoked arm f _e rat3�e�2asebon o�3ha hoard_ ir�dor_ t� _ aidnuKerof Aifey,is Signed and sealed in the na,m City of Atlar the State of GeV?�r�gpgia Datetl the day of T-1 F 9 j)l I _ INit i r r Amtwj Jain q — - pGINALS3T# S'PROFA �RWtARfNTW�# REELNtIfl1ERlC7�NIBEf r ic� S HI W- E RCE THEF FCT AS +I 9ICit L1L1E._38SED ICON OI1 I�iW #E Glt — , I BOND PREMIUM; •$3,268. AND;SUBJECT TO CHANGE BASED ON 'THE FINAL CONTRACT PRICE Bond No: 20-SUR-212lo0 BOND EXECUTED IN TRIPLICATE. ' PERFOR®f®,MNCe SOND ' KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereinafter referred to as".City"}has,.by written agreement dated. . 29 entered1nt0 a COrtractwMT, A POINTER ENTERPRISES, INC. DBA POINTER ENTERPRISES 9121 ATLANTIC AVE., HUNTINGTON BEACH, CA 92646. (name and address of Conti actor) (hereinafter referred to as"Principal"), for performance.of the work described-as follows: WATER WELL #2 LANDSCAPING CC21398 i i } - (Project Title) f WHEREAS, said contract,acid all'documents referenced therein(hereinafter collectively "Contract'), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal issrequired under the terms of the Contract to furnish a bond guaranteeing the.prompt;full and faithful performance of said Contract. NOW THEREFORE,We,the undersigned, as Principal,and AMERICAN SAFETY CASUALTY INSURANCE COMPANY C/Q, THE,BOND EXCHANGE AND INSURANCE AGENCY; 24600 CHRISANTA DRIVE; STE. 160, MISSION VIEJO, CA 92691 i (name and'addrese of Surety) (a duly admitted surety insurer under the laws of the'State of California and hereinafter referred to as "Surety''), as Surety, . are held and 'firmly bound unto City. in the penal sum of j ONE HUNDRED'THIRTY ONE THOUSAND FIVE HUNDRED THIRTY AND N0/100 i Dollars($ 131.s o..o o ),.this amount being not less than one hundred percent of the price set . forth in the Contract,iniawful'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,amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers,agents and employees(hereinafter collectively re"to as"Obligees")fro m any and all losses,liability and damages;claims,judgments,stop notices,fees:and costs of every description, whether imposed..by'law or in equity;which may be incurred by the Obligees by reason of the failure or default on the'part of the principal in the performance:of any or all of the terms or the obligations of the Contract- including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, it shall be and shall remain in>full force and'effect. Surety stipulates.and agrees„for,vaiue received,that no adjustment of theaime or price in-the Contract . or any.alteration, change, deletion,-addition or.other,modification to the Contract, or-thevork to be .performed thereunder,-shall in any way affect,.limit;=restrict,.impair or release the obligations of-the Surety un.der this;Bond: Surety waives notice•of any adjustment of contract time or contract price,and 27754i.i PERFORMANCE BOND I Page 1 d 2 Bond No. 20-SUR-212100 1 i -any.other alteration,Change;.!'deletion,.addition or other modification to the Contract,br:the work to be j performed°thereunder;and agrees,to automatidally'adjust the penal*sum of this Bond:to reflect such j :adjustments,•alterations,changes,deletions;additionsor 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:tle 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 dully . 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 i bond, waives any defense which Surety has or may.have by reason of any failure of the Principal to execute or property execute this bond: , Dated: JULY 6, 2011 ATTEST T A POINTER ENTERRIRFS: INC. DBA POINTER ENTERPRISES (Corporate Seaq (Principal Name) I , By. t Gi¢ TL Title, �`L I ATTEST AMERICAN SAFETY CASUAL URANCE COMPANY (Corporate Seal) (Surety;N )(` By: Name: 4qG T. MULLICK, A'(�TORNEY'_IN-FACT (Signature of A _ey-in-Fact for Surety) (Attach Attorney-in-Fact Certificate) (949 ) 461-,nnn (Area Code&Telephone Number of Surety) APPROVED AS TO FORM: CITY 0_ UNTINGTON BEACH . B thyennifer Mcsi itto 15166 ty.Arney i 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 attomey-in-fact must be attached: ?; . ' I znssi.i: PERFORMANCE BOND ' Page 2 of 2 , i ACKNOWLEDGMENT State of California County of Orange ) On July 6, 2011 before me, Jennifer C. Giboney,Notary Public (insert name and title of the officer) personally appeared Yuna T. Mullick who proved to me on the basis of satisfactory evidence to be the person(s)whose name($) is/M subscribed to the within instrument and acknowledged to me that he/Abe&IM executed the same in hishbedbak authorized capacity(*, and that by his/etc 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 California that the foregoing paragraph is true and correct. WITNESS my hand and offi ial se � 1°FTN°e. JENNIFERC.GIBONEY 9� CO iI.91797064 X ® a POTAR'Y PtlR.1G414JFORNIAA ;9 " ORANGE COUNTY () Signature (Seal) NYCormw.6�I=VA1'Z M2 ft op Yom W-1 40 la nE KNOW ALL MEN BY THESE PRESENTS that American Safety Casualty Insurance Company has made,constituted and appointed,and by these presenrts does make consNhlte Its 4vgk 3 Yung -Mulli& VPtj its true arid ILfu&"n4a6Cfor Kwbnd its name;�&pWI&:IhdiLesid_to execute on behall'V OWL"nyl 8:"14undartakurg`and contracts of suretyship to be given to ALL OBLIGEES of s6jj�vafiio jjj6A "jider 0 it the of ded:hatm:b-tihd' and irtaWnp",'o' r contract 9, 'aj# Oro au kin�arnou N!� 6�e Hundred Thifty 6n�Thousand Viv4 Hundred Dollars $131"S This Power of Attorney is granted Is,signed and a ,aiuV%e';loI1q"pg,�"uVqp adopted by,the,,B r of . ..... sealed by,"mile,under by the pted Board Detectors f the Company eh.1 '!P;ors o_ ppriyofthw -day V August,2D09. '"J i"w6 l�uitiho 6�o' ii �11 I 1,1 MT l i i��'I I OlAlr 21'� 1111JU" Aiiiiiint Secretary may,a a REAMVED that'the President'in,conjunction with die'Se6retery or any defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the Company,to execute and dower and affix the sal-of the Companyb,bandii1drigs-recognizances suretyship obligations of all kinds;and said;1"May rernoi such attomWn- ikind sy _ ob la" ad4irkd_4_e_Vo1We power Ws-u-ch--persons- �&v��&X -�R 28 Wp��M "'o ---N M persom X Vm 99- sw �� 09 ffla ox A� W-M-N attorney previously gra6t6d- F 664hill bw0efid and binding upor(the company ihiat)"Qua6dertak!q - - wherc (I)when signed by the President or any Vice-President and attested and sealed (if a seal is required)by any Secretary or Assistant Secretary or 01) whin signed by the ProWent otany- Secretary or Assistant Sea ry,and counter,4� gqed and sealed(if a seal-Isrequired1bya duly Nhoe4lreside"Secrela_ a-W errors rizol*WCexecuted - - br- &4i&Ajo�_ -to H auffib when duly --; 0T y -iindfi"ed is roqdo &MCK !6 00- "u4*",vidi&ced by Q fS&A ir IM-the Cora kr�lfpe ;QK 29 pr wh TM " #*JXMK_R_ -son orjWw 909 -W WE a A- - M GE-E 0 OF— M SUM FURTNEPR,that the iilj�natu_re of anAuthori�i and Ifti—S&of the Cc I:W�iiQd 6 f t *pokerastofty cationor the authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company; and such=signakure and -when so,used shall ha*the san*jorco and offects.as thou ghj manual a1fixqd�v*M qv� Qz ft Ze J IN 1WITNESS -WHERE OF W -_SqetyCasuaIt_y-Insurane ;9_Mp a_ftyhssQsii u these iibe e6 by its ardattistedWits this ed�August, �i�A 5� Ambuj Jain Joseph D. 0 r. _NR 3L STATE OF ' )g D A- 6"TY OF COBB On"this 6ft,day of AuguitION'before' me personally:carne Joseo'D]$cofio,��Jr_,to me known,,who�,�Ibelnq,b yime,duly swom,dd,depose and saythat *dWyCaqUa"InaUrjmco�Co and W*:h execulid"ftabove rumeni h9j6thi idar�of Amen th cor' raWnd�,0 V i rnpanr corporate Seal;L� 1Swassola i or der V the of knows the�sdal it a saidloorporptiom at the a"affi is such affixed xk4olheiiid instrument iid by Directors of said corp6rati6on, and that he signed hii name thiiiia 601iri oi M OR WR n _55 A JANN BAILEY _Z N-Notary-Public &I GAi Ift Commission Expires Co.,-Aug.13,2019 Ja Tli Bailey, Ilia; Sa",Casualty�,r I the 1j6d6rsig'ned'Sebr"X�1'of I tiiira'r6e ddmpany,'�ion Oklahomi6orpdritloi HER T reV6 Irlillitinermo sst� d �jct d4 he&Obwor�:&Attorney remains in full force an' has 6" kq&aind rej�an ,hl' in the said Power of Attorney.is now in force. 4 antl seale_Airkroath4 CWomfAtil�q -Dated th*�2�day-_O� Signedift in#*"j"T.0 a V July 2011 W ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED WITH RED NUMERICAL NUMBERS S -AS--A -IN 4CONJUCTION WITH THE ORIGINAL 6bPLIdkitSikAIkHAVE-T+IE�SAME FORCE D EFFECT AN ON EWISSUEM t. AL- Vill 8 e City Of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www•huntingtonbeachca.gov Office of the City Clerk t) 1909 / Joan F. Flynn, City Clerk August 19, 2011 TA Pointer Enterprises, Inc. Attn: Timothy Pointer 9121 Atlanta Ave. #10 Huntington Beach, CA 92646 Re: Water Well Landscaping — CC-1398 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, J+W J n L. Flynn, CIVIC City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) g:Sti9W\U6cwrt\QU*op aftc# Waitakere, New Zealand Council/Agency Meeting Held:_ Deferred/Continued to: A.Appr ved ❑ Conditionally Approved ❑ Denied City CI r ' Signa ` e Council Meeting Date: June 6, 2011 Department ID Number: PW 11-026 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 SUBJECT: Approve project plans and specifications and award construction contract in the amount of$131,530 to TA Pointer Enterprise for Water Well #2 Landscaping, CC-1398 Statement of Issue: On May 17, 2011, bids were publicly opened for Water Well #2 Landscaping at the Northwest Corner of Edinger Avenue and Springdale Street, CC-1398. City Council action is requested to award the construction contract to TA Pointer Enterprise, Inc., the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of $135,000 are available in the Water Fund, Account No. 50685801.82100. If approved, additional funds in the amount of $25,000 are available from Proposition 42 Fund, Account No.21985201.69300. Recommended Action: Motion to: A) Approve the project plans and specifications for the Water Well #2 Landscaping on northwest corner of Edinger Ave. and Springdale St; and, B) Accept the lowest responsive and responsible bid submitted by TA Pointer Enterprises Inc., in the amount of$131,530; and, C) Appropriate additional funds in the amount of $25,000 from Proposition 42 Fund, Account No. 21985201.69300 to project account; and, D) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney Alternative Action(s): 1) Delete pervious concrete add-alternate from project and reduce additional appropriation to $15,000; or, 2) Reject all bids and provide staff with an alternative direction. xB -65- Item 5. - 1 REQUEST FOR COUNCIL. ACTION MEETING DATE: 6/6/2011 DEPARTMENT ID NUMBER: PW 11-026 Analysis: Water Well #2 site is located in the northwest quadrant of the intersection of Edinger Avenue and Springdale Street adjacent to Marina High School. In 2001, this water well was decommissioned due to its aged structure and diminishing water quality. Since that time, the City has received many complaints regarding the appearance of the abandoned well site. As a result, the project was approved as part of the 2010/2011 Capital Improvement Program to provide landscape and hardscape improvements to visually enhance the appearance and improve pedestrian (student) circulation through the site. Proposed construction at the site will include removal of existing damaged concrete, gravel, and guard rail, and replacing it with new hardscape and landscaping. The hardscape will include a meandering concrete walk way, pervious colored concrete, curb replacement, sidewalks, driveways, and installation of a handicap access ramp. Landscaping will include a mix of King and Windmill palm trees, drought tolerant shrubs and plants, and engineered wood fiber for groundcover. Irrigation includes a new water service, meter, and solar power controller. Bids were opened publicly on May 17, 2011, and are listed in ascending order: BIDDING BID AMOUNT BID AMOUNT BID TOTAL CONTRACTOR CORRECTED ALTERNATE (Pervious Concrete TA Pointer $118,450.00 $118,450.00 $13,080.00 $131,530.00 Enterprises, Inc. DD Systems $138,874.50 $138,880.00 $5,450.00 $144,330.00 Rancho Pacific $145,813.41 $145,813.81 $10,071.60 $155,882.41 En ineering Inc. GSCI $151,015.00 $151,015.50 $13,080.00 $164,095.50 KORMX Inc. $160,378.65 $160,378.65 $8,175.00 $168,550.65 Nobest Incorporated $159,000.00 $159,000.00 $19,620.00 $178,620.00 STL Landscape, Inc. $174,795.00 $174,795.00 $16,350.00 $191,145.00 Aramexx $190,871.00 $190,871.00 $2,180.00 $193,051.00 Construction America West $194,239.24 $194,239.24 $2,844.90 $197,239.24 Landscape, Inc. G Coast $225,295.00 $225,295.00 $6,540.00 $231,835.00 Construction, Inc. Bid amounts were verified and the lowest responsive bidder was determined to be TA Pointer Enterprises, Incorporated. The reference check for the company provided acceptable responses from past clients. Per the Notice Inviting Sealed Bids, TA Pointer Enterprises, Inc. submitted an alternate bid item for pervious concrete in the amount of $13,080. Staff recommends incorporating this alternate bid item into the award of contract since the bid amount was reasonable and the item will provide additional environmental benefits. With contingency, supplemental expenses, and expected staff costs, the full project cost is estimated to be $160,000. Supplemental expenses are estimated for soils and materials Item 5. - 2 xB -66- REQUEST FOR COUNCIL ACTION MEETING ®ATE: 6/6/2011 ' DEPARTMENT I® NUMBER: PW 11-026 testing, construction management, surveying, inspection services, and additional engineering support. Environmental Status: The project consists of rehabilitation of existing City-owned facilities, with little or no negligible expansion of an existing use. The project is, therefore, categorically exempt from CEQA per Article 19, Section 15301. Public Works Commission Action: The Public Works Commission reviewed and approved CC-1398 with recommendations on April 13, 2011, with a vote of 6-0-1 (Spencer absent). Recommendations included adding a pervious concrete element to the project to provide further infiltration of storm water runoff on-site. Strategic Plan Goal: Maintain, improve, and obtain funding for infrastructure and equipment Attachment(s): o F2. 1. Location Ma Sample Contract xB -67- Item 5. - 3 ATTACHMENT # 1 ,«m5 _ 4 He -68- moo• P�G�O s�� �l -i 0i BOLSA AVE FC NTS Q � Mc FADDEN AVE. U F-! F- (n U) (n z v~i Q EDING R V) AVE. J Z in JO N Q z m =oCHEIL Qo AVE. m w WARNER z o z AVE. a w o 0 (n J af SLATER AVE. 405 A O 9 � TALBERT AVE. ELLIS AVE. GARFIELD o AVE. 1 m V) V) c Q ~ YORKTO N AVE. 3: C'0 ��� z 3 ADAM AVE. A MEMPHIS AVE. W Q w INDIANAPOLIS ZAVE, F- 0 ATLANTA AVE. a:P = PROJECT LOCATION o�, m m o F 10 WATER WELL #2 LANDSCAPING HAMILTON AVE. m (NORTH WEST CORNER OF SPRINGDALE ST. AND EDINGER AVE.) BANNING AVE. LEGEND PROJECT LOCATION REV 3/22/11 WATER WELL#2 LANDSCAPING CC-1398 PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 1 of 1 .) HB -69- Item 5. - 5 ATTACHMENT #2 ,«ms 6 He -70- SAMPLE CONTRACT xB -7 1- Item 5. - 7 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a California ,hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as 'PROJECT," more fully described as 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 1 of 22 5/10 Item 5. - 8 HB -72- 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 5/10 xB -73- Item 5. - 9 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 5/10 Item 5. - 10 xB -74- '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 Dollars ($ ), 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 consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. g/agree/surfnet/cityconst 4 of 22 5/10 HB -75- Item 5. - 11 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the g/Wee/surfnet/cityconst 5 of 22 5/10 Item 5. - 12 HB -76- 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 5/10 xB -77- Item 5. - 13 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 sustuned 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 Item 5. - 14 xs -78- the sum of Dollars ($ ) 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 gtagree/surfnet/cityconst 8 of 22 5110 HB -79- Item 5. - 15 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 Item 5. - 16 xB -80- 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 xB -81- Item 5. - 17 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 glagree/surfnet/cityconst 11 of 22 S/10 Item 5. - 18 1413 -82- 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/surfriet/cityconst 12 of 22 5/10 HB -83- Item 5. - 19 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/surfnetleityconst 13 of 22 5/10 Item 5. - 20 HB -84- 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 5/10 HB -85- Item 5. - 21 evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of zach 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 Item 5. - 22 HB -86- 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 5/10 xB _87_ Item 5. - 23 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/surfnet/cityconst 17 of 22 5/10 Item 5. - 24 HB -88- 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 ATTN: 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, g/agree/surfnet/cityconst 18 of 22 5110 HB -89- Item 5. - 25 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 parry 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 Item 5. - 26 HB -90- 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 xB -91- Item 5. - 27 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 acknowWdge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, g/agree/surfnet/cityconst 21 of 22 5/10 Item 5. - 28 xB -92- 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 20_ CONTRACTOR CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California Mayor By: City Clerk print name INITIATED AND APPROVED: ITS: (circle one)Chairman/President/Vice President AND Director of Public Works By: REVIEWED AND APPROVED: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. City Administrator Secretary-Treasurer APPROVED AS TO FORM: City Attorney g/agree/surfnet/cityconst 22 of 22 5110 HB -93- Item 5. - 29 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS Pace 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 Item 5. - 30 HB -94- CITY OF HUNTINGTON BEACH WATER WELL #2 LANDSCAPING,PROJECT C.C. NO. 1398 BID OPENING DATE: May 17, 2011 TIME: 2:00 PM ENGINEER'S ESTIMATE: $135,000 BIDS SUBMITTED (AS READ AT OPENING) No, BIDDER'S NAME RANK APPARENT BID AMOUNT ABECS, San Clemente w! America West Landcsape, Inc., Chino F American Landscape and Pools of America, Coachella Aramexx Construction, Chino �. B&T Works, Wildomar CA Odell, Huntington Beach Fleming Environmental Inc., Fullerton ,.,' G Coast Construction, Inc., Encino ,/ GSCI, Huntington Beach KORMX INC., West Covina "rJ Nobest Incorporated, Westminster Rancho Pacific Engineering Inc., Pomona 1A.,- �� 1 S&M Landscape Inc., Asuza SiteSol, Downey Yakar, San Dimas UZZL d, (L , 0 CC 1398 Bid Opening Worksheet.xlsx 5/17/2011 8:43 AM C-4 00 -Z HIJ L I AIVII I I OZ Ll SECTION A NOTICE INVITING SEALED BIAS for the construction of WATER WELL #2 LANDSCAPING CC No. 1398 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 project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on May 17, 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 $35.00 nonrefundable fee if picked up, or payment of a $60.00 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 removal of existing damaged concrete, gravel, and guard rail, and replacing it with new hardscape and landscaping. The hardscape will include a meandering concrete walk way, decorative colored concrete, curb replacement, driveways, sidewalks, and installation of a handicap access ramp. Landscaping will include a mix of King and Windmill palm trees, drought tolerant shrubs and plants, and engineered wood fiber for groundcover. Irrigation will include a new water service, meter, backflow device, and solar power controller. ® The contract shall allow the Contractor to complete within 30 working days from the NTP. ® The engineer's estimate of probable construction cost for the work included in the basis of award is $135,000. 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: /s/ Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For WATER WELL#2 LANDSCAPING NORTHWEST CORNER OF EDINGER AVE AND SPRINGDALE ST, C.C. NO. 1398 in the CITY OF HUNTINGTON BEACH May 6,2011 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) The Reduced Pressure Backflow Prevention Device, including fittings, pipe, and any other appurtenances, shall be 1 1/4". In addition,the main feed pipe from the 1" meter to reduced pressure backflow device shall be a SCH 40 PVC 1 1/4"diameter. This is to acknowledge receipt and review of Addendum Number One, dated May 6, 2011. 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 call Joseph Fuentes at(714)536-5431. Unsuccessful Bids CC- 1398 Water Well #2 Landscaping ® City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk ..FEB�+�219U9 P ♦ t Joan L. Flynn, City Clerk September 2, 2011 America West Landscape, Inc. 15086 La Palma Dr. Chino, CA 91710 RE: CC-1398 -Water Well #2 Landscaping Enclosed please find your original bid bond for CC-1398. Sincerely, Ita.0111% .10&jro-) lo-I - - Joan L. Flynn, CIVIC City Clerk J F:pe enclosure gS686 upEi6wiwtA 0 d&pewos Waitakere, New Zealand " IRM-1 ,,,,k�40TNQ�,"INAX �,, , ," ,� ��,-�,�,--il�,,,4��4',�a,',.-�,,�, , ,,,,J, �,'�. � , , x"P , A, , , OIN � , �""t,.�-1 �-- 101 y N. IQ "I%jW-% Wd I k", ;;j,-,a-- , "i �� '1_1�M , 6, " � � _4 - ,�. k , 1, " " 0; R05i,g,,;_ , i� , 4, ,_ 'u; �A �z ,�,, WO- .4"..'. _kl,t�,1,4 "I", ,,�4,�,,,,,,,k-��.63 ,,-,, , , - ,� -1 ,�t, "' W,27 ,;-, - ,#,� , ,� � �,�i .,�,,,�44 4,%.,.&,�09 'I � I , � - - . � '--'- W�,W,'i,li;,��N 11. -� - --, , *_& ,. 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CC No. 1398 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 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 3td &Iod in the amount of I I'S,% 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 i; #('Ner�S Signature C-2 PROJECT BID SCHEDULE CC-1398 teifi::.Estiriiat6d $id.Ztelai DeScripliop: ........... 1 1 Mobilization LS $ 2 1 Remove and Dispose of existing Metal Guard Rail LS $ 2, 13,i-7 $ 313. I"1 3 1 Install new 1"water meter and 1"service per HB Std.Plans 109, 602,606,and 606A including all appurtenances,trenching, LS paving,AB,and connections $ $ �I 4 1 Install solar irrigation controller enclosure cabinet per HB Std. LS Plan 722 including controller,rain gauge,cabinet,enclosures, $ 1 i S4 $ pull box,and all other appurtenances and connections 5 1 Install all Irrigation mainline,laterals,heads,valves,wiring,and LS couplers per Irrigation Plan and HB Std.Plans 700 Series $ L 6 1 Install reduced backflow prevention device per HB Std.Plan 701 including cage,valves,and all other appurtenances and v LS $ 14 connections ' 7 1090 Remove and replace existing improvements with dyed decorative SF concrete per specification and HB Std.Plan 217(4"thick and $ y $ scoring) 8 1 Remove and Reconstruct Curb Access Ramp with Truncated EA Domes per Caltrans Std.Plan A88A(includes slot pave,AC $ j C ILI .-2.) $ S C 19-.Z 1 pavement,AB,any adjacent curb and sidewalk) 9 275 Remove and Replace existing existing 8"Curb per HB Std.Plan LF 201 (includes slot pave,AB,AC pavement Type"B-1") $ 2 cis $ -I,'-i i rf. 10 755 Remove and Replace driveways per Cal OCPW Std.Plan 1210 SF and 1209 with 4"lip(includes curb,retaining curb,slot pave,AB, $ 75 AC pavement) C-2.1 PROJECT BID SCHEDULE CC-1398 teiri:: stiriiateil :: xteri:ded ltdo,: .:.Quantify:: . $1d Xtetn De�rtr�ptkon Uriif Frice::: . .. Amoant::. 11 2935 Remove and Replace existing improvements and replace with SF Sidewalk per HB Std.Plan 217(6"Thick;includes retaining curb $ 9 14 $ as required) 12 2790 Remove and Replace existing improvements and replace with Sidewalk per HB Std.Plan 217(4"Thick,includes retaining curb SF $ i�-�`i $ I&52 - 1.o, as required) 13 2750 Remove and excavate all existing improvements in landscape area SF 33"deep including soil and replace with Class"A"Topsoil,30" $ c� S > $ 2 Cz !Z- , 0C deep including rough grading and soil preparation 14 2750 Purchase and install 3"thick engineered wood fiber chips in SF landscape area $ e,--7 $ Q, 5 15 215 Purchase and plant 1 gallon shrubs per HB Std Plan 712 P �. EA $ vrs $, ;' 1 W r y 3,700.ic 16 40 Purchase and plant 3 gallon shrubs per HB Std Plan 712 EA $ 3 _i5 $ l q'46, 1)0 17 9 Purchase and plant 15 gallon shrubs per HB Std Plan 712 EA $ $ i tX 18 4 Purchase and plant 24"box Palm Tree per HB Std.Plans 714, 715,716,an tree gauree p d 719 with 1 year tanteriod EA $ 3z �ni $ 19 11 Purchase and plant 36"box Palm Tree per HB Std.Plans 714, FA 715,716,and 719 with 1 year tree gaurantee period $ < SCE n) $ 20 1 Fine Grade/Cleanup of Landscape Area LS $ 2, 1. �, $ 'L 2 C-2.2 PROJECT BID SCHEDULE CC-1398 tein::Esttmatert ::: ;:.:.:.... .. ....... :.:.::::::I ..I Extended 3B►d Item D601pt�on ... .,. . . Unit Fi iee` 'Amauri> 21 1 Provide 90 day plant establishment LS $ 22 $ (> 3 27,85 22 6 Remove and Replace Traffic Pull Boxes per Specifications and EA adjust to final surface(size denoted on plans) $ 4 `1•(3 23 10 Remove and Replace Traffic Loops EA $ 3�7- Z $ 31,375,Zu 24 1 Furnish Traffic Control with Plans LS $ c:d�_ I t $ 4 c i9 25 1 Install gravel pit with 2"diameter gravel wrapped with filter LS fabric(6"width x 24"depth X 70'length)as shown on plans $ (1 75- 4-2 $ �� (,Z)' 2,2_ beneath engineered wood fiber in landscape area Total Base Bid Amount-in Figures: $ 11'1 Total Base Bid Amount in Words: (3v ---------------------'--- -------------- ------- -- -- ---------- ----- ----- ---- ---------- \ . All associated work, labor, materials and bid quantities to construct the Base Bid portion of CC- 1398 Water Well#2 Landscaping as depicted on the plans and/or specifications shall be included within the Total Base Bid Amount and no additional compensation will be allowed therefore. The Total Base Bid Amount will be the basis of award. ALTERNATIVE BID ITEM Rein::Z fihiatec�:: ►t1:Iterii:::::: teiceid> ..................... .............................................................. .................................... .... ... ......... ..................................................................................... ................. N; ::: i : ::Ileseri tir o: niY:P:rice.......Am6fthV::': . ... ..........tY..............................P...............................................P.. ................. Al 1090 Added cost to Replace 4"thick dyed decorative concrete with 6" SF thick dyed pervious concrete per Specifications $ �� ( $ ! c> C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number 11 A2,,;sa CFj t 11cc, -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 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 flti i 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 inforination 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. �'tV'ti-Y"1�.,U\ V'�i� �I•J."L.C;i<i�.C7 �` �.�'l C . Name of Bidder t Signature of Bidder Address of Bidder Subscribed and sworn to before me this day of Mr," 2011 RAYMOND BRIBIFSCA � �, • Commission # 1791997 Notary Public - California i 5 �jaw Los Angeles County NO B ) My Comm.Expires Feb 25,2012M TARY PU LIC ..,,.._ M '{ 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 WATER WELL 42 LANDSCAPING, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor By 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. 1.1 i N 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 By Title Date: C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name r, Business Address City, State Zip Telephone Number State Contractor's License No. and Class r1 1— Original Date Issued /'�4�'/2-(.)jI Expiration Date The work site was inspected by k'Je kV) -5 cG of our office on ry10-Lj l l , 201I . J The following are persons, firms, and corporations having a principal interest in this proposal: S<r�(P t,,\cvy ( .,rr,w.� r�S �G�e 1;� re.a:LgrP� c1,r14 C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. «r:T Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this_day of IM(,,.,q , 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: c i.i-eci 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 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-9 Gomplotod Prolecis AMERICA WEST LANDSCAPE,INC Completed Protects 13 t01 FREEWAYSANTA BARBARA 05462104 CALTRANS looddiIzntleca Ing $ 12 .- 111112002 111200S7 22N Me—St Son 8054384-9459 916854-5268 Seale Barba.CA 93103 An Infante CanT.ne Irri Ion Landsca In,Av halt 200 N Men St 213.87&2762 213.4&6598 33 SEPULVEDA BASIN EAST CITY OF I,A PARK d REC. Pavan Cha!nlink Fencd 3 542.142 2113/2004 3111111 Loa A oles CA 90U12 Rwhard Chan Do enmant of Roe&Palle 37 MORENO VALLEY RECREATION CENTER CITY GFMORENO VALLEY Im wit Lantlsw rn.Interlocun 3 911.94e V2512004 612&2005 14177 Frederick St 851-qt?-3728 9p8. Il30 Pave.,4Mmenum E 1 Mor�n,Velley.CA 92552 -d Reams cletea,Inc !m Ion,Lantleca In,Rock 11627&odi Ave 562-0895531 Mn809.4%-7" 40 DOWNEYIWARREN HIGHSCHOOL DO'WNEY UNIFIEDSCHOOL DIST B!ankv,SLelders $ 463,435 4 12a6t 1131120a6 D-v CA 80241 JaB Craven CJP Protluneona 43 2NDST!ANDSCAPE LONGBEACH WATER DEPARTMENT Irnlanon,o-Y.9 $ 120.022 e11112004 812&2005 1-E Wardlow Rd 562-5702300 618.n 4770 Long Beach CA 804,07 Ro sari Budhea Steven A 909- Orman i&Assc 49 CARNELIAN 6T CITY OF RANCHO CUCAMONGA 1 ron i ,Laruecarn 3 205,031 711Il2004 112005 IOSINI Crvec CenterP 477--27W W9.4712740 Ranch Cuoamon a,CA 91728 Ken Boffin. Rancho CoIdentood.En in Drvidde 51 RIVERSIDE SCHOOLS RIVERSIDE UNIFIED SCHOOL DISTRICT 4n.do.n.Lend sca In 3 IHi 647 81412004 11102005 6o50111ustnal Ave 951-188-7285 NIA R'-"d CA 82SO4 End,Troxel 54 Pabs Imin,Lantlfie County Sannatbn Drstrra wit,E.ebn Comrol 3 279,442 10412004 &292005 1955 Wo(aman Mill Roed 582-899-741 t 562G99.7411 Whither CA 90801 Alex Me- Cdan i,senned on Devdw of IA 59 Pechsnge fhn N,Soundwall Cnyof Temecula Irrnoh.Landewln, 3 279,"2 9/812004 3/9/20W 432W Bu.n.,Perk Dr, est-5p8-.9149 707�52114503 Temecula CA 925M Bren Gael,ot J M Turner En in IHi wit.Lends 1248 Matlrson Avenue 628)471-2901 62&471-20B2 soon 87 SANTA FE MIDDLE 6CHOOL&MONROVIA HIGH 6CHOOL MONROVIA UNIFIED SCHOOL DISTRICT $ 97,55 13I912004 7126'2005 Monrov.,CA S7 U Deb,B!sntl Monrovia Umhod 6chool Dlvna 70 bodbe,1,Middle Scholl Long Seach Umlled School Dine- toiddedn,Landecain Connie. $ 233,436 21220005 S,mS55 225 Weevor Avo 562__.-7513 N!A Lo BeacM1 CA 10 N.M Chinchitla-Mee 73 Fargueen Elementary School ABC UniUotl So"Don0at lt,idot,oh.Lantlsw in Connote, $ 299.323 3114/2005 21161''ooe 1@700 Narvv Ile Boubvord -g26-SS68 714.7764340 Cerritos CA&J703 Reenn hol, Hlreeh&Aeeocbtee 78 Co-enne MMdle 9ctwel ABC Unlfwtl School 0.11. !r .1-and.-ingT CMU Well. 3 226.978 1&2005 VISIO08 18700 NorwalN Boulevard SB2 92&5568 ]14-T764340 Concrete Cxrit"s CA 90703 Robed Ka Hinctl8 A.-I- 77 Food,Middle School ABC Unified S,Dlstrtol on,Lendaw In,Concrete. $ 461,599 5/112005 M24SOOS 167W Norwalk Be.- 582.926.5586 714T7&4340 Cgnitos CA 9070 Ronan Ka- Hirsch&Associates Ir Ion,Lantlsw ,AC lee 1615 South Wall St 213-020'2D39 91 BA94-5266 @2 Hortivcope lnv.ilalwn f0f 8110 hit 0]-1VB6D4 CeB.ne Corcrne $ 291.887 &i1/2005 4l2&2008 L4e b>CA80015 AnthonyVon Cal-T.ns 84 Fremont&Suh.hina Schools R,venide UNW Schad Onto. Inn Ian,Landsca in 3 117.794 &2112005 I VI4/2005 60`A IMWiMi Ave 95t.78&7285 N/A Rrversbe,CA 82504 Eric T'.., 85 ironwood Avo Park y Lendscaping CITY OF MORENO VALLEY Irn anon,Landsca In g 118053 al20 call 1013112.5 t4325 Ffedonck St 9514/3.3488 951-413�3489 Moreno Valle CA 92552 Tony Silvan Enter rise Service.Ad.-dehon 87 Roseanne K$6chdbl Paremount School Did- 1htonon,_d.-p,n $ 111,922 712912005 4r812IX16 8555 Fbwer St SB2602-6977 NIA Poamalm CA W723 C nthn DiPaala ee Lacv Perk I"'oh-System Ranovanans CIry of San Morino Irri vwn,Landsca en 3 216.633 11114/2005 9112g16 22W Huntl on Dr 63049648 %2-9_,?00 Son Mo,ne CA 911DB Ron Serven W'IIEan W San D he,Equestrian Toell City a San Demos Dec°. ell Grande Tral,.Wood $ 315,263 912112005 42$20D6 20.9E Bonita Ave 905394.620D 951-2765607 Roll Fenw,CMU Well San Dimas CA 91773 Lau.Locket WA 90 V,s,a Cen.r Landscape City of Palm$P,nga Land- .thnitend,E,enncv 3 123,388 11/412005 71282008 MISS E Tan ultz Co-ANY 760323-8253 NIA Palm S it s CA 92262 Mlchael LyKd 91 T..-,n Rtl,Matllan LondscoPing City of Riverside Irtl elwn.Landsca In 6ronm D.m g 486322 111212005 11141200E 3900 Mqm Shoo) 951-826b591 5)51-826-5591 RlYonode CA 92522 Daniel Simmons City of Ri a de Parks&Rod 92 Le Stern Avo Med.n Lanlecepmg Cry d Rivenlde i' bit Land n.Sbm $ 422,849 11l112W5 11l&ZWB 3901"'In S1.et 95/-$26-5591 95/-826_1 Concrete,T.Ic SI nai. In edede CA 92523 Juen Ro as Sit,of Rrve.ede Pend,&Rod Irri aben,Lgndaca.,CMU Wal! 1 m ve 370 Adas A 7144384600 Sle-235.5360 93 Watson Hall Renovapon PH IV Coast Community College Desirin Concrete 3 220685 it/10I2005 121&2006 Coete Mesa CA 92626 Pit.,G, Lantlsw a Archdear Inc Irri lido LerMsw m 5160 Haskell Avenue BI&78&3303 9184i54.5266 95 101-170-13I Freeway 07.218504 CALTRANS ti 1,IW9710 VIViFI06 3/7/2008 Enclrw CA 914M Bert Pann Sell— Irn ion.LarMaw in 247M Mena St. esl-9 0155 800-985fi939 99 IrMlan Middle 9chaol V41 Vartla Unifietl 6cM1ogl Desinn $ 1,004,856 12I23120o5 3I211200] Penra CA 92570 Dan Hennes DC Architects 101 Tunle RAgo School Imne Unfied Sclwd Dnnn Irri anon L....phg 3 1130453 12112006 4110/2007 I—.CA 92618 Alton 61 Ste t50 949-502-757D 949-660-BD44 Irvine Ju Munoz EDAW MErhon,Landsca .CMU Wad, IS—Nq kSoulevard sail 2 5566 714-778434D 102 Haskell Middle School ABC Unified School Distract Concrete 3 1.189 34] 114120W 11l9120W Cerritos CA-3 Holden Key Hirsch&Assoclalas 104 Llb.ry Lendedd ding Pr Irri oo-,Landsca in 32G West Newmark Ave. 626.30It- Moot Park CA 91754 EIIBS Sa lean Paul Murdoch Architects Inr Ion,Lantlsca Tree 1525 Rancho Cene 6,vd St 102 805-375-924]EA 235 9186545266 108 Vehhed Freeways 07-2324F4 Caltrare In $ 68T,038 12a2D06 if72008 ThousarM Oaks CA P.satl Babba Cal-Trans IDS $Irn Street CRY of Norco Irnvwn,I.Indend $ 3D5,313 611y2036 11/242007 2870 Clark Ave 951-270-5632 Ml-737.1124 Norco CA 021160 Brian Petree Bexter E Mellor _ Irn Wit,LgrMaw in,CMU Well. 167W Norwalk Boulevard 582-926.5566 714,776-0340 1t0 Arises HpM1 Scholl ABC Unehetl Ed—Dennn Corcrero $ 1,131.T75 &JDi20a6 &1&200] Connedd CA 907D3 Holden Ko Hl.eh&Aldeend. III B,rhey E,emanh,Y Long Beaoh Unfied Scholl Dutnct atwn.LeMsce FI atones. 3 15.1�D0 711312006 WIS,007 2201 E.Market St 562.997.7513 562437-0041 _ Monument SI n. Lon Beach CA 90605 No ChlncnillaMee Pon of L Beach 112 Hudson Elementary Port of Long Beach Irri otion,Landsca m 3 97,895 7124/2006 12/6/2007 925 Harbor Pleas 882-09041R 562.437.0041 Lo Beach CA SOB02 Ale antra J Rues Pon of Lend Beach 115 Avenue L F.awdy Laodacape 04 of Lancaster In shoo Lendeca b Concrete, 9,Con 2,857,779 I1&2D07 &3Sf,. 14B33 Fern Avenue 881-94 WI-702-1011 Rock blenkM Lancaster CA 93534 Fen,Hum Joeod,Vwonin 118 Rednntls Sports Pork Cny of Remands IrriIx antrwin, Cocrte 3 1,914113 1117/207 3/6120B ; ad 9465 714-87I,WlS ca ill Ho,rnoy Pwklas-Rose RSI rrl eilon Lendeca 18717 Clarkdal°Ave 909.707.241t2453 NIA 120 Artee.Poh city a Aries. $ 48,868 1!1&200] 10192007 Pneele CA W701 Nae,Ib He— 121 Butlemoltl Park City of Corona it ellon,Lond $ 9p,854 1118Y2007 Blt&2W7 400E Vrcenfiq 951-7394969 NIA Corona CA 92882 Sw8 B1 s 123 P-146th St.E&Slorts HlghwaY Day of Palmtlgla Irr lion Lantleca en Concrete, g 396,010 Se 417120D7 &212000 3830051erra HI n- 681-267.5300 323.2568 51 As att Eloclrual. Palmdale CA 93550 Mike Livl atop Olee Landsca aAreMtecture 124 Whileen 8 Kenyon Park CITY OF RANCHO CUCAMONGA Irri alien,Large n ElMrkal $ I04295 4116,2007 &291 10&00 C"'Cable*Dr WRAn-2700 ip&477.2700 Rancho Cucamo CA 91729 Jon Rarch°C2amd eEn Ineeen Llwvon Irri hen Lantlsca in 904N WAlow Ave, 82&80i-3009 9q&85&1417 120 Edgewootl Academy Irregetlon Basset Un19otl School DI¢trict $ 409,775 &1R0D7 4(712009 LePuente CA 9174 Bob Jenkins GlddanI anon Go n 125 Montclea High Schur, Baser Joed Unified School D,send IM un t ,Ledon.n 3 940 719 SS,W 07 2/2/2006 4725 Benito Street 909-988.8511 851684�3901 Montclair CA 91763 Sol Guenh T,I -Cal Knn- In Iron,Landecain.CMU Well, 1370 Adams Ave 71432&8271 714CIS-4673 131 Coast Fitness Canter Coast Community College,District Concrvo,As halt 8 193,479 711612007 i&19/2007 Cove Meat CA K626 F.hN Fonseca Coent C-h,une,Cdb o Ph Iwi Fen0as Net. Inl I.n.Lantlsw In 11627 Srookahue Ave 949.867�276 N/A 132 Dooley EI4meMary School Long Beech Unified Sctrool Desmn $ 189,652 7124I2007 9/6'200T Dewne CA.241 Swe A u a Irn tun.Lantlsw m.Clam Link 111 f0 Alontlre Blind 582-6604974 &62-SSS--1 133 Cerritos College Soccer Field Ceer4w Community CalleBe Drvncf Parcel Concrero $ 454,898 7I302007 &20,2008 Narv+dk CA 90G&0 Woo Score Bovn LerM Lease 1. Rancho Palos Verdes Drive Lantlscapeng Ciy of Rancho Pa.s Verdes Irn anon,Landsca in 3 85,508 &2./007 14120Ug 30540 Hawthorn.1. 91 D>i44-5252 310839-Sit. Rancho Pabs Verdes CA 90275 St-Wood LRM Architects 135 Atha Ekmor4ary 6chool ABC Unified School Divnd Ir hen,LOMsw n Coxrele 3 d48.198 91112007 112J2008 167M Ndrvdk Edu o tl 582.755 5382 82&M-599 Cohn-CA 907W 1Edd, Annne &Walker 136 m nt Kith h School Pone-Unt School Mot- Im on,oti Lend sca n $ 187,%5 &&2007 11121 8555 Flower St NIA Pa.moum CA 90723 Choly.nthia DlI0U819d.a 139 South Pasadena Hgh School S Passdenq UneU°d School Onion Irn shoo,LaMsw ld,CMU Well $ 275 W2 l l/1/2W7 511&2pe 102Q E,Conlin Street G-q41-5810 81&841-2585 Cha.,.k Fence.Concrete S Pasadena CA 91090 Den Holm met Ado,h Zwmba AIA&Ass-d.,Inc 140 College of The Canyon-PE EPrpjed Sarno Cledd Commumy C0Uege ,r t°",land. I" 3 425,28985 12MV2007 &1S'2006 26455 Rockwell Canyon Rd 661-362-5700 81&248-5200 Santa Garde CA 91355 Pameb Evan Lavrteoce M45a B A-tortes 14l Magic Mountain Med.n Protect City of Santa Ciarrta Irte atwn,Lantlsw In.S nihatic $ 54,297,66 1212&2007 3112112.8 2920 Valens Vd 661-2a$dIX?7 805.6448697 Tun. Santa Giants CA 91355 Kew.Ton°Ian Panfic Cde.Lend Deli n 142 L1we Oak Park BallfieW RlnoVatwn Oy of TemP1Cly IM stun,Lantlsw 3 45,905 12&2007 UISDO8 9]01 Las Tunas Drn. Cedly 521]1 851.7814930 Tem Ie CI CA 9I TAO Burro its R 1-781Aace Archetena 143 Skybluo MeseES Saugus Union$drool District Irn lion Lantlsca In,Concrete, g 3W,95D 21 tl]2D0S e11612008 24830Avenua ShnMtl 626-357-9480 81B956-8101 A hall,Cheinlink Fanrs, Santa Cloth CA 91355 Smo Moba en Troller Mo rAseoc.tos Competed Pmlec6 AMERICA WEST LANDSCAPE,INC COmplalad Projects 144 SW Shall P.vara City of Norw Iht.o-an Pavers g 0W,97261 211612N8 5I912000 257D Clark Avenue ^_ 951-270-5632 NI-27D3607 a Norco CA 928W Ccu Norfolk LJA 146 Mlro Lama DMantlh C.Mar Las Angele,County Sharnf Irt orlon Landsca h $ W,214 89 211&2W8 &3110 8 451 W N_NTH 51 W 323267-2299 NIA Lancaster CA 93N9 John W MCGhudor 145 Mall Loap Road Landscepa Imprmamanta City 0 Lancaster, ;Pfgal I.a .hplhq S 289 749 W M20N ID11&2008 815 W.Ave.H 661-945M64 S49472-MrD5 Lancaster.CA 93538 Aldy Till— RBFConwlli 149 9tauson Ave County of Los Angeles Publw Woks Oapl i elan Lanaeca in Concrete. S 4B0,40607 7121M 1218/2W6 BW S Fremmt Ava 626m4N IN7 310-63&0448 Cllolnllnk Fence Monument n,EI-11 ol, Alhambra.CA 91W3 Had.H.eaan ahW Lantluape Architects IS) Joyner El—rhy.ry 3chkal San DIP9e Unread School Dina Ill htn.Canasta in.Sarin proem S 268 434 53 6,232W8 912(N2W9 46W RuBnar 81 BN 627 71 W 616-294�8484 Son Di CA 92111 Dale R u Ven ke L.MSG Architeco 151 SDUSD 3 6chooi San Drop.Undid School DINdM Irri orlon,Landsca In Chain Link Fence $ 175,292.11 6/2T2005 1212212006 488D Ruilnar 81 058-627-7108 91&294E484 Co rein San Dielp,CA 92111 Dale Ra use VOn ke Lardaca Amhr—a Ini alien,Lanaeca In.Ch.lh Link Fence. 4ND Runner 81 NII-82]-71W 61&2948484 142 Univanlry,HIBH S.. San Dine Undatl School District ENwtrlol Aa ell Carina. t 8I,429.WH 8232068 11I21I2009 San Diego,CA 92141 Jon Anielllne Van Dyke Landscape Archrtena ircl elan,Canasta 1n 1830 W Romn Dr 714-N2-75N ]14-63&2252 iN Full—College Science Building North OC Communty Coline $ TI,g1253 1/1/2009 tl&2011 Anaheim,CA g26D1 Will—Hahn Cl....h B Cl—n,Inc I even,Carq.w In 1=W RaPrha a 62&3516600 310.8N-0448 154 FUll.rton Collage New P E Fialdhouae H.hh OC C.—riq Collage t 379,13816 1/1I2WB 1/02011 Anehelm,CA 92W1 Robert Dames ahW Landscape An:hltecis 155 C01-A24N Ra 71Din Bali Garden, Cnl-Trans lion,iar,,d—phig t 111,45350 ]12&2006 &iy2(g9 ln730th St, 562,4DI 3.3 x239 11184$4-5266 S.cr.mantn,CA 9Ni6 K.Mh Than Cel.Tan. 1. 12 OC97. an Ckm.Me Cattrem Ir ahon. e.Lantlatain•Concrete,Rock Via— $ I,1N.4B731 &2&20W &112009 I57W Tustin Villa.Wa 949-27&e]14 76.772-655. C blink Fenc Tiatin,CA 927W John H.ng C.I.Thana 157 —Pasa Hra l4iddle School Summer Proles[ South Pasadena unified s—I 011nd Irri anon,Lendaca In $ 36,2N 07 0125120)0 1211&2008 102D El Contra Streot 631-51D4192 626N]�NW S.Pasadena CA"ow Norman qe mundo mlthael-Kam Amhlt— iN Artesia High School ABC Unaaa School Dlsaict Irri ben,L,hd..,,rR $ 11,1W 94 31232009 &22120W 16700 Norwalk M. N292 6 WA C-il.CA W703 Par."Ka 159 LA Nahanel Vewran Camot,ry Dopt,of Veamm Altair$ IRI tl°n $ 1,331 W 6127*O &27120N BN S S.u1vWa BIM 31D208— N1 Las A alasrn CA glID48 C this N.— i6D Easlshore Elementary JRH COnsad— Ira ation $ 8,63263 712W" &2212006 11B Wae A.r A 714-247-151D N1A Tu.O.,CA 92780 John Flury 161 Camlas High School ABC Unread Scholl Ditdcl Irn orlon,I-larka"PIN $ 42 491101 71242006 111712Ng 187W Norwalk Baua...d 582926�5566 NIA C-4-CA 90703 Robert Ko 162 Ca—Gallia Practice Falk!Renovalwn Cerrko,Community OPIWge School DMrld Irn non,Landstapen $ 6,W371 et812W6 9113I2000 4111 D Alontlre Bivd 682-890.4974 5(12�85I)4451 Norwalk CA WM Mike 6care Bova Land Lesee Irn ahon 157W uslln V11 Callram 183 12-0H'0045FWY P.teraon Chalk, $ 15,529A 20D8 10/1 D 618Y2006 TCA 927W10 way N"252-0441 Ick Va als 184 Summm Early Childhota Can. Riverada Unlfwa 3thool Dletncl Landscai $ 3,7WW 812W=lil M212008 PO Box— W1-3 �2143 NIA Rn ha.CA 92510 Kevin Hausor IN Wdodl ry Eamaniahy Irvine U.,ho School Diiacl IM ' $ 1,267 N ]2&20D8 7R&2008 'M Ne Mmest 94&B -53n NIA i,aPk CA 9 W I6 Bruce Baron I mad.B Communicadone B wirg San Bah.hiiro Community Celina Dstrid Irn Yen,Candgq ,Dawm Gmnita, S 184.17634 &Si20o9 3&2010 144 South Dal Rosa Nt-B84�5901 Iluh—hr,Etl in San Bemartlaw,CA.24W Brlan Jame NTDAhaar lake IV East Sld4 High School Sehall Plaid AmeaN Via"Jalnl Ulan High Schad Dlattlel ni non,Land—,. g 34,481.11 9/1&2006 &25/2009 446 1 Bane H N1 317-5525 323984 7155 Lanasar CA 93534 charg Callon RobartJ Clark Aaso<alea IN Ceritnl PH.Leh--8I"I.— Long Bach Community Ca1k9,Dlohlet hrladore,L.naeta In,Conant.MewCurb $ T9.247ID 101612006 12/5/2009 4NIE Carson SI W2624-4859 L Beach.CA g08W James s L nn Ce uyP i W Shalabakar RodLanaatope EnhancemanlYFraewey Sign City of Cerno. Ill teen'L.Id—In' $ 162,21965 1/1712M9 BI112008 181258aomfiehl Ave N2-rll—a� Genii's,CA N7W Totltl Kuhh Mich.al Lamoaldl 170 Cha1Mn Hlll Coil.p. San B.rmrtllno Community Colag.Dalrlct t 61 [tare,Lantlea In 114 S Del Rosa a. 951-232-N,13 213-629 9,N4,71 i111012Dpe 3131201D San Bernardino,CA WHIM R.Chanmar Staaber Architects 171 Fadd.Ei.maniary School ABC Unread S—i Disth. Ini euon,Untleca In S 8,M1 31 1&2I20N f2/120W 187DO Norwalk Boulevard 562926-55N NIA Carrftos CA 9070 Robert Key 172 McNair Elmenary School Compton Unread Sch-I dstrlct Irn ellen,1-ald—plOg $ 247 n4 91 I V4120D8 11212009 429 S Oleander St 626-5923%4 Coin CA W220 Scott Adam. 173 Imparal HlgMvay CI"ar w a Irri bon,L.ndxe in $ 35,79355 I&14r20W V24/2ND 1224O WOod REvo. N26W.13977 NIA Down CA90241 Shmvn 6M. 174 ABC M.lPP ante Yard Tree Removal ABC Uhftd School District Thee Ramovai g 4,311 53 1011420W IW1 2009 iB]W Norvslk BouavaN N2-928-55N NIA Carlos CA 907M Robert Ka 175 07—Rte 91 Car— Cattrans Irtl wn,L..d—p, t 61,SWN 1/24/2BCB 4/112010 172730ih Si. N2.401-3333 x239 918654-5266 Socre —,CA 0916 K.iven Tlan CohTrene 176 Burbank Elementary Scheoi ABC Unified School Disthd elan,La—P'Pg $ 146934 12rM20X y1M2Wg 157DO Norwalk BOukvartl 562-92&NN NIA Caartos CA OOM RPPaA Ka In 210 Froewey5 Freeway Yernei p ROxford Sylmar Mcaughhn Erginaenng an.LaMzca e t 538,791,N 1211&2 1212&2009 40641 Fulton Ct. C.ttren. Rancho Cucamo a,CA 9In0 Jae Mclou hiln 178 North Bullpen COnslr.d. Riverside Unified School Dismp Install DG P4then mounds t 9,BW W 112412009 113112008 W70 W.shin ton Et NI�Tn 643 NIA R...CA 92504 Kevin Hauser In Slonagala Elementary School IMna Unread Sthool District Imauon.laidsca en 3 420,3W 99 1131/2— 1112e/2— W50Banoncapehkwa 84993&4046 949CN-8191 IMna,CA 9:. James Bert PJHM Aich—. IN Yr.Lila.High Schaal Placenhe-YOrba Linda Unefatl School Daind ,, flan,Landsca $ i 6N 854 47 113112009 3131;2M9 1W,E 01a thorpe Ave. Dared Ga.. 909-N7-DN9 PlacaMla CA Wlln W6-844.6W4 WLC Architects D 182 El—Park Cry of ah. IM ion.Larasw ,Masan.Fa store P.Ang,OG $ 5 193484 31112010 1I172D11 L WO Nut man Dr 826-357-7931 323-0221 Duarte CA 810103592 Steve Esbenshada Slue Gioon 163 WoodMla9a High School Makah-tlon Irvine Unl6atl Bckool Darns& In span,Candace S 58,NB.W M1Y200g 1212'201D 5050 Bahenca-klaly 949p26151W ..9 71OWO Irma.CA a Tam H.khay 1BP1Achdectua i86 07a2N2 Cettram Irn lion.Landsca S 114,732.N 719200g 1129/2010 172 Mh St 816637-25W Cattrans Sacramento.CA BN16 Kln Kwan IM d.,Cantlsca Garo a 172730t1i St 85&467-4008 car— iN 1 1-2 01 71 4 Cattrans Can—H,pevin.Aa att PP.—nn Fend t N2,579]9 7I2HI2009 12172012 Sacramento.CA gN16 John Hurtze 190 Suaat Elamanary Hacienda Ca Narita UnIll.Sohooi Datrkt Irri.Ilan,L.nd—i,ii $ 322,856 21 911412009 2M,2010 15858E Gale Ave, 826mW3417N NTD Architecture CII of lnaust,CA 91716 Rabart Wilcox 9N 4502100 194 Le,selatta Elik-harry Hacenda La Punta UnRiea Schaal Dialna Irt.[lore,Lontlaco g 3N,04241 81102009 2512DiD 1 E Gate Ave. 826-933-6]OS NTD Amhitxture City of lntlust.CA 91716 Rabart Wil— 90245 2180 1N La Kara.Regional Palk City of La Mirada H teen,Landsca 3 29,15631 1118/2010 V171NIO 13515 Phoebe A. Ga 6enu1 WJidan La Mirada,CA 006M 582.9l 7149786200 Cantlsca ,Irn ion,A haft Pave,•Concrete IobW CM.Caner Dr. Romoo David Amhearra IN Baseline Road Parkway Lantlscapa City of Rancho Cucamonga Eaclrical t N,4NN ilt&2010 31&2010 Rancho Cucamon ,CA 91]30 909-477.2740 909-084-28W IN Columba Avanua B Iowa Avenue City R—kia Re—to Palm Tfcea $ W,78952 112&2010 3I5.2040 3B00 Mein Sir.. JuanR a. NIA Riveraaa,CA 92522 714-43&48W 2W Sanlago Creak Bike Traii CRY of Orange Hal ve Habitat Resia.r., $ N,96410 112612010 Zl V2010 E Cha man Av. Alan Tmwi NIA Oran e,CA 928N 714�744�5N6 201 RouteW @Indana Cattrans Irr'ation Re— g ),331,02 129l2010 1/W2010 1727 Mh St 94&252-1 Callrens Sacramento,CA N616 Dick Vo ea 203 Imperial Aghway City d Downey hhahon,Landsca t 675,N149 TBD 1W2112010 I I"I_k,hero Avenue Dasl G.— APA,Enineen DO ,CA OM41 N2-922-34N WIN. 204 Brentwood Park City ar Cosfa Mesa I ahon.Lantlsppa,Contra[. $ W W3 N 411512010 712&2010 77 Fair Dr B.rt Ma a COsre Mesa En inearin Orveswn Costa Mesa,CA 92628 714754-2 714-)59-5291 2N Los Robles Academy Hacienda W Puane USD th"paro,t.aidsw e,Conch& $ W8,W 17 &82010 &&2010 15959 E Gas Ave Robert Wig... NTD Aahba.a. hia. ,CA 91716 826343-39N gO9971-&544 Irn [ion,Landsca ,Concrete,FantO 4W South VrcOnta Ave Steve Lawson La.Concern 2W Era—Pall Baufieitl CdydComm $ 131,21764 4I52010 &&2010 Comm,CA 92N2 N1-]N-2N9 944250-4822 207 IMI—.laa Conran$ E—On Conhai $ 121,N40 &12/2010 312SlNIO Calhans 210 &mane I—Plairate Paid Renavne0n Nftr b.ck Vail,Unlil.d School Dstrict Lentleca .Irn tan.Sod Puhroraln $ 135,061,48 81112010 8R7lH010 25N1 Peter A.Harlrnan Way Andrea Alarantlar Mission Vie a,CA 92N1 94DSBD-3312 211 I1A18 PP,B Cattrans Land—pa.I, wn,TrN PI,na,g $ 1W,5W 00 1&6'2010 IIf222010 1727 Mh St Callum Sacrament,CA 9N16 212 09-0E5704 Emeigenay Welk Cattrans Irn OtwnR locamenl g 39.79343 41112010 &712010 I727Wlh St. Canton' SecF50F!, .CA 9--- 213 101BCahxier Canyon Car— lm,..n $ NON 41292010 112111 172730th St Celtnna S—T MT CA9N16 214 KauemaNDwdFry Improvement,8 Faestona M6Liana CIry d3ouM Goa L.ndswo.Irrianon $ 263,23769 7142010 111212D11 BN Caiifomia Ave Aan dhanl Withers&San ion South Gate,CA N2134) 626-7B 154 et8-291�02W 218 Sputa Eamehhary 8 Middlo School, Hacantl.-La P—to Unload School Dams[ L.hdsca..Irri ahon,Asphalt Pavi .F..Ir, $ 980,117 65 &2201D 2212011 1SNII E.Gale Ave Robert Wilcox 909g85-6.939 COncrea.Omens lntlust,CA 917111 62664339N DC Arohrtecta 217 State Shirai Ohdwap, City d Radom. Lantlsw dean 3 74AN 59 827/2010 ",2011 35 St Suae ISA Beos.r11 M Atr —r 7144396600 Rolland$,CA 82373 N9-14 2 Manna Deal n Grou 21$ Thai—Drop M Cemle Orange Coast Community Collage DaMc1 tahtlsca ,Irn alloy $ 7,584 24 &142010 _,,10 1371 Atl"'Ave Saen RNdi OCCCD Dosb Mesa.CA 92628 714-432-55W 220 Baseline geed and Foothill BIM Beautification Ciiy,of GleMore Conchata.Rock Cobbs,Perers $ 97,562.26 12l&'2010 1I1S'2011 i l6 E.FootMil Blvd Dabble Wood CIry o!G n i.ndora Gl.ndaa,C491>41 62691482N En lrwaOMwon 222 Spacial Serncas 6ulld Coast Community Coi Ore na e.DOncmla 2]Ot F aaa, Rtl Sean Riven rep ag.Diemct S 34 820 09 1/242011 21112011 Costs Mesa,CA 92628 714A3255N 1 DoON Cwnmunrt College Dlsincl City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For WATER WELL#2 LANDSCAPING NORTHWEST CORNER OF EDINGER AVE AND SPRINGDALE ST, C.C. NO. 1398 in the CITY OF HUNTINGTON BEACH May ,2011 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) The Reduced Pressure Backflow Prevention Device, including fittings, pipe, and any other appurtenances, shall be 1 1/4". In addition,the main feed pipe from the 1" meter to reduced pressure backflow device shall be a SCH 40 PVC 1 1/4"diameter. F This is to acknowledge receipt and review of Addendum Number One, dated May ; 1011. 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 call Joseph Fuentes at(714)536-5431. CC SAFECO Insurance Company F33 S A r E C Cr PO Box 34526 Seattle,WA 98124-1526 FIRST NATIONAL SURETY BID BOND KNOW ALL BY THESE PRESENTS,That we, America West Landscape, Inc. of 15086 La Palma Drive, Chino, CA 91710 (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 Water Well #2 Landscaping From Northwest Corner of Edinger Avenue and Springdale Street 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 13 th day of May 12011 America West Landscape, Inc. (Seal) Principal Witness Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA See attached notary acknowledgement WitnesAs " L ' 210Z,4 B Cyn( is J.Young f Att ey-in-Fact S-0053/FNEF 10/99 ®A registered trademark of SAFECO Corporation FRP . . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof On beforeme, Date N.�e ndl/Title of the Officer personally appeared Narne(s)of Signer(s) who proved tomaon the basis of satisfactory evidence 1u be the penson�) whose nampt) ia/a� aubmcribed to 'the within instrument and acknowledged to me that he/sheAl;sy executed the same in his/h**4hairauthohzed capaci \ and that by hia/he*Ah*tr ai0no1ureLs) on the instrument the penaonN. or the entity upon behalf of which the panson(;qacted. executed the instrument. .1997 � ^~'''''—_| \�u 'coV�or»`o � | certify under PENALTY OF PERJURY under the laws No�ory 'u" � � ''- - 'Los Angeles' e\es county - of the State of California that the foregoing paragraph is �p°"'�~^- — true and correct. WITNESSd afficial seal. �A_ p/="mm°,vSeal^um= - Signature w Notary Public OPTIONAL Though the information blo uired by law, it may prove valuable mpersons relying on the document and could prevent fraudulent removal and reattachment o/this form to another document. Description of Attached Document Title or Type ufDocument: Document Date: Number ofPages: Signer(o)Other Than Named Above: Copeoity(imm) Claimed bVS\gner(m) Signer's Name: Signer's Name: [� Individual [j Individual [] Corporate Off ioer--7ldo(a): O Corporate Officer--Tb|e(e): El Partno —El Limited '__tGon*m| Partner—:11Limited EGenond O Attorney in Fact :4; Attorney in Fact lb;D of thumb here Top of thumb here [] Trustee Ol�u�mn [� Guardian or Conservator [] Guardian or Conservator [] [uhoc [][xkec Signer|a Representing: Signer \a Representing, CALIFO,RR!IA ALL-PURPOSE ACKNOWLEDGEMENT a State of California ss, County of San Bernardino On May 13, 2011 before me, Pamela McCarthy, Notary Public Name and Title of Officer(e.g. "Jane Doe,Notay Public') personally appeared Cynthia J. Young 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 executed the same in her authorized capacity, �.: and that by her signature on the instrument the IYj person, or the entity upon behalf of which the person ; r; 0 )9 =' acted, executed the instrument. ?;l I +`G:` '!� SAN'BERNARnIhi�0 CO:iNTY h MAy Comm.Expi. 111'ud:30,2014 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. $1gnature 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: CI Individual • Corporate Officer Title O Partner -- 13 Limited O General Top of thumb here Attorney-in-Fact 0 Trustee 0 Guardian or Conservator Other: Signer is Representing: 3863 STATE OF CALIFORNIA DEPARTMENT OF INSUXkNCE SAN FRANCISCO AMENDED Certificate of Authority Tars Is-ro CERrmy, That,pursuant to the Insurance Code of;the State of California, FIRST VATIONAL INSURANCE COMPAKY OF AMERICA of SEATTLE, WASHINGTON , organized under the laws of WASHINGTON ,subfebi to itt Articled of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to aft provisions of this Certificate, the following classes of Insurance; FIRE, MAR.TIZE, SURETY, ,PLATE GLASS, LIhBILITY, WORM RSI COMPENSATION, COMMON CARRIER LIABILITY, BOILER AND MACHINERY, BURGLARY, CREDIT, SPRINKLER, TEAM AND _ VEHICLE, AUTOMOBILE, AIRCRAFT and MISCELLANEbUS as such classes are now or may hereafter be def•fined in the Insurance Laws of the State of California. Tms CLmm7za&Tx is expressly conditioned upon the holderlhereof now and hereafter being in full compliance with all,and not in violation of any,of the app�ioable lauu and la�requirements made under authority of the Iowa of the State of California at tong ar such laws or requirements are in effort and applicable,and as such laws and requirements now are,or may hereafter be changed or amended. Irf Wrtz+= Ws nmr,e�fectioe at of the._..... _day o f- JAI}u are' , 18.29-, I have hereunto set my hand and caused my c�icW seal to be afted this z4th.._ day ot— Jmug= —SIB 9 Toq T. FiRER By Do" NO Qualification,with the Sa=otaty of State must be accomplished as rcquLmd by tho Callfornia CorporaLW=Code proinpfly after iuuatma of this CartiBeate of Authority,Fa3]ure to do 4o will be a violation of Lie. Coda fix.701 . and will be pou=ai for revoking tbie CertMeate of Authority pumuadt to the cavemats made in the appli moon thardw and the conditions comtafned heroin. FepM Cc-s own-M r."ao our m sec THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 3057786 , 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 R FREEMAN, PAMELA MCCARTHY,CYNTHIA J.YOUNG,.LAURIE B. 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 attorney-in-fact to makei execute, acknowledge.and deliver,for and on its behalf as surety and as its act and deed, any_and All undertakings,' bonds, recognizances arid._-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 Ifthey had been duly signed b the resident and attested b the secrets of the Company in their.own proper persons.Y P Y _ ry .. PaY� .. .P. P _ That this power is made and executed pursuant to and by authority of the following By-law and Authorization: cc ARTICLE IV-Execution of Contracts:Section 12.Surety Bonds and Undertakings. ; W 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 �. Q 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 d execute,seal,acknowledge and deliver as sure an and all undertakings,bonds,recognizances and other sure obligations. Such attorne s in- �9 surety Any 9 , 9 � surety 9. 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 Cexecuted,such instruments shall-be as binding as if signed by the president and attested by.the secretary. cc L By the_following instrument the chairman or the president has authorized the officer or other official named thereinto appoint attorneys-in-fact: C _ O d Pursuant to Article IV,Section 12 of the By-laws,Garnet W.Elliott,Assistant Secretary of First National Insurance Company of America,is authorized 3 N d to appoint such attorneys-in-fact as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety 0W O R any and all undertakings,bonds,recognizances and other surety obligations. > That.the By-law and the Authorization set forth above are true copies thereof and are.now in full force and effect:. O c d M IN WITNESS WHEREOF, this Power of Attorney has.been subscribed by an authorized officer;or official:,of the Company-and the corporate seal of Q O.L First National Insurance Company of America has been affixed thereto in Plymouth Meeting,Pennsylvania this 13th day of August 0.0 L — L '2010 a) Fa di O p+; ykr FIRST NATIONAL INSURANCE COMPANY OF AMERICA a 0 d raga Garnet W.Elliott,Assistant Secretary - O d G COMMONWEALTH OF PENNSYLVANIA. : "ss COUNTY OF MONTGOMERY ;a d O e"�a On this 13th day of August 2010 before me, a Notary Public, personally came Garnet W. Elliott, to me known, and >p 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 d 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 > 4) direction of said corporation. E Z v IN TESTIMONY WHEREOF avo to subscribed.my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year 0 p first above written. , r� c�*- �. NotaAaj Seal F ft ! Teresa Pastells,Nctar;P b4c By 12 r: c ty curb Try., Aoq,n3ry Tere a Pastella,Notary Public OF `ry C5,wnissan Eypi•es Ma,,2a,:0:s CERTIFICATE _ Marnber,Pennsyivanix A;n ocja.0 rf Nrtares I,the undersigned,Ass �®�.. - g st'National Insurance Company of.America,do hereby certify that the original,power of attorney of which the foregoing is a full,true r _ y,is in full force and effect on the date of this certificate;.and I do further certify that the officer,or official who executed the said power of a is an Assistant Secretary specially authorized by the chairman or.the:president to appoint attorneys-in-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 duly called and held on the 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. IN T MONY WHEREOF, I have hereunto subscribed my na xed the corporate seal of the said company,this3 _ day of SEAL ryz$ By David M.Carey,A distant Secretary ® City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 0 (714) 536-5227 ♦ www.huntingtonbeachca.gov I,1909� Office of the City Clerk FB.IA t Joan L. Flynn, City Clerk September 2, 2011 Aramexx Construction 6251 Schaefer Ave., Ste. K Chino, CA 91710 RE: CC-1398 —Water Well #2 Landscaping Enclosed please find your original bid bond for CC-1398. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure g8$1pm06tn 7nU*tDpd iIo* Waitakere,New Zealand Aramexx Construction ► � ; ►; ,; 6251 Schaefer Ave. Suite K Chino, CA 91710 f:.. .. ;.: City of Huntington Beach City Clerk 2000 Main Street, Znd Floor Huntington Beach, CA 92648 " Sealed Bid" for WATER WELL #Z LANDSCAPING in the CITY OF HUNTINGTON BEACH - ®® NOT ®PWN WITH REGULAR MAIL SECTION C PROPOSAL, for the construction of WATER WELL 42 LANDSCAPING from NORTHWEST CORNER OF EDINGER AVE. AND SPRINGDALE ST. CC No. 1398 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 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract -documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Z10 &W-0in the amount of$ 10 Vc, ()which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For WATER WELL#2 LANDSCAPING NORTHWEST CORNER OF EDINGER AVE AND SPRINGDALE ST,C.C. NO. 1398 in the CITY OF HUNTINGTON BEACH 1y 6,21'1 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) The Reduced Pressure Backflow Prevention Device, including fittings, pipe, and any other appurtenances, shall be 1 1/4". In addition,the main feed pipe from the 1" meter to reduced pressure backflow device shall be a SCH 40 PVC 1 1/4"diameter. This is to acknowledge receipt and review of Addendum Number One, dated May 6, 2011, Aqmt-)k 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 call Joseph Fuentes at(714)536-5431. PROJECT BID SCHEDULE CC-1398 tem:: stfmat ;Ezte�de ...t.. X De tit : .::; ::>:.'::; >.::<<::' : JBrd gym. s..>r A. off..,.... ti ;:IJrrrt.F.ice>::::: .....ourit::: ................. . . 1 1 Mobilization LS $ AQQ6 $ 124CDO — 2 1 Remove and Dispose of existing Metal Guard Rail LS $ 21,om $ �,006 3 1 Install new I"water meter and 1"service per HB Std.Plans 109, 602,606,and 606A including all appurtenances,trenching, LS paving,AB,and connections $ �Zt $ 4 1 Install solar irrigation controller enclosure cabinet per HB Std. LS Plan 722 including controller,rain gauge,cabinet,enclosures, $ r pull box,and all other appurtenances and connections 5 1 Install all Irrigation mainline,laterals,heads,valves,wiring,and LS couplers per Irrigation Plan and HB Std.Plans 700 Series $6,opD — $ 3o,evo 6 1 Install reduced backflow prevention device per HB Std.Plan 701 LS including cage,valves,and all other appurtenances and $ qc go-- $ I(JT© _ connections 7 1090 Remove and replace existing improvements with dyed decorative concrete per specification and HB Std.Plan 217(4"thick and SF $ $ scoring) 8 1 Remove and Reconstruct Curb Access Ramp with Truncated Domes per Caltrans Std.Plan A88A(includes slot pave,AC 2 qe0 EA pavement,AB,any adjacent curb and sidewalk) $ $ Z'q�6 9 275 Remove and Replace existing existing 8"Curb per HB Std.Plan 201 (includes slot pave,AB,AC pavement Type'B-1") LF $ $�_ $ 10 755 Remove and Replace driveways per Cal OCPW Std,Plan 1210 SF and 1209 with 4"lip(includes curb,retaining curb,slot pave,AB, $ $ 3D AC pavement) --=-- C-2.1 PROJECT BID SCHEDULE CC-1398 tem::Estama# Exfiexirlecl < t::: >:: ;:: :: . $' X N�1;: uanti P......... Unrt:.Frace..:.....:Am.Qunt.:.:.:. Q. #y. 11 2935 Remove and Replace existing improvements and replace with SF Sidewalk per HB Std.Plan 217(6"Thick;includes retaining curb $ bo $ as required) 12 2790 Remove and Replace existing improvements and replace with Sidewalk per HB Std.Plan 217(4"Thick,includes retaining curb SF as required) $ 13 2750 Remove and excavate all existing improvements in landscape area 33"deep including soil and replace with Class"A"Topsoil,30" _ SF $ deep including rough grading and soil preparation 14 2750 Purchase and install 3"thick engineered wood fiber chips in SF landscape area $ 15 215 Purchase and plant 1 gallon shrubs per HB Std Plan 712 EA $ B-S-b $ 3;3�Z,sa 16 40 Purchase and plant 3 gallon shrubs per HB Std Plan 712 EA $ 75-,)-V $ lo20 17 9 Purchase and plant 15 gallon shrubs per HB Std Plan 712 EA $ ��' 18 4 Purchase and plant 24"box Palm Tree per HB Std.Plans 714, EA 715,716,and 719 with 1 year tree gaurantee period $_ i�� ...- $ 19 11 Purchase and plant 36"box Palm Tree per HB Std.Plans 714, EA 715,716,and 719 with 1 year tree gaurantee period $ j!.Z t70 $ 13,Zoo— 20 1 Fine Grade/Cleanup of Landscape Area LS $ Si 4a' $ l 01'O C-2.2 PROJECT BID SCHEDULE CC-1398 terii::Esf(mates}.::::::::::::::::::::: : ::.::::::::: :::::::::: xteiide[l:: Bui Xt�tn I1esc�r�pt�on ............. N.o :. .Quantity:: ....... .......... ....... .... ...... 'rice::: ........uiif:.::: 21 1 Provide 90 day plant establishment LS $ 11500-- $ 1,00. 22 6 Remove and Replace Traffic Pull Boxes per Specifications and EA adjust to final surface(size denoted on plans) $ 23 10 Remove and Replace Traffic Loops EA $ 300 — $ 3,000 24 1 Furnish Traffic Control with Plans LS $ -Z Y00 $ 0 25 1 Install gravel pit with 2"diameter gravel wrapped with filter fabric(6"width x 24"depth X 70'length)as shown on plans _. LS $ i'.�0~ $ 1'�D beneath engineered wood fiber in landscape area Total Base Bid Amount in Figures: $ S Total Base Bid Amount in Words: av vy�� __„�, _E . __�/vv i > ,u oAyEF- C[ ^tj C )— All associated work, labor, materials and bid quantities to construct the Base Bid portion of CC- 1398 Water Well#2 Landscaping as depicted on the plans and/or specifications shall be included within the Total Base Bid Amount and no additional compensation will be allowed therefore. The Total Base Bid Amount will be the basis of award. ALTERNATIVE BID ITEM fact fled Item :E.....fed: .............. ........... #em .....:...... ...... ...... ..: ... ....... i . -c .A auni€::: :: n%t:Prt e.... . . ......:....:.......:.:....... anti I?e x hc� . ................. .................................. Al 1090 Added cost to Replace 4"thick dyed decorative concrete with 6" SF thick dyed pervious concrete per Specifications $ 'J $ Z�eK Ir C-2.3 FIST 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 VeC7146tt- -1-P�+F7C tOOfJ 11-J-4 tJ 1� S-2Trc 6-32 �•rV4 �f�rN C� tk- �odt�G�-� GCid�e'✓� � CA JT-)t-o,& Litt,eLu Gc�s C•Tl2J Go P 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 SW Lis S ut-k lUV�Z , being first duly sworn, deposes and says that he or she is wyy% t y of R94A�-N)( 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 Signat f Bidder CNc ►o CAS-- Address of Bidder S-ubscribed•aiid-sworri-to-before-me-this-------------—day-of- .__, 201_ . cr.19Ve NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA JURAT WITH AFFIANT STATEMENT rJ See Attached Document (Notary to cross out lines 1-6 below) G See Statement Below (Lines 1-5 to be completed only by document signer[sj, not Notary Signature of Document Signer No.1 Signature of Document Signer No.2(if any) State of California County of San Bernardino Subscribed and sworn to(ovaffirmed)before me on this 17 day of May . 20 11 . by Date Month Year (1) Salim Samour Name of signer R.G.SAMOUR Commission# 1932191 proved to me on the basis of satisfactory evidence .® Notary Public-California Ia to be the person who appeared before me (.) Z . San Bernardino County My Comm.Expires Apr 10,2015 (and- (2) Name of Signer proved W of satisfactory evidence to be thed before me.) Signatur of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent e e fraudulent removal and reattachment of this form to another document... Top of thumb here Top of thumb here Further Descrlptton of Any Attached Document Titie or Type of Document: Non C o 1 1 u s i on Document Date: Number of Pages: Signer(s)Other Than Named Above: 02007 National Notary Association•9350 De Soto Ave.,PO.Box 2402-Chatsworth,CA 91313.2402•www.NationalNotary.org Item 85910 Reorder.Call ToU-Frae 1-8004 76-W7 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 WATER WELL #2 LANDSCAPING, (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 h,ho, by reason of experience or instruction, is familiar ivith 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. L Contractor D By �. �_ Title Date: l'_ 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. 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 5 By Title Date: C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: -&V-A)AtXxvC Bidder Name Business Address U0 C & qNO City, State Zip (q Telephone Number State Contractor's License No. and Cass Original Date Issued Expiration Date The work site was inspected by L1DrLj1 ✓hour of our office on ��`� �2T, 201 . The following are persons, firms, and corporations having a principal interest in this proposal: C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. �Ntt K W_44Tg uoo. Com any a e Si nat re i der C A"WYZ- , Printed or Typed Signature Q iherrti od-� 7 �. o e ore me�'Cfis dayo"f —�,-n�- C5 ) 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. Cry c� Poµo * Ws S. 6Ayveq Nt. , boca-P� 64 g n).�Ci . Name and Address of Public Agency Name and Telephone No. of Project Manager: "!S0&-Q0E1\J MOPG Clog (02c .4 _6 v 20l l ct Contr Amount Type of Work Date Completed 2. 1 `l l am ;��--1-lGt C'�I,W C�rCC, 0At,_A_(� Name and Address of Public Agency C2 Name and Telephone No. of Project Manager: Lt-ib qAp�o sr- SgtJvDz jfcb. 2 21y3 1 . 0 l3 .G pA-rLv< W00A 2.c))U Contract Amount Type of Work Date Completed Name and Address of Public Agen y t Name and Telephone No. of Project Manager: ] E'1 ,� � �1 2,CYq a2, `6 1 T Contract Amount Type of Work Date Completed C-9 CALIFORNIA JURAT WITH AFFIANT STATEMENT 6 See Attached Document (Notary to cross out lines 1-6 below) C See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary Signature of Document Signer No.1 Signature of Document Signer No.2(if any) State of California County of San Bernardino Subscribed and sworn to(or-affim;ed)before me on this 17 day of may , 20 11 . by Date Month Year (1) Salim Samour Name of Signer R.G.SAMOUR proved to me on the basis of satisfactory evidence Commission# 1932191 to be the person who appeared before me (.) _ Notary Public-California I San Bernardino County - [ ^'�— ' My Comm.Expires Apr 10,2015 Name of Signer proved to me on the basis of satisfactory evidence to be the p ap red before me.) Signature Si tune of Notary Public Place Notary Seat Above OPTIONAL Though the information below is not required by law, it may prove jj� a, valuable to persons relying on the document and Could prevent o o fraudutent removal and reattachment of this form to another document. Top of thumb here Top of thumb here Further Description of Any Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: �02007 National Notary Association•9350 ce Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationWNotary.org Item N5910 Reoftfer.Ca9 To1i-Free 1.80G-676-6827 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Aramexx Construction as Principal, hereinafter called the Principal, and the Western Insurance Company, a corporation duly organized under the laws of the State of Nevada, as Surety, hereinafter called Surety, are held and firmly bound unto City of Huntington Beach as Obligee,hereinafter called the Obligee, in the sum of Ten Percent of amount Bid Dollars ($ 10% of attached 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 Water Well #2 — Landscaping CC No. 1398 — Landscape and Irrigation — Edinger Avenue and Springdale Street NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing and give bond with good and sufficient surety, 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. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. Signed and sealed this 12th day of May,2011. Aramexx Construction (Principal) (Title) Western Insurance Company (Surety) Susan C. Monteon (Attorney-in-fact) WESTERN INSURANCE COMPANY POWER OF ATTORNEY 11272 KNOW ALL MEN BY THESE PRESENTS:That WESTERN INSURANCE COMPANY a corporation organized and existing under the laws of the State of Utah and having its principal office at the City of Sandy,in the State of Utah,does hereby constitute and appoint Janelle L.Tuominen,Jeff Aase,Susan C. Monteon Of the STATE OF UTAH its true and lawful Attomey(s)-in-Fact,each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,contracts and other written instruments in the nature thereof on behalf of the Company in its 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 said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal,duly attested by the signatures of its President and Secretary,this 6th day of December,2010. WESTERN INSURANCE COMPANY `NgURq o�,Fo (Signed)BY—Al"- q a SEAL President # 1994 of UtPa } (Signed)By dG� ,getf Secretary STATE OF UTAH On this 6th day of December,2010,before me personally came DICK I&TTMAN, PRESIDENT of the WESTERN INSURANCE COMPANY and ALICE A.MOLASKY ARMAN,SECRET,I%Y dV§aid Company,with both of whom I am personally acquainted,who being by me severally duly sworn,said,thpit a said DICK L.ROTTMAN and ALICE A. MOLASKY ARMAN were respectively the PRESIDENT and tlR TARY off WESTERN INSURANCE COMPANY, the corporation described in which executed the foregoing PowwA Attorney,that,t >ach knew the seal of said corporation;that the seal affixed to said Power of Attorney was such<Orate seal,that i wii;"s*affixed by or�,, kf the Board of Directors of said corporation,and that they signed their names tpo gXp-by like order w,PE' I ENT and$I` L�TARY,respectively,of the Company. My Commission expires the st'41 in April,2 0��1 NO ..................................................... mrMCIAA.LEfSON i '.� NotayP.bk SM-fNevaaa � 5]gned) �.:(. Notary Public ;Premm�axx:,tnmw.a+ue�ounry 1 ' .•.• 1lc.'k`.�N.':-i f.Aum Musl.:Oti I ` 1 ......................................................• {�. This Power of Attorney is grant e�l`de nd by authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPA'V on December 6,2010. RESOLVED, that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings, contracts and other instruments relating to said business may be signed,executed,and acknowledged by person or entities appointed as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the President,or a Vice President,jointly with the Secretary,under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the seal of the Company maybe affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorneys)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and,unless subsequently revoked and subject to any limitations set forth therein,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 validly attached. RESOLVED,that Attomey(s)-in-Fact shall have the power and authority,unless subsequently revoked and,in any case, subject to the terms and limitations of the Power of Attorney issued to them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I ALICE A.MOLASKY ARMAN, Secretary of the WESTERN INSURANCE COMPANY,do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on December 6,2010 and that this resolution is in full force effect. I,the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof,I have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this 12th day of May 2011 s/ ae0 4. Secretary p�sU 3�oPpwLr`b �3 SEAL g 1994 sT4JE OF�* CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California San Bernardino County of On Gip before me, Rita Samour, Notary Public ate Here Insert Name and Title of the Officer Salim Samour personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(*is/are-subscribed to the within instrument and acknowledged to me that he/sheAbey-executed the same in his/befAheir-authorized R.G.SAMOUR capacity(ies)7 and that by hi^'"^�'�,,,> signature(i4 on the Commission*1932191 instrument the person*, or the entity upon behalf of Z : Notary Public-California San Bernardino County which the persons)acted, executed the instrument. M Comm.Ex Tres Apr 10,2015+ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES my ha nd o ial seal. Signatur Place Notary Seal Above OPTIONAL 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: Bid Bond 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 77 ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee Top of thumb here r;Trustee ❑ 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.NahonalNotary org`Item#5907 Reorder:Call Toll-Free 1-800-876-6627 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Bernardino On May 12,2011 before me, N. Cruz, nota[y public Date Here Insert Name and Title of the Officer personally appeared Susan C. Monteon Name(s)of Signer(s) who proved to me on the basis of§gtisfactory evidence to be the person(s) whose name(s) ' rj6 subscribed the within instrument and ackn ledge to me that h6/ to they executed the saR in M/ er h6ir authorized capacity(ies), and that by his/ /their si nature(o on the instrument the N.CRUZ person($), or th entity upon behalf of which the person($) N L COfv9 #1883078 acted, executed the instrument. Notary P IRDINI COON a I certifyunder PENALTY OF PERJURY under the laws of SANf3ERNARDiN000UNT! the Stte of California that the foregoing Cantu. DUNE 18 201d g g is true and correct. Witness my, nd official seal. i i Signature r' Place Notary Seal Above Signature of Nota Pul( 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 lop ❑ TrusteeMoof ❑ Guardian or Conservator ❑ Guardian or Conservator Top th7here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: O 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www..Nationa[Notary.org Item#5907 Reorder:Call ToIFFree 1-800-876-6827 ® City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 4 www.huntingtonbeachca.gov `fer�;99a°` Office of the City Clerk ® Joan L. Flynn, City Clerk September 2, 2011 DD Systems, Inc. Danny Daher 1199 Edglewild Dr. Glendora, CA 91741 RE: CC-1398 —Water Well #2 Landscaping Enclosed please find your original bid bond for CC-1398. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure s��9► tIIzm� j�o�� o® Waitakere, New Zealand 1'- , DD 3'/STEM a INC, 11 DANNY DAHER 1199 ENGLEWILD OR. / GLCNDORA. CA 91741 k V\' 1 �-Ci SECTION C PROPOSAL for the construction of WATER WELL 42 LANDSCAPING from NORTHWEST CORNER OF EDINGER AVE. AND SPRINGDALE ST. CC No. 1398 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Scaled Bids, the undersigned hereby proposes and agrees to perforni 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 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work--site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find ;d 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 �er' -nature d 57 -2 V PROJECT BID SCHEDULE CC-1398 Item::Estema.... :: Bit Xtetii:Descriptkc�n:::»:: ::: : No.: :Quantity>:.: knit.FrWc::....,.:A ortnt.:.:.:. 1 1 Mobilization 2 1 Remove and Dispose of existing Metal Guard Rail LS $ ;Z $ ' zo 3 1 Install new 1"water meter and 1"service per HB Std.Plans 109, LS 602,606,and 606A including all appurtenances,trenching, =� $,24� $ a paving,AB,and connections 4 1 Install solar irrigation controller enclosure cabinet per HB Std. LS Plan 722 including controller,rain gauge,cabinet,enclosures, $ (—�, - q!5—o / $� / pull box,and all other appurtenances and connections — 5 1 Install all Irrigation mainline,laterals,heads,valves,wiring,and LS couplers per Irrigation Plan and HB Std.Plans 700 Series $ . $ 6 1 Install reduced backflow prevention device per HB Std.Plan 701 including cage,valves,and all other appurtenances and f - LS connections $ $ cs 7 1090 Remove and replace existing improvements with dyed decorative concrete per specification and HB Std.Plan 217(4"thick and SF $ 6 _ $ -- scoring) 8 1 Remove and Reconstruct Curb Access Ramp with Truncated EA Domes per Caltrans Std.Plan A88A(includes slot pave,AC $ $ pavement,AB,any adjacent curb and sidewalk) I 9 275 Remove and Replace existing existing 8"Curb per HB Std.Plan LF 201 (includes slot pave,AB,AC pavement Type"13-1") $ s — $ 10 755 Remove and Replace driveways per Cal OCPW Std.Plan 1210 SF and 1209 with 4"lip(includes curb,retaining curb,slot pave,AB, $ P(� $ AC pavement) 1� C-2.1 PROJECT BID SCHEDULE CC-1398 �terii: >�stimatec� xte;i ed:`.: ::';: ::Nio;:: ::Quatttiiy t�kYi: c � .� ..::: UnYt:Frace......:.:Am.aunt.:.:.:. 11 2935 Remove and Replace existing improvements and replace with Sidewalk per HB Std.Plan 217(6"Thick; includes retaining curb SF as required) $ $ 12 2790 Remove and Replace existing improvements and replace with SF Sidewalk per HB Std.Plan 217(4"Thick,includes retaining curb $ j $ ito . II .r as required) 13 2750 Remove and excavate all existing improvements in landscape area SF 33"deep including soil and replace with Class"A"Topsoil,30" $ deep including rough grading and soil preparation $ - 14 2750 Purchase and install 3"thick engineered wood fiber chips in SF landscape area $ 15 215 Purchase and plant 1 gallon shrubs per HB Std Plan 712 EA $ $ 51, 16 40 Purchase and plant 3 gallon shrubs per HB Std Plan 712 EA $ ��`-- 17 9 Purchase and plant 15 gallon shrubs per HB Std Plan 712 EA $ $ z 18 4 Purchase and plant 24"box Palm Tree per HB Std.Plans 714, EA 715,716,and 719 with 1 year tree gaurantee period $ r a $ 'Lot 19 11 Purchase and plant 36"box Palm Tree per HB Std.Plans 714, EA 715,716,and 719 with 1 year tree gaurantee period $ V $ .. 1. . ,A t 20 1 Fine Grade/Cleanup of Landscape Area LS $ $It WO _ C-2.2 PROJECT BID SCHEDULE CC-1398 ltetW 1 Estimated.:.. >:::::;.. :;.::::« ;;:Exteiideil:;. Bpi Xteir�a)es >ripto: ::.:: . Nio::<:::Qu i tity... TJntt.Prtce.:.:. :.:::A1n6 4nt.:.:.:. 21 1 Provide 90 day plant establishment LS $ 1, 22 6 Remove and Replace Traffic Pull Boxes per Specifications and EA adjust to final surface(size denoted on plans) $��-- 23 10 Remove and Replace Traffic Loops EA $J�ir/ $ 24 1 Furnish Traffic Control with Plans LS $ $_Ira�v 25 1 Install gravel pit with 2"diameter gravel wrapped with filter LS fabric(6"width x 24"depth X 70'length)as shown on plans $ �- beneath engineered wood fiber in landscape area 4 Total Base Bid Amount in Figures: $ e? °5e� Total Base BidAmount in Words: �� _,4 tittcOIN-h_trtl_ ' 51- in rWtKA Stvev r de f r- All associated work, labor, materials and bid quantities to construct the Base Bid portion of CC- 1398 Water Well #2 Landscaping as depicted on the plans and/or specifications shall be included within the Total Base Bid Amount and no additional compensation will be allowed therefore. The Total Base Bid Amount will be the basis of award. ALTERNATIVE BID ITEM >;Extended ....... .......,.,.. Rein ::Estimated $id,l<tet o rii" e:::. Am a ' ii: :::::::::::::::::.:::::::::::::::::::: riY: '.rcc ..... ...::.. ............................... uanti:.: :::�:::::::::;::::::<Deseri .�o ...... Al 1090 Added cost to Replace 4"thick dyed decorative concrete with 6" A SF thick dyed pervious concrete per Specifications $ °C� C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number g qq 6eSper^A _ , ?90587 L 8 van �c(e C w MASK- �. V^Uq c S v 'mac 55 ° �6 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 PO S A-\d e 'Pf S � 1y\d1�4 Q�G1 lN.y- , being first duly sworn, deposes and says that he or she is gi n' S/A f(C��✓�� of & C� r vC 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. ACr— Cif /Vic Name of Bidder Signature of Bidder (e-ev 1'(47 Address of Bidder 74 Subscribed and sworn to before me this (O day of�N Ate_ , 201 U . ((JJ K. SHAH .. Comm.# 1890181 N NOTARY PUBLIC•CALIFORNIA Los ANGELES COUNTY MY Comm.Exp. JUNE 14� 2�014A NOTARY PUBLIC �(. S►�a,,P,� J•r 6)" NOTARY SEAL U 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 WATER WELL 92 LANDSCAPING, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. /MCP CCU t h� Contractor By lj:)�Okev— Pros r'�e1�� 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 CERTI)F'ICATE 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. kc f— L I7 j v�C Contractor By de V4 Title Date: C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: �C f- Cif t Vvc t Bidder Name Business Address C feA dorms C4 ql 74-1 City; State Zip c i(Q 5 .2 01 51 Telephone Number 84'7g07 c10 State Contractor's License No. and Class P t7�13, 9000 Original Date Issued 10/y.?� A171L Expiration Date The work site was inspected by M vi viV 04 Lr of our office on 5 r 3 l 1 , 2011. The following are persons, firms, and corporations having a principal interest in this proposal: C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. c ' Cl) IYlc r Company Name Signature of Bidder L)(h)In\1 CAbC)� Printed or Typed Signature Subscribed and sworn to before me this 161ay of Ma , 2011 K. SHAH '~ Comm.# 1890181 rn N NOTARY PUBLIC-CALIFORNIA N Los ANGELES COUNTY Mr Comm.UP. JUNE 14,2014'� NOTARY PUBLIC ( �� lc,.S ti,a In , N 6 r� PW61 Cc 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. r, �r I Name aA Add ess of Public Age1 y Name and Telephone No. of Project Manager: b c-A Ve VQ r-61 W 'e '71te-5 Contract Amount Type of Work Date Completed 2. C1 r (�f� ' A >1 %<G'66 Name A Address of Public Agency Name and Telephone No. of Project Manager: b U d v?e VQvJ&07� 4 Contract Amount Type of Work Date Completed v. r� Name and Add ess of Public Agency Name and Telephone No. of Project Manager: _be U 1 C- 0/06 4 '�'wqoe'qls8 000 C:ctr Gto O-- 9), 141 � W '2�0to Contract Amount Type of Work Date Completed C-9 4I INSCO INSURANCE SERVICES, INC. ins 'r® Underwriting Manager for: Nip Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300 BID BOND BOND NO. N/A KNOW ALL MEN BY THESE PRESENTS, That we, D D Systems, Inc.dba:Ace CD 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%amount bid )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 Water well#2 Landscaping,CC No. 1398 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 13th day of May 2011 YEAR D D Systems, Inc.dba:Ace CD Inc. Developers Surety and Indemnity Company Surety, —"""-- Principal Greg Zoffman( Attorney-in-Fact I�7 ID-1198(Bid Bond)(REV.1/01) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Sacramento On 5/13/2011 before me, P. Bewley, Notary Public Date Here Insert Name and Title of the Officer personally appeared **Greg Zoffman** Name(s)of Signer(s) , who proved to me on the basis of satisfactory evidence to be the person($}whose name(s}is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/harAhair-signature(s}on the instrument the P. BEWLEY person(sy, or the entity upon behalf of which the person(s} COMM.#1860333 acted, executed the instrument. NOTARY PUBLIC-CALIFORNIA 1 certify under PENALTY OF PERJURY under the laws of SACRAMENTO COUNTY the State of California that the foregoing paragraph is true COMM.EXPIRES AUG.7 2013 and correct. Witness myMacinofficial seal. Signature Place Notary Seal Above Signature of NotaryrSubllc 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 El in Fact El Attorney in Fact ❑ Trustee ' ❑ Trustee ' ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of th7here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***Greg Zoffman,L.K.Lau,Peggy Roy, P.Bewley,R.Overby,jointly or severally"** as their true and lawful Attomey(s)4n-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 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 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 anyAssistant 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: alitt AN0O: �41PANY Daniel Young,Vice-President ;,y4,� p Rgr F ,Y �Q 0pPO OCT. °: ? Fa�-n su. 1q 2 OCT.8 0 By: o' 19 3 6 Q° 1967 Stephen T.Pate,Senior Vice-President "-.7�;'�. 1C1VVP,.•��.a`, �/ 'gC/F'OP�� Sa State of California County of Orange On January 31,2011 before me, Antonio Alvarado,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 names)istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized ANT0N)O ALVRR DO capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of 4PCOMM #1860M which the person(s)acted,executed the instrument. tAy f AW CALKORNIA S I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY true and correct. .My 2=Aug.0,2D13 " WITNESS my hand and official seal. Place Notary Seal Above Signature Antonio Alvarado,Notary 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 executedin the City of Irvine,California,this 13th day of May 2011 By: )(r ewzr� regg Oku istant Secretary ID-1380(Rev.01/11) City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For WATER WELL#2 LANDSCAPING NORTHWEST CORNER OF EDINGER AVE AND SPRINGDALE ST, C.C. NO. 1398 in the CITY OF HUNTINGTON BEACH May 6,2011 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications,and Special Provisions: 1) The Reduced Pressure Backflow Prevention Device, including fittings, pipe, and any other appurtenances, shall be 1 1/411. In addition,the main feed pipe from the 1" meter to reduced pressure backflow device shall be a SCH 40 PVC 1 1/4"diameter. This is to acknowledge receipt and review of Addendum Number One,dated May 6,2011. k(fC CIS i��• nn� l� l�� �- Company Name By 1,3 /►I Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Joseph Fuentes at(714) 536-5431. =.� City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov FEg iz,i9aa,a° ® Office of the City Clerk B ' Joan L. Flynn, City Clerk September 2, 2011 G Coast Construction, Inc. 5461 Encino Ave. Encino, CA 91316 RE: CC-1398 —Water Well #2 Landscaping Enclosed please find your original bid bond for CC-1398. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure gS&b w tYwnt#f njmPditpA 01o* Waitakere, New Zealand LA r, r-I � + Gl 1� SECTION C PROPOSAL, for the construction of WATER WELL #2 LANDSCAPING from NORTHWEST CORNER OF EDINGER AVE. AND SPRINGDALE ST. CC No. 1398 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 30 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 stun 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, twit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find ideei'wr3 �Vin the amount of$ 0 t1$ 14 hitch 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 Signature -5 6 C-2 ' PROJECT DID SCHEDULE CC-1398 ' �Li[Y..'a.lS ll llYRi .. All.11d(:tl.': `:$id I txi: es..irl .k�xy .............:: ` If': P........ Q ' :: : :':':':'::':':':':':':::'.'.'.'. :':': :':':':::::':.Uhllt:lF'r.0:': ':' :':Amount.. '. 1 1 Mobilization LS $ $ G 2 1 Remove and Dispose of existing Metal Guard Rail r� LS $ $ G�10�C —T 3 1 Install new 1"water meter and 1"service per H13 Std.Plans 109, 602,606,and 606A including all appurtenances,trenching, do LS paving,AB,and connections $ $ 4 1 Install solar irrigation controller enclosure cabinet per HB Std. LS Plan 722 including controller,rain gauge,cabinet,enclosures, $ $ pull box,and all other appurtenances and connections 5 1 Install all Irrigation mainline,laterals,heads,valves,wiring,and LS couplers per Irrigation Plan and HB Std.Plans 700 Series $ $ � t`J r 6 1 Install reduced backflow prevention device per HB Std.Plan 701 LS including cage,valves,and all other appurtenances and $ $ 01)0 connections 7 1090 Remove and replace existing improvements with dyed decorative SF concrete per specification and HB Std,Plan 217(4"thick and $ 1 $ 166b scoring) G —f 8 1 Remove and Reconstruct Curb Access Ramp with Truncated EA Domes per Caltrans Std.Plan A88A(includes slot pave,AC $2 r r'z $ � pavement,AB,any adjacent curb and sidewalk) 9 275 Remove and Replace existing existing 8"Curb per HB Std.Plan LF 201 (includes slot pave,AB,AC pavement Type"13-1") $ l� $ 10 755 Remove and Replace driveways per Cal OCPW Std.Plan 1210 SF and 1209 with 4"lip(includes curb,retaining curb,slot pave,AB, $ $ �,� AC pavement) C-2.1 PROJECT BID SCHEDULE CC-1398 *....-.....,.".,.,.,.,.*.*,*.,-'-'-**,* " �' -"* ::::::: ':.: :::::Ex ............. ...... . ....—.fj.T'.: - - - . ... ... ... Bidlt� 'DO rip... ................. .. ..... . Uhit P. A A r 11 2935 Remove and Replace existing improvements and replace with SF Sidewalk per HB Std.Plan 217(6"Thick;includes retaining curb $ $ '2Y 41.5 as required) 12 2790 Remove and Replace existing improvements and replace with SF Sidewalk per HB Std.Plan 217(4"Thick,includes retaining curb $ $ as required) 13 2750 Remove and excavate all existing improvements in landscape area SF 33"deep including soil and replace with Class"A"Topsoil,30" $ $ 22 OIX deep including rough grading and soil preparation 14 2750 Purchase and install 3"thick engineered wood fiber chips in SF landscape area $ $ 15 215 Purchase and plant I gallon shrubs per HB Std Plan 712 EA $ $ 16 40 Purchase and plant 3 gallon shrubs per HB Std Plan 712 EA $ $ 17 9 Purchase and plant 15 gallon shrubs per HB Std Plan 712 EA $ A? $ 18 4 Purchase and plant 24"box Palm Tree per HB Std. Plans 714, EA an 715,716, d 719 with I year tree gaurantee period $ 70 7 19 11 Purchase and plant 36"box Palm Tree per 1-113 Std.Plans 714, EA 715,716,and 719 with I year tree gaurantee period 73�0 20 1 Fine Grade/Cleanup of Landscape Area L LS V -A C-2.2 PROJECT BID SCHEDULE CC-1398 Item :Estimat ::::::::..:.......... '::.::::::.:....:...........;::::::::::::.::. . ....;;:::;<::<:::Extenile l $icy It rii:Descri t ati: >: >: >:. .:: . . .. . ... I Tp t�ti. bJ.. ......... .....:A 21 1 Provide 90 day plant establishment LS $ $ T 22 6 Remove and Replace Traffic Pull Boxes per Specifications and EA adjust to final surface(size denoted on plans) $ 0 0,,�y $ o b o 23 10 Remove and Replace Traffic Loops EA $ IN $ 24 1 Furnish Traffic Control with Plans LS $ $ 7 25 1 Install gravel pit with 2"diameter gravel wrapped with filter fabric(6"width x 24"depth X 70'length)as shown on plans `T �PL LS beneath engineered wood fiber in landscape area $ $ Total Base Bid Amount in Figures: $ ����� Total Base Bid Amount in Words: p ;y �"-""' °i''� _ - •_a -------------------------- All ' -_�^ associated work, labor, materials and bid quantities to construct the Base Bid portion of CC- 1398 Water Well #2 Landscaping as depicted on the plans and/or specifications shall be included within the Total Base Bid Amount and no additional compensation will be allowed therefore. The Total Base Bid Amount will be the basis of award. ALTERNATIVE BID ITEM Itemstimatect:::> > :.. .. Bl<d;Item :: xten d:::: uanhty. ::::::: ::I escxipt on:::::::::::::::::::::::::::::::::::::::::::::: ..... ni ..... Al 1090 Added cost to Replace 4"thick dyed decorative concrete with 6" SF thick dyed pervious concrete per Specifications $ C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number Add CA d77Y 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 being first d ly sworn, deposes and says that he or she is of �+t-�: � .+,f^ica ,, t:mthe 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 infonnation 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 Bi ,de Signature o idder Address of Bidder Subscribed and sworn to before me this day of 201` NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of L o S f N9 ' e5 On `.-��il'tt� 4i before me, Date _ Here Insert Name and Title of the Officer personally appeared Z 1` L Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personWwhose name(Wis/,-fe subscribed to the within instrument and acknowledged to me that he/�W/thi y executed the same in his/W/tWrr authorized capacity(o<and that by his/herltt�r signatur%2ron the BOYCE instrument the person( , or the entity upon behalf of ommissIOn*tt34ty which the person(ps acted, executed the instrument. r@A&:2�,=AMES Notary Public-California z t.os Angeles County D I certify under PENALTY OF PERJURY under the laws My Comm.Expires Mar 15,2013 of the State of California that the foregoing paragraph is true and correct. WITNESS my h d official seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another,docurrsnt. 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 _ _11011 ❑ Partner—❑ Limited ❑ General _ ❑ Attorney in Fact RMIL9 -, ❑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: ©2007 National Notary Association-9350De Soto Ave.,P.O.Box2402•Chatsworth,CA91313-2402•wvw.NationalNotaryorg 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 WATEIZ WELL 42 LANDSCAPING, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is.familiar• with the operation to be performed and the hazards involved" The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Co '-a or ff?� e�tp 4%7 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 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. Con ra or By � e,V /-1, ./4 Title Date: �� a C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Naive UA- Business Address Eon City, State Zip Telephone Number 0�q- —4�� State Contractor's License No. and Class 4� Original Date Issued tf `�- Expiration Date The work site was inspected by C-30�- of our office on 201�. The following are persons, firms, and corporations having a principal interest in this proposal: C-s The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Aam' Signature of Bidd p 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: ,Ter- A)- &-r ee-7 i 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 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of L v S AN-9 e/e-5 On s/��' �/ before me, Date _ Here Insert Name and Title of the Officer personally appeared Z /ON L l Name(s)of Signer(s) 9 who proved to me on the basis of satisfactory evidence to be the personWwhose name(Wis/A<e subscribed to the within instrument and acknowledged to me that hel�WlthiTf executed the same in his/W/t�ePr authorized capacityGes rand that by his/hef/tbe�r signature) on the JAMES PATRICK BOYCE instrument the person(s), or the entity upon behalf of Commission# 1840547 which the person(p)'acted, executed the instrument. a Notary Public -California z Los Angeles Cofsnt 8 y ' I certify under PENALTY OF PERJURY under the laws My Comm.Expires Mar 15,2013 of the State of California that the foregoing paragraph is true and correct. WITNESS4myhdfficial seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ El Partner—El Limited ❑ General El Attorney in Fact - _ El 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: ©2007 National Notary Association-9350De Soto Ave.,P.O.Box2402-Chatsworth,CA91313-2402-www.NationalNotary.org�Item#5907 Reorder:Call Toll-Free 1-800-876-6827 G COAST CONSTRUCTION, INC. Lic.#:844758(A,B&C27) MAJOR CONSTRUCTION PROJECTS COMPLETED 2008-2010 Name/No. of Proiect 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 Engineer/Project roofing,concrete ADA ramp,painting,ceiling, Coordinator doors,wood floor,painting,electrical&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 Huntington Park Wes Lind/Cell#(626)375 3632 Sawcut/dispose curb&gutter,grading,compac- $200,000 Aug-10 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/John Oda Replacement of sidewalk&chain link fence. $440,000 Sep-08 (818)445 7783/(310)490 5765 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 WATER WELL#2 LANDSCAPING NORTHWEST CORNER OF EDINGER AVE AND SPRINGDALE ST, C.C. NO. 1398 in the CITY OF HUNTINGTON BEACH May 6, 2011 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) The Reduced Pressure Backflow Prevention Device, including fittings, pipe, and any other appurtenances, shall be 1 1/4". In addition,the main feed pipe from the 1" meter to reduced pressure backflow device shall be a SCH 40 PVC 1 1/4"diameter. This is to acknowledge receipt and review of Addendum Number O e, ted 6,2011. 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 call Joseph Fuentes at(714)536-5431. AIA Document A310 TM - 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 CITt 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) WATER WELL#2 LANDSCAPING 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 furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed a sea ed his 11th day of May,2011. I G COAST CO T I! INC. GREAT A l N I NC COMPANY (Principal) v 1�\ (Seal) (Surety (Seal) 42 ,� n (Title)fi /` LTV 1 O tJ 1 d•e (Title7aears W.MO/LANEN,attorney-in-fact CAUTION:You should sign an original AIA Contract Document,on which this text in RED.An original assures thatchanges will not be obscured. AIA Document A310Tm—2010.Copyright©1963, 1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA@ Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA@ Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 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 May 11, 2011 before me, Christine T. Hoang,Notary Public (insert name and title of the officer) personally appeared James W.Moilanen who proved to me on the basis of satisfactory evidence to be the person(%)whose name(16) isles; subscribed to the within instrument and acknowledged to me that he/WIeftft executed the same in hiskxNAIak authorized capacity(z*, and that by his/hoftak signature(s.)on the instrument the person(), or the entity upon behalf of which the person(ji) 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. OW CHRISTINE T.HOANG � COMM.#1827909 ;0 WITNESS my a a official seal. _ NOTARY i V'UC-WFORNlA ;Q r ORANGE COUidTy �0, MY Camp.DOM DEC 23,k12 Signature (Seal) S1029AB(2/11) GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET• CINCINNATI, OHIO 45202 • 513-369-5000• FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No.014702 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 attorney-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 This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-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 181h day of, APRIL, 2011. Attest GREAT AMERICAN INSURANCE COMPANY 0k44 Assistant Secretary Divisional Senior ice President STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.xrrCHN(513-4124602) On this 18`' day of APRIL,2011, before me personally appeared DAVID C.KITCHIN,to me known,being duly sworn,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.GROSHEIM NOTARY PUBLIC,STATE OF OHIO ° +� MY COMMISSION EXPIRES 02-20-16 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 11th day of May 2011 a ins¢e Assistant Secretary S1029Y(10/08) ® City of Huntington leach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk 17,1909 / Joan L. Flynn, City Clerk September 2, 2011 Golden State Constructors, Inc. 6162 Galipean Dr. Huntington Beach, CA 92647 RE: CC-1398 —Water Well #2 Landscaping Enclosed please find your original bid bond for CC-1398. Sincerely, Joan L. Flynn, CIVIC City Clerk J F:pe Enclosure g8iA6wr t=V*KDPd"ido# Waitakere, New Zealand �'�,,'��"..,�`_ ti;,`",�+s`i'`�y �;+,r''�Era. *�_ rah �� ,r�„� ,ram `���,!M�L1'� •t.J•'_�..���i� �4 � y��, ��'..= �' �"4<'l�ts�=,�''�` °Fr" aw• �P y;� •r�; +r � L ram"` rtl 8- •' St L:�iws, ��,�,� � �•`� i�..�s 3� dh t�j � � .�75'• ,��� �1E ���d`��..fi yg ,�(' �.� �y 3_+& ��'-.��'A�Y�k ��r�a-'��h j��','• ''1'§., �� � 5. ,�-,�nr,�'°' 3 'ukl ,:`. 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'�"°'* �r .'.i. �{:.� _ ti t�'� ;`' r}v i�,'i�k � `-u •:+ii ^.:;°,t• i�i S}4r ,.?F.".ghi.''. .-�. :�.. .,V •,h,n,r s�ya� :fit" ;g -� -:��-°••v� ":� �'�":�:!'� ;: :fit "` �. •,-;�'�44."�`:,� e �y�G'��,M� `�'a i.}' '•a-.s '� 4 s�"iti�r a,"�..mr 5,"�;�c�,,5;�•�.S%� "�, ii�scCi,�U s,s per".. _ .. .ra ,. u p fi .� kx 3i•�jy'+^� „YR: ° fi ,'��'' -*•�•^c' :�.. �' ?�,r:�,��'>�F•`�a:+•' �-i 't•.?�e'`"��yq'd`i � �_ r SECTION C PROPOSAL for the construction of WATER WELL 92 LANDSCAPING from NORTHWEST CORNER OF EDINGER AVE. AND SPRINGDALE ST. CC No. 1398 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 30 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 slue 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 L ' If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find^ in the amount ofX lV lo which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Seale to the AGENCY. (Please insert the words "Cash", "Certified Check" r " der's Bond" he case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received i der's Signature C PROJECT BID SCHEDULE CC-1398 tem .Esfimatecl Ezte�icTel;:: B... ... ad Item�es......i��t� ............. 1 1 Mobilization LS $ To®u.`5' $ 7obs;. '/J T 2 1 Remove and Dispose of existing Metal Guard Rail LS $ 350 $ 3 � 3 1 Install new 1"water meter and 1"service per HB Std.Plans 109, LS 602,606,and 606A including all appurtenances,trenching, $ ®0c) $ 11,ocol paving,AB,and connections 4 1 Install solar irrigation controller enclosure cabinet per HB Std. LS Plan 722 including controller,rain gauge,cabinet,enclosures, $ Q�� $ pull box,and all other appurtenances and connections 5 1 Install all Irrigation mainline,laterals,heads,valves,wiring,and LS couplers per Irrigation Plan and HB Std.Plans 700 Series $ $ 6 1 Install reduced backflow prevention device per HB Std.Plan 701 LS including cage,valves,and all other appurtenances and $ $� connections 7 1090 Remove and replace existing improvements with dyed decorative SF concrete per specification and HB Std.Plan 217(4"thick and $ SO $ scoring) 8 1 Remove and Reconstruct Curb Access Ramp with Truncated EA Domes per Caltrans Std.Plan A88A(includes slot pave,AC $ 0D $ a �� pavement,AB,any adjacent curb and sidewalk) 9 275 Remove and Replace existing existing 8"Curb per HB Std.Plan LF 201 (includes slot pave,AB,AC pavement Type"13-1") $ $ 10 755 Remove and Replace driveways per Cal OCPW Std.Plan 1210 SF and 1209 with 4"lip(includes curb,retaining curb,slot pave,AB, $ $ AC pavement) ✓✓ C-2.1 PROJECT BID SCHEDULE CC-1398 Iteiri.. sf>mated:. ' t' ..... >: . >::::::`>: :::..zteride... $id......: esr.irt ton: N :.. Quantity: <; ... jJiiif:FricP:::::...-mou....:. 11 2935 Remove and Replace existing improvements and replace with SF Sidewalk per HB Std.Plan 217(6"Thick;includes retaining curb $ as required) 12 2790 Remove and Replace existing improvements and replace with SF Sidewalk per HB Std.Plan 217(4"Thick,includes retaining curb $ $ as required) �— , N 13 2750 Remove and excavate all existing improvements in landscape area SF 33"deep including soil and replace with Class"A"Topsoil,30" $ deep including rough grading and soil preparation h 14 2750 Purchase and install 3"thick engineered wood fiber chips in SF landscape area $ 15 215 Purchase and plant 1 gallon shrubs per HB Std Plan 712 Q QJ EA $ 0° e 0 $ /yA 16 40 Purchase and plant 3 gallon shrubs per HB Std Plan 712 EA $ $ 17 9 Purchase and plant 15 gallon shrubs per HB Std Plan 712 EA $ '- $ or 18 4 Purchase and plant 24"box Palm Tree per HB Std.Plans 714, EA 715,716,and 719 with I year tree gaurantee period $ Q� $ /J?3 0 19 11 Purchase and plant 36"box Palm Tree per HB Std.Plans 714, EA 715,716,and 719 with 1 year tree gaurantee period $ $ 20 1 Fine Grade/Cleanup of Landscape Area LS $ 200 $ 260 C-2.2 PROJECT BID SCHEDULE CC-1398 Iteiii .Estimatett ::::::: .:.::.:::::::::::::::::::::. xtel<i&d::::: ;Bid Iteni:I)escr� tta >:........:. :::<: :<< N . : :. .uanti. iJnrt:.l'r A .pucnt.:: Q.. . ty :: 21 1 Provide 90 day plant establishment LS $ gsszo 0 22 6 Remove and Replace Traffic Pull Boxes per Specifications and EA adjust to final surface(size denoted on plans) $ 23 10 Remove and Replace Traffic Loops 2 EA s 24 1 Furnish Traffic Control with Plans LS $ �(7©f� $ UOI� 25 1 Install gravel pit with 2"diameter gravel wrapped with filter LS fabric(6"width x 24"depth X 70'length)as shown on plans $ f jjU $ p 0 beneath engineered wood fiber in landscape area Total Base Bid Amount in Figures: $ l� / Total Base Bid Amount in Words: Q mac_ _( .-dam{ ___�; �?1��s�s �l ----- - -------------------------------------- - - ---------------------------------- Allu associated work, labor, materials and bid quantities to construct the Base Bid portion of CC- 1398 Water Well#2 Landscaping as depicted on the plans and/or specifications shall be included within the Total Base Bid Amount and no additional compensation will be allowed therefore. The Total Base Bid Amount will be the basis of award. ALTERNATIVE BID ITEM ..... . Exte.rled::�: Item :� tin.............:.......:.....: .....I et ..... . iit'`.. `ce : :... Aiiou t... .................. �����nit:Prz Al 1090 Added cost to Replace 4"thick dyed decorative concrete with 6" SF thick dyed pervious concrete per Specifications $ $ / BC� C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is orcater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number 3 P ` C!v S CA-P e q- P t 3`1s w, 5 e zf�' q3 Z273 6-z2 f e0vira t'A , gl?ZZ- �TrAJ 6 Z'P skrrk `0P 5 E,�� s T A►-A J4 ca IL o� By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and alys_, iethat r-ke is of -o �� s-rAi�G z�n i-- 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. �.QaLg7�S`rJ Sri" Gc�'JS�2u�►2.5, /rye, Name o Bidder ,------,- Signa ure of Bidder ('f6.2 C/- t-1 F6A-3 91Z ��/�, CA I 2_6� ? Address of Bidder Subscribed and sworn to before me this Z day of W4A D 201 l w CLAUD1;COCNRAN COMM# 1920198 Z ORANGE COUNTY Qq NOTARY PUBLIC-CALIFORNIA Z MY COMMISSION EXPIRES -+ JAN. 30, 201S., 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 WATER WELL 92 LANDSCAPING, (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 peg formed 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 Title Date: 5— b��r1 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 M No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 _V 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 , (ZZ)y,)QtE �D , C:yG44rLAt-3 By Title Date: S—(G 1 ) C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name (2 . Business Address CA 4 City, State Zip (qlc ) 6") S s� Telephone Number State Contractor's License No. and Class yg I s Original Date Issued -a> 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: C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. ("--o Compa ame Signature of Bidder Pz►')r'3 t& r-:p C-c' Printed or Typed Signature Subscribed and sworn to before me this day of �"►N`J 201 . CLAUDIA COCHRAN COMM# 1920198 Z,• ' ORANGE COUNTY Qq NOTARY PU8LIC-*LI0ORNIA Z MY COMMISSION EXPIRES -� JAN. 30, 2015 NOTARY PUBLIC_ �' �o� Pow c OT SEAL 7A Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Name and Address of Public Agency Name and Telephone No. of Project Man h Contract Amount Type of Work Date Completed 2. Name and Address of Public AgeXinr: Name and Telephone No. ' oj Contract Amount Type of Work Date Completed NXaTelephone of Public Agency N No. of Project Manager: Contract Amount Type of Work Date Completed C-9 Golden State Constructors, Inc. 6162 Garr yean Dr:Huntin#ton Be"fi, CA 92647 Phone. 714-625-8758 Fax. 714625-8295 20/10 erences® City of Fountain Valley Alex Salazar 10200 Slater Ave. Fountain Valley, CA 92708-4736 714-5934516 Construction Dates: 10/11/2010-to 11/26/10 Project: Sidewalk Improvements on Ellis and Ward to 405 Freeway Bid Amount: $145,540 Project Total: $162,046 City of Seal Beach Cesar Rangel Public Works Dept. 211 8th St. Seal Beach, CA 90740 . . . . 562-431-2527 ext.1328 Construction Dates: 0/7/2010 to 10/15/10 Project: 2010 Annual Concrete Repairs Bid Amount: $119,945 Project Total: $143,478.65 City of Huntington Beach Joe Dale 2000 Main Street Huntington Beach, CA,92648 .- 714=567=7721 - Construction Dates:7/l/2010 to 9/30/10 Project: Safe Routes to School Bid Amount: $166,540 Project Total: $190,840 County of Orange Mario Barragan 2301 N. Glassell Street Orange, CA 92865 714-955 0254 Construction,Dates: 5/l/2010 to-5/l/2011� n, . ... Project: Portland Cement Maintenance Repairs Bid Amount: Yearly Contract Project Total: City of Laguna Niguel Nancy Palmer 27791 La Paz Road Laguna Niguel,CA 92677 949-362-4337 Construction Dates: 6/l/2010 to 6/30/2010 Project: Labyrinth @ Niguel Botanical Preserve Bid Amount: $28,503 Project Total: $28,503 Golden State Constructors, Inc. References Page I City of Lake Elsinore Dave Solomon 130 S. Main Street Lake Elsinore, CA 92530 951-674-3124 x242 Construction Dates:4/28/10.to 6/4/2010, Project: Sidewalk Construction Project 4308 _Bid Amount: $216,168.75 Project Total: $233,3.10.33 City of Anaheim Dennis Vasquez P.O. Box 3222 Anaheim, CA 92803 (714) 765-6936 Construction Dates: 3/15/10 to ongoing Project: Concrete Sidewalk construction Bid Amount: Yearly Contract Project Total: City of Signal Hill Anthony Caraveo 2175 Cherry Avenue Signal Hill, CA 90755 562-989-7352 Construction Dates: 3/29/10 to 4/30/10 Project: Curbs Bid Amount: $50,768.75 Project Total: $57,630.75 City of Huntington Beach , Dereck Livermore 2000 Main Street Huntington Beach, CA 92648 714-536-5247 Construction Dates: 3/1/10 to 3/12/10 Project: Curb Ramps II Bid Amount: $53,055.50 Project Total: $53,055.50 City Of Newport Beach Patrick Arciniega 3300 Newport Blvd. Newport Beach, CA 92663 949-644-3314 Construction Dates: 9/14/09 to 4/9/10 Project: Coastal Access—River Ave Bid Amount: $1,006,579.92 Project Total: $ 1,143,668.10 Golden State Constructors, lnc. Referei-ices Page ? Go(den State Constructors, Inc. 6162 Ga(#,yean.Dr.Humin fon Beach, CA 92647 Phone.714-625-8758 Far 714625-8295 2009 Rf ferences: City Of Newport Beach Alfred Castanon 3300 Newport Blvd. Newport Beach, CA 92663 949-644-3314 Construction Dates: 9/14/09 to 1/31/2010 Project: Coastal Access—River Ave Bid Amount: $1,006,579.92 'Project Total:.$N/A City of Anaheim Matt Card 200 S. Anaheim Blvd. Suite 276 Anaheim, CA 92805 (714) 765-5176 Construction Dates: 7/20/09 to 8/7/09 Project: Bikeway/Pedway ._Bid:Amount: $267,765.50 . Project Total: $'2,78' ,27.5.50 City of Irvine Kai Lambaz 1 Civic Center Plaza Irvine, CA 92606-5207 949-724-7555 Construction Dates: 7/20/09 to 8/7/09 Project: School Enhancement Project. Bid Amount: $26,746.25 Project Total: $40,335.75 . City of Monterey Park Ve6 Bermudez 320 W.Newmark Ave. Monterey Park, CA 91754-2896 626-307-1325 Construction Dates: 5/12/09 to 5/29/09 Project: Driveway Entrance Modification Bid Amount: $36,702.20 Project Total: $36;702.20 City of Norwalk Randy Hillman 12700 Norwalk Blvd Rm 16 Norwalk, CA 90650 562-929-5719 Construction Dates: 5/4/09 to ongoing Project: Median Island and Striping Modification Bid Amount: $73,963 Project Total: $80,460.15 Golden State Constructors, Inc. References Page 1 City of La Habra Chafik Mouradi 201 E. La Habra Blvd La Habra, CA 90631 562-905-9720x209 Construction Dates. 4/27/09 to 5/l/09 . Project: Traffic Management—Traffic Calming Bid Amount: $48,568 Project Total: $ 52,000 City Of Newport Beach Alfred Castanon, Public Works Department 3300 Newport Blvd. Newport Beach, CA 92663 949-644-3314 Construction Dates: 3/9/09 to 4/28/09 . Project: Balboa Village Alley Replacement Bid Amount: $128,606 Project Total: $142,000 City of Huntington Beach Villa Pacific Huntington Beach, CA Construction Dates: 2/27/09 to 3/6/09 . Project: Villa Pacific ADA Ramps Bid Amount: $7,200 Project Total: $7,200 City of Tustin s,. Jason Churchill, Public Works Dept. 1472 Service Road Tustin, CA 92780 714-573-3350 Construction Dates:2/4/09 to 2/4/09 Project: Slope Repair Bid Amount: $4,100 Project Total: $4,100 Department of Public Works Public Works 3rd Floor N306 100 N. Garfield Ave, P.O. Box 7115 Pasadena, CA 91109-7215 626-744-7389 Construction Dates: 1/5/09-to-2/27/09 Project: Hamilton Park Drainage Improvements Phase II and III Bid Amount: $236,321 Project Total: $403,571 Golden State Constructors, Inc. References Page 2 Golden State Constructors, Inc. . 6162 Ga!#.pean Dr.Hundnywn Beach, CA 92647 Phone: 714-625-8758 Fax: 714-625-8295 2008 R ferenccs: City of Laguna Beach Steve May 505 Forest Ave. Laguna Beach, CA 92651 949497-0351 Construction Dates: 11/18/08 to l l/25/08 Project: Curb and Gutter Replacement Bid Amount: $16,926 Project Total: $16,926- City of Santa Ana Terry Daugherty ,. 20 Civic Center Plaza Santa Ana, Ca 92701 714-615-0891 Construction-Dates.- .. 10/27/OS to 11/26/08. - Project: Plaza of the Sun Drainage Improvements Bid Amount: $42,214 Project Total: $52,750 City of Stanton Nick Guilliams 7800 Katella Ave Stanton, CA 90680-3162 714-379-9222 Construction Dates: 10/6/08 to 10/17/08 Project: PCC Rehabilitation—Bradford Place and College Drive Bid Amount: $61,340 Project.Total: $67,473 City of Huntington Beach Dereck Livermore 2000 Main Street.. .. :.: :. Huntington Beach, CA 92648 714-392-4007 Construction Dates: 7/28/08 to 10/10/08' Project: Curb ramps in Various Locations Bid Amount: $167,123 Project Total: $181,604 Golden State C:onstmctors, inc. References Pagel Moffatt&Nichol Gary Foster 3780 Kilroy Airport way Ste 700 Long Beach, CA 90806 562-426-9551 Construction Dates:'6/9/08 to 6/9/08 Project: Harbor Vopak Project Bid Amount: $4,538 Project Total: $5,503 City of Norwalk Randy Hillman 12700 Norwalk Blvd Rm 16 Norwalk, CA 90650 562-929-5719 Construction Dates: 7/15/08 to 7/25/08 Project: Senior Center ADA Improvements Bid Amount: $26,892 Project Total: $32,850 County of Grange Tony Nevarez._ 1143 E. Fruit St. Santa Ana, CA 92701 714-567-7799 Construction Dates: 5/22/08 to 5/24/08 Project: Court House Concrete Replacement Bid Amount: $14,713 Project Total: $14,713 Long Beach Water Dept. 1800 E.Wardlow Rd.: . Long Beach, CA 90807-4931 562-570-2300 Construction Dates: 4/28/08 to 7/14/08 , Project: Water Line Replacement Bid Amount: $149,575 Project Total: $177,328 City of Rancho Santa Margarita 22112 El Paseo Rancho Santa Margarita; CA 92688-2824 949-635-1800 Construction Dates: 3/17/08 to 4/21/08 Project: E1Corazon Sidewalk Project Bid Amount: $54,130 Project Total: $61,081 Norwalk City Hall Randy Hillman 12700 Norwalk Blvd Rm 16 Norwalk, CA 90650 562-929-5723 Construction Dates: 2/7/08 to 5/4/08 Project: Pool Deck Concrete Repairs Bid Amount: $68,648 Project Total: $83,236 Golden State Constructors, Inc. References Page 2 City of Laguna Niguel Attn: Nick Renn 27791 La Paz Road Laguna Niguel, CA 92677 949-362-4337 Construction Dates: 1/8/08 to 2/9/08 Project: Crown Valley Restroom Project Bid Amount: $131,736 Project Total: $143,149 Norwalk City Hall Randy Hillman 12700 Norwalk Blvd Rm 16 Norwalk, CA 90650 562-929-5723 Construction Dates: 2/2/08 to 2/4/08 Project: New Doors at City Hall Bid Amount: $10,040 Project Total: $10,040 Golden State Constructors, Inc. References Page 3 Golden State Constructors, Inc. 6162 Galipean Dr.Huntington Beach, CA 92647 Phone. 714-625-8758 Fax. 714-625-8295 R erences 2007: Department of Public Works Dale Torstenboe Public Works 3rd Floor N306, 100 N:,Garfield Ave;P.O. Box 7.115 Pasadena, CA 91109-7215. 626-744-7389 Construction Dates: 1'l/29/07 to l/2/08 Project: Hamilton Park Drainage Improvement Bid Amount: $89,176 Project Total: $95,696 California State Lands Commission Annabell'Abeleda. 100 Howe Ave. Ste 100 South Sacramento, CA 95825-8202 916-574-1871 Construction Dates:'10/8/07 to'l/1/08 Project: Install Utilities for Wetlands Trailers Bid Amount: $99,993 Project Total: $133,413 City of Norwalk Randy Hillman 12700 Norwalk Blvd Rm 16 Norwalk, CA 90650 562-929-5723 Construction Dates: 9/17/07 to 7/29/07 Project: Concrete Courtyard Replacement Bid Amount: $38,733 Project Total: $38,733 City of Laguna Niguel Randy Trinkaus 27791 La Paz Road Laguna Niguel, CA 92677 949-362-4348 Construction Dates: 7/18/07 to 7/29/07 Project: George White Elementary Batting Cage Bid Amount: $55,367 Project Total: $57,787 Golden Mate Coil Inc. References page 1 City of Laguna Niguel Randy Trinkaus 27791 La Paz Road Laguna Niguel, CA 92677 949-362-4348 Construction Dates: 7/18/07 to 7/29/07 Project: George White Elementary School Electrical Upgrade Bid Amount: $17,778 Project Total: $17,778 City of Laguna Niguel Randy Trinkaus 27791 La Paz Road Laguna Niguel, CA 92677 949-362-4348 Construction Dates: 7/16/07 to 7/29/07 Project: Sewer Repair at Crown Valley Elementary:School Bid Amount: $14,375 Project Total: $30;749 ` Junipero Serra State Building Robert Langley 320 W. 4t' Street, Los Angeles, CA 90013 949-362-4348 Construction Dates: 6/18/07 to 6/29/07. . Project: Install hose bibs in Junipero Serra Building Bid Amount: $42,865 Project Total: $44,794 o Golden State Constructors. Inc. References Pape 2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For WATER WELL#2 LANDSCAPING NORTHWEST CORNER OF EDINGER AVE AND SPRINGDALE ST, C.C. NO. 1398 in the CITY OF HUNTINGTON BEACH Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications,and Special Provisions: 1) The Reduced Pressure Backflow Prevention Device, including fittings, pipe, and any other appurtenances, shall be 1 1/4". In addition,the main feed pipe from the 1" meter to reduced pressure backflow device shall be a SCH 40 PVC 1 1/4" diameter. This is acknowledge receipt and review of Addendum Number One, dated !,!lay 6 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 call Joseph Fuentes at(714)536-5431. NORTH AMERICAN SPECIALTY INSURANCE COMPANY BOND NO.: GOLST-193 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, GOLDEN STATE CONSTRUCTORS, (hereinafter called the Principal), and NORTH AMERICAN SPECIALTY INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of NEW HAMPSHIRE, 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 for WATREWELL#2 LANSCAPING FROM NORTHWEST CORNER OF EDINGER AVENUE AND SPRINGDALE JOB/BID# Cc NO. 1398, 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 12TH day of MAY, 2011. GO EN $T` TE!64NSTRUCTORS BY: NOR IF�A,MERICAN SPECIALTY INSURANCE COMPANY BY: ' _ C/� ���y �� RAND PORN, A O Y-IN-FACT NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: RANDY SPOHN and MATTHEW R.DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24a'of March,2000: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company 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 or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." aumwarytA,w 0.0(cos By • SEAL :ct 3 Steven P.Anderson,President&Chief Executive Officer of Washington International Insurance Company a5EA1_ �Ttt� 2 y4t Z 19T3 Q 1 &Senior Vice President of North American Specialty Insurance Company ib tiANP...... By David M.Layman,Senior Vice President of Washington International Insurance Company &Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 15th day of December 2010 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 15th day of December 20 10,before me,a Notary Public personally appeared Steven P.Anderson ,President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective comnanies. 4��=Public, fIftoisDonna D.Sklens,Notary Public ires 1Qt0=1 I, James A.Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 12th day of May 20 11 James A.Carpenter,Vice President&Assistant Secretary of Washington Intemational Insurance Company& North American Specialty Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On May 12, 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/aye subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/#efffl-r authorized capacity(ies), and that by his/hef/theif signatures) on the instrument the person(s), or the entity upon behalf of which the person(-4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of ERt GUIDO California that the foregoing paragraph is true and correct. comm.#1843731 � NOTARY PUBLIC CALIFORNIA o WITNESS my hand and official seal. z� ORANGE COUNTY ►" My Comm.expires May 5,2013 gnature of Notary � NAqrF 4 ..; " gg//��■■ 1pq! P�Wl .l'1.1( F, Though the data below is not required by laud, 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 EiNTITY(IES) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On ��''� � before me, ( 61//J'7/alZr personally appeared 2C &kmw , who proved to me on the basis of satisfactory evidence to be the person(s)whose names.) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his"-- eir authorized capacity(ies), and that by his herAaeir signature(a)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. WITNE S`mY hand and ial se Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California In such instances, any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.a cert*ng the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages Document Date 6 State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. ® Date of notarization must be the date that the signer(s)personally appeared which - must also be the same date the acknowledgment is completed. (Additional information) a The notary public must print his or her name as it appears within his or her commission followed by a comma and than your title(notary public). o Print the name(s) of document signer(s)who personally appear at the time of notarization. CAPACITY CLARVIED BY THE SIGNER Y Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. El Individual !he/sheltlhe},is/ate)or circling the correct forms.Failure to correctly indicate this (s) information may lead to rejection of document recording. ❑ Corporate Officer o The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county cleric. ❑ Attorney-in-Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) accnowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. ti Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). . Securely attach this document to the signed document City ®f Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov FF8_-1) 19�9 PQ ® Office of the City Clerk t Joan L. Flynn, City Clerk September 2, 2011 Kormx, Inc. 820 W. Service Ave., Ste. B West Covina, CA 91790 RE: CC-1398 —Water Well #2 Landscaping Enclosed please find your original bid bond for CC-1398. Sincerely, Joan L. Flynn, CIVIC City Clerk J F:pe Enclosure gp���vpnt/ 8bi � o� Waitakere, New Zealand 7- SOUP KORMX, iNC. 820 W. Service Ave, Suite B 121 West Covina, CA 91790 E ggg aj, Yl. a -M Mgpm q., S7 tT Xr� f v", ymm' m T�4 N Way a %- WA, ............ JQQ I q,00 9"M M On% �N,05,`j yvw,--�t IM i!� �Wm '4 V "Ayn-, Of No,ROOM mom za i,Z`4 ii PAC MR"21 m Vol= two Ww," "U, Q Oppy" My- N. -,4 loss-n Th,no,Q c "Who vex DRATOM 0,00, name "Wj MAS �V,L�:w,Q,A 4"M"On ,y_j. of its, TANTO Wo A.0 YAM7000-AMM 1 AN-.121 10"now 0 411 son Kh A www"IN W "Nam Y" MKO,"M,Q- yow--v ..........�', X_-__pU T-M4 011 W-W if -am, �A Q q :;,l '77 N7� <z L 74 i� 2- NG A'a MOWN R, V gm OW, I-y. Zvi ANN 1 await ASK mw- _W _040 yr Ogg— X1 QQ j" mow&& , A 'A AMR y YOU, ITS i�V 40�%S3,4', :,Y� W. I TAT 1 040=", "ON 1 OWN,�m W ANTa� 4 Or UK AN, na, City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For WATER WELL#2 LANDSCAPING NORTHWEST CORNER OF EDINGER AVE AND SPRINGDALE ST, C.C. NO. 1398 in the CITY OF HUNTINGTON BEACH May 6, 2011 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) The Reduced Pressure Backflow Prevention Device, including fittings, pipe, and any other appurtenances, shall be 1 1/4". In addition,the main feed pipe from the 1" meter to reduced pressure backflow device shall be a SCH 40 PVC 1 1/4" diameter. This is to acknowledge receipt and review of Addendum Number One, dated May 6, 2011. orM � ZncQF-- .. Company Name y S �l7Jl� Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Joseph Fuentes at(714)536-5431. SECTION C PROPOSAL for the construction of WATER WELL#2 LANDSCAPING from NORTHWEST CORNER OF EDINGER AVE.AND SPRINGDALE ST. CC No. 1398 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 tinder 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 30 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 tirne 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 fromm the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find O;dJ*-rS O&nd in the amount of$ to/ • 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 PROJECT BID SCHEDULE CC-I398 fietii:: 'sftriiate zteii'e .. . : :8►d�. ttd)I rtp6.1.-,.•..... ........... .. :1'.dt:<::;:Qt�antity: :.::�nrt:k'rrce:.. .:.:.Arnotxnt?::::: 11 2935 Remove and Replace existing improvements and replace with SF Sidewalk per HB Std.Plan 217(6"Thick;includes retaining curb $ $ ' L�73 7� as required) '- 12 2790 Remove and Replace existing improvements and replace with SF Sidewalk per 1413 Std.Plan 217(4"Thick,includes retaining curb $ J . p0 $ 13, 956 ° as required) —�— 13 2750 Remove and excavate all existing improvements in landscape area SF 33"deep including soil and replace with Class"A"Topsoil,30" $ '3. 60 $ 3 y- 75 Aa deep including rough grading and soil preparation —=T 14 2750 Purchase and install 3"thick engineered wood fiber chips in SF landscape area $ 0 $ 2557. 0 15 215 Purchase and plant 1 gallon shrubs per 1:113 Std Plan 712 EA $ • lv� $ ob I. 0 0 16 40 Purchase and plant 3 gallon shrubs per HB Std Plan 712 EA $ 21 (�� $ 0 7 P 17 9 Purchase and plant 15 gallon shrubs per HB Std Plan 712 EA 18 4 Purchase and plant 24"box Palm Tree per HB Std.Plans 714, EA 715,716,and 719 with 1 year tree gaurantee period $ t old l 00 $ q a 19 11 Purchase and plant 36"box Palm Tree per HB Std.Plans 714, EA 715,716,and 719 with 1 year tree gaurantee period $ 1 () $ 20 1 Fine Grade/Cleanup of Landscape Area ON LS $ �I� $ C-2.2 PROJECT DID SCHEDULE CC-1398 ICCCI:i '311tI1 tC(1- ':_:: ": ;>:.:,:.:•:<;:�:;:..:.:.:.:.:.:..::.:;,:.:.>:.:.:.:.::.>:::i::{ :-::: )cWq +? ::: �d Zt�m: e�crip>t>Fat�::::.:.:::.:::.:;:::;:.:::::::::::.:;:. '.;::<:'''•:•:»:::?:`....:..:..;.:.:.:.`...... Qua; ,:>.•.:. •::•: nrt.l1 k*6:"::::::•::.Ai Run1E:..,.•. 1 1 Mobilization LS $02/�oo � $ �� 5oo 2 1 Remove and Dispose of existing Metal Guard Rail LS $v�00 0.0"' $a,T_d0 3 1 Install new 1"water meter and 1"service per HB Std,Plans 109, 602,606,and 606A including all appurtenances,trenching, LS dD paving,AB,and connections $ '�-10� $ 6aO ` 4 1 Install solar irrigation controller enclosure cabinet per HB Std. Plan 722 including controller,rain gauge,cabinet,enclosures, 3000 00110 LS pull box,and all other appurtenances and connections $ ) - $3) 6 do' 5 1 Install all Irrigation mainline,laterals,heads,valves,wiring,and LS couplers per Irrigation Plan and HB Std,Plans 700 Series $ 9 137 $ G 3 , 6 1 Install reduced backflow prevention device per HB Std.Plan 701 LS including cage,valves,and all other appurtenances and $,3 a 2 w $ connections �---J 7 1090 Remove and replace existing improvements with dyed decorative SF concrete per specification and HB Std.Plan 217(4"thick and $ l�P _ 60 $ / e scoring) l9 8 1 Remove and Reconstruct Curb Access Ramp with Truncated FA Domes per Caltrans Std.Plan A88A(includes slot pave,AC $ ry U S � - pavement,AB,any adjacent curb and sidewalk) 00.Bp $dT —f go o 9 275 Remove and Replace existing existing 8"Curb per HB Std,Plan LF 201 (includes slot pave,AB,AC pavement Type"B.1") $ r 10 755 Remove and Replace driveways per Cal OCPW Std.Plan 1210 SF and 1209 with 4"lip(includes curb,retaining curb,slot pave,AB, $ 0 po $ / O AC pavement) C-2.1 PROJECT DID SCHEDULE CC-1398 Iteiii:5 sfitiia'te-:_::: >:=: ;: ': ...I..::.... : Ea teti e did; tetii: es�e�tptr ::: :::::::::::::::.:::.:.:.:::.::::..::'.'::. .....:: .::: :'<'.'< ''h :::.:.: u r'tFty: ?.... ::.:•:•..:•:•:.:..:;:::::•.•::.....,...... ...•.•.. . 1g(t.J€'I Am�un>...... 21 1 Provide 90 day plant establishment LS $ �JUD.ya $ SOD 22 6 Remove and Replace Traffic Pull Boxes per Specifications and EA adjust to final surface(size denoted on plans) $ ✓0 0.� $ a d c)- 23 10 Remove and Replace Traffic Loops `� a EA $ rl00 - $ ��000 24 1 Furnish Traffic Control with Plans 25 1 Install gravel pit with 2"diameter gravel wrapped with filter fabric(6"width x 24"depth X 70'length)as shown on plans O LS $ beneath engineered wood fiber in landscape area Total Base Bid Amount in Figures: $ 160 75. CO 5 Total Base Bid Amount in Words: o c, 6w, r_ S•1 Y ��it���� •------------- ----•---...........----•---- --------- - - -) --. ......... - •--......— -j All associated work, labor,materials and bid quantities to construct the Base Bid portion of CC- 1398 Water Well#2 Landscaping as depicted on the plans and/or specifications shall be included within the Total Base Bid Amount and no additional compensation will be allowed therefore. The Total Base Bid Amount will be the basis of award, ALTERNATIVE BII3 ITEM tiiiiafec to t�.. 34if ..tti::: .-:y•. ...•.:� ... . '•�f.. 'OtYtlt'•'•'•' ::?:�IIl P [C8::' t ti script ctn:; »: :::..........•.. ......• .•.•.•.............. Al 1090 Added cost to Replace 4"thick dyed decorative concrete with 6" O SF thick dyed pervious concrete per Specifications $ �� $ �� /75, O C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Naze and Address of Subcontractor State License Class o Work Number A�e�ic�n se-,4�0e a Ks v.a R,.e- (W(�7 VI7 64n, SCV91 �? 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 �J-oe- brit-e., Ca�de✓��S , being first duly sworn, deposes and says that he or she is _ G1�eev�-�- of �r Ta- 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. Toe- L/1rtL CarJeAe.,s Name of Bidder gignature offfidder P q'31q Armen iLl 0. pe.1 501 w e I nu+� �,Q�/71� Address of Bidder Subscribed and sworn to before me this_j uay of MO, , 201_L . NOTARY PUBLIC NOTARY SEAL C-4 State of California ) nty of Los Aroel ) CALIFORNIAAL JuRAT Co Subscribed and sworn to(or affirmed) before me on this day of , 20 by TOE rn-rS.S proved to me on the basis of satisfactory evidence to be the person(°° who appeared before me. JOSEPN CARD NAS COMM. #1882533 W&ry public California c Los Angeles County . Signature ,,, NIar.13,2p14 Seal OPTIONAL INFORMATION Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this jurat to on unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document E � � � E _ .._..E .._..._ This certificate is attached to a document titled/for the purpose of Method of Affiant identification Proved to me on the basis of satisfactory evidence: L0 form(s)of identification O credible witness(es) Notarial event is detailed in notaryjournal on: Page# Entry# j Notary contact: Other containing pages,and dated ❑Affiant(s)Thum bprint(s) ❑ Describe: } f O Copyright 2007-�2009 Notary Rotary,Inc. PO Box 41400,Des Moines,IA 50311-0507, All Rights Reserved. Form JUR01. 12/07 Please contact your Authorized Reseller to purchase copies of this form- 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 `F'ATE11 WELL 92 LANDSCAPING, (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 ivho, by reason of"experience or instruction, is familiar•ivith 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. Koren Contractor Title Date: �66 /it C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Govermnent 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 cornpleting a Federal, State or local government project because of a violation of law or a safety regulation? D Yes PdNo 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 con-imencing the performance of the work of this contract. kormx . Ens - Contractor Y Title Date: r,;'/1-7 11 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: �COt`mX ,�nc. Bidder Name '?)L-0 W. Business Address Wf— CovXn0'. Gj1-710 City, State Zip ((off Co ) -3I 4 Telephone Number y 1?q3o State Contractor's License No. and Class Original Date Issued -9 �-3 ( /,)o-I I Expiration Date The work site was inspected by Frwn k Q;1k- of our office on 1 , 201 1. The following are persons, firms, and corporations having a principal interest in this proposal: Joe, 0-ttrc6eA Preside , + An�- ca 1 � .�L�ar►5 D F ice-rs 1 1�1 Awe_ iJ, eI Sol GJo- lot t CA q( 79cl C-s The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. K ort►x I Z(l c . - Company Name ignature of Bidder —Soe ukr',be� Car4ee exs Printed or Typed Signature Subscribed and sworn to before me this 17 day of A a , 201 l NOTARY PUBLIC 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:l Name and Address of Public Agency -! Name and Telephone No. of Project Manager: T 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 Name and Address of Public Agency Name and 'Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-9 State of California ) CALIFORNIA JURAT County of lLo-% Amcleg ) Subscribed and sworn to(or affirmed) before me on this N17— day ` of 20 b �.1Z( � Vr 9 be rde^4 s D � , y , proved to me on the basis of satisfactory evidence to be the personw, who appeared before me. j0SEpN C NAS _OMM. #1882533 c t�aq public.California Los Angeles County Mar.13,2014 Signature Seal '4 OPTIONAL INFORMATION Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this t juror to an unauthorized document and may prove useful to persons relying on the attached document. y Description of Attached Document 3 This certificate is attached to a document titled/for the purpose of Method of Affiant Identification Proved to me on the basis of satisfactory evidence: Lo form(s)of identification O credible witness(es) Notarial event is detailed in notaryjournal on: Page# Entry# Notary contact: Other Affiant(s)Thumbprint(s) ❑ Describe: containing pages, and dated s i o Copyright 2007-2009 Notary Rotary,Inc.�PO Box 41400,Des Moines,IA 50311-0507, All Rights Reserved. Form JUR01. 12/07 Please contact your Authorized Reseller to purchase copies of this form. • KORMX, INC. GENERAL ENGINEERING CONTRACTOR 19314 AVENIDA DEL SOL,WALNUT 91789 PHONE:(909)595-6104 FAX:(909)595-9086 Project References County of Orange Public Works Dept. 300 North Flower Street, Santa Ana, CA 92703 Olive Island Sidewalk Imp. $305,000 Bob Stanfield—Project Manager(714) 936-9731 90%of own work forced used Completed: 8/28/09 City of Alhambra 111 South I st Street,Alhambra, CA 91801 2008 HUD Funded Sidewalk Curb& Gutter Repair$143,213.51 Amanda Eitel—Project Manager(626) 570-5062 100%of own work force used Completed: 9/l/09 City of Santa Ana Public Works Dept. 20 Civic Center Plaza, Santa Ana, CA 92702 Channel Inlet Mod. $110,375 William Albright—Assistant Engineer(714) 647-5029 90%of own work force used Completed: 9/10/09 City of Santa Fe Springs 11710 E. Telegraph Road, Santa Fe Springs, CA 90670 Sorrenson Ave Sidewalk Imp. $155,039.77 Robert Garcia—Project Manager(562) 868-0511 ext.7545 95% of own work forced used Completed: 10/19/09 City of South Pasadena 1414 Mission Street, South Pasadena, CA 91030 Oak Street Sidewalk Replacement Project$29,387.37 Gabriel Nevarez—Project Manager(626) 403-7248 100%own work forced used Completed 1/15/10 City Of Buena Park 6650 Beach Bvld, Buena Park, CA 90622 Improvements of Alleyways from 11th Street to 1 Oth Street and From Pacific Avenue to Tulare Street$63,591.01 Neda Ghazvini—Project Manager(714) 562-3689 95%of own work force used Completed 1/28/10 KORMX, INC. GENERAL ENGINEERING CONTRACTOR. 19314 AVENIDA DEL SOL, WALNUT 91789 P14ONE:(909)595-6104 FAX:(909)595-9086 Project References City of Montclair 5111 Benito Street, Montclair,CA 91763 Fremont Avenue Imp. Project $112,955 Steve Stanton—(909) 625-9444 100%of own work force used Completed 2/26/10 City of Baldwin Park 14403 East Pacific Avenue, Baldwin Park,CA 91706 CDBG/ARRA Street Improvements Project$305,105.00 Victor Chavez—Project Manager(626)960-4011 ext.459 90%own work force used Completed 4/30/10 County of Orange Social Services Agency 888 N. Main Street, Santa Ana, CA 92701 Restoration of Parking Lots $41,800.00 Steven Espinoza—Project Contact (714) 541-7712 100%own work force used Completed 5/28/10 City of Orange 300 E. Chapman Ave, Orange, CA 92866 ADA Wheelchair Access Ramps Various Locations FY 09-10 $66,075.00 Christian Saxe--Project Manager(714) 744-5567 100% own work force used Completed 6/25/1.0 Bond No. ASB-516078 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we Kormx, Inc. P.O. Box 688, Walnut, CA 91788 as Principal, (hereinafter called the Principal), and American Safety Casualty Insurance Company, , a corporation duly organized under the laws of Oklahoma, and authorized to transact a general surety business in the State of California, as Surety, (hereinafter called the Surety), are held firmly bound unto: City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 10 % of the accompanying bid of the Principal, not, however, in excess ofl'en percent of the total amount of the bid in dollars, 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. THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas, the Principal has submitted or is about to submit to the Obligee a Proposal or bid, dated on or about the date mentioned below, for: (1) the performance of the designated work, or(2) the furnishing of the specified goods, supplies or products, to-wit: Waterwell Landscaping #2 NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any amendment thereof acceptable to the Principal, within the time permitted therefore after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract or any part thereof and if the Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going thereinto, as in the specifications or contracts provided: or if the Principal shall in case of failure so to do, pay the Obligee the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal sum of this bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue. PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the time of notification to the Principal; and unless legal action to enforce any claim hereunder shall have been commenced within six (6) months from the date of the formal opening of said bid. PROVIDED, always, that this Bond shall not be valid and binding upon Surety unless accompanied by a Certified Copy of a Power of Attorney authorizing the undersigned Attorney-in-Fact to execute such a bond, the Serial Number upon which Copy of Power of Attorney shall correspond with the Bond Number set out above. Signed, sealed and dated this 16th day of May 2011 Kormx, Inc. Principal Name By: Principal American Safety Casualty Insurance Company Na urety Company By: Attorney-in-Fact Pietro Micciche CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On May 16, 2011 before me, N• S. Rodriguez, Notary Public Date Here Insert Name and Title of the Officer personally appeared PIETRO HICCICHE Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personK whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shcZheyexecuted the same in his/b� authorized capacity(jes) and that by his/t� signature(ey on the instrument the person(.e'j, or the entity upon behalf of which the person(z) acted, executed the instrument. M.S.RODRIGUEZ NOTARY PUBLIC CALIFORNIA e I certify under PENALTY OF PERJURY under the laws Q LOS ANGELES COUNTY g z of the State of California that the foregoing paragraph is COMMISSION: 1872651 ' MY COMM.EXPIRES JAN.Z,Z014 true and correct. WITNESS my hand and official seal. ,Signature Place Notary Seal Above ignature of NotaVilblic 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 _ EX 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.NabonalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 NUMBER. PO%TR'OF ATTORNE. Y KNOW ALL NZN BY 7H&4B PRESE1M.1 that Amencaa Safety Camalty;amrance Company has tnade,o00itiotted and appointed,add by tltese`presents'does make.' cuostikote and Appoints Patricia Zenizo,°Gracie Lopez,Pietro Micciche Vanessa Gutierrez• its an and lawfnt anomey-io-fact,for'it and its name,plan"... d stead to eaceute behalf of due said Compam7 as sn,c.%bonds.undertaking and eentrrads of suretyship' to tit given to ALL OBLIGEES provided that no bond or tradertakimg or contract of suretyship executed under this authority shall exceed in amount the sum of ***ONE MILLION***($1,000,000.00) DOLLARS*** TWs Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Director of the Company. on the'Eighth day of September;2003. RESOLVED.that the President.!n conjunction with the Secxstary or any Assistant Secretary may appoint attomeysria-fact or agents with authority as defined or limited in the Instrument evidencing the appointment in each ease,for and on behalf of the Company,to execute and deliver and affix the seal of tbo Company to bonds,undertakings, recognizancts,and suretyship obligations of all kinds;and said officers may remove say,such attorney-in-fact or agent and evoke any powerof attorney,previously granted io such permos. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obliplicu shall be valid and binding upon the Company (i)when signed by the President or any Vice-President and attested and sealed(d a seal be required)by any Secretary or Assistant Secretary or(ii)when signed by the President or any Nice-President or Se metaty or Assistant Secretary,and countersigned and.sealed(if a seal be required)by,a Holy authorized anomeyin-fact or agent,or(iii)when duly: executed and sealed(if a seal be required)by one or more attorney-in-fact or agents pursuant to and within the limits erf dx itutpodly evidenced by tie power of attorney issued by the Company to such peesmt or persons RESOLVED FURTHER.that the signature of any audwrized officer and the seal of the Company may be affixed by facsimile to any power of anamey or certification thereof authmiAmg the execution and delivery,of any bond;undertaking,recognizance,or other suretyship obligations of the Company;and such signature and seal when so used shall have the same force and affects as though mamnaily affixed. IN WITNESS WHEREOF,American Safety Caswlty Insurance Company has caused its official seal to be hereunto affixed,and these presents to be signed by its President and attested by its Secretary this Eighth day of September.2003. AttesCM. ��g5pp � Randolph L Hutto,secretary &. � f� 'fl! Stephan R.Crrm,President 'tic r xT STATE OF GEORGIA COUNTY OF COBS On the Eighth day of September.2003 before me personally came Stephen It.Crim,to hoe known,who,being 6l'me duly sworn,did depose and say that Ire is the"President of American Safety Casualty Insurance Company,,the corporation described in and which executedfix above instrument;dial he knows the seat of the said corporation;that the seal' affixed to the said instrumentis such cotpotato 11 Seal:that it was so affixed by eider of the Board of Directors of said co poratico and that he signed his name thereto by like order .�1 ODD - ; ate. ^"ate r Rnuh .Bankston;Nntazy Public N1N11µ Lthe undersigned. Setretmjr of American Safety Casualty Instuancc Company, aotlahome corporation,,DO HEREBY CERTIFY that the foregoing and attached; Poway of Attomey remains in full force and has ad been revoked;and;furthermore that the Resolution of the Board of Directors,set forth in the said Powex of Attorney,is now in fora=e. , Signed and Scaled at the City of Atlanta,in the State of Georgia +� iz€. Dated the16 th day of May 2011. tst�t�, ' lalnu Rand 1 h L Hutto,Secretary O[tT{t:v.ALS C-'i=;THIS NO\\�lt C)P'\TT6RNE) TItIT.PRIM CCD WITII RED,rNU TT U�I[3C RS Ill T1[.1C:\TES NIIALL Ti:VE.THE SM.OE FORCE AND,EFFEC I AS AN O€.ICi( lAL ONLY WIIE'N ISSUED IN("ONJUNCTON WITH ITILORIUNAL City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 o (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk T7 1909 t Joan L. Flynn, City Clerk September 2, 2011 Nobest, Inc. P. O. Box 874 Westminster, CA 92684-0874 RE: CC-1398 —Water Well #2 Landscaping Enclosed please find your original bid bond for CC-1398. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure gMpmpffi mpnt jnpJ ivo♦ Waitakere, New Zealand