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HomeMy WebLinkAboutAce Cd, Inc. - DD Systems Inc DBA Ace CD - 2010-09-20RECEIVED BY: CITY CLERK RECEIPT COPY I -" � Return DUPLICATE to,, ✓�r!''V(� \, " City Clerk's Office (Name)after signing/dating i (Date) . CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: 117V a44-7U --� 0f—CJ w DATE: SUBJECT: Bond Acceptance I have received the bonds for A-0-67 �_.-�'_..1 //1� (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 C%� � �- 1 � Agenda Item No. (Council Approval Date) City Clerk Vault No.t #27 gAollowup/bondletter.doc FROM: David Verone 04.1� DATE: 2-24-2011 SUBJECT: Retention Release Payment Company Name: DD Systems Inc. DBA Ace CD Inc. Address: 1199 Englewild Drive, City, State and Zip Code: Glendora, CA 91741 Phone Number: (626) 523-1141 Business License Number:A259847 Local Address: Same Notice of Completion Date:2/10/11 Contract Purpose: Transit Center on PCH 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. al this time. Date _ 0, Travis K. I certify that there are no outstanding invoices on file. 3/l(1ll Date ins, Public Works Director , Deputy 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. �� I � t 1� � a � 4_11L� Date Joan Flynn, Clerk Retention_Release_Payment.doc 2/23/2011 4:18:00 PM Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: 12,6 - Project: 1-r-IN Sri- (t IA -�EY_ k 4 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. r Executed this �% day of f eu tt { , 201 , at L ' S vl� � f Xe S , California. (Type Contractor Name) By: .a viq e-T k( ra S )'i-G 1,til- Name: [ e Name] Title: [Type Title) A ` O 981 k�A 'I, yo NEY _� 03 • � • tStp 247541 Certification of Compliance with Title VTI of the Civil nights 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: !` (6"4 C4A [ rA `"Q- The undersigned contractor on the above -referenced project {"Project") hereby certifies that it has complied with Title VI[ 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 2,#' day of , 20 (, 9 , at L1 0,( ,California. (I, pe Contractor.Name) YY Name: [Type Name] Title: [Type Title] R A oRNEY 2MIA CONTRACTOR'S CERTMCATE L (6- CQ I - 001)2vk�r- Atl�lky- state and certify that: (Same of Declarant) C � C is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: Cevvkey, t'io 'L r- cc. e7 {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 listod.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at APPROVED AS TO FORM By: Sq1 1 -7 Name: [Type Name] Title: (Type Title) on tins day of ''* 20(1 igna eo eclarant) 110914.1 RECEIVED BY: (Name) (Date) TO: Shari Freidenrich, City Treasurer FROM: Uf DATE: SUBJECT: Bond Acceptance I have received the bonds for 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. M 6 CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating MSC No. o � Approved / Agenda Item No. (C &ncilAppr'0val Date) rn City Clerk Vault No. 6CA-11 . J U #27 gafollowup/bondletter.doc MAINTENANCE BOND Bond # 1000835655 KNOW ALL MEN BY THESE PRESENTS: Premium: Included That: DD Systems, Inc. dba: ACE CD, Inc. (contractor's name] 1199 Englewild Dr. Glendora, Ca. 91741 [contractor's street address, city and state and zip code] as Principal (hereinafter called Contractor), and: American Contractors Indemnity Company (surety's name] 601 So. Figuroa St. Ste. 1600 Los Angeles, Ca. 90017 [surety's street address, city and state and zip a corporation organized and existing under the laws of the State of Calilfornia with its principal office in the City of Los Angeles, Ca. as Surety (hereinafter called Surety), are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of Dollars ($ ), 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 October 4, 2010 entered into a contract with Owner for the Transit Center on Pacific Coast Highway in accordance with drawings and specifications prepared by Eric A. Wiebke - Wilban Engineering which contract is by reference made a part hereof (hereinafter referred to as the Contract); and WHEREAS, the Contract provides that the principal will guarantee, for a period of one year, the work performed as part of the Contract from and against all defects in materials and workmanship; and WHEREAS, the Contract also provides that the Contractor shall secure Contractor's obligations during the one- year period with a bond executed by a surety duly admitted in the state of California; and WHEREAS, the Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be February 3 2011 . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shall be null and void; otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be; and declared by Owner to be in default under the Contract, the Surety shall, within thirty (30) following Owner's written notice of default, either: (a) remedy the default, or (b) shall promptly complete the Contract in accordance with its terms and conditions. Surety shall save the Owner harmless from any claims, judgments, liens or losses arising from the Surety's failure to either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner. Whenever the Principal shall be, and declared by the Owner to be in default under the Contract, .which shall include without limitation, any breach or default of the Contract, then, after written notice from the Owner to the Surety, as provided for below, the Surety shall either: (a) remedy the default or breach by the Principal; or (b) shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal, at its own expense, and make available 10-2567/50583 as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder; provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner. Within thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, it shall be the duty of the Surety to give to the Owner a notice, in writing, of the Surety's election to (a) remedy the default(s) of the Principal promptly, or (b) arrange for performance of the Contract promptly by a contractor other than the Principal, time being of essence to this Bond. In said Notice of Election, the Surety shall state the date of commencement of its cure or remedy of the Principal's default(s) or its performance of the Contract. The Surety's obligations for cure or remedy, include but are not limited to: correction of defective work and completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to act; and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance by the Principal). The Surety shall give prompt written notice to the Owner upon completion of the cure or remedy of the Principal's default(s) of its performance of the Contract. If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's default(s) of its performance of the Work within thirty (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 14th. day of February , 20 11 Principal Raised Corporate Seal [MUST BE AFFIXED] Principal Raised Corporate Seal (MUST BE AFFIXED] NOTES: 1. Acknowledgments must be completed and returned as part of the bond. 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. DD Systems, Inc. dba: ACE CD, Inc. (Contractor Name) By: (Seal) 0 2 10-2567/50583 Danny Daher President (Title) American Contractors Indemnity Company (Seal) Hill i-Fact ,fZVED AS TO FORM �b-.GRATH, City Attoxi'tey OF ATTOFtNE AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and `', U.S. Specialty Insurance Company; a Texas corporation (collectively, the "Companies"), Why --these presents'make, constitute and appoint: Gabr iel G. Hill or Gary F. Oltmanns of San Dimas, California its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name,.place_and stead, to execute, aeJcnowledge and deliver. any and alb boards, reeognizances, andertakings or other instruments or contracts of suretyship.,t Incl ude riders, amendi0eiiks, axed' consents' of surety, p &jA the fiend penalty does not exceed *******Iliree Million****** �- :` Dollars ($ *000*3. This Power of Attorney shall expire out further action on December 81012.Tfiis Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for an_d_orthehalf of the Company subject to the following, -_- pristns = — =- �Wey4W` may( liven full power ai d autbotit for iand in the name of and on behalfoQ�at o =*0e nowledge and deliver, any and all bonds, recoggigances, ntraets agreements or indemnity'; and other, conditional of obligatory undertaki#gs*dany rd a1i ttotki�d documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking;to which it is attached IN WITNESS WHEREOF, The Comparies have caused -tut instrument to be signed and their corporate seals to befiidreto affix , this 15`" day of June, 2009. State of California County of Los Angeles SS: On this 15t" day of June, 2009, before me, V. Wright, a notary public, personally appeared Daniel P. Aguilar, Vice'President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the p -- (# 1*ted, executed the instrument. -A- certify under PENALTY OF PERJURY under the laws of the State of CaI__ that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Cora�r ussiurt a tQ MO r * NoLos Angel Coui ty y 4.as AnOetes tsunty Signature -- `(_ ' (Seal) . tAy calnn, E ntqDec o, aotz �. I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United States ;Surety Company and U.S. Specialty - Insurance Company, do hereby certify that the above and foregoing is a true andcorrect copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 14 tb, , day of February 2011 Corporate Seals �� l TORpszy4 "r su, 0�'p TCEq��' Bond No 1 00083 5655 s irxoieautEo SEAS °° �l�J`j Jeannie J. Kim, Assistant Secretary y SEPr1b,1990 .� _ + Agency No. 6116 S' A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT J .•Yi ate' .rl"�Y'; rY.'� •�,�" tY '•✓'- ::T�'• a7':"L'%� � tY e%' eY 'u•Y .•YY"a9"" �: aY,•� a3" d' " �i"'ey�^. STATE OF CALIFORNIA County of Los Angeles On February 14, 2011 before me, Carrie J. Mulhern, Notary Public Date Here Insert Name and Title of the Officer personally appeared Gabriel G. Hill Name(s) of Signer(s) 9 %CARRIE J. MULHERN I COMM. # 1802640. (n NOTARY PUBLIC - CALIFORNIA p LOS ANGELES COUNTY My Comm. Expires JULY 3, 2012 Place Notary Seal Above who proved to me on the basis of atisfactory evidence to be the person(sj-whose name( fate subscri d to the within instrument aind_acknowledged to me th h e executed th me i authorized capacit s , and that b eft r signature(a -on the instrument the person�r the entity upon behalf of which the personMT acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my� and offipi seal. Signature �"�""`'�� Signature of Notary Pu i Carrie J. Mulhern 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's.Name: ❑ Individual ❑ Corporate Officer —Title(s)— ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here PLEASE COMPLETE THIS INFORMATION This Document was electronically recorded by City of Huntington Beach RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: David Verone P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder II III II I III IIII II II II III II II IIII I II IIII I II II NO' F E E 2011000075957 10:38am 02/10/11 93 401 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to DD Systems Inc DBA Ace CD. who was the company thereon for doing the following work to -wit: TRANSIT CENTER ON PACIFIC COAST HIGHWAY, CONSTRUCTION CONTRACT-1267 That said work was completed February 3, 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 February 3, 2011, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract American Contractors Indemnity 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 February 9, 2011. /r l Cirector of Polic Works or City Engineer ity of Hunti6gton Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of-Qrange Coupty. ,i of? Dated at Huntington Beach, California, this February 9, 2011. /,. `f,✓ ,,• erector of Pub' Works or City Engineer City of Huntington Beach, California THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RECEIVED BY: CITY CLERK RECEIPT COPY Id Return DUPLICATE to A-i,;�,- City Clerk's Office (Name) i after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: 47-,-x-� (,)*C�41 7-LI DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. %169 MSC No. 046 Approved (Council Approval Date) (Company Name) 603 r o 0 Agenda Item No. City Clerk Vault No. #27 g:/followup/bondletterdoc CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Ace cd,Inc. FOR Transit Center on Pacific Coast Highway TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 7 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 11 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 17. WAIVER OF CLAIMS 12 18, INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 14 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 16 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 17 26. NON -ASSIGNABILITY 17 27. CITY EMPLOYEES AND OFFICIALS 17 28. STOP NOTICES 17 29. NOTICES 18 30. SECTION HEADINGS 18 31. IMMIGRATION 19 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 19 33. ATTORNEY'S FEES 19 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 20 36. DUPLICATE ORIGINAL 21 37. CONSENT 21 38. SURVIVAL 21 39. MODIFICATION 21 40, SIGNATORIES 21 41. ENTIRETY 21 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Ace cd, Inc. FOR Transit Center an Pacific Coast Highway 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 Ace cd, Inc. , a California corporation , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Transit Center on Pacific Coast Highway in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or g/agree/surfnet/cityconst I of 22 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/surfnet/cityconst 2 of 22 5110 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/surfnet/cityconst 3 of 22 5110 "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Eighty four thousand one hundred nine dollars and eighty five cents 9@14af8 ($ 84,109.85 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 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/c i ty const 4 of 22 5110 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the g/agree/surfnet/c i ty const 5 of 22 5110 changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be. adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. g/agree/surfnet/cityconst 6 of 22 5/10 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, g/agree/surfne t/c i ty const % of 22 5110 the sum of Five hundred Dollars ($ 500.00 ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting g/agree/surfnet/cityconst 8 of 22 5110 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as g/agree/surfnet/cityconst 9 of 22 5110 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 5/10 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the g/agree/surfnet/cityconst 11 of 22 5/10 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone g/agree/surfnet/cityconst 12 of 22 5110 directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. g/agree/surfnet/cityconst 13 of 22 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 g/agree/surfnet/cityconst 14 of 22 5110 evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. g/agree/surfnet/cityconst 15 of 22 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 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/surfne t/c i ty const 16 of 22 5110 and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of g/agree/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 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: City of Huntington Beach ATTN: David Verone 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: Ace cd, Inc. 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 define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent g/agree/s urfnet/c ity const 19 of 22 5/10 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/citycon st 20 of 22 5110 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 41. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that 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 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 Y ' �n 20LO. CONTRACTOR By: print name ITS: (circle one) Chairm residen Vice President AND CITY OF HUNTINGTON BEACH, a municip,�l corporation of the tate of California INITIATED AND APPROVED: Director of NA Works i By: ro vy Dy d REVI AND APPROVED: ri t nam ITS: (circle on Secret ry/Chief Financial Officer/Asst. ty Administrator Secretary - Treas APPROVED AS TO FORM: r, � v��/� City Attorney g/agree/surfnet/c ity const 22 of 22 5/10 SECTION C PROPOSAL for the Transit Center on Pacific Coast Highway from 1't Street to Huntington Street C.C. No.1267 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. G1A 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 $ ich said amount is not less than 10% of the aggregate of the total bid price, as reqby the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's: Si nature: C-2A TRANSIT CENTER ON PACIFIC COAST HIGHWAY, CC 1267 PROJECT BID SCHEDULE ,ITEM' �.- �. EST�IIV�A'1✓D� rr;" �v s y, . ti '�3 �' '; � ��, � z�ITE � 4� � � #�� ; �3 � �'��` 1 yr �; �� �✓ -� Ed H NITS ,-.� Y, �.S � . ��E�.�'1pED asw 7 ? d'.+d 4, � „7 �r� wh . � � � s � ��s �,�*^ a. �. 1 1 LS Mobilization 5 Per LS 2 1 LS Clearing & Grubbing Per LS 3 120 SF PCC Pavement Per SF 4 5 CY Bent Cap w/4 Piles Structural Concrete (incl. reinforcement) Per CY 5 25 CY Spread Footing Foundation Structural Concrete (incl. reinforcement) $ $ I Z o5 Per CY 6 5 EA Furnish and Install Self -Irrigating Systems $ $ 0 Per EA 7 5 EA Furnish and Install Planters o v Per EA $ 5 EA Furnish and Install Trash Container Per EA 9 1 LS Re -Establish Existing Irrigation System , Per LS C-1 12 Per LS 25 CY I Unclassified Excavation Per CY 13 30 LF Furnish and Install Handrail y L $�12�' Per LF 14 1 LS Furnish Traffic Control (Includes Traffic �, s Control Plans & Caltrans Permitting) 13aLl $, 311$0d� Per LS 15 4 EA Install City Furnished Concrete Bus Shelters $ 5° $ 5 eq O Per EA 16 100 EA Furnish and Install Landscaping -Shrubs (1 Gallon) $ 5t5 $ 55Q Per EA 17 1 LS Remove and Dispose Tree v Per LS Total Bid Amount, Bid in figures: $ 4/ j Dq ` g5 Total Bid Amount, Bid in Words: 6��_ �,��� t CQ.KS'ct G'r1 C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. portion Name and.4dd'ress of Subcontractor State License Class 9f Work Number Q i lfbgq DesjC�c 11r 50 M qs 3 CW 'C 10 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 G S , being first duly sworn, deposes and says that he or she is vc -� of ,�- C W /ti c - the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Ace- Qdl tic Name of Bidder Signature of Bidder "0 Lf- ACr& vd � We y ye-�4 Address of Bidder Subscribed and sworn to before me this &,At day of � > 20 10 . CARRIE J. MULHERN COMM. # 1802640 (A NOTARY PUBLIC • CALIFORNIA C) J LOS ANGELES COUNTY —' NOTARY PUBLIC My Comm. Expires JuLY s, 2012 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 TRANSIT CENTER ON PACIFIC COAST HIGHWAY, (n(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 9 /-W / 0 C-5 ,�- C,e. C'l n Contractor DcqtnV� �le By L, n.V1 �. Title 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 dNo 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. Date: LW - C.7 Ace �/ /14c . Contractor By Title IDENTWICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This forth is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: 4R- 1ST Bidder Name M tf� Xfr&W Business Address U� WY-Y1e. _ cj4 V 7 50 City, State Zip tC',() 85,� 0,2,.5 Telephone Number 901 - State Contractor's License No. and Class 1; 2 A-0 &Vk. Original Date Issued to%i3%10 Expiration Date The work site was inspected by PX4 vAyl bit _her —of our office on 17/ , 20 f 0 The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. 9C ' ttn C Company Name Printed or Typed Signature Subscribed and sworn to before me this3kAay of A iA J 20. . CARRI�E J. MULHERN COMM. # 1802640 (D _ NOTARY PUBLIC - CALIFORNIA p J (n LOS ANGELES COUNTY My Comm. Expires JULY 3, 2012 NOTARY PUBLIC"��e� 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: 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 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 PARTIAL LISTING OF PROJECTS COMPLETED / REFRENCES Project Description / Location Value Year Completed Contact Name Telephone 1 CYPRESS COLLEGE TENNIS COURTS $983,000 2003 Steve Bachor 909 980-6716 9200 Valley View Street Project Director Cypress, CA 90630 PCM3 Construction Management Co. 10440 Trademark Street Ten Tennis Courts, Ball Wall, Lighting, Fencing, Landscape Irrigation Rancho Cucamonga, CA 91730 2 CHINO YOUTH CENTER $125,000 2002 Mike Kolling 909 464-0768 13220 Central Avenue 13220 Central Avenue Chino, CA 91710 Chino, CA 91710 Parking lot Remove and Replace, Concrete Curb and Walkways, Lighting, landscape Irrigation 3 COVINA PARKS $378,000 2002 Robert Staples 818 388-0564 3 Locations Project Manager 125 East College Street Prose Grantwriting Services, LLC Covina, CA 91723 711 E. Walnut Street Pasadena, CA 91101 Playground Equipment, Drainage, Playground Surface, Demolition 4 AUTOMOTIVE REPAIR SHOP $800,000 2007 Robert Gharibian 909 260-9000 2036 Arrow Hwy Owner La Verne, CA 91750 Design and Construction for 3,500 sf concrete block building, framing, parking lot, lighting, landscape irrigation 5 SINGLE FAMILY RESIDENCE $200,000 2007 Abraham Fakhoury 909 900-2584 951 North Glendora Ave, Owner Glendora, CA 91741 Exterior and interior remodel, Flooring, Doors, Windows, Cabinets 6 SINGLE FAMILY RESIDENCE $1,900,000 2003 Val Dare 323 428-2004 1436 Tangelo Lane Owner La Habra Heights, CA 90631 Design and Construction ground up complete in place 7 SINGLE FAMILY RESIDENCE $1,500,000 2009 Alia Abboud 206 795-9665 1145 North Glendora Ave Glendora, CA 91741 Design and Construction ground up complete in place 8 CURB /GUTTER AND SIDEWALK City of Glendora Various Locations $81,000 2010 City of Glendora 626 914-8258 American Contractors Indemnity Company 601 S. Figueroa St., Suite 1600, Los Angeles, CA 90017 (310) 649-0990 BOND NO. 1000835618-10 PREMIUM BID DATE: 08/31/10 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, DD Systems, Inc. dba: ACE CD, Inc. (hereinafter called Principal), as Principal, and American Contractors Indemnity Company , a corporation, organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of California (hereinafter called Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called Obligee) in the penal sum of Ten percent ( 10 %) of amount bid not to exceed Eleven Thousand and 00/100 Dollars ($ 11,000.00 ) 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 the Transit Center on Pacific Coast Highway, CC No. 1267 s NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, then this obligation shall be void. If the Principal shall fail to do so, then the undersigned shall pay the obligee the damages which the obligee may suffer by reason of such failure up to and not exceeding the penal sum of the bond. SIGNED, SEALED AND DATED THIS 30th. DAY OF August 2010 DD Systems, Inc. dba: ACE CD, Inca PRINCIPAL By: Am ican o tr ctors Indemnity Company By: G rieI Hill Attorney -in -Fact HCCSZZ22OB06104 C AMERI0I4 AN CAN CONTRACTORS INDEMNT = IY= UNTIED STATES SUl�+,'flY` Y S. SPECIALTY IN N%1v ULVY'15 — _ -- EA KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the ` Comp Ies T O b- hese presents make cIQ tut ; ui�' appoint: _ �0 Q'p y Oltmanns of San Dimas, Calticornra its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other -instruments or contracts of s r +phi u de riders, amendTp tanal O.Wsepts of suretyro id h _ penalty does not -exceed - = _ 7 e Million** 110, * III I ij ., I;; !i, Dollars ( * ,(1 This Power of Attorney shall expire 1 l on DecemberGilo`o i1264' >s'iPgv +eV of Attorney is e _ u r -Md lir authority of the following resolutions aMpted--by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions Attu i aarmay be ven full power agdgutJ6r1 fQ nd'i3� I,* natti� of and on beh f My exeeut cknowledge anddehvgr -any bd;ohs ecncera reements or inderip�t�tItniitheIonijit�t��iI Q�tiobligatory undertnhraac#l_ and documents canceh€�gar tecistin rstpaiy sliabiltunder, and any such ytrns,�d'ezcittei� b'y any such Attorney-mctshal€ lidingpon the Company as if srgne3 by ire Fiesidit and sealed and effected by the Corporate Secretes Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking -to which it is attached. -' _ IN WITNESS W 1WOF, The Cora n e avg�aus l instrument to'bt signed a>id:thetr.corporate seals tom l as a ced s i 5th day of June, 2009. _ - AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corpozat Sear�aytro��yQ saw et;r f B� S r.6,1^ 503 �_niel�- Aguilar, ilar, Vice President - State of California Countyo_Los^-rages SS: On this 15" day of June, 2009, before tee, V Wright, a- notary public, peisonall'y appeared Daniel P. AguilaVVW srdent of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same- in his authorized capacity, and that,by his signature on the instrument the person(s), or the entity upon behalf of- wh ch the per n(s) seaed, executed the iftstrt rnent: I certify- underPENALTY OF PERJURY under the laws of the State of C�hforrna that the foregoing paragraph is true: arid correct. WITNESS my hand and official seal. v WRIGHT; COMITission a 0261411 zu flotarl Public - Cailfornla t,ual &194 les Coutrty Signature ' \ _ (esl _ - __ M ConaYtly:LiiritieeRec8.zalz� - __ -- - I, Jeannie J. Kim, Assistant Secretary of Arr encan Contractors Indemnity C��rn airy, l Tnited States Surety Company andfi S:-Specta�ty Insurance Company, do hereby certify tfiat the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In -Witness Whereof have hereunto set my band and affixed the seals of said Companies at Los Angeles, California this 3 th _ day of August , 2010 Corporate Seals `o��QpCTOps�yo 7����c Bond No.1 000835618-1 Agency No. f 1 1 f _ y6 Jeannie J. Kim, Assistant Secretary_. CALIFORNIAALL-PURPOSE ' a9' y � es'ra'r:'"•" aY/,�' '.e9 d'>'�aa�"y' ei' rY ✓ s/i�aY' "r7:" ate;--ms y' eY' "eY �73^' STATE OF CALIFORNIA County of Los Angeles } On August 30, 2010 before me, Carrie J. Mulhern. Notary Public Date Here Insert Name and Title of the Officer personally appeared Gabriel G. Hill Name(s) of Sione, who proved to me on the basis of tisfactory evidence to be the person(s'f whose nam®(5)subs 'bid to the within instrument an�dackrwledged to me th ey executed t .saLme authorized capaci#y.(ies), and that yb,b.i &thffitr signaturefs)-on the instrument the persola(sj-, or the entity upon behalf of which the persoa(sj- acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of CARRIE J. MULHERN the State of California that the foregoing paragraph is true o COMM. # 1802640 cn and correct. °° NOTARY PUBLIC CALIF012NIA p LOS ANGELES COUNTY i Witness my haJ and offic' seal. My Comm. Expires JULY 3.2012 C signature`s Place Notary Seal Above Signature of Notary Pu c arrie J. Mulhern OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner — ❑ Limited ❑ General, ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Ac,e i �i Vcryl 2010 AUG 31 PH 1: 26 I �,,,,T C i 2010 AUG 31 Vh 0 11 'i Cl CH �,�o� prepew+Q 0 )1e—o cc,�N4-r Ok7 PCH 4yv wl -.Co �o"J"Iv\6W-v S�. C,C^ No, (26-7 PL",4,v\g Jv-1 CA 0. PRY" 2010 AUG 31 PH 1: Y Cj RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signingtdating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: 0%y—/���5 i�i7=�G1� DATE: .1 / SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. _,1oZ�2 4- MSC No. Approved (Council Approval Date) (Company Name) /OOC) F3 S'6j-7�- /000 Agenda Item No. City Clerk Vault No #27 g1followup/bondletter.doc Bond No. 1000835655 (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to DD Systems, Inc. dba: ACE_ CD 1199 Englewild Dr. Ulen—dora, Ca. 91741 (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract) for the work described as follows: Transit Center on Pacific Coast Highway tProiect NO) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, matefralmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and American Contractors Indemnityty Company 601 So. Figueroa St., Ste. 1600 Los Angeles, Ca. 90017 (name and address of surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"}, as Surety, are held and firmly bound unto City in the penal sum of - --- - - ------ Eighty -Four Thousand One Hundred Nine and 85/100 dollars, { 84,109.85 ), 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. THE CONDITION OF THIS OBUGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fall to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherWze, this obligation shall be nufl and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. in case any action is brought upon this bond, Surety further agrees to pay aft court costs and a reasonable attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, =san.i PAYMENT BOND Pagel of 2 Bond No, 1000835655 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 §§ 2W and 2849. IN WnWESS VMEROF, each party represents and warrants thbt this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this Instrument have been duty authorized pursuant to the authority of its governing body. Surety. by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond, Fated: October 19, 2010 ATTEST (Corporate Seat) ATTEST DD Systems. Inc. dba: ACE CD, Inc. (Principal Nam) By: Nye; fanny aher Its: President (Corporate Seat) America tractors Indemnity Company u ty Name) By: Name: abriel G. Hil (Signature of Attorney -in -Fact for Surety) 8f 00 ; 486-6695 (Attach Attomey4n-Fact Certificate) (Area Cade & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By' ennifer Mc rath�i S jb6 ity Attorney 1 Note: 77& bond must be executed In dupttoate and dated, all slgnatams must be notarized, and evidence of the aaMo fly of any person sfgning as attomey--in-fact must be attached. zz.sas: PAYMENT BOND Page 2 of 2 OF ATTQRNEY AMERICAN CONTRACTORS INDEMNI �O -ANY IGNITED STATES SURETY C011�tPANY U.S. SPECIALTY INS�AN MONMNY- „•• KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company,_ a Maryland corporation and U.S. Specialty Insurance Company, a_ Texas corporation (collectively, the mpese presents rr}alGi cttsi#ttutttc ajoint: _ �: � � � ill ;.� �' it! i i i•ai _ = _ `= �i �i ug� iQ l,1 0t or, 0ii y Oltmanns of S - fiffi sXMff rma 1:1--- its true and lawful'Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts --of supgW i de riders, amend � ttsri anal b' A� ats of surety�lr�d th Io penalty does not exceed - _ Te Million Dollars ( OI.t This Power of Attorney shall expir��I _ tkr� Midn on December,"kl"„�I Teals tio�ver° of Attorney is to r tl�y- authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions �ittox p :» ref e en full power , Ou� }iy f and; �� n�,'! of and on behs of the Ct m y, execu(6 acknowledge and deit�t€r, auy and all bonds _ fctti_nces£ctirgreements or indem�tnkit dthr �o0t�itiatl, by obligatory unde annll and documents ceegr terr;ittnghe C--anpai _ idbility hereunder, and any such StYSlhumaiitg;' o'ex etlrted'T�y any such Attorney -fact steal be bitidingupon the Company as:f s netLby.:tlie Pr sident and sealed and effected by the Corporate Secretary. Be It Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking -to which it is attached IN WITNESS: WHEREOF, The Con@ av" e l&-instrument to be signed grid ,iheir corporate seals tome h to affix d, 5 — - - 15' day of June, 2009. _ AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Cofpo ct Sear t�tT04 peer WevPawt>Fo SER26,IM 9 SEAL, ��fIFBRtt�'� WOO � State of California By: Daniel P. Aguilar, Vice President Count y-cf Los Angeles SS: On this IS'h day of June, 2009, before�ne, V �Jright, a notary public, personally appeared Daniel P. Aguilar; Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same_ in his authorized capacity, and that by his signature on the instrument the-erson(s), or the entity upon behalf of - which the persons) armed, executed the instxixment: J certify nndei PENALTY OF PERJURY unn , &r the 'laws of the State of Cfflifbfii that-Ahe foregoing paragraph is true and correct. WITNESS my hand and official seal. V. WRMHT cornrnission • 1826148 f f a fYptof PllbilC 4 • callfornia _r' 2 L r Los.phgalra County t�e,= Signature t� tSeal) - >ro� carnTO, aace.2o12� I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United'Staates Surety Company and U.S.=Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness- Whereof,_-I:have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 19 th day Octaker ,2010• of - Corporate Seals A Vo��Q,ptTO,py��G \ S- � ; 5P TCt A<Ti Bond No. 1000835655 s atc�eaeuEo 1 SEAL_ y y Jeannie J. Kim; Assistant Secretary ay SFPr 46 t990= � �y p. i- c Agency No. 6116 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT o 'J'2 3i a�','y'6`✓ 3', es"`Y;'+✓'q`✓X`"✓Z ayyr✓y�>"�i'� ��as"r ey er6 eYX".r :�i��rr,�rY'.`�' d' ��a3;��• i3"`d." err�err�eYC' STATE OF CALIFORNIA County of Los Angeles On October 19, 2010 before me, Carrie J. Mulhern. Notary Public Date Here Insert Name and Title oft a officer personally appeared Gabriel G. Hill Name(s) of Signer(s) CARRIE J. MULHERN COMM. # 1802640 cn Q-" NOTARY PUBLIC - CALIFORNIA —1 LOS ANGELES COUNTY a My Comm. Expires JULY 3, 2012 R Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persorlW whose name(s)ggare subscribDd to the within instrument and ac nowledged to me th she I;ay executed the me iauthorized capacltykies); and that by�ir slgnature�sj on the instrument the persorjps -, or the entity upon behalf of which the person sy acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my han nd offici eal. Signature Signature of Notary Public PIrrie J. Mulhern •�#W, I -- -_ - — _- _ - - -_ - -_- _--. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Bond No. 1000835655 Premium: $2,523.00 - Premium based on final contract amount KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as TM has, by written agreementdated October 4 , 2010 , entered into a contract with DD SyStems. Inc. dba ACE, CD, me 1199 Englewild Dr. Glendora, Ca. 91741 (name and address of Contractor} (hereinafter referred to as "Principal'), for performance of the worts described as follows: Transit Center on Pacific Coast Highway (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract'), are incorporated herein by. this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, futl and faithful performance of said Contract. NOW THEREFORE, we meri�can ntrcro snmhiy Company 601 So Eignerna !k Ste I WO Los Angers,. Ca. 90 17 (name and address of Surety) (a duty admitted surety insurer under the laws of the State of Calftmia and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of Eig -Fo dr Thousand One Hundred Nine and 854100 Dollars ($ 84,109.85 }, this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the united States, for the payment of which sum, well and truly to be made, we hind 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 bythe 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 referred to as "Obligees") from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, it shall be and shall remain In full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract time or contract price, and PERFORMANCE BOND Page 1 of 2 Bond No. 1000835655 any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments -in the penal sum to City. on not Tess than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond steal! survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duty executed by Principal and Surety, on the date set forth below, that the name of each corporate party using affixed hereto is such parry's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated. October 19, 2010 ATTEST DD Systems, Ine.dba: ACE CD, Inc. (Corporate Seal) (Principal Name By: 4�0� Name: Danny Dahe-r Title: President ATTEST American Contractors Indemnity Company (Corporate Seal) u ame) By: Name. G. Hill (Signa a of Attorney -in -Fact for Surety) (Attach Attorney -in -Fact Certificate) 8{ 00 ;. 486-6695 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OUNT1NCTON BEACH a , ennifer Mc ath xllsl6� ity Attorney Note: This bend most be executed in duplicate and dated, ag signatures must be notarized and evidence of the authority of any person signing as attomerWact must be attached. 871MIJ PERFORMANCE BOND Page 2 of 2 AC(OR" CERTIFICATE OF LIABILITY INSURANCE �,� tYYYY 10/15/210 DATE (MMIDD010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Southern California Insurance Brokerage, Inc. P.O. Box 758 License #OC91978 Glendora CA 91740-0758 CONTACT Justine Bustillos/Cath Robles , NAME: y PHONE /c NNo ,�: (909)592-2215n )O( FAA/C No:(909)305-0391 a DDDU E-MAIL Justine@ socal insurance. com PRODUCER 00004542 C T MER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED DD Systems, Inc., DBA: ACE CD, Inc. 1199 Englewild Dr. Glendora CA 91741 INSURERA:Arch Specialty Insurance Co INSURER B : INSURER C : G �i GR/E C INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:10/11 STD 30 DAY x OUT REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDDNYYY POLICY EXP MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGEPREMISESS (Ea occurrence RENTED 5O 000 $ r A CLAIMS -MADE 7 OCCUR 39CGL04480-00 5/25/2010 5/25/2011 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 , OOO r OOO $ PRO- X POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO _ T� A p� P ED A O FOP, BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ - SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS J I R cGRAT lly 0 ti PROPERTY DAMAGE (Per accident) $ $ $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE WC STATU- OTH- TI ER E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ E L DISEASE - POLICY LIMIT $ If yes, descrbe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: TRANSIT CENTER ON PCH CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS, & EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDIS- A/I BLANKET RRIC-CGL-E6 (5/02) ATTACHED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF HUNTINGTON BEACH ACCORDANCE WITH THE POLICY PROVISIONS. 2000 MAIN ST. P.O. BOX 190 AUTHORIZED REPRESENTATIVE HUNTINGTON BEACH, CA 92648 Diana Kubo, CISR/JNP ACORD 25 (2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. T e ACORD name and ore tered marks of ACORD MP?t €69 ed with pdfFactory tria�'version www.pd aCa y. I om Additional Named Insureds Other Named Insureds ACE CD, Inc. Doing Business As ACE CD, Inc. Doing Business As OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC PDF created with pdfFactory trial version www.pdffactory.com Policy # 39CGLO4480-00 Named Insured: DD Systems, Inc. dba: ACE CD, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed coverage is provided to the Additional Insured(s) named in this endorsement as follows: 1. As respects liability covered under COVERAGE A only, SECTION II of the policy (who is an Insured) Is amended to Include any person or organization that the Named Insured has agreed in an insured contract to name as an additional Insured provided the bodily injury or property damage first takes place after the execution of the insured contract and the bodily Injury or property damage arises from your work performed during the policy period. 2. The applicable limit of our liability shall not be Increased by the inclusion of any number of Additional Insureds. 3. Other than as expressly modified herein, coverage for the additional insured Is governed by the terms and conditions of this policy, including the insuring agreements. 4. The coverage provided for additional insured(s) Is only to the extent of and in the proportion the Additional Insured is held liable for the negligence or strict liability/conductslacts of the Named Insured. No coverage is provided for liability based upon the acts, errors or omissions of the Additional insured. As Per Written Contract - City of Huntington Beach, its elected or appointed officials, agents, officers, employees and volunteers are additional insured All other terms, conditions and exclusions remain unchanged RRIC-CGL-E6 (5102) Page 1 of 1 e CERTHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-15-2010 CITY OF HUNTINGTON BEACH 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 GROUP: 000238 POLICY NUMBER: 0011981-2009 CERTIFICATE ID: 4 CERTIFICATE EXPIRES: 03-01-2011 03-01-2010/03-01-2011 SC JOB:TRANSIT CENTER ON PCH This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or after the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, �and {iconditions, of such policy. V��1��f:Q/iiJft� tthor,zed Representative 6 Interim President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT H1600 - DAHER, DANNY P,S T - EXCLUDED. EMPLOYER DD SYSTEMS INC SC 1199 ENGLEWILD DR GLENDORA CA 91741 SC APPR V AS TO ORM JENN FE CG T CitMtt Oyt �g�►a [B10,SC1 (REV.1-2010) PRINTED : 10-15-2010 PDF created with pdfFactory trial version www.gdffacto[y.com �cA,9zuy COMMERCIAL AUTO CA2154O3OG THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA UNINSURED MOTORISTS COVERAGE - BODILY INJURY Fora covered ^eutn^ licensed orprincipally garaged in or "garage operations" conducted in California this en- dorsement BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by{he*ndonsemer8. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Named Insured: o o SYSTEMS, INC. oBu: ACE CD INC' Endorsement Effective Date: 03/12/10 Name: James Furey Title: PresidentAC Signature: / Date: 03/15/I0/' CountersiqnatureQfAuthorized Representative SCHEDULE Limit Of Insurance: $1,000,000 Each "Accident" hown above, will be shown in the Declarations. INSURED C|GO Properties. Inc., 2005 Page I of 6 0 c. Insurrection, rebellion, revolution, usurp power, or action taken by governme rital a g, thority in hindering or defending a It n] any of these, 1 0 - 1. Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accidentthe most we will pay for all damages resulting from any one "accident" is the Limit of Insurance for Un- insured Motorists Coverage shown in the Schedule or Declarations. 2. For a vehicle described in Paragraph b. of the definition of "uninsured motor vehicle", our Limit of Insurance shall be reduced by all sums paid because of "bodily injury" by or for anyone who is legally responsible, including all sums paid or payable under this policy's Liability Coverage, 3. No one will be entitled to receive duplicate payments for the same elements Of "loss" der this Coverage and any Liability Coverage form or Medical Payments Coverage en- dorsement attached to this Coverage Pail. We will not make a duplicate payment under this Coverage for any element of "loss" for which payment has been made by or for any- one who is legally responsible, We will not pay for any element of "loss" if a person is entitled to receive payment for the same element of "loss" under any workers' compensation, disability benefits or similar law. The Conditions are changed for California Unin- sured Motorists Coverage — Bodily Injury as fol- lows: 1. Duties In The Event Of Accident, Claim, Suit Or Loss is changed by adding the follow- ing: a. Promptly notify the police if a hit-and-run driver is involved; and b. Send us copies of the legal papers if a "suit" is brought. In addition, a person seek- ing coverage under Paragraph b. of the definition of "uninsured motor vehicle" must: (1) Provide us with a copy of the complaint by personal service or certified mail if the "insured" brings an action against the owner or operator of such "unin- sured motor vehicle"; (2) Within a reasonable time, make all pleadings and depositions available for copying by us or furnish us copies at our expense:and 9 ISO Properties, Inc., 2005 INOTMED xMcaszoo 4. Other Insurance in the Business Auto and Garage Coverage Funna and Other Insur- ance — Primary And Excess Insurance Pro- visions in the Truckers and K8Vior Carrier Coverage Forms are nap|ooed by the following: If there is other applicable insurance available under one or more policies or provisions of coverage: o. The maximum recovery under all Coverage Forms orpolicies combined may equal but not exceed the highest applicable |imitfor any one vehicle under any Coverage Form or policy providing coverage on either e primary Vrexcess basis. b. Any insurance we provide with respect too vehicle the Named Insured does not own shall be excess over any other collectible uninsured motorists insurance providing coverage nnoprimary basis. n. If the coverage under this Coverage Form is provided: (1) On a primary basis, wewill pay only our share of the "loss" that must be paid under insurance providing coverage on a primary basis. Our share is the pro- portion that our limit of liability bears to the total of all applicable limits of liabil- ity for coverage on a primary basis. (2) On an excess basis wewill pay only our share of the ^|nas" that must be paid under insurance providing coverage on an excess basis. Our share is the pro- portion that our limit of liability bears to the total of all applicable limits of liabil- ity for coverage onanexcess basis. 5. The following Condition isadded: ARBITRATION a. If we and on "insured" diS8gnao whether the ^inaured" is legally entitled to recover dam- ages from the owner ordriver ofan "unin- sured motor vehicle" or do not agree as to the amount of damages that are recover- able by that "|nsured^, the disagreement will be settled by arbitration. Such arbitra- tion may be initiated by a written demand for arbitration made byeither party. The ar- bitration shall be conducted by o single neutral arbitrator. Howeve/. disputes con- cerning coverage under this endorsement may not be arbitrated. Each party will beer the expenses ofthe arbitrator equally. b. Unless both parties agree otherwise, arbi- tration will take place in the county inwhich the "insured" lives. Local rules oflaw GSto arbitration procedures and evidence will apply. The decision ofthe arbitrator will be binding, F. Additional Definitions The following are added to the Definitions Sec- tion: 1. "Family member' means the individual Named |nsured'ampouse. whether ornot u resident of the individual Named |nsurnd'shouseho}d. and any other person related to such Named In- sured by b|ond, adnption, marriage or regis- tered domestic partnership under California |aw, who is u resident of such Named |nsuved's household, including oward o/foster child, 2. ''Ocou0ying^means in, upon, getting in, on, out or off, 3. "Uninsured motor vehicle" means land motor voh|do or trailer: a. For which no liability bond or policy at the time of an "accident" provides at least the amounts required by the applicable law where a covered ''euin^ is principally Ao- naged� b. That is an undahnsured motor vehicle. An undehnSu[8d motor vehicle is a land motor vehicle or "trailer" for which the sum of all liability bonds or policies at the time of an .'accident" provides at |oomt the amounts required bythe applicable law where acov- ered "auto" is principally garaged but that sum isless than the Limit ofInsurance for this coverage; c. For which an insuring or bonding company denies coverage or refuses to admit cover- age exceptoondihnnaUyorvvith reservation orbecomes inso|vent d. That |oahit-and-runvehicle and neither the driver nor owner can be identified. Theve- hide must make physical contact with an "insured", a covered "auto" or vehicle an "insured" is^occupying^� or e. That is owned by an individual Named Insured or "family 08nnbe/' and operated or caused to be operated by a person with- out the owner's consent inconnection with criminal activity that has been documented inapolice report. ULM BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM SINGLE INTEREST AUTOMOBILE PHYSICAL DAMAGE INSURANCE POLICY ME With respect to coverage provided by this endorse- ment, the provisions of the Coverage Form apply unless modified bythe endorsement. A. The following definitions any added and apply under this endorsement wherever the term terror- ism, or the phrase any injury, damage, loss or ex- penae'are enclosed inquotation marks: 1. "Temuhsrn" means activities against persons, organizations orproperty Ofany nature: a. That involve the following or preparation for the following: (1) Use arthreat mfforce Drviolence; or (2) Commission or thnaed of a dangerous ac%'. or (8) Commission or threat of an act that interferes with or dinnmp15 an e|ectn)Aic, communication, infQnnet|on, o/ me- chanical system; and b. When one orboth Ofthe following eppUes� (1) The effect is to intimidate or coerce e government o,the civilian population o, any segment thereof, or to disrupt any segment ofthe economy; or (2) It appears that the intent is to intimidate or coerce a government, or to further political, ideological, religious, social or ecD0OrniC objectives or to express (or express opposition 1u) a philosophy or 2. "Any injury, damage, loss or expense" means any injury, damage, loss or expense covered under any Coverage Form or Policy to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property clamage�', "personal injury", "personal and ad- vertising injury", "loss", loss of use, rental re- imbursement after "loss" or "covered pollution cost or expense", as may be defined under this Coverage Form, Policy or any applicable en- B. Except with respect to Physical Damage Cover- age, Trailer Interchange Coverage, Garagekeep- tomers' Sound Receiving Equipment or the Single Interest Automobile Physical Damage Insurance Policy, the following exclusion is added: EXCLUSION OF TERRORISM We will not pay for "any injury, damage, loss or expense" caused directly or indirectly by "terror- ism", including action in hindering or defending against an actual or expected incident of 'lerror- ism". "Any injury, damage, loss or expense" is ex - contributes concurrently or in any sequence to such injury, darnage, loss or expense. But this exclusion applies only when one or more of the following are attributed to an incident of 1. The "terrorism" is carried out by means of the dispersal or application of radioactive material, or through the use of a nuclear weapon or de- vice that involves or produces a nuclear reac- tion, nuclear radiation or radioactive contami- nation; or 2. Radioactive material is released, and it ap- pears that one purpose of the "terrorism" was to release such material; or 3. The "terrorism" is carried out by means of the dispersal or application of pathogenic or sonous biological or chernical materials; or 4. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the "terrorism" was to release such materials; or 5. The total of insured damage to all types of property exceeds $25,000,000, In determining whether the $25,000,000 threshold is ex- ceeded, we will include all insured damage sustained by property of all persons and enti- ties affected by the "terrorism" and business interruption losses sustained by owners or oc- cupants of the damaged property, For the pur- pose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insur- ance but for the application of any terrorism exclusions; or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi- sion, serious physical injury means: a. Physical injury that involves a substantial risk of death; or b. Protracted and obvious physical disfigure- ment; or c. Protracted loss of or impairment of the function of a bodily member or organ, a 72-hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident, for the purpose of determining whether the thresholds in Paragraphs B.S. and B.G. are exceeded. With respect to this Exclusion, Paragraphs B.S. and B.6. describe the thresholds used to measure the magnitude of an dent of "terrorism" and the circumstances in which the threshold will apply, for the purpose of determining whether this Exclu- sion will apply to that incident. When the Exclu- sion applies to an incident of "terronsm", there is no coverage under this Coverage Form, Policy or any applicable endorsement. C. With respect to Physical Damage Coverage, Trailer Interchange Coverage, Garagekeepers Coverage, Garagekeepers Coverage — Custom- ers' Sound Receiving Equipment or the Single In- terest Automobile Physical Damage Insurance Policy, the following exclusion is added: We will not pay for any "lossloss of use or rental reimbursement after "loss" caused directly or indi- rectly by "terrorism", including action in hindedng or defending against an actual or expected dent of "terrorism". But this exclusion applies only when one or more of the following are at- tributed to an incident of "terrorism": 1. The "terrorism" is carried out by means of the dispersal or application of radioactive material, or through the use of a nuclear weapon or de- vice that involves or produces a nuclear reac- tion, nuclear radiation or radioactive contami- nation; or 2. Radioactive material is released, and it ap- pears that one purpose of the "terrorism" was to release such material; or 3. The "terrorism" is carried out by means of the dispersal or application of pathogenic or poi- sonous biological or chemical materials; or 4. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the "terrorism" was to release such materials; or 5. The total of insured damage to all types of property exceeds $25,000,000, In determining whether the $25,000,000 threshold is ex- ceeded, we will include all insured damage sustained by property of all persons and enti- ties affected by the "terrorism" and business interruption losses sustained by owners or oc- cupants of the damaged property. For the pur- pose of this provision, insured darnage means damage that is covered by any insurance plus damage that would be covered by any insur- ance but for the application of any terrorism e,yclusions. Page 2 of 3 0 ISO Properties, Inc., 2004 CA 23 84 01 06 0 With respect to this Exclusion, Po raohC.S.de- scribes the threshold used to measure the magni- tude of an incident of "terrorism" and the circum- stances in which the threshold will opply, for the purpose ofdetermining whether this Exclusion will apply tnthat incident. When the Exclusion applies to an incident of "terrorism", there is no coverage under this Coverage Forn. Policy orany applica- ble endorsement, D. In the event of any incident of "tennhsnfthat iS not subject tQthe Exclusion in Paragraphs B. or C., coverage does not apply ho "any injury, dam- age, |oaa orexpense" that is otherwise excluded under this Coverage Form, Policy o/ any applica- ble endorsement. ^s'11k,A i 1�~ COMMERCIAL AUTO CA8424 04 06 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied We will pay reasonable expenses incurred for necessary medical and funeral services to or for an "insured" who sustains "bodily injury" caused by "accident". We will pay only those expenses |ncurred, for services rendered within three years from the date ofthe ''onnid8nt" 1. You while "occupying" Or. while @ pedestrian, when struck bvany "auto". 2. If you are an individual, any "family member" while "occupying" or, while pedeothon, when struck byany "auto" 3. Anyone else "occupying" a covered "auto" or temporary substitute fora covered "autn"The covered "auto" must be out of service because of its breekdown, repair, servicing, |oae or de- struction. C. Euo|msimms This insurance does not apply 8zany ofthe hd|ow- |ng: 1. "Bodily injury" sustained by an "insured" while "occupying" a vehicle located for use as a premises. 2. "Bodily injury" sustained by you orany "family member" while "occupying" or Struck by any vehicle (other than ocovered "autV')owned by you or furnished or available for your regular use. 3. "Bodily injury" sustained by any "family mem- ber' while "occupying" or struck by any vehicle (other than a covered "auto") owned by orfur- nished or available for the regular use of any "family member". 4. "Bodily injury" to your "emp|oyen"arising out of and in the course of employment by you. How- ever, we will cover "bodily injury" to yuurdo- nnentic "employees" if not anUdod to workers' compensation benefits, For the purposes of this endVnSanne[d, e domestic "employee" is a person engaged inhousehold mrdomestic work performed principally iDconnection with aresi- dence pn:nnisos. 5. "Bodily injury" to an "insured" while working in a business of sa||io0, nen/icin0, napeihAg or parking "audos"unless that business |syours, 6. "Bodily injury" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by m military furce, including action in hindering or defending against an actual or expected ottank, by any govarn- ment, sovereign or other authority using military personnel orother agents; or o, |neurrecdiOn, rebe||i0O, r8vo|ution, usurped power, oraction taken by governmental au- thority in hindering or defending against any ufthese. CA0424 04M$ QISO Properties, |nc,2OO5 Page 1wf2 0 Extension Schedule Item 6. SCHEDULE OF UNDERLYING INSURANCE Type of Cwerage InsurerAloiley Period Limits or Amount of Ins"noe General Liability NAVIGATORS $1,040,000, Each Occurrence Popsy Term: 05124=09 TO 0512412010 $1,000,000. General Aggregate Popsy Number- 0410086086 $1,000,000, Products - Completed Operations Aggregate I Autornobile Liability I Employers Uiab!Ky DELOS Pokey Term: 03M112010TO0311112011 Poky Number: TBD STATE FUND Poly Tema 0=1=10TO0310V2011 Poky Number. 238MI 19el ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED ATTACHED TO AND FORMING PART OF: XL -6600511 ISSUED TO: AGE CD, INC. EFFECTIVE: 3/12110 $1,000,000. Each Accident $1,000,000. Each Employee $1,000,000. Policy Limit TOPA INSURANCE COMPANY TPSO(Rev 06196) Page 2 of 2 City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK November 22, 2010 ACE CD, Inc. 1904 Arrow Hwy. La Verne, CA 91750 Re: PCH Bus Shelter Project — CC-1267 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 proiect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5437. JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister Citi�f6iiAp4%aWcasW(4;t W.goc New Zealand (Telephone: 714-536-5227 ) Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20, at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] E > rF tR ci+3t�► �- n O_ ORNEX 1L) 3-_2�6-CP 1 245911 1 Certification of Compliance with Prevailing Wage saws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit 'requirements specified for each particular classification of work, as set forth in the wage -rate, determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of ,20 at (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] California. ..r A -FLU 03- ab - 0-to 247542.1 CONTRACTOR'S CERTIFICATE I, , state and certify that: (Name of Declarant) l . is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of , 20 (Signature of Declarant) APPROVED AS TO FORM By: 1-7/n -11J 3 Zo otp Name: [Type Name] Title: [Type Title] 245914 1 Council/Agency Meeting Held:_9 dO /," o Deferred/Continued to: Ap rove Conditional) A rov 0 Denied C CI s Sign # ure Council Meeting Date: September 20, 2010 Department ID Number: PW 10-052 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Administrator PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve project plans and specifications and award Construction Contract in the amount of $84,109.85 to Ace Cd, Inc. for the Pacific Coast Highway Bus Shelter Project, CC-1267; and, authorize the Mayor and City Clerk to execute a contract in a form approved by the City Attorney Statement of Issue: On August 31, 2010, bids were opened for the Pacific Coast Highway Bus Shelter Project (CC-1267). This project installs prefabricated concrete bus shelters at the Pacific Coast Highway Transit Center between 1st Street and Huntington Street. City Council action is requested to award the contract to Ace Cd Inc., the lowest responsive, responsible bidder. Financial Impact: Funds in the amount of $180,000 are appropriated for construction in the OCTA Grant Fund, PCH Transit Center, Traffic Improvements, Account No. 83790005.82700. The original project budget of $400,000 is a combination of AQMD, 250,000 and OCTA grant funds, 150,000. The Engineer's cost estimate for this project is $115, 000. Recommended Action: Motion to: A) Approve the project plans and specifications for the Pacific Coast Highway Bus Shelter Project (CC-1267); and, B) Accept the lowest responsive and responsible bid submitted by Ace Cd Inc., in the amount of $84,109.85; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids and provide staff with alternative direction -179- REQUEST FOR COUNCIL ACTION MEETING DATE: 9/20/2010 DEPARTMENT ID NUMBER: PW 10-052 Analysis: The City obtained grants to fund upgrades to the existing transit facilities at the Pacific Coast Highway (PCH) Transit Center located on PCH between 1st Street and Huntington Street. The project is intended to encourage transit ridership by providing additional rider amenities and protection, and improve the transit user experience. The project includes installation of bus benches, trash receptacles, and planters. The project is funded by a grant from OCTA and funds from AQMD Rule 2766 Subvention Fund. The proposed improvements are located on the sidewalk along the existing 550-foot bus turnout area on the coastal side of PCH between 1st Street and Huntington Street. The sidewalk along PCH adjacent to the improvements is outside the Caltrans right-of-way and owned by the City. The project's initial bid opening was May 19, 2009. The bids received that day were substantially higher than the engineer's estimate. Due to the inability of- the design consultant to develop a project -within budget limits ($330,000), the bids received ($951,000 and $1.3 million) were rejected by the City Council on June 15, 2009. City Council also authorized staff to re -advertise after a detailed review and redesign of the project within budget. Staff worked with the consultant to develop options to meet the intended goals of the project. On September 10, 2009, after project revaluation, the Design Review Board gave Public Works staff the option of using the wave shaped design or another alternative as the final design. Public Works pursued the wave shaped design as the bus shelter of choice. The revised design includes four (4) prefabricated concrete bus shelters and amenities. Bids were opened publicly on August 31, 2010, and are listed in ascending order: Bidder Submitted Bid 1 Ace Cd Inc. $ 84,109.85 2 Signature Contractors $107,978.00 3 Ted Enterprises $114,615.00 4 ND Outdoor Construction $142,142.29 5 Collins Builders $164,715.00 6 1 Korston Construction, Inc. $354,500.00 The engineer's estimate for the bid items was $115,000. The four (4) prefabricated concrete bus shelters were purchased from Quick Crete Products on March 1, 2010, and delivered to the City on April 29, 2010, for $93,633.75. References for Ace Cd Inc. including past public agency projects, and licenses were verified by staff and considered a responsive bidder. Public Works Commission Action: The Public Works Commission recommended the revised project for re -advertising on February 17, 2010, by a vote of 7-0-0. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15301. 5 E:1011 REQUEST FOR COUNCIL ACTION MEETING ®ATE: 9/20/2010 DEPARTMENT I® NUMBER: PW 10-052 Strategic Plan Goal: Maintain and Enhance Public Safety Attachment(s): -181- ATTACH M Nel m CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRANSPORTATION PROJECT LOCATION MAP Transit Center on Pacific Coast Highway .o , ATTACHMENT --1 -1 84- �� lR+ r %t�^X�,�^> f 4'� yi R f�q�'i"`�` �'"�F^� ���" Q. � �,gz,,Y � �� �` F "Y. # ;' 'y(, '*4` .�i' 'R'Y Ix sA" 'F '.�'vm' z✓ 3wra+\� w» 10 va i y� .z" d Elf,` 1 ma", � lUm C '�` %cvk k ✓r ✓i" " 33f ti an", CITY OF HUNTINGTON BEACH Transit Center on Pacific Coast Highway CC-1267 BID OPENING: August 31, 2010 @ 2:OOPM ENGINEER'S ESTIMATE: $115,000 BIDS SUBMITTED (AS READ AT OPENING) BIDDER'S" NAME ,RANK APPARENT,113111) AM OUNT 1 Ace Cd Inc. e- 2 Christopher R. Morales, Inc. 3 Collins Builders A4 Ilo-5, G. 4 Korston Construction, Inc. 5 Los Angeles Signal, Inc. 6 Malcon Civils, Inc. 7 ND Outdoor Construction 8 Signature Contractors 9 Steven's Tree Experts 10 - :22Z 5 Z1, 6 Z5- 11 12 13 14 15 I NOTICE INVITING SEALED BIDS for CC-1267 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on August 31, 2010, at which time bids will be opened publicly and read aloud in the Council Chambers for the Transit Center on Pack Coast Highway, CC-1267 in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting August 12, 2010 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $40.00, sales tax included, if picked up or $50.00 if mailed. Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 8th day of September 2009, by RESOLUTION 2009-50. Joan L. Flynn City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 CC-1267 CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 1 90 Huntington Beach, CA 92648 -LETTER OF TRANSMITTAL Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: August 5, 2010 Project/C.C. No.: C.C. No. 1267 Regarding: Transit Center on Pacific Coast Highway ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # Copies, Pages . 136scription - .. . 1 1 1 Notice Inviting Sealed Bids for CC-1267 Transit Center on Pacific Coast Highway) 2 3 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2009-50 (adopted on September 8, 2009), the City Council authorized the advertisement of the above Transit Center on Pacific Coast Highway Project. Please find attached the Notice Inviting Sealed Bids for advertisement on 8/12/10 & 8/19/10. The bid opening is scheduled for 8/31/10. Please contact me at 374-1619 with any questions you may have. c: file By: Darren Sam, Senior Traffic Engineer G:\CONSTRUCTION CONTRACTS (CCS)\CC1267 PCH TRANSIT CENTER\BID INFO 3\NISB TRANSMITAL TO CLERK-CC-1267.DOC Esearza, Pam From: Sam, Darren Sent: Thursday, June 17, 2010 9:40 AM To: Esparza, Patty Subject: RE: CC-1267 Hi Patty, We are planning to re -advertise CC-1267 late July early August. Darren From: Esparza, Patty Sent: Wednesday, June 16, 2010 11:58 AM To: Sam, Darren Subject: CC-1267 Hi Darren — Do you have any idea when you might re -advertise for CC-1267, Transit Center on PCH? Thanks for your help! Patty Esparza, CMC Senior Deputy City Clerk City of Huntington Beach 714-536-5260 NA please think of trees before you print L / , //;b / NOTICE INVITING SEALED BIDS for CC-1267 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM[ on May 18, 2010, at which time bids will be opened publicly and read aloud in the Council Chambers for the Transit Center on Pacific Coast Highway - CC-1267 in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting April 29, 2010 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $40.00, sales tax included, if picked up or $50.00 if mailed. Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 8th day of September 2009, by RESOLUTION 2009-50. Joan L. Flynn City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 CC-1267 CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 -LETTER OF TRANSMITTAL Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: April 22, 2010 Project/C.C. No.: C.C. No. 1267 Regarding: Transit Center on Pacific Coast Highway ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids hero # " "',Co ies: __ Pa es�_ :.�,,Descri tion 1 1 1 Notice Inviting Sealed Bids for CC-1267 Transit Center on Pacific Coast Highway) 2 3 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2009-50 (adopted on September 8, 2009), the City Council authorized the advertisement of the above Transit Center on Pacific Coast Highway Project. Please find attached the Notice Inviting Sealed Bids for advertisement on 4/29/69 & 5/6/10. The bid opening is scheduled for 5/18/10. /0 Please contact me at 374-1619 with any questions you may have. c: file By: Darren Sam, Senior Traffic Engineer G:\CONSTRucrION CONTRACTS (CCs)\CC1267 PCH TRANSrr CENTER\BID INFO 2\NISB TRANsmrrAL TO CLERK-CC-1267.DOC Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington. Beach, County of Orange, State of California, and the attached Notice is a true and complete copy as was printed and published on the following date(s): August 12, 19, 2010 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on August 19, 2010 at Costa Mesa, California S716f Mrure 7"1gpnuIILL 111VIlIBV Hntu CIU) gar , for ((4261 Notice is hereby given,that sealed bids will be received by the City of. Huntington Beach at the office -of the City Clerk`at City Hall, 2000 Main Street, Huntington Beach,' „CA 92648,'until the hour of 2:00 PM on August 31, 2010; at which time bids will be opened publicly and read aloud in the Council'Chambers for the Transit. Center on Pacific Coast Highway, CC-1267 in the City of Huntington Beach'. A set of plans, ,specifications, and- contract documents .may be obtained starting August 12, 2010 at City Hall, Department of Public Works upon receipt of a'non-refundable fee of $40.00, sales tax included, if picked up or $SO.00 if mailed. Each bid shall .be made on the Proposal Form provided in the contract documents, and shall be accompanied byra certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, .in the performance of'the work and improvements, conform to the Labor Code of the State' of California and other Laws of the State of California applicable 'thereto, with the exception only. of. such variations that may be required under the special statutes pursuant to which proceedings hereunder. are taken and which have not been superseded `by the provisions, of the Labor. Code. Preference to labor shall be'given only in the manner provided by law. No bid shall be considered unless, it is made on a form furnished by the City. of Huntington Beach, Department of Public Works, and is, made in accordance with the provisions of the proposal requirements. Each bidder must be licensed as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. ' By order of the City Council of the City of Huntington Beach, California the Sth day of September 2009, by RESOLUTION 2009-50. , /s/ Joan L. Flynn City Clerk of the'City of Huntington Beach 2000 Main Street. (714) 536-5431 Published Huntington, Beach Independent Au- gust 12. 19.2010 082-863 CC-1267 Transit Center on Pacific Coast Highway from 1 St St. to Huntington St® City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK March 4, 2011 Collins Builders, Inc. 18382 Gothard St. Huntington Beach, CA 92648 RE: CC-1267 — Transit Center on Pacific Coast Highway Enclosed please find your original bid bond for CC-1267. Sincerely, Oa ji") Joan L. Flynn, CIVIC City Clerk J F: pe enclosure Sister Citie-,%6WojdMWret g r&)New Zealand (Telephone- 714-536-52271 4 <. ,_ . - � r _�a � �. .. � � �, h �$;'� �,� w4S q 7m'" SECTION C PROPOSAL for the Transit Center on Pacific Coast Highway from 1'� Street to Huntington Street C.C. No.1267 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE ! AND MEMBERS OF THE,OO 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-1A 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 nulld void. (ol 6d Accompanying this proposal of bid, find J 6nA I in the amount of $ nro 0 far which said amount is not less than 10% of the aggregate of the total bid price, as re uir d by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Si nature . C TRANSIT CENTER ON PACIFIC COAST HIGHWAY, CC 1267 PROJECT BID SCHEDULE 1 1 LS Mobilization Per LS ,% 2 1 LS Clearing & Grubbing Per LS 3 120 SF PCC Pavement Per SF 4 5 CY Bent Cap w/4 Piles Structural Concrete �{$���" (incl. reinforcement) $ Per CY 5 25 CY Spread Footing Foundation Structural Concrete (incl. reinforcement) Per CY 6 5 EA Furnish and Install Self -Irrigating Systems Per EA 7 5 EA Furnish and Install Planters Per EA 8 5 EA Furnish and Install Trash Container $ 1`t. 1. $_� s-S Per EA 9 1 LS Re -Establish Existing Irrigation System Per LS C-1 10 24 EA Furnish and Install Landscaping -Shrubs (5 Gallon) $� Per EA 11 1 LS Electrical Lighting I I Per LS 12 1 25 CY I Unclassified Excavation $ 1113. 1 $ 1*5 Per CY 13 30 LF Furnish and Install Handrail Per LF 14 1 LS Furnish Traffic Control (Includes Traffic Control Plans & Caltrans Permitting) $ $ Per LS 15 4 EA Install City Furnished Concrete Bus _ Shelters Per EA 16 100 EA Furnish and Install Landscaping -Shrubs (1 Gallon) $i$ L 9 136 Per EA 17 1 LS Remove and Dispose Tree Per LS Total Bid Amount, Bid in figures: $ Total Bid Amount, Bid in Words:i'Z(1Gy C-z LIST OF SUBCONTRACTORS in accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractvr° State License .. Class .. of Fork Number. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 !M016111 VDILIVY811113 ,1 ; M 1,1701 1, 11 State of California Ss. County of Orange F-066er�.�111'11,r beingfirst duly sworn, deposes and says that he or she is �-v e of ��� ;Ug/-40 jA� 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 �r i ignature of Bidder 1 s5L,lz 1 '. Iy-<xz, s-l-- Address of Bidder L Subscribed and sworn to before me this ./ day of , 20 /6SUSAWLUINE . °Commisaiorr # 10 704 Z -m Notary Public - California z ? „ orange CountyD My Comm. Expires Aug6„ 2013 NOTARY PUBLIC '/J—� NOTARY SEAL UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the TRANSIT CENTER ON PACIFIC COAST HIGHWAY, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are -binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: e 10 Contractor ,, By fr,f-5i,W Title C-5 In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following 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. Nate: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COWENSATI®N INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 6/3 1,ho Contractor By Tae-5;IJ Title C-7 BIDDER certifies that the following information is true and correct: /! , Bidder Name I e*zz— 401kw—j 4�1- Business Address City, ( State Zip (11x) 542.uoo Telephone Number State Contractor's Licerlse No. and Class 0 o Original Date lss ed The work site was inspected by � of our office on , 201D The following are persons, firms, and corporations having a principal interest in this proposal: & C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. signature of B icider r Printed or Typed Signature re me this a day of � J, 200_ .0010. SUSAN L. `CA1NE:- tommissio► # 1857194 mom Notary Pubiic - Cafifornia SUS C. CAIMB Orange CouMy Commisoion #t 185704 " -� Notary Public - California M Comm. Ex freetkk 20z • � y Orange County_NOTARY PUBLIMV Comm. Expires Aug6, 2013 NOTARYSEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Log\ Jkgk� Unide Name and Address of wm-' -;oco C f%t Name and Telephone No. of Project Manager. S64.v-\ U q5 M'Z%-100- 00 Contract Amount P011f 2. C . . Name and Address of Public Agency X�c&-s ; of Work - 250% Date Completed Name and Telephone No. of Project Manager: Y,.e.\1y, No lt`�-OlS"1-52�1 V>n -100-00 �►e�D�ac�„ W��nc� S dies. Zl{��S i�2�t0 Contract Amount Type of Work Date Completed 3. Gt*, ,(6 54. C 1 Name 6d Address of PUblic Agency Name and Telephone No. of Project Manager: ale. \J e-tor\e - -I1y -354 ,'X401000 oil 'Tex'a 1w,P�oVev�e,n'� �.arit�2oo�t Contract Amount Type of Work Date Completed C-10 C-1p, State Of California CONTRACTORS STATE LICENSE BOARD A rr-faut 1 IrENSE.�� �.ouau,un ,Affairs 525783 CORP COLLINS BUILDERS INCORPORATED g = 03/31 /2012 Any change of business address/name must be reported to the Registrar within 90 days. This license is not transferrable, and shall be returned to the Registrar upon demand when suspended, revoked, or invalidated for any reason. This pocket card is valid through the expiration date only. If found, drop in any mailbox Postage•guaranteed by: Contractors State License Board P O. Box 26000, Sacramento CA 95826 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we COLLINS BUILDERS, INC. as Principal, hereinafter call the Principal, and INDEMNITY COMPANY OF CALIFORNIA , a corporation organized and existing under the laws of the State of CALIFORNIA , as Surety, hereinafter called Surety, are held and firmly bound unto: CITY OF HUNTINGTON BEACH as Obligee, hereinafter called Obligee, in the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE 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 TRANSIT CENTER ON PACIFIC COAST HIGHWAY - PROJECT/CONTRACT NUMBER CC-1267 Now, therefore, if the Obligee shall accept the bid of the Principal within the period specified therein, or if no period be specified, within sixty (6o) days after opening, and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the penalty hereof, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this z5TH day of AUGUST, 2010. COLLINS BUILDERS. INC. Principalw--� —, INDEMNITY COMPANY OF CALIFORNIA (Seal) Suret By` _ T, Attorney -in -Fact (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } } County of Orange } On August 25, 2010 before me, Elisa D Amato, Notary Public personally appeared Brad L. Settgast who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/we subscribed to the within instrument and acknowledged to me that he/shay executed the same in his/hod4h& authorized capacity#es}, and that by his/h@Wthok signature(s) on the instrument the person(s}, or the entity upon behalf of s t 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 5�1and offic al. 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): []Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Guardian or Conservator ❑ Other Signer is Representing: POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***John Kookootsedes, Brad L. Settgast, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said 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 Attorneys) -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 Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary 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 Vice President and attested by their respective Assistant Secretary this January 1st, 2008. By: �t tMAND .iyo •, pMPAN Y Stephen T. Pate, Senior Vice President ;yJ�`ORPORgTF�ti: �QPOq OCT. ; 2 w : 10 = z — OCT. 5 BY = o 1 9 3 6 o= u0.r 1967 Charles L Day, Assistant Secretary :'ate= O O State of California County of Orange On January 1st 2008 before me, ChristopherJ. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of R. CHRISTOPHER J. ROACH which the person(s) acted, executed the instrument. N COMM. # 1745939 ::F- 3 ¢ NOTARY COUN TY ALI RNIA N I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGEtrue and correct. My comm, expires May 19, 2011 WITNESS my hand and official/seal. Place Notary Seal Above Signature i�' Chr er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and 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. 25TH August, 2010 This Certificate is executed in the City of Irvine, California, the day of By: Albert Hilebrand, Assistant ecretary I0-1380(W et)(Rev.07107) City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 4, 2011 Korston Construction, Inc. 1325 N. Red Gum #4 Anaheim, CA 92806 RE: CC-1267 — Transit Center on Pacific Coast Highway Enclosed please find your original bid bond for CC-1267. Sincerely, � 0100fji") Joan L. Flynn, CMC City Clerk JF:pe enclosure Sister Citi6?ffb k/cjs` Rd&rttLWA",gr(%cNew Zealand ( Telephone: 71 4-536-5227) 77, 7" 2 ol 0 A 31 AN 11: 27 }or l'ransit Cai;er o�. Pacv sec Coast' ��g0+w� C. c. iz67 SECTION C PROPOSAL for the Transit Center on Pacific Coast Highway from 1't Street to Huntington Street C.C. No.1267 in the CITY OF HI1NTINGTON BEACH TO THE HONORABLE MAYOR D MEMBERS O 1E COUNCIL } HUNTIVGTON 1 j 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-1A 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. e-,r% Accompanying this proposal of bid, find' ,P-16A119 in the amount of $�which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received " Bidder's Signature C»2A Per LS 12 25 CY Unclassified Excavation Per CY 13 30 LF Furnish and Install Handrail Per LF 14 1 LS Furnish Traffic Control (Includes Traffic Control Plans & Caltrans Permitting) $ 3 Ccb $ f OVO Per LS 15 4 EA Install City Furnished Concrete Bus Shelters $ $ Per EA 16 100 EA Furnish and Install Landscaping -Shrubs (1 Gallon) $ Per EA 17 1 LS Remove and Dispose Tree �. $ Per LS Total Bid Amount, Bid in figures: $ Total Bid Amount, Bid in Wards: C-2 TRANSIT CENTER ON PACIFIC COAST HIGHWAY, CC 1267 PROJECT BID SCHEDULE ,IVI ES`T,�AD' SAI?ir�+ovs'`ftzt Fzy—# n ub.7Jn �.+:, ....., ,r ....s7.. :..d r. :.r��.£� Kt...n. 3k+h,.�G}nz4lu ✓ ..-..c... ... -''}rrokr_ 1 1 LS Mobilization Per LS 2 1 LS Clearing & Grubbing 7,ar $ $-7,Mn Per LS 3 120 SF PCC Pavement Per SF 4 5 CY Bent Cap w/4 Piles Structural Concrete (incl. reinforcement) Per CY 5 25 CY Spread Footing Foundation Structural Concrete (incl. reinforcement) $ 0 0 — Per CY 6 5 EA Furnish and Install Self -Irrigating Systems Per EA 7 5 EA Furnish and install Planters $ /tea $ trrrr� Per EA 8 5 EA Furnish and Install Trash Container Per EA 9 1 LS Re -Establish Existing Irrigation System $l,a�z7 Per LS C-1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address. of Subcontractor Stag License.Class qf Work Number f.JVV NFSl6V2.15:5rew .s s, 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 EV BIDDER AND SMUTTED WrM BED State of California ss. County of Orange PeterB. Jun , being firSt duly sworn, deposes and says that he -or she'is President of Korston Construction Incoroorated 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 trite; and, Anther, that the bidder has trot, 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. Korston Construction Incoroorated Name of Bidder 1325 N Red Gum St. #4. Anaheim. CA92R06 Address of Bidder Subscribed and sworn to before me this 30th day of August , 2010 `µoFA PETER AUSTIN NEFF C4 ,gr +, COMM. # 17,99389 ® N01ARY PUSLIC WFORNIA !� r ORANGE COUNTY N My Opmm, Exom 8AY 11, Y NOTARY PUBLIC Peter Austin Nef otary blic 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 TRANSIT CENTER ON PACIFIC COAST HIGHWAY, (n(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA, requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: k-o'le.57o-Itl 6�s71—CAC )Z-L I/(J-G Contractor Ay eitle C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUIESTIONNAIRE 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. Nate: 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. Date: 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. p C4iclS77�C � %A/C. Contractor C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BI DDEWS INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address Iq City, State Zip Telephone Number 883.Z —')-D 5 anc/ state Contractor's License No. and Class /% Original Date Issued ?Z 30,!��olo Expiration Bate The work site was inspected byya vi S L..l-)rjj of our office on 8 -')- , 20LO The following are persons, furors, and corporations having a principal interest in this proposal: C•9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. _Kouton Construction Incomorated Company blame Of Peter B. Jun Printed or Typed Signature Subscribed and sworn to before me this 3o day of August.__ , 20B t Q r—%MY PETER AUSTIN NEFF N COMM. * 1799389 X NOTARY PUBU4CALlFOIORANGE COUNTY NOTARY PUBLIC Comm Expires IdAAY 17, 2012 Peter eff, ry Pu i OTAk Ski 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: ®,,jl jj jj �g7o Ct.�2,� 4� l.. Nf)lY n ��dlC 1lP /n ©rr�,a�., A-i fo e-, . CA 9-1-1301i ) 2. 3. Name and Address of Public,Agency V `' Name and Telephone No. of Project Manager: 7© / 3cj ; e ov ��4 Contract Amount Type of Work irate Completed Name and Address of Public Agency Name and Telephone No, of Project Manager: Contract Ammt Type of Work bate Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 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) KORSTON CONSTRUCTION INCORPORATED 1325 N. RED GUM ST. #4 ANAHEIM, CA 92806 SURETY: (Name, legal status and principal place of business) WESTERN INSURANCE COMPANY P.O. BOX 21030 RENO, NV 89515 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) TRANSIT CENTER ON PACIFIC COAST HIGHWAY 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 and sealed this 30th day of August, 2010. KORSTON CONSTRUCTION INCORPORATED WESTERN II URAN7 COMPANY (Principal) (S 1) (Sure ) (Title) (Title) YUNG CAUTION/You should sign an original A C ntract Document, on which this text apa obscured. (Seal) in RED. An original assures thatchanges will not be AIA Document A3101— 2010. Copyright @ 1963, 1970 and 2010 by The American Astitute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAO 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 August 30, 2010 before me, Peter Austin Neff, 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($) is/ma subscribed to the within instrument and acknowledged to me that heWme thM executed the same in hisi4kteMiek authorized capacity( , and that by his/f wAbuti c signature($) on the instrument the person(z), or the entity upon behalf of which the person(16) 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. PETER R A SIN NEFF WITNESS my hand and official seal. COMM. # 1799389 X NOTARY PUBLK-WFORNIA ;0 ORANGE COUNTY My Corm Eqft MAY27, 201 Signature _ (Seal) N ,� `pPfaq�r ?i o y; SEAL . ✓r� f1994E�pd WESTERN INSURANCE COMPANY POWER OF ATTORNEY 334183 KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby constitute and appoint Yung T. Mullick, James W. Moilanen, Jennifer C. Giboney P. Austin Neff Of the STATE OF NEVADA 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 2nd day of March, 2010. WESTERN INSURANCE COMPANY P N Pt Oq�l " (Signed) ByA a s SEAL President 1994 (Signed) BydG> mo day/ Secretary STATE OF NEVAADA) SS: COUNTY OF WASHOE) On this 2nd day of March, 2010, before me personally came DIC 1�l'MAN, PRESIDENT of the WESTERN INSURANCE COMPANY" and ALICE A. MOLASKY ARMAN, SEC of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said h , the said I . ROTTMAN and ALICE A. MOLASKY ARMAN were respectively the PRESIDENT and tI RETAR,�Y1�.c_tpd WESTERN INSURANCE COMPANY, the corporation described in which executed the forego� e*er of Attorney mat itfey each kn a seal of said corporation; that the seal affixed to said Power of Attorney was s -te seal, t �s So affixed b the Board of Directors of said corporation, and that they signed their narrl by like ord�lasRtSIDENTjq�TARY, respectively, of the Company. My Commission expires the y inApril ............a ....................................... F1' 1AT11CIA A. LETSON � Notary Public -State of Nevada ? rjy �,Q.�+�--ram_ Notary Public - G.... ................................................. This Power of Attorney is granted y authority of the fol I owing. Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPAI X arch 2; 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 Attorney(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 may be 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 Attorney(s)-in-Factshall 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 March 2, 2010 and that this resolution is in full force effect. 1, 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 day of _ AUGUST 1 2010 Secretary City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK March 4, 2011 ND Electrical Construction, Inc. 2201 E. Winston Rd., Ste. M Anaheim, CA 92806 RE: CC-1267 — Transit Center on Pacific Coast Highway Enclosed please find your original bid bond for CC-1267. Sincerely, I � O�J4") Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Citit4iodAWichipcMt/?et i&gW.&cNew Zealand ( Telephone: 714-536-5227 ) N® Electrical Construction, Inc. 2201 E Winston Rd, Suite M CA 92806 Anaheim,i"I P: 949-498-1799 — F: 949-419-6574 ,� - . 2,` �4 A". ,,p10 _. I. ,t a I.S a + ��11111� �;�J T; s,r{��,� 4j I^ v , -. , � . 11 I I � I I ,� I I � � , ;. •� ,' I I I � I � I I , .. �' .y .. • :., '.: I _. .. , �.. �' -. .. - - t - r f %frwVFy" A ,, y 14; il 1., ,�✓ J :Cx ..,% .. 11 y r .. - 1 � r1 t y i `J (, ,. y . . , ,. A {z ' 4 City of Huntington Beach11 2000 Main Street Huntington Beach, CA 92648 _ 4 %' - II m '' ,} y -_S4. 7' 1 LS _ -' f t, _ a i t _ _ _ ., i..+ tip* r a _ I. :. R ,.7` 4 : ,, _ _ - h , N I f�E 5RY �� v .._, ., e .,, r ., �: - { _ - - -. _ . - . _' .. , .... _ ,. .-` - - . ..o - .. ' . . ,_ .. Transit Center on Pacific Coast Highway from . 1St Street to Huntington Street . SECTION C PROPOSAL for the Transit Center on Pacific Coast Highway from 1't Street to Huntington Street C.C. No.126'7 In the CITY OF HUNTINGTON BEACH BEACH:TO THE HONORABLE MAYOR AND MEMBERS OF THF, COUNCIL OF HUNTINGTON 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. GIA 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 Bidder's Bond in the amount of $16,000 which said amount is not less than 10% of the aggregate of the total bid price, as required by tile Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No.. Date Received:` Bidder's Si nature J. C-2A TRANSIT CENTER ON PACIFIC COAST HIGHWAY, CC 1267 PROJECT BID SCHEDULE ITEM ESTIMATED ' I i�M F ` UNi i EaXT1;IDED ;g � PRTCE �� ''�`AMOLL7NNT � I 1 LS Mobilization $ 11,072.50 $11,072.50 Per LS 2 1 LS Clearing & Grubbing $1,075.00 $1,075.00 Per LS 3 120 SF PCC Pavement $21.50 $ 2,580.00 Per SF 4 5 CY Bent Cap w14 Piles Structural Concrete (incl. reinforcement) $ 5,676.00 $ 28,380.00 Per CY 5 25 CY Spread Footing Foundation Structural Concrete (incl. reinforcement) $1,208.30 $ 30,207.50 Per CY 6 5 EA Furnish and Install Self -Irrigating Systems $ 435.46 $ 2,177.30 Per EA 7 5 EA Furnish and Install Planters $1,343.75 $ 6,718.75 Per EA 8 5 EA Furnish and Install Trash Container $1,343.75 $6,718.75 Per EA 9 1 LS Re -Establish Existing Irrigation System. $ 2,203.75 $2,203.75 Per LS C-1 'MM., TIMATEI)11.�i TEI� SIT E �'E1 DED 1V0 QifiANTITY y PRICE AMOLIT 10 24 EA Furnish and Install Landscaping -Shrubs (5 Gallon) $143.78 $ 3,450.72 Per EA 11 I LS Electrical Lighting $8,385.00 $ 8,385.00 Per LS 12 25 CY Unclassified Excavation $ 344.00 $ 8,600.00 Per CY 13 30 LF Furnish and Install Handrail $215.00 $ 6,450.00 Per LF 14 1 LS Furnish Traffic Control (Includes Traffic Control Plans & Caltrans Permitting) $6,450.00 $ 6,450.00 Per LS 15 4 EA Install City Furnished Concrete Bus Shelters $ 3,144.38 $ 12, 577.52 Per EA 16 100 EA Furnish and Install Landscaping -Shrubs (1 Gallon) $ 41.28 $ 4,128. 00 Per EA 17 1 LS Remove and Dispose Tree $ 967.50 $ 967.50 Per LS Total Bid Amount, Bid in figures: $ 142,142.29 Total Bid Amount, Bled in Words: one hundred forty two thousand one hundred forty two and 29/100 dollars C-2 IAR IMUM 107,11-MINt In accordance with Government Code Section 4104, the Bidder shall set forth the name and �,usiness address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the ,portion of the work to be done by such subcontractor. Portion o Work Name and Address of Subcontractor ,.. State Lacense; Number Class 2% United Pumping Service, Inc. 14000 East Valley Blvd City of Indust CA 91746 617639 A, c-21, c-31, c-42, c-27 7% Barneys Hoe Digging Service, Inc. P.O. Box 8596, Long Beach, CA 90808 249291 D-09 4.5% R P Barricade, Inc. 996 Lawrence Dr, Suite 112, Newbury Park, CA 91320 785673 C-31 7% TruGreen LandCare 1323 W 130th St Gardena CA 902047 774548 C-27, D-49 4.5% All Counties Fence & Supply 18440 Van Buren Riverside CA 92508 717249 C-13, B i I 1 By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 State of California ss. County of Orange Michael Martin , being first duly sworn, deposes and says that he or she is President of ND Electrical Construction Inc. _ the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ND Electrical Construction, Inc. Name of Bidder Signature of Bidder 2201 E Winston Rd, Suite M, Anaheim, CA 92806 Address of Bidder Subscribed and sworn to before me this 26th day of August , 20MCKMAM COW*61an 0 17"316 -Li'M Notery Pub4c - CCORNNG son 01W comfy a7 NOTARY PUBLIC Q C-a NOTARY SEAL Lei #11111MIJ 311IRlaft ! ] 1,1 Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the TRANSIT CENTER ON PACIFIC COAST MGHWAY, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 8/26/10 C-5 ND Electrical Construction, Inc. Contractor tfI r By President Title MCI MR19 . Ly 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 Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract Date. 8/26/10 C-7 ND Electrical Construction, Inc. Contractor By President Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-4224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor I: A Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER certifies that the following information is true and correct: ND Electrical Construction, Inc. Bidder Name 2201 E Winston Rd, Suite M Business Address Anaheim City, (949 ) 498-1799 Telephone Number 779970 - A, B, C10, C46 State Contractor's License No. and Class 6/7/2000 Original Date Issued 6/30/2012 Expiration Date The work site was inspected by Michael Martin CA 92806 State Zip of our office on August 16th , 201 Q The following are persons, firms, and corporations having a principal interest in this proposal: ND Electrical Construction Inc. Michael Martin - President and co-owner Linda Martin - Vice President and co-owner C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. ND Electrical Construction, Inc. Company Name/) C Michael Martin Printed or Typed Signature Subscribed and sworn to before me this 26thday of August NICK MARTIN Commission # 17"316 i Notary PubNO - Calltornlo Son Ctego County r y� I CWQmM presMcrv27.2012 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 Riverside Transit Agency - 1825 Third Street, Riverside, CA 92517 Name and Address of -Public Agency Name and Telephone No. of Project Manager. Sam Wattana - 951-565-5122 $64,521 Transit shelter installation and illumination March 2010 Contract Amount Type of Work 2. CBSIDecaux Outdoor - 1320 Newton, Los Angeles, CA 90021 Name and Address of Public Agency Date Completed Name and Telephone No. of Project Manager: Guillermo Gonzalez - 213-608-0872 $300,000 "Automated Public Toilet" installation on sidewalk March 2010 Contract Amount Type of Work 3. Clear Channel Outdoor - 310-755-7225 Name and Address of Public Agency Name and Telephone No. of Project Manager: Dana Ouellette Date Completed $150,000 Transit shelter installation and illumination January 2009 Contract Amount Type of Work Date Completed C-10 V[� INSCO INSURANCE SERVICES, INC. riskqh=0 Ur►defwrr4no Manager for: 0 Deve"rs surety and Indemnity Company indemnity Company of California 177W Fitch, suite 200 • Irvine, California 92614 • (949) 263.3300 'D BOND BOND NO. NA KNOW ALL MEN BY THESE PRESENTS, That we, ND ELECTRICAL CONSTRUCTION INC as Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY a corporation authorized to transact a general surety business in the State of IOWA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the full and just sum of TEN PERCENT OF THE TOTAL AMOUNT BID NOT TO EXCEED SIXTEEN THOUSAND` Dollars, ($ 10%>$16,000,00*`* ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for BUS STOP SHELTER INSTALLATION NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in goad faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 26TH day of AUGUST 2010 YEAR ND ELECTRICAL CO UCTION INC DEVELOPERS SURETY AND INDEMNITY COMPANY Surety ` Dye Principat S. SM -BOWMAN Attwwy-in-Fact 0-1198 ($id Bond) (REV, 1101 ) State of California County of Orange On 8/25/10 ACKNOWLEDGMENT before me, Nick Martin, Notary Public (insert name and title of the officer) personally appeared Michael Martin who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r Signature NICK MARTIN Commission # 1799315 Notary Pubft • CGRU Mto Son Qiego County Comm 27.2012 (Seal) .*1 VH9 INSCO INSURANCE SERVICES, INC. i scib1c® Underwriting Manager for: (j o� jJl p Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 BID BOND BOND NO. NA KNOW ALL MEN BY THESE PRESENTS, That we, ND ELECTRICAL CONSTRUCTION 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 THE TOTAL AMOUNT BID NOT TO EXCEED SIXTEEN THOUSAND*** Dollars, ($ 10%>$16,000.00*** ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for BUS STOP SHELTER INSTALLATION NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 25TH ND ELECTRICAL CONSTRUCTION INC Principal day of AUGUST 2010 YEAR DEVELOPERS SURETY AND INDEMNITY COMPANY Surety a By S. SO -BOWMAN Attorney -in -Fact 10-1198 (Bid Bond) (REV. 1/01) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of SAN DIEGO } On 08/25/10 before me, A. WATT, NOTARY PUBLIC , Date Here Insert Name and Title of the Officer personally appeared S. SMITH -BOWMAN A. WATT r. Commission # 1818935 Z Notary Public - California z San Diego County D W Comm. Expires Oct 21, 20f2 Place Notary Seal Above of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($) whose name($) is/Ao subscribed to the within instrument and acknowledged to me that VekheAVO executed the same in tX;Oher/,t10 authorized capacity0ol, and that by his/her/1'h V signature(t) on the instrument the person($), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Signature of Notary Public A. WA 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)— ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.Nationa]Notaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY . INDEMNITY COMPANY OF CAUFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263.3300 KNOW ALL BY THESE PRESENTS that except as expfessty limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make. constitute and appoint. *** Steven R. Bonilla, S. Smith -Bowman, A. Watt, Leslie Hahn, Ted Collins, jointly or severally *** as their true and lawful Aftomey(s) in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations. as Sureties, bonds, undertakings and Contracts of surety. strip giving and granting unto said Atlomcry(s} in -Fact fun power and authority to do and to Worm every act necessary, requisite or proper to be done in cormeclion therewith as each of Said Corporations could do, but reserving to east of Said corporations full power of substitution and revocation, and all of the ads of said Atomey(s�in•Fact, pursuant to these presents. are hereby rafified and Confirmed. This Power of Attorney is granted and is si ned by facsimile under and by authority of the following resolutlons adopted by the respective Boards of Directors of DEVELOPERS SURETY ANp INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, etfectivo as of January 1st, M, RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vise -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, qual" the attorney(s) maned In the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that tie Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to allW the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be attfxad Io any such Power of Of to any certificate relating thereto by 10c6l1171tie, and any such Powor 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 oentmct of suretyeaup 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 that( respective officers and attested by their respective Secretary orAssistant Secretary this January 1st, 2008. Daniel Young, UGe President Stephen T. Pate, Senior Vice -President State of California County of Orange On Augast 13th, 2008 before me. Date 3`yJ� ;�aS�PORgr � Sr fi f Oct. w r t0 PA. 1936 Jenny TT Nguyen, Notes Public Here Insert Name and Title of the Officer personally appeared -- ..__-. Daniel Yamg_and Stephen T. Pate Names) of Signer(s) Place Notary Seal Above who proved to me on the basis of salistactoryevidence to be the parson(s) whose rianre(s) Ware subscribed to the within Instrument and acknowledged to me that helstmnney executed the same in hisRhe tek authorized capacity(es), and that by hisMarftheir Signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I tartly under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and wreGt. WITNESS my hand and official coal. Signature;._ .. . _ � VI Je q TT Ng n,ic CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does nereby certify that Me foregoing Power of Atorney remains in fug force and bets not been revoked and, furthermore, that the provisions of the resoArtions of ate 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 isexecutedin the City of Irvine, Caiafornla-this 25TH day of AUGUST 2010 egg Okur , istant Secretary 1a1380(Rcrr.i1r09y City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK March 4, 2011 Signature Contractors 28241 Crown Valley Pkwy., Ste. F-293 Laguna Niguel, CA 92677 RE: CC-1267 — Transit Center on Pacific Coast Highway Enclosed please find your original bid bond for CC-1267. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Citi4.Ifab4k/I 6h&eWrita 6noNew Zealand (Telephone: 714-536-5227 ) Signature Contractors 28241 Crown Valley Pkwy. Suite F 293 Laguna Niguel, Ca 92677 Phone (949) 363-7932 Fax: (949) 388-2457 17" 2010 AUG, 31 Pill 1: 51 "Sealed Bid Do Not Open" # 1267 Transit Center on Pacific Coast Highway City of Huntington Beach,, CA J SECTION C PROPOSAL for the Transit Center on Pacific Coast Highway from 1't Street to Huntington Street C.C. No.126'7 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. GIA 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 "a 0 ,46 in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-ZA TRANSIT CENTER ON PACIFIC COAST HIGHWAY, CC 1267 PROJECT BID SCHEDULE ITEM :A ESTMATEIJ, TTEMW;�.P'�UNIT EXTENDED'A QU N A, w"A"V'"WG PRICE .11Ik[OIJNT' I LS Mobilization Per LS 2 1 LS Clearing & Grubbing Per LS 3 120 SF PCC Pavement Per SF 4 5 CY Bent Cap w/4 Piles Structural Concrete (incl. reinforcement) $ L/, Oco of Per CY 5 25 CY Spread Footing Foundation Structural $ Concrete (incl. reinforcement) Per CY 6 5 EA Furnish and Install Self -Irrigating Systems Per EA 7 5 EA Furnish and Install Planters Per EA 8 5 EA Furnish and Install Trash Container $ 60 Per EA 9 1 LS Re -Establish Existing Irrigation System $ 600 Per LS C-1 11 1 LS Per EA Electrical Lighting Per LS 12 25 CY Unclassified Excavation $_ $ T�l.� Per CY 13 30 LF Furnish and Install Handrail c 14 Per LF 1 LS Furnish Traffic Control (Includes Traffic -- Control Plans & Caltrans Permitting) $ _Op $ a�-M Per LS 15 4 EA Install City Furnished Concrete Bus Shelters $� $ 06o Per EA 16 100 EA Furnish and Install Landscaping -Shrubs (1 Gallon) $j=� $ Per EA 17 1 LS Remove and Dispose Tree Per LS l Total Bid Amount, Bid in figures: $ / 03 b 0 Total Bid Amount, Bid in Words: 14oJJ k 7 ket--Po-TtJ C-z In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion 9f Work Name and Address of Subcontractor.' State .License : Number Class =L eGko/o44r ��� Sm J)t Awzf14 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 State of California ss. County of Orange being first duly sworn, deposes and says that he or she is L1 "-jA, of S'i � P� � C �� i1j the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true•, and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Nam f Bidder J72L&=:� Vgnature of Bidder O��l l a owe V Ayu-1 FO 7S Address of Bidder 14 Subscribed and sworn to before me this S1 day of /+J!!? 4-, 20 10. NOTARY PUBLIC PETER AUSTIN NEFF Cq n COMM, # 1799389 W NOTARY PUBI.IGCALIFORNIA X ORANGE COUNTY My Corm Eom BAY 27, 2012 CG4 UTILITY AGREEMENT i 1 i� iNo 1' ,i1 , Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the TRANSIT CENTER ON PACMC COAST MG Ai', (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title S, California Administrative Code, Section 2700, as follows. "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: �-_ 'X f —/ Contractor r�-z zD a� Title C-5 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 Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date:f _ / z J� Contractor c77:J%---04- Bey 0 UN tf 2, Title C-7 (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-41.33 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor n �-jKP--(�- - Title Date: 4f— _ T C / 0 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional , forms may be obtained from the AGENCY upon request. C-S BIDDER certifies that the following information is true and correct: ss-% Bidder Business Address c Lk City, State Zip Telephone Number --2 6 a Pt C, State Contractor's License No. and Class -7/' /77// Original Date Issued -3-�sI -V10 tI Expiration Date The work site was inspected by "\A, (94W4 of our office on f`-Ii , 20/0 The following are persons, firms, and corporations having a principal interest in this proposal: VY L) � 1-" asa i- Ljo ("p"I C �c�e� eti C-A Vt?z C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. C�-o�m/pay Name i7e —�' 7.Q � of Bidder Printed or Typed Signature Subscribed and sworn to before me this 5 day of '54- , 20fo NOTARY PUBLIC �g 01, PETER AUSTIN NEFF N a� ; COMMI. * 1799389 ® o NOTARY PUBi.IGCALIFORNIA ORANGE COUNTY My Comm Expires 8AY 27, 2012 CVk , 4eff� AAA-1 c7,,'01%C- NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Name and- Address of Public Agency Name and Telephone No. of Project Manager: K) , 0-- r7 Y� -A) - Y171at Contract Amount Type of ^Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager.�°Z Contract Amount Type of Work Date Completed 3. � i (,'� Name and Address of Public Agency S Name and Telephone No. of Project Manager: �. �ccs°�^� 7 �T ` MC - 0?0 Contract Amount Type of Work Date Completed C-10 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) SIGNATURE CONTRACTORS 28241 CROWN VALLEY PARKWAY F293 LAGUNA NIGUEL, CA 92677 SURETY: (Name, legal status and principal place of business) WESTERN INSURANCE COMPANY P.O. BOX 21030 RENO, NV 89515 OWNER: (Name, legal status and address) CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 BOND AMOUNT: TEN AND 00l100 PERCENT, 10% OF BID AMOUNT. PROJECT: (Name, location or address and Project number, if any) CC - 1267; TRANSIT CENTER ON PACIFIC COAST HIGHWAY 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 and sealed this th d of August, 2010. '�J TU CON R TOR WESTERN (P ) (Seal) (Sur Title) (Title) YUNt CAUTION: You should sign an original AIA Contract Document, on which this text app, obscured. // COMPANY (Seal) in RED. An original assures thatchanges will not be 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 August 27, 2010 before me, Peter Austin Neff, 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(A) whose name(*) is/; subscribed to the within instrument and acknowledged to me that heMbablM executed the same in his6tmxApir authorized capacity(, and that by his/hwAfteft signature(g) on the instrument the person(g), 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. WITNESS my hand and official seal. Signature )'- �Za SEµ�Tp PETER AUSTIN NiFF F° COII M. 81799389 � N ® NOTARY R& C.CAUFORNUI Y r ORANGE COUNTY N my Coffin Epires IIAY;! (Seat) WESTERN INSURANCE COMPANY POWER OF ATTORNEY 334179 KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby constitute and appoint Yung T. Mullick, James W. Moilanen, Jennifer C. Giboney P. Austin Neff Of the STATE OF NEVADA its true and lawful Attorney(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 2nd day of March, 2010. WESTERN INSURANCE COMPANY iK e�+�oxroa�le (Signed) By AI,Illl SEAL President 1994 �f'rE O «EV'o �wrif� (Signed) By � s�0 Secretary STATE OF NEVADA) SS: COUNTY OF WASHOE) On this 2nd day of March, 2010, before me personally came INSURANCE COMPANY and ALICE A. MOLASKY ARMAN, SECT personally acquainted, who being by me severally duly sworn, said MOLASKY ARMAN were respectively the PRESIDENT and t I the corporation described in which executed the forego +ether of Attu the seat affixed to said Power ofAttorne was s '� ate seat, t corporation, and that they signed their mml by like oinrb rar s R] My Commission expires thedy April 1 .................I...................... RATRICIA A- LETSON ^ Notary Public -State o(Nevada ir' y No OtM63Y]-Expnes Apnl]ail `� PRESIDENT of the WESTERN of said Company, with both of whom I am the said I ROTTMAN and ALICE A. rARY ctf tiid WESTERN INSURANCE COMPANY, YI{�tey each kne e seal of said corporation; that �s so affixed bhe Board of Directors of said IDENT TARY, respectively, of the Company. :. - Notary Public This Power of Attorney is granted q �i lily authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPA*X March 2, 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 Attorney(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf ofthe 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 maybe engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to anv certificate relating thereto appointing Attomey(s)-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 seat shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorney(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terns and limitations of die Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal ofthe 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 March 2, 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. Testimony Whereof, I have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this _ davot_ AUGUST 10110 Secretary g� SEAL r�fE NEVI City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK March 4, 2011 Ted Enterprises, Inc. 555 N. El Camino Real #A362 San Clemente, CA 92672 RE: CC-1267 — Transit Center on Pacific Coast Highway Enclosed please find your original bid bond for CC-1267. Sister Citiegsff6W,&�/JM8AtfreWi fijW�q.do&w Zealand ( Telephone: 714-536-5227) SECTION C PROPOSAL for the Transit Center on Pacific Coast Highway from I't Street to Huntington Street C.C. No. 1267 in the CITY OF HUNTINGTON BEACH O H HONORABLE MAYOR MEMBERS OF THE COUNCIL O HUNTINGTON 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 34 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-1A 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 AGEr.�NCY'S option, be considered null and void. Accompanying this proposal of bid, find. Z� in the amount of $ �-� L G . o 6 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 Reeeived Bidder's: Si re { GZA TRANSIT CENTER ON PACIFIC COAST HIGHWAY, CC 1267 PROJECT BID SCHEDULE t'16 U Ar I I LS Mobilization Per LS 2 1 LS Clearing & Grubbing Per LS 3 120 SF PCC Pavement $ Per SF 4 5 CY Bent Cap w/4 Piles Structural Concrete (incl. reinforcement) T- Per CY 5 25 CY Spread Footing Foundation Structural Concrete (incl. reinforcement) Per CY 6 5 EA Furnish and Install Self -Irrigating Systems $ILL Per EA 7 5 EA Furnish and Install Planters Per EA 8 5 EA Furnish and Install Trash Container Per EA 9 1 LS Re -Establish Existing Irrigation System $j4101 $ 61D Per LS C-1 12 _I Per EA 1 LS I Electrical Lighting I Per LS 25 CY T Unclassified Excavation i ��IslODD Per CY 13 30 LF Furnish and Install Handrail Id Soo /So $ Per LF 14 1 LS Furnish Traffic Control (Includes Traffic Control Plans & Caltrans Permitting) $ 7 S0° $ '7 S Per LS 15 4 EA Install City Furnished Concrete Bus Shelters $-LDD_ $ 1, 200 Per EA 16 100 EA Furnish and Install Landscaping -Shrubs (1 Gallon) Per EA 17 1 LS Remove and Dispose Tree Per LS Total Bid Amount, Bad in figures: S �/ %� lJ` 06 Total Bid Amount. Bid in Words: &1 41JU81-) t7 C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Poriion:: o .Work Name and Address .of Subcontractor, _ '... - . °: State License., Number: Class:: . Q WzSr /�7A�L ��, ��T��� 7V7d C- 6 /e-n .�N iS - 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 State of California ss. County of Oy-ange being first duly sworn, deposes and says that he or she -is of �`-Dems- s = 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. Xe?) e� �q' s Name of Bidder 1 Address of Bidder�,q Subscribed and sworn to before me thisC4/ day of 20/1) . NOTARY PUBLIC w41849489 g !C:?ARY 7kMM-OADFOR�i+A WANG[ iCR1V1Y �q`y NOTARYSEAL C-4 1 1 10 1 to]It ; M U Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the TRANSIT CFNTER ON PACIFIC COAST HIGHWAY, {l}(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. Hate: Contractor / M t- 7' By ro Title C-5 In accordance with Government Code Section. 14310.5, the Bidder shall complete, under penalty of perjury, the following 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 Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date. 2�, "0 C-7 Title BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, Telephone Number --�- ?Yqc��-q State Contractor's License No. and Class c-2� � %d Original Date Issued A- Y 2-6.. State Zip Expiration Date The work site was inspected of our office on The £-flowing are persons, firms, and corporations having a principal interest in this proposal: �-t JAL \;-7 -7- C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Subscribed and sworn to before me this c lday of , 20010 NOTARY . R�- ' JEFF `REY�r90��} R Cary �. 1649485 NOTARY F11B! iC-CALIFORN A d ORANGE COUNTY -7, NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bi r has performed similar work within the past two years: 1. (cak- R 93 and Address of Publi 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 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 TED ENTERPRISES INC To be noted: As of March 19, 2010 Ted Enterprises INC became a corporation. Doing business as TED COMPANY ceased and all future works will be conducted, under TED ENTERPRISES INC. Kelley Presid:t"It Ted. Company 1. Relocate Portable Building On -Site * San Dieguito Academy :Ted 01-09 Owner: San Dieguito Union High School District 710 Encinitas Blvd Encinitas, Ca. 92024 Doug Gilbert, 760-753-6491 x5589 Jim Mitroff 760-753-0179 x5404 Architect: Roesling Nakamura Terada Joe Mansfield 619-233-1023 Contract Amount: $94,000.00 2. Miscellaneous Site Improvements @ Torrey Pines High School: Ted 02-09 Owner: San Dieguito Union High School District 710 Encinitas Blvd Encinitas, Ca. 92024 Doug Gilbert 760-753-6491 x5589 Jim Mitroff 760-753-0179 x5404 Architect: Roesling Nakamura Terada Joe Mansfield 619-233-1023 Contract Amount: $57,000.00 3. Miscellaneous Site Improvements @ Canyon Crest Academy: Ted 03-09 Owner: San Dieguito Union High School District 710 Encinitas Blvd Encinitas, Ca. 92024 Doug Gilbert 760-753-6491 x5589 Jim Mitroff 760-753-0179 x5404 Architect: Roesling Nakamura Terada Joe Mansfield 619-233-1023 Contract Amount: $74,000.00 4_. Marshall Park Storm Drain: Ted 04-09 Owner: City of Oceanside 4927 Oceanside Boulevard Oceanside, Ca. 92056 _ Ron Perdue 760-435-5119 Contract Amount: $82,228.45 5. Shade Structure Installation @ Mission Vista IIS : Ted 05-09 Owner: Vista Unified School District 1234 Arcadia Avenue Vista, Ca. 92084 Steve Presley 760-726-2170 Contract Amount: $22,000.00 THE AMERICAN INSTITUTE OF ARCHITECTS A!A Document A310 KNOW ALL MEN BY THESE PRESENTS, that we Ted Enterprises, Inc. as Principal, hereinafter called the Principal, and Western Surety Company a corporation duly organized under the laws of the State of South Dakota as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of ten percent of total amount bid (10%) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Transit Center on Pacific Coast Highway CC No. 1267 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 26th of august, 2010 (Witness) (Witness) AIA DOCUMENT A310 -BID BOND - AIA m - FEBRUARY 1970 ED -THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 (Surety) (Seat) Michael R. Strahan, Attorney -In -Fact (Title) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Michael R Strahan, M Wager, John R Qualin, Individually of San Diego, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby.given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this I Ith day of November, 2009. y,►REr} WESTERN SURETY COMPANY •r\SC AV v N 0 Paul . Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 1 Ith day of November, 2009, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + r D. KRELL f November 30, 2012 i �� NOTARY PUBLIC 0F2 f r SOUTH DAKOTA r +�s�stitiS�sti4titi titi tititititil4titititi � CERTIFICATE X�JA kA_Cjj D. Krell, No Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of WESTERN SURETY COMPANY 144 PPOggjy n Y Sf Ab:p 4itN 7��CY. 2Z��� L. Nelson, Assistant Secretary Form F4280-09-06 ACKNOWLEDGMENT State of California County of San Diego ) On August 26th, 2010 before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared Michael R. Strahan who proved to me on the basis of satisfactory evidence to be the personA whose name s bscribed to the within instrument and acknowled ed to me tha&sbaxiay executed the same in hi� authorized capacity(�ies), and that b hi signature(RI on the instrument the persons; or the entity upon behalf of which the personjacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true And correct. WITNESS my hand and official seal- C. 8. STRAHAN Commission # 1893622 Notary Public - California a San Diego County > Signature (Seal) My Comm. Ex Tres Jun 25, 2014