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Home My WebLink AboutAll American Asphalt - 2017-05-01RECEIVED4BY: 7 (Name) (Date) TO: - FROM: DATE: SUBJECT CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION City Treasurer City Clerk rk / ( / Bond Acceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. MSC No. Other No. g:/forms/bond transmittal to treasurer Approved/ / ///-7 -1 (Council Approval Date) Agenda Item No. City Clerk Vault No. SIRE System ID No. 12.0 / c1 7 DATE: TO: FROM: SUBJECT: CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION 9/28/2017 THOSE LISTED HEREON Joseph Dale, PW Construction Manager Retention Release Payment - PO #OJ 23033 Supplier #18176 Co. #207 Operetta Drive Rehabilitation, Project # 1543 Contractor's Name: All American Asphalt Address: 400 East Sixth Street City, State and Zip Code: Corona, CA, 92879 Phone Number: (951) 736-7600 City Business License Number: (City Lic # Here) Notice of Completion (Date by City Clerk): (Enter Date Recorded by City Clerk's Office Here) 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. Date I certify that there are no outstanding invoices on file. w alp Date Travis K. Hopkihs, Director of Public Works cry Joyce ks, Deputy City Treasurer I certify that no stop notices are on file, and that a guaranty bond has been filed with the City Clerk's Office. /0//7//�l . � ze 11- Date Robin Estanislau, City Clerk Attachments -f 6 1. Notice of Completion 6k 2. Maintenance Bond 3. Certificate of Compliance with Prevailing Wage Laws 4. Contractor's Certificate 5. Certificate of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 6. Consent for Release letter from the Surety Company Certification of Compliance with'1-itic Vlf of the Civil Rights Act and Equal Employment Opportunity Act of 1972 City of I luntington Beach Department of PLIblie Works 2000 Main StrcctJ11.0. Box 190 Huntington Beach, CA 92648 Rc: Ccrtifiication of Compliance with Title VI1 of'the Civil Rights Act and Equal Employment Opportunity Act of 19712 Contract: No.1543 Project: _Operetta Drive Rehabilitation I'hc 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, color, religion, sex, sexual orientation, gender identity, national origin. rage or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the; basis of race, color, religion, sex, sexual orientation, gender identity, 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. September , 20_17_, at _Corona , California. All American Asphalt (Cowi1 acror .Vame) By: i Michael E. Gates Cite Attorney. 1 CONTRACTOR'S CERTIFICATE I, Edward_J. Carlson Vice President __. state and certify that: (Name. of Declarant) All American As is the general contractor to the City of If untington Beach ("City") on Contract No. _ 1543 for the construction of the public work of improvement entitled: Operetta Drive Rehabilitation (the "Contract*') (the "Project") 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). 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 "NONF,'): None Attached hereto arc 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. Set forth below is a list of'disputed claims or claims that arc the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; ifnone, write "NONE") None i declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Corona, CA on this day of September , 20 17 _ (,Signature (?f Declarant) APPROVED AS TO -DORM Edward J. Carlson, Vice President Michael I'- Gates City,Attorney Certification of Compliance with Prevailing Wake Laws To: City off iuntington Reach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92649 Re: Certification of Compliance with Prevailing Wage Laws Contract: No. 1543 Project: Operetta Drive Rehabilitation "['he undersigned contractor on the above -referenced project ("Pre- ect") 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 tide fringe benefit requirements specified for caclh particular classification of kvork, as set forth in the wage -rate determinations of the State of C alilbrnia, 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 fioregoing is true and correct. Executed this _ day of September 20 17 , at Corona . California. All American Asphalt lC'orrlraclur NurneJ APPROVED X", TO FORM 13 Ni�iiael E, Clatcs City Attorney 1 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION OLD TO: City Treasurer FROM: City Clerk DATE:�/ ' /7 SUBJECT: Bond Acceptance I have received the bonds for CAPITAL PROJECTS (includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. MSC No. Other No. g:/forms/bond transmittal to treasurer Approved Agenda Item No. City Clerk Vault No. SIRE System ID No. J0 / 117 Duplicate Original Bond No.: 7653070 Premium is included in the Performance Bond Executed in: I Counterpart MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That All American Asphalt (contractor's name) 400 East Sixth Street Corona CA 92879 (contractor's street address, city and state and zip code) as Principal (hereinafter called Contractor), and: Fidelity and Deposit Company of Maryland (surety's name) 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 (surety's street address, city and state and zip code) a corporation organized and existing under the laws of the State of Maryland with its principal office in the City of Baltimore as Surety (hereinafter called Surety), are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of Four Hundred Sixteen Thousand Three Hundred* Dollars ($ 416,344.00 ), equivalent to the entire contract amount including all orders, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, Jointly and severally, firmly by these presents, *Forty Four and 001100 WHEREAS, Surety is a duly admitted surety insurer under the laws of the State of California; and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and able to provide proof of bonding limitation shown In said circular is sufficient to provide bonds In the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from A.M. Hest, Moody's, Standard & Poor's, to validate that Surety has positive ratings of being secure or stable; and Surety is registered and listed with the California Department of Insurance; and Contractor has by written agreement dated 20 , entered into a contract with Owner for the Operetta Drive Rehabilitation - Protect No. 1543 in accordance with drawings and specifications prepared by which contract is by reference made a part hereof (hereinafter referred to as the Contract); and 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 The Contract also provides that the Contractor shall secure Contractor's obrigations during the one-year period with a bond executed by a surety duly admitted in the state of California; and The Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be TBD , 20_, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shalt, 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 Vold: 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) days 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. Surely shall save the Owner harmless from any claims, Judgments, liens or tosses 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. t5-4594/118138 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 as work progresses sufficienl 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 tiahle 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 thirly (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 Bald 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 complelion 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 3rd day of May 2017 Principal Raised Corporate Seal [MUST BE AFFIXED] Principal Raised Corporate Seal [MUST BE AFFIXED] NOTES: All American Asphalt (Contractor Name) By: �-`�-- (Seal) EdOar-.1 37 Czt,4 Son V ► e e, Plrtis 4c,+ (Title) Fidelity and Deposit Company of Maryland (Surety Name) By: Seaii Rebecca Haas -Bates, Attorney -in -Fact APPROVED AS.T0'4_0RM;._ .Michael E. Ga es, City Attomey Acknowledgments must be completed and returned as part of the bond. j d LD1 Raised Corporate Seals are mandatory. Please attach Power of Attorney. t55A584ft 18139 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached_ and not the truthfulness_ accuracv. or validitv of that document. State of California County of Riverside On September 13, 2017 before me, Courtney Chapas, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(s) of Signer(s) f 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/sbeA4ey executed the same in his/4e4th& authorized capacity(+es), and that by his/4er/t4& COURTNEY CHAPAS signature(s) on the instrument the person(s), or the entity upon behalf Notary Public • California Z I of which the person(&) acted, executed the instrument. a .s Riverside County z ` Commission #► 2172984 1 certify under PENALTY OF PERJURY under the laws of the State of My Comm. Ex ires Nov 20.2020t California that the forgoing paragraph is true and correct. WITNESS my hand and official sea Signature Place Notary Seal Above g ature of Vablic OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Maintenance Bond -City of Huntington Beach Document Date: May 3, 2017 Number of Pages: Signer(&) Other Than Named Above: None Capacity(fes) Claimed by Signer(&) Signer's Name: Edward J. Carlson ❑ Individual X Corporate Officer— Title(&): Vice President ❑ Partner ❑ ❑ Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact OF ❑ Trustee ❑ Other: Top of thumb here 2 Si is Name: ❑ Indi ' ual ❑ Corgorat fl ❑ Partner ❑ ❑ UN ❑ Attorney in Fact ❑ Trustee ❑ Other: — Title(s): — sd ❑ General Signer is Representing: I I Signer is Representing: Top of thumb here CALIFORNIA• • • • 1 S G\S HS�\..�C.s/-.�C.w•.A�S�C aC.w2.a•.a. A<_c\� .9\\.a..A .A� Y, s\, .T' q .A .O\ w< q S ir' s�t.a .wS� _."1�C�'. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 05/03/2017 Date before me, R. Paramo, Notary Public Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Namej§),of SignerN who proved to me on the basis of satisfactory evidence to be the person* whose name(. is/are subscribed to the within instrument and acknowledged to me that He/shelb-fa C executed the same in hWher/thair authorized capacity, and that by hiG(her/ihsir signature�4on the instrument the person(,, or the entity upon behalf of which the personK acted, executed the instrument. R. PARAMO NotaryPublic- California = Z Orange County Commission # 2204277 My Comm. Expires Aug 5, 2021 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true an rrect. WI my and officia e ture Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Maintenance Bond Title or Type of Document: Bond No. 7653070 Document Date: 05/03/2017 Number of Pages: Two(2) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): C. Partner — ❑ Limited ❑ General ❑ Individual QAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual C Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: G�,i".%ti. "�.�✓'."✓ice''✓Aa:' e'i'ui'✓A�.••�Sii�4�...�.�.i'ci L..�y''UG"✓A•/ �.HY ' �iti_✓ _ .C/ 'YcJi'y4�_,L�✓S'a "✓.i✓ �J �ui'v.�u.'L,/.`t% ' EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V. Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and inay authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in fill force and effect oil the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attonney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the Sth day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the l Oth day of May, 1990. RESOLVED; "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President. Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY \NTIERL-OF. I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 3rd day of May 2017 �w oucs, soft UAL uw .� By: Gerald F. Haley, Vice President -Fond No. 7653070 Executed in 1 Counterpart ❑ CONSENT OF SURETY TO REDUCTION IN OWNER OR PARTIAL RELEASE OF RETAINAGE ARCHITECT ❑ Conforms with the American Institute of CONTRACTOR❑ El Architects, AIA Document G707A SURETY OTHER ❑ TO OWNER: ARCHITECT'S PROJECT NO: # 1543 (:vane and address) City of Huntington Beach 2000 Main Street, P.O. Box 190 CONTRACT FOR: Rehabilitation Huntington Beach, CA 92648 PROJECT: CONTRACT DATED: TBD (,name and address) Operetta Drive Rehabilitation in the City of Huntington Beach In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Inseil name and address of Surety) Fidelity and Deposit Company of Maryland 777 S. Figueroa Street, Ste. 3900 Los Angeles, CA 90017 SURETY, on bond of Inert name and address a(Contractor) All American Asphalt 400 East Sixth Street Corona, CA 92879 CONTRACTOR, hereby approves the reduction in or partial release of retainage to the Contractor as follows: Release Retention Funds The Surety agrees that such reduction in or partial release of retainage to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address o/'Oti,ner) City of Huntington Beach 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its liand on this date: September 7, 2017 (I2vert at ll9 itlne the nranlle fbllowed hr the numeric date and year.) Fidelity and Deposit Company of Maryland (Snrgj) (Signature ofauthori-Ted representative) Attest: Rebecca Haas -Bates, Attorney -in -Fact Seal (Printed name and title) S-21331GEEF 12100 FRP • 'NIA ALL-PURPOSE ACKNOWLEDGMENT• 1t1__1.o1<r-.1t K 1t.c�t w tra n.•�c. at.wt_a t!v:•.wf� ae�..a:% .A .:� - ��:, a wt •� f.a f.a .wt.a .-�:.a _ •z�-_ A notary public or other officer completing this certificate verities. only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County, of Orange ) On 09/07/2017 Date before me, R. Paramo, Notary Public personally appeared Rebecca Haas -Bates Here Insert Name and Title of the Officer Name(.V,of SignerN who proved to me on the basis of satisfactory evidence to be the person(* whose name(§$ is/are subscribed to the within instrument and acknowledged to me that Ne/she/t-rey executed the same in hislher/their authorized capacity l�, and that by his(her/iheir signature�*on the instrument the person§), or the entity upon behalf of which the person(s), acted, executed the instrument. R. PARAMO Notary Public - California z z _ Orange County > Commission # 2204277 My Comm. Expires Aug 5, 2021 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true a f SS my hand official a. re 1 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Consent of Suretv Release of Title or Type of Document: Retaniage Bond N-o. 7653070 Document Date: 09/07/2017 Number of Pages: One (1) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ Individual QAttorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: O Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator rJ Other: Signer Is Representing: G:�s`,`- _=`.`-r` ✓.\s'a y`i,4�!s�✓*.`•'i.«. �S�..v'.� :�uG'%C�u v�'.n..'w'_sC�:ti'• -ara✓ m -Q, a v -241 - c`. ✓..�a�Gc .Kri:•+l�•t EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President mayt by written instument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any tine", CERTIFICATE 1, die undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and die FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of flee By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the .Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney. -Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the follownhg resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on die i Oth day of May, 1990. RESOLVED: 'That the facsimile or mechanically reproduced seal of die company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, 1 have hereurito subscribed my name and affixed die corporate seals of die said Companies, this Ott, day of September 20i7 *p DEIO,p�i ti�4i C maim ` SEAL 0 By: Gerald F. Haley, Vice President Document-3733327-Page-1 Page 1 of 1 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Attn: Joseph Fuentes P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1[ I II II II] I 1 II II 11111 I II NO FEE * $ R 0 0 0 9 4 7 0 0 8 9$ 2017000325604 3:54 pm 08107117 232 407 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 92548, that the contract heretofore awarded to All American Asphalt, who was the company thereon for doing the following work to -wit: Operetta Drive Rehabilitation, Project # 1543 That said work was completed 08/07/2017 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 0810712017, per City Council Resolution No. 2003-70 adopted October 5, 2003. That upon said contract Fidelity and Deposit Company of Maryland, was surety for the bond given by the said company as required This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 27383 and should be recorded free of charge. ,2 $f�LZ_ Di for o blic orks or City Engineer Date City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. This document i solely the official business of /j /, �1', _7 the City of Huntington Beach, as contemplated-�J,,��' �/��//�rj under Government code section. 27383 and Dire or of u lic or s or City Engineer Date should be recorded free of charge. City of Huntington Beach, California THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) about:blank 8/7/2017 �t i; wy: ?-ther"a'.„ `�s�c:s �1'?^+..� p;,l vr2,7 r pLu. l.F.{5.,.--a�'q,��-�7y •^4.il r.. ..:•��+,: - r �'x�-r , _ a ;.t. ta;."'i. w. r c. `, c.. RECEIVED BY- f 4: (Name) /� f (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. - Other Re: Tract No. CC No. 4--7-� 3 MSC No. Other No. g:/forms/bond transmittal to treasurer (Company Name) �h� .30 70 Approved .� / / 7' (Council Approval Date) Agenda Item No. City Clerk Vault No. SIRE System ID No.� 6 Bond No.: 7653070 Premium is included in the Performance Bond Executed in: 1 Counterpart MAINTE14ANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That All American Asphalt (contractor's name) 400 East Sixth Street, Corona, CA 92879 (contractor's street address, city and stale and zip code) as Principal (hereinafter called Contractor), and: Fidelity and Deposit Company of Maryland (surety's name) cite 3900, Los Angeles, CA 90017 (surety's street address, city and stale a corporation organized and existing under the laws of the State of Maryland with its principal office in the City of Baltimore as Surety (hereinafter called Surety), are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), In the amount of Four Hundred Sixteen Thousand Three Hundred" Dollars ($ 416,344.00 ), equivalent to the entire contract amount including all orders, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, *Forty Four and 00/100 WHEREAS, Surety is a duly admitted surety Insurer under the laws of the State of California; and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and able to provide proof of bonding limitation shown in said circular is sufficient to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from repUtable companies, such as from A.M. Best, Moody's, Standard & Pocies, to validate that Surety has positive ratings of being secure or stable; and Surety is registered and listed with the California Department of Insurance; and Contractor has by written agreement dated 20_, entered into a contract with Owner for the Operetta Drive Rehabilitation - Project No. 1543 with drawings and specifications prepared by reference made a part hereof (hereinafter referred to as the Contract); and _ in accordance which contract is by 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 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 The Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be TBD 20_, 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) days 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. Surely 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. 15-458411 I S M 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 Ilia 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 as work progresses sufficient funds to pay the cost of completlon 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 sald 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 obllgations 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 liquldated damages are specified In the Contract, actual damages caused by delayed performance or non-performance by the P(ncipal). 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 Bection 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 31st Principal Raised Corporate Seal [MUST BE AFFIXED] Principal Raised Corporate Seal [MUST BE AFFIXED] day of May 2017 All American Asphalt (Contractor Name) By: `' ,ri� (Seal) Edward S. Carlson V % c e QreB.,c"t (Title) Fidelity and Deposit Company of Maryland (Surety Name) By:21 ak)n v.=9bz9k eal) Rebecca Haas -Bates, Attorney -in -Fact APPROVED AS TO -FORM:.... l�s NOTES: Michael E. Gaffs, City Attorney 1. Acknowledgments must be completed and returned as part of the bond. [•j 0� ter 2. Raised Corporate Seals are mandatory. 1t 3. Please attach Power of Attorney. 15458411181.38 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verges only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy. or validitv of that document. State of California County of Riverside On June 5, 2017 before me, Courtney Chapas, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(s) of Signer(s) COURTNEY CHAPAS Notary Public -California = Riverside County z Commission * 2172984 My Comm. Expires Nov 20, 2020 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/he444& authorized capacity(ies), and that by his/4enkh4e r 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 forgoing paragraph is true and correct. WITNESS my hand and pfficial seal Signature 1 " Place Notary Seal Above ignature VNotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Maintenance Bond Document Date: May 31, 2017 Number of Pages: 2 Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(&) Signer's Name: Edward J. Carlson ❑ Individual X Corporate Officer— Title(s): Vice President ❑ Partner ❑ ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Other: None ner's Name: ❑Indi ual ❑ Corpora fficer — Title(s): _ ❑ Partner ❑ ❑ Li 'ted ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: All American Asphalt Signer is Representing Top of thumb here CALIFORNIA• • •. : �.t�C.aC.aC�.a:.aCaG��C.ai.a..•.�eGC�..:�C,a. s�..c�. w•,.� ,ata .aNa+!c��..aCaC��C.a .aC.aC avaC; a.:a..aN.4�i..a._aC.a..a�� . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 05/31 /2017 Date before me, A. MacFarlane, Notary Public Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name(,of Signer?* who proved to me on the basis of satisfactory evidence to be the persons} whose name(. is/are subscribed to the within instrument and acknowledged to me that 13e,/she/thcej executed the same in hWher/their authorized capacity, and that by hWherAl-eir signature(4on the instrument the person(s),, or the entity upon behalf of which the person(4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A. -� MACFARLANE L' / Notary Public - California Z Signature z Orange County > Signature of Notary Public Commission # 2188592 g ry My Comm. Expires Mar 27, 2021 Place Notary Seat Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Maintenance Title or Type of Document: Bond No. 7653070 Document Date: 05/31/2017 Number of Pages: Two 2 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates O Corporate Officer — Title(s): CJ Partner — O Limited O General ❑ Individual li?Attorney in Fact O Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: Corporate Officer — Title(s): ❑ Partner — O Limited O General 0 Individual O Attorney in Fact O Trustee O Guardian or Conservator O Other. Signer Is Representing: 02014•nal Notary Associationwww.NationalNotary.org :11 • :11 r r: 91 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY. COMPANY, and the FIDELITY. AND DEPOSIT COMPANY OF. MARYLAND, do hereby certify. that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of 20�. 'tea DUO,, M �r,. lase 1a?8EAL boo Michael Bond, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 No. 4662 STATE OF CALIFORNIA, DEPARTMENT OF INSURANCE SAN I R.ANQSCO Amended Certificate of Authority THIS IS TO CERTIFY, 7I►al, pursuant to the htturwice Cade of the Stale of Callforn/a, Ridetity and Deposit Conipany of Uary1wid of Baltimore, Maryland, organized wider the lams of Maryland, subject to its Articles of Irrrorporatlon or other fundamental orgw:lzatiorW documents; yy it herebauthorized to transact within this. State, subject to all provisions of th4r .Certificate, the fodom irig classes of lrisrtra,hce� Xire, Marig Surety, Plate Glas , Liability, Workers' Comnpensarloi4 Camniox Carrier Liability, Boller and Macldttuy, Burglary, Credit, Sprinkler, Tewit and Vehicle, Automobile, Aircr*, and Misedimmus as sorb classes are raw or may hereqfier ire defined In tlu Insurance Lmvs of the Stare of Cal(fornia. THIS GERTiFICATE is cupressly conditioned upon the holder hereof rtuw and hereater being In fuU owmphahce with all. and not in vloration of airy, of rlie applicable laws and lawful requirements made under authorlry of tlhe laws of the .State of California aj long as such laws or requirements are in effect and appllca0e, avid as such laws and requirement: now are, or may hereafter be changed or amended. Foe $50.00 Rec. No, S43I4 Filed 12/3/84 IN WITNESS WHERBOR effective as of the 29th day of January, JM 1 have hereunto set my hand and caused mY of cW Baal to he effLred this 19th clay of ./mtuary, IW. By Certlf%a clan Bruce BUD= rd+warl coe micearw Victoria S, Sidbary D7-ti I, the undersigned Thsurance CO-mml crlmter of tha State of California, do hereby cerqfy that i have compared the above copy of Cerlocate of Authority with the duplicate of original now on file in my office, and Ohio the crane is a fug true, and con eat trrmsca(pI thereof, and of the ivhole of aald d*11care, and said Certificate of Awthcwily is now In fud force and dffect IN WITNESS WIII REOF, 1 have hereunto set my hm4 mid caused my of dal seal to be affixed this 3rd-day of Atrgza� 2000. J. Clark Kelso ,(oti+rtw..rrranae Caaa.iclaw A L4 $-L-.- Mine D'Andrea Jy CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ALL AMERICAN ASPHALT FOR OPERETTA DRIVE REHABILITATION THIS AGREEMENT ("Agreement") is 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 All American Asphalt, 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 Operetta Drive Rehabilitation 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 be encountered in the prosecution of work, and for all other risks of any description in connection with the work, 1 16-5195/All American Asphalt CC-1542.docx — revised 04/2016 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), has inspected 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; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 16-5195/All American Asphalt CC-1542.docx — revised 04/2016 D. The 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 as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; 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 Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5195/All American Asphalt CC- 1542.docx — revised 04/2016 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 Four Hundred Sixteen Thousand, Three Hundred Forty -Four Dollars and Zero Cents ($416,344.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within thirty-five (35) consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 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, 4 16-5195/All American Asphalt CC- 1542.docx — revised 04/2016 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 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. 5 16-5195/All American Asphalt CC- 1542.docx — revised 04/2016 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. 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 6 16-5195/All American Asphalt CC- 1542.docx — revised 04/2016 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, the sum of Five Hundred Dollars ($500.00) per each calendar 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 7 16-5195/All American Asphalt CC- 1542.docx — revised 04/2016 findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of 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. DEMANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. (1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 8 16-5195/All American Asphalt CC- 1542.docx — revised 04/2016 (b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes; (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or 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 PROJECT; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW (or his or her written designee). All Demands shall be submitted promptly, but in no event later than thirty (30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand 9 16-5195/All American Asphalt CC- 1542.docx — revised 04/2016 within fifteen (15) days after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer, in writing, either within fifteen (15) days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the 10 16-5195/All American Asphalt CC-1542.docx — revised 04/2016 CONTRACTOR submits his or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 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. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such 11 16-5195/All American Asphalt CC- 1542.docx — revised 04/2016 sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 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 12 16-5195/All American Asphalt CC-1542.docx — revised 04/2016 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. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5195/All American Asphalt CC-1542.docx —revised 04/2016 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774 In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT -HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any 14 16-5195/All American Asphalt CC- 1542.docx — revised 04/2016 one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. 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 15 16-5195/All American Asphalt CC-1542.docx— revised 04/2016 property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 24. 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. 16 16-5195/All American Asphalt CC- 1542.docx — revised 04/2016 25. 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 (the "Additionally Insured Parties") 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 and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. 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 Five Thousand Dollars ($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/All American Asphalt CC- 1542.docx — revised 04/2016 26. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: l . 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. 27. 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 18 16-5195/All American Asphalt CC- 1542.docx — revised 04/2016 which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 28. 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 29 and any damages shall be assessed as set forth in Section 29. 29. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by 19 16-5195/All American Asphalt CC- 1542.docx — revised 04/2016 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. 30. 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. 31. 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. 32. 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. 33. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or 20 16-5195/All American Asphalt CC- 1542.docx — revised 04/2016 expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 34. 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: Joe Fuentes, Public Works 2000 Main Street Huntington Beach, CA 92648 35. SECTION HEADINGS TO CONTRACTOR: All American Asphalt ATTN: Edward J. Carlson 400 East Sixth Street Corona, CA 92879 The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 16-5195/All American Asphalt CC- 1542.docx — revised 04/2016 36. 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. 37. 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. 38. 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. 39. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other 22 16-5195/All American Asphalt CC- 1542.docx — revised 04/2016 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. 40. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 41. 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. 42. 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. 43. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 16-5195/AIl American Asphalt CC-1542.docx —revised 04/2016 45. SIGNATORIE 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. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 16-5195/AIl American Asphalt CC-1542.docx — revised 04/2016 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on /?2 9q y Q1 , 2017. CONTRACTOR: By. Mark Luer, President (print name) ITS: Chairman President Vice -President (circle one AND By: Michael Farkas, Secretary tary t name) ITS SecrChief Financial Officer Asst. ecrTreasurer (circle one) CITY OF HUNTINGTON BEACH, a municipal corporation f the Mateo a. California City Clerk INITIATED AND A PROVED: L �' Director of Public Works EW D ND ROVED: ager APPROVED City Attorney 25 16-5195/All American Asphalt CC- 1542.docx — revised 04/2016 / , � �-X' V-/, 0, 7 � 4 SECTION C PROPOSAL for the construction of OPERETTA DRIVE REHABILITATION from FANTASIA LN. TO SCENARIO DR. CC No. 1543 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 35 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bid Bond in the amount Of 10% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC-1543 OPERETTA DR. TREE PETITION BID ITEMS Item Description Quantity Unit Unit Cost Tost . . No. {Eztensroar!): 1 Mobilization 1 LS $ $ l l ICJ 2 Install Type III C3-PG-64-10 Asphalt Concrete Overlay 2" thick (0.17') 650 TN $fig -- $50,7Od 3 Adjust Sewer Manhole to grade 5 EA $ $ 4 4 Adjust Sewer Lateral Cleanout Manhole to grade 24 EA $ Q $ it 0 - 5 Furnish and Replace Existing Water Valve Cover and adjust to grade 3 EA $ -it (4 $ 2 6 Replace City provided Water Meter Box Frame and Cover with -•0 — ? U 1� , City furnished box and cover and to grade 37 EA $ $ 7 Cold Mill Existing AC to a depth of 2" (0.17') 20,200 SF $ D �� H $ff Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 (CF=6") (Item includes lot drain, Slot Pavement, 8 Aggregate Base, residential driveway curb and gutter, and paint address.) Pull out all roots within proposed improvements 2,300 LF $45 .-,. $ l03 'S60�' 9 Remove and Reconstruct Sidewalk per HB Std. Plan 207. (W=4') Pull out all roots within proposed improvements 8,000 SF $ y • Z5 $ Remove and Reconstruct Residential Driveway Approach Per 10 HB Std. Plan 209. ("W" Per Plan) (Item includes any Onsite Blending; does not include curb and gutter) Pull out all roots within proposed improvements 4,370 SF $ $ 3%pO Plant new 24 Gallon Podocarpus Macrophyllus Tree with Root Barrier per HB Std. Plans 714, 716 & 718 including Arbor- 11 Gard or approved equal at base. Includes excavating 4' by 4' by 4' hole centered at new tree location and replace with Class A top soil. 36 EA $'&I (R $ Z (a Clear and Grub existing landscape including tree roots 24" 12 below grade, replace with Class A top soil, and install dwarf fescue sod for each address lot. (address lot includes shard parkway frontage and both parkway frontages for corner lots.) 34 EA $ Z Remove and Replace existing irrigation system for each 13 parkway per address lot. (address lot includes shared parkway frontage and both parkway frontages for corner lots.) 19 EA $ $-- 14 Install New Curb Access Ramp per Caltrans Std. Plan A88A 2 EA $ 3300 — $ 15 Install truncated domes to existing Access Ramp per Caltrans Std. Plan A88A 2 $ $ O `— EA 16 Remove and replace street sign and post per HB Std. Plan 401 3 EA $ l l $ `^ C-2.1 R I SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC-1543 OPERETTA DR. TREE PETITION Item No. Description Quantity Unit Unit Cost TotaC Colt . (E�tenstoi�) 17 Remove and Replace Local Depression Per HB Std. Plan 302 265 SF $��,q�— $ �- 18 Install 3/4" PVC; Pipe Sleeve for future irrigation 180 LF $ 15 • ~ $ 2-, U '- 19 14 Day Plant Establishment for sod 1 LS $ $ '} (R5 —� 20 90 Day Plant Establishment for Trees 1 LS $ S Q 0 — $ 00 21 Provide 1 year Landscape Maintenance for Trees 1 LS $l Z}W " $ 22 Prepare Storm Water Pollution Prevention Plan (SWPP) 1 LS $ ZM O " $ Z 00 23 Install & Maintain Construction 13MPs 1 LS $ 4 Po— $ L TOTAL BID AMOUNT (BASIS OF AWARD) — SCHEDULE A $ LiNQ 3 Q V TOTAL BID AMOUNT IN WORDS: Fyuxz -C"Ousgoot) HOfoDu£n bQ-LA9-S APJIl ?,,r--eQ CATS Note: Refer to Section 9, Measure and Payment for description of each Item on Bid Schedule. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. (Delete this note in red for non -traffic signal projects) The City will provide the traffic signal equipment, as listed in the pole schedules, (also includes anchor bolts) to the contractor. The contractor is to pick up the materials, with its own labor, at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class DIR Number Dollar Amount % of Contract aF �Z� t3 �uvrJ-t ►'�l W V �rt_LC-`�� (-R ��1,��5" f � •2' �_ 1 lL W -T VYN V11R.k11v (9 t.t, ��`� �•� l By submission of this proposal, the Bidder certifies: 1. That lie is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on , at Corona CA Date City State Edward J. Carlson , being first duly sworn, deposes and says that he or she is Vice President of All American Asphalt 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. All American Asphalt Name of Bidder Sign ure of B' der Edward J. Carlson, Vice President 400 East Sixth Street Corona, CA 92879 Address of Bidder C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy. or validity of that document. State of California County of Riverside On April 3, 2017 before me, Courtney Chapas, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(s) of Signer(s) 7 who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheftey executed the same in his/her4heir authorized capacity(fes), and that by his/her/their COURTNEY CHAPAS signature(s) on the instrument the person(s), or the entity upon behalf Notary Public - California of which the person(&) acted, executed the instrument. Riverside County = Commission # 2172984 9 1 certify under PENALTY OF PERJURY under the laws of the State of M Comm. Ex ire& Nov 20, 2020 t California that the forgoing paragraph is true and correct. WITNESS my hand and official steal. Signature Place Notary Seal Above Si atu of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Noncollusion Affidavit Document Date: April 3, 2017 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Edward J. Carlson igner's Name: ❑ Individual ❑ In idual X Corporate Officer —Title(&): Vice President ❑ Corpor Officer — Title(s): ❑ Partner I ❑ Limited ❑ General ❑ Partner C ❑i led ❑ General RIGHT THUMBPRINT RIGHT THUMBPRINT ❑ Attorney in Fact ❑ Attorney in Fact OF ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ` ,, ❑ Other: ❑ Other: Signer is Representing: All A-;- A--, 4 Signer is Representing: 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 OPERETTA DRIVE REHABILITATION, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: C-5 All American Asphalt Contractor By Edward J. darlson Title Vice President DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes CdNo 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: q �?// I C-7 All American Asphalt Contractor By Edward S Carlson Title Vice President BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: All American Asphalt Bidder Name 400 East Sixth Street Business Address Corona, CA 92879 City, State Zip ( 951 ) 736-7600 publicworks(a)allamericanasghalt.com Telephone Number Email Address 267073 Class A, C-12 State Contractor's License No. and Class 1/19/71 Original Date Issued 1 /31 /2017 Expiration Date The work site was inspected by Jim McGee of our office on �l , 20IT. The following are persons, firms, and corporations having a principal interest in this proposal: Mark Luer, President 400 East Sixth Street Edward J. Carlson, Vice President Corona, CA 92879 Michael Farkas, Secretary Ph: (951) 736-7600 Fax: (951) 736-7646 C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. All American Asphalt Company Name �� Signature of Bidder Edward J. Carlson, Vice President Printed or Typed Signature Subscribed and sworn to before me this _ day of , 201_ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of \ * Prec�sosoea�kachecl, CaliPomiai jutoif �unty of ) On before me, , and Year Insert Name and Title of Notary personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfacto Nidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowTWqd 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 tate of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 CALIFORNIA JURAT GOV CODE § 8202 A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this 3rd day of April 2017, Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) COURTNEY CHAPAS Notary Public - C81ifOfnl8 (and i "F • Riverside County - - z " Commission # 2172984 (2) M Comm. Ex ices Nov 20, 2020 ; Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature Place Notary Seal Above i nature o , otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Bidder's Information Document Date: 4-3-2017 Number of Pages: 2 Signer(s) Other Than Named Above: None Top of thumb here Top of thumb here Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: City of Riverside 3900 Main Street Riverside, CA 92501 Name and Address of Public Agency Name and Telephone No. of Project Manager: Steve Howard, (951) 826-5708 $3,400,725.00 Preservation and Maintenance Contract Amount Type of Work Provide additional project description to show similar work: 2. City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Name and Address of Public Agency 06/2016 Date Completed Name and Telephone No. of Project Manager: Kimberly Young. (909) 839-7044 $1,939,000.00 Contract Amount Beautification Proiect Type of Work Provide additional project description to show similar work: 05/2016 Date Completed 3. City of Victorville 14343 Civic Drive Victorville, CA 92392 Name and Address of Public Agency Name and Telephone No. of Project Manager $2,611,215.00 Contract Amount Bruce Miller, (760) 269-0045 Reconstruction Type of Work Provide additional project description to show similar work: C-10 07/2016 Date Completed Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. Jim McGee Name of proposed Project Manager Telephone No. of proposed Project Manager (951) 736-7600 Ext. 205 2014/2015 Arterial Streets $1,683,076 - Street Reconstruction 09/2015 Project Name & Contract Amount Type of Work Bristol Street Reconstruction $ 6,951,475- Street Rehabilitation Project Name & Contract Amount Type of Work Date Completed 12/2014 Date Completed Gilman Springs Road $1,695,108- Street Reconstruction 09/2013 Project Name & Contract Amount Type of Work Date Completed 2. Rick Selph Name of proposed Superintendent Telephone No. of proposed Superintendent: (951) 453-4645 Bristol Street Widening $7,315,904- Road Widening 11/2014 Project Name & Contract Amount Type of Work Date Completed RTE 91 (Caltrans) 16,690,283 Freeway Rehabilitation 07/2014 Project Name & Contract Amount Type of Work Date Completed Residential Street Overlay $2,051,087- Street Overlay Project Name & Contract Amount Type of Work C-11 12/2014 Date Completed CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB 854FactSheet-6.30.14.pdf DIR's Contractor Registration Link — Call (844) 522-6734 https://efiling.dir.ca.gov/P WCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https:Hefiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. DIR #: 1000001051 C-12 All American Asphalt Contractor By Edward J. C rlson Vice President Title o Fidelity and Deposit Company of Maryland g Home Office: P.O. Box 1227. Baltimore. MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT BOND NO.085 97 423 , as Principal, (hereinafter called the "Principal"), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Huntington Beach as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN -------- Dollars ($ 10% OF TOTAL BID PRICE ),for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Operetta Drive Rehabilitation from Fantasia Lane to Scenario Drive - CC No. 1543 Bid Date: April 4, 2017 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 22nd &qh_&W& G0ur1 Ghap s,NYq,aTPub1lo day of March ALL AMERICAN ASPHALT A.D., 2017 (SEAL) Princi al CL(i.3Gi,r` :� -C.t `I s,..17'itle U � L,2• � f'r—a �dz✓r �" FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety By° (SEAL) Rebecca Haas -Bates Attorney -in -Fact Printed in cooperation with the American Institute of Architects (AIA) by Fidelity and Deposit Company of Maryland. Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-310, February 1970 Edition. B1D70000720701 f CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy. or validity of that document. State of California County of Riverside On April 3, 2017 before me, Courtney Chapas, Notary Public , Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(s) of Signer(s) COURTNEY CHAPAS Notary Public - California a y� Riverside County Commission * 2172984 M Comm. Expires Nov 20.2020 who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/the# authorized capacity(ies), and that by his/hegtheil: signature(s) on the instrument the person(&), 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 forgoing paragraph is true and correct. WITNESS my hand apd official seal Signature U1 Pi Place Notary Seal Above Signatur f No ary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond Document Date: March 22, 2017 Number of Pages: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: Edward J. Carlson ❑ Individual X Corporate Officer — Title(&): Vice President ❑ Partner ❑ ❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Trustee I Top of thumb here ❑ Other: No %In'dual Name: Officer — Title(s): ❑ Partner ❑ ❑ ' ited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: Si is Representing: All AmnrirSigner an Aenhnl4 g P g• Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL •. G ;C�� • �: �:!.;2��!:�� t •/� C!�C •/:;<!=�C/:1C!'�C�iC \� s\�'� •�� < ��tl:��'!,.iN.:�2.:�t �f �2 �f./.�f�� trsA2 if/: C.:�<!:�V.:��!:�:!.�C:.�i. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 03/22/2017 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signer('sl who proved to me on the basis of satisfactory evidence to be the persons} whose name4 is/are subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in hislher/their authorized capacity((*, and that by hia/,her/their signature4on the instrument the person(n), or the entity upon behalf of which the persons) acted, executed the instrument. R. PARAMO -A Commission #t 2035890 z :F;� _• Notary Public -California i Z �� Orange County My Comm. Ex ire. Aug5, 2017 I certify under PENALTY OF PERJURY under the laws of the St ali or ' that the foregoing paragraph is true an orrect. W NESS my han d officia al. Sign Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 03/22/2017 Number of Pages: One 1 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 2Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: @2014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item#5907 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY A WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 2"�10.. lday of __ 1 rch 20 1 Duos -So, 0- SEAL Iwo7 ~� Michael Bond, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 1_ n I =.l N op .. �� M N O Tl 9 " s T 4-42 ; � s 'J J 0 C) w w D 0 z w H w rr A ACOREP CERTIFICATE OF LIABILITY INSURANCE FATE 3/221ry7 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 CA LZC OB29370 1-925-244-7700 Edgewood Partners Insurance Centers (EPIC) (Inland Empire - Branch ID 14542] P.O. Box 5003 CONTACT NAME: Certificates Department PHONE FAX N • (925) 244-7700 A/C No: (925) 901-0671 E-MAIL icbrokers.com EPICcerts@e ADDRESS: EPICcerts@epicbrokers.com AFFORDING COVERAGE NAIC # INSURER A: ARCH SPECIALTY INS CO 21199 San Ramon, CA 94583 INSURED INSURER B: ZURICH AMER INS CO 16535 All American Asphalt INSURER C: AMERICAN GUAR & LIAB INS 26247 INSURERD: P.O. Box 2229 INSURER E : INSURERF: Corona, CA 92878-2229 COVERAGES CERTIFICATE NUMBER: 49784343 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. INSIRPOLICY LTR TYPE OF INSURANCE ADDL SUB POLICY NUMBER MM/ pryEFF MM DD/YEYYY LIMITS A X COMMERCIAL GENERAL LIABILITY DPC100585600 08/01/16 08/01/17 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENcurreTED nce PREMISES Ea oc $ 100,000 CLAIMS -MADE I X OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY a PRO- JECT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY BAP557108804 08/01/16 08/01/17 COMBINED SINGLE LIMIT Ea accident $ 2,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS $ BODILY INJURY (Peridt accident) PROPERTY DAMAGE Per accident $ HIRED AUTOS NON -OWNED AUTOS C UMBRELLA LIAB X OCCUR SXS019797000 08/01/16 08/01/17 EACH OCCURRENCE $ 10,000,000 X AGGREGATE $ 10, 000, 000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ 10, 0 0 0 Following -Form $ B ANDEMPS EMPLOYERTIONS' AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE — OFFICER/MEMBER EXCLUDED? FN N / A WC593205703 08/01/16 08/01/17 X STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if moresyace is re re RE: Operetta Drive Rehabilitation / APPROWc T CHAEL E. GATES CITY ATTORNEY OF HUNTINGTON BEACH Certificate Holder is Additional Insured if Required by Written Co ract Excluding Workers Compensation (2] SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 301 Main Street Suite 212 AUTHORIZED REPRESENTATIVE Huntington Beach, CA 92648 op-- USA © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) SRapley-ie 49784343 The ACORD name and logo are registered marks of ACORD P I C MEMO To: Whom it may concern From: Edgewood Partners Insurance Centers (EPIC) Named Insured: All American Asphalt et al Policy Number(s): DPC100585600, BAP557108804, WC593205703, SXS019797000 RE: Notice of Cancellation Should the above described policy be cancelled before the expiration date thereof, we will mail 30 days written notice to the Certificate Holder; except, 10 days notice for non-payment of premium. Sincerely, KatYvy Lope* Account Manager tel: 925.244.7700 3000 executive parkway, suite 325, san ramon, ca 94583 ca license OB29370 epicbrokers.com THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDMONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following- COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF -INSURED RETENTION COVERAGE FORM SECTION 11 — WHO IS AN INSURED is amended to include as an additional insured those persons or organizations who are required under a written contract with you to be named as an additional insured, but ordy with respect to liability for "bodily injury', "property damage", or "personal and advertising injury' caused, in whole or in pars, by your acts or omissions or the acts or ornlssons of your subcontractors. A. In the performance of your ongoing operations or "your work", including "your work" that has been completed; or B, In connection with your premises owned by or rented to you. As used in this endorsement, the words you" and "your" refer to the Named Insured, All other terms and conditions of this Policy remain unchanged Schedule Project City of Huntington Beach, its officers, elected or appointed RE: Operetta Drive Rehabilitation / officials, employees, agents, and volunteers Endorsement Number: This endorsement is affective on the inception date of this p#icy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number DPC100585600 Named Insured: All American Asphalt et at Endorsement Effective Date. August 1, 2016 4682 00 CGL0006 00 05 07 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - BROAD FORM, CGL POLICY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following paragraph is added to Condition 4. Other Insurance Where the Named insured is required by a written contract to provide insurance that Is primary and non-contributory, and the written cretract so requiring is executed by the Named Insured before any "occurrence" or offense, this insurance will be primary, but ondy if and to the extent required by that written contract All other terms and conditions of this Policy remain unchanged Schedule City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers Endorsement Number Project RE: Operetta Drive Rehabilitation This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement Is issued subsequent to p reparaWn of the policy,) Policy Number- DPC100585600 Named insured, All American Asphalt et al Endorsement Effective Date August 1, 2016 00 CGLO 130 00 09 06 Page 1 of 1 4682 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF -INSURED RETENTION COVERAGE FORM Edqug-1] rL>4 Name of Person or Organization: 'Where required by written contract. Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 8. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the fvilowing provision: We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payments we make for injury or damage arising out of your operations or "your work" done under a written contract with that person or organization. All other terms and conditions of this Policy remain unchanged. Schedule Project City of Huntington Beach, its officers, elected or appointed RE: Operetta Drive Rehabilitation / officials, employees, agents, and volunteers Endorsement Number: This endorsement is effective on the inception date of (his policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy,) Policy Number- DPC100585600 Named Insured: All American Asphalt et al Endorsement Effective Date August 1, 2016 00 CGL0121 00 09 06 Includes copyrighted material of Insurance Services Office. Inc., Page 1 of 1 with its permission. 4682 POLICY NUMBER BAP557108804 COMMERCIAL AUTO CA20480299 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORNI tihrrth respect to coverage provided by this endorsement. the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organizotion(s) who are 'Insureds" under the VVtro Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 8 / 1 / 16 Countersigned By: Named Insured: All American Asphalt (Authorizcd Representative) SCHEDULE Namme of Persons) or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Schedule Project City of Huntington Beach, its officers, elected or appointed RE: Operetta Drive Rehabilitation / officials, employees, agents, and volunteers (If no entry appears above. inforrnotion required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an 'insured" for Liability Coverage, but only to the extent that person or organizotion qualifies as an 'insured" under the VVIho Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright. Insurance Services Office, Inc.. 1%9 8 Page 1 of 1 1:1 4682 POLICYhII-LIBER BAP557108804 COMMERCIAL AUTO CA04440310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS .AUTO COVERAGE FORId BUSINESS .AUTO PHYSICAL DAMAGE COVERAGE FORI'd GARAGE CO%,ERAGE FORM MOTOR CARRIER COVERAGE FOR J TRUCKERS COVERAGE FORlI V%Alh respect to coverage provided by this endorsement. the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named hmred: All American Asphalt Eixkxsennent Effective Dale: 8 / 1 / 16 SCHEDULE Nam(s) Of Person(s) Or Organization(s): ALL PERECD11S AND/OR JRGANIZATI DNS THAT ARE REQUIRED B1 KRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE C-'IDENT OR. LONE, THAT i,AI'-.-ER OF SUBRO-SATION BE UNDER THIS Ft -LILY Information required to complete this Schedule. K not shown above, will be sho,,vn in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organizations} shown in the Schedule, but only to the extent that subrogotion is waived prior to the "ac- cident" or the "loss" under a contract with t h I person or organization. Schedule City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers Project RE: Operetta Drive Rehabilitation / 4682 CA 0444 0310 Q Insurance Services Office. Inc., 2009 Page 1 of 1 WOPY%ERS'COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 0306 (Ed. 4-8-4) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA 'A ? have the right to recover our payments from anyone liable for in injury covered by this policy. �Ik will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contmet that requires you to obtain this agreement from us.) YOU Must n-kiintain piyroll records ac-curately segregating the remuneration of your employees v.-hiv--- engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0 . 00 % of the California workers compensation pre- mium otherwise due on such remuneration. �7.m "UM; Person or Organizabon Job Description ALL PERSONS AND/OR ALL CA OPERATION ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION City of Huntington Beach, its officers, elected or RE: Operetta Drive Rehabilitation appointed officials, employees, agents, and volunteers All American Asphalt Policy #WC593205703 8/l/16 Zurich American Ins. (--'o. W-C 252 (4-84) WC CA 03 06 (Ed. 4-84) Page I Cd 1 4682 ° CO C'-<z O m m cp c us 3 Z 0 U) D :r rr— D coD D a� Z m vn z m C n �[7 N Z D D �O�O mzTz z p� Po z MZ-1O = = 2 �. m 7oZumm D� m cn o C7 a Z- z z >m0m N N z mAOz O to O !►n W s b� rn 10, rn � 3 o ,. ,� CD c o �' z cn v v cr C} a m m 1 V o A o Un > p 4 p N 0 N O V aNy v VJ CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUMG INSURANCE OBLIGATIONS FROM: All American Asphalt PROJECT'. Opperetta Drive Rehabilitation Project 1543 (Contractor dame) 400 East Sixth Street (Street Address) Corona, CA 92879 (City, State and Zip) TO* CYTY OF HUNTINGTON BEACH DECLARATION Attached hereto Is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorsement CG 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach ("City") and the above -named Contractor (Contractpr') for the above -described project {"Projett'j, I declare under penalty/ of perjury under the laws of the State of California that the above statement is true and correct. Signed on_ May 3rd 2017 at Corona California (Date) (City, state) (Signature of Individual Who is Making Deciaratlon) WARRANTY Contractor hereby warrants and agrees to maintain Products and Completed Operations Insurance in compliance with the Insurance requirements of the Contract for the project. Said Insurance shall be maintained through and until the eviratfon of all Warranties provided by Contractor, Said insurance shall contain Additional Insured Endorsement CG Z010 1185, naming City as an additional Insured, Contractor shall supply to City, on at least an annual basis, a Cettificate of Insurance and the aforementioned Endorsement evidencing continued coverage which meets the Contract requirements. Signed on May 3rd 7017, at _ Corona California (Date) (City, State) CONTRACTOR. ryanm,, All American Asphalt Name; Mark Luer Title;_ Precirlent iln62 F.2 RECEIVED BY: (Name) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION yk TO: City Treasurer FROM: City Clerk DATE: l SUBJECT: Bond Acceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. MSC No. Other No. g:/forms/bond transmittal to treasurer (Company Name) 7�7-6.C,30 �&-S-30 76 Approved —,�z 112 (Council Approval Date) Agenda Item No. T City Clerk Vault No.(��. SIRE System ID No. ��ffl 7— Bond No. 7653070 Premium: $1,645.00 Premium is for contract term and is subject to adjustment based on final contract price Executed in: 1 Counterpart PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereafter referred to as "City") has, by written agreement dated , 20_, entered into a contract with All American Asphalt 400 East Sixth Street Corona CA 92879 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: Operetta Drive Rehabilitation - Project No. 1543 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full; and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety"); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody's, or Standard & Poo1's, to validate that Surety has positive ratings of being secure or Stable; and Surety is registered and listed with the California Department of Insurance, NOW, THEREFORE, we, the undersigned, as Principal, and Fidelity and Deposit Company of Maryland 777 S. Figueroa Street Suite 3900 Los Angeles CA 90017 (name and address of Surety) as Surety, are held and firmly bound unto City in the penal sum of Four Hundred Sixteen Thousand Three Hundred Forty Four and 00/1 On Dollars ($ 416,344.00 ), this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") fromany 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 or contract price, and any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees 15-4584/117174 Bond No. 7653070 to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: May 3, 2017 ATTEST All American Asphalt (Corporate Seal) (Principal Nam ame: per tt�� Title: eCg i � ATTEST Fidelity and Deposit Company of Maryland (Corporate Seal) (Surety Name) Name: Rebecca Haas -Bates, Attorney -in -Fact (Signature of Attorney -in -Fact for Surety) (Attach Attorney -in -Fact Certificate) 213 270-0600 (Area Code & Telephone Number for Surety) APPROVED AS TO F By: i ✓Michael E. Gates, City Attorney 5� Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. PERFORMANCE BOND Page 2 of 2 15-4584/117174 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validity of that document. State of California County of Riverside On 5/8/2017 before me, Donna Thorne Notary Public Date Here Insert name and Title of the Officer personally appeared DONNA THORNE Commission # 2067768 Notary Public - California z z= n Z "' Riverside County My Comm. Expires Jun 7, 2018 Place Notary Seal Above rk Lu 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/he4their 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 forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Performance Bond No. 7653070 Date: 5/3/2017 Number of Pages Two (2) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Signer's Name: Mark Luer ❑ Individual X Corporate Officer — Title(s): President ❑ Partner ❑ ❑ Limited ❑ General ❑ Attorney in Fact FT.p ❑ Trustee of thumb here ❑ Other: I Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner ❑ ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: Top of thumb here CALIFORNIA•. , O. :✓✓-s�..a<.c�<.w<.a� .c�«i«si�<�<_a<,a<.s�<. <�.. C.a._a��•.a<.a<.a .a .a��..i � _ate<.w,?'-'< .�<��.:�<.s��<�C� _w�_c�<_a..a�� . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 05/03/2017 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameN,of SignerN who proved to me on the basis of satisfactory evidence to be the persons} whose name(b. is/axe subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in hislher/thei.r authorized capacity l(i*, and that by his4her/t'heir signature�b*on the instrument the person(* or the entity upon behalf of which the person(s), acted, executed the instrument. _ A. MACFARLANE } NotaryPublic— California Z < -N • Orange County D Commission # 2188592 My Comm. Expires Mar 27, 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature____,� L Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Perfonnance Bond No. 7653070 Document Date: 05/03/2017 Number of Pages: Two 2 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General ❑ Individual Q'Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: �,cC: e�..yti'.�+{c�. '<i,� ric'ei�e'ri'+�'+ti.�.4'a'.�-d:�:.'.��.� �e��+..✓.:' '.c�,!Z�u'e!e'a. -ric eic ✓6'ri.��"dh✓. ✓<�.i.� e' .c✓c�s..f�n EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 3rd day of May eon ro uuc,c� b F�SBAL tan ��. r' t By: Gerald F. Haley, Vice President Bond No.: 7653070 Premium is included in the performance bond Executed in: 1 Counterpart PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS; WHEREAS, City of Huntington Beach (hereafter referred to as "City) has awarded to All American Asphalt 400 East Sixth Street, Corona, CA 92879 (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: Operetta Drive Rehabilitation - Proiect No. 1543 (Project Title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety"); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody's or Standard & Poor's, to validate that Surety has positive ratings of being secure or stable; and Surety is registered and listed with the California Department of Insurance. NOW THEREFORE, we, the undersigned Principal, and Fidelity and Deposit Company of Maryland 777 S. Figueroa Street Suite 3900 Los Angeles, CA 90017 (name and address of Surety) as Surety, are held and firmly bound unto City in the penal sum of Four Hundred Sixteen Thousand Three Hundred Forty Four and 00/100 dollars ($ 416 344.00 ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the 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; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Page ) of 2 15-4584/117357 PAYn1ENT BOND 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, extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: May 3, 2017 ATTEST All American Asphalt (Corporate Seal) (Principal Name B' Name:r k Lr.«{` Title: qfe-5ide.nk ATTEST Fidelity and Deposit Company of Maryland (Corporate -Seal) (Surety Name) Name: Rebecca Haas -Bates, Attorney -in -Fact (Signature of Attorney -in -Fact for Surety) (Attach Attorney -in -Fact Certificate) 2(� 270-0600 (Area Code & Telephone Number for Surety) APPROVED AS By: E. Gates, -City Attorney I- Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. Page 2 of 2 15 1584/117357 PAYMENT BOND CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validitv of that document. State of California County of Riverside On 5/8/2017 before me, Donna Thorne Notary Public Date Here Insert name and Title of the Officer personally appeared Ma 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/she4hey executed the same in his/he9t#eir authorized capacity(ies), and that by his/he4their signature(s) on the instrument the person(s), or the entity upon behalf DONNA THORNE of which the person(s) acted, executed the instrument. Commission # 2067768 Z .-m Notary Public - California z Z - Riverside County ' I certify under PENALTY OF PERJURY under the laws of the State of My Comm. Expires Jun 7, 2018 California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature�� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond No 7653070 Date: 5/3/2017 Number of Pages Two (2) Signer(&) Other Than Named Above: Fidelity and Deposit Company of Maryland Signer's Name: Mark Luer Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(s): President ❑ Corporate Officer — Title(s): ❑ Partner 0 ❑ Limited ❑ General RIGHT THUMBPRINT ❑ Partner 0 ❑Limited ❑General RIGHTTHUMBPRINT ❑ Attorney in Fact OF I SIGNER Top of thumb here ❑Attorney in Fact OF ❑ Trustee Top of thumb here ❑ Trustee ❑ Other: ❑ Other: Signer is Representing: .„ Signer is Representing: CALIFORNIA• • . •D \,�•!siCc�:.c�:.Te!w�..w�rc.c�:�..ti�N.: t�..:�¢.c� .c�:�..a mCs� .� .a<{a��._:�c. �.wCs�t.c� .aS :�< :�..:�e!:�e�:.a s�..c�,.:�C�..a•..w.: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 05/03/2017 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signer(* who proved to me on the basis of satisfactory evidence to be the person(* whose name4 is/are subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in hWher/thei.r authorized capacityji*, and that by his(her/tw r signature) on the instrument the person(s), or the entity upon behalf of which the person(s)• acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. A. MACFARLANE WITNESS my hand and official seal. NotaryPublic- California Z Z Orange County > /i Commission # 2188592 Signature My Comm. Expires Mar 27, 2021 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond No. 7653070 Document Date: 05/03/2017 Number of Pages: Two 2 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General ❑ Individual CRAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 3rd day of May 2017 to ocioj� pub r 6 By: Gerald F. Haley, Vice President Company Profile Page 1 of 2 Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1299 ZURICH WAY SCHAUMBURG, IL 60196 800-382-2150 Old Company Names Agent For Service KARISSA LOWRY 2710 GATEWAY OAKS DRIVE SUITE 15ON SACRAMENTO CA 95833 Reference Information Effective Date NAIC #: 39306 California Company ID #: 2479-4 Date Authorized in California: O1/01/1982 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: MARYLAND back to top NAIC Group List NAIC Group #: 0212 ZURICH INS GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyP... 5/18/2017 Company Profile Page 2 of 2 WORKERS' COMPENSATION back to top © 2008 California Department of Insurance https://interactive.web. insurance. ca.gov/companyprofile/companyprofile?event=companyP... 5/ 18/2017 Surety Bonds - Certified Companies Page 8 of 23 Explorer Insurance Company (NAIC #40029) BUSINESS ADDRESS: P.O. BOX 85563, SAN DIEGO, CA 92186 - 5563, PHONE: (858) 350-2400 x-2550. UNDERWRITING LIMITATION b/: $10,147,000. SURETY LICENSES c,f/: AZ, CA, CO, CT, HI, ID, IL, IN, IA, MD, MA, MI, MS, MT, NJ, NV, NM, OR, PA, TN, TX, UT, VT, VA, WA, WV. INCORPORATED IN: California. t Back To Too Fair American Insurance and Reinsurance Company (NAIC #35157) BUSINESS ADDRESS: One Liberty Plaza, 165 Broadway, New York, NY 10006. PHONE: (212) 365-2200. UNDERWRITING LIMITATION b/: $24,182,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, VI, WA, WV, WI, WY. INCORPORATED IN: New York. Farmers Alliance Mutual Insurance Company (NAIC #19194) BUSINESS ADDRESS: P.O. Box 1401. McPherson, KS 67460. PHONE: (620) 241-2200. UNDERWRITING LIMITATION b/: $16,564,000. SURETY LICENSES c,f/: CO, ID, IA, KS, MN, MO, MT, NE, NM, ND, OK, SD. INCORPORATED IN: Kansas. Farmington Casualty Company (NAIC 941483) BUSINESS ADDRESS: ONE TOWER SQUARE, HARTFORD, CT 06183, PHONE: (860) 277-0111. UNDERWRITING LIMITATION b/: $29,133,000, SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SO, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Connecticut. Farmland Mutual Insurance Company (NAIC #13838) BUSINESS ADDRESS: ONE WEST NATIONWIDE BLVD., 1-04-701, COLUMBUS, OH 43215 - 2220. PHONE: (515) 508-3300. UNDERWRITING LIMITATION b/: $17,059,000. SURETY LICENSES c,f/: AL, AZ, AR, CA, CO, DE, DC, FL, GA, ID, IL, IN, IA, KS, KY, MD, MI, MN, MS, MO, MT, NE, NV, NC, NO, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA, WV, WI, WY, INCORPORATED IN: Iowa. FCCI Insurance Company (NAIC #10178) BUSINESS ADDRESS: 6300 University Parkway, Sarasota, FL 34240 - 8424. PHONE: (800) 226-3224, UNDERWRITING LIMITATION b/: $53,562,000. SURETY LICENSES c,f/: AL, AZ, AR, CO, DC, FL, GA, IL, IN, IA, KS, KY, LA, MD, MI, MS, MO, NE, NC, OH, OK, PA, SC, TN, TX, VA. INCORPORATED IN: Florida. Federal Insurance Company (NAIC #20281) BUSINESS ADDRESS: 15 Mountain View Road, Warren, NJ 07059. PHONE: (908) 903-2000. UNDERWRITING LIMITATION b/: $1,186,080,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MP, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, VI, WA, WV, VVI, WY. INCORPORATED IN: Indiana. FEDERATED MUTUAL INSURANCE COMPANY (NAIC #13935) BUSINESS ADDRESS: 121 EAST PARK SQUARE, OWATONNA, MN 55060. PHONE: (507) 455-5200. UNDERWRITING LIMITATION b/: $286,243,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Minnesota. Fidelity and Deposit Company of Maryland (NAIC #39306) BUSINESS ADDRESS: 1299 ZURICH WAY, SCHAUMBURG, IL 60196 - 1056. PHONE: (847) 605-6000. UNDERWRITING LIMITATION b/: $14,738,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MP, MT, NE, NV, NH, NJ, NM, NY, NC, NO, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, VI, WA, WV, WI, WY. INCORPORATED IN: Maryland. FIDELITY AND GUARANTY INSURANCE COMPANY (NAIC #35386) BUSINESS ADDRESS: One Tower Square, Hartford, CT 06183. PHONE: (860) 277-0111. UNDERWRITING LIMITATION b/: $1,929,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Iowa. Fidelity and Guaranty Insurance Underwriters, Inc. (NAIC #25879) BUSINESS ADDRESS: One Tower Square, Hartford, CT 06183. PHONE: (860) 277-0111. UNDERWRITING LIMITATION b/: $8,620,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Wisconsin. Financial Casualty & Surety, Inc. (NAIC #35009) BUSINESS ADDRESS: 3131 Eastside, Suite 600, Houston, TX 77098. PHONE: (800) 392-1604. UNDERWRITING LIMITATION b/: $1,506,000. SURETY LICENSES c,f/: AZ, CA, CT, DE, FL, GA, ID, IN, IA, KS, LA, MD, MI, MN, MS, MO, MT, NV, NJ, NY, NC, ND, OH, PA, SC, SD, TN, TX, UT, VT, VA, WA, WV. INCORPORATED IN: Texas. Financial Pacific Insurance Company (NAIC #31453) BUSINESS ADDRESS: P.O. BOX 73909, CEDAR RAPIDS, IA 52407 - 3909. PHONE: (319) 399-5700. UNDERWRITING LIMITATION b/: $10,205,000. SURETY LICENSES c,f/: AK, AZ, AR, CA, CO, FL, ID, IL, IA, KS, MN, MO, MT, NE, NV, NM, ND, OK, OR, SD, TX, UT, WA, WI. INCORPORATED IN: California. https://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570_a-z.htm 5/18/2017 Rating Search: Search Advanced Search Print or PDF Fidelity and Deposit Company of Maryland?) A.M. Best #: 000387 NAIC M 39306 FEIN #: 133046577 Administrative Office View Additional Address Information 1299 Zurich Way Schaumburg, IL 60196-1056 United States Web: www.zurichna.com Phone: 800-987-3373 Fax:877-962-2567 Assigned to 511°" WStrm 4iRa°"°? insurance companies =BEST A+ Superior that have, in our opinion, a superior ability to meet their ongoing insurance obligations. additionalView I • • product forthiscompany. Based on A.M. Best's analysis, 050457 - Zurich Insurance Group Ltd is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Financial Strength Rating View Definition Rating: Affiliation Code: Financial Size Category Outlook: Action: Effective Date: Initial Rating Date: A+ (Superior) g (Group) XV ($2 Billion or greater) Negative Affirmed December 01, 2016 June 30, 1922 Long -Term Issuer Credit Rating View Definition Long -Term: aa- Outlook: Negative Action: Affirmed Effective Date: December 01, 2016 Initial Rating Date: September 14, 2004 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Issued by: A.M. Best Rating Services, Inc. Senior Financial Analyst: Darian Ryan Senior Director: Michael J. Lagomarsino, CFA, FRM Disclosure Information adView A.M. Best's Rating Disclosure Form A.M. Best Affirms Credit Ratings of Zurich Insurance Company Limited and Its Main Rated Affiliates December 01, 2016 A.M. Best has provided ratings & analysis on this company since 1922. Powered by A.M. Best's Global Insurance Database Page 1 of 3 Financial Strength Rating Long -Term Issuer Credit Rating Effective Date Rating Effective Date Rating 12/1 /2016 A+ 12/1/2016 aa- 10/2/2015 A+ 10/2/2015 aa- 11 /26/2014 A+ 11 /26/2014 aa- 11 /21 /2013 A+ 11 /21 /2013 aa- 11 /27/2012 A+ 11 /27/2012 aa- `�—; AMB Credit Report - includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 3/31/2017 (represents the latest significant change). Historical Reports are available in AMB Credit Report Archive. View additional news reports and products for this company. Date Title Dec 01, 2016 A.M. Best Affirms Credit Ratings of Zurich Insurance Company Limited and Its Main Rated Affiliates Oct 02, 2015 A.M. Best Affirms Ratings and Revises Outlook to Negative for Zurich Insurance Company Limited and Some of Its Rated Affiliates Nov 26, 2014 A.M. Best Affirms Ratings of Zurich American Insurance Company and Its Affiliates Nov 21, 2013 A.M. Best Affirms Ratings of Zurich American Insurance Company and Its Affiliates Nov 27, 2012 A.M.Best Affirms Ratings of Zurich American Insurance Company and Its Affiliates Nov 18, 2011 A.M.Best Affirms Ratings of Zurich American Insurance Company and Its Affiliates Nov 19, 2010 A.M. Best Upgrades Ratings of Zurich Insurance Company Limited's U.S Subsidiaries Dec 17, 2009 A.M.Best Affirms Ratings of Zurich Financial Services Ltd. and Its Subsidiaries Dec 11, 2008 A.M. Best Affirms Ratings of Zurich Financial Services' Revises Outlook on Ratings of Zurich Insurance Company to Stable Dec 11, 2007 A.M. Best Revises Outlook on Ratings of Zurich Insurance Company to Positive: Affirms Ratings of Zurich Financial Services 2 LLJLM1 l Page size: 17 items in 2 pages European Union Disclosures A.M. Best - Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the European Union (EU). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia -Pacific Limited (AMBAP), Australian Registered Body Number (ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong. AMBAP is a wholesale Australian Financial Services (AFS) Licence holder (AFS No. 411055) under the Corporations Act 2001. Credit Ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. 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Best's Global Insurance Database Page 3 nj3 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Robin Estanislau, City Clerk May 25, 2017 All American Asphalt Attn: Edward J. Carlson 400 East Sixth Street Corona, CA 92879 Re: Operetta Drive Rehabilitation — CC-1543 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517. Sincerely, RobEstanisl&au, �CM C City Clerk RE:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Dept. ID PW 17-019 Page 1 of 2 Meeting Date: 5/1/2017 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 5/1/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Award and authorize execution of a construction contract with All American Asphalt in the amount of $416,344 for the Operetta Drive & Opera Lane Rehabilitation Project, CC-1543 Statement of Issue: On April 4, 2017, bids were opened for the Operetta Drive & Opera Lane Rehabilitation Project, CC-1543. City Council Action is requested to award the construction contract to All American Asphalt, the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of $480,500 are available in the Gas Tax fund No. 20790052.82300 Recommended Action: A) Accept lowest responsive and responsible bid submitted by All American Asphalt in the amount of $416,344; and, B) 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 an alternative direction. Analysis: This project will rehabilitate the Operetta Drive and Opera Lane, from Fantasia Lane to Scenario Drive, on the established Tree Petition Program and was picked for construction based upon current street condition. The scope of work includes removal and replacement of concrete sidewalks, driveway approaches, curb and gutter, landscaped parkways, and curb ramps. The asphalt roadway will include a cold mill and overlay with new asphalt due to previous damage from existing tree roots. In addition, existing utilities will be adjusted to new finished surface. The bids were publically opened on April 4, 2017. The verified bid amounts are listed below: Bidding Contractor Submitted Bid Verified Bid ALL AMERICAN ASPHALT 416 344.00 $416 344.00 EBS GENERAL ENGINEERING $430 440.00 $430,440.00 NOBEST $449 000.00 $449,000.00 EXCEL PAVING 471 865.00 $471,865.00 HARDY & HARPER $476,000.00 $476,000.00 Item 4. - 1 HB _72_ Dept. ID PW 17-019 Page 2 of 2 Meeting Date: 5/1/2017 HYM ENGINEERING $485,870.00 $485,870.00 VIDO SAMARZICH $497,080.00 $498,580.00 GRIFFITH COMPANY $511,950.00 511 950.00 Staff recommends award of the construction contract to All American Asphalt, in the amount of $416,344. The contractor has provided successful projects for the City in the past. The total estimated project cost is $480,500, which includes the construction contract, project management, construction contingency and supplemental expenses (inspection services). Public Works Commission Action: The Public Works Commission reviewed and approved the project on November 16, 2016, with a vote of 6-0-1 (Strook Absent). Environmental Status: The project is categorically exempt pursuant to Class 1, Section 15301 (c) of California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Location Map HB -73- Item 4. - 2 \ NTS OPERETTA DR. (FANTASIA LN. - SCENARIO DR.) TREE PETITION STREET IMPROVEMENTS CC-1543 PROJECT LOCATION MAP I Lim CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Item 4. - 3 -__ CITY OF HUNTINGTON BEACH PROJECT NAME: Operetta Drive Rehabilitation CC#: 1543 BID OPENING DATE: 4/4/2015 TIME & LOCATION: 2:00 P.M. at Coucil Chambers ENGINEER'S ESTIMATE: $500,000.00 BIDS SUBMITTED (AS READ AT OPENING) BIDDER'S NAME FINAL RANK APPARENT BID AMOUNT All American Asphalt, Corona -3 31 2.1 EBS General Engineering, Corona Excel Paving, Long Beach Griffith Company, Santa Fe Springs GSCI, Placentia Hardy & Harper, Santa Ana oo Harry H. Joh Construction, Paramount HYM Engineering, Buena Park 7() Nobest, Westminster oa) Sequel Contractors, Santa Fe Springs Sully Miller Contracting, Brea Vido Samarzich, Alta Loma Z PTS-09222016—Version —15—CC1543 �IUL l�L- Q Q 4V Aoi �L fit) J7 SECTION A NOTICE INVITING SEALED BIDS for the construction of OPERETTA DRIVE REHABILITATION CC No. 1543 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on April 4, 2017. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $20.00 nonrefundable fee if picked up, or payment of a $40.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY website. http://www.huntingtonbeachca.gov/govemment/departments/public works/Bids/ Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: The project consists primarily of concrete driveway, curb & gutter, and sidewalk replacement, street tree replacement, cold milling existing pavement, installation of an inch and a half (1-1 /2") asphalt concrete overlay, and adjustment of existing utility covers. For convenience of pedestrian access and vehicle parking availability one side of the street must be open at all times during construction of concrete improvements, tree removal, and demolition. • The contract shall allow the Contractor 35 working days to complete the contract. • The engineer's estimate of probable construction cost for the work is $500,000. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 6th day of September 2016, by Resolution No. 2016-58. Attest: /s/ Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Esparza, Patty From: David Ward [dward@ocregister.com] Sent: Thursday, March 09, 2017 4:23 PM To: Esparza, Patty Cc: Fuentes, Joe Subject: Re: Legal Ad for the HB Wave Good afternoon Patty. Your notice is all set and ready to go. Have a great weekend in case this is the last time we talk this week. Ad#10915171 Run Dates 3/16, 3/23 & 3/30 Cost $936.00 PROOF ........... . ..... ... SECTION A NOTICE I NV ITI NG SEALE D B I IDS for the construction of OPERETTA DRIVE REHABILITATION CC No. 1543 in the CITYOF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on A r1l 4, 2017. Bids will be publicly opened in the Council Chambers unless otherwise posted, Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $20.00 nonrefundable fee if picked up, or payment of a $40.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifi- cations, and contract documents can be downloaded free on AGENCY website. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the mini- mum prevailing rate of per them wages for each craft, classification or type of workman be needed to execute the contract shall those determined by the Director of Industrial Rela- tions of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the pro- visions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afford- ed full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any considera- tion leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conform- ance with the Instructions to Bidders as determined by the AGENCY. The bid must be ac- companied by a certified check, cashier's check, or bidder's bond made payable to the AGEN- CY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All exten- sion of unit prices will be subject to verification by the AGENCY. In case of a variation be- tween the unit price and the extension, the unit price will govern. Project Description: The project consists primarily of concrete driveway, curb & gutter, and sidewalk replacement, street tree replacement, cold milling existing pavement, installa- tion of an inch and a half (1-1/2") asphalt concrete overlay, and adjustment of existingutility covers. For convenience of pedestrian access and vehicle parking availability one side of the street must be open at all times during construction of concrete improvements, tree removal, and demolition. The contract shall allow the Contractor 35 working days to complete the contract. The engineer's estli mate of probable construction cost for the work is $500,000. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the gh day of September 2M by Resolution No. 2016-58, Attest: /s/ Robin Estanislau CITY CLERKOF THE CITYOF HUNTINGTON BEACH Published, The Huntington BeachWaveMarch 16,23, 30,2017 10915171 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a 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 above entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Huntington Beach, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: March 16, 23, 30, 2017 " I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on March 30, 2017 Signature Huntington Beach Wave 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 Proof of Publication SECTION A NOTICE INVITING SEALED BIDS. for the construction of OPERETTA DRIVE REHABILITATION CC No.1543 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated Projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on April 4, 2017. Bids will be Publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $20.00 nonrefundable fee if picked'up, or payment of a $40.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifi- cations, and contract documents can be downloaded free on gGENCY wepsite. http•�//www huntingtonbeachca goy/government/departments/public works/Bid Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the mini- mum prevailing rate of per diem wages for each craft, classification or type of workm9n needed to execute the contract shall be those determined by the Director of Industrial Rela- tions of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the pro- visions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afford- ed full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any considera- tion leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conform- ance with the Instructions to Bidders as determined by the AGENCY. The bid must be ac- companied by a certified check, cashier'scheck, or bidder's bond made payable to the AGEN- CY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the,Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The'successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All exten- sion of unit prices will be subject to verification by the AGENCY. In case of a variation be- tween the unit price and the extension, the unit price will govern. Project Description: The project consists primarily of concrete driveway, curb & gutter, and sidewalk replacement, street tree, replacement, cold milling existing pavement, installa- tion of an inch and a half (1-1/2") asphalt concrete overlay, and adjustment of existing utility covers. For convenience of pedestrian access and vehicle parking availability one side of the street must be open at all times during construction of concrete improvements, tree removal, and demolition. • The contract shall allow the Contractor 35 working days to complete the contract. • The engineer's estimate of probable construction cost for the work is S500,000. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum Period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 0h day of September 2016 by Resolution No. 2016.58 . Attest: /s/ Robin Estanislau CITY CLERK OF THE CITY OF HUNTI NGTON BEACH Published: The Huntington Beach Wave March 16, 23, 30, 2017 10915171 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a 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 above entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Huntington Beach, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: March 16, 23, 30, 2017 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on March 30, 2017 Signa e Huntington Beach Wave 625 N. Grand Ave. Santa Ana, CA 92701. (714) 796-2209 Proof of Publication SECTION A NOTICE INVITING SEALED BIDS for the construction of OPERETTA DRIVE REHABILITATION' CC 43 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for The above stated Projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on April 4, 2017. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans,Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $20.00 nonrefundable fee if picked up, or payment of a $40.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifi- cations, and contract documents can be downloaded freBg on /1GENCY %jpsite. http //www huntingtonbeachca govlgovernmentj epor ments/pubic works/Bids/ Any contract entered into pursuant to this notice will incorporate the Provisions of the State Labor Code. Pursuant to the Provisions of the Labor Code of the State of California, the mini- mum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Rela- 2ion Main State Huntington California, are on CA 8file at the Office of the Director of Public Works, Stree The AGENCY will deduct 5% retention from all Progress Payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the pro- visions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afford- ed full opportunity to submit bids in response. to this notice and will not be discriminated against on t to basis of race, o contract national origin, ancestry, sex, or religion in any considera- tion he No bid shall be considered unless it is prepared on the approved Proposal forms in conform- ance with the Instructions to Bidders as determined by the AGENCY. The bid must be ac- companied by a certified check, cashier's check, orbidder'sbond made Payable to the AGEN- CY for an amount no less than 10% of the.amount bid. The successful bidder shall be licensed in accordance with provisions of the Business andProfessions Code and shall Possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to Possess. business licenses from the AGENCY. All exten- tween the unit price ainlbe d the xtension theunitprice w II AGENCY. In case of a variation be - Protect Description: The project Consists Primarily of Concrete driveway, curb & gutter, and sidewalk replacement, street tree replacement, cold milling existing pavement, installa- tion of an inch and a half (1-1/2") asphalt concrete overlay, and, adjustment of existing utility street must be convenience of all times during construction of'concretelimprov'emelnts, treonee side of and demolition. • The contract shall allow the Contractor 35 working days to complete the contract. • The engineer's estimate of probable construction cost for the work is S500,000. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of theCITY OF HUNTINGTON BEACH, CALIFORNIA, the 6th day of September 20_ 16 by Resolution No. 2016-58 . Attest: /s/ Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH 10915171 Publishep: The Huntington -Beach Wave March 16, 23, 30, 2017 UNSUCCESSFUL BIDS CC-1543 Operetta Drive Rehabilitation City Of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk July 21, 2017 Griffith Company 12200 Bloomfield Ave. Santa Fe Springs, CA 90670 RE: Operetta Drive Rehabilitation — CC-1543 Enclosed please find your original bid bond for CC-1543. Sincerely, Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan o Waitakere, New Zealand O 1O v o II. v U O �A . C- O .Q • -J m O N ON L C� - co U 0 � ct O C`l � � O O � -� c N O � C b1J I . ECTION C for the Collstruction of, OP_PAZE I'TA DI,Z'I.A/ , I,ZEHAB11XI'ATION horn FAN 'AS_1_A LN..I'O SCENAWO DIZ. CC No. 1543 in the CJTY OF 11UN'X':XNGTON BEACH `.f'O 'I' 1E, IIONOIZAR_IX, M11YOlil AND Mh,Mi3EIZS OF '11fle, COUNCH_. Oh' ►IIfNTT _NGTON BE, ACH: In compliance with the Notice Inviting, Sealed Bkk, the undersiglmd hereby p uposcs and agrees to purfor n ail the; work therein described, and to furnish ail labor, Material, equipment and incident insurance necessary therefor, in accordance with tile plans and speciffrcations on file ill the office or the City l nginccr of the City of.' i:J_untington Boach. The undersigned agrees to perfor3lt the work therein to the satisfaction of and under the supervision of the City Engineer of the Cite of _Huntington Beach, and to cider Into it contract at the following prices, The undersigned agrccs to cofnplete the worl< %vithin 35 working days, shirting Omni the date or the Notice to Proceed. W 13I1)UI I� declares that this proposal is based upon careful examination of, the .work site, plans, sl)ccifieations, 1.119(1-rlCtiOnS to Bidders and all other contract documents. if this proposal is accepted for award, RE)D R aggrces to enter into a contract with AG-:,NC'Y at the unit and/or lump s.urr prices set Roth in the 1'0lloNving Rid Schedule. I31DT)ER. uncierstands drat failure; to enter into a contract in the manner and time pr-escrihed will result in frfeiture to AGI-,'.NCY of' the guaranty accompanying this proposal. HIDDI_ IZ understands that a hid is requircd for the entire worl<, thn.t the estirruated quantities set forth in the I.S Schedule ace solely Tr the pumosc of eonlparinghick and that final c0111pcnSation under the Contract wil1 he based upon the actual quankles of work satisfactorily completed. '1.'II1? AC E:NCY _U,SI RVI?S IT-1", RIGI-I'f TO Dl I,hCI? ANY 11T-M I"T,OfVt "I'fIF' CON'I'RAC . It is agmed that the unit and/or lamp Burn prices bid inchide all aprniacnant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty clays fmiri the bid opening date. il' at such time the contract is not awarded, the AGENCY will reject all bids an,I %Ali readve.rtise the project. In the; case of discrepancies in the ar11our:rt:5 hid, unit prices shall govern over extended alti01-111ts, inc! words shall govern over figul-cs. If' a wardecl the Contract, the undersipned agrees that in the event of the BIDDER'S default ill executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENrCY'S notice of award of contract to the 111D.I.)ER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this hid and the acceptance here<rf- may, at the AGENCY'S option, be considered dull and void, Aecornpanyirig this proposal of bici, find.. —__Bidder's Bond in the arnOL1111 of 10_% _— which said amount: is not less than IO(Yo of the aggregate of the tota-1 bici price, as raluired 1)), the Notice Inviting Scaled Bids, payable to the AGENCY, (Please insert the words "C'ash" "Certified C}�ecl<", or "Bidder's Bond for—_% ", as the case may be) ,All), staticlard Surc�y Rid Bond fornll is acceptable. Bidder shall signify receipt of all Addenda here, i'f.'any: it ddculda No. Date Received _ -- Bidder", Sigrta(ure _ C;-2 S.ECTION C PROJECH31 D SCHEDULE A J.).ROJECT NAME, CC-1543 OPERETTA DIZ.11ME PETITION 113,11) ITEMS t es C.I!l r) Iola ill it lilt �O n �)s M x ell I Mobilization 1 LS 2 Install Type 111 C3-P(3-64-1 0 Asphalt Concroto Overlay 2" thick (0. 1 T) 650 TN $ 14u, o6 3 Adjust Sewer Manhole to grade 115 FA $ 4 Adjust Sower Lateral CleanOUL Manhole to grade 24 EA $,900-_ $-7 Furnish and Replace Existing Water Valve Cover and adjust to 3 $ grade EA it 6 Replace City provided Water Meter Hox Frame and Cover with City furnished box to ' 37 $ and cover and cIfaue ' EA 7 Cold Mill L'xisting AC to a depth of 2" (0.17') Rorflovo and Reconstruct Curb and Gutter per I i B Sid, Plan 20,200 SF CI qq4.- 02 (Itern includes lot drain, Slot Pavement, 6 Aggregate Base, residential driveway curb and gutter, and paint addregs,) Pull out all roots within proposed improvements 2,300 LF $ $ 114 COCO Remove ,.arid Reconstruct Sidewalk p(.,r lib Std. Plan 207. (VV=4') Pull out all roots within proposed irnprovernents 8,000 SF T—)O �s Remove and Reconstruct Residential Driveway Approach Per 10 HH Std. 111�m 209, ("W" Per Plan) (Itorn includes any Onsite, Blending; does not include curb and gutter) PUII Out ,all roots 4,370 within proposc)(I mprovcmc.,ntq Plant new 24 Gallon flodocarpus Macrophyllus Tree with Root Ranier per HF3 Sid. Fllwis 714, 716 & _/8 including Arbor - I I Gard or ,approved equal at base, InGlUdOS excavating 4' by 4' by 4' ho1c, contered at new trod location and roplaco with Class A top soil, 36 EA Clear and Grub existing landscape, including tree roots 24" 12 below grade, replace with Class A top soil, and instal[ dwarf fescue sod for each ,address lot. (address lot includes shard frontage both frontages for lots.) 34 $ Ii parkway and parkway corner FA Remove and Replace existing irrigation sy-;torn for each 13 parkway per address lot, (address lot includes shared parkway frontage both frontages 19 $ $ A it and parkway for corner lots-) 2 EA FA $ 0';1000 - tO 000 14 _----- - - ---- lnstoll New Curb Access RZiFTIP par Caltrans, Std. Plan A88A $ 15 .. ....... ....... Ifl,sfall truncated domes to ox[stiny Access Ramp per Caltraris Std PlanA88A 2 I En Remove: and replacc, street sign and post per I ll3 Std. Plan 3 EA S 1440.- C-2.1 SECTION C PR()JD(�[l0U) SC'1ly%DU[.D z\ yR0JEC"TM&M.K`CC'{,543 0lE,IZlC[C&DMT1ZEJ,y�,1Dl%0N Toti it cost 18 Install 3/4" PVC Pipe Stem., for futuro irrigation 180 $ 1A, LR UD 19 14 Day Plant Establishment for sod 1 22 Prepare Storm Water Pollution Pmventiori Plan (SMIPP) L.8 TOTALBID AMOUNT (BASIS OFAWARD) — SCHEDULE A --.... ..... ...... '------------'---'------- ---- TOT/A- 1:311) AMOUNT IN WORDS: N ode., Refer to 3ouUon 0, yWeuauno ond Payment for description of each |iem on Bid Schedule.' All extensions of unit prices will bK' nubjeothovndfioodon by Owner, In case verification is required between the, unit price and the edenoioo. the unit price will govern. The Owner reserves the right to reject any or all propoau|a and bid iterns. (Delete- this oobu in red for non'traMiooiyna| projects) The City will provide the traffic signal oquipmnnt, as listed in the po(000hedu|ex. (also includes anchor bolts) Lothe contractor. The oontrunbr is to Pick up Uno mnteja|s.with its own labor, at the City Yard, 17371 Gothard Street. Cnn�a:t George Ruff two working days in advance for pick up at (714) 538'5530. l,fS'I' 01{' SIJI3CON'.I'13A-CTO-I. S In accordance with Governrucnt 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 s',iid contract: in an arnoLlnt in excess of one -halt' of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such suhcontractor. Bid Nrme an(l A-ddravy Of State Class DIR Dollar Yo (? ItL'171-�1� Yuhcom actor License Minter Amount Contract N[rP7 bm- 3� s ma�nA614 ad) �%mn� - ) q 4buuo - - cPr- �- i o GI GO Pl.wri g4ce ,�,ti kcp la kA \tiv G_ o�oot�--- By submission of this proposal, the Bidder certifies: 1, "That he is able to and will perCourn the baNnac of Al work which is not covered in the above subcontractors listing. 2. That the A.GF?NCY will be furnished copies oF Al suhcon mum cntercd into and bends furnished by subcontractor for this project. (A TAS'F OF SUBCONI'RAC.TORS In accordance with Government Code Section 4104, the Bidder shall Set forth the name and business address of each subcontractor who will perforin work of render service to the bidder oil said contract in an amount in excess o.f.' One-half.' of One percent of the total bid or $10,000, whichever is greater, and the portion of tlic work to be done by such subcontractor. IMI Ite'111() Name an(IA(Oress of Subeolaraclor• State License Number Class DR? Numbel• Dollar- A niount % of � Contraet � OW i� i I By submission or this proposal, the; Bidder certifies: 1, That he is able to and will perform the balance o.f:' aLl work which is riot covered in the above, ubcontractors Iistilil;. 2, That the AG.b"NCY will he iurnishcd copies of all subcontracts entered into and bonds fl.irnished by subcontractor for this project. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in ati amount in excess of one -hall' of one percent of the total bid or $ 10,000, Whichever is greater, and the portion of the work to be done by such subcontractor. -Bid ReIII(s) -.--..... - ... ..__....... ...----- -----..__.."-- - N(lJ9YL' ltPElllid(%f'6,5',S o� �..ubeontractor --- ._._—..-.._......_.__-.... Sl(ilG License Number Class -- _- _ lilyR Nl1mbei- i`)OZICI!' Amount ---- °o o% Contract i if f I t` i i I I ------ ------- - ....... _..- - f_3y submission of this proposal, the t3idder certifies: 1. "I'hat he is able to and will perform the I)alarfce of aII work which is not covered in the ahovc subcontractors listitig. 2. That the AGE"NCY will be furnished copies of all Subcontracts entered into and bonds furnished by subcontractor for this project. C-3 L,1S't' OI` SUI3CQNTY2�1.Cr1_'0725 In accordance with Govcrnnient Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract: in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid ftem(S) it Name ar?d Achlress n f subcolltrae/01, .Stclte License Number Class` 1)IR N mbel' Dollar Amount °o of Conowet i 1 i i Il I i I I3y sul)mission oC this proposal, the Bidder certifies: l . that he is able to and wi.li perfforiri the balance of all work which is not covered in the above SUbcontractors listing. 2. 'That the AGl-?NCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 '1'0 BE IX I U'ITID BY 13TI)I)E Z AND sm3mxr'.h.EZ) wr di.. I3m) l declare under penalty of perjury under the k"m of Be We of California that the forepoing, is due and Correct and that this deelaration is eXCCUted on 0-Va/201-I , at � Santa Fe Springs , CA City Slcrle Lucas J. Walker being Hot duly sworn, deposes and says that lie or she is Vice President / Regional Manager off Griffith Company _ the party mining (he Foregoing bid that the hid is not made in the interest oQ or on Be behalf of, any undisclosed person, partnership, colT party, amciation, organization, or corporation; that the bid is genuine and not collusive or shorn; that Be 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 share bid, or that anyone shall rebain Mani hidding; that bebidder has not in any manner, directly or indirectly, sought: by agrecnicnt, corrurlunieation, or eorifercrice �vitli anyone to f7x. the bid price or that or tiny oCli(.:. bidder, or to secure t.u7y advantage against the public body awarding the owitract o: anyone intmstud in the proposed eontl'i.iet; thiit all statements contained in the bid are tme; and, f. irther, that Oic hidde:r his not, direct!), or indirectly, subiiiitted his or her bid {trice or any breakdown tlicrcof, or the contents thereof', or divulged information or data relative thereto, or paid, and N.vill nm( p_iy fee to any Corporation, partnership, Company association, organization, bid depository, or to any member or agent thereof to ui-Fccluate a collusive or shani bid. Griffi yompariy Nanle�if'l3i.cdtdc;i- / " Lucas J. Walker. �� n$t�P]'C O f);3lddCr Vice President / Regional Manager U—field Ave, Santa Fe Springs, Ca. 90670 of 13idder -- C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Los Angeles On March 27, 2017 before me, Tracey A. Novak, Notary Public Date Here Insert Name and Title of the Officer personally appeared Lucas J Walker Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 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 r,021. TRACEYA.NOVAK Notary Public - California Z a Los Angeles County > Commission # 2185107 My Comm. Expires Mar 27. 2021 Place Notary Seal Above 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 OPTIONAL Inature—of Notary Public Though the section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Noncollusion Affidavit ......City of Huntington Beach Bid Doc Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Lucas J Walker Signer's Name: X�corporate Officer -- Title(s). vice President/Regional Manager nCorporate Officer -- Title(s): Individual Individual Partner --- R Limited Q General Partner --- ❑ Limited ❑ General Attorney in Fact Attorney in Fact Top of thumb here Trustee Trustee Guardian or Conservator Guardian or Conservator Other: Other: Signer is Representing: Signer is Representing: Griffith Company thumb here © 2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) • Item #5907 V.l`ILITY AGREEMEN'.I' HONORABLE MAYOR AND CITY COUNCIL Ct'I'Y Oh' I IU�NTING'I'UN 131,AClT, CMAT'O.RNIA Gcrrt(cmcrl: The undersigned hereby promises and agrees that in the performance o'f the %vork specified in the eontraet, known as the OPERK T L'A DRIVE .RI HABILYI'A"I'ION, (1)(we)(it) will employ and utilize only quali=tied persons, as hereinafter ddined, to work in proximity to any clectrical secondary or transmission Facilities. '['lie term "Qualified Person" is deCncd in Me; 8, California Administrative Code, Section 2700, as follows: "Qualified .Person, A pamon who, h)i reason of'experience car h7so-i(clion, is fivnilica, Ivith the vj)eralio;r'r In he perfbrwed and the hazmyh invobed. The Undorsigned also promised and agrees that all such mwk shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California- Cal -OSHA requirements. TTIe undersigned further promises and agrees that. the pmVishms herein shall he and We hire. Q" upon any sr bcontractor or subcontractors that may be retained or employed by the undersii;!rcd, and that: the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors wit'll On; requirements contained herein. Date: 03/31 /2017 05 Griffit� CoI'ItI,a• ,tor Iker Vie resident / Regional Manager DISQUA_LIhi.CATION QUEs,rfONNA;_RE In accordance with Government Code Section 101.62, the Bidder shall complete, under penalty of perjury, the following- questioru-raii•e. Q E'SlJONNE IRE, 1-his 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 hederal, ;State or local government project because oC a violation of law or a safety regulation? ❑ Yes X No if the answer is yes, explain the circumstances in the space providcd Note: This questionnaire constitutes a part of the Proposal, amd it signature portion of the Proposal Shall constitute signature of this questionnaire. COMPEASATION INSURANCE, CERTIFICATE Pursu,int to Section 1861 of the State Labor Code, e,,teh contractor to whom a public, works contract has been awarded s11a11 sif;n the following Cortificate, ( am aware of the provisions of Section 3700 of the Labor Code which require cvery employer to be insured against liability For worker's Compensation or to undertake seL(- insurallee in accordalico vvith the provisions of that code, and [ will comply with Such provisions before commencing the perf i-rii lllce of the work o:P this contract, 1-)ate: 03/31 /2017 C-7 Griffith Cott a a Contvactor Titl Lucas J. Walker resident / Reaional Manaaer BID ON 13,10I)HR, Uertifts that the followin)ZD illfol-Illatioll is true and correct: Griffith Company Bidder Mime 12200 Bloomfield Ave Santa Fe Springs CA 90670 City, State Zip 562 929-1128 lwalk riffithcompawnet Telephone M.inibur Email Address # 88 / Class: A, B, C-8, C12, C27, HAZ State Contractor's License No. and Chiss, 09/24/1929 Original.D,Itc Issued --09V30/20I8-.----.-.—.—,. I.?x.piration D,,tto ,e— It. 'Flio work site was inspected hyS[4-M—LV-&p_ of oL.13- offlice oil W6 201' 47 Thu following arc persons, 11rills, and Corporations having a priticipal interest in this pi`oposal: Thomas L. Foss - COB/CEO -- - ----------- Jamie R. Anqus- President Ryan J. Aukerman - Executive VP Gordon V. Csutak - VP/CFO/SEC. TRES. C-8 The 1,211cicrsigricd is prepared to satisfy the Connell of the City of Huntington 13ettch of its ability, financially or otherwise, to perform the ntraet for the proposed work. and improvements ill acci7r•darrcc with the 171arrs and sp �cificalt' ms sot forth. Griffith omp�y Corn{zany , I c Sigiatuic tr-3idcler /Luq—� J. Walker, Vice President / Regional Manager �f'rinte�ct rae Tyi_rccl Signature ---- i/ Subscr.ibcd and sworn to bcfor•c rric [Iris _ day of 201._ A. ruotanpublic or ot:h officer completing this certificate verifies only the identity of the individual wlio signed 1e cloculneilt to which. this certificate is attached, and riot the truti�r.r,ness, accuracy, or 'didii-y of teat document. State of, -- County of Oil Month, Day, and Year persoimily a,,pperrred ---- - bc;focc rnc, _ __ �—--imert Mime and '1•:rtle o1'Notary Mimc(s) of'Sigircr(s) wim proved to me on the basis of satisfacto y evidence to be the person(s) whose rranre(s) is/are; subscribed to the within instrurnerrt and acknc\)w{edged to me that he/she/they executed the sangc in his/he;r/their authol•iZed capacity(ics), and that by hhr /her/thcir signaturc(s) on the instrumcn-c the person(s), or the entity upon hchRIf OCwhkch the per•son(s) acted, ex.eeuted,the instrumcrrt. I certify mider PI-'NAL; Y Oi� f'L?IZ.TIJEZY under the laws of the State o.f California th"rt the; fe>rci;��ing; ptjragraph is true and correct, W ITN1;SS illy brand and ofllcial seal. Sigrutture Siffnature cf..'Notnry Public NO'J'AKYSL,AL, A130VI C•9 CALIFORNIA JURAT WITH AFFIANT STATEMENT ]See Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Los Angeles TRACEYA.NOVAK Notary Public - California Z Los Angeles County b Commission # 2185107 My Comm. Expires Mar 27.2021 Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 31 st day of March 2017 , by Date Month Year (1) Lucas J Walker, VP/Regional Manager ( and (2) ), Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature Cam" S gnat re of Notary Public Tracey A. Nova , Notary Public OPTIONAL Though this section is optional, completing this information can deter RIGHT THUMBPRINT OF I alteration of the document or fraudulent reattachment of this form to SIGNER .1 an unintended document. Top of thumb here Description of Attached Document Title or Type of Document: Bidder's Information page Document Date: Number of Pages # Signer(s) Other Than Named Above: Top of thumb here 2014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item#5910 Bidder's Project History For the pugmses of this project, the bidder shall provide project history of similar worl<, specifically referencing the construction of {Describe specific work and experience necessary for project For example, "Sanitary sever line installation of at least of Aug of &hwb and greater in public right -of -wad Sanitary server lift stations of similar sire, proicef work Nvithiii public streets, "m tires colitaili'ing high ')Lund wafer and pipeline construction in hir,h _ground water rations with trench depths of 8-feet to the invert." I. Bidders are cncoucaged to submit supplcrrlcntal relevant project history in addition to the projcct;S *listed hercin. Listed below arc the names, address and tclephonc numbers for three public ugencics for which the bidder has performed similar work within the past rive years: l . 'Please see attached list of the past five dears Narnc and Address of Public Agency 2. 8 Name and Telephone No. Muiugur: Contract -Amount L'ype of VJorl<Date Cornpleted Provide additional pro.jcct description to shove sini lar work: Name and Address Of Public Agency Name and Wuphonc No, oP i?rojcct lvlanager: - Contract Amount----- — `Lpc of Work - -- Date Completed Pl'ovidc additional project description to show Similar work: Name and Address of Public Agency Name and Alcphone No. of Project Nlanagcr: Contract Amount jjpe of Work Date Completed Provide additional project description to show similar work: QIO GRIFFITH COMPANY COMPLETED PROJECT LISTING 5 YEARS PROJECT AGENCY CONTRACT AMOUNT Snectrum Center Dr. Offsite Improvements Hathawav-Dinwiddie $ 1,323,362.00 805 A Irvine Center Drive Start Date: Sept. 2015 Irvine, CA 92618 Completion Date: March 2016 Griffith Company Project # 10586 Attn: Dhaval Panchal panchald(a,hdcco.com Phone: 949-954-1071 FedEx LAXR GSE Staging Pavement Federal Express Corp. $ 1,411,413.00 Replacement 3680 Hacks Cross Road, Start Date: August 2015 Building H, 3rd Floor Completion Date: Oct 2016 Memphis, TN 38128 darren.greenburgCo),,fedex.com Griffith Company Project # 10583 Attn: Darren Greenburg Phone: 901-434-8753 Downtown Streetscape & Infrastructure City of Artesia $ 553,152.80 Improvements - Phase II 18747 Clarkdale Avenue Start Date: December 2015 Artesia, CA 90701 Completion Date: Feb 2016 Griffith Company Project # 10581 Attn: Chuck Burnheart Phone: 562-865-6262 Palm Spring Airport, Runway 13R-13L City of Palm Springs $ 10,174,889.52 Rehab IFB 15-14 3200 E Tahquitz Canyon Way Start Date: May 2015 Palm Springs, CA 92262 Completion Date: September 2015 Griffith Company Project # 20009 Attn: Brian Sweet, PE AECOM brian.sweet(a)aecom.com Phone: 206-438-2067 Grand Avenue Resurfacing & Widening County of Riverside, Trans. Dept. $ 4,523,019.02 Project No. C4-0074 3525 14th Street Start Date: June 2015 Riverside, CA 92501 Completion Date: Nov. 2015 Griffith Company Project # 20008 Attn: Joel Jimenez, Senior Civil Eng. Phone: 951-955-1537 LAX -RTR Jack & Bore Morrow -Meadows Corporation $ 425,025.00 231 Benton Court Start Date: June 2015 City of Industry, CA 91789 Completion Date: September 2015 Griffith Company Project # 10576 Attn: Max Seagal Phone: 909-598-7700 Downtown Streetscape & Infrastructure City of Artesia $ 2,211,641.71 Improvements - Phase 1 18747 Clarkdale Avenue Start Date: August 2015 Artesia, CA 90701 Completion Date: March 2016 Griffith Company Project # 10575 Attn: Chuck Burnheart Phone: 562-865-6262 LAX RTR Relocation Skanska/O'Neil JV $ 996,073.00 6033 West Centry Blvd., Suite 670 Start Date: April 2015 Los Angeles, CA 90045 Completion Date: January 2016 Griffith Company Project # 10574 Attn: Raj. Turin, PM Phone: 213-440-4585 Van Nuys & Saticoy Charles Pankow Builders $ 1,558,514.55 San Fernando Valley Family Support Center 199 S Los Robles Ave., Suite 300 Start Date: June 2015 Job Number 13-PO30 Pasadena, CA. 91101 Completion Date: Nov. 2015 Griffith Company Project # 10572 Attn: Jack Mollenkopf, Proj. Exc. Phone: 626-304-1190 Page 1 of 11 State HWY 118 Widening Contract No. MPK-15-01 Griffith Company Project # 10569 r Firestone/Atlantic Street Improvements Contract # 364-ST Griffith Company Project # 10563 Runway 6L-24R Safety Area and Rehab Project @ LAX Cont. No. DA-4974 Griffith Company Project # 10562 World Way South & Center Way Intersection Improvements Cont # DA-4879 Griffith Company Project # 10559 Qantas Enabling Project Griffith Company Project # 10558. City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: David Klotzle Phone: 213-896-0027 City of Southgate 8650 California Avenue South Gate, CA 90268 Attn: Hany Henein Phone: 323-563-9581 $ 1,147, 830.86 Start Date: Sept. 2015 Completion Date: Oct 2016 dklotzle(a7morrparkca. qov $ 2, 019, 364.06 Start Date: March 2015 Completion Date: Nov. 2015 hhenein@sogate.org City of Los Angeles $ 25,245,000.00 7301 World Way West, 10th Floor Start Date: May 2015 Los Angeles, CA 90045 Completion Date: December 2015 Attn: Denny Ly JV with Coffman Phone: 424-646-5868 Myers/Banicki Joint Venture 4600 Northgate Blvd., Suite 100 Sacramento, CA 95834 Attn: Micaiah Revero Phone: 424-227-3277 Bascon Inc. 607-550 Redna Terrace Cincinnati, Ohio Attn: Kim Smith Phone: 513-515-6266 $ 402,837.00 Start Date: Feb 2015 Completion Date: Nov. 2015 mreveroRmyers-sons.com $ 3,065,413.95 Start Date: Dec. 2014 Completion Date: July 2016 Tract 17057 & Tract 17527 Street & Traffic Chino Development Corp. $ 2,000,503.48 Improvements Facilities District # 20003-3 C/O Albert A Webb Associates Start Date: Dec. 2014 The Perserve, Chino, CA 3788 McCray Street Completion Date: Nov 2015 Griffith Company Project # 20007 Riverside, CA 92506 Attn: Mr. Phil Lemonine, CM 951-686-1070 Cactus Avenue Widening Improvement Project # 801-0031-70-77 Griffith Company Project # 20006 Runway 25L Safety Area Improvements Project # DA-4948 Griffith Company Project # 10556 Pier E CTB MOB & PCMS Spec # HD-S2384A Griffith Company Project # 10555 City of Moreno Valley PO Box 88005 Moreno Valley, CA 92552-0805 Attn: Geroge Harvilla, PM Phone: 951-413-3100 Los Angeles World Airports 1 World Way Los Angeles, CA 90009-2219 Attn: Matt Patterson Phone: 424-646-5865 WE O'Neil 909 N Sepulveda Vlvd., Suite 400 El Segundo, CA 90245 Attn: Steven Taylor Phone: 310-634-7900 $ 1,990,169.26 Start Date: March 2015 Completion Date: August 2016 $ 14,339,878.81 Start Date: Aug 2015 Completion Date: Nov. 201 $ 135,121.00 Start Date: November 2014 Completion Date: Dec. 2014 Page 2 of 11 Monrovia Station Square Off -Site Imprve. City of Monrovia $ 9,721,298.03 Project # C-3068 600 S Mountain Avenue Start Date: Oct. 2014 Monrovia, CA 91016 Completion Date: Feb 2016 Griffith Company Project # 10553. Attn: Juan Cervantes icervantes(p�ci.monrovia.ca.Lis Phone: 626-256-8299 Taxiway E & F Rehabilitation -Phase II City of Long Beach $ 2,570,357.49 Spec. R-6957 333 West Ocean Blvd. Start Date: Feb. 2015 Long Beach, CA 90802 Completion Date: Oct. 2015 Griffith Company Project # 10550 Attn: Mark Whitaker Phone: 562-570-6468 FED EX Taxilane Ramp Gates FED EX Corp $ 2,842,639.97 Project #8641929, C/F #22883 2601 Main St., 11 th Floor Start Date: Sept. 2014 Irvine, CA 92614 Completion Date: April 2016 Griffith Company Project # 20004 Attn: Jon Malan, Sr. Project Mgr. Phone: 949-399-4486 Ramona Express Way Widening Phase II City of San Jacinto $ 4,050,032.97 Cont No. 166 E. Main St., Suite 2 Start Date: August 2014 San Jacinto, CA 92583 Completion Date: Feb. 2015 Griffith Company Project # 20003 Attn: Habib Motlagh, City Engineer Phone: 951-654-3592 Broadway Improvements City of Carson $ 1,289,930.19 701 E Carson Street Start Date: Jan. 2015 Carson, CA 90749 Completion Date: March 2015 Griffith Company Project # 10541. Attn: Rick Boutros Phone: 310-835-5749 Pacific City Retail C.W. Driver $ 4,498,571.00 Project # 130027 15615 Alton Parkway, Suite 150 Start Date: December 2014 21022 Pacific Coast Hwy. Huntington Beach Irvine, CA 92618 Completion Date: January 2016 Griffith Company Project # 11607 Attn: David Edwards Phone 949-261-5100 Westfield Offsite Improvements @ Westfield, LLC $ 5,228,897.60 Village at Topanga 2049 Century Park East, 41st Floor Start Date: Sept. 2014 Contract # CON_0025 Century City, CA 90067 Completion Date: Dec. 2015 Griffith Company Project # 10540. Attn: Corey Carr Phone: 818-313-2205 Moorpark Street Widening City of Los Angeles $ 1,393,330.25 Woodman Ave to Murrietta 200,N Spring Street RM 355 Start Date: Jan. 2015 WE# E1906435 Los Angeles, CA 90012 Completion Date: Oct. 2016 Griffith Company Project # 10538. Attn: Peter Blikian peter. blikian(a)Iacity.org Phone 213-485-4671 Irvine Center Drive Rehabilitation City of Irvine $ 1,182,092.50 Culver to Harvard 1 Civic Center Plaza Start Date: June 2014 CIP No.311414 & 351401 Bid No. 14-1001 Irvine, CA 92606 Completion Date: August 2014 Griffith Company Project # 10537. Attn: Uyenl Bui Phone 949-724-6000 Page 3 of 11 Collett Avenue Extention County of Riverside $ 2,316,323.26 Buchanan Street to Pierce Street 3900 Main Street Start Date: April 2014 Bid No. 7190 Riverside, CA 92522 Completion Date: Oct. 2014 Griffith Company Project # 20001. Attn: Steve Howard Phone 951-712-3904 Universal City Pedestrian Bridge Los Angeles County, MTA $ 21,425,000.00 Contract # C1043 One Gateway Plaza Start Date: June 2014 Los Angeles, CA 90012-2952 Completion Date: April 2016 Griffith Company Project # 70061. Attn: Brad Owen bowen (a, metro. net Phone: 213-922-7158 San Jose Ave. Widening @ Charlie Road City of Industry -c/o CNC Engineering $ 463,300.24 Project No 418 255 N Hacienda Blvd., Suite 222 Start Date: February 2014 Contract No. City-1418 City of Industry, CA 91744 Completion Date: June 2014 Griffith Company Project # 10525.10 Attn: Gerardo Perez Phone 626-333-0336 8L-26R Runway Safety Area Project Ontario International Airport File # DA-4872 Griffith Company Project # 10524.10 Slover Avenue Phase 1 WO# HB0020 Griffith Company Project # 10522.10 Sweetzer Avenue Street Widening Project # CIP 1401 Griffith Company Project # 10519.10 Alumium Property - Container Facility Cont. # BF10004993 Griffith Company Project # 10518.10 Silver Fire, Route 243 Postmile 18.0/28.3 Caltrans No. 08-1 E540 Griffith Company Project # 10515.10 Panda Liberty Project Contract # 1301253-0009-3419 Griffith Company Project # 70059.70 Los Angeles World Airports $ 2,821,245.51 7301 World Way West, 8th Floor Start Date: April 2014 Los Angeles, CA 90045 Completion Date: Sept. 2014 Attn: Mark Vicelja mvicelja6a lawa.org Phone: 424-646-5871 County Of San Bernardino 825 E Third Street Room 147 San Bernardino, CA 92415-0835 Attn: Nidham AlRayes, PE Phone: 909-387-1831 City of West Hollywood 8300 Santa Monica Boulevard West Hollywood, CA 90069-6216 Attn: Garrett Salma Phone 213-364-1069 BNSF 3770 East 26th Street, 1 st Floor Vernon, CA 90058 Attn: David Miller Phone 909-386-4058 Caltrans 1727 30th Street Sacramento, CA 95816 Attm Michael Chen, RE Phone 951-830-6017 Gemma Power Systems 2461 Main Street Glastonbury, CT 06033 Attn: Trish Kohler Phone 860-659-0509 $ 1, 939, 752.04 Start Date: January 2014 Completion Date: May 2014 $ 394,495.61 Start Date: Nov. 2013 Completion Date: Oct. 2014 $ 2,001,931.57 Start Date: Dec. 2013 Completion Date: May 2014 $ 730,212.61 Start Date: August 2013 Completion Date: November 2013 $ 4,268,282.00 Start Date: Sept. 2013 Completion Date: May 2014 Page 4 of 11 Coastal Dunes Project Contract No. DA-4836 Griffith Company Project # 10512.10 Gilman Springs Road Improvements Project No. C2-0140 & CO-0531 Fed. Aid No. HSIPL-5956(204) Griffith Company Project # 10510.10 Newport Road Widening Project No. CIP #01-13 Griffith Company Project # 10507.10 Auto Center Drive - Grade Separation Project # 04-0106 Federal Project No. PNRSL-5104(033) Griffith Company Project # 10499. Wilshire Bus Rapid Transit WO# E1907532 & E1907525 Contract No. C-122686 Griffith Company Project # 10497.10 Pier G- Berths G230-G236 Contract # HD-S2243 Griffith Company Project # 10496.10 Silver Lake Reservoir Complex Storage Replacement Project # 31140.00 Griffith Company Project # 11495.11 Metro Foothill Extension Phase 2A Contract No. 1135 Griffith Company Project # 11489.11 Nogales Grade Separation ACE Contract # 12-05 Griffith Company Project # 10486.10 Los Angeles World Airports $ 1,089,958.74 7301 World Way West, 8th Floor Start Date: Nov. 2014 Los Angeles, CA 90045 Completion Date: May 2014 Attn: Mark Vicelja MVicelja(5)lawa.org Phone 424-646-5871 County of Riverside 4080 Lemon Street Riverside, CA 92501 Attn: Gabriel Munoz Phone 951-955-6885 City of Menifee 29714 Haun Road Ave. Menifee, CA. 92586 Attn: Bill Gallegos Phone: 909-376-5601 City of Corona 400 S Vicentia Avenue #210 Corona, CA 92882 Attn: Faisal Zahlout, P.E. Phone 562-665-8143 City of Los Angeles 200 N Spring Street RM 355 Los Angeles, CA 90012 Attn: Vahik Vartanians Phone: 213-485-4652 Port of Long Beach 925 Harbor Plaza Long Beach, CA 90802 Attn: Darrin Lambrigger Phone: 562-283-7200 Webcor, obayashi, Lyles, a JV 6001 W Forest Lawn Los Angeles, CA 90068 Attn: Steve McFadden Phone: 213-239-6460 Foothill Transit Constructors 10704 Shoemaker Avenue Santa Fe Springs, CA 90670 Attn: Steve McFadden Phone: 562-946-1816 ACE Construction Authority 4900 Rivergrade Road, Suite A120 Irwindale, CA 91706 Attn: Charles Tsang Phone 626-962-9292 $ 4,900,878.00 Start Date: Sept. 2013 Completion Date: December 2013 gmunoz(@rctlma.orq $ 3, 722, 832.00 Start Date: August 2013 Completion Date: March 2015 wgallegos ,dudek.com $ 21, 886, 246.79 Start Date: July 2013 Completion Date: Dec. 2015 fzahlout(c)syrusaengineering.com $ 11, 858,160.00 Start Date: Oct. 2013 Completion Date: Jan. 2015 peter. bilkian(c)[acity.org $ 11, 666,176.09 Start Date: May 2013 Completion Date: June 2014 darrin.lambrigger(cD,polb.com $ 1,096,172.93 Start Date: April 2015 Completion Date: Nov. 2015 $ 2,940,537.41 Start Date: Feb 2013 Completion Date: July 2015 $ 47,365,888.00 Start Date: May 2013 Completion Date: Nov 2016 ctsanq(c),theaceproiect.org Page 5of11 Moulton Parkway Widening Orange County, DPW $ 9,489,706.65 W.O. ER09004 1152 East Fruit Street Start Date: Feb 2012 Santa Ana, CA 92701 Completion Date: June 2014 Griffith Company Project # 10484.10 Attn: George Zaun george.zaun o)-ocpw.ocgov.com Phone 714-245-4508 Streeter Avenue Underpass @ City of Riverside $ 16,485,716.00 Union Pacific Railroad 3900 Main Street Start Date: November 2012 Bid No. 7094 Riverside, CA 92522 Completion Date: March 2015 Griffith Company Project # 10482.10 Attn: Mike Wolf Phone 951-826-5341 Pier G- Berths G23-G236 Terminal Site Devel. Port of Long Beach $ 13,037,793.86 Contract # HD-S2230 925 Harbor Plaza Start Date: October 2012 Long Beach, CA 90802 Completion Date: April 2014 Griffith Company Project # 10481.10 Attn: Darrin Lambrigger darrin.lam brigger&polb.com Phone 562-283-7200 BNSF LA Triple Track, BNSF Railway Company $ 2,363,344.37 Rosemead to La Mirada 720 South B Street Start Date: June 2012 Contract # BF10003009 Stockton, CA 95206 Completion Date: June 2013 Griffith Company Project # 10469.10 Attn: John Fleming iohn.fleming cCr BNSF.com Phone Gateway and Streetscapes City of Beverly Hills $ 645,808.81 Wilshire Blvd. to Whittier Drive 345 Foothill Road Start Date: Aug. 2012 Griffith Company Project # 10468.10 Beverly Hills, CA 90210 Completion Date: Feb 2013 Attn: Tristan D Malabanan, P.E. Phone 310-285-2512 Exposition Corridor Light Rail Exposition Metro Line CA $ 552,020.00 Phase 1 Street Improvements 707 Wilshire Blvd. 34th Floor Start Date: June 2012 Contract # XP8901-848 Los Angeles, CA 90017 Completion Date: Jan. 2013 Griffith Company Project # 10463.10 Attn: Dave Walker Dwalker(a7exporail.net Phone Valley View Ave. Grade Separation City of Santa Fe Springs $ 27,539,272.20 Contract # 75A0229 11710 Telegraph Rd. Start Date: Aug. 2012 Griffith Company Project # 70054.70 Santa Fe Springs, CA 90670 Completion Date: Oct 2015 Attn: Noe Negrete, P.E. noenegreteansantafesprings.orq 562-868-0511 Route 110 Joint Assemblies Truesdell Corporation $ 194,583.00 Caltrans Project # 07-260504 1310 W. 23rd Street Start Date: Oct 2012 Griffith Company Project # 70053.70 Tempe, AZ 83282-1837 Completion Date: Jan 2013 Contact: Dan Keller, PM icastillo( '?truesdellcorp.com Phone:602-319-5898 1-15-from 7th to Sierra Caltrans $ 77,335,000.00 Caltrans Project # 08-472224 4295 E Jurupa Street Start Date: April 2012 Griffith Company Project # 10462.10 Ontario, CA 91761 Completion Date: July 2013 Attn: Fereydoon Alipanah Phone 909-289-2020 Page 6 of 11 Pepper Avenue Extension City of Rialto $ 8,003,739.82 Contract # 000893-00 150 S Palm Avenue Start Date: July 2012 Griffith Company Project # 10457.10 Rialto, CA 92376 Completion Date: December 2014 Attn: John Wheatly Phone: 909-421-4999 Hamner Avenue Widening Project City of Norco $ 6,230,549.59 2870 Clark Avenue Start Date: June 2012 Griffith Company Project # 10456.10 Norco, CA Completion Date: June 2013 Attn: Lori Askew laskew(d-)ci.norco.ca.us Phone: 951-270-5678 $ 4,133, 320.00 Mount Lee Washout Emergency Repair City of Los Angeles $ 493,533.02 Contract # C-114793 200 N. Spring St. Start Date: March 2012 Griffith Company Project # 70052.70 Los Angeles, CA 90012 Completion Date: April 2012 Contact: Gene Edwards, PM gene. edwards(a).lacity org Phone: 213-847-0463 Route 5 - 13 miles north of Castaic Caltrans $ 86,592,381.00 Caltrans Project # 07-252804 1727 30th Street Start Date: March 2012 Griffith Company Project # 10452.10 Sacramento, CA 95816 Completion Date: Nov 2014 Attn: Mustafa Hussain, P.E. mustafa hussain D_dot.ca.gov Phone 661-257-0273 Interstate 15 @ Clinton Keith Road County of Riverside $ 14,046,174.61 Porject # A2-0264 4080 Lemon Street Start Date: April 2012 Griffith Company Project # 10451.10 Riverside, CA 92501 Completion Date: Aug 2013 Attn: Sean Ronhani $ 13,518,810.00 Phone: 951-955-6800 Sean Rouhani(a7Hilllntl.corn San Bernardino 10 Rancho Cucamonga Caltrans-District 8 $ 270,272.00 Contract # OR9304 464 W. 4th Street, Start Date: February 2012 Griffith Company Project # 70051.70 San Bernardino, CA 92401. Completion Date: April 2012 (909) 383-6417 (Office) Contact: Chee Ong chee ongpdot.ca.gov Vincent Thomas Bridge Emergency Caltrans $ 10,218,235.61 Repair Project 1727 30th Street Start Date: January 2012 Contract # 3X6704 Sacramento, CA 95816 Completion Date: May 2013 Griffith Company Project # 70049.70 Contact:Joan Crews Joan crews(o-)dot.ca.gov Phone: 213-620-4852 $ 10,750,000.00 CPV Sentinel Energy Project Gemma Power Systems Ca., Inc. $ 9,852,933.39 Contract # 1101253-0017-3419 2461 Main Street Start Date: October 2011 Griffith Company Project # 70048.70 Glastonbury, CT 06033 Completion Date: Dec 2012 Contact: Trish Kohler trishkohler(a gemmapower.com Phone: 860-659-0509 Access Bridge Over Brown's Gulch at LACDPW $ 2,099,930.51 San Gabriel Dam 900 S. Fremont Ave. Start Date: May 2012 Project ID# FCC0001086 Alhambra, CA 91803 Completion Date: April 2013 Griffith Company Project # 70047.70 Contact: Tim Bazinet, PM TBAZINET cDdpw.lacounty.gov Phone: 626-458-2185 Page 7 of 11 Magnolia Boulevard City of Los Angeles WO# E1906349 1149 S Broadway, Suite 810 Griffith Company Project # 10445.10 Los Angeles, CA 90015 Attn: Peter Bilkian, SEA Phone: 213-485-4503 Rancho Santiago Community College Dynalectric Transportation Rancho Santiago CCD Humanities Building 4462 Corporate Center Dr. SCC Signalization Project # 311008 Los Alamitos, CA. 90720 Griffith Company Project # 10444.11 Attn: Richard Shackleton Phone: 714-236-2280 SBX E Street Construction Project Omnitrans Cont. # IPM011-5 1700 West Fifith Street Griffith Company Project # 10443.10 San Bernardino, CA 92411 Attn: Andres Ramirez Phone 909-963-5235 Artesia Downtown Revitalization City of Artesia Cont # PC 2010-1253 18474 Clarkdale Avenue Griffith Company Project # 10442.10 Artesia, CA 90701 Completed early due to Loss of Funding Attn: Carlos A Alba, PE, PLS Phone: 949-766-2686 Taxilane A@ Rehabilitation Phase II @ Van Nuys Airport Griffith Company Project # 10436.10 Peyton Drive Widening Cont # 800129 Griffith Company Project # 10434.10 Indian Canyon Drive Widening City Project # 01-25 Griffith Company Project # 10433.10 Anaheim Street Spec. # HD-2350 Contract # HD-7760 Griffith Company Project # 10426.10 Jurupa Avenue Extension Bid No. 6946 Griffith Company Project #10422.10 $ 2,209,371.42 Start Date: January 2013 Completion Date: Dec. 2013 peter. bilkian()lacity.orq $ 496,073.82 Start Date: Oct 2011 Completion Date: July 2012 Original Contract amount $ 300,237.50 $ 79,600,694.53 Start Date: Nov. 2011 Completion Date: March 2014 Andres. Ramirez(a-omnitrans.orq $ 766,451.16 Start Date: April 2012 Completion Date: August 2012 Los Angeles World Airports $ 2,059,694.70 7301 World Way West, 3rd Floor Start Date: Nov. 2011 Los Angeles, CA 90045 Completion Date: July 2012 Attn: Eduardo Porto eporto(d)lawa.org Phone 424-646-5866 City of Chino Hills 1400 City Center Drive Chino Hills, CA 91709 Attn: Joe Dyer Phone 909-364-2771 City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92662 Attn: Jeff Burdick, PE Phone: 760-323-8253 Port of Long Beach 925 Harbor Plaza Long Beach, CA 90802 Attn: Ramanjit Brar Phone 562-283-7000 City of Riverside 3900 Main Street Riverside, CA 92522 Attn: Danny Cwiak, PE Phone 951-538-3037 $ 1,678,139.17 Start Date: August 2011 Completion Date: Feb 2012 Ldyer(a.chinohills. org $ - 2,865,821.50 Start Date: Sept 2011 Completion Date: March 2012 Completed contract amount: $ 3,258,525.50 $ 1,018,610.07 Start Date: June 2011 Completion Date: Dec. 2011 $ 4,973,400.02 Start Date: July 2011 Completion Date: June 2012 Page 8 of 11 Newport Beach Civic Center & Park Project # 10012 WO# 10012-SUB-02525S Griffith Company Project # 11419.11 American Eagle Repair/UpGrade LAX Job # CS3 Griffith Company Project # 10415.10 Route 101-in Calabasa, Agoura Hills & Westlake Village-Caltrans 07-252104 Griffith Company Project # 10412.10 C.W. Driver 15615 Alton Parkway, Suite 150 Irvine, CA 92618 Attn: David Edwards Phone 949-261-5100 CSA/Stanhope, A Joint Venture 6826 Rosecrans Avenue Paramount, CA 90723 Attn: William Chisholm Phone 562-602-0482 Caltrans 1727 30th Street Sacramento, CA 95816 Attn: Joe Tehrani Phone 805-375-9247 East Bridge Replacement Saddleback College So Orange County Community College Bid # 2001 28000 Marguerite Parkway Griffith Company Project # 70046.70 Mission Viejo, CA 92692 Contact: Walt Rice Phone: 949-582-4999 $ 2,514,241.00 Start Date: Sept 2011 Completion Date: May 2013 Completed contract amount: $ 3,071,822.00 $ 1,609, 926.57 Start Date: Jan. 2011 Completion Date: April 2011 $ 14, 322, 965.71 Start Date: March 2011 Completion Date: Sept 2011 $ 511,101.63 Start Date: August 2011 Completion Date: Dec. 2011 wrice(c-)socccd.edu 26th Street Overpass at Hobart Yard BNSF $ 7,290,732.98 Contract # BF10001371 740 Carnegie Drive Start Date: July 2011 Griffith Company Project # 70045.70 San Bernardino, CA Completion Date: March 2012 Contact: Miguel Palomino Miguel. Palominoo)BNSF.com Phone: 909-841-0040 Sierra Hwy. Undercrossing to Amargosa Prime: Truesdell Corp. $ 471,828.12 Creek 1310 W. 23rd Street Start Date: Nov. 2011 Caltrans # 07-346704 Tempe, AZ 85282 Completion Date: Jan. 2012 Griffith Company Project # 70042.70 Contact: Nancy L. Mackowiak nmackowiak(o)truesdellcoro.com Phone: 602-437-1711 Tesoro Retaining Wall Repair Caltrans $ 144,819.02 Caltrans # 07-A3063 5360 W. Imperial Highway Start Date: June 2011 Griffith Company Project # 70044.70 Los Angeles, CA 90045 Completion Date: Oct 2011 Contact: Pamela Dennis Pamela dennis(o-)dot.ca.gov Phone: 213-379-5187 7th Street Ramp LACDPW $ 179,628.1E Project ID# RDC0011155 Prime: Sage Associates, Inc. Start Date: June 2011 Griffith Company Project # 70040.70 1301 Dove Street, Suite 820 Completion Date:July 2011 Newport Beach, CA 92660 Contact: Jolene Guerrero juerrero dpw.lacounty.gov Phone: 626-450-4975 East Route 9/North 110 Connector Prime: Truesdell Corp. $ 142,657.37 Caltrans # 07-4Y1404 1310 W. 23rd Street Start Date: May 2012 Griffith Company Project # 70043.70 Tempe, AZ 85282 Completion Date: June 2012 Contact: Nancy L. Mackowiak nmackowiako_truesdellcorp.com Phone: 602-437-1711 Page 9 of 11 1-405 Sepulveda Pass Widening Project Kiewit Infrastructure West Co. $ 2,356,524.85 LACMTA Project # C0882 6060 Center Drive, Suite 200 Start Date: April 2011 Griffith Company Project # 70041.70 Los Angeles, CA 90045 Completion Date: Jan. 2014 Contact: Eric Guttau eric.guttauCa-)kiewit.com Phone: 310-846-2400 Pier G & J Site Preparation Port of Long Beach $ 2,451,234.45 3 SCE Substations @ Pier G 925 Harbor Plaza Start Date: Feb 2011 Container Terminals @ Pier J Long Beach, CA 90802 Completion Date: Sept 2011 Contract # HD 7698 Attn: Darrin Lambrigger darrin.lam brig;ger(a),polb.com Griffith Company Project # 10410.10 Phone 562-283-7200 Metro Subway Station : Los Angeles County, MTA $ 5,383,718.56 Entrance Canopy Proj. No. C0972 One Gateway Plaza Start Date: August 2012 Griffith Company Project #10406.10 Los Angeles, CA 90012-2952 Completion Date: Feb 2013 Attn: Brad Owen bowen(@metro.net Phone 213-922-7158 Garvanza Park Stormwater BMP North East Trees $ 2,532,016.18 Griffith Company Project # 71039.70 570 W. Avenue 26 Suite 200 Start Date: Nov. 2010 Los Angeles, CA 90066 Completion Date: March 2012 Contact: Kathleen McKernin kathleen(d�northeasttrees.orq Phone: 323-441-8634 Morris Dam 1/0 Rehabilitation Project LACDPW $ 9,426,478.66 Project ID # FCC0000496 900 S. Fremont Ave. Start Date:Jan 2011 Griffith Company Project # 70038.70 Alhambra, CA 91803 Completion Date: Sept. 2013 Contact: Don Lewis TBAZINETna.dpw.lacounty.gov Phone: 562-299-4613 Taxiway A2 Rehabilitation PHI and LAWA $ 3,558,383.44 Improvements to Roadway Safety 1 World Way Start Date: Sept. 2010 Area for Roadway 16L/34R @ the Los Angeles, CA 90045 Completion Date:April 2011 Van Nuys Airport Attn: Mark Vicelja MVicelja(a-,lawa.org Griffith Company Project # 10400.10 Phone 424-646-5871 Bradley W. Construction Traffic LAWA $ 1,335,687.16 Mitigations 1 World Way Start Date: Sept. 2010 Contract DA-4478 Los Angeles, CA 90045 Completion Date: Sept 2011 Griffith Company Project # 10398.10 Attn: Mark Vicelja MVicelia(a_lawa.org Phone 424-646-5871 2010/ 2012 Site Improvements Port of Los Angeles $ 15,336,934.87 Spec 2705 425 S. Palos Verdes Street Start Date: Nov. 2010 Griffith Company Project # 10396.10 San Pedro, CA 90733 Completion Date: Nov 2013 Attn: Mark Rose mrose(@portla.org Phone 310-732-3919 $ 15,000,000.00 Laguna Canyon / SR 133 Rd Widening Irvine Comm Dev Com LLC $ 5,554,204.45 Contract #4500029655 550 Newport Center Drive Start Date: June 2010 Griffith Company Project #. 10393.10 Newport Beach, CA 92658-5370 Completion Date: Jan. 2012 Attn: Martin Leon mleon(Dirvinecompany.com Phone 949/720-2000 Page 10 of 11 Bradley West Core Walsh Austin JV $ 13,211,183.29 #209133 929 W. Adams Street Start Date: Aug. 2010 Contract DA 4382 Chicago, IL 60607 Completion Date: Dec. 2013 Griffith Company Project # 10390.10 Attn: Bernie Reico breico@walshgroup.com Phone 619-778-4960 Bradley W. Concourse Walsh Austin JV $ 44,091,374,17 Project # 209050 929 W. Adams Street Start Date: May 2010 Contract # DA 4337A Chicago, IL 60607 Completion Date: Dec 2013 Griffith Job No. 10387.10 Attn: Bernie Reico $ 28,361,006.00 Phone 619-778-4960 breico(a walshgroup.com Slausen Pier 6 & 7 BNSF $ 3,561,866.58 Contract # BF58170 740 Carnegie Drive Start Date: April 2010 Griffith Company Project # 70036.70 San Bernardino, CA Completion Date: March 2012 Contact: John Fleming iohn.fleminq@BNSF.com Phone: 909-386-4472 Solar Panels @ Pac Rim Engineering $ 2,751,847.90 Keyes Motors/Van Nuys. 233 W. Cerritos Ave Start Date: Dec. 2010 Griffith Company Project # 10385.10 Anaheim, CA 92805 Completion Date:Sept 2011 Attn: Peter Liu Phone 949/285-8278 Tom Bradley Interim W. Bus Terminal Walsh Austin JV $ 6,493,600.92 Project #209050 929 W. Adams Street Start Date: Feb 2010 Owner Contract #DA4337A Chicago, IL 60607 Completion Date: July 2012 Griffith Company Project #. 1038 1. 10 Attn: Bernie Reico breico(cD_walshgroup.com Phone 619-778-4960 San Bernardino Avenue City of Fontana $ 4,060,016.46 Street & Drainage Improvements 16489 Orange Way Start Date: Nov 2009 (Commerce Drive to Cherry Ave) Fontana, CA 92335 Completion Date: Nov 2011 SB-03-PW-10 Attn: Keith Kramer kkramer(a-).fontana.org Griffith Company Project # 10376.10 Phone 909-350-6696 Berth #102-Wharf Improvements Port of Los Angeles $ 26,281,548.57 SPEC # 2696 - Contract No. 2266 425 S. Palos Verdes Street Start Date: Dec 2009 Griffith Company Project # 10368.10 San Pedro, CA 90733-0151 Completion Date: May 2011 Attn: Mark Rose mrosep_portla.org Phone 310-732-3919 Rancho Cucamonga Pedestrian Underpass Southern California Regional $ 4,260,309.72 Contract # C3103-09 Rail Authority (SCRRA) Start Date: October 2009 Griffith Company Project # 70034.70 700 S. Flower Street, 26th Floor Comp Date: April 2011 Los Angeles, CA 90012 Contact: Lia McNeil-Kakaris Harry Bridges Blvd Buffer Port of Los Angeles $ 56,533,998.28 Griffith Company Project # 10339.10 425 S. Palos Verdes Street Start Date: Feb 2009 Spec # 2699 San Pedro, CA 90733-0151 Completion Date: Aug 2011 Attn: Scott Gilmour Sgilmour[c@portla.orq Phone 310/732-3522 Cabrillo Way Marina Port of Los Angeles $ 123,327,086.86 Griffith Company Project # 10338.10 425 S. Palos Verdes Street Start Date: Feb 2009 Spec # 2712 San Pedro, CA 90733-0151 Completion Date: Dec 2011 Attn: Mark Rose Joint Venture project Phone 310-732-3919 GC Total $ 70,006,823.65 Page 11 of 11 Bidder's Clinical Staff Listed below are the names of the bidder's proposed CanStRIC6011 Project Manager, and Superintendent. For each of these eritioal positions, please list at Least three projects for which the critical staff has performed similar work. within the last five years. These projects do not have to be, tinder the employment of the bidder of this project. Bidders are encouraged sttbrnit suhplcrnental relevant project history in addition to the projects listed herein. Darrell Waterman Name of proposed ProjectManagcr Telephone No. ol'proposed Protect Manager; 909-204-1283 Streeter Avenue Underpass $ 16,485,716. - Grade Separation Project Name & Contract Amount Ty1)e of Wort. _ 03/2015 Date Completed _Metro Entrance Canopy Project, $ 5,383,718 - Street Work & Canopy Proi.,_,__02/2013 Project Name & Contract Arnount Type of Work llafc Completed Citrus Heights Drive $ 5,739,653 - Street Rehab Project 02/2017 Project Name & Contract Amount Type of Work Date Completed 2, Joe Tuttle Name of proposed Superintendent Telephone No, of'proposad ,Superinterrdent; 562-519-2424 Wilshire Bus Rapid Transit Project $ 11,858,160.00 - Street Work Project 1/2015 frojcot Name & Contract Autount Typo of Work Datu Convicted Bradley West Gates Concourse Project $ 44,091,374. - Mass Grading/Paving 12/2013 1'rojact'Namc & Contract Arno unt "Fypc of Work Late Completed Offsite Improvements_@ Village-9 Tapanga $ 5,223,891 - R & R Paving 12/2015 Project Name & Contract Amount Type of Work hate Completed GII CONTRA 11:012 Ii7YIS`I'RATIONWT'I` l CALIFORNIA DEPAR'I'hYT:I+AT OF INDU5'I RJA]_11.2_Li.AIJON5 (DIR) CER`_YTFIC1 T_F,' Pursuant to S13 854 (citing Labor Code Section 177'1,1(aD, passed by the California State Senate on .lurk 20, 201.4, cstablisilcd a new public works Contractor 1Z.egistraAn Program, which requires all contractors ,and subcontractors bidding and Performing work ora Puh he Works Projects to register on an annual basis (each duly I though .lime 30 state fiscal year) with the California Department o(' Industrial Relations (DIR). Currently the annual non-refundable registratioll fee for Colttractors is $300. contractor to «horn a public works contract has been awarded shall, sign the MHoUng ccrtiMmue. D I R FACT RJ F I' on S13 8.54 http:,'/vvw�w.dir.ca.�;oal])I,S}/I?uhlicVJorks/SE3854C�actShi;et 6.30,14,1)df Dllt's Contractor Registration Link — Call (84/1) 522-6734 httpsa/cf_iliiag.dir.cn,{,o'v1l'WCk/nctionScrvlr.t?act'iorrdisplayl'\�rCRcgistratioral�orill DIR.'s Contralutor Rq.),istration scaachai)le datalhasa: hops://c;filing.dir.ca.{oV�I'h`ti�<;R1Scari;h.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shell not he eluaiified to hid on, he listed in a bid proposal, subject to the rcgliircrncnts of Section 4104 of the NOW Contract Code, or engage iri the per'Annance of any contract for public work, as detincd in this chapter, antes currently registered and qua. Hkd to pert -oral public wool: pursuant to Section 1725.5, rt. is not a violation of this sceNon Or an ullrog'istered Contractor to slibilllt a bid that is aantllorizud by Section '1029.1 of to Business and ProFessions Code or by Section 101.64 or 201.03.5 of the Public Contra.tct Code, i Rivided the contractor is rcgistcrcd to perlllrrn h uldic %vork piu-suault to Section 1.7250 nt the tune the contract is awnMed." 1 wip Comply by proVldhg proof of Iogistratloll with 1)IR. as the primary Contractor, as \vull as for ALL subcontractors at the time of submitting the bid Date: 03/31 /2017 DIIZ IF: 1000005611 M2 Griffith/Cori Cori tXwtor Lucas J. Walker e President / Regional Manager CORPORATE OFFICE 3050 E. Birch Street Brea, CA 92821 [714] 984-5500 Fax 1714] 854-9754 CENTRAL REGION 1128 Carrier Parkway Ave. Bakersfield, CA93308 [661] 392-6640 Fax [661] 393-9525 SOUTHERN REGION 12200 Bloomfield Ave. Santa Fe Springs, CA90670 [562] 929-1128 Fax [562] 864-8970 37ai CT IRE nIVIcInN 3050 E. Birch Street Brea, CA 92821 [714] 984-5500 Fax [714] 854-0227 UNDERGROUND DIVISION 3050 E. Birch Street Brea, CA 92821 [714] 984-5500 'Fax 17141854-0226 LANDSCAPE DIVISION 3050 E. Birch Street Brea, CA 92821 [714] 984-5500 Fax 17141854-7843 CONCRETE DIVISION 12200 Bloomfield Ave. Santa Fe Springs, CA90670 [562] 929-1128 Fax [562] 864-8970 MATERIALS DIVISION 3050 E. Birch Street Brea, CA 92821 [714] 984-5500 Fax [714] 854-0229 www.griffithcompa ny. net CA Contractors License #88 NV Contractors License #78889 AZ Contractors License #292209 \`,p 6LOFggrC 0 �FAME�\CA s �Q0 � , [n16L� OOOY3t GIRIFFITH COMPANY LICENSE CERTIFICATE I certify under penalty of perjury under the 1 s he State of California that the following is true and co ec r� 88 State Contractor's License No. J Walker, Vice President / Regional Manager CONTRACTORS } STATE LICENSE BOARD~ ACTIVE LICENSE tF: 88 CORP GRIFFITH COMPANY B C-8 C 12 C27 HAZ 09/3012018 ov www.cslb c.a. 9 Griffith Company is an equal opportunity employer and an employee -owned company. U2 ID 41 mi koi 6 ca w- CO to LL o go PROPOSED RESOLUTION AUTHORIZED SIGNERS OF THE CORPORATION BE IT RESOLVED, that any one or more of the Officers of this Corporation are hereby authorized to execute and deliver in the name of this corporation any and all bids, authorizations, contracts, notes, deeds, bonds, stocks, declarations, releases and agreements of any nature or sort whatever. FURTHER RESOLVED, that any one or more ofthe following are appointed as authorized signers and hereby authorized to execute and deliver in the name of and behalf of this Corporation any and all bids, authorizations, contracts, certifications, declarations and releases; including: bid bonds, labor and material bonds, rerfon_mance bonds and ;stop notice bonds. Regional Manager, Division Manager, Assistant Division Manager District Manager, Chief Estimator, General Counsel FURTHER RESOLVED, that any and all persons, firms, corporations, and other entities shall be entitled to rely on the authority of any one or more of the officers or authorized signers named to bind this Corporation by the execution and delivery of any of the documents or papers set forth hereinabove. FURTHER RESOLVED, that the authority granted herebyshall not be modified or revolted except by a resolution to that effect passed by the Board of Directors of this Corporation. FURTHER RESOLVED, that any and all authorization heretofore granted by this Corporation to any officers or authorized signers other than those named, to perform acts in the name of and on behalf of this Corporation similar to the acts authorized above, be and they are hereby.revoked, rescinded and annulled. IN WITNESS WHEREOF, the undersigned has hereunto set his hand and affixed the seal of GRIFFITH COMPANY this 1511 day of March'2016. 1z� /�' Gordon M. CsLit ak Vice President/Secretaiy/C170 Attest: Thomas L. Foss, Chairman of the Board SINCE 190 CORPORATE OFFICE COMPANY 3050 E. Birch Street Brea, CA 92821 17141 984-5500 , Fax [714] 854-9754 YG1OPUNLUM CENTRAL REGION 1128 Carrier Parkway Ave. Bakersfield, CA 93308 TO: All Griffith Company Employees [661] 392-6640 Fax [661] 393-9525 FROM: Griffith Company Board of Directors SOUTHERN REGION 12200 Bloomfield Ave. Gordon M. Csutak, Secretary . Santa Fe Springs, CA 90670 [562] 929-1128 Fax [562] 864-8970 DATE: May 13, 2016 STRIJOTURE DmsiON SU50 E. Birch Street SUBJECT: Election of Company Officers Brea, CA 92821 [714] 984-5500 Grath Company Bard of Directors is to announce election of the Fax [714] 854-0227 pleased following officers for the ensuing year: UNDERGROUND DIVISION 3050 E. Birch Street Brea, CA 92821 Thomas L. Foss: Chairman and Chief Executive Officer [714] 984-5500 Fax [714] 854-0226 Jaimie R. Angus: President LANDSCAPE DIl ision 3050 E. Birch Street Brea, CA 92821 Ryan J. Aukerman: Executive Vice President [714] 984-5500 Fax [714] 854-7843 Gordon M. Csutak: Vice President CoNORETEDIvisiom _ Treasurer and Chief Financial Officer 12200 Bloomfield Ave. Secretary Santa Fe Springs, CA 90670 [562] 929-1128 Fax [562] 864-8970 David A. Diaz: Vice President &WTERIALS Dms= Field Operations Manager 3050 E. Birch Street Brea, CA 92821 Daniel A. McGrew: Vice -President, Business Development [714] 984-5500 Fax [714] 854-0229 Lucas J. Walker: Vice President www.ariffithcomoanv.net Regional Manager CA Contractors License #88 Gary A. Hyles: Assistant Secretary NV Contractors License #78889 StarrN. Stallings Assistant Secretary AZ Contractors License #292209 I� l Griffith Company is an equal opportunity employer and an employee -owned company. CORPORATE OFFICE 3050 E. Birch Street Brea, CA 92821 [714] 984-5500 Fax [7141 854-9754 CENTRAL REGION 1128 Carrier Parkway Ave. Bakersfield, CA 93308 [661] 392-6640 Fax [6611 393-9525 SOUTHERN REGION 12200 Bloomfield Ave. Santa Fe Springs, CA 90670 [5621 929-1128 Fax [562] 864-8970 STRUCTURE DIVISION 3050 E. Birch Street Brea, CA 92821 [714] 984-5500 Fax [7141 854-0227 UNDERGROUND DIVISION 3050 E. Birch Street Brea, CA 92821 [714] 984-5500 Fax [7141 854-0226 LANDSCAPE DIVISION 3050 E. Birch Street Brea, CA 92821 [714] 984-5500 Fax [714] 854-7843 CONCRETE DIVISION 12200 Bloomfield Ave. Santa Fe Springs, CA 90670 [562] 929-1128 Fax [562] 864-8970 MATERIALS DIVISION 3050 E. Birch Street Brea, CA 92821 (714]984-5500 Fax (7141 854-0229 www.uriffithcomoanv.net CA Contractors License #88 NV Contractors License #78889 AZ Contractors License #292209 G R I F F I T H COMPANY MEMORANDUM TO: All Griffith Company Employees FROM: Griffith Company Board of Directors Gordon M. Csutak, Secretary DATE: May 13, 2016 SUBJECT: Authorized Signers Griffith Company Board of Directors is pleased to announce that any one or more of the following positions are appointed as authorized signers and hereby authorized to execute and deliver in the name of and behalf of this Corporation any and all bids, authorizations, contracts, certifications, declarations and releases, inchidnag: bid bonds, labor and material bonds, performance bonds and stop notice bonds. Bradley E. Austin Chief Estimator Richard S. Carlson Division Manager Miguel Fenley Division Manager Tehseen Khan Assistant Division Manager Ronald B. Pierce General Counsel Jason C. Spear Chief Estimator Mac A. Tarrosa Division Manager Stephen Timm Assistant Division Manager Walter E. Weishaar Regional Manager Griffith Company is an equal opportunity employer and an employee -owned company. W.t CORPORA05OFFICE C3 R 0 F F 1 T H 3050 E. Birch Street co IV] PAN Y Brea, CA 92821 [7141984-5500 Fax17141854-9754 CEI/TRAL REciom 1128 Carrier Parkway Ave. Bakersfield, CA 93308 ]EQUAL IEM. PIL,OYM ENT OPPORTUNITY [661] 392-6640 AND Fax [6611393-9525 AFFIRMATIVE, ACTION SOdTFIERN REGION UNDER EXECUTIVE ORDER 11246 12200 Bloomfield Ave. Santa Fe Springs, CA90670 [562]929-1128 Faxj562]864.8970 Effective January 10, 1964, Griffith Company developed an affirmative action plan for Exislr-RN.RECswi equal employment opportunity. 4758 Mission Blvd. Montclair, CA 91762 1909]270.5040 On April 11, 1978, this plan was revised and amplified. Fax [909] 270-5042 In January, 1985, this plan was updated to meet the additional requirement of the STRUGTUREDIVISION 3050 E. Birch Street Century Freeway (1-105). Brea, CA 92821 [7141964-5500 Fax [714] 854-0227 ID March, 1987, this plan was revised and amplified. GlHDEI3G06UNd iiMY ON The February7, 1992 revision was a restatement of said program, including additional 3050 E. Birch Street Brea, CA 92821 requirements of the Century Freeway. [714]984-5500 Fax [714] 854.0226 In January, 2005, this plan was updated with the current EEO Officer information. r.WmciiP& bivisiION 3050 E. Birch Street In January 2008, this plan was updated with the current President information. Brea, CA 92821 [714]984-5500 Fax [714] 854-7843 In February 2016, this plan was updated. Co'N& :rr- DIVISION 12200 Bloomfield Ave. Statement of policy In. order to provide equal employment opportunities to all qualified Santa Fe Springs, CA90670 persons without regard to race, color, religion, sex, national origin, disability, sexual [562] 929-1128 Fax [562] 864-8970 orientation, gender identity, protected veteran status, or any other protected class status this company agrees to do the following: (1) recruit, hire, train, and promote persons E. in all job titles, without regard to race, color, religion, sex, national origin, disability, 3050 E. Birch Street 3050 Birch Brea, CA 92821 sexual orientation, gender identity, protected veteran status, or any other protected class [71419B4-5500 status (2) base decisions on employment so as to further the principle of equal Fax [714] 854-0229 employment opportunity, (3.) ensure that promotion decisions are in accord with wwwgriffithcomoanv.net principles of equal employment. opportunity by imposing only valid requirements for promotional opportunities, (4) ensure that all personnel actions, including but not CA Contractors License#88 limited to compensation, benefits, transfers, lay-offs, return from layoffs, company NV Contractors sponsored training, education, tuition assistance, social and recreational programs, will License #78889 be administered without regard to race, color, religion, sex, national origin,. disability, AZ Contractors sexual orientation, gender identity, protected veteran status, or any other protected class License #p292209 status. sui Ott 4' .1 mFly Griffith Company is an equal opportunity employer bnd an employee -owned company. Responsibility for the Program Thomas L. Foss, CEO/Chairman of the Board will personally oversee the program and will appoint Gordon M, Csutak as the Equal Employment Opportunity Officer (hereinafter referred to as the EEO Officer) to carry out the program. The EEO Officer is hereby given full authority to carry out the program and is given the responsibility and authority to perform in-depth analyses of the company's total employment process to determine whether and where impediments to equal employment opportunities exist, including but not limited to the following: Develop policy statements and internal and external communication procedures. 2. Assist line management in collecting and analyzing employment data, identifying problem areas, setting goals and timetables and developing programs to achieve goals. " Such programs shall include specific remedies to eliminate any discriminatory practices discovered in the employment system. 3. Design, implement and monitor internal audit and reporting systems to measure program effectiveness and to determine where progress has been made and where further action is needed and, if necessary, to assure that such action is taken. 4. Report, at least quarterly, to Thomas L. Foss on the progress of each unit in relation to company goals. S. Serve as liaison between the company, government regulatory agencies, minority and female's organizations and other community groups. 6. Assure that current legal information affecting affirmative action is disseminated to responsible officials. Dissemination of oolic 1. Internal Dissemination of Policy. In order to disseminate the EEO Policy to all members of the company staff who are authorized to hire, supervise, promote and discharge employees, or who recommend such action, the company will take the following steps; (a) Include the policy in the company's policy manual; (b) Publicize the policy in company newspapers, magazines, annual reports, and other available media devices; (c) Conduct special meetings with executive, management, and supervisory personnel to explain the intent of the policy and individual responsibility for effective implementation, making clear the chief executive officer's attitude with respect to affirmative action obligations; (d) Schedule special meetings with all other employees to discuss policy and explain individual employee responsibilities; (e) Discuss the policy thoroughly in both employee orientation and management training programs; (f) Meet.with union officials as appropriate to inform them of the policy, and to request their cooperation; (g) Include non-discrimination clauses in any union agreements, and review all contractual provisions to ensure they are non-discriminatory; (h) Publish articles in company publications covering EEO programs, progress reports, promotions, etc., for minority and female employees; (i) Post policy on the company bulletin boards; 0) Ensure that employees featured in product or consumer advertising, employee handbooks or similar publications include both minority and non -minority males and females; (k) Inform employees of the existence of the company's affirmative action policy and enable employees to avail themselves of its benefits; (1) Maintain a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which Griffith Company employees are assigned to work. Griffith Company shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Griffith Company's obligation to maintain such a working environment, with specific attention to minorities or females working at such sites or in such facilities. 2. External Dissemination of Policy. In order to make the company's Equal Employment Opportunity Policy known to all employees, prospective employees, and potential sources of employees, such as schools, employment agencies, labor unions, and college placement offices, the company will take the following action; (a) Inform all recruitment sources verbally and in writing of the company policy, stipulating that these sources actively recruit and refer minorities and females for all positions listed; (b) Incorporate the equal opportunity clause in all purchase orders, leases, and contracts covered by Executive Order 11246, as amended, and its implementing regulations; (c) Notify minority and female organizations, community agencies, community leaders, secondary schools, and colleges of the company policy, preferably in writing; (d) Inform prospective employees of the existence of the company's affirmative action policy and enable such prospective employees to avail themselves of its benefits; (e) Ensure that employees pictured in consumer or help wanted advertising include both minority and non -minority males and females; 3 (f) Send written notification of the company policies to all subcontractors, vendors, and suppliers with requests for appropriate action on their part. Sexual Harassment- Definition and Policy It is the policy of Griffith Company to maintain- a work place fi•ee of sexual harassment, intimidation and coercion. All allegations of sexual harassment will be fully reviewed. Disciplinary action will be taken against any employee found to have sexually harassed another employee. Sexual harassment is defined as, but not limited to: Any repeated or unwarranted verbal, visual or physical sexual action, sexually explicit derogatory statement or remark of a sexual nature made by someone in the work place which can be reasonably determined by the recipient and the person(s) reviewing the complaint to be offensive or objectionable or which may cause the recipient or anyone in the immediate area discomfort or humiliation. The company will investigate all complaints of alleged sexual harassment in connection with its obligations under its contracts, will attempt to resolve such complaints, and will take appropriate corrective action. if the investigation indicates that the sexual harassment may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the company will inform the complainant of its finding and of all avenues of appeal within thirty (30) days of receiving the complaint. To minimize the occurrence of sexual harassment in the work place, and to ensure that all employees understand that such actions will not be tolerated, managers and supervisors shall distribute the policy to every employee and periodically reinforce the importance of compliance. Utilization of Minorities and Females The company will make a good faith effort to meet the designated goals set for the by the Office of Federal Contract Compliance Programs for utilizing minorities and females in the various crafts on all construction jobs during the time this contractor has a federally -assisted, or direct federal construction contract. Recruitment 1. When advertising for employees, the company will include in all advertisements for employees the notation: "An Equal Opportunity Employer". The company will insert advertisements in newspapers or other publications having a large circulation among minority and female groups in the area from which the company's workforce would normally be derived. 2. The company will conduct systematic and direct recruitment through public and private ,employee referral sources likely to yield qualified minority group applicants, including, but not limited to, state employment agencies, schools, colleges and minority group organizations. To meet these requirements, the company will, through the EEO Officer, identify sources of potential minority and female group employees and establish procedures whereby applicants may be referred to the company for employment consideration. 3. The company will encourage its present employees to refer minority and female group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. El Personnel Actions Wages, working conditions, and employee benefits shall be established and administered, and personnel action of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, leave of absence, and termination, will be taken without regard to race, color, religion, sex, national origin or disability. The following procedures will be followed: 1. Periodic inspections of project sites will be conducted to ensure that working conditions and employee facilities do not allow discriminatory treatment of project site personnel. 2. The spread of wages paid within each classification will be periodically evaluated to determine any evidence of discriminatory wage practices. 3.. The company will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the company will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. 4. The company will investigate all complaints of alleged discrimination in connection with its obligations under its contracts, will attempt to resolve such complaints, and will take appropriate corrective action, if the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the company will inform the complainant of its finding and of all avenues of appeal within thirty (30) days of receiving the complaint. Training and Promotion 1. The company will assist in locating, qualifying and increasing the skills of minority and female employees and applicants for employment. 2. Consistent with its requirements and as permissible under Federal and State regulations, the company will make full use of training programs, such as pre - apprenticeship, apprenticeship, or on-the-job training programs, for the geographical area of contract performance. 3. To the extent possible, the company will advise employees and applicants for employment of available training programs and entrance requirements for such programs. 4. The company will periodically review the training and promoting potential of minority and female employees and will encourage eligible employees to apply for such training and promotion. Unions. The company will use its best efforts to obtain the cooperation of any unions with which it has collective bargaining relationships to increase minority and female opportunities within the unions, and to effect referrals of minority and female employees by such unions. Li The company will cooperate with unions, as appropriate, to develop joint training programs aimed at qualifying more minority and female employees for membership in the unions and increasing the skills of minority and female employees so that they may have the opportunity to qualify for higher paying employment. 2. The company will encourage the incorporation of an equal employment opportunity clause into any union agreements stating that such unions will be bound contractually to refer applicants without regard to race, color, religion, sex, national origin, or disability. 3. In the event a union is unable to refer minority and female applicants as requested by the company within the time limit set forth in a union agreement, the company will, through its own recruitment procedures, fill the employment vacancies without regard to race, color, religion, sex, national origin, or disability, snaking every effort to obtain qualified female employees. 4. The company will provide immediate written notification to the Director when a union with which it has a collective bargaining agreement fails to refer a minority or female, or when the company has other Into ination that the urdon [ellurf tl piol:ess is llilpedin -ALS CIL JL IN 111 meet its obligations. Subcontracting 1. When required by federal contract the company will use its best effort to utilize minority group subcontractors, suppliers and vendors. The company, however, reserves the right to determine if the firm is a bona fide Minority Business Enterprise. 2. The company will use its best effort to assure subcontractor compliance with equal employment opportunity obligations through monitoring and enforcement of "Section 21 - Recourse by Contractor" and "Section 22 - Indemnity Clause for Equal Employment Opportunity Violations" contained in Griffith Company's construction subcontract. Records and Reports 1. The company will keep such records as are necessary to determine compliance with its equal employment opportunity pbligations. The records kept by the company will be designed to indicate: (a) The number of minority, non -minority and female group member employees in each work classification. (b) The progress and efforts being made (in cooperation with unions, if appropriate) to increase protected group employment opportunities. (c) The progress and efforts being made in locating, hiring, training, qualifying and upgrading protected group employees. (d) The progress and efforts being made in securing the services of minority group subcontractors. 1.1 2. All such records will be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State and Federal governments. The company reserves the right to require these representatives to show proper credentials. 3. The company will submit all reports required by Executive Order 11246 and appropriate state and federal agencies, and will permit access to its books, records, and accounts by the appropriate governmental agencies and the Secretary of Labor for purposes of investigation to ascertain compliance with the rules, regulations and orders of the Secretary of Labor promulgated pursuant to Executive Order 11246, Other Work. The company agrees that it will be bound by the Equal Opportunity Clause required by Executive Order 11246 with respect to its own employment practices when it participates in nonfederal construction work during which time it also has a federally -assisted or direct federal contract. Assistance in Compliance. The company agrees it will assist and cooperate actively with the appropriate governmental agencies and -the, Secretary of Labor in obtaining the compliance of contractors and subcontractors with the Equal Opportunity Clause and the rules, regulations, and relevant orders of the Secretary of Labor. The company will furnish such information as may be required for the supervision of such compliance. Non -Segregated Facilities. All employee facilities provided by the company shall be non -segregated. These include, but are not limited to, rest areas, parking lots, drinking fountains, and all other such common facilities. Toilets and necessary changing facilities will offer privacy to both males and females. Post -Award Compliance. It is understood that the OFCCP may review the company's employment practices as well as those of any subcontractors the company has employed during the performance of a federally -assisted or direct federal contract. If the goals for the employment of minorities and females set by the OFCCP are not being met, the company shall still be given an opportunity to demonstrate that it has made every good faith effort to meet its commitment. For the purpose of this policy statement, the term "minority" means Black, Hispanic, Asian and Pacific Islander, American Indian and Alaskan Native. For the purpose of this policy statement, a bona fide Minority Business Enterprise is a business, firm, or corporation which is at least fifty one percent (51%) owned and operated by a minority person or persons. The purpose of the company's commitment to specific goals for the utilization of minority and/or female employees is to meet the affirmative action obligations under the Equal Opportunity Clause of a federal or federally -assisted contract. This commitment is not intended and shall not be used to discriminate against any qualified applicant or employee. Refusal to Deal with Debarred or Ineligible Contractors or Subcontractors. The company agrees that it will refrain from entering into any contract or contract modifications subject to Executive Order 11246 with a contractor or subcontractor debarred form or who has not demonstrated eligibility for direct federal or federally -assisted construction contracts pursuant to Executive Order 11246. 7 Griffith Company will use its best effort to meet the goals set forth in the contract specifications. Complaints of non-compliance and grievances are to be directed to the attention of the company's designated Equal Opportunity Officer: Gordon M. Csutak Griffith Company 3050 E. Birch St. Brea, CA 92821 (714) 984-5500 %me, rra r .. rnn d JJAQA.....,... a+nle 1, i-ti., 111Vlilq^u L. oss, F % and Vl_iV CSII 1-.11q 1U IAZlII V1 U14 lV VR1U Griffith Company Company Name February 1 2016 Date FH CONTRACTOR: (A'alne, legal s/a/rrs and address) Griffith Company 12200 Bloomfield Avenue Santa Fe Springs, CA 90670 OWNER: (,'dame, legal slatus and address) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 BOND AMOUNT: $ 10% Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 SURETY: (Maine, legal slalus mrd principal place r f hurirresti) Liberty Mutual Insurance Company 790 The City Drive South, Suite 200 Orange, CA 92868 Mailing Address for Notices 790 The City Drive South, Suite 200 Orange, CA 92868 Ten Percent of Amount Bid PROJECT: ('Fame, localion or address andProjecl number. ifmnj Operetta Drive Rehabilitation CC No. 1543 in the City of Huntington Beach 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. 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 arc such that if the Owner accepts the bid of the Contractor within the tinic specified in the bid documents, or within such tine period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Orvrrer ill accordance tivith 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 i❑ 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 perlbrin the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full lbrce and effect. The Surety hereby l•nwaives any notice ol'an agreement between the Owner and Contractor to extend the lime in which the Owner may accept the bid. Waiveroolice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the lime for acceptance ol'bids speciled in the bid documents, and the Owner and Contractor shall obtain the Surely's consent fix 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 dcemcd to be Subcontractor and the term Owner shall be dcemcd to be Contractor. When this Bond has been furnished to comply with a slaluton orolher legal requirement in the location of the Project, any provision in this Bond conllicling with said statutory or legal requirement shall be deemed deleted herelronr 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. Sign scaled this 29th day of March, 2017. Griffith (Prirrcl, (11'r ss) (11 mesa) Rhonda C. Abel S-0054/AS 8110 (sea!) %Lucas I Walker, VP/Regional M' utual Insurance Companv B !. , 0, Tilly Jer da , A Forney -in- ct CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Los Angeles On March 27, 2017 before me, Tracey A. Novak, Notary Public Dale Here Insert Name and Title of the Officer personally appeared Lucas J Walker Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 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 TRACEY A. NOVAK Notary Public - California Los Angeles County Commission # 2185107 My Comm. Expires Mar 27, 2021 Place Notary Seal Above 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. W / V64_s14_ Signature �'"v`� a- Signaler (Notary Public OPTIONAL Though the section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond ......City of Huntington Beach Bid Doc Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Lucas J Walker Signer's Name: XQCorporate Officer -- Title(s): Vice President/Regional Manager nCorporate Officer -- Title(s): Individual ❑ Individual Partner --- Limited 0 General Partner --- Limited General Attorney in Fact Attorney in Fact rT.pof thumb here Trustee Trustee Guardian or Conservator Guardian or Conservator ❑ Other: Other: Signer is Representing: Griffith Company Signer is Representing: © 2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) • Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § I I M- wt!w .w .a� .Mtaes�tr�tlw..s�t.w _wt!a� .wNwr!s. w .w wK A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On MAR 2 9 2017 before me, Lekim H. Luu, Notary Public Date Here Insert Name and Title of the Officer personally appeared Jeri Apodaca Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(s) is/M subscribed to the within instrument and acknowledged to me that Wshe/0 executed the same in /her/tom authorized capacity(ia), and that by /her/fit' signature( on the instrument the person(ji), 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 o icial seal. a� L EK X1, H. L1U U # 2135634 R. / fiiojary Put)iic - c'aiifornia Signature orargt�. county Signature of Notary Public i omrr. E;,pires Dec 3, 2019!>a Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: Corporate Officer — Title(s): _ Partner — ::: Limited General Individual X Attorney in Fact Trustee 1:,_i Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — Limited General Individual ; Attorney in Fact CTrustee _ Guardian or Conservator Other: Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7486349 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Heather Saltarelli; James A. Schaller; Jeri Apodaca; Kim Luu; Maria Guise; Michael D. Parizino Rachelle Rheault; Rhonda C. Abel all of the city of Newport Beach , state of CA each individually if there be more than one named, its true and lawful attorney-in-fact.to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any"and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been dulysigned by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney, has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 20th day of September 2016 American Fire and Casualty Company ,0 Qs, 01Y INco _,,Ns J1NSUp, P,,;; A ^ The Ohio Casualty Insurance Company (3 ' s o Liberty Mutual Insurance Company a 1906 0 0 1919n > 1912 o a 1991 West American Insurance Company y STATE OF PENNSYLVANIA COUNTY OFMONTGOMERY David M. Carey Assistant Secretary On this 20th day of September , 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, 1 have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. �5 . ppsr� COMMONWEALTH OF PENNSYLVANIA pNWE.q! C� Notarial Seal i 7 Teresa Pastella, Notary Public By; OF Plymouth Twp., Montgomery County Teresa Pastella, Notary Public My Commission Expires March 28, 2017 c4 �N�' Member, Pennsylvania Association of Notaries �ARy P�9 This Power ofAttorney is made and executed pursuant to and by authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5, Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, > and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, 0 seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their Z v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by.the:president and attested by the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Bylaws: of the.Company, authorizes David M. Carey, Assistant. Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make; execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the:Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any, power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty. Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power:"of:attorney"of-which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of MAR 2 9 2017 20 NOVAS, �SY [Also �1NU i ,q �9�L v4 P,oavoF;: f� n� J`�?�oiecagrG4'��, � P ca a2rF� �F 1906 0 0 1919 n 1 1 1991 By. o Gregory W. Davenport, Assistant Secretary ^iify�n.4.,_ntp`�aa ��'-`•aC;; ~ F2 3 �yotnw' 360 of 500 LMS_12873_122013 City Of Huntington Beach 2000 Main Street s Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk July 21, 2017 EBS General Engineering, Inc. 1320 E. Sixth St., Stet. 100 Corona, CA 92879 RE: Operetta Drive Rehabilitation — CC-1543 Enclosed please find your original bid bond for CC-1543. Sincerely, NEWIM POW FAIIII Robin Estanislau, CIVIC City Clerk RE: pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand n (a 0- Qcr- N LL N i� 9 .� ce) C) co Lb N Q -r-- LLl O --� a Z C)-W O-U Q(n0U o CD 00 L n *- O C) N Oco C14V N U- Cn V N a) �U a *- CO O Y inn° U ca J o . o � v� a) W co _ *- O D1 X Q' O a) C Lo U p CM O CCD .- 'UON= SECTION C PROPOSAL for the construction of OPERETTA DRIVE REHABILITATION from FANTASIA LN. TO SCENARIO DR. CC No. 1543 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 35 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find bid bond in the amount of to%bid amount 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 for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: C-2 SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC-1543 OPERETTA DR. TREE PETITION BID ITEMS IDescr►pton �y7 a 1 Mobilization Install Type III C3-PG-64-10 Asphalt Concrete Overl 2 (0.17') 3 Adjust Sewer Manhole to grade 4 Adjust Sewer Lateral Cleanout Manhole to grade Furnish and Replace Existing Water Valve Cover ar 5 to grade Replace City provided Water Meter Box Frame and 6 City furnished box and cover and to grade 7 Cold Mill Existing AC to a depth of 2" (0.17') Remove and Reconstruct Curb and Gutter per HB 202 (CF=6") (Item includes lot drain, Slot Pavemen 8 Aggregate Base, residential driveway curb and guff paint address.) Pull out all roots within proposed improvements Remove and Reconstruct Sidewalk per HB Std. PIS 9 (W=4') Pull out all roots within proposed improvem, Remove and Reconstruct Residential Driveway Ap HB Std. Plan 209. ("W" Per Plan) (Item includes ar 10 Blending; does not include curb and gutter) Pull oL within proposed improvements Plant new 24 Gallon Podocarpus Macrophyllus Tr( Barrier per HB Std. Plans 714, 716 & 718 including 11 Gard or approved equal at base. Includes excavat by 4' hole centered at new tree location and replac A top soil. Clear and Grub existing landscape including tree i below grade, replace with Class A top soil, and in! 12 fescue sod for each address lot. (address lot incli parkway frontage and both parkway frontages for Remove and Replace existing irrigation system fc parkway per address lot. (address lot includes sh frontage and both parkway frontages for corner Ic Install New Curb Access Ramp per Caltrans Std. k Install truncated domes to existing Access Ramp Std. Plan A88A Remove and replace street sign and post per HE 401 ay 2" thick d adjust Cover with )td. Plan Br, and n 207 ,nts Broach Per y Onsite t all roots �e with Root I Arbor- ng 4' by 4' e with Class oots 24" ;tall dwarf ides shard corner lots.) r each ared parkway ts. ) Plan A88A per Caltrans Std. Plan C-2.1 1 650 5 24 3 37 20,200 2,300 8,000 4,370 36 34 19 2 2 3 LS $)� $ TN $ $ Ste, EA $ $ 3. G? r EA $, �� $i EA $ �Lr $— EA $ c i $ mot —`-- SF $S $ LF $� $ V U c C) ISF SF $/o— 1$D' 7 0o EA I $ DC) J I $ EA $ 5 0 $ tG} 5() EA $ $ ` EA $ OCt) $ l EA $ �U� $ 3 — SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC-1543 OPERETTA DR. TREE PETITION 17 Remove and Replace Local Depression Per HB Std. Plan 302 265. SF $/_ 180 LF $� $ � f 18 Install 3/4" PVC Pipe Sleeve for future irrigation 1 LS $ 0 $ 1C? 19 14 Day Plant Establishment for sod 20 90 Day Plant Establishment for Trees 1 LS $ �� $— 0 21 Provide 1 year Landscape Maintenance for Trees 1 LS $ l) 22 Prepare Storm Water Pollution Prevention Plan (SWPP) LS $ 1 LS $ DU $ 23 Install & Maintain Construction BMPs TOTAL BID AMOUNT (BASIS OF AWARD) — SCHEDULE A $ TOTAL BID AMOUNT IN W RDS: IA, )r 1..,t AfJr -tL Note: Refer to Section 9, Measure and Payment for description of each item on Bid Schedule. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. (Delete this note in red for non -traffic signal projects) The City will provide the traffic signal equipment, as listed in the pole schedules, (also includes anchor bolts) to the contractor. The contractor is to pick up the materials, with its own labor, at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class DIR Number Dollar Amount % of Contract Bysubmissionsubmission 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. 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 a I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 4/3(17 , at Corona CA Date City State Joseph A. Nanci being first duly sworn, deposes and says that he or she is President of EBB General Fnginecring Ins 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. EBS General Engineering, Inc. Name of Bidder Signat re of Bidder 1 11 • •l- • Address of Bidder C-4 California All -Purpose Acknowledgement State of California } County of. Orange On- before me, William E . Ellis, Jr. , a Notary Public personally appeared Joseph A. Nanci WILLIAM E.=JR,,Commission z ;`_� Notary Public - California v z Orange County My Comm. Expires Oct 23, 2019 Notary Public Seal Description of Attached Document Title or Type of Document: Document Da Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) 0 Individual 0 Corporate Officer: ❑ Partner - ❑ Limited ❑ General 0 Attorney -in -Fact 0 Trustee ❑ Guardian or Conservator 0 Other: Signer is Representing: who proved to me on the basis of satisfactory evidence to be the person) whose nameXis/ate subscribed to the within instrument and acknowledged to me that he/ -she/they executed the same in hisfhcrftheir authorized capacity(%%, and that by his/lierftheir signaturek 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. Notary Public Signature umber of Pages: OPTIONAL ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: — 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 OPERETTA DRIVE REHABILITATION, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 4/3/17 C-5 EBS General Engineering, Inc. Contractor President Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes QfN o 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: 4/3/ 17 C-7 EBS General Engineering, Inc. President Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: EBS General Engineering,Inc Bidder Name 1320 E. Sixth St., Ste 100 Business Address Corona CA 92879 City, State Zip ( 951 ) 279-6869 bids@ebsgeneral.com Telephone Number Email Address 720016 A State Contractor's License No. and Class 3/31/96 Original Date Issued 3/31/18 Expiration Date The work site was inspected by Joseph A. Nand of our office on 3/27 , 2017. The following are persons, firms, and corporations having a principal interest in this proposal: Joseph A. Nanci, President C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. EBS Gf neral p v ame Sisna�Q-- of Bidder Joseph A. Nanci, President Printed or Typed Signature Inc. Subscribed and sworn to before me this _ day of , 201_ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of ) County of [OR Month, Day, and Year personally appeared before me, Insert Name and Title of Notary Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 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. Signature Signature of Notary Public C-9 (PLACE NOTARY SEAL ABOVE) California All -Purpose Acknowledgement State of California } County of _ Orange On "e " ° t before me, William E. Ellis, Jr. personally appeared Joseph A. Nanci �s WILLIAM E.mELLIS JR. Com Mission # 21279ni Notary Public -California D My Comm. Expires uct za, �u � � Notary Public Seal Description of Attached Document Title or Type of Document: Document Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) Q Individual ❑ Corporate Officer: Q Partner - ❑ Limited Q General ❑ Attorney -in -Fact Q Trustee Q Guardian or Conservator ❑ Other: Signer is Representing: a Notary Public who proved to me on the basis of satisfactory evidence to be the persons) whose namets)js/are subscribed to the within instrument and acknowledged to me that he/ 4-a-.4lc} executed the same in hisffi=Aheir authorized capacity0o,Q, and that by hislherftheir signaturek on the instrument the persons, 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 Notary Public Signature Of OPTIONAL ❑ IndividuaI ❑ Corporate Officer: ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: — Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right of way Sanitary sewer lift stations of similar size, protect work within public streets, an area containing high ground water and pipeline construction in hi h ground water regions with trench depths of 8-feet to the invert."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: See attached reference lip Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. Willie Ellis Name of proposed Project Manager Telephone No. of proposed Project Manager: 951-279-6869 ext 120 All projects on attached reference list Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Dave Sulik Name of proposed Superintendent Telephone No. of proposed Superintendent: 951-279-6869 ext 128 All projects on attached reference list Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work C-11 Date Completed Date Completed CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublieWorks/SB854FactSheet_6.30.14.pdf DIR's Contractor Registration Link — Call (844) 522-6734 https://efil ing.dir.ca.gov/PWCR/ActionServlet?action=displayPW CRegistrationForm DIR's Contractor Registration searchable database: https://efiIing.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Date: 4/3/17 DIR #: 1000005295 C-12 EBS General Engineering, Inc. President Title 3 YEAR REFERENCES - PUBLIC WORKS ct Name /2015 Citywide Curb, Gutter, Sidewalk, Driveway Repairs Proiect Address Owner Various Locations City of Riverside Principal Contact Phone Secondary Proiect Contact Danny Cwiak, Construction Project Manager (951) 377-5514 Steve Howard Price of Contract Type of Work Dates $407,628 Curb + Gutter, Ramps 11/2014 to 2/2015 2. Proiect Sewer Replacement Project Proiect Address Owner Various Locations City of Fullerton Contact Phone Eric Villagracia, Public Works Dept. (714) 738-6853 Price of Contract Type of Work Dates $998,151.00 Sewer, Curb + Gutter 1/2012 to 2/2013 3. Proiect Sewer Manhole Surface Repair PH II Project Address Owner Fairview and Newport, City of Costa Mesa Costa Mesa Sanitary District Contact Phone Robin Hamers, District Engineer (949) 548-1192 Price of Contract Type of Work Dates $47,420.00 Manhole Repairs 1/2016 4. Proiect Annual Concrete Repair FY 2014-15 Proiect Address Owner Various Locations City of Rancho Santa Margarita Contact Phone E. Maximous, Public Works Director (949) 635-1805 Price of Contract Type of Work Dates $53,550.00 Sidewalk 4/2015 to 5/2015 3 YEAR REFERENCES - PUBLIC WORKS ct d Avenue Widening Project Address Owner Grand Ave. from First St. to Fourth St. City of Santa Ana Contact Phone Tyrone Chesanek, Principal Civil Engineer (714) 647-5074 Price of Contract Type of Work Dates $172,000.00 Curb + Gutter, Bus Pad 11/2014 to 9/2015 6. Project Concrete Street Rehabilitation, FY 2015-16 Project Address Owner Various Locations City of Orange Contact Phone Matthew Lorenzen, Project Manager (714) 744-5566 Price of Contract Type of Work Dates $574,850 Minor Concrete, Street Improvements 7/16 to 10/16 7. Proiect Name Improvements of Livingston Drive Project Address Owner Livingston Dr. between Termino Ave. & 2"d St. City of Long Beach Contact Phone: Danny Besabella (562) 577-6192 Price of Contract Type of Work Dates $1,254,000.00 Street Improvement 8/2012 to 2/2013 a BID BOND KNOW ALL MEN BY THESE PRESENTS, that we EBS General Engineering, Inc. as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, 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 amount bid too ) of the Amount Bid by Principal 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 Operetta Drive Rehabilitation Project No. CC 1543 NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into 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. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract .shall .furnish evidence of financing in a.manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project; and PROVIDED, FURTHER, unless the bid documents require that bid security remain in effect for a longer period of time, Surety shall have no liability hereon if a contract for the bid amount is not awarded to Principal within 60 days of the date hereof. SIGNED, sealed and dated this 29th day of March 12017 EBS General Engineering, Inc (Principal) BY: TITLE: Josep A. Nand, President SureTec In r e Company BY: l % ( Tom._ CCharles e , Attorney -in -Fact suretec bid bond file.doc Rev 1.1.06 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 3-29-17 Date before me, Lexie Sherwood , Notary Public, Insert Name of Notary exactly as it appears on the official seal personally appeared Charles L. Flake LEXIE SHERWOOD ws. _ comm. # 2031782 E: NOTARY PUBLIC 0CALIFORNIA 0 ORANGE COUNTY Comm. Exp. JULY 27, 2017 er(s who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 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 fficial seal Signature — Place Notary Seal Above Sign ature*fN6fary PubI46 Lexie Sherwood 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 the 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—Ttle(s): _ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: POA9: 510123 SureTec Insurance Company ]LIMITED POWER OF ATTORNEY Know All Alen by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Charles L. Flake, David L. Culbertson, Spencer Flake its true and lawful Attorney -in -fact, 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 suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifyin;; and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 5/18/2017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: 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: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and 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. (Adopted at a meeting held on 206 of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 1 sth day of May A.D. 2015 ��„,p11 IIIIIWptlq,4iy4 SURETEC INSURANCE COMPANY s r,�}RANCF k14 ! q By: uuw n= John ox Jr: resident co a State of Texas ss: t c, County of Harris On this 18th day of May , A.D. 2015 before me personally came John Knox Jr., to me known, who, being by me duly swom, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. MM LDONADOblicl1exas/ 511812017 Jacq elyn Maldonado, Notary Public My commission expires May 18, 2017 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 29TH day of MARCH 2017 A.D. !Bre Assistant ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. California All -Purpose Acknowledgement State of California } County of _ Orange On ( - _ (� before me, William E . Ell r personally appeared Joseph A. Nanci . 16 MU M E. ELLIs JR. Commission # 2127998 Notary Public California v Z'° Orange County My Comm. Expires Oct 23, 2019 Notary Public Sea] Description of Attached Document Title or Type of Document: Docfiment Date: Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: a Notary Public who proved to me on the basis of satisfactory evidence to be the persons) whose nameXis/aie subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in hisfhcr/their authorized capacity0e,Q, and that by histtirftheir signatureN on the instrument the personK or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Signature umber of Pages: OPTIONAL ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing:___— City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk July 21, 2017 Excel Paving Company 2230 Lemon Ave. Long Beach, CA 90805 RE: Operetta Drive Rehabilitation — CC-1543 Enclosed please find your original bid bond for CC-1543. Sincerely, = � 04 - =4 1 �W-Z Robin Estanislau, CIVIC City Clerk RE: pe Enclosure Sister Cities: Anjo, Japan e Waitakere, New Zealand I -M SECTION C PROPOSAL for the construction of OPERETTA DRIVE REHABILITATION from FANTASIA LN. TO SCENARIO DR. CC No. 1543 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 35 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. " fE11 rEft � roposal of bid, find �� VV* in the amount of Wkch 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 for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC-1543 OPERETTA DR. TREE PETITION BID ITEMS Item A 7 , 3-"D iiaq timkl la I h U, , gotal -b, .2, K F42 1 Mobilization 1 LS 006,, 2 Install Type III C3-PG-64-10 Asphalt Concrete Overlay 2" thick (0.17') 650 TN 70. q:5500. 3 Adjust Sewer Manhole to grade 5 EA 7-7 5-0 4 Adjust Sewer Lateral Cleanout Manhole to grade 24 EA NCO. 5 Furnish and Replace Existing Water Valve Cover and adjust to grade 3 EA 6 Replace City provided Water Meter Box Frame and Cover with City furnished box and cover and to grade 37 EA 7 Cold Mill Existing AC to a depth of 2" (0.17') 20,200 SF Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 (CF=6") (Item includes lot drain, Slot Pavement, 8 Aggregate Base, residential driveway curb and gutter, and paint address.) Pull out all roots within proposed improvements 2,300 LF 9 Remove and Reconstruct Sidewalk per HB Std. Plan 207. (W=4') Pull out all roots within proposed improvements 8,000 SF 7,70 Remove and Reconstruct Residential Driveway Approach Per 10 HB Std. Plan 209. ("W" Per Plan) (Item includes any Onsite Blending; does not include curb and gutter) Pull out all roots within proposed improvements 4,370 SF $10.5-0 Plant new 24 Gallon Podocarpus Macrophyllus Tree with Root Barrier per HB Std. Plans 714, 716 & 718 including Arbor- 11 Gard or approved equal at base. Includes excavating 4' by 4' by 4' hole centered at new tree location and replace with Class A top soil. 36 EA Clear and Grub existing landscape including tree roots 24" 12 below grade, replace with Class A top soil, and install dwarf fescue sod for each address lot. (address lot includes shard parkway frontage and both parkway frontages for corner lots.) 34 EA Remove and Replace existing irrigation system for each 13 parkway per address lot. (address lot includes shared parkway frontage and both parkway frontages for corner lots.) 19 EA 14 Install New Curb Access Ramp per Caltrans Std. Plan A88A 2 EA 15 Install truncated domes to existing Access Ramp per Caltrans Std. Plan A88A 2 EA -1;V0. MCC. 16 Remove and replace street sign and post per HB Std. Plan 401 3 EA C-2.1 SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC-1543 OPERETTA DR. TREE PETITION air Item 'a,m1"�Fy •!^3. X t'.Y, I ` lk a•7 $....;i ': '.'¢` wi 'z iVy F �A' Descrlphoi a k irf„Rv.mhhXf r*,'✓,s Q.nanht3� ' 9 4 al.;i UmtUnrtCost�wTotal F°, 4f .'t*.... d.�y�'7 dw %;#'46; {g Cost 'tiA -. (E'zfension) 17 Remove and Replace Local Depression Per HB Std. Plan 302 265 SF 18 Install 3/4" PVC Pipe Sleeve for future irrigation 180 LF �$, Z ?DO, 19 14 Day Plant Establishment for sod 1 LS BGb, $ O CV, 20 90 Day Plant Establishment for Trees 1 LS 3-AM, 3 ZOD,' 21 Provide 1 year Landscape Maintenance for Trees 1 LS Z&CIV, 22 Prepare Storm Water Pollution Prevention Plan (SWPP) 1 LS 1Io00, /lo6tD, 23 Install & Maintain Construction BMPs 1 LS -3CW, $ 30D0, TOTAL BID AMOUNT (BASIS OF AWARD) — SCHEDULE A $ Y %/. S& S, DO TOTAL BID AMOUNT IN WORDS: Note: Refer to Sectfon 9, Measure and Payment for description of each Item on Bid Schedule. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. (Delete this note in red for non -traffic signal projects) The City will provide the traffic signal equipment, as listed in the pole schedules, (also includes anchor bolts) to the contractor. The contractor is to pick up the materials, with its own labor, at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class DIR Number Dollar Amount % of Contract /l-/3 /g.21 lCa.7v /�/�z �3•uo-lt sX- 72mcn,i S'tv N rSl % /o3.S (�,.ae��l� sr. y897ZZ dg /anv77/1 N' 000" Z� 49v 977694 !3 /9v�°3 .Soo 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. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the Statefi� California the foregoing is true and correct and that this declaration is executed on(, 0 , at � M CALiPORNIA Date City State C.W. i WWN being first duly sworn, deposes and says that he or she is PRESIMMT of W UC-WA the party making the foregoing bid that the bid is not made in tfiKG&W.&-l� GAWWbehalf 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 eT- Signature of BidderMOWN,PRE&DENT .'-'AL , INC. DGA EXLU PAVM COMPANY I''Q ; 2'1110 d AVENUE � na�n G-�r_:,ne� ren sancans Address of Bidder C-4 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On APR 0 4 2017 before me, C. Phillips, Notary Public Notary Public, (Here insert name and title of the officer) personally appeared C.P. Brown who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/4< subscribed to the within instrument and acknowledged to me that he/sj&/tl* executed the same in his/ltr/tNr authorized capacity(ies), and that by his/l�&/tfl* 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. Signature of Notary C, PHILLIPS COMM, #21701-77 M =*<, f Notary Public -California LOS ANOELES COUNTY a MY COMM, Expires Oct 29, 2020 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment foam must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 2004-201 S Prol.ink Signing Service, Inc. - NI Rights Reserved www.TheProLink.com — Nationwide Notary Service 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 OPERETTA DRIVE REHABILITATION, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. .4PR a 4 U7 Date: . WC.0 SCE, PAVING CON1RANP Contractor Title PRESIDEMT C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. N2WC. WA EL PAVING COMPANY t1Pk a 2017 Date: Contractor Title C.F. MOVYN PRESUX #T C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name ALP, WC DBA EXCEL PAvm co Y 2?314 11-0111 fl, WE"WE Business Address City, State Zip (562) 599-5641 esh�^�ry @��pav►►^�j .�n$1� Telephone Number Email Address STATE L IC. 698659 "A` ci�/�31 State Contractor's License No. and Class Original Date Issued MI U Expiration Date The work site was inspected by�km of our office on , 201-1. The following are persons, firms, and corporations having a principal interest in this proposal: Curtis P. Brown President and Chief Executive Officer Curtis P. Brown III Vice President ana Urrt Bruce E. Hatt Vice President and Chief Financial Officer Marcia S. miller sucletaly Michele E. Drakulich Assistant Secretary C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications se " WA WRPAV1NGCMftW Company Name Signature of Bidder WO PROW -my Printed or Typed Signature Subscribed and sworn to before me this _ day of 201 4PR 0 4 Zo 17 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CALifO A State of ) County of Loa ANGELEa ) On APR J 4 7017 Month, Day, and Year personally appeared C.P. BROWN before me, (,'• Phillips, (Votary Public Insert Name and Title of Notary Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 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. Signature C. PHILLIPS COMM, #2170177 M Notary Public -California K LOS ANGELES COUNTY a My Comm. Expires Oct —, 2020 of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: &W �1.1 �61- MKOV St d�►AWt 12-� Zane Contract Amount Type of Work Date Completed Provide to show similar work: Name and Address of Public Agency Name and Telephone No. of Project Manager: 01- 9001 inm(l t10-k U L 1 A Contract Amount Type of Work Date Completed Provide additi , al project descy�pf}on to show similar work: k 3. t\) l -t Name and Address of Public Agency Name and Telephone No. of Project Manager: CXNW4C QWWwt A�UAO Contract Amount J Type of Work 6ate Completed Provide additional description to shod similar work: AM" Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. S Name of proposed'Project Manager Telephone No. of proposed Project Manager: (562) 599-5841 SCE P U C l 0 Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Date Completed Date Completed Project Name & Contract Amount Type of Work Date Completed 2. UL� �C btD tJ OX*L- Name of proposed Superintendent Telephone No. of proposed Superintendent: 15621599-5841 PG C/o Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Date Completed Date Completed Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet_6.30.14.pdf D1R's Contractor Registration Link — Call (844) 522-6734 https://efiling. dir. ca.gov/PWCR/ActionServlet? action=displayPWCRegistrationFonn DIR's Contractor Registration searchable database: https://efiIing.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. R WMA Contractor By PRESIIDENT Date: APR Q 4 2017 Title DIR #: 10u000333 1 C-12 Bond No. The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we PALP Inc. dba Excel Paving Company Bid Bond as Principal hereinafter called the Principal, and _ _Federal Insurance Company a corporation duly organized under the laws ofthe state of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the Slim Of Ten percent of the total amount of the bid Dollars ($ t 0% ), 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 operetta Drive Rehabilitation (CC1543) 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 faithiful performance of such Contract and for the prompt payment of labor and material famished 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 20tn day of Witness !,41U EI.E E. DRAKULIGH, ASST. SECRETARY Witness ORSC 21328 (5/97) March PALP Inc. dba Excel Paving Company , 2017 Principal (seal) By: &6"--� C.R. SHOWN, ERESIDEW Name/Title Federal Insurance Company p Surety (Sea() r � � By: (I Douglas , Rapp Attorney -in -Fact CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles YI On AI•' 1 3 before me C. Phillips, Notary Public (Here insert name and title of the officer) personally appeared C. P. Brown and Michele E. Drakulich Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Kare subscribed to the within instrument and acknowledged to me that WvWthey executed the same in IA/h)4/their authorized capacity(ies), and that by li4/h}(/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 aAd official seal. Signature p; C. PHILLIPS W :<iar:' • CCMM, #2170177 r, Notary Public -California u) LOS ANGELES COUNTY a (Notary Seal) `' tea•'' My Comm. Explres Oct 29, 2020 .ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/dwy-,- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover tent or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. v Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service, [nc. - All Rights Reserved www.TheProLinkcoro - Nationwide Notary Service City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachea.gov Office of the City Clerk Robin Estanislau, City Clerk July 21, 2017 HYM Engineering, Inc. 6380 Roland St. Buena Park, CA 90621 RE: Operetta Drive Rehabilitation — CC-1543 Enclosed please find your original bid bond for CC-1543. Sincerely, Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand -41 ,s' SP n _ 0 aka y� 1 � "k�T`J -' 1. t is RT iy +G _>.rx� y -y,a } � _ a 4 tit y" 3; � Al -- vR4.- e 4` - - F'"- �€'�.��53��)Y14 �6Y °� i"vYU r' E? Pp .L-f,3y 't t 3 y ➢,. k k k i S h - ; .. 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X- " �#n z`s � - SkW $ Rk 417 -r y,q7x� Y°- }t ��$'f �. ,s'a' �2'�}-t "�'��' -� ;3a s• 5 � n., � x `- f �� fi.r£ YTiZ?tt#rr„ii ,YR,y L i Y k s r P. iy 2t'�ia3 X Fsa k Z lT � a_.c sxJt w ui cc e W Of210 00 w r T a X'fi i �_ Es m �kt E4t, 4� �x✓aE + ems# m fps x 1r J 0 ►`W SECTION C PROPOSAL for the construction of OPERETTA DRIVE REHABILITATION from FANTASIA LN. TO SCENARIO DR. CC No. 1543 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 35 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 40,519%T. a—° in the amount of f6rL4 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 for % ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC-1543 OPERETTA DR. TREE PETITION BID ITEMS 4F 4 'Pst, ension -N 1 Mobilization 1 LS 2-01000 2 Install Type III C3-PG-64-10 Asphalt Concrete Overlay 2" thick (0,17') 650 TN $/20 $ _79-000 3 Adjust Sewer Manhole to grade 5 EA $4000 $ -r' GOD 4 Adjust Sewer Lateral Cleanout Manhole to grade 24 EA $ 2W ,$ov $ -* 5 Furnish and Replace Existing Water Valve Cover and adjust 3 $ /1!;VV to grade EA 6 Replace City provided Water Meter Box Frame and Cover with City furnished 37 $-ISV $ box and cover and to grade EA 7 Cold Mill Existing AC to a depth of 2" (0.1 T) 20,200 SF $ ti. $ /401 Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 (CF=6") (Item includes lot drain, Slot Pavement, 8 Aggregate Base, residential driveway curb and gutter, and paint address.) Pull out all roots within proposed ST. 4co improvements 2,300 LF $ $ 9 Remove and Reconstruct Sidewalk per HB Std. Plan 207. Pull improvements 8,000 $ $ 40, 60b (W=4') out all roots within proposed SF Remove and Reconstruct Residential Driveway Approach Per 10 HB Std. Plan 209. ("W" Per Plan) (Item includes any Onsite Blending; does not include curb and gutter) Pull out all roots $ 16 41?. ?--10 within proposed improvements 4,370 SF Plant new 24 Gallon Podocarpus Macrophyllus Tree with Root Barrier per HB Std. Plans 714, 716 & 718 including Arbor- 11 Gard or approved equal at base. Includes excavating 4' by 4' by 4' hole centered at new tree location and replace with Class 36 4-2" Opp A top soil. EA Clear and Grub existing landscape including tree roots 24" 12 below grade, replace with Class A top soil, and install dwarf fescue sod for each address lot. (address lot includes shard frontage frontages for lots.) 34 $/,000 $ parkway and both parkway comer EA Remove and Replace existing irrigation system for each 13 parkway per address lot. (address lot includes shared parkway frontage and both parkway frontages for corner lots.) 19 EA $900 $ 14 Install New Curb Access Ramp per Caltrans Std. Plan A88A 2 EA $ $ Sri 15 Install truncated domes to existing Access Ramp per Caltrans Std. Plan A88A 2 $ 6ev $ EA 16 - Remove and replace street sign and post per HB Std. Plan $ $ 401 3 EA C-2.1 SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC-1543 OPERETTA DR. TREE PETITION -s Itemr, ,r,No i,; ik ..Pt"Yi: xt � � , t Descnptton, z t� ve 6 r�. �tirye s s.�F�..fh�•r.dk.�".: f�.µ'�...��..,�i,.lny{.4lw6iJE.S.L. Jd..f ruin F�� .,hd�2'.�als. Ff .4,"R'tl..S.�..'�..r.i}.{..V,�'�.Y.Y{t^.oa.9Wy.i�.iMA.�I.��d.. .i��,'atx,tb, ipv -- xte, V,r� i.V:. ia�.,X-v�i{�',e 17 Remove and Replace Local Depression Per HB Std. Plan 302 265 SF $ ZA $ s 18 Install 3/4" PVC Pipe Sleeve for future irrigation 180 LF $ $ ®a 19 14 Day Plant Establishment for sod 1 LS $/, OVO $ , 0010 20 90 Day Plant Establishment for Trees 1 LS $ 1.Siwlo $ 6,s-� 21 Provide 1 year Landscape Maintenance for Trees 1 LS $ 14. $ D 22 Prepare Storm Water Pollution Prevention Plan (SWPP) 1 LS $ tCOV $ •s. 23 Install & Maintain Construction BMPs 1 LS $ .47i=0 $ TOTAL BID AMOUNT (BASIS OF AWARD) — SCHEDULE A $ �DS_i D�p. Vie TOTAL BID AMOUNT IN WORDS: ;(AP- hw YPc: E' •a1 ti �iya 4-hoascaod Jbf hiAd Ytd Ssmiii , do 61aVS Note: Refer to Section 9, Measure and Payment for description of each Item on Bid Schedule. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. (Delete this note in red for non -traffic signal projects) The City will provide the traffic signal equipment, as listed in the pole schedules, ( also includes anchor bolts) to the contractor. The contractor is to pick up the materials, with its own labor, at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class DIR Number Dollar Amount % of Contract All /-vvwr �wLv► Asp"f ?-0.64 Z2)-1 (c✓cti/ CA, /17001ID 1051 (I,12,13 16,1 `I, 2 2 PH0(-,t4 ix r_" r"!S'-Cye Szi C, Pox1mvrt Ave. Cif 11&32 Z 45 6 C-21 J�On -114' 6c'v ZED "la By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ' f/ , at 13L4nc- Date City State Cj'i'f 71i-r0 C'.- , being first duly sworn, deposes and says thato or she is Dyt,d�v of w( i�eer�?, Inc . the party making the foregoi g 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. Ky IUi��V►�er Name of Bidder Signature of Bidder 6-;960 �O je-nj St. Address of Bidder 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 OPERETTA DRIVE REHABILITATION, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date:�� _ C-5 Contractor By Title 4 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes )4 No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: C-7 YH EiVli"C f Contractor By Title (051dov- BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: ml Bidder Name 63n jU(,V t . a. Business Address 13-aehe, prtk. City, ('A `306-L State Zip Telephone Number Email Address alfri3u A, l3 State Contractor's License No. and Class G /4 />00 � Original Date Issued 113i/2-0lel Expiration Date The work site was inspected by of our office on 201/j The following are persons, firms, and corporations having a principal interest in this proposal: A J;�,5 r1 C-s The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. j j yj,A 'Cb'l oee:f rt-Z1, Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this _t� day of h I , 201� . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Ccd.rl rrUc__ ) County of orc.!Ip ) On 6pri 4 ZC? f 9 before me, Month, Day, and Year personally appeared See. cofacl Insert Name and Title of Notary Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 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. 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 (PLACE NOTARY SEAL ABOVE) C-9 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ Orange On April 04, 2017 before me, Hison Kim, a Notary Public (insert name and title of the officer) personally appeared Abraham J. Jeon who proved to me on the basis of satisfactory evidence to be the personss`J whose name,( is are subscribed to the within instrument and acknowledged to m e that&she/they executed the same in (Ober/their authorized capacity(i&5), and that by is er/their signature(.9) on the instrument the person(o), or the entity upon behalf of which the pers on($) 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 C HISON KIM Commission 0 21191122 =® Notary Public • California Orange County My Comm. Expires Jul 18, 2019 (Seal) Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and Greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high around water and pipeline construction in high around water regions with trench depths of 8-feet to the invert."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. G, �� pArk b6sb C��a i� C�ivcl. eri� Vast) (A - Name and Address of Public Agency Name and Telephone No. of Project Manager: Noucksc'-mc UOOo %� -"' — 3900 1 I, 316, Oo L TIAw-4, , Pao"N , C rOAIy JGh 20 V] Contract Amount Type of Work kJ Date Completed Provide additional project description to show similar work: ?. ai FIY4ei M 20o S. A&4im 0,1yc(. �t csk6, C lk Nain- aAddress of Public Agency Name and Telephone No. of Project Manager: -7esa- I%/ Contract Amount Type of Work 6ate Completed Provide additional project description to show similar work: 3. P.O, Qox 2600 �acrc mcw[DJ Cl� Name and Address of Public Agency Name and Telephone No. of Project Manager:nn+s �yy^ �► �� u�—�� Z6� y Contract Amount Type of Work Date Completed Provide additional project des ription to show similar work: .�s`l�--t-�- i��{- �31 Lnln � IM+ viv r Cd rn c, {"p'.f� +^r� ✓�L. C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. Name of proposed Project Manager Telephone No. of proposed Project Manager: 5�C�7. bL�4 —2-(ZQ, 6J-o -v R-j (;Wc;A3 Lot 4 (/ 31,bi oy cl Ae- rc �n nJ: ('o v'cn.l y % ! 11 Project Name & Contract Amount Type of Work Date Completed W— ')J'J Ik" Po\^ . (, ai C Vvt k- Project Name & Contract'Amount Type of Work (STY-( Croq-M 664r. Name & Contract Amount Qr,�,nJo1\ k{Y✓\ Name of proposed Superintendent FW�'�'S OWC� 4.� � ��• JCS U Type of Work Telephone No. of proposed Superintendent: ' - — %`�q — G3�3 2O1� Date Date Completed liG�i5Qv1 ki R-46 LT I 13l 9, Ul�c- n J ootytle- JGwn 2�0 Project Name & Contract Amount Type of Work Date Completed `+''-huh �'1'►��'� ^ 'Zj � vct� ' c, �� ;�►CY`('�' GN- Z,L)1 Project Name & Contract Amount Type of Work Date Com leted �`l �� ►`�-�`� �°� (S��h �c�v��d,%�o� �o�� 4=dj � v�v �L�1�„ks�� Cep v� � �� Project Name & Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link — Call (844) 522-6734 https://efiling. dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationFonn DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Contractor 9' By Title Date: ]//Y DIR #: [ OC9oo c & 2_3 2 C42 Y,e,JV,tA-- ® Developers Surety and Indemnity Company Indemnity Company of California CorePointe Insurance Company AmTrust Surety 17771 Cowan Suite 100 • Irvine, California 92614 • (949) 263-3300 An AmTrust Financial Company www.AmTrustSurety.com BID BOND BOND NO KNOW ALL MEN BY THESE PRESENTS, That we HYM Engineering, Inc. N/A as Principal, and Indemnity Company of California a corporation authorized to transact a general surety business in the State of California as Surety, are held and firmly bound unto City of Huntington Beach in the full and just sum of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars, ($ 10% (hereinafter called the Obligee) ) 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 Rehabilitation of Operetta Drive, CC-1543 NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, then this obligation shall be void-, otherwise to remain in full force and effect. Signed and Sealed this 3rd HYM Engineering, Inc. Principal ID-1235 (General Bid Bond) (REV. 7/15) day of 2017 YEAR Indemnity Comparry of California Surety By: Will m--Syrkin-,-Attorney-In-Fact Attr rney-in-Fact POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: —William Syrkin, Sergio D. Bechara, Rebecca Haas -Bates, Richard Adair, jointly or severally — as their true and lawful Aftorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s}in-fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective —officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. B /�_/ � ',(ANo 1 tNPAV4rp y :,J •OPPOR.fT OF, GO RpoR C' Daniel Young, Senior Vice -President h; 3c Fo yy t F' G W 1936 ' { o 0 o w tog? x By: Mark Lansdon, Vice -President 's, ��o •* • r�C°,.• 1 rFo� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On February 6 2017 before me, Lucille Raymond Notary Public Care Here Insed Name and Tills or the officer personally appeared Daniel Younq and Mark Landon Names) 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 he/she/they executed the same in hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of LUCILLE RAYMOND which the person(s) acted, executed the instrument. "A Commission 0 2081945 Notary Public - California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Z Orange County true and correct. My Comm. Ex lres Oct 13, 2018 f WITNESS my hand and official seal. / Place Notary Seal Above Signature Lucillg Rey ond, Notary Public CERTIFICATE i1 The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomey are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 3rd day of Ap ril , 2017 . zq AND /No �ptk vo QW, hJ•QµPOIrtTF. d`y : M1 aA RSr `-9 By. '_ 1936 n : w Sy67 a•. • o: Cassie J� , nisford, AssistanfSe tary "'� •i+4FOR�T' a c C"111Fop�`� ATS-1002 (02117) ��o . *...... , '` CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On April 3, 2017 Date personally appeared before me, Corinne L. Hernandez, Nota William Syrkin Here Insert Name and Title of the Officer Name�sj of Signer[' who proved to me on the basis of satisfactory evidence to be the person whose name is/are subscribed to the within instrument and acknowledged to me that he/stfe/thiy executed the same in his/her/ticteir authorized capacity(io, and that by his/her'/theit-signature(s) on the instrument the person(s§), or the entity upon behalf of which the person(s)_acted, executed the instrument. CORINNE L. HERNANDE Commission # 2083563 r Public California v Notary Los Angeles County z 2018 My Comm. ExolresSeP 2>s;,. 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! SignatLe�% Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General ❑ Individual J Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Indemnity Gompany of California Signer's Name: r! Corporate Officer — Title(s): Partner — U Limited ❑ General Individual f_ i Attorney in Fact Trustee Ci Guardian or Conservator 1"-1 Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ Orange On April 04, 2017 before me, Hison Kim, a Notary Public (insert name and title of the officer) personally appeared Abraham J. Jeon who proved to me on the basis of satisfactory evidence to be the person(A whose name(x)@/are subscribed to the within instrument and acknowledged to m e that&she/they executed the same in Cis er/their authorized capacitykies), and that by(oher/their signature(,K) on the instrument the person(s), or the entity upon behalf of which the pers on(,s'f 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. ft WITNESS my hand and official seal. HISON KIM Commlulon 0 2119922 Z ; �+ Notary Public - California z Orange County f My Comm. Expires Jul 18. 2019 Signature l (Seal) City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk July 21, 2017 Hardy & Harper, Inc. 1312 E. Warner Ave. Santa Ana, CA 92705 RE: Operetta Drive Rehabilitation — CC-1543 Enclosed please find your original bid bond for CC-1543. Sincerely, RARE � U E 1 1 1 1 Robin Estanislau, CIVIC City Clerk RE: pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Him cri Nt T 0 U CIO c C C) C :4— C U9 -0 SECTION C PROPOSAL for the construction of OPERETTA DRIVE REHABILITATION from FANTASIA LN. TO SCENARIO DR. CC No. 1543 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 35 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidder's Bond in the amount of 10% of Amount 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 for to % ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Ad�denda No. Date Received Bidder's Signature /[/ C-2 SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC-1543 OPERETTA DR. TREE PETITION BID ITEMS 1 Mobilization 1 LS $ �at Y1 $ �1 E� 2 Install Type III C3-PG-64-10 Asphalt Concrete Overlay 2" thick (0.1T) 650 TN QQ $ l> ) $ � q`�o 3 Adjust Sewer Manhole to grade 5 EA $ � i"00 $ S, 000 4 Adjust Sewer Lateral Cleanout Manhole to grade 24 EA $ 3C�"0 $ �I 5 Furnish and Replace Existing Water Valve Cover and adjust 3 $ ► �Ln $ QOU to grade EA 6 Replace City provided Water Meter Box Frame and Cover with $ 3co 0 $ t 100 City furnished box and cover and to grade 37 EA 1Cl 7 Cold Mill Existing AC to a depth of 2" (0.1T) 20,200 SF $ d .l I1j Q $ I �1 K) Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 (CF=6") (Item includes lot drain, Slot Pavement, 8 Aggregate Base, residential driveway curb and gutter, and paint address.) Pull out all roots within proposed $ $ ��/ ► improvements 2,300 LF c V 9 Remove and Reconstruct Sidewalk per HB Std. Plan 207. Pull improvements 8,000 $ $ �� (W=4') out all roots within proposed SF o I Remove and Reconstruct Residential Driveway Approach Per 10 HB Std. Plan 209. ("W" Per Plan) (Item includes any Onsite Blending, does not include curb and gutter) Pull out all roots 'o within proposed improvements 4,370 SF $ $ ! Plant new 24 Gallon Podocarpus Macrophyllus Tree with Root Barrier per HB Std. Plans 714, 716 & 718 including Arbor- 11 Gard or approved equal at base. Includes excavating 4' by 4' by 4' hole centered at new tree location and replace with Class $ �� $�-� A top soil. 36 EA Clear and Grub existing landscape including tree roots 24" 12 below grade, replace with Class A top soil, and install dwarf fescue for sod each address lot. (address lot includes shard frontage both frontages for lots.) 34 'll g� $ r L) $ parkway and parkway corner EA I000 i 13 Remove and Replace existing irrigation system for each parkway per address lot. (address lot includes shared parkway O � SOo frontage and both parkway frontages for corner lots.) 19 EA $1 $ , 14 Install New Curb Access Ramp per Caltrans Std. Plan A88A 2 EA $ ; pu'rj $ , 0oy 15 Install truncated domes to existing Access Ramp per Caltrans Std. Plan A88A 2 $_115�60 UUD $ EA i 16 Remove and replace street sign and post per HB Std. Plan 401 3 $ 0 $ "S 00tl EA i C-2.1 SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC-1543 OPERETTA DR. TREE PETITION 17 Remove and Replace Local Depression Per HB Std. Plan 302 265 SF $� $ 18 Install 3/4" PVC Pipe Sleeve for future irrigation 180 LF $ ?/�) $ J� 19 14 Day Plant Establishment for sod 1 LS $_l , 3C $ 39 20 90 Day Plant Establishment for Trees 1 LS -qV7V-0 21 Provide 1 year Landscape Maintenance for Trees 1 LS $ 7j, Ckf' $ j; Cr'0 22 Prepare Storm Water Pollution Prevention Plan (SWPP) 1 LS $ 9,00t> a $ �f pOO 23 Install & Maintain Construction BMPs 1 LS $ $ 1I0�S TOTAL BID AMOUNT (BASIS OF AWARD) — SCHEDULE A $ 1.1 "' ! ®Uc) TOTAL BID AMOUNT IN WORDS: cam." ►Aulndre� Note: Refer to Section 9, Measure and Payment for description of each Item on Bid Schedule. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. (Delete this note in red for non -traffic signal projects) The City will provide the traffic signal equipment, as listed in the pole schedules, (also includes anchor bolts) to the contractor. The contractor is to pick up the materials, with its own labor, at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class DIR Number Dollar Amount ' ` % of'' Contract ?] �S Utl I gigs , 132(c) E. G+n st. Coronq, cF q2��9 R) 1 t l�I Inc 1 1 q ZL .S 't_CJcIln ohe-1 rlA- By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of per jury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 3/31/17, at Santa Ana CA Date City state Steve Kirschner being first duly sworn, deposes and says that he or she is Vice President of Hardy & Harper, 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. Steve Kirschner - Vice President Name of idder 00-11, Signature of Bidder 1312 E. Warner Ave., Santa Ana, CA 92705 Address of Bidder 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 OPERETTA DRIVE REHABILITATION, (t)(we)(1t) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The terin "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-OSFIA 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: 3/31/1.7 C-5 Hardy & Harper, Inc Contractor By Steve Kirschner - Vice President Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes U No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 3/31/17 C-7 Hardy & Harper, Inc Contractor By Steve Kirschner - Vice President Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Hardy & Harper, Inc Bidder Name 1312 E. Warner Ave Business Address Santa Ana CA 92705 City, State 'Lip 714 ) 444-1851 skirschner@hardyandharper.com Telephone Number Email Address 215952; A, C-8, C12 State Contractor's License No. and Class 3/ 13/63 Original Date Issued 12/31/17 Expiration Date The work site was inspected by Corey Kirschner of our office on March 31st , 2017 . The following are persons, firms, and corporations having a principal interest in this pi-oposal: Fred T. Maas, Jr - President, Treasurer Dan T. Maas - CEO Steve Kirschner - Vice President Kristen S. Paulino - Secretary C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Hardy & Harper, Inc Signature of Bidder Steve Kirschner -Vice President Printed or Typed Signature Subscribed and sworn to before me this day of , 201_ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of ) County of ) On before me, Month, Day, and Year personally appeared Insert Name and Title of Notary Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(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. Signature Signature of Notary Public C-9 (PLACE NOTARY SEAL ABOVE) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :`.�if�,rYd�..:d��,ri.�`� f�� SY:i�iG>:S<tih:��a. �h..��. �.i, eiY F...:.1;1 h.�`;S::ir �.5:•�'i\;f.':.C.,.C....: <.{,Sic t..;,<-. SY"'ti �;F.,.. S ..�C::� .,.. ,t<5.4: �".-Y F.:!�d �.{a5;5 i� .. ;::5.'',�4 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On March 31, 2017 _ before me, Tina Pham• Notary Public Date Here Insert Name and Title of the Officer personally appeared NameA of who proved to me on the basis of satisfactory evidence to be the person(x) whose name(g) is/aye subscribed to the within instrument and acknowledged to me that he/so4e/tlley executed the same in his/her/their authorized capacity(iQfi), and that by his/h)Rr/their signature(g) on the instrument the person(a), or the entity upon behalf of which the person(x) acted, executed the instrument. TINA PHAM COMM. #2149384 n jy( = Notary Public -California IL ORANGE COUNTY �` F My Comm. Expires Apr 17, 2020J Place Notary Seal Above 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. QP Signature_ Sign ture of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bidder's Information _ Document Date: _ March 31,.2017 _ Number of Pages: 2 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner ❑✓ Corporate Officer — Title(s): vice President ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardv & Harper. Inc Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited I-1 General ❑ Individual ❑ Attorney in Fact l._l Trustee CI Guardian or Conservator ❑ Other: Signer Is Representing: «`cZicc. :Gr%Cx ICZ_x 1 �:r,�n_{z vuz� .� S__"c c _::tip zi�r•c�r � 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item 115907 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed sirnilar work within the past five years: t • Please see attachment "A' Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Narne and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show sirnilar work: 3. Name and Address of Public Agency Narne and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-1 0 PUBLIC WORKS REFERENCES Attachment 2015/2016 Owner/Agency Contact Project (Amount & Completion Date) City of Simi Valley Fuad Shamout, P.E FY 2015-16 Annual Minor 2929 Tapo Canyon Road (805) 583-6788 Street Rehabilitation Simi Valley, CA 93063 FShamout simivailey_org $1,213,960.50 11/15 City of Walnut Natalie Avila, P.E Area 1 & 2 Street 21201 La Puente Rd. (909) 594-9702, Ext. 315 Resurfacing Project Walnut, CA 91789 naviiu�brkragr_ogp_go!Li $1,077,000.00 11/15 City of Rancho Cucamonga Romeo David Foothill Blvd Pavement 10500 Civic Center Drive (909)477-2740 Rehabilitation Rancho Cucamonga, CA 91730 RO-Me0-David cite frcus $1,076,200.00 11/15 City of Palm Desert Bo Chen, P.E Portola Ave STP Rehabilitation 73-510 Fred Waring Drive (310) 370-5099 Project Palm Desert, CA 92260 boc-hen cityofpaltrd ser_orq $639,204.74 2/16 City of Lake Elsinore Ken Rukavina FY 15-16 Citywide Paverent 130 South Main Street (951) 674-3124 Rehab Phase 5 Lake Elsinore, CA 92530 krUkavina(@1ake-e1sinore.org $560,736.74 2/16 City of Lake Elsinore Ken Rukavina FY 15-16 Citywide Pavement 130 South Main Street (951) 674-3124 Rehab Phase 4 Lake Elsinore, CA 92530 krLikavina�a�,iake-eisinore.or $895,665.91 3/16 City of Villa Park Akram Hindiyeh FY 15/16 Street Rehabilitation 17855 Santiago Blvd (714) 998-1500 Project Villa Park, CA 92861 ahiridiYeh ��x�vi�I4_� r , �; $592,140.91 3/16 City of Pasadena Sean Singletary Preventitive Maintenance of 100 N. Garfield Ave (626) 744-4273 Streets 2015 Pasadena, CA 91109 ss letaryaa(;ityofpsadena net $1,182,829.46 4/16 City of Colton Jess Sotto FY 15-16 Asphalt Paving 650 N. La Cadena Drive (909) 370-5099 Project Colton, CA 92324 JSotto@coltonca.gov $1,569,242.84 4/16 City of Westminster Tuan Pham Citywide Street Improvement 8200 Westminster Blvd (714) 898-3311 For Various Residential Streets Westminster, CA 92683 toharrm(F,�westminster-ca.qov $679,108.61 5/16 PUBLIC WORKS REFERENCES Attachment A 2015/2016 Owner/Agency Contact Project's Info City of Arcadia Jan Balanay Pavement Rehab Program 240 West Huntington Dr (626) 256-6582 Camino Real Ave & 6th Ave; Arcadia, CA 91066 ibalanay (Darcadiaca.gov Project # 33854016 $632,386.21 7/1 Fi City of Fontana Ticha Loera Pavement Rehab of Slover Ave 8353 Sierra Ave (909) 350-6696 From Mulberry Ave to Cherry Fontana, CA 92335 tloera bffontana.orc1 Ave $1,313,161.86 8/16 City of Rancho Cucamonga Romeo David Archibald Ave from Hillside Rd 10500 Civic Center Drive (909)477-2740 to N. City Limit & haven Ave Rancho Cucamonga, CA 91730 Romeo.D avid, city Wilson Ave $796,042.98 8/16 City of La Canada Flintridge Greg Kwolek 2016 Citywide Street 1327 Foothill Blvd (818) 790-8880 Resurfacing La Canada Flintridge, CA 91011 kg wolekCq�jcf.ca.caov $1,084,562.67 8/1 Fi City of Huntington Beach Joseph Fuentes Nichols Lane Rehabilitation 2000 Main Street (714) 536-5431 from Slater Ave to Warner Ave: Huntington Beach, CA 92648 ifuentes(cDsurtcity-hb.oLq $644,000.00 9/16 City of Claremont Vincent Ramos Residental Slurry Preparation 207 Harvard Ave (909) 399-5396 CIP 2016-02 Claremont, CA 91711 vramos .;ci.clarernor7tca.us $579,000.00 10/16 City of Rancho Palo Verdes Lea Reis Residential Street Rehabilitation 30940 Hawthorne Blvd LReis a rpv_ca.go_v_ Project Phase I Rancho Cucamonga Palos Verdes (310) 544-5307 $2,639,962.68 11/16 City of Cathedral City Bill Simmons Date Palm Dr. & Cathedral 68-700 Avenida Lalo Guerrero (760) 770-0340 Canyon Pavement Rehab Cathedral City, CA 92234 bsiiY monsLg,athedralcity ?v $939,000.00 11 /1 Ei City of Moreno Valley Henry Ngo Edgemont Neighborhood 14177 Frederick St (951) 413-3100 Pavement Rehabilitation Moreno Valley, CA 92552 henryn(@moval.org $383,000.00 12/16 City of Chino Hills Fe Rama FY 2016-2017 Street 14000 City Center Drive frarnaC@ctinohills.oLq Improvement Project Chino Hills, CA 91709 (909) 364-2600 $1,039,000.00 12/16 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. Mike Amundson Name of proposed Project Manager Telephone No. of proposed Project Manager: 714-444-1851 Schleisman Rd Overlay$333,333.00 Road Overlay work 8/15 Project Name & Contract Amount hype of Work Date Completed Minor Street Maintenance Phase I $1,543,000.00 Street Maintenance 4/14 Project Name & Contract Amount Type of Work Date Completed Phase 3 Street Rehab $1,075,484.00 Street Rehabilitation Project Name & Contract Amount Type of Work 2. Dennis Beyle Name of proposed Superintendent Telephone No. of proposed Superintendent: 714-444-1851 Street Improvement & Main Street Bridge Rehab $1,188,570.00 Street Improvement Project Name & Contract Amount Type of Work Foothill Blvd Pavement Rehabilitation $1,076,200.00 Pavement Rehabilitation Project Name & Contract Amount Type of Work Street Resurfacing Project $1,187,987.00 Resurfacing Project Project Name & Contract Amount Type of Work 6/14 Date Completed 1/15 Date Completed Date Completed 12/14 Date Completed CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1.771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PubllcWorks/SB854FactSheet-6.30.14.pdf DI R's Contractor Registration Link — Call (844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActionServlet?action=d1splayPWC;Reg]strationForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 41.04 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Date: 3/31 /17 DIR #: 1000000076 C-12 Hardy & Harper, Inc Contractor By Steve Kirschner - Vice President Title Bid Bond CONTRACTOR: (Name, legal status and address) Hardy & Harper, Inc. 1312 E. Warner Avenue Santa Ana, CA 92705 OWNER: (Name, legal status and address) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Bid Bond Number: CSBA-4599 SURETY: (Name, legal status and principal place of business) Fidelity and Deposit Company of Maryland 777 South Figueroa Street, Suite 3900 Los Angeles, CA 90017 BOND ANIOUNT: Ten Percent (10%) of Amount Bid PROJECT: Operetta Drive Rehabilitation from Fantasia Ln. to Scenario Dr. CC No. 1543 This document has important legal consequences. Consultation with An attorney is encouraged with respect its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered Plural where applicable. Project Number, if any: 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 here from 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 31st day of March, 2017 Hardy & Harper. Inc. (Principal) (Seal) (W,tness) (Title) StP/�PPi KIKafiGr=VICf/ trt*,&W (Witness) Fidelity and Deposit Company of \Maryland (Surety) (Title) Dwight Reilly, Attorney -in -Fact (Seal) By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.or6) makes this form document available to its members, affiliates, and ALI associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that UMIX lqqW the original text of this document conforms exactly to the text in AIA Document A310-2010, Bid Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Oran On March 31, 2017 before me, Tina Pham, Notary Public Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner Name) of Signer who proved to me on the basis of satisfactory evidence to be the person(x) whose name( is/axe subscribed to the within instrument and acknowledged to me that he/stye/tFtey executed the same in his/I3cr/their authorized capacity(i(�C), and that by his/h)Rr/their signature(g) on the instrument the person(a), or the entity upon behalf of which the person(x) acted, executed the instrument. TINA PHAM COMNI.42149384 n Notary Public -California U) ORANGE COUNTY a My Comm. Expires Apr 17, 2020 Place Notary Seal Above 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. 0Signature _ Sign ture of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: March 31, 2017 Number of Pages: 1 Signer(s) Other Than Named Above: Dwight Reilly Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner ❑✓ Corporate Officer — Title(s):yir:r. Prasjdent ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper Inc Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �G��°�"=-?�;�'�:.'�`�G� Y'�z�z�'�-,L�'�''�r<��v'�-z��,c��fic.:�.c�;:;c.Z.�z._�r�;:�>�c ��c�z: ✓ �c..G�:; 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item 45907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accura State of California County of Orange or validity of that document. On 03/31/2017 before me, Susan personally appeared Dwight Reilly , Notary Public 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. \� SUSAN PUGH r,� C0Nil PkA 2J05.405 n Nolarq i uhn t� I Qii�l� N 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 of Notary \� OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ MEMBER of LLC ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document One Number of Pages 03 /31 /2017 Date of Document Signer(s) other than named above Bond No. CSBA-4599 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Andrew WATERBURY, Arturo AYALA, Shaunna Rozelle OSTROM and Michael CASTANEDA, all of Orange, California, EACH its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 5th day of December, A.D. 2016. ATTEST: BY 4,,- 2), 151_� Secretary Eric D. Barnes ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND I • —•—° the H u' low 4�.w� %y�J?'•�.�...i *�a 7 t Vice President Michael Bond State of Maryland County of Baltimore On this 5th day of December, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above' ,vvfitten, o rnura�• Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA-F 012-0079B City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk July 21, 2017 Nobest, Inc. P. O. Box 874 Westminster, CA 92684-0874 RE: Operetta Drive Rehabilitation — CC-1543 Enclosed please find your original bid bond for CC-1543. Sincerely, Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan s Waitakere, New Zealand � � � � .� � �,• V C v � � fi � � a ,� � OJ �� V ^ '{^\ �� v , n� ��.i ` �C �� , '� �� O � �a � � � ;� �- � ,_ � � � � � � � � s `- SECTION C for the construction of OPERETTA DRIVE REHABILITATION from FANTASIA LN. TO SCENARIO DR. CC No. 1543 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, inaccordance 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 35 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum. prices set forth in the following Bid Schedule. BIDDER. understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find bl -Olaler �� ly0tlj in the amount of 167a 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 for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable: Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC-1543 OPERETTA DR. TREE PETITION BID ITEMS — Description �� d! �' Quantity ma ',Unit � G Unit Cost �r� Total Cost e 1 Mobilization 1 LS- 71 2 Install Type III C3-PG-64-10 Asphalt Concrete Overlay 2" thick , BG �• S ol, �fa (0.17') 650 TN •. _ • 3 Adjust Sewer Manhole to grade 5 EA S 73 r S �7 4 Adjust Sewer Lateral Cleanout Manhole to grade 24 EA G` S S0. � S t i 00 ._ 5 Furnish and Replace Existing Water Valve Cover and adjust to grade 3 EA S✓ 6 Replace City provided Water Meter Box Frame and Cover with $90 S City furnished box and cover and to grade 37 EA 7 Cold Mill Existing AC to a depth of 2" (0.1 T) 20,200 SF $ V, Ste' $ Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 (CF=6") (Item includes lot drain, Slot Pavement, 8 Aggregate Base, residential driveway curb and gutter, and paint address.) Pull out all roots within proposed ✓ a° S O /,'J3 y� S i JA improvements 2,300 LF - 9 Remove and Reconstruct Sidewalk per HB Std. Plan 207. o- �� (W=4') Pull out all roots within proposed improvements 8,000 SF $ $ Remove and Reconstruct Residential Driveway Approach Per 10 HB Std. Plan 209. ("W" Per Plan) (Item includes any Onsite 00 Blending; does not include curb and gutter) Pull out all roots within proposed improvements 4,370 SF Plant new 24 Gallon Podocarpus Macrophyllus Tree with Root Barrier per HB Std. Plans 714, 716 & 718 including Arbor- 11 Gard or approved equal at base. Includes excavating 4' by 4', by 4' hole centered at new tree location and replace with Class QQ�� 850. S 3o — A top soil. 36 EA S / Clear and Grub existing landscape including tree roots 24" 12 below grade, replace with Class A top soil, and install dwarf fescue sod for each address lot. (address lot includes shard Pa parkway frontage and both parkway frontages for corner lots.) 34 EA S Remove and Replace existing irrigation system for each 13 parkway per address lot. (address lot includes shared parkway S frontage and both parkway frontages for corner lots.) 19 EA 14 Install New Curb Access Ramp per Caltrans Std. Plan A88A 2 EA $_�__g �G S � • 15 Install truncated domes to existing Access Ramp per Caltrans �' VC Std. Plan A88A 2 EA S5,00 S 16 Remove and replace street sign and post per HB Std. Plan r 77G, 3l0 401 3 EA S S C-2.1 G SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC-1543 OPERETTA DR. TREE PETITION 17 Remove and Replace Local Depression Per HB Std. Plan 302 265 SF 18 Install 3/4" PVC Pipe Sleeve for future irrigation 180 LF /07• '� �, lbfJ. 19 14 Day Plant Establishment for sod 1 LS D $ /� 040 .S 20 90 Day Plant Establishment for Trees 1 LS $ 3 3, ®�d. 21 Provide 1 year Landscape Maintenance for Trees 1 LS $ �o,!, r 22 Prepare Storm Water Pollution Prevention Plan (SWPP) 1 LS $ 7,aN. 7 ay. 23 Install & Maintain Construction BMPs 1 LS $ �, �LIJ. $ t, TOTAL BID AMOUNT (BASIS OF AWARD) — SCHEDULE A $ TOTAL BID AMOUNT IN WORDS: Note: Refer to Section 9, Measure and Payment for description of each Item on Bid Schedule. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. (Delete this note in red for non -traffic signal projects) The City will provide the traffic signal equipment, as listed in the pole schedules, (also includes anchor bolts) to the contractor. The contractor is to pick up the materials, with its own labor, at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR Dollar %of Item(s) Subcontractor License Number Amount Contract Number _ .- � ouhta�� UallP� �Il /�/h p�rCa� Aspha t �000001Jrl � PRE 3, saNe g77666 %D90W'o3 Poi, 6.0 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 BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoin is true and correct and that this declaration is executed on *-Aj— !at rQ2 �-'�'l�pe A. Date City State L01-to NeAQIt4, being first duly sworn, deposes and says that he or she is P,(Pof __ No je S f Z/I e • 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 Address of Bidder C-4 • •ALL—PURPOSE ii,/ s CERTIFICATE R O ACKNOWLEDGMENT .OD_ State of California County of Orange On `T,Lt—/I- personally appeared before me, Kay E. Anderson/Notary Public (Here insert name and title of the officer) Nodland who proved to me on the basis of satisfactory evidence to be the person(s'j whose name(.sTis/#Fe"subscribed to the within instrument and acknowledged to me that helAdt"hey,executed the same in his/ w-r/t):ieir authorized capacity(ies`j, and that by hisJierl hey signature(0) on the in the person(s); or the entity upon behalf of which the persons(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. KAY E. ANDERSON Commission # 2031255 a "� r;� Notary Public -California Z WITNE m nd and official seal. Z :�._,_._ Orange County D My Comm. Expires Jun 27, 2017 Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ,,(Title or description of attached document) (Title or descriptiou of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President (Tide) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. terrifying the authorized capacity of the signer). Please check.the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/diey,- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover tent or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com 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. OPERETTA DRIVE REHABILITATION, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be per formed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: q - q-17-- Contractor Title .S' C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes Zf'�To If the answer is yes, explain the circumstances in the space provided. Note: 'This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whorl 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: 44, L-1-I ke,be5,- T h c Contractor By PreSY�e�� Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: -kebe5;�- Bidder Name 2o00 ) cGae Business Address ��ell 1�fove City, State Lip < <,q ) gg2 - Telephone Number Email Address State Contractor's License No. and Class �-79 Original Date Issued --)- '? /—lQ Expiration Date The work site was inspected by Mt lte L-'u/,'S' of our office on A—k/' 30 , 2017. The following are persons, firms, and corporations having a principal interest in this proposal: bw fi ebert Ay11G17W TG - !;el nth C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. A Me Company Name Signature o Printed or Typed Signature Subscribed and sNvorn to before me this q_ day of A AO)e l-" 201-. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CN—/ ) County of Df2'4'-.2Q& _ ) On L4 44— ) Month, Day, and Y personally appeared before me, V,,w Ins rt Name and Title of Notary P'J Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persor!(sf whose names) is/fie' subscribed to the within instrument and acknowledged to me that he/slv5/�Zy executed the same in his/ r/tVifr*authorized capacity(i , and that by his /tl e-i signaturossjon the instrument the person(s), or the entity upon behalf of which the personj<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. KAY E. ANDERSON WITNESS my hand and official seal. Commission # 2031255 4My Z z Notary Public - California Z z Orange County Comm. Expires Jun 27, 2017 Signature Sig ature of Notary Public (PLACE NOTARY SEAL ABOVE) M Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has perfonned similar work within the past five years: S 2� 4 f�4�h@Gti/ 1. 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-10 10 A 8'�'� i REFERENCE LIST Page 1 No. 1 Project Name/Number: Bay Avenue Maintenance #6 Project Description: Remove and Replace Concrete Streets and Alleys Approximate Construction Dates: From: 3/2015 To: 6/2015 Agency Name: City of Newport Beach Contact Person: Mike Sinacori Telephone: (949) 644-3342 Original Contract Amount: S826.000 Final Contract Amount: S 836,063 No. 2 Project Name/Number: Residential Tree Petition Street hnprovements Project Description: Remove - Replace Curb & Gutter Sidewalks Driveways Cross Gutter. Tree Planting Coldmill and Overlay Approximate Construction Dates: From: 8/2015 To: In Progress Agency Name: City of Huntington Beach Contact Person: Dave Verone Telephone: (714) 536-5431 Original Contract Amount: S650.501 Final Contract Amount: S In Prowess Page 2 No. 3 Project Name/Number: Annual Concrete Maintenance Program Project Description: R & R Concrete Sidewalks Curb & Gutter Drive Approaches and Curb Ramps Approximate Construction Dates: From: 2/2013 To: Present Agency Name: City of Huntington Beach Contact Person: Dereck Livermore Telephone: (714) 960-8861 Original Contract Amount: 5500.000 Final Contract Amount: S In Progress No. 4 Project Name[Number: Section 2 Concrete Repair & Miscellaneous Slurry Project Project Description: Remove & Replace Sidewalks. Driveways Curb Ramps and Curb & Gutter Approximate Constriction Dates: From: 8/2014 To: 10/2014 Agency Name: City of Manhattan Beach Contact Person: Juan Price Telephone: (3l0) 802-5310 Original Contract Amount: S1,119,790 Final Contract Amount: S 1,138.600 Page 3 No. 5 Project Name/Number: Annual Concrete Rehabilitation Project 128 Project Description: Remove & Replace Sidewalk Curb Ramp, Curb & Gutter. and Tree Removals Approximate Construction Dates: From: 5/2015 To: 8/2015 Agency Naine: City of Cypress Contact Person: Dario Simoes Telephone: (714) 229-6694 Original Contract Amount: S514,000 Final Contract Amount: S 431.883 No. 6 Project Narn e/NI Limber: Safe Routes to School Grant Project Description: Remove and Replace Sidewalk. Curb R. Gutter Driveways Curb Ramp, and Allevs Approximate Construction Dates: Frorn: 8/2014 To: 7/2015 Agency Name: Citv of Pomona Contact Person: Matt Pilarz Telephone: (909) 620-3652 Original Contract Amount: S 1.515.103 Final Contract Amount: S 1.700.000 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. �� i• L- f Name of proposed Project Manager Telephone No. of proposed Project Manager: WA Acry C1J Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Name of proposed Superintendent q Telephone No. of proposed Superintendent: Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771. 1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor .Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30�state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublieWorks/SB854FactSheet 6.')0.14.pdf DIR.'s Contractor Registration Link -- Call (844) 522-6734 littps://efilina.dir.ca.gov/PWCR/ActionServiet?action=displayPWCRegistratioliForm DIR's Contractor Registration searchable database: hnps://efiIing.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.:It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Date: &4 7 DIR #: L��OIIS a it A/., k1 c i % h r Title C-12 Bid Bond CONTRACTOR: (Name, legal status and address) Nobest Incorporated 7600 Acacia Ave. Garden Grove, CA 92841 OWNER: (Name, legal status and address) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 BOND AMOUNT: Ten Percent (109A) of Amount Bid PROJECT: Operetta Drive Rehabilitation Bid Bond Number: CSBA-4520 SURETY: (frame, legal status and principal place of business) Merchants Bonding Company (Mutual) 6700 Westown Parkway West Des Moines, IA 50266 This document has important legal consequences. Consultation with An attorney is encouraged with respect its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered Plural where applicable. Project Number, if any: CC No. 1543 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 here from 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 22nd day of March, 2017 Nobest Incorporated (Principal) (Seal) .eey;e &C. I / (ritle) 1-,A-- nuf y I Al A -- Bonding Comnanvvlutjial (I t7, � z / �(Surety) (Seal) (lP/itness) Shaunna lotielle Ostrom By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.org) makes this form document available to its members, affiliates, and ASIA associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that Iffm4V lqqqW the original text of this document conforms exactly to the text in AIA Document A310-2010, Bid Bond. Subsequent modifications may be madeto the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or S/ —J,:) ow-T-- acceptance. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On 14�`1—� before me, Kay E. Anderson/Notary Public , (Here insert name and title of the officer) personally appeared Larry Nodland and Robert Nodland 11 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)^4a�re subscribed to the within instrument and acknowledged to me that,:Ire'/shelthey executed the same in l ,is/heI`Itheir authorized capacity(ies), and that by Wpetheir 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. and official seal. of Notary Public (Notary Seal) KAY E. ANDERSON Commission # 2031255 z , _ Notary Public - California z Orange County r ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ,,(Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAMED BY THE SIGNER ❑ Individual (s) IX Corporate Officer ( s ) Larry Nodland—President (T'�-'e)Robert Nodland 11—Sec. ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California_ In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized ccTacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ha/she/tltey- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 03/22/2017 personally appeared before me, Shaunna Rozelle Ostrom , Notary Public 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. SHAUNNA ROZELLEOSTROM COMM. #2159617 c� Notary Public -California �k ORANGE COUNTY LL My Comm. ExpiresJul 11, 2020 I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. WI SS my han and official seal. ignature of Notary Shaunna Rozelle strom Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ MEMBER of LLC ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACLIED DOCUMENT Bid Bond Title or Type of Document =611 Number of Pages 03/22/2017 Date of Document Signer(s) other than named above Bond No. CSBA-4520 MERCHANTS !"%k BONDING COMPANY,, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Arturo Ayala; Daniel Huckabay; Dwight Reilly; Michael Castaneda; Shaunna Rozelle Ostrom their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: T`VENTY MILLION ($20,000,000.00) DOLLARS This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations ofthe Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 1 Oth day of March 2017 1�� "'•r,,� ' C • MERCHANTS BONDING COMPANY (MUTUAL) lw *�t ��k a4i'• MERCHANTS NATIONAL BONDING, INC. ;3• 1933 ; c; B ��►. � a y ! ;A STATE OF IOWA ,�+'`'�'~` ti'' .°• COUNTY OF Dallas ss. President On this loth day of March 2017 , before me appeared Larry Taylor, to me personally known, who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies, and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ,,pIAL, WENDY WOODY 0 v Commission Number 734654 z `J17 Nly Commission Expires io1N� June 20, 2617 Notary PubL , County, lowa (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. I n Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 22nd day of March , 2017 .Gam n ct5 _ Secretary POA 0014 (6/15) City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk July 21, 2017 Vido Samarzich, Inc. 4972 Crestview Place Alta Loma, CA 91701 RE: Operetta Drive Rehabilitation — CC-1543 Enclosed please find your original bid bond for CC-1543. Sincerely, Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand QL � S O Q� r F. _ N �U 0 00 00 00 o Z 0- o 0 � U � _ X Q � ,3 + O u- Q w z �+ i � U Q ' - J o0 0 U CD O, W NQ LL1 z O U w F� SECTION C PROPOSAL for the construction of OPERETTA DRIVE REHABILITATION from FANTASIA LN. TO SCENARIO DR. CC No. 1543 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 35 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award.. BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bina"s gbovD in the amount of Wairpm .&A which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC-1543 OPERETTA DR. TREE PETITION BID ITEMS No. E (Extension)`, 1 Mobilization 1 LS $�_ $ 20 000. of �0 2 Install Type III C3-PG-64-10 Asphalt Concrete Overlay 2" thick $ ��• OD $ Joo 00 (0.17') 650 TN 3 Adjust Sewer Manhole to grade 5 EA $''Sd.00 $ 2� L So- oo 4 Adjust Sewer Lateral Cleanout Manhole to grade 24 EA $ 300.00 $ '77j zdo. no 5 Furnish and Replace Existing Water Valve Cover and adjust 3 $ SOtl. 00 $ 1/ S'0O, i0O to grade EA 6 Replace City provided Water Meter Box Frame and Cover with City furnished box and cover and to grade 37 EA $ ZvO. oo $ 7 00- 00 7 Cold Mill Existing AC to a depth of 2" (0.17') 20,200 SF $ • 60 $ t Z, to. 00 Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 (CF=6") (Item includes lot drain, Slot Pavement, 8 Aggregate Base, residential driveway curb and gutter, and paint address.) Pull out all roots within proposed improvements 2,300 LF $ i S 00 $ ►72� boo op 9 Remove and Reconstruct Sidewalk per HB Std. Plan 207. (W=4') Pull out all roots within proposed improvements 8,000 SF $ 1-00 $ 7 2. moo. 0o Remove and Reconstruct Residential Driveway Approach Per 10 HB Std. Plan 209. ("W" Per Plan) (Item includes any Onsite Blending; does not include curb and gutter) Pull out all roots within proposed improvements 4,370 SF $ »• dO $ If ty o,o. 01D Plant new 24 Gallon Podocarpus Macrophyllus Tree with Root Barrier per HB Std. Plans 714, 716 & 718 including Arbor- 11 Gard or approved equal at base. Includes excavating 4' by 4' by 4' hole centered at new tree location and replace with Class $ g00• 00 $ Z Bf Poo- 00 A top soil. 36 EA Clear and Grub existing landscape including tree roots 24" 12 below grade, replace with Class A top soil, and install dwarf fescue sod for each address lot. (address lot includes shard parkway frontage and both parkway frontages for corner lots.) 34 EA $ °Q 00 $ 2 7� 240-00 Remove and Replace existing irrigation system for each 13 parkway per address lot. (address lot includes shared parkway frontage and both parkway frontages for corner lots.) 19 EA $ 5'00•00 $ 9, 5'Q0-00 14 Install New Curb Access Ramp per Caltrans Std. Plan A88A 2 EA $ 'Yr 000. 00 $ �� 000. 00 15 Install truncated domes to existing Access Ramp per Caltrans Std. Plan A88A 2 $ 5(20.00 $ %000.00 EA 16 Remove and replace street sign and post per HB Std. Plan 401 3 $ 0, 2.00. 0D $ 3 bo o, o p EA C-2.1 SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC-1543 OPERETTA DR. TREE PETITION No vi (Extension) 17 Remove and Replace Local Depression Per HB Std. Plan 302 265 SF $ 8. °O $ 770. 00 18 Install 3/4" PVC Pipe Sleeve for future irrigation 180 LF $ �0 °O $ /, 800, 00 19 14 Day Plant Establishment for sod 1 LS $ roo• 0U $ 5-00- 00 20 90 Day Plant Establishment for Trees 1 LS $ 'i Z70-00 $ 1 2 21 Provide 1 year Landscape Maintenance for Trees 1 LS $ 000.00 $ 2! 000.o0 22 Prepare Storm Water Pollution Prevention Plan (SWPP) 1 LS $ % S°o, oo $ S'DO, of �23 Install & Maintain Construction BMPs 1 LS $; 000,01) $ 3 000,00 TOTAL BID AMOUNT (BASIS OF AWARD) — SCHEDULE A $ 090. TOTAL BID AMOUNT IN WORDS: FVV2 "yrJne-C,0 n//N� SF�✓EnJ T��✓S.A�/� "F 1 b H -rY �LAfi—S d�it0�� Note: Refer to Section 9, Measure and Payment for description of each Item on Bid Schedule. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. (Delete this note in red for non -traffic signal projects) The City will provide the traffic signal equipment, as listed in the pole schedules, (also includes anchor bolts) to the contractor. The contractor is to pick up the materials, with its own labor, at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class DIR Number Dollar Amount % of Contract z/ 7 }{/}/LOY ANP }�RI�P'82l /NG 1.71Z E, W At:pll�o AUE SA,- 4 4-0 LI Sq t2 /9 '00AXV0>-6 6 � 000 6 D SuP�ndr Pq.�zwrw,.� r►-► R� r� 1•., 6 S G't e f-es S to 4 o S � D iy� 3 o0v v/ V 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. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. G3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on'0 1 , at GOVINA , GA Date City Stare NI(Do L. AAtAA2-,oI being first duly sworn, deposes and says that he or she is VIDE FW ID&IT of t/100 /fRije.N, rive—. 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 retrain 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. Ij I Do �'q tjw 2. tL Name of Bidder I /j /' Signature of Bidc ( j I Do i.CA Y'M e-REsnZtW , AaA LomA.cw,? ao f Address of Bidder 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 OPERETTA DRIVE REHABILITATION, (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 1-vith 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: L-1 l `� /�o I C-5 k it Do Contractor V By v V IC,F 10K SIDEA/7- Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes >(No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. G6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and 1 will comply with such provisions before commencing the performance of the work of this contract. Date: gIglAoI� C-7 \JI DAD Zk- Contractor U By qt cf PAF6 , 6(rr Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: U1 Dv -9,461692 C-Ur �nlc Bidder Name Business Address At -TA ".1 44 11) q71 City, State Zip (Jdq) To"'?-6D? V(P054M kz-7-fgt1m. CC�,U Telephone Number Email Address 1-f33)Lio A State Contractor's License No. and Class 1 z13l / 1qa��, Original Date Issued Na/3(/cola Expiration Date The work site was inspected by VWIOL, &q^M2-wW of our office on 3 2 $ S I , 2014). The following are persons, firms, and corporations having a principal interest in this proposal: y1Dv .-Twc_ C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. f> 0 Company ame Signature of Bid ►2Z► C H, Ir C. V 1 170 L- A2u GV4 Printed or Typed Signature Subscribed and sworn to before me this �bday of 2V'� , 2011 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of County of L6'a On before mYe, C,�k�1�`w��1` Month, Day, and Year nsert Name and Title of Notary personally appeared NameN. of SignerN 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 tha e/sltc ffiey-executed the same ii his-+rTrhheir authorized capacity(i&), and that by g er/their signature(s� qn the instrument the person(),. or the entity upon behalf of which the personXacted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Si ure of Notary Public C-9 � A 1 KRYSTAL MEDINA COMM. #2098976 Notary Public California - -4 LOS ANGELES COUNTY -0- My Comm. Exp. Feb. 5, 2019 (PLACE NOTARY SEAL, ABOVE) Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: I . ---" l f,, A1C SIoU,TN 1048 f1 - I Pi 1 y Sf S, GJA hArzyY9 . c!' `�lo�o Name and Address of Public Agency Name and Telephone No. of Project Manager: �( EX Gttfocc d>6•S`to-17cS7b -4 I,160 , 000 . -!:;,0 STR5cr � c HAc3 to Contract Amount Type of Work Date Completed Provide additional project description to show similar work: FrQEET' �>~�4ar��T4-�.J — OOA(-C- ra 0 he- ►QAr/t�vG (ASAIVQ /,4Ardy ;E sMtc c(T.., &F Fuamibd - 30b W. &&A,,uoW&&Tf4 FIVE , hAaF-,RDIy, C-e �Wj, Name and Address of Public Agency Name and Telephone No. of Project Manager: TL9SE ArOZ)t.VA - DIq q3F- 6Rd 3 6%, rxt. 0. s r R Ee&,t.3 16/dar6 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2S &uEA :T?W 74tt . Cc �ti � (��'�.c�..t�7FR - �� ut�'en.tnzst�R AvE• ulFasrnulTr,,e ,c,�l 4d68;j Name and Address of Public Agency Name and Telephone No. of Project Manager: -<RKE ZqI Z OQD . Dry -Ti11TE,QaT k- r�OAJ 11 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: _A!T4GNOLG4 -TAA-X&rCC rce,J C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. VI 4, L. , .4,,OA-)-t c Name of proposed Project Manager Telephone No. of proposed Project Manager: Zj b,- c?16 — -), �,14 Ft&J �� RvE tF-1 R9941, A.1,0d,t0o.voAe to tV6� t5 Project Name & Contract Amount Type of Work Date Completed ?ate M R6mav,5rM. gZW JP,O-a.ca 60^��-zE, f INW16- IQ'dotO' Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed 2. �?,e{n E � �1Beaus Name of proposed Superintendent Telephone No. of proposed Superintendent: -w"'C F1-3 mod€ Si) Project Name & Contract Amount Type of Work Date Completed F As Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Lem CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet-6.30.14.pdf DIR's Contractor Registration Link — Call (844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action 1 am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. /'J /' / ) — V I By v (&cGt 6saa)&17- Title Date: DIR #: WC0013-113 AL FIDELITY AND DEPOSIT COMPANY OF MARYLAND BOND NO: VIDSA-1862 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, VIDO SAMARZICH, INC., (hereinafter called the Principal), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation organized and doing business under and by virtue of the laws of the State of MARYLAND, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars (10% OF THE BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for the REHABILITATION OF OPERETTA DRIVE, CC-1543, in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 29TH day of MARCH, 2017. u MATTHEW R. DOBYNS, Attorney -in -Fa ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by GERALD F. HALEY, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Randy SPOHN, Matthew R. DOBYNS and Hamilton KENNEY, all of Santa Ana, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 5th day of April, A.D. 2016. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND ")( i C, SEAL «. „'► Ku ryes 1 Secretary Vice President Eric D. Barnes Gerald F. Haley State of Maryland County of Baltimore On this 5th day of April, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, GERALD F. RALEY, Vice President, and ERIC A BARNES, Secretary, of the Companies, to me personally (mown to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. `\\,1111111,1 'l/llll 111 l\\\ Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA-F 012-3955A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA County of ORANGE � I On 9Aa� v v 1� before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared MATTHEW R. DOBYNS ® 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 fies), 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. ERIKA GUIDO IP COMM. # 2022671 WITNESS NOTARY PUBLIC CALIFORNIA o ORANGE COUNTY ^' 0My Comm. expires May 5. 2017 Q hand and official seal. ture Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT