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Bannaoun Engineers Constructors Corp. - 2013-05-20
®�A.j &City of Huntington Beach INTER -DEPARTMENT COMIV MUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: David Verone, Contract Administrator / DATE: 11 /7/2013 SUBJECT: Retention Release Payment Company Name: Bannaoun Engineers constructors, Inc Address: 9614 Cozycroft Avenue City, State and Zip Code: Chatsworth, CA 91311 Phone Number: (818) 775-40 Business License Number:A278879 Local Address: N/A Notice of Completion Date:10/9/13 Contract Purpose: CC1438 Hanover Lane Street RehabilitatioN The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the ate ;ni / Travis K. I certify that there are no outstanding invoices Date is time. kins, Public Works Director file. Joyce Acks(, geputy City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. „ /a 3 D to IJ6an Flyn ity Clerk Retention_Release_Payment rev 2-9-11.doc 11/8/2013 9:52:00 AM Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: GC, 143B Project: w4ron0Vr l-aC,me. S ; The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit -requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this ZS'� day of dc-AD gee , 204, atC f Ja_J& hLOA/j , California. (Type Contractor Name By: Name: [Type Name] Title: [Type Title] �� �. etc RA CTi'Y AMRMY "-t Lam' 03.3b - 01'0 247542.1 CONTRACTOR'S CIIRTI-'ICATh I, OrnAL-'r-_ , state and certify that: (Name of Declarant) 1. ��.,,4 ��,=t—o�i.oce.� s�rr� is the general contractor to the City of �~'� " Huntington Beach ("City") on Contract No. C.G L�'.3_.the "Contract �_ for the construction of the public work of improvement entitled: (the "Project'). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at 5wo 1, ��+'ia✓n;� on this 2 day of ,,20J (Signature of Declarant) APPROVED AS TO FORM By: q11-7lb Name: [Type Name] Title: [Type Title] 14$914.t Certification of Compliance with Title Vff of the Civil Rights Act and ]Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract:' Project: crn a LQ�'er� The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 2 8 �' day of G +�-r ,20, at G a ,California. 5ar�i'1�2�i (7�pe Contractor Name) By: tAName: [Type Name],Title: [Type Title]tNEi' * 2d5M1.1 RECEIVED BY: (Name) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating - a - 'CITY OF I' BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk, DATE: J SUBJECT: Bond Acceptance I have received the bonds fo Av,4vuIJ 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) Approved (Council Agenda Item No. City Clerk Vault No. �� SIRE System ID No.��' r: Bond No. 5160683 Executed in 2 Counterparts MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That: Bannaoun Engineers Constructors Corp. 9 P {contractor's name] 9614 Cozycroft Avenue, Chatsworth, CA 91311 [contractors street.address, city and state and zip code] as Principal (hereinafter called Contractor), and: SureTec Insurance Company [surety's name) 3033 5th Avenue Ste 300, San Diego, CA 92103 [surety's street address, city and state and zlp code) a corporation organized and existing under the laws of the State of Texas with its principal office in the City of Houston as Surety (hereinafter called Surety), are held firmly bound unto CITY OF HUNTIN.GTON BEACH as Obligee (hereinafter called -Owner), In the amount of Four Hundred Eighty Nine Thousand and No/100 Dollars ($ 489,000.00 1; for the payment whereof Contractor and Surety, bind themselves,their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, WHEREAS, Contractor has by written agreement dated May 20, 2013 entered into a contract with Owner for the CC-1438; Rehabilitation of Hanover Lane Project in accordance with drawings and specifications prepared by Joseph Fuentes P.E. and Approved by M. Todd Broussard. which contract is by reference made a part hereof (hereinafter referred to as the. Contract); and WHEREAS, the Contract provides that the principal will guarantee, for a period of one year, the work performed as part of the Contract from and against all defects in materials and workmanship; and WHEREAS, the Contract also provides that the Contractor shall secure Contractor's. obligations during the one- year period with a bond executed by a surety duly admitted in the state of California; and WHEREAS, the Contract has been completed', and the Owner, Contractor and Surety agree that the commencementdate for this Guarantee and Bond shall be October 4 2013. 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, andlor replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shall be null and void; otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made `by'the Owner. Whenever Contractor shall be; and declared by Owner to be in default under, the Contract, the Surety shall, within thirty (30) following Owner's written notice of default, either: (a) remedy the default,. or (b) shall promptly cmmnlete the Contract in accordance with its terms and conditions. Surety shall save the Owner harmless from any claims, judgments, liens or losses arising from the Surety's failure to either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner. Whenever the Principal shall be, and declared by the Owner to be in default under the Contract, which shall include without (imitation, 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 sufficient funds to pay. the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder, provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance- written approval of the Owner. Within thirty (30) days after. Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, it shall be the duty of the Surety to. give to the: owner'a notice, in writing, of the Surety's election to (a) remedy the default(s) of the Principal promptly, or ,(b) arrange fior performance of the Contract promptly by a contractor other than the Principal, time being of essence, to this Bond. Im said Notice of Election, the Surety shall state the date of commencement of its cure or remedy of the Principal's defauit(s),or its performance of the Contract, The Surety's obligations for cure or remedy, include but are not limited to, correction of defective work :and completion of the Contract, additional legal, :design professional and delay costs arising from Surety's actions or failure to act; and liquidated damages (or if no liquidated damages are specified in the 'Contract,. actual damages caused by delayed performance or non- performance by the Principal): The Surety shall give prompt written notice to the Owner upon completion of the.cure or remedy of the Principal's default(s) of its performance of the Contract. If the Surety does issue its Notice:of Election and does not proceed to cure. or remedy the Principal's default(s) of its performance of the Work within thirty (30) days after receipt of a written notice from Owner, Surety shall be deemed to be in default on this bond, and the Owner shall be entitled to enforce any remedy; available to Owner, No right,.of action shall accrue on this bond to or for the use.of any person or corporation other than the Owner named herein or the successors of Owner. Signed and sealed this 28th day of. — Principal Raised Corporate Seal [MUST BE AFFIXED] Principal Raised Corporate Seal [MUST BE AFFIXED) NOTES: 1. Acknowledgments must be completed. and returned as part of the bond. I Raised Corporate seals are mandatory, 3. Please attach Power of Attorney. October zg 13 Bannaoun Engineers Constructors Corp. (Contractor Name) By �ON� ,- (Seal) TrCsi�er�} (Title); SureTec Insurance Company. (Surety Name) By: (Seal) William rl ' ,Attorney -in -Fact VED AS TO F0 M �Gx�,Tx; ey Ax POA #: 510015 Sur°eTec Insurance Company LLMTED POWER OF ATTORNEY Know All Men 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 William Syrkin, Richard Adair, R. Haas -Bates 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 ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 10i31/2015 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 Attorney -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 sea] 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 20"' 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 21 st day of March, A.D. 2013. JMJUIOi 44i SURETEC INSURANCE COMPANY 0' 0RANc `4,y ............. ON X q By: r Iw w i y John 4n zJr.President State of Texas ss: 7�•, County of Harris On this 21st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, 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 sea] 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. n JACQUELYN MALDONADO Notary Public Stale of Texas My Comm. Exp. 5/18/2017 Jacq'{ielyn 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 28th day of October 2013 , A.D. Bre tWAssistant,ry Anyinstrument 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. • �e Wit!%:�<!c�t!:ec.�t ct�..r�•tr.�tr�t �,�:ctl:�r�-.�el:�t _ :�-.�e .�t.�..c�-..t �t � Tt�-..e . � t.�..e �r�-.�t.�.�e �rr.�e er..�r c a.:�e!:.r �t �e s t c e��r!':�e!; State of California County of Orange On 10/28/2013 before me, R. Paramo, Notary Public Date Here Insert Name and .Title of the. Officer personally appeared William Syrkin Names) of Signer(s) R. PARAMO ,f`F,.... Commission # 2035890 z ® Notary Public - California z Orange County D My Comm. Expires Au 5, 2017 Place Notary Seat Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ate, subscribed to the within instrument and acknowledged to me that he/sey executed the same in his/weir authorized capacity(ieg), and that by his/''—'''r,arri� signaturets) on the instrument the person*, or the entity upon behalf of which the person(s} acted, executed the instrument. I certify underPENALTY OF PERJURY under the laws ItheT' 'that the foregoing paragraph d officia seal. ignature of'Notary Public OPTIONAL Though this section is optional, completing this information can deter.a/teration of the document or fraudulent reattachment of this form to an unintended document: Description of Attached, Document Title or Type of Document: Maintenance Bond -Bond No. 5160683 Document Date: 10/28/2013 Number of Pages: Two (2) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: William Syrkin ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ElAttomey in. Fact ❑Trustee ❑ Guardian or Conservator ❑ Other: Signer's Name; • Corporate Officer— Title(s): ❑`Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer Is Representing: SureTec Insurance Company L4�L4�✓4\✓'•\ �.�%4\�!4�,4�-4�✓4\✓G\L4�:�✓:`.4\✓4�'✓.C\✓4\'✓,4\�:�'!:\!4�'!4\�4\�4\���✓4\✓4\'!4\'�4�-'��:�.4V 4\t!4�✓4�.4`.4�'::\�.4\✓_ 4�✓4��4�.4�✓,4�.4\�:�✓.4- CALIFORNIA O_A ALL-PURPOSE PO - ACKNOWLEDGMENT STATE OF CALIFORNIA County of Los Angeles On 10/28/2013 before me, Nancy Boules, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Omar Maloof Name(s) of Signer(s) Im NANCY BOULES Commission 4t 2025898 e� Notary Public - California a Los Angeles County My Comm. Ex Tres May 24. 2017 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person* whose names} isAife subscribed to the within instrument and acknowledged to me that he/sbeAhey executed the same in his/hef4heif authorized capacityfies} and that by his he signaturefs) on the instrument the personks- or the entity upon behalf of which the person f 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 se. I._ Signature ti._Si4fiature Notary Public; k Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Maintenance Bond - Bond No. 5160683 Document Date: 10/28/2013 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Omar Maloof ❑ Individual 9 Corporate Officer — Title(s): President ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Bannaoun Corp. Number of Pages: Two (2) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CONSENT OF SURETY TO REDUCTION IN OWNER OR PARTIAL RELEASE OF RETAINAGE ARCHITECT Conforms with the American Institute of CONTRACTOR Architects, AIA Document G707A Bond No.: 5160683 SURETY Executed in 2 Counterparts OTHER ❑ ❑ ❑ El ❑ TO OWNER: ARCHITECT'S PROJECT NO: CC- 1438 (Name and address) City of Huntington Beach 2000 Main Street CONTRACT FOR: Rehabilitation Huntington Beach, CA 92648 PROJECT: CONTRACT DATED: May 20, 2013 (Name and address) C-1438; Rehabilitation of Hanover Lane Project Huntington Beach, CA In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insert name and address of Surety) SureTec Insurance Company 3033 5th Avenue Ste 300, San Diego, CA 92103 , SURETY, on bond of (Insert name and address of Contractor) Bannaoun Engineers Constructors Corp. 9614 Cozycroft Avenue, Chatsworth, CA 91311 ,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 of Owner) City of Huntington Beach 2000 Main Street Huntington Beach, CA , OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: October 28th, 2013 (Insert in writing the month followed by the numeric date and year.) SureTec Insurance Company (Surety) (Signature of au or' d representative) Attest: William Sorkin. Attorney -in -Fact (Sea t: (Printed name and title) S-2133/GEEF 12100 FRP POA#: 510015 SureTec. Insurance Compan POWERLIMITED O• Know All Men 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 William 9yrkin, Richard Adair, R. Haas -Bates 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 ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/2015 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 Attorneys) -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 Attorney -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 20" 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 21 st day of March, A.D. 2013. URANcF, SURETEC INSURANCE COMPANY - By: w; u, D= John Nnox J . resident State of Texas ss: ems.. County of Harris i On this 21st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, 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. JACCUELYN MALDONADO MAW Notary Public State of TexasA / j My Comm. Exp.5/18/2017 Jac(]{llelyn 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 28th day of nctoher 2g_ , A.D. Bre t Beaty, Assistant k-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 ar CU,-.-'�: { s Cr�f/:�Ci:\t.. .�R�.•� c:S!�": �t�t+2.:^.at.s:.t..�..e,.4.-.�:.�.\< �4�t a•.:�tr-+\��.\t �.'�-.\�C.-•-.t�C ta-.�<i;�tl�\Q�C.-.\�t�c.�".�. t!�t�t!:\i!:�t �C! State of California County of Orange On 10/28/2013 ©ate personally appeared Willi before me, R. Paramo, Notary Public Here Insert Name and Title of Ihe Officer i R. PARAMO : Commission # 2035890 z :F:°°� :1, Notary Public - California z Z 0 Orange County MY Comm. Expires Aug5, 2017 Place'Notary.Seal Above of Signer(s) who proved to me on the basis of satisfactory. evidence to be the person (a) whose name(s) is/a+. subscribed to the within instrument and acknowledged to me that he e404ey executed the same in his/l3er, air authorized capacity(ies), and that by his/ erftI-ttir signature(t on the, instrument the person4,, or the entity upon behalf of which the, persona) acted, executed the: instrument. I certify under PENALTY OF PERJURY under the laws of the St forma 'tat the foregoing. paragraph is,tr and cc ct. W MESS rtiy hand ricl official eaL Sgna 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;Attaehed ©ocumer-#onsent of Surety Title or Type of Document. Release Retention Funds Bond No. 5160683 Document Rate: 10/28/2013 Number of Pages: One (1) Signer's) Other than Named. Above: Capacity(ies) Claimed by.Signee(s) Signer's Name: William Syrkin Signer's Name: • Corporate Officer — Title(s): 0 Corporate Officer — Title(s): • Partner— p Limited F-1 General 0-Partner:— 0 Limited O General CT individual EjAttorney in Fact 0 Individual O:Attorney in'Fact Cl Trustee O Guardian or Conservator 0 Trustee 0 Guardian or Conservator O Other: O Other: Signer Is Representing: Signer Is Representing: SureTec Insurance Company (+iubt✓.i\✓.' 4�4\'✓4"vb`e/4�!iyb\'✓-4'.+F.�+✓,.�4\./,:�✓4\�4\�4`.4U1S4'-`ib�.bd.:\+!4�.4\`'!4�ybti..:�4'✓444�: 'e"3`./�.:fr yf.. Sr 20t� National Notary Associatilpq:e www. WionalNbta�y.brg 1-800-US NOTARY (1 -800-876- 6827) Item 45007 CALIFORNIA N 1 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Los Angeles On 10/28/2013 before me, Nancy Boules Notary Public Date Here Insert Name and Title of the Officer personally appeared Omar Maloof Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is,'are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/he„their authorized capacity(Fesr and that by his/!cmrAheir signature(s) on the instrument the rA FANCY BOULES person(s)7 or the entity upon behalf of which the person(s) Commieslon * 2025M acted, executed the instrument. • Notary Public - Calitaaia Los Angeles County I certify under PENALTY OF PERJURY under the laws of MY Comm. Ex fires Ma 24, 2017 i the State of California that the foregoing paragraph is true and correct. Witness my hand,And'official seal.. max, l?r. �N.._ Signature—', Place Notary Seal Above Signatur of Notary Public J OPTIONAL L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Consent of Surety, Release Retention Funds Bond No. 5160683 Document Date: 10/28/2013 Number of Pages: One (1) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Omar Maloof ❑ Individual i� Corporate Officer — Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Bannaoun Corp. Signer's Name: ❑ Individual ❑ Corporate Officer Title(s)— ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: l� REGEI.VED BY: _ L(Name) J �, (Date) e TO: City Treasurer FROM: City Clerk / DATE: SUBJECT: Bond Acceptance have received the bonds f064 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. r' CC No. i MSC No. Other No. gJforms/bond transmittal to treasurer CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating (Company Name) Approved, /. (Council Approval Date) Agenda Item No.�f� City Clerk Vault No.% SIRE System ID No. �7/ ,J PLEASE COMPLETE THIS INFORMATION This Document was electronically recorded by City of Huntington Beach RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: David Verone P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1111111111111111111111111111111111111111111111111 JillNO FEE 2013000576724 02:12pm 10/09/13 276 404 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Bannaoun Engineers Constructor, Inc. who was the company thereon for doing the following work to -wit: HANOVER STREET REHABILITATION, CONSTRUCTION CONTRACT-1438 That said work was completed October 4, 2013 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on October 4, 2013, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract SURETEC INSURANCE COMPANY was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this October 8, 2013. 0,671re -to r of Public Works r City Engineer City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true- of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this October 8, 2010�ector of Public Works or City Engineer This document is solely the official business of f Huntington Beach, California the City of Huntington Beach, as contemplated under Government code section. 6103 and should be recorded free of charge. THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RECEIVED'BY- (Name) (Date) TO: Shari-Freidenrieh, City Treasurer FROM: DATE: /5��7� SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved =54461�,I�- (Council Approval Date) 0 (Company Name) )P, -3 C-, Agenda Item No. City Clerk Vault No. CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signinWdating 74P #27 gAollowup/bondletter.doc CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BANNAOUN ENGINEERS CONSTRUCTORS CORP FOR REHABILITATION OF HANOVER LANE TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 7 10. INDEPENDENT CONTRACTOR 7 II. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 11 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 14 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 16 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 17 26. NON -ASSIGNABILITY 17 27. CITY EMPLOYEES AND OFFICIALS 17 28. STOP NOTICES 17 29. NOTICES 18 30. SECTION HEADINGS 18 31. IMMIGRATION 19 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 19 33. ATTORNEY'S FEES 19 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 20 36. DUPLICATE ORIGINAL 21 37. CONSENT 21 38. SURVIVAL 21 39. MODIFICATION 21 40. SIGNATORIES 21 41. ENTIRETY 21 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BANNAOUN ENGINEERS CONSTRUCTORS CORP FOR REHABILITATION OF HANOVER LANE THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Bannaoun Engineers Constructors , 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 Rehabilitation of Hanover Lane in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or g/agree/surfneUcityconst 1 of 22 12/11 be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; g/agree/surfnet/cityconst 2 of 22 12/11 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/surfnet/c i tyconst 3 of 22 12/11 "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed four hundred eighty nine thousand Dollars ($489,000.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within sixty (60) 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 g/agree/surfnet/cityconst 4 of 22 12/11 necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the 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 g/agree/s urfnet/c i tyconst 5 of 22 12/11 promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, g/agree/surfnet/cityconst 6 of 22 12/11 material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of five hundred Dollars ($500.00) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair g/agree/surfnet/cityconst % of 22 12/11 compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of 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 g/agree/surfnet/cityconst 8 of 22 12/11 shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of. (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. g/agree/surfnet/cityconst 9 of 22 12/11 B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 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 g/agree/surfnet/cityconst 10 of 22 12/11 amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. 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 a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the g/agree/s urfnet/c ity const I I of 22 12/11 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 CONTRACTORS affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTORS property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone g/agree/surfnet/cityconst 12 of 22 12/11 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 1616M I Ka- MW • 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. g/agree/surfnet/cityconst 13 of 22 12/11 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney g/agree/surfnet/cityconst 14 of 22 12/11 evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. g/agree/surfnet/cityconst 15 of 22 12/11 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, g/agree/surfnet/cityconst 16 of 22 12/11 and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of g/agree/surfnet/cityconst 17 Of 22 12/11 One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: David Verone 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: Bannaoun Engineers Constructors Corp 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 g/agree/surfnet/cityconst 18 of 22 12/11 describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction g/agree/surfnet/cityconst 19 of 22 12/11 to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. g/agree/surfnet/cityconst 20 of 22 12/11 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 41. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that parry or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, g/agree/surfnet/cityconst 21 of 22 12/11 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on �,//4'�% � 20 . CONTRACTOR Bannaoun Engineers Constructors Corp By: print name ITS: (circle one) Chairma residen ice President AND By:CD Yv% INITIATED AND APPROVED: 4X Director of ubl c Works REVI4EY) AND APPROVED: pr ITS: (circle one) Secretary/ hief Financial Officer/Asst. Secretary - Treasurer g/agree/s urfnet/c itycon st 22 of 22 12/11 Manager ROVED AS TO FORM: V Y 1� City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of L.OS i8re 1 C5 On O V 0 7/20 /3 before me, M CLn —I e Fbr VVt,—i+'�� (\6&" Date Here Insert Name and Title of the officer personally appeared &F MICHELE ETYEMEZIAN Commission # 1975083 Notary Public - Catifonft Los Angeles County 16110y Comm. Ex iris A r 14 201fi 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 S Signature Place Notary Seal Above p/ Signature of ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: -Any em0,4 Document Date: 06/0 7 12013 Number of Pagesmwsn Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Qr 6-,V- tlkU ' ❑ Individual NOIC—orporateOfficer —Title(S):Pr�ld "Sa^ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ° ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing 13v.r,r,aoun �rP• Signer's Name: ❑ Individual ❑ Corporate Officer Title(s) _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here SECTION C PROPOSAL for the Pavement REHABILITATION OF HANOVER LANE from FROM MCFADDEN AVE. TO END CC No. 1438 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 10% b;jj n the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE Item �Vo : Tsfi Ti�1C(i:: Quantify ;::::::::::::::::::::::::::;::::.:::::::::::::: Bid Item Descriptsan .... ... :::::.:.:: .Uni...... e . IF1EIlIie(� .. moant.::: . 1 1 LS Mobilization Lp $y IO $�, 2 24 EA Construct Curb Access Ramp per Caltrans Std. Plan A88A. (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, slot pave, etc.) ,gyp $ /7001 $ qo4 soo4— 3 1000 `j'N Construct 0.12' thick PG-64-10 AC overlay across roadway surface d© $'7q.— $ 71 000, 4 88800 Furnish and Install Petromat across roadway surface �o 5 9 EA Adjust Sewer Manhole to match new finished surface $ 3[y:' 00 $2,75'Oi�I 6 47 EA Adjust Sewer Lateral to match new finished surface 00 $ ou $ 7 21 EA Replace and adjust Water Valve Cover to match new finished surface $ Z 70, ' $ 7 %©e 8 61 EA Replace water meter box frame and cover with City furnished box and cover to match new finished surface 00 $ Sd "" 00 $ 9 6800 SF Cold Mill 0.12' thick adjacent to side streets and transverse joins and taper to zero VNIO 0, Z �0 $ 1700 ,-' 10 31270 SF Cold Mill 0.12' thick and taper to zero, 7' width from gutter edge 2,0 $ ®. - $ C-2.1 PROJECT BID SCHEDULE Item ............. .e. T:Ai:airiati.ty « ::.. , :::::::::::::. : :..... ...................:::::::::::::::::::::::......: ........................:....... .. :.:..ir.e.. .'... ::....Item:D ..:UnPie:: :.:..x.:#.:e:n:>&:d ;. .<d mu 11 21520 SF Surface Grind existing pavement 0.12' thick 7, 7 $ ©° 20 $ ,S: 2[Z. 12 1000 LF Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 (CF=6"). (Item includes lot drain, slot pavement, aggregate 5'0 $ 27, $ 7 -00- base, residential driveway curb and gutter, and painting addresses) 13 3430 LF Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 (CF=8"). (Item includes lot drain, slot pavement, aggregate $ 23. 46057. $ YO base, residential driveway curb and gutter, and painting addresses) 14 18000 SF Remove and Replace Sidewalk per HB Std. Plan 207 (W=4'). (Item includes fire hydrant pad in parkway) i 15 7050 SF Remove and Replace Residential Driveway Approach per HB Std. Plan 209. ("W" per plan)(Item includes onsite blending; d S $ 3 .— $ 227 does not include curb and gutter) 16 5200 SF Remove and Replace Residential Cross Gutter per HB Std. Plan 205. (Item includes lot drain, slot pavement, aggregate base, $ z s�" p� QD. residential curb and gutter, and painting addresses) 17 62 EA Clear and Grub existing landscape including tree roots 24" below new finished surface, replace with Class A top soil, and 20 $ E " o - $ 6 Too: plant dwarf fescue sod for each address lot. (address lot includes shared parkway frontage and both parkway frontages for corner lots.) 18 37 EA Remove and Replace Irrigation for each parkway per address lot. (address lot includes shared parkway frontage and both frontages �p $ ��7 -1" ` $ 150t 3l S• for corner lots.) 19 1 90 Day Plant Establishment for turf e m , 20 1 LS Traffic Control per Specification w C-2.2 PROJECT BID SCHEDULE :Item::: Estiin*ated>Ezten�le Biel :Item besci :tiQn: To::: :: u:a::nti . .. . .. :: Unit:Price:: :: ;:Amount::: Y................................................... ....................................... 21 1 Remove and Replace Traffic Striping in kind ;A2- o� LS $ 5, SOO, $ S, 5-00;— Total Amount Bid in Figures: $ 118 6)pD. o a Total Amount Bid in Words:--- - -- �p� v4 ),reo� ,t,�� n :tie --------------------------------------------- - - - - C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract 3/ l�! 7 �-! l �{ ✓v� a2t� 1 cwi A) � hp 1 -1- Co -o m ) C, ' q2,9 !3 Z� 70� 3 nn f7 + 1 ®5/' 5110, ` ea 1. 21, 8C -TAR � C, � AC - or^ V. g286 S. 877686 C-32 D-� 1 4 s, soo"�-1, 2y. 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,9z2 i3 , at C-.44kwoefA , CA Date City State 0 f" O+X' M6k Lgq- , being first duly sworn, deposes and says that he or she is Pre 5i Jane of Dan n he party making the foregoing bid that the bid is not made in the interest o , 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. Banriowt4n (fWP, Name of Bidder Signature of Bidder qw-f Cozq�F,- Ave.- ��s�r%� , 44 11311 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 REHABILITATION OF HANOVER LANE, (I)(a)O 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: d 4,12 212 o f 3 Contractor By Title 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. f:b v- e>0-n n c>(k r) P C-6 COMPENSATION INSIJI2ANCE 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: 04 f27-12-0%3 Contractor By Pines i el en+ Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: r�cie>c.�n �•-� i�f7e'�rS Cann-c-. etc -om Core, Bidder Name '5�6 t4 6DzYCvpj A,1Ve PtA-e. Business Address City, State Zip osh$) i75 oo46 Telephone Number 6Z78 z-"-2 A, B State Contractor's License No. and Class Original Date Issued 3y / Z.o/3 Expiration Date The work site was inspected by W&)', '- i Si'mkth n of our office on 0!Yj /'9/ Z0/3, 2013. The following are persons, firms, and corporations having a principal interest in this proposal: SAIA664 K. !Q,1is6 n nde4 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. 13a yl mmo eta► Company Name Signature of Bidder Printed or Typed Signature nj Subscribed and sworn to before me thisZ? day of qp,;L , 2013. NOTARY PUBLIC M j (: k e l ie NoL-Y f uLVi C . ( See AtAr..6d NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: C, Y Name and Address of Public Agency Ell Name and Telephone No. of Project Manager: �Wn n 1A & Z 3; 718 161 Aoc'd "/O" e 6- f ,3 Contract Amount Type of Work Date Completed 2. Los l kn6 e I -es "rA Name and Address of Public 3. Name and Telephone No. of Project Manager: AU, Dan a (6 Z6) 48—z-- Z73 Z 316 Contract Amount Type of Work Date Completed Name and Address of Public Agency 24 q 7 Name and Telephone No. of Project Manager: z9 Contract Amount Type of Work Date Completed C-9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of L&S C1e5 On-41ZZIZ-®l3 beforeme, ml"C���� �eme21r,'n Date Hete Insert Name and Title of the Officer personally appeared ~� MICHELE ETYEMEZIAN Commission #r 1975083 Notary Public - California Los Angeles County M Comm. Ex Tres A r 14, 20f 8 ------------- Place Notary Seal Above Name who proved to me on the basis of satisfactory evidence to be the person{@) whose name( is/.aye subscribed to the within instrument and acknowledged to me that he/€haAhey executed the same in his/her/their authorized capacity(*4, and that by his/Heir signature(@) on the instrument the persor*, or the entity upon behalf of which the person(@} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Signature of otary Public OPTIONAL pg � OP i ONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: B j e v s In 4: s, vnc ►on C&A ac.9- Document Date: 4 ! 4Z1 2 -0 / 3 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: nrnriu - MAttyF ❑ IDclividual Corporate Officer — Title(s): e-esi Jen ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Where ❑ Guardian or Conservator IMTopof thumb ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate officer —Title(s)_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here ENGINig37S00NSTRLCT0RS Corporation G , ERALENC Q' GCONTRACTORS GETERAL BUILDING CONTRAcToR_- CONSULTWG El`KNEERS License #: A, B, 827829 A Tradition of Excellence in Design and Construction April 23, 2013 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Rehabilitation of Hanover Lane Project No. CC -1438 To Whom It May Concern: 9614 Cozycroft Avenue Chatsworth, CA 91311 Tel: 818.999.0394 / 818.775.0040 Fax: 818.999.0395 / 818.775.0050 e-mail: bannaouncorp@yahoo.com In accordance with this proposal for the above mentioned project, Bannaoun Engineers Constructors Corporation, is driven to stand by and willing in a good faith effort to offer and to utilize Disadvantaged/Underutilized Minority Business Enterprises and Small Business Enterprises not just to meet, but even exceed business standards and local and federal goals as well as the incorporation of any new qualified colleagues that fall under Section 3 criteria. Please be aware that any additional required documentation and information, for subcontractors as well as our company will be provided as soon as requested. Please feel free to contact us as soon as the apparent lowest bidder is established in order to complete the necessary documentation to follow through with the award process. As always, Bannaoun Engineers Constructors Corporation is looking forward to work with your agency very soon with the above mentioned project or any project in the near future. Sincerely, Omar Maloof Bannaoun Engineers Constructors Corporation BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Bannaoun Engineers Constructors Corp. as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 1330 Post Oak Blvd. Suite 1100, Houston, Tx 77056, as surety, hereinafter called the "Surety," are held and firmly bound unto City of Huntington Beach as obligee, hereinafter called the Obligee, in the sum of Ten Percent ( 10 %) of the 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 Rehabilitation of Hanover Lane Project No. CC-1438 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 SureTec - Bid Bond Uncapped.doc Rev 1.1.06 19th day of April , 20 13 Bannaoun Engineers Constructors Corp (Principal) BY: - TITLE: pr ems° drn SureTec Insurance Com an BY: William Syrkir A ney-in-Fa POA #: 510015 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men 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 William Syrkin, Richard Adair, R. Haas -Bates 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 ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/2015 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 20'h 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 21 st day of March, A.D. 2013. „ K,pWINIUN"p4 � SURETEC INSURANCE COMPANY By: w s w ! >= John I oz Jr. resident State of Texas ss: ��; 1 r' County of Harris •........... �amnm*M`"•�` On this 21 st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, 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. �1'9X PUBi, JACOUELYN MALDONADO Notary Public VVV State of Texas My Comm. Exp, 5/18/2017 Jacquelyn. 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 19th wday of April 2013 , A.D. . Bredt Beaty, Assistant Secretary 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 ACKNOWLEDGMENT STATE OF CALIFORNIA County of Los 9rn4e t�s On 412-7-%Z,0/3 beforeme, Mick.e) ��`l"e�+,>;z"R�-, y l�041,y 1 Date ere Insert Name and Title of the Office personally appeared Q me al MaLaor Name(s) of Signer(s) IMCHELE ETYEMEZIAN Commission � 19T5083 Notary Public - California Los Angeles County Comm. Wim AC 14 2016 who proved to me on the basis of satisfactory evidence to be the person(s) whose nameEs) is/ae subscribed to the within instrument and acknowledged to me that he/sley executed the same in his/heO&4&w authorized capacity(io&), and that by his/her/their signature(e) on the instrument the person(e), or the entity upon behalf of which the person(*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signature of ota Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 13 ¢ gA B or) Document Date: -4 /Z 2/ 4-013 Number of Pages: On,&. ( 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: f3nn cxnr Ma L<X;, F ❑ Individual %,,P�Corporate Officer—Title(s): -resider, F ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Bctnm.mon Cep , Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 19-4111 >`�C;s� ,cays�.> •�3;E�c -3S vs�C,,=v.�t�TS;v�S;iiv� 3,11t _ 014 State of California County of Orang( On 04/19/2013 Date before me A. Wilkison, Notary Public , Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(s) A. WILKISON Commission # 1866283 Notary Public -California z Orange County My Comm. Expires Sep 26, 201 3 Place Notary Seal Above 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/shecftttey executed the same in his/WmAh94 authorized capacityNes), and that by his/He644eir signature(.&} on the instrument the person(s}, 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. Signature DO QO_000 Signature of Notary Publ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 04/19/2013 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin ❑ Individual Corporate Officer — Title(s): — Partner — ❑ Limited ❑ General 7 Attorney in Fact D Trustee Guardian or Conservator Other: Signer Is Representing: SureTec Insurance Company R[GHT THLV IBPFW4T OF SIGNER. Number of Pages: One (1) Signer's Name: El Individual ❑ Corporate Officer — Title(s): _ 01 Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee El Guardian or Conservator ❑ Other: Signer Is Representing R$GW3 T�i€fC+iBPRIiiT or stogy. 02007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 -Chatsworth, CA 9t 313-2402• www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-80o-876-6827 Bannaoun Engineers Constructors Corp 9614 Cozycroft Ave Chatsworth, CA 91311 s� '14�Xwl 5 Y k �• l F "SEALED BID" for REHABILITATION OF HANOVER LANE PROJECT NO. CC - 1438 in the CITY OF HUNTINGTON BEACH BID DATE: APRIL 23, 2013 AT 10 A.M. 3}$ VVII-117-e7510, CITY OF HUNTINGTON BEACH IIANOVEI2 L. NEJON THE EDTION--�LIST kit A, NQ -A 1438 - , ;V1 4BID, 'OPENING ' -DATE. -AUGUST23 2013 b ENGINrW&EST 006 BIDS I S SUBMITTED (AS5READ WOPENIN . . . . . . . . . . . . . . . . . . . . . � I I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............... NAME : . . . . . . . . . . : ......... ...... RAN K:::APPARENT:. . . . . . .S1.D AMOUNT��: 1 All American Asphalt, Corona, 2 Excel Paving, Long BeacVl- 3 GSCI.,Placen ia 4 Hardy. and:-Harper.Santa .,Ana,- 5 Nobest, WestmiqsW,fi ,,, 6 RlNobliKOr66cie: 7 S,606&, Santa Fe Springs 8 §hawnari,:DoA6y' �f 9 SullyMiller, Brea 10 7 7, Ted Enterprises, SanCleme jk v,ate 12 13 Sho 14 15 16 s. 17 18 19 20 k: 21 22 Bid Opening Worksheet.xis CITY OF HUNTINGTON BEACH BIDS SUBMITTED (AS READ AT OPENING) 13t6[lER'fi EN 1ME 12/iNK 1kppAi2E111T D.AMMJNiT 1 All American Asphalt, Corona O(Jv 2 Excel Paving, Long Beach. 3 GSCI, Placentia 4 Hardyand Harper, Santa Ana 5 Nobest,_Westminster.: 3 QQQ 6 RJ Noble, Orange V 7 Sequel, Santa Fe Springs' 8 Shawnan, Downey 7 1 © oto 9 Sully Miller, Brea ,e7 -e.0 7 10 Ted Enterprises, San Clemente 11 ✓L: oid VLlPIZ l97D • D G% 12 ?'t�5-fr'✓1- 13 14 15 16 17 18 19 20 21 22 Bid Opening Worksheet.xls RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON REACH INTERDEPARTMENTAL. COMMUNICATION TO: , City Treasurer FROM: �TLi DATE: SUBJECT: Bond Acceptance I have received the bonds for 4�4AW Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved (C uncil Approval Date) j (Company Name) P1 Agenda Item No. City Clerk Vault No #27 g:/followup/bondlefter.doc Bond No. 5160683 Premium is included in the performance bond PAYMENT 13®ND Executed in 2 Counterparts (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to Bannaoun Engineers Constructors Corp. 9614 Cozycroft Avenue, Chatsworth, CA 91311 (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: CC-1438; Rehabilitation of Hanover Lane Protect (project tide) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and SureTec Insurance Company 3033 5th Avenue Ste 300 San Diego CA 92103 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of Four Hundred Eighty Nine Thousand & 00/100 dollars, ($ 489,000.00 ), 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. 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, 2n5841 PAYMENTBOND Page 1 of 2 Bond No. 5160683 extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been 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 6, 2013 ATTEST Bannaoun Engineers Constructors Corp. (Corporate Seal) (Principal Name) ATTEST (Corporate Seal) (Attach Aitomey-in-Fact Certificate) By: Name: vv% Its: SureTec Insurance Company (Surety Name) By: Namei-Williarn Syrkin (Signature of AttorheKiryE ct for Surety) 6( 19) 400-4100 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By 1►1{ ennifer M rath L3S�� S�bb City Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authc* of any person signing as attomeydn-fact must be attached 277589.1 PAYMENT BOND Page 2 of 2 POA #: 510015 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men 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 William Syrkin, Richard Adair, R. Haas -Bates 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 ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/2015 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 Attorney -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 21 st day of March, A.D. 2013. �µ00nnnNnN,N,�i SURETEC INSURANCE COMPANY �ANCF�, OA SVPX.... ry O ,. O B ul tult�! y John I /Ox Jr resident w sGi 5 Z. State of Texas ss: � `•., d f Y County of Harris s ••r On this 21st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, 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. (WE mExp. O17 Jac4fielyn 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 6th day of May 2013 A.D. . Breit Beaty; Assistant Secretary 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 6:00 pm CST. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA Coun of L-05 Anselts On d 6'/0 7/ Z013 before me, t i C.VNe t -P- NO y f wi-It i t Date Her Insert Name and Title ol the Officer personally appeared LE ETYENIEVAN Commission #t 1975083 Notary Public - California Los Angeles County M Comm. Explim Apt 14.2016 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persona) whose name{e) is/as6e-subscribed to the within instrument and acknowledged to me that he/sheAhl; executed the same in his/4e0hei authorized capacity( , and that by his/Y it signature# on the instrument the person(*, or the entity upon behalf of which the person(* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Signature of ar ublic Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: �Dtyin G.) 16 .=W- G16 06 83 -�- Document Date: ®s10612013 Number of Pages: / wo W Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 M &X- 1 1 ck6c ❑ Individual r' ��orporate Officer —Title (s): Ye s id e✓i ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Represent pg: !Bp,r%not ouin ,gyp. Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 05/06/2013 before me, A. Wilkison, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(s) A. WILKISON Commission # 1866283 Z a . =�e Notary Public - California zz z `Y� Orange County My Comm. Expires Sep 26, 2013 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/afe subscribed to the within instrument and acknowledged to me that he/ ft4teil executed the same in hiss authorized capacity(tes), and that by his/heWNiei signature(&} on the instrument the person(*, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above ' Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond No. 5160683 Document Date: 05/06/2013 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin Individual Corporate Officer — Title(s): _ O Partner — ❑ Limited O General F71 Attorney in Fact �1 Trustee Guardian or Conservator Other: Signer Is Representing: SureTec Insurance Company WONOR, A, Top of thumb here Number of Pages: Two (2) Signer's Name: D Individual Corporate Officer — Title(s): Partner — O Limited ❑ General _! Attorney in Fact w ' L Trustee Top of thumb here u Guardian or Conservator O Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll•Free 1-800-876-6827 Bond No. 5160683 Premium: $8,335.00 Premium is for contract term and is subject to adjustment based on final contract price PERFORMANCE BOND Executed in 2 Counterparts KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, by written agreement dated 20_, entered into a contract with Bannaoun nglneers Constructors Corp. 9614 Cozvcroft Avenue, Chatsworth, CA 91311 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: CC-1438; Rehabilitation of Hanover Lane Project (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, we, the undersigned, as Principal, and SureTec Insurance Company 3033 5th Avenue Ste 300 San Diego CA 92103 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of Four Hundred Eighty Nine Thousand & 00/100 Dollars ($ 48s 000.00 ), 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") from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract time or contract price, and 277591.1 PERFORMANCE BOND Page 1 of 2 Bond No. 5160683 any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments•in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such parry's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: May 6, 2013 ATTEST Bannaoun Engineers Constructors Corp. (Corporate Seal) (Principal Name) By: t=w� � Name: C�wmr�,�-'M Title: -F., cl r. ATTEST SureTec Insurance Company (Corporate Seal) (Sure By: _ Name: William Syrki (Signature o omey-in- ct for Surety) (Attach Attomey-in-Fact Certificate) 6( 19 j 400-4100 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY O UNTINGTON BEACH JYennifer Mc th ity Attorney 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 attomeydn-fact must be attached. 277591.1 PERFORMANCE BOND Page 2 of 2 POA#: 510015 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men 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 William Syrkin, Richard Adair, R. Haas -Bates 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 ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/2015 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 Attorneys) -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 21 st day of March, A.D. 2013. 011011ii��Ypn/ypSURETEC INSURANCE COMPANY �-Q� XA , ��` By. �` w t °' Johnu ox Jr_ resident tDz 4 5;z State of Texas ss: County of Harris ....... On this 21st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, 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. i�.,aYPua�, JACOUELYN MALDONADO Notary Public State of Texas / Nj'�oFn'' My Comm. Exp. 5/18/2017 Jac(hbelyn 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 6th day of May 2013. A.D. . Breifit Beaty, Assistant Secretary 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 ACKNOWLEDGMENT STATE OF CALIFORNIA County of Los rj 5 On d 5 / 0 7/ 2-013 before me, M i tint e l e Njo f-+ eu-L- ` - Date ^ Here Insert Name and Title of the Officer personally appeared O tM a'i M CL�at1 t- Name(s) of Signer(s) rMrMFwAr�r WCHELE ETYEWZIM Commission # 1975083 Notary PW* - Califorwe Los Aopalos CWft Comm. Um Apr 14 Zli15 who proved to me on the basis of satisfactory evidence to be the person( whose name(o) is/a+e subscribed to the within instrument and acknowledged to me that he/s1;i@;4kq9 executed the same in his/err authorized capacity(L&4, and that by his/'r signature4e4 on the instrument the person(@), or the entity upon behalf of which the person{o) 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 off' ' I eal. Signature Place Notary Seal Above Signature of ary Public 1PTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: f3nn W15160683 Document Date: 0610(.12013 Number of Pages: Two (Z) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) ❑ Other: Signer Is Representing 13a✓ rlmoun Lg-*ep, Signer's Name: ❑ Individual ❑ Corporate OfficerTitle(s)_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: � 'tt4114 fl _�?3ff � aa�,�,m�,.�> •r.. 1,rD:F �'2�,.�vva _ aS S..T. .tea ✓�i.�. :a�,.�C ..o�S � �C���Sn ..,'�. �%� ,:a �..,.�4A a..� State of California County of Orange On 05/06/2013 before me, A. Wilkison, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(s) A. WILKISON Commission # 1866283 z m Notary Public - California i Z ' Orange County r My Comm. Expires Sep 26, 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/ere subscribed to the within instrument and acknowledged to me that he/§he t+ey executed the same in his/la Ahaif authorized capacity(iee), and that by his/he0heif signature(} on the instrument the person(*, 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. Signature Signature of Notaryblic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Performance Bond No. 5160683 Document Date: 05/06/2013 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William ❑ Individual 71 Corporate Officer — Title(s): Partner — n Limited ❑ General 0 Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: SureTec Insurance Company `F Top of thumb here I Number of Pages: Two (2) Signer's Name: Individual ❑ Corporate Officer — Title(s): _ i Partner — ❑ Limited ❑ General 0 Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT (F S$GNER Top o 02007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NalionalNotaryorg Item #5907 Reorder: Call Toll -Free 1.800-876-6827 �e� V CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYY 4/30/20 3YY) 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 Earl Insurance Corporation 888 S. Disneyland Dr., Ste 400 Anaheim CA 92808 CONTACT Jane Garretson NAME: PHONE (714) 637-0312 FAX, No: (714)685-1880 E-MAIL .janeg@htrinsure.com INSURERS AFFORDING COVERAGE NAIC # INSURER A:Klnsale Insurance Company 38920 INSURED Bannaoun Engineers Constructors Corporation P O BOX 16352 Beverly Hills CA 90209 INSURERB:WeSCO Insurance Company 5011 INSURER c: CenturySurety CO 36951 INSURER D: INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER:12/13 GL, UMB, AUTO REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL S BR POLICY NUMBER POLICY EFF MMIDD/YYY POLICY EXP MMIDD/YYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence lOO OOO $ , A CLAIMS -MADE a OCCUR 010000037051 11/4/2012 11/4/2013 MED EXP (Any one person) $ EXCLUDED PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ POLICY X PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ B X ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED A102929501 11/15/201211/15/2013 AUTOS X NON OWNED X PROPERTY DAMAGE Per accident $ HIRED AUTOS AUTOS Medical payments $ 1,000 X UMBRELLA LIAB OCCUR (APPLIES TO GENERAL AND EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 C EXCESS LIAR CLAIMS -MADE AUTO LIABILITY) DED X RETENTION$ 10,000 $ CP,7SZ1 1 11/4/2012 11/4/2013 WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN F '(�' ' �1V ii ANY PROPRIETOR/PARTNER/EXECUTIVE d. E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N/A E.L. DISEASE - EA EMPLOYE $ If yes, describe under C�✓i �`_} `' tl 4r f DESCRIPTION OF OPERATIONS below r ,'a -, * ` E.L. DISEASE -POLICY LIMIT $ General Aggregate Limits 5,000,000 Per Incident -Total Limits DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Pavement Rehabilitation of Hanover Lane (from McFadden Ave to end) CC No: 1438 City of Huntington Beach, its Agents, Officers and Employees are named as Additional Insured with respects General Liability per attached endorsements #CG2010 07/04 and #CG2037 07/04 . *CANCELLATION: 10 Day Notice for Non Payment of Premium and 30 Days for all other reasons. CERTIFICATE HOLDER City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACO RD 25 (2010/05) ane Garretson/JEG 01988-2010 ACORD CORPORATION. All rights reserved. ,rt.- A!�/l Oil ---- --A I..w.. ..rw rw...n4.. r..d ......IL- -* At r%r2r% THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100003705-1 05/23/2013 12:01AM at the Named Insured Bannaoun Engineers Constructors address shown on the Declarations Corporation Additional Premium: Return Premium: $0 $0 Policy Change Number: 1 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Location(s) of Covered Operations Organization(s): City of Huntington Beach, its Agents, Officers and Pavement Rehabilitation of Hanover Lane (from Employees McFadden Ave to end) CC No:1438 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include B. as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CG 20 10 07 04 9 ISO Properties, Inc., 2004 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100003705-1 05/23/2013 12:01AM at the Named Insured Bannaoun Engineers Constructors address shown on the Declarations Corporation Additional Premium: Return Premium: $0 1 $0 Policy Change Number: 1 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additonal Insured Person(s) or Location and Description of Completed Operations Organization(s) City of Huntington Beach, its Agents, Officers and Pavement Rehabilitation of Hanover Lane (from Employees McFadden Ave to end) CC No:1438 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location design- nated and described in the schedule of this endorse- ment performed for that additional insured and in- cluded in the "products -completed operations hazard". ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 CERTHOLDER COPY SC P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04-29-2013 CITY OF HUNTINGTON BEACH SC 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 GROUP: POLICY NUMBER: 9000329-2012 CERTIFICATE ID: 16 CERTIFICATE EXPIRES: 11-01-2013 11-01-2012/11-01-2013 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 15 DATED 04-29-2013 JOB:REHABILITATION OF HANOVER LANE PROJECT CONTRACT NO CC-1438 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - MALOOF, OMAR P,S T - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 11-01-2011 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER BANNAOUN ENGINEERS CONSTRUCTORS CORP DBA: SC BANNAOUN ENGINEERS CONSTRUCTRS CORP PO BOX 16352 BEVERLY HILLS CA 90209 [VR1,CNj (REV.1-2012) PRINTED : 04-29-2013 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project') hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of. the State of California that the foregoing is true and correct. Executed this day of , 20_, at , California. (Type Contractor Name) By: Name: [Type Name] c�i3ttA -- Title: [Type Title] E > 1 R e7 A c' RNEX IL� 3-2%-UP 245911 .1 CONTRACTOR'S CERTIFICATE L , state and certify that: (Name of'Declarant) 1, is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such tennis defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of 120 (Signature of Declarant) APPROVED AS TO FORM �� -�:) a� By: s% 1-7%a —U 3. Zo Otp Name: [Type Name] Title: [Type Title] 245914 1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street(P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 20 , at (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] California. T S o3 ab Mp 247542.1 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ Arww.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk June 5, 2013 Bannaoun Engineers 9614 Cozycroft Ave. Chatsworth, CA 91311 Re: Rehabilitation of Hanover Lane — CC-1438 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, *an' L. Flynn,CMCClerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Dept. ID PW 13-026 Page 1 of 2 Meeting Date: 5/20/2013 <*"'7'eh1J ocm s�� CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 512012013 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 in the amount of $489,000 with Bannaoun Engineers Construction Corp., for the rehabilitation of Hanover Lane, CC-1438 Statement of Issue: On April 23, 2013, bids were opened for the Rehabilitation of Hanover Lane Project, CC-1438. Staff requests that the City Council award the construction contract to Bannaoun Engineers Construction Corp., the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of $562,350 are available in the Gas Tax Fund, Account No. 20790025.82300. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Bannaoun Engineers Construction Corp., in the amount of $489,000.00; 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 alternative direction. Analysis: This project will rehabilitate Hanover Lane, from McFadden Avenue north to the end of the cul de sac (adjacent to Bolsa Avenue). Hanover Lane is 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, cross gutters, curb and gutter, landscaped parkways, and curb ramps. The asphalt roadway will be cold milled and overlaid with new asphalt due to previous damage from existing tree roots. Item 4. - I HB -94- Dept. ID PW 13-026 Page 2 of 2 Meeting Date: 5/20/2013 Bids were opened publicly on April 23, 2013. The verified bid amounts are listed below: Bidding Contractor Submitted Bid Verified Bid BANNAOUN ENGINEERS CONSTRUCTION CORP. $489 000.00 $489 000.00 GMC ENGINEERING $606 427.00 $606 427.00 SULLY MILLER $626 267.00 $626 267.00 NOBEST $633 000.00 $633 000.00 VIDO SAMARZICH $657,332.80 $657,332.80 ALL AMERICAN ASPHALT $746 690.00 $746,690.00 SHAWNAN $765,130.20 $765,130.20 RJ NOBLE $806,885.00 $806,885.00 EXCEL PAVING $837 412.90 $837 412.90 OPTIMA RPM $862,241.80 862 241.80 Staff recommends award of construction contract to Bannaoun Engineers Construction Corp. in the amount of $489,000. The reference check for Bannaoun Engineers Construction Corp. provided acceptable responses from past clients. In addition, Bannaoun had recently completed a successful Arterial Rehabilitation project on Garfield Avenue, from Newland Street to Magnolia Street two years ago. The total estimated project cost is $562,350, which includes the construction contract, 10% contingencies, project management, and supplemental expenses. Public Works Commission: The Public Works Commission reviewed and approved the project on March 20, 2013, with a vote of 6-0-0. Environmental Status: This project has a categorically exemption from CEQA pursuant to Class 1, Section 15301(c). Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Location Map KB -95- Item 4. - 2 ATTACHMENTn1 I Item 4. - 3 HB -96- LEGEND ® TREE PETITION STREET LOCATION• PROJECT LOCATION HANOVER LN (MCFADDEN AVE. - BOLSA AVE.) RD 139 NTS HANOVER LANE, TREE PETITION STREET. CC-1438 PROJECT LOCATION MAP CITY OF HUNTINCTON BEACH DEPARTMENT OF PUBLIC WORKS HB -97- REV 6/21/2012 1 OF 1 Item 4. - 4 CITY OF HUNTINGTON REACH BIDS SUBMITTED (AS DEAD AT OPENING) o. ,..: ::fr7C1E6t:Sa1IA>. ... ..........:. RANK F+L Ni... luil(3EJitT ; �FP.PA . ... T.A D..A.....:............ 1 All American Asphalt, Corona K� 690,Ob 2 Excel Paving, Long Beach 3 GSCI, Placentia 4 Hardy and Harper, Santa Ana 5 Nobest, Westminster 6 PJ Noble, Orange 001 7 Sequel, Santa Fe Springs 8 Shawnan, Downey ✓ 9 Sully Miller, Brea 10 Ted Enterprises, San Clemente 12 13 14 15 16 17 18 19 20 21 22 Bid Opening Worksheet.xls �� _,��� l AIL-`?�yi�`� �i`_ �-,t%D d� �) #�� Fell B�- CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: March 29, 2013 Project/C.C. No.: C.C. No. 1438 Regarding: Hanover Lane. from McFadden Ave to Bolsa Ave.. ® We are sending you: ❑ By Mail ® By E-Mail (Number of pages including this sheet:) ❑ We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Go:pjes Description 1 ? 1 Notice Inviting Seated Bids for CC-1438, Rehabilitation of Hanover Lane From McFadden Ave. to End Bolsa Ave. These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For reviewicomment ❑ Other: Remarks: Per Resolution 2012-65 (adopted on 09/17/12), the City Council authorized the advertisement of the above listed project. Please find attached the Notice Inviting Sealed Bids for advertisement on 4/4/13, 4/11/13, and 4/18/13. The bid opening is scheduled for 4/23/14 at 10:00 AM. Please contact me at 536-5259 with any questions you may By: c: file I Engineering Assistant GACoxsrxacnoN COMB M (CCs)\CC1438 HANOVERLN REmB\NLSB\NISB TRANsmrrALTo CLERK-CC-1438.noc 311-CAPA3 SECTION A NOTICE INVITING SEALED BIDS for the Pavement REHABILITATION OF HANOVER LANE CC No. 1438 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 10:00 AM[ on April 23, 2013. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $45.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 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 removal and replacement of concrete sidewalks, driveway approaches, cross gutters, curbs and gutters, parkways, and ,ADA ramps. The asphalt will be cold milled and resurfaced over fabric due to extensive wear. Project includes replacement of existing irrigations and turf in parkways. © The contract shall allow the Contractor 60 working days to complete the contract. ® The engineer's estimate of probable construction cost for the work included in the basis of award is $550,000. 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 17th day of September 2012, by Resolution No. 2012-65. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Ad Copy: SECTION A NOTICE INVITING SEALED BIDS for the Pavement R NPITA70 OF HANOVER LANE CC No. 1438 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids far 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 10:00 AAA on April 23, 2013. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public . Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $45.00 nonrefundable fee it sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 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 -- ad proof pg.1 --- 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 Descriptioe:The project consists primarily of removal and replacement of concrete sidewalks, driveway approaches, cross gutters, curbs and gutters, parkways, and ADA ramps. The asphalt will be cold milled and resurfaced over fabric due to extensive wear. Project includes replacement of existing irrigations and turf in parkways. • The contract shall allow the Contractor 60 working days tocomplete the contract. e The engineer's estimate of probable construction cost for the work included in the basis of award is $550,000. 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 17th day of September 2012, by Resolution No.2012-65, Attest: Joan L. Flynn CITYCLERK OF THE CITY OF HUNTINGTON BEACH Published H.B. Independent April4, 11, & 18, 2013 - ad proof pg. 2 --- STATE OF CALIFORNIA) ) sse COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, which was adjudged a newspaper of general circulation on September 29, 1961, case .A6214, and June 11, 1963, . case A24831, for the City of Huntington Beach, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Thursday, April 04, 2013 Thursday, April 11, 2013 Thursday, April 18, 2013 certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on April 24, 2013 at Los Angeles, California SECTION A NOTICE INVITING SEALED'BIDS for the Pavement REHABILITATION OF HANOVER LANE CC No. 1438• in the (ITY.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 10:00 AM om April 23, 2013. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications,. and contract documents are available from the Office of `the Director of Public Works,2000 Main Street„ Huntington Beach, CA 92648, upon payment- of ai $25.00 nonrefundable fee if picked up, or payment of a $45.00 nonrefundable fee if sent by UPS ground delivery (bidder shall.pay additional' costs for special delivery). . Any contract entered into pursuant to this notice; will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum. prevailing rate of per diem wages for each craft,', classification or type of workman needed to , execute the 'contract shall be those determined" by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street,J 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 Contrac for 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 extensionof 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 removal and, replacement of concrete sidewalks, driveway approaches, cross gutters, curbs and, gutters, parkways, and ADA ramps. The asphalt, will be cold milled and resurfaced over fabric due to extensive wear. Project includes replacement, of existing irrigations and turf in parkways. • The contract shall allow the Contractor 60; working days to complete the contract. -'The engineer's estimate of probable construction' cost for the work included in the basis of award! is $550,000: The AGENCY reserves the right to reject any or' all bids, to waive any irregularity and to take alll bids under advisement for a maximum period of: 60 days. BY ORDER of the CITY COUNCIL of the CITY OF, HUNTINGTON BEACH; CALIFORNIA,. the 17th day, of September 2012, by Resolution No. 2012-65. ' Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published H.B. Independent April 4, 11, & 18, 2013 UNSUCCESSFUL BIDS CC-1438 Rehabilitation of Hanover Lane City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joann L. Flynn, City Clerk June 12, 2013 All American Asphalt PO Box 2229 Corona, CA 92878-2229 RE: Rehabilitation of Hanover Lane—CC-1438 Enclosed please find your original bid bond for CC-1438. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand 4-*P-e>ICAT-A-rOA,J o C U - TH O-CRI D�ct/�Ti C� in SECTION C PROPOSAL for the Pavement REHABILITATION OF HANOVER LANE from FROM MCFADDEN AVE. TO END CC No. 1438 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find �, the amount of $ ® c-.> which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: pie C-2 PROJECT BID SCHEDULE Item: a ed Qy .- ... mDescriioa p Unit Prce Ax—ten : etd 1 LS Mobilization $ o 0�900- 2 24 EA Construct Curb Access Ramp per Caltrans Std. Plan A88A. (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, slot pave, etc.) $ -2-1 Do -- $ so LIUO — 3 1000 TN Construct 0.12' thick PG-64-10 AC overlay across roadway surface $ % Q -- $ 70 000 -- 4 88800 SF Furnish and Install Petromat across roadway surface 5 9 EA Adjust Sewer Manhole to match new finished surface $ 4 S o — $ 'Lt 0S0 -- 6 47 EA Adjust Sewer Lateral to match new finished surface lb zlSo-- 7 21 EA Replace and adjust Water Valve Cover to match new finished surface 8 61 EA Replace eater meter box frame and cover with City furnished box and cover to match new finished surface 9 6800 SF Cold Mill 0.12' thick adjacent to side streets and transverse joins and taper to zero $ , $ Qj $ 10 7 H y- 10 31270 SF Cold Mill 0.12' thick and taper to zero, 7' width from gutter edge C-2.1 PROJECT BID SCHEDULE Item No Estma ed Quantity: Bid Item Description .. .:.Unit Price Extended... Amount 11 21520 SF Surface Grind existing pavement 0.12' thick $ ,2S $ S 380-- 12 1000 Remove and Reconstruct Curb and Gutter per H13 Std. Plan 202 LF (CF=6"). (Item includes lot drain, slot pavement, aggregate $ Ll'j — $ 00'j — base, residential driveway curb and gutter, and painting addresses) 13 3430 LF Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 (CF=8"). (Item includes lot drain, slot pavement, aggregate $ 3► — $ t base, residential driveway curb and gutter, and painting addresses) 14 18000 SF Remove and Replace Sidewalk per H13 Std. Plan 207 (W=4'). (Item includes fire hydrant pad in parkway) $ S • 10 Q $ 7 tow — 15 7050 SF Remove and Replace Residential Driveway Approach per HB Std. Plan 209. ("W" per plan)(ltem includes onsite blending; $ 9.70 $ 5$ 30S does not include curb and gutter) 16 5200 SF Remove and Replace Residential Cross Gutter per H13 Std. Plan 205. (Item includes lot drain, slot pavement, aggregate base, $ 12. 4 0 / b $ p H Li p0 — residential curb and gutter, and painting addresses) 17 62 EA Clear and Grub existing landscape including tree roots 24" below new finished surface, replace with Class A top soil, and $ ! Zoo — $ '7y Y00— plant dwarf fescue sod for each address lot. (address lot includes shared parkway frontage and both parkway frontages for corner lots.) 18 37 Remove and Replace Irrigation for each parkway per address lot. EA (address lot includes shared parkway frontage and both frontages $ 7 10 — $ 26 2 70 for corner lots.) 19 1 90 Day Plant Establishment for turf LS $ L1000-- $ Lf 0DQ- 20 1 Traffic Control per Specification LS $ 2$ 2 oo $ 2S zoo — C-2.2 PROJECT BID SCHEDULE ateml EOhnated.....: zten ed Bid Item Description 1�To Quant►ty LTn:it Price Amount 21 1 Remove and Replace Traffic Striping in kind LS $ LI boo — $ Li 50b— Total Amount Bid in Figures: $ 7 Y � Total Amount Bid in Words: -------------------------------------------------------- aT_;_�4�c,n�.__.�� x------- vn b�C -m Zee C e . C-2.3 At 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. Bi 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 N®NCOLLUSI®N AFFIDAVIT TO BE EXECUTED BY BIDER AND SUBMITTED WITH DID 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 4j 71-/3, at COtb44" C- Date City State /D&M &"Uobein first duly sworn dep es and says that he is the of e party making the -tr.' UAWer 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. A-u AR t Asp Name of Bidder Signature of Bidder - P Po.N Addressof Bidder r, C-4 CALIFORNIA JURAT State of California County of Riverside BRENDA L. ROYSTER Commission # 1908379 z Notary Public - California z Z '' Riverside County MY Comm. Expires Oct 26, 2014 Place Notary Seat Above Subscribed and sworn to (or affirmed) before me on this 22nd day of April 2013, Date Month By (1) Robert Bradley Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (2) (and Name of Signer Provpd"to me on the basis of satisfactory evidence be,the person who appeared before me.) 4u,"t 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. Further Description of Any Attached Document Title or Type of Document Noncollusion Affidavit Document Date: 4-22-13 Number of Pages: 1 Signer(s) Other Than Named Above: None Top of thumb here Top of thumb here 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 REHABILITATION OF HANOVER LANE, (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"22--1 .30 ;4u A* azt�45aowr Contractor 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? ® Yeso If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTI>F'ICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 12 ZIATZ10-5 �A I C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: - A Bidder Name P-6 - •/ Business Address City, 2,'*2- V CA- qvoi( State Zip Telephone Number t- 2,476-?.3 k, C-11. State Contractor's License No. and Class I -r9-7/ Original Date Issued I-3 (-t Expiration Date jll ®®��/.� The work site was inspected by 0AC-V of our office on L Z , 201 3 The following are perso^, firms, and corporations having a principal interest in this proposal: C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. - AU AN A-V#W-tr Company Name Printed or Typed Signature Subscribed and sworn to before me this Hof 12013. NOTARY PUBLIC / NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Wor Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Proj anager: Contract Amount Type of Work Date Completed 3. Name and Address Public Agency Name and Telep one No. of Project Manager: Contract Amount Type of Work Date Completed C-9 CALIFORNIA JURAT State of California County of Riverside BRENOA L. ROYSTER Commission # 1908379 z z '-�; Notary Public - California z - Riverside County D My Comm. Expires Oct 26, 2014 Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 22Id day of April 2013, Date Month By (1) Robert Bradley Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (2) (and Name of Signer Propto me on the basis of satisfactory evidence b the person who appeared before me.) 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. Further Description of Any Attached Document Title or Type of Document Bidder's Information Document Date: 4-22-13 Number of Pages: 2 Signer(s) Other Than Named Above: None Top of thumb here Top of thumb here r�+ K2012" PAST WORK REFERENCES City of Beverly Hills 345 Foothill Road Beverly Hills, CA 90210 Contact: Juan Martinez, (310) 285-2521 City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92628 Contact: Thomas Banks, (714) 754-5222 City of Perris 170 Wilkerson Avenue, Ste. D Perris, CA 92570 Contact: Chris Sunde , (951) 943-5604 City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 Contact: Matt Sinacori, (949) 248-3574 City of Long Beach 333 W. Ocean Blvd., loth Floor Long Beach, CA 90802 Contact: Chuck Ramey, (562) 570-6634 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact: Edward Torres, (714) 647-5018 City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA 92708 Contact: Alex Salazar, (714) 593-4516 2010-2011 Street Resurfacing Project Contract Amount: $2,800,000.00 Start: 6/1 /2011 Completed: 4/30/2012 2010-2011 Citywide Street Rehabilitation Contract Amount: $2,778,000.00 Start: 7/ 1 /2011 Completed: 2/29/2012 Foss Field Parking Expansion Contract Amount: $190,000.00 Start: 1/1/2012 Completed: 2/29/2012 Pacific Coast Highway & Niguel Shores Contract Amount: $676,676.00 Start: 12/1/2011 Completed: 5/30/2012 Willow Street improvements Contract Amount: $661,661.00 Start: 12/ 1 /2011 Completed: 6/30/2012 Bristol Street Widening Contract Amount: $8,315,754.00 Start: 5/l/2009 Completed: 3/16/2012 Edinger Avenue Improvements Contract Amount: $422,422.00 Start: 5/ 1 /2012 Completed: 8/1/2012 19, Lew Fidelity and Deposit Company of Maryland 9' _* Home Office: P.O. Box 1227. Baltimore. MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT BOND NO. 085 97 423 , as Principal, (hereinafter called the "Principal"), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Huntington Beach as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN -------- Dollars ($ 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 Rehabilitation of Hanover Lane From McFadden Ave. to End Project No. CC No. 1438 Bid Date: April 23, 2013 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 11 th day of April A.D., 2013 ALL AMERICAN ASPHALT (SEAL) Pri cipal FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety . Wlkison Notary Public By (SEAL) -A 1 ry Witness William rkin 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 I970 Edition. BID70000ZZ0701 f CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On Ari122, 2013 before me, Brenda L. Rooster, Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley Namekoef-&gner(f— �� — a ,b - - BRENDA L. ROYSTER Commission # 1908379 z Notary Public - California z Riverside County My Comm. Expires Oct 26, 2014 Place Notary Seal Above 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 hisA4weir authorized capacity(ies), and that by hislhnhe: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. WIT Sign, 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 — City of Huntington Beach Document Date: April 11, 2013 Number of Pages: Signer(s) Other Than Named Above: William S akin Attorney -in -Fact A. Wilkison, Notary Public Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Other: Signer is Representing: ❑ Corporate Officer — Title(s): _ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Sig 7 CALIFORNIA ALL-PURPOSEACKNOWLEDGMENT r \:\ �a!-s�C.F�> oa�..c�S,-.�.,s�S .'"lo..c7.. T�]C!�4.�aS� �?v�J� oaS.��S,.�S �S a.:�3- w �a,3 �?v?>^� a>..�... �. �4.,•,.A � �..,w �aysi�G:'�. State of California County of Orange On 04/11 /2013 before me, A. Wilkison, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(-) who proved to me on the basis of satisfactory evidence to be the person(t) whose name( is/efe subscribed to the within instrument and acknowledged to me that hefsbe/#" executed the same in his+wAfteir authorized capacityf iefs), and that by his/kerAheif signature(-} on the instrument the person(-}, or the entity upon behalf of a — 7SORNr which the persons} acted, executed the instrument. A. WILCommission6283 z I certify under PENALTY OF PERJURY under the laws Z . W-, o Notary Public California n of the State of California that the foregoing paragraph is z �`� 'Q Orange County My Comm. Expires Sep 26, 2013 true and correct. WITNESS my hand and official seal. Signature (-8 - -=-ez�o� Place Notary Seal Above Signature of Notary Pubic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 04/11 /2013 Number of Pages: One (1) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin ❑ Individual Eli Corporate Officer — Title(s): Partner — ❑ Limited ❑ General [Z] Attorney in Fact :J Trustee Top of thumb here Guardian or Conservator Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Trustee EJ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 • www.NatlonalNotaryarg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 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 THOMAS O. MCCLELLAN, 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 William SYRKIN, Rebecca HAAS-BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, 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 15th day of January, A.D. 2013. ATTEST: Assistant Secretary Eric D. Barnes ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND �p Dtlpf �pll INStl�7. dWi O r FEAL D :R': 1 - ee». i �� : b• 1968 iat ........`.. Vice President Thomas O. McClellan State of Maryland City of Baltimore On this 15th day of January, A.D. 2013, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Assistant 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 fast above written. lC:14 �• ��rgmt�tA� Constance A. Dunn, Notary Public My Commission Expires: July 14, 2015 POA-F 012-0033D City ®f Huntington Beach 2000 Main Street s Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk June 12, 2013 Excel Paving Company 2230 Lemon Ave. Long Beach, CA 90806 RE: Rehabilitation of Hanover Lane—CC-1438 Enclosed please find your original bid bond for CC-1438. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand PALE INC. OBA EXCEL PAVING COMFAW 2230 LEMON AVENUE LONG BEACH, CA 90806 03 2 � � G,cr�� SEALED 010 ENCLOSED SEALED BID ENCLOSED SEALED olpfutosv- SECTION C PROPOSAL for the Pavement REHABILITATION OF HANOVER LANE from FROM MCFADDEN AVE. TO END CC No. 1438 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, .the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ . PSACV-01®whiich " said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). tiic C-2 PROJECT BID SCHEDULE tort : Oixnate ::No :::::: u:anti ..:: Bid :gteni: De�c�-i aion: :::::::::::::::::: P.... ::::::::::::::::::::::::: ;:::.... ,::::::. ....... ::::::: ............ . ::: :: Unit::Price 1 1 Mobilization LS $ $ 2 24 Construct Curb Access Ramp per Caltrans Std. Plan A88A. EA (Item includes all appurtenances, curb & gutter, depressed curb, $ 'L3S0 _ $ sidewalk, domes, retaining curb, slot pave, etc.) 3 1000 TN Construct 0.12' thick PG-64-10 AC overlay across roadway $ $ surface 4 88800 Furnish and Install Petromat across roadway surface SF $ $1 5 9 Adjust Sewer Manhole to match new finished surface EA $_ $ 6 47 Adjust Sewer Lateral to match new finished surface EA $ (��� $qoS ., 7 21 EA Replace and adjust Water Valve Cover to match new finished surface $ $ 8 61 Replace water meter box frame and cover with City furnished EA box and cover to match new finished surface $ $ Z' , 9 6800 Cold Mill 0.12' thick adjacent to side streets and transverse joins SF and taper to zero $ ®.')A $ _l W 10 31270 Cold Mill 0.12' thick and taper to zero, 7' width from gutter edge Li SF $ $ C-2.1 PROJECT BID SCHEDULE item.Elm.. : x en e .: 1Vo . 04M ity Item DecriptiQn ;. Un:it Price ;.. Amount. 11 21520 Surface Grind existing pavement 0.12' thick (00 SF $ O -A $koiA.' 12 1000 LF Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 (CF=6"). (Item includes lot drain, slot pavement, aggregate $ base, residential driveway curb and gutter, and painting addresses) 13 3430 LF Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 (CF=8"). (Item includes lot drain, slot pavement, aggregate $ $ �� �� �►u base, residential driveway curb and gutter, and painting addresses) 14 18000 Remove and Replace Sidewalk per H13 Std. Plan 207 (W=4'). SF (Item includes fire hydrant pad in parkway) 15 7050 Remove and Replace Residential Driveway Approach per HB SF Std. Plan 209. ("W" per plan)(Item includes onsite blending; does not include curb and gutter) 16 5200 SF Remove and Replace Residential Cross Gutter per HB Std. Plan 205. (Item includes lot drain, slot pavement, aggregate base, $ $_ residential curb and gutter, and painting addresses) 17 62 Clear and Grub existing landscape including tree roots 24" EA below new finished surface, replace with Class A top soil, and $� plant dwarf fescue sod for each address lot. (address lot includes shared parkway frontage and both parkway frontages for corner lots.) 18 37 Remove and Replace Irrigation for each parkway per address lot. EA (address lot includes shared parkway frontage and both frontagesfor corner lots.) 19 1 90 Day Plant Establishment for turf LS $ $ .Is _ 20 1 Traffic Control per Specification LS C-2.2 PROJECT BID SCHEDULE Total Amount Bid in Figures: $ 6-) yQ., -OT Total Amount Bid in Words_ 6j:��r �^, �-^--- --�`�4 --- C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one. percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Jr Name and Address o Subcontractor, J State Class Dollar k J /o ofr' Items). License Amount u Contract y. PPLs 1) tft San *.c \A�;► ! kVi - kAl&-r, fk R-M 4NAr V-'O— BocQ 1�2, CZ� N 4 0 111-- c6 3S G, �2�enZ �3z use L'on PAA c,L C,.,- LXQ I A I Ssi _ 40D G (#is\ tit 4'&' 4 (,} Gt2 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 NONC®LLUSION AFFIDAVIT TO DE 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 at LONG BEACH LIFOWA tQV- le City State C.P. IIRO*N , beinsz firs worn, deposes and says that he or she is PRESIDENT of Pnothe party making the foregoing bid that the bid is not made in- b t e 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 C ?, Aet cn - �-- - Signature of Bidder OHOWN, ?RESIDENT 2230 LEIUON AVENUE LUNG FiEtACK. CA SOW, Address of Bidder C-4 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On APR 2 3 2013 before me, C. Phillips, 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) ishwsubscribed to the within instrument and acknowledged to me that he/AmWxy executed the same in his authorized capacity(ies), and that by his/bark;,a k 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. =Notary C. PHILLIPS . #1.9PS 96177 MubilaCalifornia ELES COUNTY aSignature of No Public (Notary Seal) pires Oct. 29, 2016 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 2008 Version CAPA v12.10,07 800-873-9865 www.NotaryClasses.com 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 Caltfornta 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 drat is illegal for a notary in California (i.e. cerijfying the authorized capacity of the signer). Please check the document carefufly 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 commit 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/tfiwj- 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 sumcient area permits, otherwise complete a different acknowledgment forth. • Signature of the notary public must match the signature on file with the office of the county clerk. C• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. 4 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 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 REHABILITATION OF HANOVER LANE, (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: APR 2 3 2013 Contractor r 12 ggoyyN PRESIDENT Title 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 U'No If the answer is yes, explain the circumstances in the space provided. 1�1 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: APP 91 2013 Contractor kt4r1--j C` h By C-P. BROWN, PRESIDENT Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name PAR, INC d0A EXCEL PAVING COMPAW 2230 LEMON AVENUE I ONG HFACH, CA 4080 Business Address City, State Zip (562)599-5841 Telephone Number STATE LIC. 688655 "A" State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by 4ft(4 of our office on , 2014. The following are persons, firms, and corporations having a principal interest in this proposal: . INC.DU Curtis P Brown President and Chief Fxegjyg t�llri0er urtis P. Brown III Vice President and Chief Operating Officer Bruce E. E. Flatt Vice P f Financial Offs R. McRae Vice President March S. Miller i mle E. Drakulidt A"eni'Semoy 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. PALP INUBA EXCEL PAYING COMPAW Company Name Signature of Bidder . P, BROWN, PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this _ day of APR 2 .1 2093 , 201_ NOTARY PUBLIC `-, C. PHILLIPS y:, w COMM. #1996177 r F "` Notary Public -California rz LOS ANGELES COUNTY o. " .•• My Comm. Expires Oct 29, 201q, NOTARY Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: & 1)wA W 33uo ojwpt PDIA* Name and Address of Public Agency (� - ' Name and Telephone No. of Project Manager: {�Q,�(iL�- t'NGI�, .t& A406 �0�`I 1 m4i �Sl Contract Amount Type of Work Date Completed 2. 010 6 t(la UwIA/At4 Avv Name and Address of Public Agency Name and Telephone No. of Project Manager: )�Ul &A&A V h) t l Contract Amount Type of Wor Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Amount Type of Work Date Completed C-9 Bid Bond BID BOND 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 as Principal hereina$er called the Principal, and Federal Insurance Company a corporation duly organized under the laws of the 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 sum of Ten percent of the total amount of the bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. . WHEREAS, the Principal has submitted a bid for Hanover Lane Rehabilitation NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee m accordance with the terns 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 finished m the prosecution thereof or m 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 m good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwix to remain in fiill force and effect. Signed and sealed this Witness Witness 9th day of April , 2013 PALP Inc. dba Excel Paving Company Principal (Seal) $y; clkt"I' �—/ P. BROWN PS F CI [) r." Namerritle Federal Insurance Company (Seal). Timothy D. Rapp Attorney -in Fact ACKNOWLEDGMENT State of California County of Orange On 04/09/2013 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Timothy D. Rapp , who proved to me on the basis of satisfactory evidence to be the person($) whose name($) isfera subscribed to the within instrument and acknowledged to me that he/eheAhey executed the same in his/4eMh& authorized.capacity(ie*, and that by his eir signature(,V) on the instrument the person(,$), 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 foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature�'�� DEBRA SWANSCN �P COMM. # 199T119 X NOTARY PUBLIC-CALIFORMIA X Y "V ki E � CRAPdGo: COUNTY � (Seal) cdj MY comm. EXP. NUv i0, 20t6 icChubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059. Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California ------ _------------- _____—_-_----- ______ each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December, 2011. Kenneth C. Wendel, Assistant Secretary Norris, Jr., Vice President STATE OF NEW JERSEY ss. County of Somerset On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attomey as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By - Laws and in deponent's presence. Notarial Seal AD`c KATHERINE J. ADELAAR � j�O�AR®�q� NOTARY PUBLIC NEW JEkSFt f �� s� Ne, 23 T 16 66B5 G2' Cofnmiailon Expires July 16. 2014 Notary Public ��lll1 Jti�y CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (it) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren. NJ this 9th- day of April, 2013 e ��; :� ° ,►, is � e Yo + 4VOIA14P' r►f p5�aFW Kenneth C. We el, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Form 15-10- 0225B- U (Ed. 5- 03) CONSENT CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On APR 2 3 2013 before me, C. Phillips, Notary Public (Here insert name and tide 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/mwsubscribed to the within instrument and acknowledged to me that he/AxnWxy executed the same in hisAusigniKauthorized capacity(ies), and that by hisAu rMak 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. c P._� � Signature of No blic C. PHILLIPS COMM. #1996177 M ' g Notary Public -California LOS ANGELES COUNTY u o..' My Comm. Expires Oct. 29, 2016 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (rifle 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 2008 Version CA PA v12.10.07 800-873-9865 ivsvw.Notary Classes. com 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. 77e only exception is i( 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 at the verbiage does not require the notary to do something that it illegal jar a notary In California (i.e. cen fying 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. Wshelihey, is /we ) 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. 4 Additional informationis 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 Caty ®f Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk June 12, 2013 GMC Engineering Inc. 1401 Warner Ave., Ste. B Tustin, CA 92780 RE: Rehabilitation of Hanover Lane—CC-1438 Enclosed please find your original bid bond for CC-1438. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand GIVIC Engineering Inc. 1401 Warner Avenue, Suite 13 Tustin, CA 92780 "SEALED III)" FOR REHABILITATION OF HANOVER LANE FROM NICF'ADDEN AVE. TO ENO CC No. 1438 IN THE CITE' OF HUNTINGTON BEACH ®O NOT OPEN WITH REGULAR MAIL OFFICE OF THE CITE' CLERK 2000 Main Street Huntington Beach, CA 92648 Did ®ate: April 23, 2013 Bid Time:10:00 AM GMC Engineering Inc. SECTION C 1401 Warner Avenue, Suite B Tustin, CA 92780 PROPOSAL for the Pavement REHABILITATION OF HANOVER LANE from FROM MCFADDEN AVE. TO END CC No. 1438 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Bidder's Accompanying this proposal of bid, find Bond in the amount of $ 1 0 % which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: N / A Addenda No. Date Received Bidder's Signature GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 C-2 PROJECT BID SCHEDULE ;No..... .................. Quanii ..:......,.:... id.. tem llescri t�nn ,............. .... TJnit 'riee :. A.m.unt: : 1 1 LS Mobilization 2 24 EA Construct Curb Access Ramp per Caltrans Std. Plan A88A. (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, slot pave, etc.) $ ,1,50, �� $ 12D, S-J 3 1000 TN Construct 0.12' thick PG-64-10 AC overlay across roadway surface $ 'PJ 4 88800 SF Furnish and Install Petromat across roadway surface $ U. %�� $/ M > L 5 9 EA Adjust Sewer Manhole to match new finished surface $3 $3�� ao 6 47 EA Adjust Sewer Lateral to match new finished surface $ $2�� 7 21 EA Replace and adjust Water Valve Cover to match new finished surface $ 8 61 EA Replace. water meter box frame and cover with City furnished box and cover to match new finished surface $ 7 9 6800 SF Cold Mill 0.12' thick adjacent to side streets and transverse joins and taper to zero $ o, $1,36e), CXD 10 31270 SF Cold Mill 0.12' thick and taper to zero, 7' width from gutter edge $U'- $�.Z GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 C-2.1 PROJECT BID SCHEDULE 3vo :::: . uante ..:::::::: Q...... on . : :::::::................. ......::::::::::::...::::::: ....................................... .... . .................... ITnit:. re+ee::::::: Amount::::::: 11 21520 SF Surface Grind existing pavement 0.12' thick $ ® $ f 301� , 60 12 1000 LF Remove and Reconstruct Curb and Gutter per LIB Std. Plan 202 (CF=6"). (Item includes lot drain, slot pavement, aggregate $ 3 0 ...D $;Sx. OD base, residential driveway curb and gutter, and painting addresses) 13 3430 LF Remove and Reconstruct Curb and Gutter per 14B Std. Plan 202 (CF=8"). (Item includes lot drain, slot pavement, aggregate $C>, $ tX base, residential driveway curb and gutter, and painting addresses) 14 18000 SF Remove and,Replace Sidewalk per HB Std. Plan 207 (W=4'). (Item includes fire hydrant pad in parkway) $ �. $j� l 15 7050 SF Remove and Replace Residential Driveway Approach per HB Std. Plan 209. ("W" per plan)(Item includes onsite blending; $ does not include curb and gutter) 16 5200 SF Remove and Replace Residential Cross Gutter per HB Std. Plan 205. (Item includes lot drain, slot pavement, aggregate base, $ / 0 • c{� $ residential curb and gutter, and painting addresses) 17 62 EA Clear and Grub existing landscape including tree roots 24" below new finished surface, replace with Class A top soil, and $ f7 $ J // ?f"' plant dwarf fescue sod for each address lot. (address lot includes shared parkway frontage and both parkway frontages for corner lots.) 18 37 EA Remove and Replace Irrigation for each parkway per address lot. (address lot includes shared parkway frontage and both frontages $ S �` p �^ $`!� Y2iJ for comer lots.) 19 l LS 90 Day Plant Establishment for turf $3 $3 20 1 LS Traffic Control per Specification GMC Engineering Inc. 1401 Warner Avenue, Suite S Tustin, CA 92780 C-2.2 PROJECT BID SCHEDULE :.item: l�escri ai�in: _ ::::: > >: >: �.... NO.. . uari i . >: . .:: .... :I'rr 21 1 Remove and Replace Traffic Striping in kind LS $SYf-$ Total Amount Bid in Figures: $ ( y P Total Amount Bid in Words: cA«V GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 C-2.3 GMC Engineering Inc. LIST OF SUBCONTRACTORS 1401 Warner Avenue, Suite B Tustin, CA 92780 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 Subcontractor State Class Dollar % of Item(s) License Amount Contract Number t' 'ONS 211246 BLACK ROCK CONSTRUCTION �/� '������ zq 282 N. St. Crispen Brea, CA 92821 714-412-3106 Lie. # 943308 Pt'C Concrete ,cn< Y-7-1 BUENA VISTA LANDSCAPE # 6, 601 Lakeview Placentia, CA 92870 714-779-1202 674472 C27 LANDSCAPE IRRIGATION 2/ SUPERIOR PAVEMENT MARKINGS '' 3 C 5312 Cypress Street Cypress, CA 90630 714-562-9100 Lie. # 776306 ST7g11'ING ALL AMERICAN ASPHALT P.O. Box 2229 Corona, CA 91718-2229 909-736-7600 tl�c.9 1_67073-A 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. [M] NONCOLLUSION AFFIDAVIT TO BE Iv 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 q 113/r , at Tustin , CA Date City State Gennady Chizhik , being first duly sworn, deposes and says that he or she is President of GMC Engineering, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. GMC Engineering, Inc. Name of Bidder 01'' 'P Signature of Bidder ennady Chizhik 1401 Warner Avenue, Suite B, Address of Bidder Tustin, CA 92780 GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 C-4 Jurat State of California County of orange Subscribed and sworn to (or affirmed) before me on this 23rd day of April - , 2013 by Gennady Chizhik proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (Notary sea]) Signature 8AR81RA A. fiAYERS Commission #►1980419 Notary Public - California Orange County M Comm. Expires Jun 1, 2016 OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Noncollusion Affidavit - Rehab (Title or description of attached document) of Hanover Lane from McFadden (Title or description of attached docnmCut continued) Number of Pages 1 Document Date 4/ 2 3/ 13 to End - City of Huntington B (Additional information) INSTRUCTIONS FOR COMPLETING THIS FORM The wording of all Jurats completed in California after January 1, 2008 must be in the form as set forth within this Jurat. There are no exceptions. If a Jurat to be completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one which does contain proper wording. In addition, the notary must require an oath or affirmation from the document signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or affirmation. If the document was previously signed, it must be re -signed in front of the notary public during the jurat process. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date that the signers) personally appeared which must also be the same date the jurat process is completed. • Print the name(s) of document signer(s) who personally appear at the time of a C llotarization. • Signature of the notary public must match the signature on file with the office of the county clerk. • 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 jurat form. Additional information is not required but could help to ensure this jurat is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. • Securely attach this document to the signed document 2008 Version CAPA v1.9.07 800-873-9865 www.NotaryClasses.com GMC AINEERINGINt GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B RESOLUTION AUTHORIZING EXECUTION OF ANY CONTRACT BY PRESIDENT GENNADY CHIZHIK At a Meeting of the Board of Directors of GMC Engineering Inc. (hereinafter sometimes called Corporation), a corporation organized and existing by virtue of the laws of the State of California, duly called and held on the 4th of January, 2013, a quorum being present, consisting of the President and Secretary of the Corporation, Gennady Chizhik, the following Resolution was adopted: BE IT RESOLVED by the Board of Directors of this Corporation that its President, Gennady Chizhik, is hereby authorized, empowered, and directed to execute on behalf of this Corporation, and in its name, any contract. BE IT FURTHER RESOLVED, that any prior acts of said officer of the Corporation, in connection with the execution of any contract on behalf of the Corporation, are hereby confirmed and ratified. I, Gennady Chizhik, hereby certify and declare that I am the regularly and duly acting President and Secretary of GMC Engineering, Inc., a Corporation; that the Resolution above set forth was duly and regularly adopted by the Board of Directors of said Corporation at a Special Meeting of said Board of Directors, held at Tustin, California, on the 4th day of January, 2013; that the whole number of Board of Directors of said Corporation is one; that there were present at said meeting one Director; that all Directors present voted in favor of said Resolution, and that thereupon the Resolution was declared regularly adopted. Corporate Seal Gennady Chizhik President & Secretary of GMC Engineering Inc. Notarization Attached 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 • Fax (714) 247-1041 Jurat State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 2 3 rd day of April 2013 by Gennady Chizhik proved to me on the basis of satisfactory evidence to be the personal who appeared before me. Signature (Notary seal) rA ea A11A A.;1"OTRConuniaeion AF9801419 Notary PuW - alifornia Orange County M r Comm. 1 area Jun 1 2018 OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Resolution Authorization (Title or description of attached document) Rehabilitation of Hanover Lane (Title or description of attached document continued) Number of Pages 1 Document Date N/A City of Huntington Beach (Additional information) INSTRUCTIONS FOR COMPLETING THIS FORM The wording of all Jurats completed in California after January 1, 2008 must be in the form as set forth within this Jurat. There are no exceptions. If a Jurat to be completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one which does contain proper wording. In addition, the notary must require an oath or afrmation from the document signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or affirmation. If the document was previously signed, it must be re -signed in front of the notarypublic during the juratprocess. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the jurat process is completed. • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the office of the county clerk. • 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 jurat form. Additional information is not required but could help to ensure this jurat is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. • Securely attach this document to the signed document 2008 Version CAPA v1.9.07 800-873-9865 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 REHABILITATION OF HANOVER LANE, (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: April 23, 2013 GMC Engineering, Inc. Contractor 5 �4 1 ..r, By Gennady ChizlVk President Title GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 C-s GMC Engineering Inc. DISQUALIFICATION QUESTIONNAIRE1401 Warner Avenue, Suite B Tustin, CA 92780 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 X 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: April 23, 2013 GMC Engineering, Inc. Contractor .FOR ! By Gennady g/ President Title GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: GMC Engineering, Inc. Bidder Name 1401 Warner Avenue, Suite B Business Address Tustin, CA City, State (71 4 ) 247-1 040 Telephone Number 739091 A and B State Contractor's License No. and Class August 11, 1997 Original Date Issued August 31. 2013 Expiration Date The work site was inspected by Gennady Chizhik GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 92780 Zip of our office on April 22, , 201 3. The following are persons, firms, and corporations having a principal interest in this proposal: GMC Engineering, Inc. - Corporation Gennady Chizhik - President / Secretary / Treasurer / Manager 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. GMC Engineering, Inc. Company Name 0 1 / Signature of Bidder r Gennady Chizhik - President Printed or Typed Signature Subscribed and sworn to before me this _ day of , 201 PLEASE SEE ATTACHED NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1 PLEASE SEE REFERENCES ATTACHED Q Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount 3. Name and Address of Name and Telep e ContrZt Amount of Work Pu is Agency No. of Project Manager: Type of Work Date Completed Date Completed Date Completed C-9 GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 Jurat State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 23rd day of April 2013 by Gennady Chizhik proved to me on the basis of satisfactory evidence to be the personfgj who appeared before me. &jt'o- Z �- - - /) - Signature (Notary seal) �BAWA iMYE S� Conmmdasion # 1290419 Notary Public - CaWoroia Wangle County M nan Co. Ex i a Jw► ! Z016 OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bidder's Information — Rehab. (Title or description of attached document) of Hanover Lane — McFadden to (Title or description ofattached document continued) Number of Pages 2 Document Date N / A End — City of Huntington Beac (Additional information) INSTRUCTIONS FOR COMPLETING THIS FORM The wording of all Jurats completed in California after January 1, 2008 mast be in the form as set forth within this Jurat. There are no exceptions. Ifa Jurat to be completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one which does contain proper wording. In addition, the notary must require an oath or affirmation from the document signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or affirmation. If the document was previously signed, it must be re -signed in front of the notary public during the jurat process. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the jurat process is completed. • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the office of the county clerk. • 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 jurat form. Additional information is not required but could help to ensure this jurat is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. • Securely attach this document to the signed document 2008 Version CAPA vI.9.07 800-873-9865 www.NotaryClasses.com t 89GINEERING l GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B CONTRACTORS PROPOSAL REFERENCE LIST OWNER City of Anaheim ADDRESS 200 E. Anaheim Anaheim, CA 92807 OUR JOB# 233-11 CONTACT Robert Luciano PHONE 714-765-5286 DESCRIPTION & CONTRACT AMOUNT Anaheim Canyon Metrolink Pedestrian Improvements (Ph 1) $ 2,514,473.15 Our Job # 232-11 CONTACT Robert Luciano PHONE 714-765-5286 DESCRIPTION & CONTRACT AMOUNT Convention Way ("Transit Plaza") Street Improvement Project $ 1,988,853.50 OUR JOB# 221-09 CONTACT Robert Luciano PHONE 714-765-5286 DESCRIPTION & CONTRACT AMOUNT Kraemer Blvd, and LaPalma Ave. Intersection Improvements $ 1,713,000.00 OUR JOB# 209-07 CONTACT Robert Luciano PHONE 714-765-5286 DESCRIPTION & CONTRACT AMOUNT Harbor Blvd. Roadway and Parkway Improvements $ 331,785.56 OUR JOB# 206-06 CONTACT Robert Luciano PHONE 714-765-5286 DESCRIPTION & CONTRACT AMOUNT State College Median & Landscape Improvements $ 1,687,843.50 OUR JOB# 204-06 CONTACT Dan DeBassio PHONE 714-765-6845 DESCRIPTION & CONTRACT AMOUNT Lincoln Ave. / Sunkist St. Intersection Improvements $ 421,003.00 OUR JOB# 203-06 CONTACT Dan DeBassio PHONE 714-765-6845 DESCRIPTION & CONTRACT AMOUNT Harbor Blvd. / Ball Road Intersection Improvements $ 394,010.00 OUR JOB# 202-06 CONTACT Dan DeBassio PHONE 714-765-6845 DESCRIPTION & CONTRACT AMOUNT Lincoln Avenue Street Improvements $ 1,678,026.00 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 o Fax (714) 247-1041 K 0GINEERINGIc GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B CONTRACTORS PROPOSAL REFERENCE LIST OWNER City of Brea ADDRESS One Civic Center Circle, Brea, CA 92621 OUR JOB# 189-05 CONTACT Raul Lising PE PHONE (714) 671-4450 DESCRIPTION & CONTRACT AMOUNT Lambert & Kraemer Intersection Improvemetns $ 287,506.00 OUR JOB# 173-03 CONTACT Raul Lising PE PHONE (714) 671-4450 DESCRIPTION & CONTRACT State College Blvd./Lambert Rd Intersection Impts. & Brea Blvd. / AMOUNT Central Ave Intersection Impts. $ 1,220,294.48 OWNER City of Chino ADDRESS 13220 Central Avenue, Chnio CA 91710 OUR JOB# 219-09 CONTACT Naghmen Imani PHONE (909) 464-8367 DESCRIPTION & CONTRACT AMOUNT Traffic Signal Upgrades- Chino Ave. at Pipeline Ave. $ 164,164.00 OUR JOB# 165-03 CONTACT Naghmen Imani / Pete Reinheimer PHONE (909) 464-8367/ 909-464-8305 DESCRIPTION & CONTRACT AMOUNT Mountain Ave Water Main $ 338,020.04 OWNER City of Colton ADDRESS 650 N. La Cadena Drive Colton, CA 92324-2897 OUR JOB# 172-03 CONTACT Victor Ortiz PHONE (909) 370-5065 DESCRIPTION & CONTRACT AMOUNT Valley Blvd. Median improvements $ 351,437.60 OUR JOB# 157-02 CONTACT Amer Jakher, PE PHONE (909) 370-5067 DESCRIPTION & CONTRACT AMOUNT Santa Ana River Project Area - Washington Street Medians $ 617,569.71 OWNER City of Costa Mesa ADDRESS 77 Fair Drive, Costa Mesa, CA OUR JOB# 175-04 CONTACT Tom Banks PHONE (714) 754-5029 DESCRIPTION & CONTRACT Bike Trial @ OC Fairgroungs - Newport Blvd. South, Fair to AMOUNT Arlington $ 193,026.47 1401 Warner Avenue, Suite B, Tustin, California 92780 ® (714) 247-1040 . Fax (714) 247-1041 OWNER ADDRESS OUR JOB# CONTACT PHONE DESCRIPTION & CONTRACT AMOUNT OWNER ADDRESS OUR JOB# CONTACT PHONE DESCRIPTION & CONTRACT AMOUNT OUR JOB# CONTACT PHONE DESCRIPTION & CONTRACT AMOUNT OWNER ADDRESS OUR JOB# CONTACT PHONE DESCRIPTION & CONTRACT AMOUNT OUR JOB# CONTACT PHONE DESCRIPTION & CONTRACT AMOUNT OUR JOB# CONTACT PHONE DESCRIPTION & CONTRACT AMOUNT OUR JOB# CONTACT PHONE DESCRIPTION & CONTRACT AMOUNT OUR JOB# CONTACT PHONE DESCRIPTION & CONTRACT AMOUNT GE ENGINEERINGINt GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B CONTRACTORS PROPOSAL REFERENCE LIST City of Cypress 5275 Orange Ave, Cypress CA 90603 164-02 Kamran Dadbeh PE (714) 229-6756 Ball Road Parkway Improvements City of Downey 11111 Brookshire Ave Downey, CA 90241-7016 205-06 Jim Bautista (562) 904-7117 Paramount Blvd. 162-02 & 162A-02 Anthony La (562)904-7118 Paramount Gateway Streetscape 2000 Main Street Huntington Beach, CA 218-08 Dave Verone 714-375-8471 Safe Routes to School - Cycle IV in the vicinity of View Middle School 215-08 Eric Charlonne (714) 536-5430 Magnolia Street Sidewalk Improvements 212-08 Eric Charlonne (714) 536-5430 Safe Routes to School, Cycle V - Sowers School 195-05 Eric Charlonne (714) 536-5430 Underhill Lane Improvements 190-05 Eric Charlonne (714) 536-5430 Adams & Brookhurst Intersection Improvements $ 290,325.37 $ 394,771.00 $ 1,132,265.62 Mesa $ 170,000.00 $ 437,000.00 $ 274,688.00 $ 577,577.50 $ 434,974.00 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 9 Fax (714) 247-1041 X AINEERINGINt GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B CONTRACTORS PROPOSAL REFERENCE LIST OWNER City of Irvine ADDRESS One Civic Center Plaza Irvine, CA 92623-9575 OUR JOB# 210-07 CONTACT Louie Martinez PHONE (949) 724-7343 DESCRIPTION & CONTRACT AMOUNT Michelson Drive Improvements (From Royce to University Dr.) $ 497,710.50 OUR JOB# 168-03 CONTACT Steve 011o PHONE (949) 724-7562 DESCRIPTION & CONTRACT AMOUNT Harvard Blvd. Bike Trail $ 329,030.31 OWNER City of Laguna Hills ADDRESS 24035 El Toro Road, Laguna Hills, CA 92653 OUR JOB# 196-05 CONTACT Kenneth Rosenfield PE PHONE 949-707-2655 DESCRIPTION & CONTRACT AMOUNT Intersect Wide/Pvmt Resurf & Median Impts Molton Pkwy $ 1,064,003.60 OWNER City of La Mirada ADDRESS 15515 Phoebe Ave La Mirada, CA 90638 OUR JOB# 155-02 CONTACT Gary Sanui PHONE (714) 522-6821 DESCRIPTION & CONTRACT Rosecrans Pavement & Median Reconstruction Valley View to AMOUNT Biola $ 564,000.00 OWNER City of La Palma ADDRESS 7822 Walker Street, La Palma, CA 90623-1771 OUR JOB# 216-08 CONTACT Ismile H. Noorbaksh P.E. / Larry Baldwin PHONE 714-690-3310 ./ 714-292-2574 DESCRIPTION & CONTRACT Median Improvements for La Palma Avenue from Denni St. to AMOUNT 240 Feet West of Moody St. $ 380,380.65 OWNER City of Mission Viejo ADDRESS 200 Civic Center, Mission Viejo, CA 92691 Our Job # 171-03 CONTACT Marc Chagnon PHONE (949) 470-3091 DESCRIPTION & CONTRACT Alicia Pkwy / Trabuco Cyn Intersection Traffic Signal Impts & AMOUNT Alicia Pkwy Median Landscaping $ 396,256.58 Our Job # 160-02 CONTACT Marc Changon PHONE (949) 470-3091 DESCRIPTION & CONTRACT AMOUNT Improvement of El Paseo Roadway & Traffic Signal Impts $ 223,734.33 1401 Warner Avenue, Suite B, Tustin, California 92780 e (714) 247-1040 • Fax (714) 247-1041 0INEERING I GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B CONTRACTORS PROPOSAL REFERENCE LIST OWNER City of Newport Beach ADDRESS 3300 Newport Blvd., Newport Beach, CA 92663 OUR JOB# 217-08 CONTACT Iris Lee / Marcus Puglisi PHONE (949) 644-3323 / (949) 795-6942 DESCRIPTION & CONTRACT Pelican Hill Road North and Newport Coast Drive Southbound AMOUNT Right Turn Improvements $ 318,318.00 Our Job # 211-07 CONTACT Andy Tran P.E. / Marcus Puglisi PHONE (949) 644-3315 / (949) 795-6942 DESCRIPTION & CONTRACT AMOUNT Superior Avenue Median Improvements $ 634,118.50 Our Job # 179-04 CONTACT Robert Stein P.E. / Marcus Puglisi PHONE (949) 644-3322 / 949-795-6942 DESCRIPTION & CONTRACT AMOUNT Newport Blvd. / Balboa Blvd. Merger (Mixmaster) $ 273,625.75 OWNER City of Orange ADDRESS 300 E. Chapman Avenue Our Job # 230-11 CONTACT Alan Truong PHONE 714-744-5567 DESCRIPTION & CONTRACT AMOUNT Main Street Widening and Water Improvements $ 3,200,000.00 OWNER City of Paramount ADDRESS 16400 Colorado Avenue, Paramount, CA 90723 OUR JOB# 167-03 CONTACT Robert French — Willdan & Associates PHONE (562) 714-5599 DESCRIPTION & CONTRACT Street, Traffic & Landscape Impts on Paramount Blvd. & Harrison AMOUNT Streets $ 867,957.00 OWNER City of Riverside ADDRESS 3900 Main Street Riverside, CA 92522 OUR JOB# 176-04 CONTACT Juan Rojas PHONE (951) 826-5236 DESCRIPTION & CONTRACT AMOUNT Van Buren Blvd. Median Improvements $ 740,000.15 OUR JOB# 174-04 CONTACT Juan Rojas PHONE (951) 826-5236 $ 330,076.68 DESCRIPTION & CONTRACT AMOUNT Central Ave to Chicago, Alleys, Fairmount from Strong to 60 Fwy 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 9 Fax (714) 247-1041 GE 89GINEERINGINt GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B CONTRACTORS PROPOSAL REFERENCE LIST OWNER City of Torrance ADDRESS 3031 Torrance Blvd., Torrance Ca 90503 Our Job # 166-03 CONTACT Sandy Cohen PHONE (310) 618-2824 DESCRIPTION & CONTRACT Hawthorne Blvd. / Del Amo Blvd. Traffic Signal and Interesection AMOUNT Improvements $ 336,841.11 OWNER City of Upland ADDRESS 1370 N. Benson Ave Upland, CA 91786 OUR JOB# 177-04 CONTACT Alex Qishta PE PHONE (909) 931-4272 DESCRIPTION & CONTRACT AMOUNT Foothill Blvd. Medians $ 110,073.96 OWNER City of Wesminster ADDRESS 8200 Westminster Blvd. OUR JOB# 198-05 CONTACT Jake Ngo PHONE (714) 898-3311 x 217 DESCRIPTION & CONTRACT AMOUNT City Hall North Parking Lot Improvements $ 287,287.00 OUR JOB# 197-05 CONTACT Jake Ngo PHONE (714) 898-3311 x 217 DESCRIPTION & CONTRACT AMOUNT Westminster Blvd. Median Improvements from Beach to Edwards $ 2,100,000.00 OWNER City of Yorba Linda ADDRESS 4845 Casa Loma Ave POBox 87014, Yorba Linda, CA OUR JOB# 207-07 CONTACT Mark Stowell PHONE (714) 961-7172 DESCRIPTION & CONTRACT AMOUNT Esperanza Road Mitigation Project $ 4,137,990.00 OUR JOB# 169-03 CONTACT Fernando Saldivar PHONE (714) 961-7170 DESCRIPTION & CONTRACT AMOUNT Yorba Linda Blvd. Median Improvements $ 556,270.26 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 • Fax (714) 247-1041 THE AMERICAN INSTITUTE OF ARCHITECTS fa AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we GMC Engineering, Inc. as Principal, hereinafter called the Principal, and Western Surety Company a corporation duly organized under the laws of the State of South Dakota as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Total Amount Bid Dollars ($ 10% h 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 Rehabilitation of Hanover Lane from McFadden Ave. to End NOW, THEREFORE, If the Obtigee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee'n accordance with the terms of such bid, and give such bond or bonds as maybe specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Ob!igee the difference not to exceed the penalty hereof betvveen 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, th¢n this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 20th day of April, 2013. GMC Engineering, Inc. �- - iPrinOpal) (seal! t BY Genna y C iz i Ti Presicitrilt Western Surety Company _ lSurety) ~ (Seal) BY ' / ' (Title) Jeffrey R. Gryde. Attorney -in -Fact AIA DOCUMENT A310 • BID BOND s AIAS o FEBRUARY 1970 ED. ®THEAMERICAN NSTtTUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON. D.C. 20005 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On April20, 2013 before me, P Zeis, Notary Public, personally appeared Jeffrey R. Gryde Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature P. ZEIS o°:, COMM. #1974059 z z `s>i Notary Public • California � r Orange County o My Comm. Expires Apr. 29, 2016 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title ordescripiionfrfauauhGdcG uratetrt► (L isle or descriptian efattachod document continutxl) Number of Rages Document Dstc (Additi4x,al information) CAPACITY CLAIMED BYTHE SIGNER. CI Individual (S) E Corp rate Officer {Ti30 ❑ Partnet(s} EXI Artomq-art-Fact ❑ Trustec(s) ❑ Ot e'r INSTRUCTIONS FOR COMPLETING THIS FORM Anv aekmrnderlgmvrr cxrmpdeled in Calyrornfa mrim cooifain verbiage eracrry as ad>pears above in the rforar r secrion ar a separrare ae�-nvwledgmerrr fame Rjus; be prct-dv# completed and attached ro drat tloainremr. The on Fr e-yredxim is t;+' a document is to Its recorded rt+erside of Crdirorwa_ lit sirch irrsratrces, 4m. rt;Rer."drie•e acknoN kl tg nenr verbmge as dery be printed on suede a dorttn+ear se long as rife ,,arbiage does not reyrr;r a the down, to dot sr7HleAk.g rirw is ificgaf tw- a RUran, in California (.e. certrjving the arrrhar ZIed capoacf{r of the signer)- Please eheci the documrent ctjrefittly for proper notarial mvral-ding and arrach rdris-d©rm if )Tgvire.d. • State and C mmry information mast be llte Stair and Coardy where the docutnera signm(s) rnmotmlly appesreJ before thenotary public fctr acknftu lect�rnent. • hate of nntariratian must he the &te, drat the signer(s) personally appeared which must also he the .szone dme the ;wknowledgrnent is completed. • The notary public mist print hih it her name as it appears within his ttr her comrtri"ion Wl wed 1w a cUmHna and. then youf title inotm v public),. • Mat the uatne(s) of docµmcul srgnesys) who pos"tatly snpcar at the LinAc oI near ization. • Indicmtu the currtat singular rtr phtral loons by crossing off inwrrrct ferns 6.c- hcVsheidwt it i5 Mm l or cirehng die LYarrr i ft aim Failure to com'ctly indicale this information may lead to mjiZtim of documwtt mcording_ • The notary seal i[npres6iou imust be clear 4ml plrowgraphicalty reprdttcihle. Impression imm no cuvt r Leti or Imes. If seat impression sLmtdges, re-scal If a suiiteienr area purnits, ollwrw•ine �*mplult a different acknawltedgltte "i form. • Signature of the nttiaTy public nwst ntutth the signature on File wish the arf ce cif the c wxn€y clerk, Addtiitrral in€unnation is aL% re€urnd but Cuuldf help to entiaFt this acknowledgment is not misused or attached to a diffcrcnt dncuivicnt. Indicaic ritte w lype ofatiached document, numberofpages and date. 8f Indicate [he t.aprduay claimed by the si;graer, If the claitna capacity is a ccwrxrrat€ offiwer, indicate tht tale(i-e. CE0, CR), Secretary). • Securely attach this document to the signed iks-urnerrt CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On Apr. 23, 2 013 before me, Barbara A. Myers, Notary Public , (Here insert name and title of the officer) personally appeared Gennady Chizhik who proved to me on the basis of satisfactory evidence to be the personW whose nameW is/subscribed to the within instrument and acknowledged to me that he/,s�/tkey executed the same in his/hieT/their authorized capacity , and that by his.liatr/th-eiT signature(o on the instrument the person(81, 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. SAR�1A A. RAPERS Conani3aion 0 119 z 190WV Pins- ( Momis s WITNESS my hand and officia a 1. OMP Car 11 *myComm. i<¢8 dun 1 2016 (Notary Seal) Signature ofNotary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bid Bond — Rehabilitation of (Title or description of attached document) Hanover Lane form McFadden Ave (Title or description of attached document continued) Number of Pages 1 Document Date 4 20 13 to End. — Huntington Beach (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) �I Corporate Officer President (Title) ❑ Partner(s) ❑ .'Wornev-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 illegalfor a notary in California (i.e. certifying the authorised 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/tkiey- 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 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk June 12, 2013 Nobest, Inc. P O Box 874 Westminster, CA 92684-0874 RE: Rehabilitation of Hanover Lane—CC-1438 Enclosed please find your original bid bond for CC-1438. Sincerely, a r' P H�r Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand T W kYra S t' X"P' a° njw JA � y x em OVI LN w e� "s'M'>, j�r��:��µs �� ,*�h"„ x�x. �, 3?, } k rs ���,'°a�.^�,y�.•�_,M°a"'u-,�� '�' y ,JI 9,-M for the Pavement REHABILITATION OF HANOVER LANE from FROM M[CFADDEN AVE. TO END CC No. 1438 in the CITY OF HUNTI<NGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTI[NGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find iell '� UOnin the amount of $ l0 I'd which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt.of all Addenda here, if any: Addenda No. Date Received Bidder's S nature C-2 . PROJECT BID SCHEDULE )Et0ar ® ::::: Est: taaeel u:ari ..:::::: Q....... 3. Biil:ffterii:I3esei :finis :::::::::::::::::::::::::: P.... .. ; .....:::............ >;>:: ;;: ;::::::::::.. .............................................................. :::::::::::::::::::.:fix#ended ::::::::...... : >: nflt ::ice ...jJ.... .......................... >:Amount: : 1 1 LS Mobilization $ $ 2 24 EA Construct Curb Access Ramp per Caltrans Std. Plan A88A. (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, slot pave, etc.) $ 2., S8o .,1L $ On r 3 1000 TN Construct 0.12' thick PG-64-10 AC overlay across roadway surface $ 607, �" $ (a 7, 4 88800 SF Furnish and Install Petromat across roadway surface $ ©, `S $ 13, 32o 5 9 EA Adjust Sewer Manhole to match new finished surface $ ay- $ 6 47 EA Adjust Sewer Lateral to match new finished surface $ SD• c� .� $ Zr 350, 7 21 EA Replace and adjust Water Valve Cover to match new finished surface $ $ (� 8 61 EA Replace water meter box frame and cover with City furnished box and cover to match new finished surface $ —SZ). $ 33 0S-P. 9 6800 SF Cold Mill 0.12' thick adjacent to side streets and transverse joins and taper to zero 20 $ 0, 10 31270 SF Cold Mill 0.12' thick and taper to zero, 7' width from gutter edge �y $ O. —" $ �, 2 S-t( C-2.1 PROJECT BID SCHEDULE lteir i�fl::::: ......... styiriaae.. .:1➢ari ltV.. �.. .. ... .J. ...::::::::::::::::::::::: ;::::::::.. ..... .. cr. a�oit:':::::::::::: >: ' :::>:............::: :::: >: ..................................................................... ::: .......:::: �Ifla l yCe :? ;:: :::::....... >: >: I:ITflQ)L911a:: ;: 11 21520 SF Surface Grind existing pavement 0.12' thick $ O. 2-s $ 5 - 12 1000 LF Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 (CF=6"). (Item includes lot drain, slot pavement, aggregate $ 3-1, °� $ 3 `? MX) base, residential driveway curb and gutter, and painting addresses) 13 3430 LF Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 (CF=8"). (Item includes lot drain, slot pavement, aggregate $ 2- q� $ J.. LqQ(p0. base, residential driveway curb and gutter, and painting addresses) 14 18000 SF Remove and Replace Sidewalk per H13 Std. Plan 207 (W=4'). (Item includes fire hydrant pad in parkway) $ _ '� $ 15 7050 SF Remove and Replace Residential Driveway Approach per HB Std. Plan 209. ("W" per plan)(Item includes onsite blending; $ 6� — $ does not include curb and gutter) 16 5200 SF Remove and Replace Residential Cross Gutter per HB Std. Plan 205. (Item includes lot drain, slot pavement, aggregate base, $ �• ,y $� �Ull• residential curb and gutter, and painting addresses) 17 62 EA Clear and Grub existing landscape including tree roots 24" below new finished surface, replace with Class A top soil, and 4D $ $ %? plant dwarf fescue sod for each address lot. (address lot includes shared parkway frontage and both parkway frontages for corner lots.) 18 37 EA Remove and Replace Irrigation for each parkway per address lot.; (address lot includes shared parkway frontage and both frontages $ S��- -� GG�*,�, ass $ Id/J�-z' r for corner lots.) 19 1 LS 90 Day Plant Establishment for turf i 20 1 LS Traffic Control per Specification $ C-2.2 PROJECT BID SCHEDULE 21 11 LS �id:){teiri>eser :t�nii ..... : ........... ........... . . P..... Remove and Replace Traffic Striping in kind Jnit:Peace:: ::::Amo�a it:: $ 1$ Total Amount Bid in Figures: $, `= Total Amount Bid in Words_ �� %,,� _Tt �-i¢,,, �tl„/ ---------------------------- - - �_ crs6 C-2.3 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 Dollar Amount % of Contract �t? Ntv�' `�-yeu.•�r„r3� UV�q �Y%% l �r t-IZZo By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 i �4; �._ I # € Blb •� I declare under penalty of perjury under the laws of the tle of California that the foregoing is true and correct and that this declaration is executed on , at Da City State i being first duly sworn, deposes and says that he or she is of 1yoke511- -rnc- the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of B 79d A1w�4 A�� Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITE' OF HUNTINGI'ON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the REHABILITATION OF HANOVIER LANE, (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 In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes l/ No If the answer is yes, explain the circumstances in the space provided. FA Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. Date: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Ne b e 5-�- -T17r- Contractor By Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name 1240,0 k a C, � h 11,�- Business Address 6arJell (7- rC) C4 ` )Jql City, State Zip Telephone Number s w . 4 State Contractor's License No. and Class `t - �? Original Date Issued 3/ _/'� Expiration Date The work site was inspected by ( !ke ZeUI'S of our office on % , 201,1. The following are persons, firms, and corporations having a principal interest in this proposal: T(ewS0re," -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. open- J-nl. Company Name Signature of Bidder �'?(fpd Printed or Typed Sign re Subscribed and sworn to before me this %,!? day of 20 KAY E. ANDERS(^ ^ l COMM. #1852452 O NOTARY PUBLIC-CALIFORNIA '* ORANGE COUNTY My Comm. Expires June 13, 2013 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 5�6 4 c( Name and Address of Public Agency 2. 3. Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-9 REFERENCE LIST Page 1 No. 1 Project Name/Number: Annual Concrete Maintenance Program Project Description: R&R Concrete Sidewalk Drive Approaches Curb Ramps Curb & Gutter Approximate Construction Dates: From 2/1/13 To: Present Agency Name: City of Huntington Beach Contact Person: Dereck Livermore Telephone: (714) 960-8861 Original Contract Amount: $500,000 Final Contract Amount: In Progress No. 2 Project Name/Number: Central Balboa & Newport Heights Alley St. Replacement Project Description: Remove and Replace Concrete Alleys Streets Curb & Gutters Sidewalk Curb Ramps Approximate Construction Dates: From: 1/2013 To: Present Agency Name: City of Newport Beach Contact Person: Mike Sinacori Telephone: 949) 644-3342 Original Contract Amount: $1,320,000 Final Contract Amount: $ 1,101,688 Page 2 No. 3 Project Name/Number: Maintenance Service Agreement Project Description: Remove and Replace Concrete at Various Locations Approximate Construction Dates: From: 7/1/12 To: Present Agency Name: City of Westminster Contact Person: Todd Miller Telephone: 714) 681-3020 Original Contract Amount: $345,000 Final Contract Amount: In Progress Project Name/Number: Reconstruction of Aulney Lane Project Description: Remove & Replace Concrete Sidewalk Drive Approaches Curb Ramps Curb & Gutter Approximate Construction Dates: From: 10/2012 To: 1/2013 Agency Name: City of Huntington Beach Contact Person: Joseph Dale Telephone: 714) 536-5915 Original Contract Amount: $478,569 Final Contract Amount: $ 478,569 Page 3 No. 5 Project Name/Number: La Cuarta Street Reconstruction Project Description: Concrete Construction Asphalt Overlay Water Line Replacement Approximate Construction Dates: From: 6/2011 To: 9/2011 Agency Name: City of Whittier Contact Person: Kyle Cason Telephone: (562) 567-9511 Original Contract Amount: $1,022,001 Final Contract Amount: $ 1,022,001 Project Name/Number: Old Town Resurfacing Program Project Description: R&R Concrete Sidewalks Alleys Curb & Gutter Approximate Construction Dates: From: 4/2010 To: 11/2010 Agency Name: City of Seal Beach Contact Person: David Spitz Telephone: (562) 431- 2527 Original Contract Amount: $1,500,000 Final Contract Amount: $ 1,730,000 THE AMERICAN INSTITUTE OF ARCHITECTS Bond Number: NOBIN-95 a AIA. Document A310 KNOW ALL MEN BY THESE PRESENTS_ that we Nobest Incorporated 7600 Acacia Ave. Garden Grove CA 92841 as Principal; hereinafter called the Principal. and Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines IA 50321 a corporation duly organized: under the laws of the State. of Iowa as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main St., Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sure of Ten Percent of Amount Bid Dollars ($ 10%), for the payment of which sure 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: Pavement Rehabilitation of Hanover Lane, CC No. 1438 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 Contmct'and for the prompt payment of. labor and material furnished in. the prosecution thereof, or in the. event,of the failure of the Principal to enter such Contract and. give such bond or bonds, if the. Principal shall pay to the:Obiigee 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 thisobligation shalt be null and void, otherwise to remain.in full force and effect_ `Signed and sealed this 5th day of April, 2013 (witness) (Witness) Arturo Ayala (Sea!) AIA. DOCUMENT A310 BID BOND a AIA ® • FEBRUARY 1970.ED.- THE AMER O N. INSTITUTE OF ARCHITECTS; 1735 N-Y. AVE., N.W., WASHINGTON; D-C. 20006 1 State of California County of Orange On t X23 / before me, Ray E. Anderson/Notary Public , (Here insert name and title of the officer) personally appeared Larry Nodland who proved to me on the,basis of satisfactory evidence to be the person,��whose nameXis/ subscribed to the within instrument and acknowledged to me that h%laetheyexecuted the same in his/,hc'r/tWauthorized capacity�oe-4, and that by his,4ierf 4dr signature 'On the instrument the personas); 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. --.--- KAY E. ANOERSON WITNESS m and and official seal. i �T 'm, COMM. #1852452 0 y Uy :mE ' °,j NOTARY PUBLIC-CALIFORNIA 0 "^' ORANGE COUNTY s My Comm. Expires June 13. 2013 (�ignature of Notary Public (Notary Seal) O I 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) N Corporate Officer President (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 maybe 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 forth 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 (ie. Wshe/4h@5-- is lace ) 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. -.6 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 STATE OF CALIFORNIA County of Orange On 4/5/13 before me, Susan Pugh ary NotPublic Date Here Insert Name and Title of the Officer personally appeared Arturo Ayala Names) of Signer(s) - SUSAN PUGH COMM, #1934229 v Notary Public-CBllTornla s QiWIGS COUNTY `• My Comm, Expires Apr 29, 2015 who proved to me on the basis of satisfactory evidence to be the person(Y) whose name(,-,t) is/mm subscribed to the within instrument and acknowledged to me that he/stieAbuy executed the same in his/hIacAb& authorized capacity(), and that by his/kadtbeiT signature(x) on the instrument the person(.), or the entity upon behalf of which the person(x) 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, 0'1, . Place Notary Seal Above Signature of Notary Public <$u Pugh OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 4/5/13 Number of Pages: One Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General 9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: .;�C:`�C.:= _ _ _ - _, _ . _ . _: _ ..- �4�-4-`EfJ�'�`i✓f�CL"C�'�`�t"�'L�-�ti�r_`.'L�^r"V�Z^�4;`�:- � _ - _ _ _ -"�;� 2007 National Notary Association • 9350 De Soto Ave., P.D. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNctary.org Item 45907 Reorder: Call Toll -Free 1-800-876-6827 MERCHANTS�k Bond No. NOBIN-95 BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Andrew Waterbury; Arturo Ayala; Daniel Huckabay; Dwight Reilly of Orange and State of CA their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION ($10,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the 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 Attomeys-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 of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 27thday of February , 2012 . G T,* A MERCHANTS BONDING COMPANY (MUTUAL) p�PORq' 9y'. MERCHANTS NATIONAL BONDING, INC. CQ :G7 '' �y 1933 c: '-,�.� • . ..•;�'t yea dW• • � • •'\-��, STATE OF IOWA yp�t+rnHdt+�i'���* • •'' • • •' °• President COUNTY OF POLK ss. On this 27thday of February , 2012, before me appeared Larry Taylor, to me personally known, who being by me duly 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 is 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. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARANDA GREENWALT s : Commission Number 770312 My Commission Expires OM1A October 28, 2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. 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. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 5th day of April 2013 .•�ONNG .Ct7,y�•.. 0 �4,•0(tP0,9 �'• 1933 c POA 0014 (11/11) Secretary City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk June 12, 2013 Optima RPM, Inc. 17945 Sky Park Cir., Ste. D Irvine, CA 92614 RE: Rehabilitation of Hanover Lane—CC-1438 Enclosed please find your original bid bond for CC-1438. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand `V\ ®,ta RPM ro.01aid, 64 q 36 / �'! SECTION C PROPOSAL for the Pavement REHABILITATION OF HANOVER LANE from FROM MCFADDEN AVE. TO END CC No. 1438 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bid Bond in the amount of $ 10% of Proposal which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE ain ::Esti mate .:::.:.:.:.:.:.::.:..:. ..: Q ty..... ::: < <::.;:::::::::::::':::::::::::>:::::;:::::::::::::::::::::::::_;:: Bi[l :gtem: Desert . 'ori:::::::::::: :::::::::: ::::::::<::<::::::::::::::::::;:;::::::::::::.:::.:.::::::::::::::::.:.:. ............ <::::::: . ;::::::Untt.:Price:::...... x .... . 1 I LS Mobilization $ /�O,1,2 0 $ q'© 12 2 24 EA Construct Curb Access Ramp per Caltrans Std. Plan A88A. (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, slot pave, etc.) $ (�✓ $ �2.3�/ 3 1000 TN Construct 0.12' thick PG-64-10 AC overlay across roadway surface $ //6- $ 2 $ 11�,42-6 4 88800 SF Furnish and Install Petromat across roadway surface $ O. 5 3 $ Z17, 09* 5 9 EA Adjust Sewer Manhole to match new finished surface $ &Sq.4((-) $ 61 /69. (10 6 47 EA Adjust Sewer Lateral to match new finished surface $ 7C7 $ 33, 27 Go 7 21 EA Replace and adjust Water Valve Cover to match new finished surface $ 2�� $ 6 8 61 EA Replace water meter box frame and cover with City furnished box and cover to match new finished surface $ /47. 50 $ 8.9J7 .S 0 9 6800 SF Cold Mill 0.12' thick adjacent to side streets and transverse joins and taper to zero $ O. (v $ 10 31270 SF Cold Mill 0.12' thick and taper to zero, T width from gutter edge $ O. R / $ A, yS5. 70 C-2.1 PROJECT BID SCHEDULE io......f2aniity . .: ::::::::::::::::::::......:.... : ::::::::::::: :::::::::::::::::::::: ::: ::::::::::: :::::::::::::::::::::: :;:.. `;Bid .Item I3escript�fln ;:.. :::::::::.::::::: . :::::: IJnit:Priee.mouna ea . Mi 11 21520 Surface Grind existing pavement 0.12' thick $ O. �' $ 937 6,0 SF 12 1000 Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 LF (CFI"). (Item includes lot drain, slot pavement, aggregate $ 30. 58 base, residential driveway curb and gutter, and painting addresses) 13 3430 Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 LF (CF=8"). (Item includes lot drain, slot pavement, aggregate $ 37.7(0 $ /Zq, base, residential driveway curb and gutter, and painting , addresses) 14 18000 Remove and Replace Sidewalk per HB Std. Plan 207 (W=4'). $ 7 3q $ 132-. /�U SF (Item includes fire hydrant pad in parkway) 15 7050 Remove and Replace Residential Driveway Approach per HB q. 5G 67i 37T SF Std. Plan 209. ("W" per plan)(Item includes onsite blending; $ $ does not include curb and gutter) 16 5200 Remove and Replace Residential Cross Gutter per HB Std. Plan p SF 205. (Item includes lot drain, slot pavement, aggregate base, $ residential curb and gutter, and painting addresses) 17 62 Clear and Grub existing landscape including tree roots 24" EA below new finished surface, replace with Class A top soil, and $.333. 50 $ 073. 22% plant dwarf fescue sod for each address lot. (address lot includes shared parkway frontage and both parkway frontages for corner lots.) 18 37 Remove and Replace Irrigation for each parkway per address lot. EA (address lot includes shared parkway frontage and both frontages $ G(D/. 264,. (gip for corner lots.) 19 1 90 Day Plant Establishment for turf $ 70�'U $ �7,0�� LS 20 1 Traffic Control per Specification $ /2990 $ 9YC' LS C-2.2 PROJECT BID SCHEDULE ems: ; st rrxate. >:>:::::::....::::::....::::::: ;::::::::::::::::::::::::::::: :::::::::::::::::::,:: s:::::: fer�tied: : Biel :Item: Descri.....:::::::::::::::::::::::::::::::::::::::::: A.M.ount::::::: 21 JI Remove and Replace Traffic Striping in kind Ls $ i2,3go $ iZ,3go Total Amount Bid in Figures: $ A& 2, 2 y j, 30 Total Amou•-n�Jt-•B-•id/% in Words: h���,��w_vjrfeo� si x �r �o _ _P U G_i.✓�OtJ U C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whicheveris 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 Dollar Amount % of Contract 2, 2 Ve.r.k-l.COL l COOC.r-e+e Gam. Cu fit• (-AQa 70 �- ��•Z % `�Yd? �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. 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 23 , at Irvine CA Date City State Maykel Hanna , being first duly sworn, deposes and says that he or she is Vice President of Optima RPM, 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. Maykel Hanna Name of Bidder Signature of Bidder 17945 Sky Park Circle, Suite D, Irvine, CA 92614 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 REHABILITATION OF HANOVER LANE, (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: April 23, 2013 C-5 Optima RPM, Inc. Contractor Maykel Hanna - By Vice President Title DISQUALIFICATION QUESTIOl®NAIRE 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. Date: April 23, 2013 C-7 Optima RPM, Inc. Contractor M a y k e I Hanna - By Vice President Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Optima RPM, Inc. Bidder Name 17945 Sky Park Circle, Suite D Business Address Irvine, CA 92614 City, State Zip ( 949 ) 724-1399 Telephone Number 961714 Class A & B State Contractor's License No. and Class June 3, 2011 Original Date Issued June 30, 2013 Expiration Date The work site was inspected by Akmal Hanna of our office on April 16 , 2013 . The following are persons, firms, and corporations having a principal interest in this proposal: Mohamed Mamoun - President C-a Maykel Hanna - Vice President 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. Optima RPM, Inc. Company Name Signature of Bi Mavkel Hanna Printed or Typed Signature Subscribed and sworn to before me this 23 day of April , 2013 . NOTARY PUBLIC `5-tC, Cleo` Jytc� 4-x C A-(-, NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 2. 3 Rio Hondo College - 3600 Workman Mill Road, Whittier, CA 90604 Name and Address of Public Agency Name and Telephone No. of Project Manager: Ken McElroy - 626.808.5425 $497,000 Contract Amount Citv of Mission Vieio Renovation for school building Name and Address of Public Agency Type of Work Name and' Telephone No. of Project Manager: April 2012 Date Completed Dan Sullivan - 949.470.3044 $358,644 Renovation of Public Library September 2012 Contract Amount Type of Work Date Completed The Irvine Company Name and Address of Public Agency Name and Telephone No. of Project Manager: Sergio Linares - 949.720.3183 Multiple Contracts Site work, asphalt, concrete Continuous Contract Amount Type of Work Date Completed C-9 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 W See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of California County of O rckN tJ ELIZABETH 1. RAMIREZ Commission s 1878O62 •� Notary Public - California Los Angeles County My Comm. Ex ires Feb 21.2014 Place Notary Seal Above Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this Mfg day of 1' , 20�(f, Date Month Year by Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me VJ —� (2) Name of Signer proved to me on the basis of satisfactory evidence to bet ppe re efore me.) Signature Signature Old No ary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Documents �d�Sc\- Document Date: 1 1J� (J 1 Number of Pages: Signer(s) Other Than Named Above: \ 0 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) RIGHTTHUMBPRINT RIGHT THUMBPRINT. OF SIGNER #1 OF SIGNER #2 • • • . .. . item soaiu THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 1000941760-06 KNOW ALL MEN BY THESE PRESENTS, that we Optima RPM Inc. 17945 Sky Park Cir., Ste. D Irvine, CA 92614 iHere insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and American Contractors Indemnity Company a corporation duly organized under the laws of the State of CALIFORNIA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (Here insert full name .and address or legal tide of Owner) as Obligee, hereinafter called the Obligee, in the sum of (10%) Ten percent of bid, not to exceed one hundred thousand & 00/100 dollars ($100,000.00) 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 Project No. 1438, Rehabilitation of Hanover Lane (Here insert full name, address and description of project) NOW. THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished i11 n 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 t>>is obligation shall be null and void, otherwise to remain in fufl force and effect. Signed and sealed on April 18, 2013 (Witness) Optima RPM Inc (Principal) (Seal) (Title) America Contr Sur ) (Witness) Vanessa Copeland Title) Step anie (Seat) AIA DOCUMENT A310 BID BOND AlA V FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On before me, Irene Luong, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephanie Hoang Name(s) of Signer(s) e LUONG OdaIRENE Commission # 1883838Notary Public California zOrange - County My Comm. Expires Mar 22, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/ate subscribed to the within instrument and acknowledged to me that+-ie/she/thay executed the same in-his/her/their authorized capacity("), and that by h4s/her/their signature(&) 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 t at the foregoing paragraph is true and .correct.. Witness my band Signature OPTIONAL. Notary Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Hoang ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner — ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ "Guardian or Conservator ❑ Other: Signer Is Representing: �:ism:�`--i•�'�`-��c�'4��n�4�%c�`�v�'��'?���;_ _ _ _ _ � •�s�'w�C���`t`�:'�;�: © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth. CA 91313-2402 • www.NationalNolary.org Item 45907 Reorder: Call Toil -Free 1-800-876-6827 III PII, II IIIpPII l l l 111 — - - I II;IIII'I , IIiII ilui I III III'I'I — =— _ - —_ fl — = - = rill Iglu a li I I it lyll;l',• II a I IIi:Isil1 — — _ � POWER OF ATT0EY — -- AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Companyt all California corporation, United States_ — CO ,u�l Surety Company, a Maryland cQ ratior��n t� Specialty Insurance ',Companyli Pexas corporations I tit�ely— h ` Corn Panies -y these resen_so it__—WAdWpoint: l l�h "illp!'I III IIII IIPII �I Ijll l glll III, _ — _ _ ill Ili' i I it :I i Pi Ili ,I I q _ - � _ 'IIII ��ll u�llllll III ��,I I IIIIIII I�III�III� I II:I� � l.u: _ - - Shawn Blume, StW arue Hoang, Eric Lowey or Mark Richardson of Costa Mesa, California its true and lawful Attorney(S)-in- fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead to execute, acknowledge and deliver any and all bonds, recognizances, undertakings ena dyes rrol exceed s f sUreVshirpIl, 9$;Rclude riders, am minrent co carts of surety, pravidrng the bdnd Qothcr mstru�rents or contract I£y _ _ g�I 'u'I�i14!I Ililo'I�I ��l l*ITee Million** — Dollars ($"3,a00,000 00**`) it lu Iglu : Itll u l T s Power Attorney shall expire„Ilwrt'but l II �laerlliaction on December iL_TLr—rawer o Attorney is granted under and by - authority of the following resolutions adopted by the Boards of Directors of the -Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions I I o�wp. ql' IIIII'OI��I,p, I IIII ,,, Attorney trr Fact may=be given full power_a�d tMty an�trr-Cevame of and on behalf"of f' I pm �r,y tole�Ceo�tF'glacknowledge and de!i a_�-arr& l l dam__ •'IIII IIII �I tlliIll'�IU I��I II !il!61 li9 Ills secognizances contracts, agreements or-isnemhity n o-_ cgs mditimial or obligatory undertake gs, I mcluc�mg Iany 'and all consents for=�h0Wffise refried= pe>centages and/or final estimates on engineer a camQugeticilmonl cts, and any and all'Inot�cles'and boc' entslllcancleling or terminating h� i an f3�lr thereunder, and any such instruments so execs"by any such Attomey-in-Fact shall be binding'upon the Company as if signed by the Presidentt a�rea�d 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 aayJbond-or-_urlderi to which it is attached ul,l I',lu q IIIIII it �� III I' III Ii; l' : III - II I III I; Pi, IIIII �L WITN SAVHI REOF, The Companie's'Me cau1.sed this instrument tie >ae W- d tW_ N — rate seals to be hereto affiked,rtl ts- 1 day of -December, 2012.I'o' l it AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY I Iq1 Corporate Seals tnperoRs'�I" II II 'III Ill li _ — �oP 4•,�_ —.,r--a���ia°` �'r,.es'a, =am�- -, see. u. +ss a !t ' ain„ll,lP. I AIUlar, ,IVI l0 ice PresideD— State of California %�?upoRNPn'` t r County of LosAngeles SS !!I IIII IIIIII IIiI I IIII il!Il lil IIII I11;i1 , M Qth 4a:yg De ember, 2012 before me' Vanessa Wnght, a notary pure reran a peare aniel P. Aguilar; Vice P_resident_o£ :i�111� (IIII IIII I�I'y: III ° - A&f ean-Contracrors Indemnity Go Irnplan yl Unaltcd Stiates'S'urety Company ai l p lnstirance ComparLywho proved to- rie on the basis of satisfactory evidence to be the person whose name is subscribedto the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Ilu V i Lull rya Ili Llli 14p1 V IIIiI'li I certunder PENALTY OF PER L�R_un er fie la of the State of allltfamia It)lat Ithe fore' oing paragrap. ntffordc �]VI`TNESS_mv hand and official §a — — 11i'll, IllUll IIII';II' IyI�IIIpI iIIIIIiIIIPd�illllo Ill aill'I — _ = L :Il'lll'I"I illlllliiil — cmin*Sne a t - Signature (Seal) Pk `°'' tas Angeles coi bl ;Comity. E Dn 8.3C16 I,-J-eannielee,Wssistant Secretary of Americanl'Contrallctl,lors Indemnity Coi�an&Uri €�StaMSurety Company and U S. Specialty OL —Insurance °Company, do hereby certifylllltl�latl tlhell ablduel lands,; foregoing is a -tire= fca�c�4 a Power of At�rney executed -by jai Corn cues, which is still m full foreglland'llel ffe,ct, y iir6h'ermore, the rMIMi—mof—i a>ris- Directors, set o_uM the Power_ of — Attorney are in full force and effe&.!` l'I I,II II',ll,,V' _ = - In Wi ess Whereof, I havehereuntoset my hand and affixed the seals of said Companies at Los Angeles, California this day of — I ,I ups I III q: II I I' lI gIIII I tl,l, I, I IIII IIllllld l — I'!I j ijIIII :IIIIII — -._ _ __ j IIII IIII IU I. I!IIIIi�IlI�1 li !il: _ -- = C0= Orate_SealS -- _ _ — IP'IIIiII I!lil'I' IIIiIIIIII:iIIpI�' I —= — _� — IIIIII I � III{II o,•JI:� - tRAC70.>S�. c`t 5 SUR msu:a i Bond No. I rccqq I ` <_ Jeannie Lee,sistant Secretary e¢onrowreu : _ is 2ai 18200 =r: s .� ,� u = a Agency No. �' s c nn�i. :I III y p: IIII 11!'r — ,4itfpRN1 it �yl ,�, IIII .....*':•, — - I _ III IIIIII I: I''i it Ili III l lilt ill _I�d �i11 IIII — --- City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk June 12, 2013 R. J. Noble 15505 E. Lincoln Ave. Orange, CA 92856 RE: Rehabilitation of Hanover Lane—CC-1438 Enclosed please find your original bid bond for CC-1438. Sincerely, G k it, W. 4 Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand aR a e ENGINEERING CONTRACTORS 15505 E. LINCOLN AVENUE • P.O. BOX 620, ORANGE, CA 92856 (714)637-1550 TO: CITY OF HUNTIINGTON 5E-ACH 2-NDFLOO z000 MAIN STRI✓ET HUNTINGTON t)E_ACH, CA 9z61-8 REHABILITATION OF HANOVER LANE FROM MCFADDEN AVE TO END CC NO. 1438, HUNTINGTON BEACH BID DATE: 04/23/13 BID TIME: 10:00 AM SECTION C for the Pavement REHABILITATION OF HANOVER LANE from FROM MCFADDEN AVE. TO END CC No. 1438 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL, OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington. Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall. govern over extended amounts, and words shall govern over figures. C-1 { if awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 10% Bid Bond in the amount of $-------------- which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 I> ei No:: 1 stmate _#end:ed u:antit .: Q y 1 LS Bid item Desc� i}�t.. . Mobilization iln:it Price:mquna $ 7 00 . .: $ _11-vD-00 2 24 EA Construct Curb Access Ramp per Caltrans Std. Plan A88A. (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, slot pave, etc.) $ $ 3 1000 TN Construct 0.12' thick PG-64-10 AC overlay across roadway surface $ 4 88800 SF Furnish and Install Petromat across roadway surface $ ._ Q. L $ lZ,Z 5 9 EA Adjust Sewer Manhole to match new finished surface 6 47 EA Adjust Sewer Lateral to match new finished surface $ 2-1D $.1110 0 7 21 EA Replace and adjust Water Valve Cover to match new finished surface $ S1 5 $ 8 61 EA Replace water meter box frame and cover with City furnished box and cover to match new finished surface $ 2� _ $ a,2j2D 9 6800 SF Cold Mill 0.12' thick adjacent to side streets and transverse joins and taper to zero $ • 2� I ,� $1 �(/3 Z, 10 31270 SF Cold Mill 0.12' thick and taper to zero, 7' width from gutter edge 2 $ �.✓O $1 C-2.1 PROJECT BID SCHEDULE fain 1Vc,: stimatc uan .. :. Q Y Sid Item 3escriptton . Unit Price:: EXteta e. .. . Amaunt.. 11 21520 SF Surface Grind existing pavement 0.12' thick $D. 25 $ S,33D 12 1000 LF Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 (CF=6"). (item includes lot drain, slot pavement, aggregate $ 5 ` $ G;) 1000 base, residential driveway curb and gutter, and painting addresses) 13 3430 LF Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 (CF=8"). (Item includes lot drain, slot pavement, aggregate $ $ t1q 1qW base, residential driveway curb and gutter, and painting addresses) 14 18000 SF Remove and Replace Sidewalk per HB Std. Plan 207 (W=4'). (Item includes fire hydrant pad in parkway) $�j . $ 15 7050 SF Remove and Replace Residential Driveway Approach per HB Std. Plan 209. ("W" per plan)(Item includes onsite blending; $ $ u,041151 does not include curb and gutter) 16 5200 SF Remove and Replace Residential Cross Gutter per H:B Sid. Plan 205. (Item includes lot drain, slot pavement, aggregate base, $ I .,1 $ p�q 4 _' residential curb and gutter, and painting addresses) 17 62 EA Clear and Grub existing landscape including tree roots 24" below new finished surface, replace with Class A top soil, and $ , [�7 �j $ �3,e plant dwarf fescue sod for each address lot. (address lot includes shared parkway frontage and both parkway frontages for comer lots.) 18 37 EA Remove and Replace Irrigation for each parkway per address lot. (address lot includes shared parkway frontage and both frontages $ for corner lots.) 19 1 LS 90 Day Plant Establishment for turf 20 1 LS Traffic Control per Specification $ uv $ S,300 C-2.2 .... .......... i p. on ... sed ti Ab.:f QuAlifit.. ....... ....... ............ 1-1 - I.. ::::� ...... Price:.. Amount 21 1 Remove and Replace Traffic Striping in kind LS s C-2.3 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 Subcontractor State Class Dollar '% of Ttem(s) License Amount Contract 1'Vumber Rftehica Cu.cl fi Ile( 6�l- it ors SPo -tWalnut fire, �=u11 9&M Wnds(ape 51039 C- 2 �913,30X � 190 PO total �� , AIU ZI S S-Mri f. no ► n D` 7- 19s. V i re �4qOM OMMI u Olk C SGW jO,6, rest C-Cl Ito 1 u3 By submission of this proposal, the Bidder certifies: I. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 I 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 04/23/13at ORANGE CA Date City State MICHAEL J. CARVER , being first duly sworn, deposes and says that he OkKK e is PRESIDENT of R.J. NOBLE COMPANY 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. R.J. NOBLE COMPANY Name of Bidder x S ature of Bidder MICHAEL J. CARVER, PRESIDENT 15505 E. LINCOLN AVENUE, ORANGE, CA 92865 Address of Bidder C-4 f State of California County of Orange CIVIL C®DE S i Inn On 04/23/2013 before me, J.DeIongh,Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael J. Carver J. DEIONGH _<<�a Commission # 1954610 z> v.-s Notary Public - California Orange County = My Comm. Expires Oct 28, 2015 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person] whose name is/a & subscribed to the within instrument and acknowledged to me that he/&h@A6W executed the same in his!Aem*veir authorized capacity i , and that by his/her/their signatureW 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 ,a. hand r Signature:cid official seal. 1 _ r Place Notary Seal Above / 'Signature of Notary Public OPTIONAL 1 Though the information below is not required by taw, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: i ____ Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: Cl Corporate Officer — Title(s): CI �I F FJ Sig Individual a p Partner — I --] Limited❑ General loof thur,b here Ing Attorney in Fact Trustee Guardian or Conservator Other: ner is Representing: _ Number of Pages: Signer's Name: _ = l Corporate Officer — Titie(s): -7 Individual ❑ Partner — ❑ Limited f=i General rTophumb here 11, Attorney in Fact u Trustee ❑ Guardian or Conservator • Other: Signer Is Representing: --- --y Na --- • iv auonanotary.org • i-buu-Uti NutAl-SY (1-80(3-876-6827) Item #5907 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the REHABILITATION OF HANOVER LANE, (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: 04/23/2013 R.J. NOBLE COMPANY Contractor MICHAEL J. CARVER, PRESIDENT Title 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? C] Yes ® No If the answer is yes, explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 04/23/13 R.J. NOBLE COMPANY Contractor MICHAEL J. CARVER, PRESIDENT Title C-7 BIDDER certifies that the following information is true and correct: R.J. NOBLE COMPANY Bidder Name 15505 E. LINCOLN AVENUE Business Address ORANGE City, 714 ) 637-1550 Telephone Number 782908 CLASS A & C-12 State Contractor's License No. and Class AUGUST 1999 Original Date Issued AUGUST 31, 2014 Expiration Date CA 92865 State Zip The work site was inspected by AUSTIN CARVER of our office on APRIL 19 ' 201 3 The following are persons, firms, and corporations having a principal interest in this proposal: R.J. NOBLE COMPANY A CALIFORNIA CORPORATION 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. R.J. NOBLE COMPAY Company Nam x Sig re of Bidder MICHAEL J. CARVER, PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this 23Rilay of APRIL NOTARY PUBLIC X J. DEIONGH 2013 ate . J. DEIONGH Commission # 1954610 a t.f _ Notary Public - California zz z=' Orange County My Comm. Expires Oct 28, 2015 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has perfonned similar work within the past two years: l CITY OF DANA POINT, 33282 GOLDEN LANTERN, DANA POINT, CA 92629-1805 Name and Address of Public Agency Name and Telephone No. of Project Manager: ARCHIE REMPHER 949-248-3558 1.4 MILLION ANNUAL ROADWAY RESURFACING MAY 2011 Contract Amount Type of Work Date Completed 2 CITY OF NEWPORT BEACH, 3300 NEWPORT BLVD, NEWPORT BEACH, CA 92658 Name and Address of Public Agency Name and Telephone No. of Project Manager: ALFRED CASTANON 949-644-3314 1.2 MILLION PAVEMENT REHAB Contract Amount Type of Work SEPT 2011 3. CITY OF FULLERTON, 303 W. COMMONWEALTH AVE., FULLERTON, CA 92832 Name and. Address of Public Agency Date Completed Name and Telephone No. of Project Manager: ERIC VILLAGRACIA 714-738-6853 $930,853.25 ORANGETHORPE RECONSTRUCTION Contract Amount Type of Work MAY 2011 Date Completed C-9 Western Surety Company BID BOND (Percentage) Bond Number: N/A KNOW ALL PERSONS BY THESE PRESENTS, That we R.J. Noble Company of , hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto of Huntington Beach hereinafter referred to as the Obligee, in the sum of ( 10 %) percent of the greatest amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Rehabilitation of Hanover Lane, CC-1438. NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this .-------- 17th _day of __ ___— April _ _ 2013 R.J. Noble Company _ BY X - ------ (Seal) MI EL J. CARVER, PRESIDENT _Western Suret AZ_ an _- ty) BY ---- -- -- (Seal) �,lem Scott Salandi Attorney-in-F act Form F5876 State of California County of Orange On 04/22/2013 before me, J.DeIongh,Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael J. Carver Names) of Signer(s) CIVIL CODE § 1189 who proved to me on the basis of satisfactory evidence to be the person fr whose nameW is/art- subscribed to the within instrument and acknowledged . to me that he/sI4@QiW executed the same in his/fir authorized capacity i , and that by his/her/their signature(61 on the instrument the J. DEI it 1g erson�� �, or the entity upon behalf of which the Commission # 1954610 p 1r'/ Y P a "� _ Notary Public - California Z person acted, executed the instrument. Z ItP,-� D - z�z"' Orange County My Comm. Expires Oct 28, 2015 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS,M- kiand an0loftial seal. Signature`s----"j I ` k I I Place Notary Seal Above OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valu le to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimer! by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General "thumb ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: • Corporate Officer — Title(s): • Individual a ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: © 2010 National Notary Association - NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item 45907 ACKNOWLEDGMENT State of California County of Orange ) On April 17th, 2013 before me, Kathleen Madeline Shuman (insert name and title of the officer) personally appeared James Scott Salandi, Attorney -in -Fact who proved to me on the basis of satisfactory evidence to be the person(-s} whose name(-s4 is/ere subscribed to the within instrument and acknowledged to me that he�af e executed the same in his/heOtheir authorized capacityf4e ,, and that by his/herAheir signatures on the instrument the person*, 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. Signature '4" (Tn' t SFAL OF rhF. KAT HLEEN MADELINE SHUMAN ��P `° '` COMM. # 1894581 X �® o NOTARY PUBLIC,CALIFORNIA Cn asp ORANGE COUNTY Ptj �A01F:O MY COMM, EXR JULY 3, 2014 (Seal) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James Scott Salandi, Leonard Ziminsky, David Jacobson, Individually of Irvine, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, .as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 8th day of April, 2013. `�Er}�, WESTERN SURETY COMPANY Bruflat, Vice President State of South Dakota ss County ofMinnehaha On this 8th day of April, 2013, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + J. MOHR June 23, 2015 I sFa� NOTARY PUBLIC s t SOUTH DAKaM + 1 J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the revers:Veris still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 17 _ day of WESTERN SURETY COMPANY -U. 'elm! W,_ TM ppK L. Nelson, Assistant Secretary Form F4280-7-2012 City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk June 12, 2013 Shawnan 12240 Woodruff Ave. Downey, CA 90241 RE: Rehabilitation of Hanover Lane—CC-1438 Enclosed please find your original bid bond for CC-1438. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand TO: From: SHAWNAN 12240 Woodruff Avenue Downey, CA 90241 LUJJ hi A e,'J hil ij 1J, 'r i i l� i -�-y a -F-�—�c,E v�;-� nS - f � h f L C(4Y .2()60 -Oo�jP4C /7, - ((4 CC A 1, lMr% nor% SECTION C PROPOSAL for the Pavement REHABILITATION OF HANOVER LANE from FROM MCFADDEN AVE. TO END CC No. 1438 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in° executing the required contract and filing the necessary bonds and insurance certificates within x 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. 0.477 Accompanying this proposal of bid, finOIDOER'n the amount of which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: f y'r" C', PROJECT BID SCHEDULE tem No saimaaed Quantity .. Bld Item Dc� iption . .: UMOWN"n:it Price' xten . . Amount 1 1 LS Mobilization $ 770, 000, $ D y0b,� 2 24 EA Construct Curb Access Ramp per Caltrans Std. Plan A88A. (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, slot pave, etc.) $ \ Epp °% $ "s,c . 3 1000 TN Construct 0.12' thick PG-64-10 AC overlay across roadway surface $ gN $ g- AV'0:°- 4 88800 Furnish and Install Petromat across roadway surface 5 9 EA Adjust Sewer Manhole to match new finished surface $ Z75 $ z H'tS 6 47 EA Adjust Sewer Lateral to match new finished surface $ \�O �= $i� f%W coo 7 21 EA Replace and adjust Water Valve Cover to match new finished surface $ a: $ "� \•-Y, m+ 8 61 EA Replace water meter box frame and cover with City furnished box and cover to match new finished surface $ 3'LV $ 9 6800 SF Cold Mill 0.12' thick adjacent to side streets and transverse joins and taper to zero $ a ? $ 10 31270 SF Cold Mill 0.12' thick and taper to zero, 7' width from gutter edge $ O �— $ og C-2.1 PROJECT BID SCHEDULE te- st►mate atendc No titanh . Q ty. Bid Item Descript,►n jJA Price Amount.. 11 21520 Surface Grind existing pavement 0.12' thick SF $ 0."21 "D 12 1000 Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 LF (CF=6"). (Item includes lot drain, slot pavement, aggregate $ base, residential driveway curb and gutter, and painting addresses) 13 3430 Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 LF (CF=R"). (Item includes lot drain, slot pavement, aggregate $ Z o: $ - -Z w base, residential driveway curb and gutter, and painting addresses) 14 18000 Remove and Replace Sidewalk per HB Std. Plan 207 (W=4'). SF (Item includes fire hydrant pad in parkway) $ z� �� S (0'1 sw " 15 7050 Remove and Replace Residential Driveway Approach per HB SF Std. Plan 209. ("W" per plan)(Item includes onsite blending; $ does not include curb and gutter) 16 5200 Remove and Replace Residential Cross Gutter per HB Std. Plan SF 205. (Item includes lot drain, slot pavement, aggregate base, $ \'Z o_ $ �y2,,V cx' residential curb and gutter, and painting addresses) 17 62 Clear and Grub existing landscape including tree roots 24" EA below new finished surface, replace with Class A top soil, and k plant dwarf fescue sod for each address lot. (address lot includes shared parkway frontage and both parkway frontages for corner lots.) 18 37 Remove and Replace Irrigation for each parkway per address lot. EA (address lot includes shared parkway frontage and both frontages $ tZ(j °° $ zZ �Ho, for corner lots.) 19 1 90 Day Plant Establishment for turf LS $CN�� $ to ,CX� 20 1 Traffic Control per Specification LS $ I 500o. 000., e- Oi IS C-2.2 PROJECT BID SCHEDULE Total Amount Bid in Figures: $ `j � 5, 13 0 , Z-= Total Amount Bid in Words: 5 lt.Ai h� �rn ......... St�G�I� ---------------- 61s h)U cy ((rd K i c ,�y Db 1 1 ar c- cgid +ems CP h 4 c C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid , Name and Address of Subcontractor ,', State Class , Dollar ,°' % of Items) Lacense T Amount contract = Number rmo,rki ne-Z f o r cre-e �Z b ' � Zv►S�, G !9' 3 q� �-i� A Zlo poo.— � 3ZgOiLl C7-7 yq,00a.`r= °io r-u < <-e �+o Y j c Z � �jlnj� rl or p�Ve1�'►��i y�,rkc r,�p -7-1(-P3o(P C3 Z Gres 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 foregoing is true and correct and that this declaration is executed on yj , at , �j Date Ci State St- AWN R. SMITH , being first duly sworn, deposes and says that he or she is President of SHAMAN the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Shawn A Smith, , t*Siftnt SHAWNAN Name of B Signature of Bidder 12240 Woodruff Ave. Downey, 41 Address of Bidder C-4 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles A POD 12 7_013 before me, N . Duron Notary Public, personally appeared SHAM A. S#ATH -President who proved to me on the basis of satisfactory evidence to be the person( whose name( is/ak subscribed to the within instrument and acknowledged to me that he/s1#/th# executed the same in hisV/th4 r authorized capacityO, and that by his/hy/tl0 signature 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. N. DURON COMM. #1866696 NOTARY PUBLIC • CALIFORNIA O LOS ANGELES COUNTY Comm. Expires Oct 1 2013 titistitivtiti:tirti:tititit�xttitirtitivttitiwvtitititi Signature (Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) NUMBER OF PAGES DOCUMENT DATE (Additional Information) CAPACITY CLAMINED BY SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner (s) ❑ Attorney -in -fact ❑ Trustee (s) ❑ Other o The Document Diva - Mobile Notary & Loan Signing Agent (562) 314-4319 PH ♦ (866) 405-9565 FX ♦ www.TheDocDiva.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 REHABILITATION OF HANOVER LANE, (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: APR 12 2013 Shawn A Smith., President Title 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 *0 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: APR- 12 2013 A Contractor Lo Shaven A Smith, President Title C-7 BIDDER°S INFORMATION BIDDER certifies that the following information is true and correct: -SHAWNAN Bidder Name 12240 Woo" A . Business Address City, i ) 0' 7 Telephone Number State Contractor's License No. and Class November 4,1993 Original Date Issued November 30, 2013 Expiration Date State Zip The work site was inspected by SHAWN A. SMrrH of our office on APR 11 2 Q 13p 1 The following are persons, firms, and corporations having a principal interest in this proposal: Shp wn A Sy ith, President John A. BMW, SM90W hs PhMip PGndargist, V C-8 C a -'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. SHAA Company Name Signature08`ied Shawn A Smith, Psa$idant Printed or Typed Signature Subscribed and sworn to before me this _day of APR 12 2q�� - SEE "1T#40Lo NOTARY PUBLIC SEE A7A p NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. SEA UTACHED Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work 2. SEE ATTACHM Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-9 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On 12 01 lefore me, cows President N . Duron , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(o whose nameW is/a46 subscribed to the within instrument and acknowledged to me that he/siK/tidy executed the same in his/*/thy authorized capacity( , and that by his/1�6/tyr signature) on the instrument the person(, or the entity upon behalf of which the person(4acted, 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. N. DURON COMM. #1866696 NOiARYPUBIICeCALIFORNIA _O LOS ANGELES COUNTY tiv.:tititititiv tv Comm. tvtpires Oct 1, 013 Signature (Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) NUMBER OF PAGES DOCUMENT DATE (Additional Information) CAPACITY CLAMINED BY SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner (s) -- ❑ Attorney -in -fact ❑ Trustee (s) ❑ Other © The Document Diva — Mobile Notary & Loan Signing Agent (562) 314-4319 PH ♦ (866) 405-9565 FX ♦ www.TheDocDiva.com Statement ®f Experience OD = Original Duration, TE= Time Extensions, AC= Actual Completion (ALL ARE IN CALANDER DAYS) 1 Owner: City of Chino 2 Owner City of La Puente/RKA Engineers P.M. Address: 13220 Central Ave Address 398 S. Lemon Creek Dr. - Suite E Chino, CA Walnut, CA 91789 Phone #: 909) 464-8367 Phone # 909) 594-9702 Fax #: 909) 590-5535 Fax #: 909) 594-2658 Contact: Naghmeh Imani Contact: Dominic Milano Project: Street Rehabilitation Projects 2001-2002 Project: Nelson Ave Contract Amount: $ 1,850,214.82 Contract Amount: $ 309,700.00 Final Amount $ 1,799,214.82 Final Amount $ 302,857.00 Completion Date: 12/1/2002 Completion Date: 3/1/2006 PCC Improvements 17% PCC Improvements 11% Underground 2% Earth Work / Paving 61 % Electrical 12% Earth Work / Paving 61% Earth Work / Paving 69% OD-- 40 TE=O AC=32 OD,-- 120 TE=25 AC=139 3 Owner: Port of Long Beach 4 Owner: City of Compton Address: 925 Harbor Plaza Address: 205 S. Willowbrook Ave Long Beach, CA 90802 Compton, CA 90220 Phone #: 562) 843-6421 Phone #: 310) 605-5505 Fax #: Ken Gale Fax #: 310) 604-3816 Contact: 2004/2005 & 2005/2006 Annual Contact: William Lewis Project: Equipment and Paving Contract Project: Willowbrook Pavement, Sewer Contract Amount: $ 3,000,000.00 & Stormdrain Rehabilitation Final Amount $ 2,357,960.00 Contract Amount: $ 2,741,000.00 Completion Date: 10/30/2006 Final Amount $ 2,855,987.00 Complete Date: 3/28/2007 PCC Improvements 12% PCC Improvements 5% Underground 16% Underground 24% Earth Work / Paving 72% Earth Work / Paving 71% OD= 365 TE=O AC=365 OD=165 TE=30 AC=179 5 Owner: City of Alhambra/Transtech P.M. 6 Owner: City of Industry/CNC Engineering P.M. Address: I I I S. First Street Address: 255 N. Hacienda Blvd., Suite 222 Alhambra, CA 91801 City of Industry, CA 91744 Phone #: 909) 595-8599 Phone #: 626) 333-0336 Fax #: 909) 595-8863 Fax #: 626) 369-4306 Contact: Ali Cayir Contact: Gerry Perez Project: Valley Blvd Project: T.S.& Street lmprov. Valley Blvd./Azusa Wy. Contract Amount: $ 4,900,000.00 Contract Amount: $ 844,841.00 Final Amount $ 4,585,725.00 Final Amount $ 863,458.00 Completion Date: 6/9/2007 Completion Date: 10/24/2007 PCC Improvements 26% Underground 8% PCC Improvements 15% L.S. & Irrigation 8% Electrical 32% Electrical 7% Earth Work / Paving 53% Earth Work / Paving 51% OD= 90 TE=30 AC=112 OD= 455 TE=25 AC=475 7 Owner: City o Address: 3730 Santa Phone #: 714) 5 Fax #: Contact: Mark Project: MCA 9 Owner: City Address: 1 Ci Bre S f Tustin/Bayley Slater, P.M. S. Susan Street - Suite 200 Ana, CA 92704 40-8863 Florer Backbone Infrastructure 43,000,000.00 42,951,653.00 11/27/2007 13% 25% 10% 52% AC=755 a of Brea vic Center Circle CA 92821 990-7600 990-2548 Lising erial/Smart Street Imp. 5,887,651.00 5,698,349.00 10/ 19/2008 20% 15% 20% 15% 30% AC=145 I 1 Owner: City of Address: 201 E. La Ha Phone #: 310) 5 Contact: Charles Project: Variou Contract Amount: $ Final Amount $ Completion Date: PCC Improvements Underground Earth Work / Paving OD-- 90 TE=14 La Habra La Habra Blvd. bra, CA 90631 25-0678 Stephan s Locations 2,200,000.00 2,159,888.00 1/31/2009 36% 7% 57% AC=98 8 Owner: City of Bell Gardens Address: 8327 Garfield Ave. Bell Gardens, CA 90241 Phone #: 562) 806-7770 Fax #: 562)806-7789 Contact: Joe Dyer Project: Eastern Ave. Improvements Contract Amount: $ 2,085,000.00 Final Amount $ 2,112,758.00 Completion Date: 4/30/2008 PCC & Elec. 18% L.S. & Irrigation 25% Earth Work / Paving 57% OD-- 90 TE=10 AC=94 10 Owner: Port of Los Angeles Address: 425 S. Palos Verdes Street San Pedro, CA 90731 Phone #: 310) 732-3539 Fax #: 310) 831-5389 Contact: Kevin Harbor Project: Port Annual Paving Contract Contract Amount: $ 13,600,000.00 Final Amount $ 8,458,200.00 Completion Date: 11/30/2008 PCC Improvements 8% Underground 9% Earth Work / Paving 83% OD= 365 TE=O AC=365 12 Owner: Port Of Long Beach Address: 925 Harbor Plaza Long Beach, CA 90802 Phone #: 562) 437-0041 Fax #: Contact: Ceaser Larios Project: Pier E Improvements Contract Amount: $ 8,044,480.00 Final Amount $ 7,865,491.00 Completion Date: 6/15/2009 PCC Improvements Underground Earth Work / Paving 100% OD= 100 TE= AC=90 13 Owner: City of Fontana 14 Owner: City of Riverside Address: 8353 Sierra Ave. Address: 3900 Main Street Fontana, CA 92355 Riverside, CA 92522 Phone #: 909) 350-7600 Phone #: 951) 578-3037 Fax #: 909) 350-1154 Fax #: 951) 905-7831 Contact: AI Giraot Contact: Juan Rojas Project: Jurupa Ave Improvements Project: La Sierra Ave Improvements Contract Amount: $ 7,888,255.00 Contract Amount: $ 8,100,000.00 Final Amount $ 7,345,689.00 Final Amount $ 7,745,367.00 Completion Date: 10/22/2009 Completion Date: 10/22/2009 PCC Improvements 19% PCC Improvements 19% Underground 22% Underground 22% Electrical 25% Electrical 25% Earth Work / Paving 34% Earth Work / Paving 34% OD= 120 TE=25 AC=140 OD= 120 TE=25 AC=140 15 Owner: City of Huntington Park 16 Owner: City of Riverside Address: 6550 Miles Ave Address: 3900 Main Street Huntington Park, CA 90255 Riverside, CA 92522 Phone #: 626) 447-4260 Phone #: 951) 901-5440 Fax #: 626) 547-8912 Fax #: 951) 905-7831 Contact: Wes Lind Contact: Mike Wolf Project: City Yard Resurfacing Project: ColumbiaiIowa Street Imp. Contract Amount: $ 512,347.00 Contract Amount: $ 4,258,512.00 Final Amount $ 691,582.00 Final Amount $ 3,987,682.00 Completion Date: 9/22/2010 Completion Date: 2/22/2011 PCC Improvements 5% PCC Improvements 19% Underground 22% Landscape & Irr. 21% Electrical Electrical 27% Earth Work / Paving 73% Earth Work / Paving 33% OD= 120 TE=25 AC=140 OD-- 120 TE=25 AC=100 17 Owner: City of Orange Address: 300 E. Chapman Ave Orange, CA 92866 Phone #: 714) 744-2225 Fax #: 714) 744-5515 Contact: Alan Truong Project: Tustin & Chapman Ave Contract Amount: $ 1,456,789.00 Final Amount $ 1,926,974.00 Completion Date: 11/14/201 l PCC Improvements 37% Landscape & Irr. 5% Electrical 25% Earth Work / Paving 33% OD= 90 TE=25 AC=100 18 Owner: City of Downey Address: I I I l 1 Brookshire Ave Downey, CA 90241 Phone #: 562) 622-3468 Fax #: 562) 258-8917 Contact: Desi Gutierrez Project: Imperial Highway Phase 2 Contract Amount: $ 2,156,492.00 Final Amount $ 2,278,145.00 Completion Date: 4/25/2011 PCC Improvements 14% Landscape & Irr. 29% Electrical 20% Earth Work / Paving 37% OD= 120 TE=25 AC=140 19 Owner: City of Buena Park 20 Owner: Port of Los Angeles Address: 6650 Beach Blvd Address: 425 South Palos Verdes Street Buena Park, CA 90622 San Pedro, CA 90731 Phone #: 714) 562-3670 Phone #: 310) 548-9292 Fax #: 714) 902-4151 Fax #: 310) 548-9195 Contact: Wood Nousome Contact: Tom Berg Project: Knott Ave Rehabilitation Project: Harry Bridges Blvd Improvements Contract Amount: $ 1,256,815.00 Contract Amount: $ 17,715,000.00 Final Amount $ 1,222,654.00 Final Amount In Progress Completion Date: 1/17/2012 Completion Date: Ongoing PCC Improvements 25% PCC Improvements 19% Underground 25% Underground 22% Landscape 25% Electrical 25% Earth Work / Paving 25% Earth Work / Paving 34% Bid Bond The American Institute of Architects, AIA Document No. A310 (February,1970 Edition) KNOW ALL MEN BY TAESE PRESENTS, that we Sialic Contractors Corporation dba Shawnan as Principal hereinafter called the Principal, and Federal Insurance Company a corporation duly organized underthe laws ofthe state of Indiana as Surety, hereinafter called the Surety, are held and fumly bound unto City of Huntin, tctoon Beach as Obligee, hereinafter called the Obligee, in the Sara Of Ten percent of the total amount of the bid Dollars (S 1 o% ), 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 Rehabilitation of Hanover Lane NOW, T.[OMFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee m 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 fiumshed in the prosecution thereof; or m 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 is said bid and such larger amount for which the Obligee may in good fasth contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in find force and effect. Signed and sealed this 15th day of April , 2013 SEE ATTACHED Sialic Contractors C dba ShaWnan Witness (Seal} By: Shawn A. Smith, iesfdW PTamelTitle SEE ATTACHED witness Federal Insurance Company Surely (Seal) By: Douglas i Kapp Attomey-inFact ORSC 21328 (5/97) ACKNOWLEDGMENT State of California County of Orange On 04/15/2013 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp , who proved to me on the basis of satisfactory evidence to be the person(,$) whose name($) isf&Fe subscribed to the within instrument and acknowledged to me that helms executed the same in his/4eF4lq& authorized capacity(ie*, and that by his/her,41;►ei signature(g) on the instrument the person(d), or the entity upon behalf of which the person(o) 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. .S°F'"F. DEQFiA SWAtdSOM COMM. # 1997119 ;0 �+ w NOTARY PUSUC•CAUFORNIA M Ce • ORANGE COUNTY Signature \� mac•. 1_L 2 .: —1� ti (Seal) ' MY COMM. EXP, NOVA 10�t1 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road CHUBS Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California ------------------------- ---------------------------- _-- each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December, 2011. Kenneth C. Wendel, Assistant Secretary :::::Norris, Jr., Vice President STATE OF NEW JERSEY ss. County of Somerset On this 16th day Of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By - Laws and in deponent's presence. _Notarial Seal AD-c KATHERINE J. ADELAAR \�ptPR�r�p NOTARY PUBLIC OF NEW JFRSFl No, 2316685 Corm kiliion Expires July 14, 2014 Notary Public �'✓F1y Jf�Q`6' CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' . I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies') do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect - Given under my hand and seals of said Companies at Warren, NJ this 15th day of April, 2013. �OIANP '14S My\ NFW ,ro0.6 Kenneth C. We del, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Form 15-10- 022513- U (Ed. 5- 03) CONSENT CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County Of Los Angeles APR 15 2013 On before me, _ Shawn A. Srniih, Flresiden4 N . Duron , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name(, is/ subscribed to the within instrument and acknowledged to me that he/s46*y executed the same in his/hq�.1th6r- authorized capacity(i�4 and that by his/10�th�ir signature( on the instrument the personKor the entity upon behalf of which the personKacted, 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. w'V" `YN'" ` N. DURON COMM. #1868696 _� NOTARY PUBLIC � CALIFORNIA O LOS ANGELES COUNTY Comm Expires Oct t, 2013 Signature (Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) NUMBER OF PAGES DOCUMENT DATE _ (Additional Information) CAPACITY CLAMINED BY SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner (s) ❑ Attorney -in -fact ❑ Trustee (s) ❑ Other ® The Document Diva - Mobile Notary & Loan Signing Agent (562) 314-4319 PH ♦ (866) 405-9565 FX ♦ www.TheDocDiva.com City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk June 12, 2013 Sully -Miller Contracting Co. 135 S. State College Blvd., Ste. 400 Brea, CA 92821 RE: Rehabilitation of Hanover Lane—CC-1438 Enclosed please find your original bid bond for CC-1438. Sincerely, - J7, G'a , N Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand celp / �- 2�13 A *** SEALED BID *** DO NOT OPEN WITH REGULAR MAIL SULLY- MILLER CONTRACTING CO. 135 S. STATE COLLEGE BLVD., STE. 400 BREA, CA 92821 CITY OF HUNTINGTON BEACH OFFICE OF THE CITY CLERK 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 PROJECT: REHABILITATION OF HANOVER LANE FROM McFADDEN AVENUE TO END. CC NO. 1438 BID DATE & TIME: APRIL 23, 20,13 @ 10:00 AM SECTION C PROPOSAL for the Pavement REHABILITATION OF HANOVER LANE from FROM MCFADDEN AVE. TO END CC No. 1438 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 imders.igned hereby proposes and agrees to perfomi 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 wort; therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plaits, 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 hump swri prices set forth in the following Bid Schedule. BIDDER inderstands 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 hump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days fi-om 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. Ci 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 Bon jn the amount of $10% of Bid***which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. F Date Received F. Bidder `s Signature. C-z PROJECT BID SCHEDULE fem Nb ! sart }tec : Q:UaTIti -.N Bill Item: ]fit st rij3flan :.. r:. . - :•.:: .. UTl,1�. p1 lEC .: iiLlUi1711.: : 1 1 LS Mobilization So So 2 24 EA Construct Curb Access Ramp per CaltraLs Std. Plan ASSA. (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, slot pave, etc.) , $ a L160. $ �5_ 7 6o&, 3 1000 TN Construct 0.11 thick PG-64-10 AC overlay across roadway surface ,. $ g �i• $ SW 6,00_ _ 4 88800 SF Finish and Install Petro mat across roadway surface , 17 5 9 EA�_T .Adjust Sewer Manhole to match new furisbed surface 75�. 6 47 EA Adjust Sewer Lateral to match new finished surface 7 21 EA Replace and adjust Water Valve Cover to match new finished surface $ 3lf), � $ -S/�• 8 61 F_.A Replace water meter box frame and cover with City fitnushed box and cover to uiatch new finished surface $ %.S S%S 9 6800 SF Cold Mill 0.12' thick adjacent to side streets and transverse joins and taper to zero $ I $ �, yT �• _ 10 31270 SF Cold Mill 0. t2' thick anti taper to zero, T width from butter edge / G C-2.1 PROJECT BID SCHEDULE ... ....... > .. � kzu e{ :: Quarttliy: Bztl Tfetii llcact-iltfizon ': . jJlltt,l�llkt �IllOiltl.t::: 11 21520 Surface Grind existing pavement 0.12' thick 12 1000 Remove and Reconstruct Curb and Gutter per 1I13 Std. Plan 202 / LH (CF=6"). (Item includes lot drain, slot pavement, aggregate $ 30. base, residential driveway curb and gutter, and painting addresses) 13 3430 Remove and Reconstruct Curb and Gutter per HB Sid. Plait 202 i 3t ihi�� 33� LF (CF=S")_ (Item includes lot drain, slotpavement, aggregate $ • $ base, residential driveway curb and gutter, and painting addresses) 14 15000 Remove and Replace Sidewalk per HB Std. Plan 207 (W=4'). 7S SF (Item includes fire hydrant pad in parkway) 15 7050 Remove and Replace Rcsidentiai Driveway Approach per HB S- SF Std. Plan 209. ("W" perplan)(Item includes onsite blending; does not include curb and putter) 16 5200 Remove and Replace Residential Cross Gutter per JIB Std. Plan l S' 205. (Item includes lot drain, slot pavement, aggregate base, $ d, S S`Qf 000- residential curb and gutter, and paiiiting addresses) 17 62 Clear and Grub existing landscape including tree roots 24" EA below new finished surface, replace with Class A top soil, and $ plant dwarf fescue sod for each address lot. (address lot includes shared parkway froninge and both parkway frontages for comer lots.) 18 37 Remove and Replace Irrigation for each parkway per address lot. EA (address lot includes shared par",ay frontage acid both frontages $ .ScZ ©• $ a o for eomer lots.) 19 1 90 Day Plant Establishment for turf LS S 4' S I`00 20 1 Traffic Control per Specification LS $ - $ 5�= C-2.2 i PROJECT BID SCHEDULE �fem �t>iu�itei ��ten�lEtl Ttenl btisc�tl3ttan,T 6 Q:ttai-64Y Lutt Pi►ee. motnit:: 21 1 Remove and Replace'hnffic Stnpin- in kind LSoa- $a�2. [7T,,,al Amount Bid in Figures: $ /( a 7. I Amount Bid In Words:S' k4 nJr i✓ ��! 0 19��/✓ �tkf/ rkv'�� C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perfonu work or render se]A"ice 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 clone by such subcontractor. Bid Item(s) Nance and Address of Subeontraetor State License Number Class Dollar . Amount % Of Contract 01—', �� ��'17 r 7 [71 N(,' 9 i�f1- �s« � �- , ��� ,�� 7 ��-775:/' I . By submission of this proposal, the Bidder certifies- 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO R E 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 time and correct and that this declaration is executed on 04/22/13 at Brea CA Date 06, State Raymond Sanchez being first duly sworn, deposes and says that he or she is Assistant Secretary of Sully -Miller Contracting Company the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any tuidisclosed 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. Sully -Miller Contracting Company Na f Bid er Signature o)N Bidder Raymond Sanchez, Assistant ecre?ary 135 S. State College Blvd., Ste. 400, Brea, CA, 92821 Address of Bidder C-4 STATE OF CALIFORNIA COUNTY OF ORANGE Subscribed and sworn to (or affirmed) before me on this 22nd day of April, 2013, by Raymond Sanchez, proved to me on the basis of satisfactory evidence to be the person who appeared before me. „r`• �y, J. DANIELS �•,cc:;k. COMM # 1989544 W,;1NotaryPublic California � WITNESS my hand and fficial seal ¢�`^`^ ORANGE COUNTY _j MyCommissionµ`ExpiresSept.24,201fi Signature J. nie s, Notary P lic Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Non -Collusion Affidavit Document Date: April 22, 2013 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s): Number of Pages: Signer's Name Raymond Sanchez Signer's Name Individual OX Corporate Officer — Title(s) Partner — Limited/General Attorney In Fact El Trustee Guardian or Conservator Other Assistant Secreta Right Thumbprint of Signer Individual Corporate Officer — Title(s) Partner — Limited/General Attorney In Fact Trustee Guardian or Conservator Other Signer is Representing: SULLY -MILLER CONTRACTING COMPANY 0 Right Thumbprint of Signer 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 REHABILITATION OF HANOVER LANE, (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 ivho, by rea,con of eiperience or instr-atctiojz, is.fianriliar with tine 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 Cominission orders, and State of Califomia Cal -OSHA requirements. The undersigned farther 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: April 22, 2013 C-5 Sully -Miller Contracting Company Contr 7,, r By ---=-- Raymond Sanchez, Assista!-it Secretar;!, - Title STATE OF CALIFORNIA COUNTY OF ORANGE On April 22, 2013 before me, J. Daniels, Notary Public, personally appeared Raymond Sanchez who proved to me on the basis of satisfactory evidence to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/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 J. DAN[ELS which the person(s) acted, executed the instrument. �OMM # 1989544 n �s' Notary Public-CaliforniaM I certify under PENALTY OF PERJURY under the laws of ORANGE COUNTY My Commission Expires Sept. 24,20161 the State of California that the foregoing paragraph is true and correct. WITNESS my hand at,i ial seal Signature J anie' , Notary Pu li Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Utility Agreement Document Date: April 22, 2013 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s): Signer's Name Raymond Sanchez Signer's Name ❑ Individual �X Corporate Officer — Title(s) ❑ Partner — Limited/General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Assistant Secreta Right Thumbprint of Signer ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner— Limited/General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing: SULLY -MILLER CONTRACTING COMPANY 1 Right Thumbprint of Signer 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 I) 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 questiomiaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1961 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the followinb 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 coinmencing the perforrnance of the work of this contract. Date: April22, 2013 C-7 Sully -Miller Contracting Company Raymond Sanchez, Assistant Secmitary Title STATE OF CALIFORNIA COUNTY OF ORANGE On April 22, 2013 before me, J. Daniels, Notary Public, personally appeared Raymond Sanchez who proved to me on the basis of satisfactory evidence to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the ,„,w,,..,„..............». J. DANiELS instrument the person(s), or the entity upon behalf of the the instrument. ,� COMM # 1989544 a s acted, executed person(s) which p ( ) ,,,,,i, � ;. s „ Notary Public - California mm a�"�� -� ORANGECOUNTY I certify under PENALTY OF PERJURY under the laws of y A?. Zvi% My Commission Expires Sept. 24, 20161 the State of California that the foregoing paragraph is true and correct. WITNESS my hand d fficial seal _. i Signature (.= Jt aniel 3, Notary Public Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Compensation Insurance Certificate Document Date: April 22, 2013 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s): Signer's Name Raymond Sanchez Signer's Name ❑ Individual �X Corporate Officer — Title(s) ❑ Partner — Limited/General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Assistant Secreta Right Thumbprint of Signer ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — Limited/General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing: SULLY -MILLER CONTRACTING COMPANY 1 Right Thumbprint of Signer BIDDER'S INFORMATION BIDDER certifies that the following information is tnre and correct: Sully -Miller Contracting Company Bidder Name 135 S. State College Blvd., Ste. 400 Business Address Brea, CA 92821 City, State Zip (714 ) 578-9600 Telephone Number 747612-A, C-10 State Contractor's License No_ and Class March 30, 1998 Original Date Issued March 31, 2014 Expiration Date The work site was inspected by James Wu, Estimator of our office on April 18 , -)013 The following are persons, firms, and corporations having a principal interest in this proposal: **Please See Attached List of Corporate Officers** David Martinez, President Michael Edwards, Vice President Raymond Sanchez, Assistant Secretary Timothy P. Orchard, Chief Financial Officer/Treasurer C-8 CERTIFICATE OF INCUMBENCY AND RESOLUTION I, Anthony L. Martino, II, do hereby certify that I am the Secretary of Sully -Miller Contracting Company, a Delaware corporation, and that as such I have access to and custody of the corporate records and minute books of said corporation. And I do hereby further certify that the following persons are duly elected officers of said corporation. TITLE Chairman of the Board President Vice President, Chief Financial Officer and Treasurer Vice President and Assistant Secretary Vice President Secretary Assistant Secretary Assistant Secretary Assistant Secretary NAME Gordon R. Crawley David Martinez Timothy P. Orchard Michael Edwards Scott Bottomley Anthony L. Martino II George Aldrich Raymond Sanchez Dennis Gansen I further certify that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on February 15, 2012, and that this resolution has not been in any way rescinded, annulled, or revoked but the same is still in full force and effect: "BID. TENDERS: GENERAL RESOLVED, that any officer of the Corporation be and they hereby are authorized in the name and on behalf of the Corporation, under its corporate seal or otherwise (i) to prepare proposals and bids for the supplying of construction materials and the performance by itself or in joint venture, of work of whatsoever nature in connection with the construction or paving of highways, roads and airports and in connection with earthworks and civil engineering projects of all kinds, together with all work incidental thereto, (ii) to execute and submit any and all such proposals and bids to any governmental authority, instrumentality, or agency of the United States, its several states, territories and possessions, including without limitation, any municipality or other political or corporate subdivision thereof, and to any corporation, partnership, sole proprietorship, or other business entity, (iii) in connection with any such submission, to deliver bid deposits or bonds as may be required and (iv) to execute and deliver definitive agreements binding the Corporation to perform work in accordance with any proposals and bids authorized hereby." I T WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 23rd day of April 2012. (SEAL) t�nthony vc 'tarti�fo;'l� Secretary Sully -Miller Contracting Company 135 S. State College Blvd., Ste. 400 Brea, CA 92821 The Widersigned 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. Sully-Milleyl3pntracti g qNmpany Company e I'J Signature of Bidd r Raymond Sanchez, Assistant Secretary Printed or Typed Signature Subscribed and sworn to before nie this — day of , 201_,,, Please see attached loose certificate with proper California Notary wording. NOTARY PUBLIC NOTARY SEAL Listed below are the naives, address and. telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. "Please See Attached List of Project References" Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Arnount Type of Work Date Completed 3_ Name and Address of Public Agency Naive and Telephone No_ of Project Manager: Contract Amount Type of Work Date Completed C9 STATE OF CALIFORNIA COUNTY OF ORANGE On April 22, 2013 before me, J. Daniels, Notary Public, personally appeared Raymond Sanchez who proved to me on the basis of satisfactory evidence to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/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. J. DANIELS COMM # 1989544 I certify under PENALTY OF PERJURY under the laws of Notary Public - California m ¢ . ORANGE COUNTY L' the State of California that the foregoing paragraph is true My Commission Expires Sept. 24, 116 ..»..... .»»................. and correct. WITNESS my hand and fficial seal % r Signature J' a i otary Public Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Bidder's Information Document Date: April 22, 2013 Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s): Signer's Name Raymond Sanchez Signer's Name Individual Individual ® Corporate Officer — Title(s) Partner — Limited/General Attorney In Fact Trustee Guardian or Conservator Other Assistant Secreta Right Thumbprint of Signer Corporate Officer —Title(s) Partner — Limited/General Attorney In Fact Trustee Guardian or Conservator Other Signer is Representing: SULLY -MILLER CONTRACTING COMPANY 1 Right Thumbprint of Signer v k IJ1 U -1l%I e..LEIR SE �3 O rcR'-5 u ,� Project Name/Number: Medford Street/ 10030C P. 10/28814 Year of Project: 11/2011 — 5/2012 Project Description: AC — CONCRETE — STRIPING - SIGNALS Agency Frame: LOS ANGELES COUNTY DEPART MEN I OF PUBLIC WORKS Contact Person: FAHIM RAHIMI Telephone: 626-458-3112 Fax: 626-458-2197 Original ContractAmount: $1,961,576 Final Contract Amount: $1,893,032 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: Start and Finish Dates: Project Description: Agency Frame: Contact Person. 2010/2011 ANNUAL WATERLINE & SLURRY SEAL JOB/ 11090C & 10128866 5/2011 — 3/2012 WATER LINE AND STREET IMPROVEMENTS CITY OF LA HABRA CHUCK STEPHAN Telephone: 562-905-7200 Original Contract Amount: $1,507,833 Final Contract Amount: $1,443,408 Change in contract amount is due to items of work being deleted by the agency. Project Name/Number: TORRANCE BOULEVARD / 28791C Year of Project: 10/2008 — 05/2010 Project Description: STREET RECONSTRUCfON & ARHM OVERLAY Agency Name: CITY OF TORRANCE Contact Person: BETH OVERSTREET Telephone: 310-618-3074 Fax: 310-781-6802 Original Contract Amount: $5,904,267 Final ContractAmount: $6,133,068 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: LONG BEACH ANNUAL 2009 / 28810C Year of Project: 01/2009 — 05-2010 Project Description: AC/ARHM — CONCRE — BASE — SIGNALS — SURVEY — STRIPING - LANDSCAPE Agency Name: CITY OF LONG BEACH Contact Person: CHARLES RAMEY Telephone: 562-570-5170 Fax: 562-570-5176 Original Contract Amount: $5,000,000 Final Contract Amount: $4,290,000 Annual Contract — work was done on an as needed basis. Project iVame/Number. LACMA PHASE II PAVILION PROJECT 28006 / 29820C Year of Project: 02/2009 — 04/2010 Project Description: B PERMIT !-',gency Name: MA I 1 CONSTRUC !.ON CORPORA i i ON Contact Person: GREG WADE Telephone: 562-903-2277 Fa362-903-2290 UPdac`d `,ug,ust 2010 1 Original Contract Amount: $92,507 Final Contract Amount: $420,000 Change in original contract ar nount is due to extra work and./or contract change Orders adding work. Project Aiame/Nurnber: LA SOUTHWEST COLLEGE — PARKING LOT 3 / 28795C fear of Project: 09/2008 — 01/2010 Project Description: AC — BASE — CONCRETE — S T RIPING Agency Name: CHEVRON ENERGY SOLUTIONS Contact Person: STEVE PELASYED Telephone: 714-577-1374 Fax: 714-577-1330 Original Contract Amount: $1,120,315 Final Contract Amount: Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: 2007-2008 PAVEMENT REHABILI I AT-28750C Start and Finish Dates: 6/2008 TO 7/2008 Project Description: AC/ARHM — MANHOLES - SURVEY — STRIPING — COLD MILL Agency Dame: CITY OF HAWAIIAN GARDENS Contact Person: STEVE STEINBRECHER Telephone: 562-908-6200 Fax: 562-695-2120 Original Contract Amount: $451,112 Final Contract Amount: $456,287 Change in original contract amount is due to extra wort: and/or contract change orders adding work. Project Name/Numbbr STREET PAVING PROGRAM-28735C Start and Finish Dates: 3/2008 TO 5/2008 Project Description: ARHM — MANHOLES — MONUMENTS — STRIPING — SWPPP- COLD MILL Agency Name: CITY OF WEST HOLLYWOOD Contact Person: MILA SOLOGUB Telephone: 323-848-6338 Fax: 323-848-6564 Original Contract Amount: $340,986 Final Contract Amount: $315,916 Change in contract amount is due to items of work being deleted by the agency. Project Name/Number: THE LACMA TRANSFORMATION PROJEC-1-27662C Start and Finish Dates: 6/2007 TO 4/2008 Project Description: B PERMIT Agency Name: MATT CONSTRUCTION CORPORATION Contact Person: GREG WADE Telephone: 562-903-2277 Fax: 562-903-2290 Original Contract Amount: $912,402 Final Contract Amount: $1,363,596 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/1lumber Star-i and Finish Dates Project Description: CA I ALINA MEDIA / THE POIN T E-27732C 1/2008 TO 3/2008 SEWER PIAIN INSTALL, ,TION Updated August 2010 2 Agency ifame2 KRISMAR CONS I RUCI EON COMPANY, INC. Contact Pelson: GARY MORRISON elephone: 310-458-3170 Fax: 310-458-9063 Original ContractArnount: $31.5,955 Final ContractAmouni: $411,955 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: PACIFIC ELECTRIC INLAND TRAIL PHASES 2 & 3 / 27653C Start and Finish Dates: 3/07 TO 1/08 Project Description: R/R CONCRETE/AC — LANDSCAPE/IRRIGATION — SIGNALS — STRIPE - U T ILiTIES Agency Name: CITY OF RANCHO CUCAMONGA Contact Person: WALTER STICKNEY Telephone: 909-477-2740 Fax: 909-477-2746 Original Contract Amount: $3,424,781 Final Contract Amount: $3,424,780 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: MARQUARDT AVENUE / 27689C Start and Finish Dates: 7/2007 TO 9/2007 Project Description: R/R CONCRETE E — AC ON FABRIC — ADJUST UTILITIES Agency Name: LOS ANGELES COUNTY DEPT. OF PUBLIC WORKS Contact Person: EMIL KURLYAND Telephone: 626-458-3166 Fax: 626-458-2197 Original Contract Amount: $183,915 Final ContractAmount: $183,915 Project Name/Number: ALPACA STREET IMPROVEMENT PROJECT / 27699C Start and Finish Dates: 8/2007 TO 11/2007 Project Description: R/R CONCRET E & ASPHALT — STRIPING — ADJUST UTILITIES Agency Name: CITY OF SOUTH EL MONTE Contact Person: GEORGE CASTiLLO Telephone: 562-682-3620 Fax: 562-684-0130 Original Contract Amount: $135,000 Final Contract Amount: $167,074 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: REHABILITATION OF LA MIRADA BLVD. / 27664C Start and Finish Dates: 5/2007 TO 9/2007 Project Description: ARHM / AC PAVING, CONCRETE WORK — LOOP DETECTORS / SIGNALS Agency Name: CITY OF LA MIRADA Contact Person: GARY SANUI Telephone: 562-943-2385 Fax: 714-522-5800 Original Contract Amount: $2,164,089 Final Contract Amount: $2,575,166 Change in original contract amount is due to extra work and/or contract change orders adding work. Project NamelAfurnber: CSULB PARKING LOT 13 REPAIR — REPAVE / 27694C S?-ar t and Finish Dates: 7/2007 TO 8/2007 Project Description: AC GRIT\D / OVEP.SY — ASPi-i/ALT REPAIR - MINOR COI ICRETE REPAIR UpdaLed August 2010 3 11 Ll P. i rEI��1rS FHF-11Z ti 1 EF,ACE a M D UG"z`-L-' FJ'CZA �11100 HS Agency Name: CALIFORNIA S I A i E UNIVERSITY, LONG BEACH Contact Person: ENRIQUE ROBLES Telephone: 562-985-4175 Fax: 562-985-2308 Original Contract Amount: $375,823 Final Contract Amount: $380,572 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: ORANGE LINE — CANOGA STA ATION PARK AND RIDE / 25568C Start and Finish Dates: 3/2006 TO 1/2007 Project Description: NEW TRANSPORTAIIION STATION INCLUDING AC PAVING &CONCREI E WORK Agency Name: MET ROPOLITAN TRANSPORATION AUTHORITY Contact Person: GHULAM SHAIKH Telephone: 818-262-6300 Fax: 213-922-7384 Original Contract Amount: 13,732,500 Final Contract Amount. $12,415,392 Change in Contract amount is due to items of work being deleted by the agency. Project Name/Number: SOUTH COAST PLAZA PARKING LOT/26608C Star and Finish Dates: 7/2006 TO 10/2006 Project Description: COMPLETE REMOVE AND REPLACE OF PARKING LOT, CONCRE[ E CURB & GUTT t ER, LOOP DETECTORS, AND S I RIDING Agency Name: SOUTH COAST PLAZA Contact Person: ROBERT THOMAS Telephone: 714-546-0110 Fax; 714-546-9835 Original Contract Amount: $3,100,009 Final Contract Amount. $3,932,226 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: RESIDENTIAL STREET REHABILI I AT -TON WORK / 26573C Start and Finish Dates: 2/2006 to 8/2006 Project Description: ASPHALT CONCRETE OVERLAY AT VARIOUS LOCATIONS CITYWIDE Agency Name: CITY OF WEST COVINA Contact Person: OSCAR CAPLIN Telephone: 626-939-8445 Fax: 626-939-8660 Original Contract Amount: $1,430,888 Final Contract Amount: $1,512,463 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: BERTH 401-406 BACKLAND IMPROVEMENTS / 25567C Start and Finish Dates: 1/2006 to 4/2006 Project Description: ASPHALT AND CONCRETE E PAVING / SITE IMPROVEMENT PROJECT Agency Name: PORT OF LOS ANGELES Contact Person: KEN HARBOR Telephone: 310-831-5389 Fax: 310-831-5389 Original Contract Amount: $3,286,800 Final Contract Amount: $3,386,333 Change in original contract amount is due to extra viork and/or contract change orders adding work. Projece Name/Number: 195T" STREET TI IPROVEMi�NT / 25506C UpdaLed AugusL 2010 BN 0 O rER)"S FC C , -11 CCCE CGv D QCCLI�' Rca- i MIS Star is and inish Dues: 5/2005 to 11/2005 Project Description: MEDIAN -ISLAND and S i REET €? =?Ai RS Agency Alame: CITY Y OF CERRI i OS Contact Person: VIC MASAYA Telephone: 562-916-1231 Fax: 562-916-1371 Original Contract Amount: $862,370 Final Contract Amount: $742,488 Project Name/Number: MALL PARKING LOT IMPROVEMENTS / 25492C Stark and Finish Dates: 3/2005 to 10/2005 Project Description: REPAIR and PLACE NEW AC PAVING and STRIPE PARKING STALLS Agency Name: CITY OF TEMPLE CITY Contact Person: JANICE STROUD Telephone: 626-285-2171 Fax: 909-594-2858 Original Contract Amount: $828,837 Final Contract Amount: $894,012 Change in original contract amount is due to extra work and/or contract change orders adding work. Change in contract amount is due to items of work being deleted by the agency. Project Name/1Vumber: HELLMAN AVENUE STREET IMPROVEMENTS / 24477C Start and Finish Dates: 6/2004 to 11/2005 Project Description: S I REET RECONSTRUCTION PROJECT Agency Name: CITY OF ROSEMEAD Contact Person: KEN RUKABINE Telephone: 562-908-6262 Fax: 562-695-2120 Original Contract Amount: $1,051,667 Final Contract Amount: $1,067,429 Change in original contract amount is due to extra wort, and/or contract change orders adding work. Project Name/1Vumber: HOLGATE AREA STREET REHABILITA I ION AND WATER MAiN / 24446C Start and Finish Dates: 3/2004 to 6/2005 Project Description: STREET REHABLITATION AND WATER MAIN REPLACEMENT Agency Name: CI I Y OF LA HABRA Contact Person: CHUCK STEPHAN Telephone: 562-905-9720 Fax: 562-905-9643 Original Contract Amount: $2,996,461 Final Contract Amount: $3,566,942 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: PIER 400 BACKLANDS PHASE 2 / 23301C Start and Finish Dates: 4/2003 to 8/2004 Project Description: TRANSTAINER FACILITY, GRADING, PAVING, UNDERGROUND, CONCRETE. PROJECT FINISHED ON TIME — EXTRA DAYS FOR EXTRA WORT: ONLY Agency Name: PORT OF LOS ANGELES Contact Person: MAHMOUD -IRSHEID Telephone: 310-732-3525 Fax: 310-831-5389 Original Contract Amount: $30,618,798 Final Contract remount: $30,030,429 C€Mange in contract ai,nount is due to iter ns of work being deleted by agency. Project Narrre/lVumber: PHANTOM WEST STREET IMPROVEP]ENT / 82803C Updated August 201.0 n J 4 F_ _RR o Gas Start and Finistr Dates: 12/ 2002 to 8/ 2003 Project Description: UNDERGROUND, ASPHALT REHAB, CURB & GU! II ER, COLD MILLING Agency Name: CITY OF V i C 0 O RVILLE Contact Person: MARK MILLER Telephone: 760-955-9158 Fax: 760-955-5159 Original Contract Amount: $4,771,477 Final Contract Amount: $4,994,840 Project Name/Number: ARROW HIGHWAY - LIVE OAK AVENUE PHASE II / 22273C Starr and Finish Dates: 11/ 2002 to 8/ 2003 Project Description: AC GRIND OVERLAY — NEW MEDIANS & DECORATIVE IVE CONCRETE Agency Name: CITY OF IRWINDALE Contact Person; KWOK T AM Telephone: 626-430-2212 Fax: 626-962-2018 Original Contract Amount: $4,289,147 Final Contract Amount: $4,654,815 Change in original contract amount is due to extra work and/or contract change orders adding work. Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: PIER 400 CONTAINER TERMINAL / 21130C Start and Finish Dates: 1/ 2001 to 9/ 2002 Project Description: BACKLAND IMPROVEMENTS, PHASE I Agency Name: PORT OF LOS ANGELES Contact Person: MAHMOUD ISHEID Telephone: 310-732-3525 Fax: 310-831-5389 Original Contract Amount: $78,134,500 Final Contract Amount: $74,226,254 Change in contract amount is due to items of work being deleted by agency. Updated ,August 2010 � THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Sully -Miller Contracting Company 135 S State College Blvd. Ste 400 Brea CA 92821 as Principal, hereinafter called the Principal, and Liberty Mutual Insurance Company 8044 Montgomery Road Ste 150E Cincinnati OH 45236 a corporation duly organized under the laws of the State of MA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street, Huntington Beach, CA •92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said. Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Rehabilitation of Hanover Lane from McFadden Avenue to End. CC No 1438 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 materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 12th day of April 1 2013 r (-_�p ]�����Liberty Mutual Insurance Company l(Surety) Aieag Il 19i2 � n � ,A Michelle Tan (Witness) Camp AIA DOCUMENT A310 • BID BOND 0 AIA • FEBRUARY 1970 ED. a THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 STATE OF CALIFORNIA COUNTY OF ORANGE On April 22, 2013 before me, J. Daniels, Notary Public, personally appeared Raymond Sanchez who proved to me on the basis of satisfactory evidence to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the ,,M„ instrument the person(s), or the entity upon behalf of M{Y•::c:;;iJ. D ' "1'' COMM # 1989544 a uiwhich the person(s) acted, executed the instrument. 4t:c y. ,.h of a s .�y Notary Public - California m 4tb ORANGECOUNTY I certify under PENALTY OF PERJURY under the laws of My Commission Expires Sept. 24,20161the State of California that the foregoing paragraph is true and correct. WITNESS my hand and fficial seal Signature J. n els, Notary Public Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Document Date: April 12, 2013 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s): Signer's Name Raymond Sanchez Signer's Name Individual OX Corporate Officer — Title(s) Partner — Limited/General Attorney In Fact Trustee Guardian or Conservator Other Assistant Secreta Right Thumbprint of Signer Individual Corporate Officer — Title(s) Partner — Limited/General Attorney In Fact Trustee Guardian or Conservator Other Signer is Representing: SULLY -MILLER CONTRACTING COMPANY Right Thumbprint of Signer i.HIS 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. 5952316 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 WestAmerican 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, Christina Johnson; Erik Johansson; Kim Heredia; .Linde Hotchkiss; Melissa Tetzlaff; Shirley Bauman; Victoria M. Campbell all of the city of Irvine 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 duly signed 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 16th day of January , 2013 American Fire and Casualty Company The Ohio Casualty y -Insurance Company O Liberty Mutual Insurance Company a rf t West American Insurance Company w �F c d By: C STATE OF WASHINGTON ss Gregory W. Davenport, Assistant Secretary L COUNTY OF KING dOn this 16th day of January 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American v d Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, C execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p> > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. w � d � V NV By: 00 0) _ KD Riley, Not Public L 0) O 0 This PowerofAttorney 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 r 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 a; to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, O C 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 E Qi .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 Athe 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, > a)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, p 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 0 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 Gregory W. Davenport, Assistant Secretary to appoint such attomeys-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, David M. Carey, 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 attomey 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 By: David M. Carey; Assistant Secretary to to am S C v� CO O W c E O O. Q M O,q 3: tv O E L yo O w a0i 'r3 � >� do lq 04 .E N y_ co O o0 0o m H T LMS_12873_092012 139 of 500 City ®f Hu.ntingt®n Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk June 12, 2013 Vido Samarzich, Inc. 4972 Crestview Place Alta Loma, CA 91701 RE: Rehabilitation of Hanover Lane—CC-1438 Enclosed please find your original bid bond for CC-1438. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand &- i /4 L-v', %o/ 64 � / >o / -moo C-r rt y OF F1 V^)7-l11/G TON a.' C4-1 (,-o fZ rl I2 E 177-9T/ O/u) / o : ov 1q,/7 , /�PfLIc z3/ -zo13 SECTION C for the Pavement REHABILITATION OF HANOVER LANE from FROM MCFADDEN AVE. TO END CC No. 1438 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. GI 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. Q, oats 0 Accompanying this proposal of bid, find l3wo in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 PROJECT BID SCHEDULE tee stimate .... .... . ....... .................:.:::.:..:. ldLscri .tine :::::: :::::::::::::::::::::::::....:::::::::::::::::::::::: :::Unit::Prie::::: Amount::::::: 1 1 Mobilization LS $ /0, 600' 00 $ T000. 60 2 24 Construct Curb Access Ramp per Caltrans Std. Plan A88A. EA (Item includes all appurtenances, curb & gutter, depressed curb, $ 1.5o, $ coo, I IF sidewalk, domes, retaining curb, slot pave, etc.) 3 1000 Construct 0.12' thick PG-64-10 AC overlay across roadway TN surface $ $ 6. 0 ® $ 16 600, T- 4 88800 Furnish and Install Petromat across roadway surface SF $ 0 $ 1,76 5 9 Adjust Sewer Manhole to match new finished surface EA $ 300, Oa $ Z, >oo. 00 6 47 Adjust Sewer Lateral to match new finished surface EA $ /00, 00 $ of 7 21 Replace and adjust Water Valve Cover to match new finished EA surface $ / d0, 0 0 $ �, / od, 00 8 61 Replace water meter box frame and cover with City furnished EA box and cover to match new finished surface $ / 00. O 0 $ 6 /00.00 9 6800 Cold Mill 0.12' thick adjacent to side streets and transverse joins SF and taper to zero $ '70 $ Z, Oy®. ,9 10 31270 Cold Mill 0.12' thick and taper to zero, T width from gutter edge SF $ f Z $ /0, 006.V ,A&—W PROJECT BID SCHEDULE t€em : sate ......::........ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.ri Esclri : 'nn::::< >::< :< : ........................ ........... :::::::: ............................................................I. < : > :: iJnit 'taace:::::::::Am ............. . e .:: .... .....:..... . not : : 11 21520 SF Surface Grind existing pavement 0.12' thick $ Az Z $ 6 8 8�. 9 12 1000 Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 LF (CF=6"). (Item includes lot drain, slot pavement, aggregate $ 41. 0 ® $ q 1 000, VC base, residential driveway curb and gutter, and painting addresses) 13 3430 LF Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 (CF=8"). (Item includes lot drain, slot pavement, aggregate $ 043, 0 O $ I'l71490 base, residential driveway curb and gutter, and painting addresses) 14 18000 SF Remove and Replace Sidewalk per HB Std. Plan 207 (W=4'). (Item includes fire hydrant pad in parkway) $ 6, L f $ d 12. 900, 15 7050 SF Remove and Replace Residential Driveway Approach per HB Std. Plan 209. (" W" per plan)(Item includes onsite blending; $ '', 00 $ does not include curb and gutter) 16 5200 Remove and Replace Residential Cross Gutter per HB Std. Plan SF 205. (Item includes lot drain, slot pavement, aggregate base, $ / 0 . D D $ residential curb and gutter, and painting addresses) 17 62 Clear and Grub existing landscape including tree roots 24" EA below new finished surface, replace with Class A top soil, and $ Z 00, p0 $ l plant dwarf fescue sod for each address lot. (address lot includes shared parkway frontage and both parkway frontages for corner lots.) 18 37 EA Remove and Replace Irrigation for each parkway per address lot. (address lot includes shared parkway frontage and both frontages $ 15 0. ODD $ S�SS� 0• D for corner lots.) 19 1 90 Day Plant Establishment for turf LS $ '7-Td• op $ %S®.00 20 1 LS Traffic Control per Specification $ 3 000, go $ 00, va RE k7 C-2.2 PROJECT BID SCHEDULE tell stomat ::.. Bid:�tem:laescri .'nri: <: Rio :::< `uariti ... ;:«:< :«« �'... TJn�t-Pr�ee: .......... ............................................................................................ 21 1 1 Remove and Replace Traffic Striping in kind LS $ ! 000, oe $ i o.o. ,oa $ 1$ Total Amount Bid in Figures: $ .S 7 3 3 L .'go -----• -Total Amount Bid in .Words: .....--------------•------------ -r"fLEC HvIVPA .!) --H ra-r-Y `rW O r;ou-Aas G/6HTY C 6Qn 'rt C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of Subcontractor State Class ; Dollar % of liem(s) License Amount '" Conira Number 3/1 NARd�� a WKPer- ZOSg5-2 C)0�000•0 Z10 9/10/5613,52 � Z.oOW:00 op Po2'ia SAa sea/AP^�F t1 al P/� d/fyt c eye C4 g P "5 Z By submission of this proposal, the Bidder certifies: I. 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. CM] NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH DID 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 7 23 , at A,-� cow A CFI Date City State V h7o L 5�,.�ARz-i cr1 , being first duly sworn, deposes and says that he or she is A/Ic.r- Pof i/'1oa Z,4," Aw--L/4-4 the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, 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. ti �72 A,fCTVIEm✓ 104*,C /� 4d"f1 C*9 9, -o 1 Address of Bidder C-4 ACKNOWLEDGMENT State of California all County of m� VaI On g ` before e Jil i Ot Q� s• 4 (insert name and title of thLyofficer) personally appeared (U © G~ j _54 m a j z f GL - 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 m hand and official seal. DANIELTMOMASHAAK y Comm. #2008647 Notary Public • California Orange County Comm. Expir" Feb 24. 2017 Signature (Seal) X THOMAS NAAK im.#2008647 Public • California ange County Expires Feb 24, 201 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 REHABILITATION OF HANOVER LANE, (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: Z -ZO1 3 C-5 V 0 PO X,4-1hitzo e l ;F;,We, Contractor 1 la✓( By I C4 4 noir — 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 A 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: 4/ 2-3 `zo 4-3 C-7 'Q,% l DID SA !m An z4a L/ XJ Contractor 1 03 / By V xj --V Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: —zl �7o Bidder Name L/97Z G!-Cs-rVlEc) 1014cE Business Address c114 It 7p / City, State Zip (709) 7 F �- Telephone Number V33Z�-to Iq State Contractor's License No. and Class o WT / l I B o Original Date Issued l Z -T"/ /,� 0 The work site was inspected by / 1— S of" ka of of our office on A / , 2013. The following are persons, firms, and corporations having a principal interest in this proposal: V / ("'V f9 n z( C ►-1 �a , 21 er� 07,7 A) o Pa4 .",4 rt 7w Cr-1 c-s PPE f IV S6-Cafr79-^y The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. V/ t7o L Cal"-" ,09 /1 coy Printed or Typed Signature OAt� 0 Subscribed and sworn to before me this?3 day of AMIt Not? 201�. Com NOTARY PUBLIC S�- l-F 14 T �� /J J�o NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. C , -/ OF f/9SA Df NA jOo ri C Al f-i6G o 4-VE pr3S.9,®E, Name and Address of Public Agency Cb Name and Telephone No. of Project Manager: Fe-Ap 40 1- l Z-3nOD 3Yo- 3�'6 00 000. 00 CIO OJCfief2 P! Contract Amount Type of ork 2. C= i -t y O F ."/1N N/,--r a Name and Address of Public Agency 0 Date Completed Name and Telephone No. of Project Manager: 5yfx ,Fir TytO-(909) 3>4 ^ ©Z 7-5- '4 //p0 Ooo.00 110/firL Contract Amount Type of°Work Date Completed r/, S' S Z, 3. 1"-Y40W — Name and Address of Public Agency Name and Telephone No. of Project Manager: 14 Eb 0t0, '00a 00 Contract Amount of W C-9 ei; s M-or,f//i"J0uyL P,,F c 7,OP 2 Date Completed BOND NO: VIDSA-1178 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 BID Dollars (10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for HANOVER LANE CC-1438, 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 16 day of APRIL, 2013. M MATTHEW R. DOBYNS, Attorney -in -Fact VIDSA-1178 Bond Number City of Huntington Beach Obligee 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 THOMAS O. MCCLELLEN, 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 and Matthew R. DOBYNS, both 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 19th day of April, A.D. 2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND RAL uw • ; :s !o: 0?11 ~Nti.w.W�M j�745- ,), 1� W �W- �tant Secretary ice President nc arnes omas c e en State of Maryland City of Baltimore On this 19th day of April, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLEN, Vice President, and ERIC D. BARNES, Assistant 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 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 frost above written. POA-F 012-3955A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On April 16th, 2013 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 nameW is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/bef/tk4 authorized capacity (+es), and that by his/heF/#ieif signatureW on the instrument the person{-), or the entity upon behalf of which the persons) acted, executed the instrument. ERIKA GUIDO COMM. # 1843731 NOTARY PUBLIC CALIFORNIA o ORANGE COUNTY ^' ;l My Comm. expires May 5, 201J� 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. 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 LTHC im. # Publi ange ACKNOWLEDGMENT AAS HAAK 008647 • Californiaef _ rsonally appeared I L CI y ..JGI-VyGt I tl L In o 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. 24. State of California ° County of ) �l before me, II pi CcS G�GC� (insert name and title of the office[)' 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. Signatur (Seal) WNotary THOMASHAAKComm. #2008647 Public • California Orange Couttit'rma. Esrp�s Feb 24.208 T