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California Engineering & Contracting, Inc. - 2008-05-05
tih _ RECEIVED'BY: (Name),' I (Date) f i CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance have received the bonds for L -A-. 11UL -- (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. ice, b U T Guarantee and Warranty Bond No. Re: Tract No. CC No. ,11-20 MSC No. Approved Agenda Item No. (Council Approval Date) g City Clerk Vault No #27 g1followup/bondlefter.doc Citykuntingtonof Beach [OLD INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: David Verone, Contact Administrator DATE: February 5, 2009 SUBJECT: Retention Release Payment Company Name: California Engineering and Construction, Inc. Address: 16027 Brookhurst Street Suite G#240 City, State and Zip Code: Fountain valley, CA 92708 Phone Number: (714) 708-3544 Business License Numbers --A 14 z7o794- Local Address: N/A Notice of Completion Date:12/3/2008 Contract Purpose: Retention Release for Construction Contract 1304, Safe Routes to School Cycle VI 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 full retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. If any stop notices have not been cleared, then processing of partial retention is recommended with the retention of one hundred and fifty percent of the stop notice(s) amount and with no outstanding invoices on file with the City. certify that are 2 Wp notices are on file on the subject at this time. Date 'J r Travis K". Hopkins, Director of Pu C0MP&"Y Amov ftw" rRoUng certify that there are no outstanding invoices on file. 5 L 0ty Tmawrw Date S ri Freidenrich, City Treasurer certify that are 2 stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. �4_311�-I0 q (v 1, Date oan Flynn, ty Clerk 1304 retention release memo.doc 2/5/2009 4:06:00 PM RECEIVED BY: (Name) (Date) IIF IiI 1 - TO: Shari Freidenrich City Treasurer FROM: �S DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No.. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved (Counci(Approval Date) t(,ompany rvame) Agenda Item No. City Clerk Vault No CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's office after signing/dating #27 g1followup/bondletter.doc D:ag INSCO INSURANCE SERVICES, INC. p Surety Underwriting Manager for o Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 MAINTENANCE BOND BOND NO.: 728048P Premium included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: THAT we, California Engineering & Contracting, Inc. as Principal, and Developers Surety and Indemnity Company , a corporation organized and doing business under and by virtue of the laws of the State of Iowa and duly licensed to conduct surety business in the State of California, as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of Three Hundred Twelve Thousand Two Hundred Forty -Two and 601100's ($ 312,242.60 ) Dollars, for which. payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to: Safe Routes to School, Cycle VI Cash Contract 1304 WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact this 19th day of November 2008 YEAR Califomia Engineering & Contracting, Inc. Developers Surety and Indemnity Company Principal BY: APWVED AT,0 Fq Ater, JENWER WGRATH ,, Ci ttoramey ID-1201 (CA) (One Year Term) (REV. 3101) 311 I/ W Attomey-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On November 19, 2008beforeme, Lianne Nahina, Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A. Pfister Name(s) of Signer(s) �tgNtJE NpFttNA ComrnWSion # 1767633 Noto(V Public - CCOtforMa w Orange colln" f31t MVCornm.> who proved to me on the basis of satisfactory evidence to be the person* whose namef) is/Ap subscribed to the within instrument and acknowledged to me that he/mInWiny executed the same in his/fit' authorized capacity(M), and that by his/' signature() on the instrument the person(*), or the entity upon behalf of which the person(1♦) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal,, Signature Place Notary Seal Above 1 ign t a 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: Maintenance Bond 728048P Document Date: November 19, 2008 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual None Blake A. Pfister ❑ Corporate Officer — Title(s):_ ❑ Partner — ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: r1Av,-1 near. -(Surefy—an 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: 1 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876.6827 *.g POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 2633300 Attached to 728048P KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint ***Blake A. Pfister*** as their true and lawful Attomey(s):m-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fad full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the ads of said Attomey(s}in-fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. +� By: Stephen T. Pate, Senior Vice PresidentQ' to By Charles L. Day, Assistant Secretary 1$ 3. State of California County of Orange On January 1st, 2008 before me, Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Si ner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by histherdtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W_ 4 a 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offs 'al seal. Place Notary Seal Above Signature Ch ' er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 19 U{lay of November • 2008 By Albert Hillebrand, Assistant ecretary I0-1380(Wet)(Rev.07107) stake and 6w* t ftvWm5IqIADxtrmy# r PJ �'c roc is t1 $ oomiaawr to &-. art of �e as tam No. � � l3Q - ( "Ca=un for 60 amwac4oa affha P fo, vm& of (' 4W- - gut tlod: id 4 ' // Cdie ; bd'J' 2. An C tp be t #o &e corns( bail bm omqjowd in awordaft WA tw cil lv d t DoMmuts (as sub t= Is domed in &e °%SO)- 3,MoTt fhr to uWm %ded,b4m and tho diV atW Claim fisted fu pwWWh five (5), 0 parsoga *8 tdW, smium, matdau aid ant to the PItdec4 br Wft au elWm again tw Co=mtm aftxg fcm the pattmum of the Cmtw% have best paid and sadsfied 01t m*d debts and dW=-, if air waste "NONP): 4, Aua&ed hams era dte Um wdvm req*cd by to ( trsck Tea w Hm w4ma have ban ==tod by an p=g= who pedbrmd vo& on or suppW l4ban stavfca % m ft use at &c fit. $et Ulb below Is a Et of diapod d&m a Ctahu 60 am the stikOa t of 4 Nodoo to flied Pmuft to t6 diva Cado Of am state of Ummia (fit ag &PUW C B; if w4ta`" " ). I declaim miler pandty of papq mim the Im of t of Caft=im that Z-Oiug$s t me � Co mm mautadst onft Iu Z0 a.1 (�erfflmtlou of C"rmee wft Tift VEE of flee Civil l Ughty Ad 4nd Equal Empinymeut Oppommity Act of !9 Ta: City ofFhmdnpn Beach beparhnent o€Pd& Wow 2000 Main Sftw",0, Box 190 Ehualqtm B=14 CA 9264 o Re- Cadfiodm of Compiimtee wilt T* VI[ of the Civil KighW Act and HTW FbploymMt Cppmfnity Act of 1972 c ter LaSb 4 t.( a& 1 ftject: We, q�0,04es no mdariped mtaatox on tine sboveidm project C?njtd) hmby certifies that it has mmplied Witt'► TWe YU of the CK Rigus Act, die Bgvax Oppartodty A4 g of 1972 ad Exemidve Oxdeor 'lIW, and has aot ftogthinated apbst any eplayee, or aWk=t art aplaymont be m of aeK color, scat, Wwwl oriM age or dia*ft. The uudeosigzd oonMwor elan cad es That it W not mainWned mW MvAPW failitics at its astasbUt acts on the basis ofmcey mod, color, mar, twOonat origiv, ap ord1sahi V (wi* the ucepdon of accam for 9w 4Wbl4 I declare Mtder polity of pa*7 Oder the Im of ffie SM of C.aiifaZdlk dw the ftegoing is true aid om"m Bbeavted this � _ day of an 20 61 at Oftme,W4 C�liforaia. UV601R iN 9 � 5 N lac (fie C,octar awe} Name: ae Nam) Title: crype Title). XMI-I Cerfifitatioh Of Conoptlance with Prevai Rg W2ge laws To: sty of Huntington Beach Department of Pcblic World 2000 Main Street/P.C. Box 190 Huntitagton, Bead, CA 92648 Re: Oxtific adon, of Comptiamce vnth Prevailing Wage laws co op: �M__ te r ,. �-,w - Project; k W, s 4b S . oL CkAldv v\ The undemigned contractor on the above-refemuA project CTrgjoW) hereby certifies that all laborers, mefanias, Mpreatim, trainees, watchmen and guards employed by him or by any saboont tutor pedhmabg'work =der the contract for the Project have been paid pursuant to the minimum gage and bolts fidc Ainge benefit rec uk=euts specified for =h particular ohniOcation of wank, as sct faith is the wage -ate- determinations of the Stare of W forma, Depariment of indu&W Relatiow, and/or the United States Dcpadme nt of Ubor. I de elm under penalty of perjury cinder the laws of tho State of Califomia that the faregoing is fte and COMM Executad t 15 . day of� -, w 201(�� , at CCU Catifnrni& 1 CIU6k%0 k' �tW rr fCiG I N (� (Y'Fe Contr�rctor?►ram�) B. Nswe: [Type Dame] Title: [Type ?`itic] 11EIR, �r GPrYAfmy �r�s�GieN'� '71Z ca-ab-atp W-qz.l 4.N,f STOP NOTICE A G C ;�,M`F�,", CALIFORNIA PUBLIC WORK CALIFORNIA(Civil Code Section 3103, Section 3179, et seq.) TO: l i �y D� f Lin �i i1 �T17z. Beaz,4..-- (See Service Note) �DU� .�iPlfi Jt S�Y eP'� - l& k -b t75 IVR- &W CIL , i( 1 q ZJ6 %�� l (Add reIs) / % // ��% PROJECT: .JIlk &4/ �L � A Se f I' a I, / V l 4m G1 �i.l�f7%Qj'l 1!d �✓ (Name and Location of Project and Project Number) p/,, j )� Claimant_ D%%1 p gg- ISLIn /- c7 / ji %f �t �P / ��,� 1003 !Yf/r4k, /' fX/py (Name t(nd adA ss) has furnished .,Pr�/ re� (Labor/services/eq uipmenVmaterial) of a kind described generally as/ (Description of type of work or material) for the benefit oflat the request of; l°�lriDyh��r ��fnp�rin� opalb)ii4a11hJIJ �� L4 ,9 (1,9 (Name of person to or for whom same was furnished) for the public work of improvement described as the Project above. �] The value of the whole agreed to be done or furnished by claimant is $ /J 00 7. The value of that already done or furnished Is $ / i Claimant has been paid or credited with the sum ofy7_S_G $ Q and there remains due and unpaid the sum of $ (,,0,97 ! ,plus interest at the rate of j per year from Aah re)st e Y ! i 17-4649 Pursuant to Civil Code section 3185. it is your duty upon receipt of this Stop Notice, to withhold from the original contractor, or from any person acting under his authority, money or bonds (where bonds are to be issued in payment for the work of improvement) due or to become due to such contractor in an amount sufficient to answer the claim stated in this Stop Notice and to provide for the reasonable coat of any litigation thereunder. ORANGE COUNTY STRIPING bated-bWery.S, ZZO 9 103 SERVICE INC. T (Name of Cla�ant)LrOR GEr C 9 68- 2 7 (SI ature Cla' nt ent) (Title) VERIFICATION I, the underrrsignedd declare; I am the /'%SPA / 7 %i�lQ %M jP i' of D%�n�e L L%� /J r S/ f'�/� -4 (Title) (Name of Claimant) the claimant named in the foregoing Stop Notice; lam authorized to make this verification in behalf of the claimant; I have read the foregoing Stop Notice and know the contents thereof, and the same is true of my own knowledge. �w h ' Executed at ,California, on 11lriQly � Z;/!/ � , t 9 ' 1 declare under penalty of perjury under the laws the State of California that theJamaping is true and correct. (Si lure of divi al verifies the nts of the Stop Notice) NOTICE TO CLAIMANT: 1f the claimant pays two dollars 2.00) to th lie entity at the lime of filing the slop notice, the public entity must give notice of completion, cessation of labor deemed to be completion, or acceptance of completion, of the public work. SERVICE NOTE: Civil Code Section 3103 requires that the stop notice be filed with.the director of the department which let the contract, it the public work Is for the State. In the case of any other public work, the statute requires that the stop notice be filed in the office of the controller, auditor or other public disbursing officer whose duty it Is to make payments under the provisions of the contract, or with the commissioners, managers, trustees, officers, board of supervisors, board oftruslees, common council, orotherbody bywhom the contract was awarded. NOTE: This document has important legal consequences; consultation with an attorney is encouraged with respect to Its use or modification. This form is intended to meet the requirements of California law as of October 1,1991. Q Associated General Contractors of California, Inc, 1993 8/83 Form AGCC-20 Stop Notice LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) (Per California Civil Code Section 3103) To: City of Huntington Beach , Project: Vicinity of Newland Elememtary School (Name of Owner, PAIII; Body or Construction Fund bolder) (Name) Huntington Beach, .CA (Address If Directed to a Bank or Savings and Loan Assn., Use Address of Branch Holding Fund) (Address) (City, State"and Zip) TAKE NOTICE THAT S.C. Signs & Supplies LLC (Name of the Person or Firm Clakrdng the Stop Notice, Licensed Contractors must use the name under which contractor's license is issued) whose address is 2411 E. Winston Road, Anaheim. CA.P2806 (Address of person or Fhm Ctai ntng Stop Notice) has performed labor and furnished materials for a work improvement described as follows: (Name and Location Of The Project where Work Or Materials Were FumEhed) The labor and materials furnished by claimant are of the following general kind: Signs, Posts. & Hardware (KIND OF LABOR, SERVICE. EOUIPMENT, OR MATERIALS FURNISHED OR AGREED TO BE FURNISHED BY CLAIMANT) The labor and materials were furnished to or for the following party: California Engineering & Contractinin Job 35 16027 Brookhurst St.. Ste. G240 Fountain Valley. CA 92708 (NAME OF THE PARTY WHO ORDERED THE WORK OR MATERIALS) Total value of the whole amount of labor and materials agreed to be furnished Is: ............. $3,923.18 The Value of the labor and materials furnished to date Is ........ ................................... :...... $3,023A8. Claimanthas been paid the sum of: ........................ .............................................. 000. And. there is due, owing and unpaid the sum of,. 6..wv ................. _ ... ....I.................. 3 923. 8 You are required to set aside sufficient funds.ta satisfy this claim with Interest, court cost and reasonable costs of litigatlon, as provided by law. You areralso notified. that claimant claims an equitable lien against any construction funds for this project which are in your hands: FIRM NAME: S.C. Signs & Supplies LLC, By: ? (NAME OF STOP NOTICE CLAIMANT) (OWNER OR AGENT OF STOP NOTICE CLAIMANT Mtd SIGN HERE AND VERIFY BELOW) TION I, the undersigned, say: I am the Marlene Langenwalter. Member the claimant (PRESIDENT OF. 'MANAGER OF; 'A PARTNER OF," "OWNER OF," AGENT OF,' ECT.) named In the forgoing Stop Notice; I have read sald Stop Notice and know the contents thereof; the same Is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on Jauary 27,2009 at Anaheim , CA (DATE THIS DOCUMENT WAS SIGNED) (NAME OF CITY AND STATE WHERE NOTICE SIGNED) OF THE INDMbUA,L V110 IS SWEARING THAT THE CONTENTS OF,STOP NOTICE ARE TRUE) REQUEST FOR NOTICE OF ELECTION (Private Works. Only) (per California Civil Code Section 315.% 3.161, or 3162). If an election Is made not to withhold funds pursuant to this stop notes by reason of a payment bond having been recorded in accordance with.Secton 3255 or 3162, Please send notice of such election and a copy of the bond within 30 days of such election in We.enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Section 3159, 3161, or 3162, Signed: (CLAIMANT MUST ENCLOSE SELF-ADDREWEOSTAMPED ENVELOPE) ,_,v,...r rd. .:u„-.._�,N..,;:;�-.,�.-- ..-._ ...-,f--,..._-..�.�-_P.. ._.. _.,.,,.._.-._:.-, a.^/wv'--,.::�'l,;,�,i•,,r:,E":.r^'a...,,.,`,+lh�j`: ��.:'.a"r--•ir�x,......;;,.�...,,:,r:.�.,�,....,.,,,n„r.-.___ _'�+,r�'a�^s.�„�,;,....,�..a�„-.....,•.;n.*ys-*.-, .,, d i RECEIVED BYECITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) L m CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION . -0 TO: Shari Freidenrilch, City Treasurer FROM: DATE: � r SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. ` Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved m / (1 Agenda IteNo. pp ; 9 (Council Approval Date) City Clerk Vault No. 14 .it_i, ] C/ Y #27 g:/followup/bondletter.doc PLEASE COMPLETE THIS INFORMATION This Document was electronically recorded by ER Cert Mail A RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT: Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 1111111111111111111111111I 11111II1111111 NO FEE 2008000556988 11:01 am 12/03/08 213 33 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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 California Engineering and Construction, Inc. who was the company thereon for doing the following work to -wit: SAFE ROUTES TO SCHOOL, CYCLE VI; CC# 1304 That said work was completed November 10, 2008 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 November 10, 2008, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Developers Surety and Indemnity Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this November 20, 2008. %,� Director of P b is Works or City Engineer „� / City of Hun 'ngton Beach, California STATE OF CALIFORNIA) '(/%�"�V 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 November 20, 2008. --tor of Pu lic Works or City Engineer of Hunti ton Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 00'.059-TITLE PAGE (R7/95) FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF(HUNTINGTON BEACH/AND j n4k �n zcT knq o`y� LsayT1%� \ nq , yv+ C-. FOR TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 8 13. VARIATIONS IN ESTIMATED QUANTITIES 9 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 11 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE 12 20. INSURANCE 12. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 13 22. NOTICE OF THIRD PARTY CLAIM 14 23. DEFAULT & TERMINATION 14 24. TERMINATION FOR CONVENIENCE 14 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 15 26. NON -ASSIGNABILITY 15 27. CITY EMPLOYEES AND OFFICIALS 15 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 15 29. NOTICES 16 30. SECTION HEADINGS 16 31. IMMIGRATION 16 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 17 FEDERALLY FUNDED CONSTRUCTION CONTRACT 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47, 48. 49. 50. 51. 52. 53. 54, 55. TABLE OF CONTENTS, continued Page No. ATTORNEY'S FEES INTERPRETATION OF THIS AGREEMENT GOVERNING LAW DUPLICATE ORIGINAL CONSENT CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CALIFORNIA PREVAILING WAGE LAW CALIFORNIA EIGHT -HOUR LAW PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE EMPLOYMENT OF APPRENTICES PAYROLL RECORDS FEDERAL PARTICIPATION ADDITIONAL FEDERAL REQUIREMENTS DAVIS-BACON ACT DISCRIMINATION, MINORITIES, ALIENS EQUAL EMPLOYMENT OPPORTUNITY COPELAND "ANTI -KICKBACK" ACT CONTRACT WORK HOURS AND SAFETY STANDARDS ACT IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT ENERGY CONSERVATION HOUSING AND URBAN DEVELOPMENT SIGNATORIES ENTIRETY 17 17 18 18 18 18 19 19 20 20 20 21 21 22 22 23 23 24 25 25 25 25 25 11 FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND A �e i&,-A e S. +0 541oo e yc e T 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 1��oQNtg I�n��nteC��q �eon�tlEc�tag a CcZ'��aktok hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as �A �e (&Jes +o 1�00 eU c 1 e �Ift7 in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not g/agree/ surfnet/federal const 12-07 1 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; 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; g/agree/ surfnet/federal eonst 12-07 2 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, the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference), and the Federal Requirements from FHWA 1273 and additional requirements (which is attached hereto as Exhibit "B"); 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 "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. g/agree/ surfnet/federal const 12-07 3 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 7Lkrge F1'A'IdCQJ T►.oQlvQ Il,aus,and Two la u.n d f ed 4 kAv Aal �cs On d f'4 "9's ($ 312 , 2 y 2 ® 6(D), 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 �'►�$ ;v (55) consecutive Wog 1 $ from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions g/agree/ surfnet/federal const 12-07 4 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 promptly issue an adjusted change order to CONTRACTOR and the Agreement 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 g/agree/ surfnet/federal const 12-07 5 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 Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement 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 (10 /o of the final Agreement price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall g/agree/ surfnet/federal oonst 12-07 6 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 d2 �' wtd ('EA Dollars ($ S 00 O 0- ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. For projects on the National Highway System (NHS), the local formula for liquidated damages will be provided. 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. g/agree/ surfnet/federal const 12-07 7 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 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 g/agree/ surfnet/federal const 12-07 8 (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. 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 Agreement 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 glagreei surfnet/federal const 12-07 9 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, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of any part of the work. g/agree( surfnet/federal const 12-07 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by g/agree/ surfnet/federal const 12-07 11 CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain 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. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, g/agree/ surfnet/federal const 12-07 12 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, or a "deductible" or any other similar form of limitation on the required coverage. 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 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. g/agree/ surfnet/federal const 12-07 13 The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the 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 TFURD-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. 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 g/agree/ surfnet/federal const 12-07 14 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 23. 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, 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. g/agree/ surfnet/federal const 12-07 15 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 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 heremabove) 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, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: g/agree/ surfnet/federal const 12-07 16 TO CITY: City of Huntington Beach ATTN::DAVI-d VE R-OrV E 2000 Main Street Huntington Beach, CA 92648 TO CONTRACTOR: d 30. SECTIONHEADINGS EWA The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 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 the Immigration Reform and Control Act of 1978 (8 USC 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. g/agree/ surfnet/federal const 12-07 17 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 and the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing parry. 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 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. 3 5. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. g/agree/ surfnet/federal const 12-07 18 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. 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. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 39. CALIFORNIA PREVAILING WAGE LAW. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of g/agree/ surfnet/federal const 12-07 19 Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 40. CALIFORNIA EIGHT -HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty- five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is g/agree/ surfnet/federal const 12-07 20 required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 42. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 43, PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 44. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, g/agree/ surfnet/federal const 12-07 21 rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. Attached is FHWA Form 1273, known as Exhibit "B", which describes required contract provisions for federal -aid construction contracts. Additionally, the CONTRACTOR shall insert in each subcontract all of the stipulations contained in the Required Contract Provisions of Form 1273, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. Certain sections of Form 1273 may not be applicable depending upon the project and will be crossed out. 45. ADDITIONAL FEDERAL REQUIREMENTS CONTRACTOR agrees to abide by the additional requirements necessary for federal- aid (see pgs. 12-14 of Exhibit "B"). The CONTRACTOR agrees to buy only steel and iron made in the United States for all federal -aid construction projects ("Buy America"). The CONTRACTOR also agrees to be subject to the legislative and regulatory Disadvantaged Business Enterprise (DBE) requirements (42 USC Section 2000d, et seq.). If the CONTRACT does not specify the goals for this program, then the CONTRACTOR's obligation under these regulations will be determined by the CITY. The CONTRACTOR shall also sign a non -collusion certification. Select projects may also require "Federal Trainee" or "On -the -Job Training" provisions to comply with federal regulations. 46. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 176a, et seq.) g/agree/ surfnet/federal const 12-07 22 for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 46. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 47. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). The CONTRACTOR will also comply with all provisions detailed in F14WA Form 1273 Exhibit "B"). CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their g/agree/ surfnet/federal const 12-07 23 discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 48. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or g/agree/ surfnet/federal const 12-07 24 dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 50. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Agreement award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. g/agree/ surfnet/federal const 12-07 25 51. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). 52. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 53. 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. 54. ENTIRETY The foregoing, and Exhibits "A" and "B" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, 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 party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, g/agree/ surfnet/federal cons[ 12-07 26 inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on S / 0,5 1 1 20 b . CONTRACTOR AND By: ` eCi(«�l�l. AAA--EE s prin ? ITS: (circle one Secretary/ hief Financial Officer/Asst. Secretary -Treasure g/agree/ swfnet/federal const 12-07 27 CITY OF HUNTINGTON BEACH, a municipal corporation of .the State of California 4L6,,Director o u Works REVIEWS PPROVED: City Adr gtrator APPROVED AS TO FORM: ^v �'.-. City Attorney �\23 0% /77/(. i T . SECTION C PROPOSAL for the Safe Routes to School, Cycle VI In the vicinity of Newland Elementary School C.C. No. 1304 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 therefore, 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. 55 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 b+d boNd in the amount of $ `0 V. 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 Bi der1s Signature s -LOA C-2 SECTION C PROJECT BID SCHEDULE SAFE ROUTES TO SCHOOL, CYCLE V- NEWLAND SCHOOL C.C. No. 1304 TOTAL AMOUNT BID IN FIGURES: TOTAL AMOUNT BID IN WORDS: $ 66 C-2.1 Project Bid Schedule Safe Routes to School — Cycle VI (Newland Elementary School) CC-1304 Item No: 1 ,,,Estimated Quantity' 1 L.S. Item With Unit Pnce Wntten�in Words Mobilization, I7mt�Pric�e , ' Extended �° Ain Per L.S. 2 1 L.S. Construction Survey. @ O%V- -nhuaft-k 0 '` 6CItD $ 1T $_ ®O Per L.S. 3 1 L.S. Monument Preservation. _ Per L.S. 4 1 L.S. Furnish Project Traffic Control. @ Tlwew -r%d . ; b r o o n $ _' $ -P)i 00 Per L.S. 5 1 L.S. Install Traffic Signal at Yorktown Avenue and Windward Lane. $ 105, 55Z $ t®?$•��� per"' @ ®RAID 9tl KED `l ANM Th4OQVI k6) T4aVF- ",NAftMZ TOiMM` Per L.S. p° 6 7 1 L.S. 55 EA. Traffic Striping and Signing. @ y t"leg -rkjm&1 TOO R rty'l TIC. 60�de Per L.S. Construct Curb Ramp Including Adjacent Gutter Plate per Caltrans Standard Plan No. A88A & $ 11, $ 11¢S9 6� $ 0:` $ A88B and AC Paving Replacement. @ nab A(M I-) roy-iZ, +AtDaagu� Per EA. 8 162 Sq. Ft. ConstructSidewalkper City Standard Plan 207. @ �t VL se j}�7 $ U.6'O •� $ L .M1i Y OOa Per S . Ft. 9 7 LF Construct Curb and Gutter per City Standard Plan 202. $ 4b < LBO Per L.F. 10 72 LF Furnish and Install Metal Hand Railing (Type B) per Standard Plans For Public Works $ 100 ` $ -I. ?DO Construction (A.P.W.A.) Standard Plan 606-2. @ Owe "tUTAIi EZ '"' � c•• Per L.F. C-2.2 Project Bid Schedule Safe Routes to School - Cycle VI (Newland Elementary School) CC-1304 Item No. 11 $shmated `:`Quantity 4 EA. 'Item With I1rut Price Written iriWorcis Install Radar Feedback Sign, Including I7rut Pace Extended Foundation.(Type IA Poles are City Furnished). $ I®a�® �' $ A0, goo @ T� 0.q "r ft%. -NKi TOO kMV� ..10tl Per EA. 12 JI 3 EA. Construct New 30' Tree Well (Includes Adjacent Sidewalk and Concrete Removal) $ goo " ,e $ 7- 100 @ 4� %W�g'baim•p l a Per EA. 13 3 EA. Remove Tree and Grind 24" Below Surface Per EA. 14 6 EA. Furnish and Plant New 24" Box Tree (See Appendix, Project Tree Species Palgtte) $ " $ :N,000 @ Ft%Je- Per EA. 15 1 L.S. 90 Day Plant Establishment and One year Maintenance $tp $ 800 Per L.S. Note: The City will provide the traffic signal controller and service cabinet, all signal poles, mast arms, luminaries, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 375-5015. C-2.3 FIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number, Class 'peo 312 S% C-1 o 94 CA 241'r_ tea► � � �• By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID State of California ss. County of Orange Fa.\-\zk--Da6t�i , being first duly sworn, deposes and says that he erne is of CA 91 tu%Amu i 4lathe 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. av-6t Sic+ ^'�liN�e��lvq & CQrYl,c�c4iN� ,1N� . Name of Bidde 0� Signature of Bidder suaSe C-1 Address `of Bidder Subscribed and sworn to before me this day of J, 20 (��. TIFFANY VAISANEN NOTARY PUBLIC - CALIFORN{A COMMISSION 1669354 m x ORANGE COUNTY NOTARY PUBLICExp. May 23, 20to NOTARY SEAL C-4 UTILITY AGREEMENT ! ' HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Safe Routes to School, Cycle VI —CC 1304, (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: 1,116t_N, .2062 CagffKN(a � l� ex� Can racki�vg , \�� Contractor CCl � � alai By V-sl d env Title C-5 DISQUALI)F'ICATION QUESTIONNAIRE i In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 6d 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: �A c k l.,ULf6vVti�u (►.t tJci.itic G� C[�l ►%lC i►�� <c yG Contractor By Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By %Qss� det-* Title Date: �yy,A , 2 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name \io02-1 '\D) �-OOK�rs� 'Sk • SuX t G 240 . Business Address Ut1�aiN N&�IN OP( q2-110i City, State Zip Telephone Number V' - A State Contractor's License No. and Class \ - 22 . 200-1 Original Date Issued 1. 3\ - '200 Expiration Date The work site was inspected by Vcaa of our office on 1496 LtN , 20ad The following are persons, firms, and corporations having a principal interest in this proposal: �UeK �Dac6k kresickok C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name ignature of Bidder Ua *' Dau i Printe or Typed Signature Subscribed and sworn to before me this V' day of AAAd 200j6�. TIFFANY VAISANEN ' NOTARY PUBLIC - CALIFORNIA 3 COMMISSION 8 16693M ORANGE COUNTY Comm. Exp. May 23, 20116 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. Se, CW�-ao-hes) . Name and Address of Public Agency 2. 3. Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 (For federally funded projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): /X_ Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: C IFC- r Contact Person: AkYa- _ �Vl` Contact Phone: 4- A Signed: �r®� Dater%d �- *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment C (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder_ �(�i u. N'�a �NA��J�t ��t�1�_ �;. UAL 010Noi , VNc - , proposed subcontractor. , hereby certifies that he has, has notparticipated in a previous ontract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering'agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations oflthe Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. i Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Paae 12-79 LPP 01-04 March 15, 2001 Local Assistance Procedures Manual PS&E Checklist Instructions DISCLOSURE OF LOBBYING ACTIVITIES UUMPLEIE THIS I UKM tU VISULUSh 1. Type of Federal Action a. contract b. grant c, cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: a. bid/offer/application b. initial award c. post -award 4. Name and Address of Reporting Entity Prime Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) 12. 14. EXHIBIT 12-E Attachment G i FUKSUAN I TU 31 U.S.U. l3�1 3. Report Type: Fla. initial b. material change For Material Change Only: year quarter_ date of last report 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known - 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. I Oa) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ actual planned a. retainer b. one-time fee Form of Payment (check all that apply): c. commission 8 a. cash d. contingent fee b. in -kind; specify: nature e deferred value LJ f. other, specify Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes1:1 No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: a was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. print Name: FARO- _ D'A'ti Ab 1352. This information will be reported to Congress q semiannually and will be available for public inspection. Any/ / person who fails to file the required disclosure shall be subject Title: (!>' to a civil penalty of not less than $10,000 and not more than 7 ' /�+ A $100,000 for each such failure. Telephone No.: �, i- Date: d Authorized for Local Reproduction Federal Use Only: Standard Form - LLL Standard Fn 1.L1. Rev_n9-17-97 LPP 01-04 Page 12-87 March 15, 2001 EXHIBIT 12-E Attachment G Local Assistance Procedures Manual PS&E Checklist Instructions INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity, (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. Page 12-88 March 15, 2001 LPP 01-04 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment G 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev.06-04-90,(ENDM, Page 12-89 LPP 01-04 March 15, 2001 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Safe Routes to School, Cycle VI — CC 1304 March 27, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: 1) CROSSWALK DETAIL AT MAGNOLIA STREET AND PIONEER DRIVE. The crosswalk shall be white thermoplastic with white 12" wide longitudinal thermoplastic lines spaced at 4' on center per the attached detail. This is to acknowledge receipt and review of Addendum Number One, dated March 27, 2008. &4,6AXWla Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at (714) 536-5431. 12" WIDE WHITE THERMOPLASTIC CROSSWALK WITH 12" WIDE LONGITUDINAL THERMOPLASTIC LINES SPACED AT 4' ON CENTER. H w w J 0 Z Q � NTS CROSSWALK DETAIL AT MAGNOLIA ST. AND PIONEER DR CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Wn ,o, e Contracting,California Engineering & Project Completed O.L. Development Omer Levin 818-402-0600 LH Engineering Paul Lee 714-758-8035 City of Garden Grove Tony aquino 714-741-5193 Caltrans Hictor Arroyo 805-480-4928 Pasadena Jim Valentine 626-744-4265 Signal & PCC $350,000 2007/08 Venal & Vanowen Signal & PCC $400,000 2007/08 Brookhurst / 91 freeway Signal Modification $350,000 2008 Wheel chair ramp Street light $73,000 2007 07-A2221 Street light $80,000 2007/08 16027 Brookhurst St, Suite G #240, Fountain Valley, CA 92708 Phone (714)708-3544. Fax (714)708-3581. Email caengcont*gmail.com License #88988 ITMM INSCO INSURANCE SERVICES, INC. insc%11=® Underwriting Manager for: 0 1 p Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 BOND NO. 11-428-039 KNOW ALL MEN BY THESE PRESENTS, That we, California Engineering & Contracting, Inc. as Principal, and Developers Surety and Indemnity Company a corporation authorized to transact a general surety business in the State of Iowa as Surety, are held and firmly bound unto The City of Huntington Beach (hereinafter called the Obligee) in the full and just sum of Forty Thousand -------------------- Dollars, ($ 40,000.00-------- ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Safe Routes To School, Cycle VI NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 8th California Engineering & Contracting, Inc. Fayek Principal day of April Developers Surety and Indemnity Company 2008 YEAR Surety //__ f By: /j'J Blake A Pfister, Attorney -in -Fact ID-1198 (Bid Bond) (REV. 1/01) State of California County of _ pr-aru3.c. ACKNOWLEDGMENT },5 } On _ 3-19-08 , before me, Lianne Nahina, Notary Public, Notary Public, personally appeared R�akp�_ who proved to me on the basis of satisfactory evidence to be the person whose narne-f ;s/ subscribed to the within instrument and acknowledged to me that he/she,`they executed the same in hisJi -ir autnorized capacity(4s-), and tha* by hls/he(A,7 eir sianatureX) on the instrument the personal, or the entity upon benalf of wnich the person06 acted, executed the instrument certify under PENALTY OF PEP.iUPY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal l .Si-hature of notary OPTIONAL WFC7RMATION Description of Attached Document Tif1e or Type of Document: Bid Bond 11-428-039 DaLe: April 8, 2008 iJumber of Pages &gner( Is) Other, than Named Above: None Capaeity(ies) Claimed by Signer Signer s Name: 0 Individual 0 Corporate Officer --Title:_ o Partner o Limited 0 General <X Attorney in Fact a trustee c Guardian or Conservator u Other - Signer is Represerjting: Developers Surety and Indemnity Company POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 Bond No.11-428-039 KNOWALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Blake A. Pfister*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January lst, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attomey, qualifying the allomey(s) named in the Powers of Attorney to execute, on behalf of the corporations; bonds, undertakings and contracts of suretyship, and that tha Secretary or any Assistant Secretaq of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. ,;,, rrrfre By: �� �?E AND �S Stephen T Pate, Senior Vice President vxs c - OCT., 10:. By. =oa 1$36 Charles L. Day, Assistant Secretary WZ MfP J State of California County of Orange On January 1st 2008 before me, Christopher J. Roach Notary Public Date Here Insert Name and Title of the Officer personall;, appeared Stephen T. Pate and Charles L, Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized r 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 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. Place Notary Seal Above Signature�z� Chr erJ. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. 8th April, 2008. This Certificate is executed in the City of Irvine, California, the day of By X Albert Hillebrand, Assistant ecretary ID-1 380(Wet)(Rev.07/07) REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General................................................................... II. Nondiscrimination.................................................... III. Nonsegregated Facilities ......................................... IV. Payment of Predetermined Minimum Wage ............. V. Statements and Payrolls .......................................... VI. Record of Materials, Supplies, and Labor ................ VII. Subletting or Assigning the Contract ........................ VIII. Safety: Accident Prevention .................................... IX. False Statements Concerning Highway Projects................................................................. X. Implementation of Clean Air Act and Federal Water Pollution Control Act ....................... XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ...................... XII. Certification Regarding Use of Contract Funds for Lobbying ................................................ ATTACHMENTS Page a. discriminate against labor from any other State, 1 possession, or territory of the United States (except for 1 employment preference for Appalachian contracts, when 3 applicable, as specified in Attachment A), or 4 6 b. employ convict labor for any purpose within the limits 7 of the project unless it is labor performed by convicts who are 7 on parole, supervised release, or probation. 8 II. NONDISCRIMINATION 8 (Applicable to all Federal -aid construction contracts and 8 to all related subcontracts of $10,000 or more.) 9 11 A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: 1. Equal Employment Opportunity: Equal employ- ment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 USC 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO. a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: Form FHWA-1273 (Rev. 3-15-02) Q:\SPECIAL\CONTRACT PLANS\468 Page 1 ' a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee Form FHWA-1273 (Rev. 3-15-02) Q:\SPECIALICONTRACT PLANS\468 facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without Page 2 regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non —minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; Form FHWA-1273 (Rev. 3-15-02) Q:\SPECIAL\CONTRACT PLANS\468 (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on—the—job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or Page 3 cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Form FHWA-1273 (Rev. 3-15-02) Q:\SPECIAL\CONTRACT PLANS\468 contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman - level employees on the job site in any craft classification shall Page 4 not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman —level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the Form FHWA-1273 (Rev. 3-15-02) Q:\SPECIAL\CONTRACT PLANS\468 corresponding journeymanlevel wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal —aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such work week unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. Page 5 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing Form FHWA-1273 (Rev. 3-15-02) Q:\SPECIAL\CONTRACT PLANS\468 benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005- 0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less than the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH- 347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, Page 6 the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. Form FHWA-1273 (Rev. 3-15-02) Q:\SPECIAL\CONTRACT PLANS\468 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. Vill. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: Page 7 NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both. " X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees Form FHWA-1273 (Rev. 3-15-02) Q:\SPECIAL\CONTRACT PLANS\468 to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUS- PENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification — Primary Covered Transactions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. Page 8 h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1b of this certification; and d. Have not within a 3-year period preceding this applicaion/ proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Covered Transactions: Form FHWA-1273 (Rev. 3-15-02) Q:\SPECIAL\CONTRACT PLANS\468 (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49CFR29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated Page 9 may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. Form FHWA-1273 (Rev. 3-15-02) Q:\SPECIAL\CONTRACT PLANS\468 Page 10 Q:\SPECIAL\CONTRACT PLANS\470 Rev. 3-15-02 SPECIAL PROVISIONS EEO AFFIRMATIVE ACTION REQUIREMENTS ON FEDERAL & FEDERAL -AID CONSTRUCTION CONTRACTS Federal -aid contractors are hereby notified they are subject to the OFCCP goals and timetables for minority and female participation expressed below. Compliance with the goals and OFCCP affirmative action efforts for contracts and subcontracts consisting of $10,000 or more will be determined by OFCCP officials. APPENDIX A Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1. The Offeror's or Bidder's attention is called to the Equal Opportunity Clause and "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: GOALS FOR FEMALE PARTICIPATION EACH TRADE 6.9% TIMETABLES GOALS FOR MINORITY PARTICIPATION IN EACH TRADE 153 Great Falls, MT SMSA (Standard Metropolitan Statistical Area) Counties 3040 Great Falls, MT 3.2% Cascade County Non-SMSA Counties 4.1 % Blaine, Broadwater, Chouteau, Fergus, Glacier, Hill, Jefferson, Judith Basin, Lewis & Clark, Liberty, Meagher, Petroleum, Phillips, Pondera, Teton, Toole, Wheatland 154 Missoula, MT Non-SMSA Counties 2.7% Beaverhead, Deer Lodge, Flathead, Granite, Lincoln, Madison, Mineral, Lake Missoula, Powell, Ravalli, Sanders, Silver Bow 155 Billings, MT SMSA Counties 0880 Billings, MT Yellowstone County 3.3% Non-SMSA Counties 3.3% Big Horn, Carbon, Carter, Custer, Dawson, Fallon, Gallatin, Garfield, Golden Valley, McCone, Musselshell, Park, Powder River, Prairie, Rosebud, Stillwater, Sweet Grass, Treasure, Wibaux, Yellowstone Nat'l Park Non-SMSA Counties Valley, Daniels, Sheridan, Richland, Roosevelt 4.4% These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 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 920 at (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] California. W�II I r 15i` .DOW. 247542A Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20`, at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] E , IF R ORNEX JL.� 3-_-�Fb-UP 1 245911 1 CONTRACTOR'S CERTIFICATE I, , state and certify that: (Name of Declarant) 1. is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at APPROVED AS TO FORM on this day of 120 By: /1-7/a Name: [Type Name] Title: [Type Title] (Signature of Declarant) 1 245914 1 ACORD TM CERTIFICATE OF LIABILITY IN U y NCE DA05/21/08 PRODUCER —Pacific Tristar Insurance Srv, Inc. 1780 Town and Country Dr Suite 107 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Norco, CA 92571 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # Phone (951)284-0750 Fax (951)284-0755 INSURED California Engineering & Contracting, Inc. 16027 i3rookhurst St G#240 Fountain Valley, CA 92708- INSURER A: COLONY INSURANCE COMPANY INSURER B: PROGRESSIVE INSURANCE SERVICE INSURER C: INSURER D: WELLINGTON INSURANCE INSURER E: STATE FUND COMPENSATION INSUR COVERAGES INSURER F: THE POLICIES OF INSURANCE LISTED HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE 1.000.000 ❑ COMMERCIAL GENERAL LIABILITY GL-3592835 10/09/08 10/09/09 DAMAGE ( RENTED PREMISES Ea occurence 100.000 MED EXP (Any one person) 5.000 ❑❑ CLAIMS MADE 0 OCCUR A ® ❑ PERSONAL & ADV INJURY 1.000.000 ❑ GENERAL AGGREGATE 2.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG 2.000.000 ❑d POLICY ❑d PROJECT ❑ LOC AUTOMOBILE LIABILITY E] ANY AUTO 06001373-0 09/27/07 09/27/08 COMBINED SINGLE LIMIT (Ea accident) 1.000.000 BODILY INJURY (Per person) B d❑ ❑d ALL OWNED AUTOS lie SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS ) F BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY -i i4l EXII'MCORAJ omey� �, /� AUTO ONLY - EA ACCIDENT ❑ ❑ ANY AUTO OTHER THAN EA ACC ❑ AUTO ONLY: AGG EXCESS LIABILITY ❑-/ OCCUR ❑ CLAIMS MADE 80020123 01/23/08 01/23/09 EACH OCCURRENCE 5.000.000 AGGREGATE 5.000.000 D F%--*] ❑ DEDUCTIBLE ❑ RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 1868079 12/01/07 12/01/08 TWCYSLTIATUSORMIT❑ OTH - ER E.L. EACH ACCIDENT 1.000.000 E ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER / MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - EA EMPLOYEE 1.000.000 E.L. DISEASE - POLICY LIMIT 1.000.000 OTHER DESCRIPTION OF OPERATIONS ! LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS THE CITY OF HUNTIGTON BEACH, IT'S AGENT'S,OFFICERS & EMPLOYEES ARE ALSO ADDITIONAL INSURED. PROJECT NAME: SAFE ROUTES TO SCHOOL CYCLE V1 CASH CONTRACT 1304. CERTIFICATE HOLDER CANCELLATION CITY OF HUNTIGTON BEACH 200 MAIN STREET P.O. BOX 19,CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATIVE V ` AGQRp�5,_(20�1/08).,�,,.,� _....-.r.: r...._,a� ©ACQRD•CORPORATIDN,19SHF IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer; and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. This .Endorsement form is required in addition to the Certificate of Insurance. These are two separate documents. Policy Number: GL-3592835 Effective Date: 10/09/07 Expiration Date: 10/09/08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL) IT CAREFULLY. CG20101185 ADDI'TIONA INSURED -OWNER, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART: SCHEDULE Name of Person or Organization: CITY OF HUNTIGTON BEACH 200 MAIN STREET P.O.BOX 190, CA 92648 THE CITY OF HUNTIGTON BEACH, IT'S AGENT'S, OFFICER'S & EMPLOYEES ARE ALSO ADDITIONAL INSURED. PROJECT NAME: SAFE ROUTES TO SCHOOL CYCLE VI CASH CONTRACT 1304. THIS ENDORSEMENT SHALL BE EFFECTIVE UNTILL THE COMPLETION OF THE WORK AND THE COUNTY'S ACCEPTANCE OF THE WORK. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CALIFORNIA ENGINEERING & CONTRACTING 16027 BROOKHURST STREET, SUIT G#240 FOUNTAIN VALLEY,CA 92708 In the event of expiration of proposed cancellation of this policy for any reason whatsoever, the insurer shall notify Department of Transportation 1727 30t` Street Sacramento; Ca. 95816-7006 giving a sufficient time before the date ACDRDTM CERTIFICATE OF LIABILITY INSURANCEDA05/21/08�'' PRODUCER Pacific Tristar Insurance Sw, Inc. 1780 Town and Country Dr Suite 107 Norco, CA 92571 - Phone (951)284-0750 Fax (951)284-0755 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED California Engineering & Contracting, Inc. 16027 Brookhurst St G#240 Fountain Valley, CA 92708- INSURER A: COLONY INSURANCE COMPANY INSURER B: PROGRESSIVE INSURANCE SERVICE INSURER C: INSURER D: WELLINGTON INSURANCE INSURER E: STATE FUND COMPENSATION INSUR COVERAGES INSURER F: THE POLICIES OF INSURANCE LISTED HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DDIYY LIMITS A FVI GENERAL LIABILITY ❑ COMMERCIAL GENERAL LIABILITY ❑❑ CLAIMS MADE d❑ OCCUR ❑ GL-3592835 10/09/08 10/09/09 EACH OCCURRENCE 1,000.000 DAMAGE TO RENTED PREMISES Ea occurence 100.000 MED EXP (Any one person) 5.000 PERSONAL & ADV INJURY 1.000.000 ❑ GEN'L AGGREGATE LIMIT APPLIES PER: ❑d POLICY k PROJECT ❑ LOC GENERAL AGGREGATE 2.000.000 PRODUCTS - COMP/OP AGG 2.000.000 B ❑d AUTOMOBILE LIABILITY El ANY AUTO ❑d ALL OWNED AUTOS SCHEDULEDAUTOS ❑d HIRED AUTOS ❑d NON OWNED AUTOS ❑ 06001373-0 $= '9 y'ED S 3E F C 09/27/07 '(}�� T 09/27/08 COMBINED SINGLE LIMIT (Ea accident) . 1.000.000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) El ❑ GARAGE LIABILITY ❑ ANY AUTO ❑ / I' l` CO 1 v!J AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGG D ❑ EXCESS LIABILITY ❑V OCCUR El MADE ❑ DEDUCTIBLE ❑ RETENTION 80020123 01 /23/08 01 /23/09 EACH OCCURRENCE 5.000.000 AGGREGATE 5.000.000 E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER / MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 1868079 12/01/07 12/01/08 WC STATU- ❑ OTH- TORYLIMITS ER E.L. EACH ACCIDENT 1.000.000 E.L. DISEASE - EA EMPLOYEE 1.000.000 E.L. DISEASE - POLICY LIMIT 1.000.000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS THE CITY OF HUNTIGTON BEACH, IT'S AGENT'S,OFFICERS & EMPLOYEES ARE ALSO ADDITIONAL INSURED. PROJECT NAME: SAFE ROUTES TO SCHOOL CYCLE V1 CASH CONTRACT 1304. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL CITY OF H UNTIGTON BEACH 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO 200 MAIN STREET THE LEFT' P.O. BOX 19,CA 92648 AUTHORIZED REPRESENTATIVE _-���,ACORD-5-12 m@-,AC-ORD.CORPORATtON— 988--, IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ,CORD 25 (2001108) This Endorsement form is required in addition to the Certificate of Insurance. These are two separate documents. Policy Number: 06001373-0 Effective Date: 09/27/07 Expiration Date: 09/27/08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG20101185 (FORMADDITIONA INSURED -OWNER, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL AUTO LIABILITY COVERAGE PART: SCHEDULE Name of Person or Organization: CITY OF HUNTIGTON BEACH 200 MAIN STREET P.O.BOX 190, CA 92648 THE CITY OF HUNTIGTON BEACH, IT'S AGENT'S, OFFICER'S & EMPLOYEES ARE ALSO ADDITIONAL INSURED. PROJECT NAME: SAFE ROUTES TO SCHOOL CYCLE VI CASH CONTRACT 1304. THIS ENDORSEMENT SHALL BE EFFECTIVE UNTILL THE COMPLETION OF THE WORK AND THE COUNTY'S ACCEPTANCE OF THE WORK. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CALIFORNIA ENGINEERING & CONTRACTING 16027 BROOKHURST STREET, SUIT G#240 FOUNTAIN VALLEY,CA 92708 In the event of expiration of proposed cancellation of this policy for any reason whatsoever, the insurer shall notify Department of Transportation 1727 30th Street Sacramento, Ca. 95816-7006 giving a sufficient time before the date 05-19-' 08 13.48 FROM- %TATE P.O. BOX 420807/ SAN RAISC04A 94142-0807 SaRANCFUND CERTIFICATE OF WORKERS COMPENSATION IMURANCE ISSUE QATE; oS-10.200E T-143 P004/004 F-741 SG GROUP; POLICY NU"M 1666479-2007 CERTIFICATE *1 35 CEttMICAT6 WIRM 12-01-2008 12-01-2008/12-01-2008 Cain OF MUNTIMINTON $EACH d0s:5AFE RourEs TD MiDot, t:YCLI: vi CASH PUBLIC WORXS DEPARTMW CDkMMCi 120 20W MAIN ST mumnivanN BEACH CA 228411-2702 This la to certify that we have issued a vind Workers Compenodafl Insurance policy in a farm approved by the Car+fornia insurance Commissioner to the employer tamed below for the 09doy ported that will expire Or did e*ra as imdicated above. This eertfficate of ins ante is not an insurance parley end does not amond exwnd er otter the eoverap afforded by the P0007 listed herein. NotWVMT",ftf my rt qu"u ► t term or ce�tion of any 6onWot or r document with rQ0% to which IMS CVWiGKQ of ingurAfto may be issued or to which it n aY pertain, tMe inMan08 afforded by via policy desalbed WOW it subject to ail the t8rim, exCtuslone, end conditions, of Such Wiey R��E�tvTArl � 9MPL0Y6R'5 LUST 1NCI.U0IN%*Q9FM1 003M $1,000,000 PEP, OCCURRMCE. MaRSEMENT #ion - FAYFK 0AAMPASS - EXCLUDED. €ftDOR5E15EWi t71600 - ABLAH DAAIF,VP,S,T • EXCLUDED. ®® MRSEMAENT #2065 VITITLE0 CERTIFICATE HOLDERS' NOTICE EFMUMVB i2�01.2007 TS ATTACHED TO AND FOPM A PART. OF THIS POLICY. RPLOVER C&IVORNIA Efi46aHIMING A CWTi+ACTING INC SG IM7 MMGKHURST ST STE G PieS 240 F1NINTAIN VALLEY CA 92908 �MC�� RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL. COMMUNICATION TO: Sh i Freidenr'ch, City Treasurer FROM: s �� DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved 5 (Council Approval Date) (Company Name) Agenda Item No. City Clerk Vault No. lz-:- - z/- #27 g1followup/bondletter.doc Premium included in performance bond Bond No. 7 2 8 0 48 P (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that; WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to California Engineering & Contracting Inc 16027 Brookhurst St Suite G #240 Fountain Valley CA 92708 (name and address of contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: Safe Routes to School, Cycle VI, Cash Contract 1304 (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 Developers Surety and Indemnity Company 17780 Fitch, Irvine, CA 92614 (name and addr®as 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 Three Hundred Twelve Thousand Two Hundred Forty —Two & 60/100's-------- --------------- dollars, ($ 312 , 242. 60. ), this amount being not less than one hundred percent (100%) of the total price eel 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 3161 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, afteration, 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, 277599.1 PAYMENT BOND Page 1 of 2 Bond No. 728048P 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 19 2008 ATTEST California Engineering & Contracting, Inc. (Corporate Seal) (principal Name) By�s� Name: Its: . Developers Surety and Indemnity Company ATTEST (Corporate Seal) u ty Name) By: Name: (Signature of Attorney -in -Fact for Surety) i80 782-1546 (Attach Attorney -in -Fact Certificate) (Area Code & Telephone Number of Surety) APPROVED AS TO FOW CITY OF HUNTINGTON BEACH By ennifer Mc rath ity Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and ovldence of the authority of any porson signing as ertomoy-in-fact must be attached znsa9.e PAYMENT BOND Page 2 of 2 ACKNOWLEDGMENT State of California Iss. County of Orange } On May 19, 2008 before me, Lianne Nahina, Notary Public Notary Public, personally appeared Blake.A Pfister , 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/I t authorized capacity(i,@e), and that by his/ham signature( 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. '- LIANN°NAH1P1 Commission * 1767633 •� Notary Public - California Orange County NtyOMM 80"Ssp 14, 2011 ature of Notary OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: Payment Bond 728048P Date: May 19, 2008 Number of Pages: 2 Signer(s) Other than Named Above: NONE Capacity(ies) Claimed by Signer Signer's Name- 0 Individual o Corporate Officer —Title: o Partner o Limited o General Jo, Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: Developers Surety and Indemnity Company POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA AttacheI5 t,COA92fi2�1949)2fi33300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Blake A. Pfister*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorneys) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. c rw� Stephen T. Pate, Senior Vice PresidentQ�` y04wBy: 641Xj1.0 ,bJOGT� Charles L. Day, Assistant Secretary Vok VN-% ,00 g- _ State of California County of Orange On January 1st, 2008 before me, Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personall,, appeared Stephen T. Pate and Chad-, L. Day Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to iF,r •,; _« 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/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of '- e which the person(s) acted, executed the instrument. y4 n Mau, - ' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is t3, true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature—� Chr' er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 19 t )day of May I . 2008 By: Albert Hill brand, Assistant Secretary ID-1 380(Wet)(Rev.07/07) Premium: $9,367 Bond No. " `- 0 4 KNOW ALL PERSONS BY THESE PRESENTS: 728048P WHEREAS, City of Huntington Beach (hereinafter referred to as "C%) has,Awritten agreement dam May , 20 O entered into a contract with C a i f o r i s g i n e e i n g an - Contracting, Inc. 16027 Brookhurst St Suite G #240 Pountain valiey 8 (name and address of Contractor) (hereinafter referred to as "principal"), for performance of the work described as follows: Safe Routes to School, Cycle VI, Cash Contract 1304 (Project Title) / WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOWTHEREFORE, we, the undersigned, as Principal, and Developers Surety and Indemnity Company 17780 Fitch, Irvine, CA 92614 (name and address of SumV) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as 'Surety"), as Surety, are held and firmly bound unto City In the _penal sum f Three Hundred' Twelve Thousand Two Hundred Forty —Two & 60/o100's Dollars ($ 312 , 242. 60 ), 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 modlflcation 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 277171.1 PERFORMANCE BOND Page l of 2 Bond No. 728048P any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments In the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: May 19, 2008 ATTEST California Engineering & Contracting, Inc. (Corporate Seal) (Principal N By; Name: FLI e Title: ATTEST Developers Surety and Indemnity Company (Corporate Sea!) _ �,o (S ty Name) By: Name:Blake A Pfister (Signature of Attorney -in -Fact for Surety) (Attach Attorney -in -Fact Certificate) 8 0 0) 7 8 2 —15 4 6 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY 0 UNTINGTON BEACH c aYe6nnffer Mc ath� �AlS166 ity Attorney Note: This pond must be executed in duplicate and dated, aft signatures must be notan7ed, and evidence of tire euthorfty or any person slgning as attomey+n-fact must bs attached. znm.+ PERFORMANCE BOND Page 2 of 2 ACKNOWLEDGMENT State of California }ss. County of Orange } On May 19, 2008 , before me, Lianne Nahina, Notary Public Notary Public, personally appeared Blake A Pfister who proved to me on the basis of satisfactory evidence to be the person whose name(,) is/aw subscribed to the within instrument and acknowledged to me that he/ executed the same in his/hefty authorized capacity(Woe�, and that by his/hQ4t4-� signature(e) on the instrument the person(, or the entity upon behalf of which the person*, acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LIANfVE NAHINA Com# misslon 1767633 :.'� Notary Public - California Orange County MVC0rrMEVkwSep 14, 20)1 r Signature of Notary-'' OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: performance bond 728048P Date: May 19, 2008 Number of Pages: Signer(s) Other than Named Above: NONE Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer —Title:_ o Partner o Limited o General 19r, Attorney in Fact o Trustee o Guardian or Conservator o Other: 2 Signer is Representing: Developers Surety and Indemnity Company POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA A PO Box t t a c h eIRVINE, CA 919 1 1 2W100to KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Blake A. Pfister*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-fact, pursuant to these presents, are hereby ratified and confirmed, This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power ofAttorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. By: Stephen T. Pate, Senior Vice President By: LL-� Charles L. Day, Assistant Secretary ZZ State of California County of Orange On January 1 st 2008 before me, Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Da Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �Cher J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby cerfify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 19 tkay of May 2008 By: Albert Hillebrand, Assistant ecretary ID-1380(Wet)(Rev.07/07) i City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK July 10, 2008 California Engineering and Contracting, Inc. 16027 Brookhurst St., Ste. G #240 Fountain Valley, CA 92708 To Whom It May Concern: Re: Safe Routes to School, Cycle Vl — CC-1304 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the proiect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5437. JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister Citigl?'X'`?l`j IN °a�v`-asvVg7�S�Wr�ocNew Zealand (Telephone: 714-536-5227! City of Huntington Beach CC —1304 Safe Routes to School, Cycle VI Bid Opening: April 8, 2008 @ 2:00 P.M. Engineer's Estimate: $400,000 Rank Bidder's Name Bid Amount Corrected Bid Amount AK Engineering 6 Allied e Corp. $458,600.00 $431,800.00 1 California Engineering & Contracting, Inc. $312,242.60 California Traffic Maintenance Inc. 5 Damon Construction Company $404,917.00 Dynaelectric 3 Elite Bobcat Service, Inc. $344,600.00 2 GMC Engineering Inc. $340,765.00 Hillcrest Contracting Los Angeles Signal Construction, Inc. 4 Nobest Inc. $365,000.00 Ramilan Electric, Inc. Rivera Irrigation Inc. S. Parker Engineering, Inc. Steven's Tree Experts Council/Agency Meeting Held: o oor Deferred/Continued to: Wv Appro ed ❑ Conditionally Approved ❑ Denied,, City I k s S* natu e Council Meeting Date: 5/5/2008 Department Number: PW 08-29 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL ME SUBMITTED BY: PREPARED BY: PAUL EMERY, INTERIM CITY ADMINISTRATO TRAVIS K. HOPKINS, PE, DIRECTOR OF SUBJECT: Award Safe Routes to School Project - Newland School Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Safe Routes to School Project, CC 1304 was advertised and six bids were received on April 8, 2008. Staff requests the City Council -award the project to the lowest responsive and responsible bidder, California Engineering & Contracting, Inc. Funding Source: Grant funds in the amount of $251,700 are budgeted in the Safe Routes to School Fund Traffic Improvements, 87890004.82700. Matching funds in the amount of $220,300 are budgeted in the Traffic Impact Fund 20690007.84400 and $100,000 is budgeted in the Gas Tax Fund 20790007.82700. The estimated cost of the project is $572,000, which includes the purchase of traffic signal equipment by the City. Recommended Action: Motion to: 1. Approve the project plans and specifications for the Safe Routes to School, Cycle VI Project in the vicinity of Newland School, CC-1304; 2. Accept the lowest responsive and responsible bid submitted by California Engineering and Contracting, Inc., in the amount of $312,242.60; and 3. 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 direct staff to readvertise or abandon the project. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 5/5/2008 DEPARTMENT ID NUMBER: PW 08-29 Analysis: In June 2005, the City applied for a grant for traffic safety improvements in the vicinity of Newland School under the state's Safe Routes to School Program. The grant was approved and the state allocated funds in March 2007. The estimated cost for this project is $572,000. State funds will be appropriated in the amount of $251,700. The balance of the funding is from Traffic Impact Fees and Gas Tax Funds as indicated in the 2007/08 Capital Improvement Program. The City typically purchases all major components of the traffic signal equipment directly. This practice ensures consistency of equipment among the 130 traffic signals maintained by the City. Direct purchase also provides the added benefit of reduced costs to the City due to elimination of contractor mark-ups, typically in excess of 20 percent on this type of equipment. The project includes the installation of a traffic signal at the intersection of Yorktown Avenue and Windward Lane, the installation of curb ramps, damaged sidewalk replacement, the installation of radar feedback signs to display motorists' speed, and signing and striping improvements. A complete set of plans and specifications are available for review at the Public Works counter during normal working hours. Bids were opened publicly on April 8, 2008, and are listed in ascending order: Bidder Submitted Bid Corrected Bid 1 California Engineering & Contracting, Inc. $312,242.60 2 GMC Engineering Inc. $340,765.00 3 EBS Inc. $344,600.00 4 Nobest Inc. $365,000.00 5 Damon Construction Company $404,917.00 6 Allied e Corp. $458,600.00 $431,800.00 The reference check for California Engineering & Contracting, Inc. provided acceptable responses from past clients. All other elements of the bid were found to be in compliance with bidding requirements. Therefore, staff recommends that the City Council accept the bid from California Engineering & Contracting, Inc. as the lowest responsive and responsible bidder. Public Works Commission Action: The Public Works Commission recommended the project on January 16, 2008, by a vote of 7-0. Strategic Plan Goal: (1-1) Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. -2- 4/16/2008 3:00 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 5/5/2008 DEPARTMENT ID NUMBER: PW 08-29 (C-1) Improve transportation through a variety of means including improving traffic flow, synchronizing traffic signals, traffic calming, and alternative transportation methods such as bike and walking paths. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15303 (c). Attachment(s): -3- 4/16/2008 3:00 PM ATTACHMENT #1 ---Jl n. i CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING � LOCATION MAP ATTACHMENT 05 SAFE ROUTES TO SCHOOL PROJECT — NEWLAND SCHOOL 1 ATTACHMENT #2 NO SCALE n �J 0 N LEGEND F = SIGN f = RADAR SIGN 'SLOW SCHOOL XING' LEGEND II = EXISTING SCHOOL CROSSWALK p = PAINT SCHOOL CROSSWALK (YELLOW) = CONSTRUCT CURB RAMP ® = INSTALLTRAFFIC SIGNAL ®= SIDEWALK IMPROVEMENTS ADAMS CONSTRUCTION NOTES 1QREMOVE EXISTING SIGN OR LEGEND 2OREPAINT EXISTING 'SLOW SCHOOL XING' 30 REPAINT CROSSWALK ® PAINT CROSSWALK O INSTALL FLUORESCENT YELLOW GREEN St-1 & S4-3 PER MUTCD 2003 CALIFORNIA SUPPLEMENT FIGURE 7B-101 'ASSEMBLY A.' © INSTALL FLUORESCENT YELLOW GREEN S1-1 & W16-7 PER MUTCD 2003 CALIFORNIA SUPPLEMENT FIGURE 7B-101 'ASSEMBLY B.' 7O INSTALL FLUORESCENT YELLOW GREEN S1-1 & W16-9P PER MUTCD 2003 CALIFORNIA SUPPLEMENT FIGURE 7B-101 'ASSEMBLY D.' ® INSTALL RADAR SIGN \Traffic Drawings\Sr2S-6s\Newland Schooll.dwg CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS TRAFFIC ENGINEERING NEWLAND SCHOOL PROPOSED IMPROVEMENTS ATTACHMENT 2 RCA ROUTING SHEET INITIATING DEPARTMENT: Public works SUBJECT: Award Safe Routes to School Project- Newland School COUNCIL MEETING DATE: May 5, 2008 RCA ATTACHMENTS (STATUS ,.. Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Ap licable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached - ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Nott Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR�MIS$ING ATTACHMENTS RCA Author: Janusz:jg Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. -I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and the attached Notice is a true and complete copy as was printed and published on the following date(s): March 13, 20, 27 April 3, 2008 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on April 4, 2008 at Costa Mesa, California Signature tthe City of. Hunting- NOM MM6 SEW BIDS too n Beach. The Contrac- for tor .shall, in the per - CC4304 formance of the work and improvements, con - Notice is hereby given that sealed bids will be form to the Labor Code of the State of Califor- received by the City of Huntington Beach at the riia and other Law's of the State of California office of the City Clerk at City Hall, 2000 Maid applicable thereto, with the exception only of Street,. Huntington. such variations that Beach, CA 92648, until may be required under the special statutes pur- the. hour of 2:00 PM on' April 8, 2008, at which! suant to which proceed - time bids will be opened ings hereunder are tak- and read aloud and which have not enpublicly been superseded by the in the Council Chambers for the Safe Routes to Provisions of the Labor School Program, Cycle! Code: Preference to la - bor shall be given only VI (In the vicinity of Newland Elementary in the manner provided School) - CC-1304 in bylaw: No bid shall be consid- the City of Huntington Beach. ered unless it is made A set of plans, on a form furnished by specifications, and con- the City of Huntington Beach, Department of ' tract documents may be obtained starting March Public Works, and is 13, 2008 at City Hall, made in accordance ? with the provisions of Department of Public Works upon receipt of a t h e p.r o p o s a I non-refundable fee of requirements. Each bidder must be $50.00, sales tax in- cluded; if picked up or licensed as required by $60.00 if mailed (bid- law. The City Council of the der shall pay additional City of Huntington costs .for special deliv- Beach reserves the right erEach bid shall be to reject any or all bids. made on the Proposal By order of the City Council of the City of Form provided in the contract documents', Huntington Beach, Cali - and shall be accompa- fornia the 4th day of September 2007, by nied by a certified or cashier's check or a bid RESOLUTION2007-55. bond for not less than Joan L. Flynn City Clerk of the City of 10% of the amount of the bid, made payable Huntington Beach n 2000 Main Street. .(714)536-5431 Published Huntington Beach. Independent ,March 13, 20, 27, April 3„ 2008' . 032-422 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and the attached Notice is a true and complete copy as was printed and published on the following date(s): March 13, 20, 27 April 3, 2008 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on April 4, 2008 at Costa Mesa, California Signature -to the City of-Hunting- KOMEIWMG'SFAIED NDS ton Beach. The Contrac- tor shall, in the per 10i formance of the work and improvements, con-� „CC-1304 Notice is hereby given form to the. Labor Code: of the State of Califor, that sealed bids will be nia and other Laws of received by the City of 'at the State California Huntington Beach the applicable thereto, with office of the City, Clerk the exception of at City Hall, 2000 Main .only such. variations that Street, Huntington Beach, CA 92648, until may be required under the hour of 2:00 PM on the special statutes pur- suant to which proceed - April 8,• 2008, at which ings hereunder are tak- time bids will be opened en and which have not publicly and read aloud been superseded by. the in the Council Chambers for the Safe Routes to provisions of the. Labor School Program, Cycle Code. Preference to la- i VI (In the vicinity of bor shall be given only in the manner provided Newland Elementary by law. School) - CC-1304 in No bid shall be consid 'the City of Huntington ered unless it is made ' Beach. A set of on.a form furnished by .plans, specifications, and con- the City' of Huntington Beach, Department ` of tract documents may be Public Works,. and is obtained starting March made in accordance 13, 2008 at City Hall, with the provisions of, Department of Public Works upon receipt of a the proposal non-refundable fee of � requirements. .• ,c.; Each bidder must be $50.00, sales • tax m- eluded, if licensed as required 6y picked up or;t';�;•n j law. ;^y $60.00 if mailed (bid- I The City Council of the der shall pay additional city of , Huntington costs for special deliv- erEachy) Beach reserves the right Rr:� .: bid shall be to reject any or all bids. ' ; . made on the Proposal BY order of the City Council of the City of Form providedin the Huntington Beach, Cali - contract documents, • fornia the 4th day of. and shall be accompa September 2007, by k nied by a certified or RESOLUTION 2007-55. cashier's check or a bid bond for not less than Joan L. Flynn r:• 10%' of the amount of City Clerk of.the City of =< .•'rtt„' Huntington Beach YT• the bid, made payable _;, , 2000,Main Street.. (714) 536-5431 v 3J — — V Published Huntington, Beachrindependent. March 13, 20, 27, Aprili: i 3,2008 032-4221 City of Huntington Beach CC —1304 Safe Routes to School, Cycle VI Bid Opening: April 8, 2008 @ 2:00 P.M. Engineer's Estimate: $400,000 Rank Bidder's Name Bid Amount Corrected Bid Amount AK Engineering Allied e Corp. California Engineering & Contracting, Inc. 6 California Traffic Maintenance Inc. Damon Construction Company O� / Dynaelectric Elite Bobcat Service, Inc. 24�L60o GMC Engineering Inc. O a J Hillcrest Contracting Los Angeles Signal Construction, Inc. Nobest Inc. o0 T1 (J Ramilan Electric, Inc. Rivera Irrigation Inc. S. Parker Engineering, Inc. Steven's Tree Experts 7b�/llL�J��L1 C� can�J�--y �css�o�� Cl- CC) C= C= 0-4 H o tj 0 10, N I I N n H k -U 5 00 1? Wd 0 - 88V GOR 03 A 1 -10 3 U -1 11NMA 0 j - gim a "L 10 03 A I -3i 3 3 IJ 0-<n CC) 2t, 0 i- 17- oJ r10 CD NOTICE INVITING SEALED BIDS for CC-1304 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on April 8, 2008, at which time bids will be opened publicly and read aloud in the Council Chambers for the Safe Routes to School Program, Cycle VI (In the vicinity of Newland Elementary School) - CC-1304 in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting March 13, 2008 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $50.00, sales tax included, if picked up or $60.00 if mailed (bidder shall pay additional costs for special delivery). Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 4th day of September 2007, by RESOLUTION 2007-55. Joan L. Flynn City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 CC-1304 Fe"ECITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 1 90 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan L. Flynn To: Citv Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: March 6, 2008 Project/C.C. No.: C.C. No. 1304 Regarding: Safe Routes to School. Cycle VI - Newland ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # I Copies I Pages Description 1 1 1 Notice Inviting Sealed Bids for CC-1304 2 Safe Routes to School Program, Cycle VI -In the vicinity of Newland School 3 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2007-55 (adopted on September 4, 2007), the City Council authorized the advertisement of the above Safe Routes to School Project. Please find attached the Notice Inviting Sealed Bids for advertisement on 3/13/08, 3/20/08, 3/27/08 & 4/3/08. The bid opening is scheduled for 4/8/08. Please contact me at 374-1628 with any questions you may have. c: file By: William R Janusz, ipal Civil EngiqAIK G:\CONSTRUCTION CONTRACTS (CCS)\CC1304\NISB TRANSMITALTo CLERK-CC-1304.DOC CC- 13 04 Safe Routes to School Cycle i. pity ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 16, 2008 Allied e Corp. 30 Corporate Park Ste. 110 Irvine, CA 92606 RE: CC-1304 — Safe Routes to School — Cycle 6 Enclosed please find your original bid bond for CC-1304. Sincerely, X Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister Cit POMYff PP W/6e AVergo New Zealand (Telephone: 714-536-5227 ) ode CITY LI,- Hu��rr G�"ToP4 " 4 ��� SECTION C PROPOSAL for the Safe Routes to School, Cycle VI In the vicinity of Newland Elementary School C.C. No. 1304 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 therefore, 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 55 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. � �44 Accompanying this proposal of bid, fi di id . in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature � o ' C-2 SECTION C PROJECT BID SCHEDULE SAFE ROUTES TO SCHOOL, CYCLE V- NEWLAND SCHOOL C.C. No. 1304 PROJECT BID: TOTAL AMOUNT BID IN FIGURES: C-2.1 01) 00 Project Bid Schedule Safe Routes to School — Cycle VI (Newland Elementary School) CC-1304 Item No: Quantify With terif" Written ihvo'f' s�'.,- -5,Amount U, U Ext, end I I L.S. Mobilization. @ 4/(-�� $ $ Per L.S. .1 2 1 L.S. ConstrqajoMSgpvey. @- I AO Per L.S. $ Ok 3 1 L.S. Preservation. Monument I&W47, 2yzw ale $ 4 1 L.S. Per L.S. Furnish Project Traffic Control. 5 1 L.S. Per L.S. Install Traffic Signal at Yorktown Avenue and Windward Lane. A)� $ 6 1 L.S. Per L.S. Traffic Striping and Signing $ $ Pe f ffl- 7 55 EA. Construct Curb Ramp Including Adjacent Gutter Plate per Caltrans Standard Plan No. A88A & $ A88B_,and AC P avi g Replacement. 6h4 "A NWEA. 8 162 Sq. Ft. Const ct Side Standard Plan 207. Xt OL- $1 $ 9 7 LF Per Sq. Ft. Construct Curb and Gutter per City Standard Plan 08W 10 72 LF $ $ Per L.F. Furnish and Install Metal Hand Railing (Type B) per Standard Plans For Public Works Constructipp( P. a Bard Plan 606-2. �Per L.F. C-2.2 Project Bid Schedule Safe Routes to School — Cycle VI (Newland Elementary School) CC-1304 Item No. Estimated ` Quantity , ;Item With Unit Price Written in Words Unit Price Extended Amount 11 4 EA. Install Radar Feedback Sign, Including Founda ion.(Type, IA Poles are City Furnished). @ $ - 7', ac 6 t Per EA. 12 3 EA. Construct New 30' Tree Well (Includes Adjacent Sivalk and Concrete Removal) $ $% Per EA. 13 3 EA. Remove Tree and Grind 24" Below Surface $ LOW $24000 Per EA. 14 6 EA. Furnish and Plant New 24" Box Tree (See Appendix, Project Tree Species Palette) $ $ 6 ow nKP-'(�ious�lm s�tic.u'te� Per EA. 15 1 L.S. 90 Day Plant Establishment and One year Maintenance @ FIVIE-041p2w POLL -ARILS $ ;5po.00 $ OW.00 Per L.S. Note: The City will provide the traffic signal controller and service cabinet, all signal poles, mast arms, luminaries, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 375-5015. C-23 FIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and (� business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange b eing first duly sworn, deposes and says that he or she is of 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 - BONNIE ROGERS ID ignature of Bidder W` COMM ... 1737664 n - NOTARY PUBLIC-CALIFORNIA i U a ... ORANGE COUNTY � o �. My Term Exp. April 8, 2011 Address o Bidder C Subscribed and sworn to before me this -5 day of , 20 0 ?. NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Safe Routes to School, Cycle VI —CC 1304, (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:#_�k Contractor By Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERT'IFICAT'E 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: A 6 41-1-IF-v 5_ Cb Contractor Awlw By Title C-7 BIDDER certifies that the following information is true and correct: Bidder Name 30 00 Ito Business Address AV4N 2 GA- SAMtP City, State Zip (qqq ) `7Jq---9aY- I Telephone Number (QP—) 1 36-?(.> Ai3(Z-4 State Contractor's Li ense No. and Class i_j�Ct Original Date 121102 Expiration Date The work site was inspected by hnje!Nb§tM& of our office on 3 3 0 , 206.� The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth: L14A2 ,- Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this c3 day of 200 g� BONNIE ROCERS COMM ... 1737664 a NOTARY PUBLIC-CALIFORNIA m ORANGE COUNTY My Term Exp. April B, 2011 NOTARY PUBLIC c U 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: r 1. Ck �-��11 Q1' �i.(i�---i h��J1'D N - 1�,cv� � � � , N � Name and Address of Public Agency Name and Telephone No. of Project Manager: eW -Ah (U, — G' ► ) R,3(ta Sd^i t IN �f r tom© moo, oo o '�LMA - r Contract Amount Type of )Vork`-P4<y-f:�Ci 4t,1t1"t'" Date Completed Name and Address of Public Agency gjvt4 J Name and Telephone No. of Project Manager: cS�,�► L Contract Amount Type of Work Date Completed Name and Address of Public Agency Q17/(_0 Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 (For federally funded projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: L,00W7 ie . Cb&,Q Contact Person: , d/1 gh2e?# / Contact Phone: Signed: ' Date: '�� *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment C g 'r (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE APART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder_ .4I-L-/AD to • ��4 , proposed subcontractor/� , hereby certifies that he has has not_, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering `agency or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Page 12-79 LPP 01-04 March 15, 2001 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment G DISCLOSURE OF LOBBYING ACTIVITIES COMPT.FTF, T14TS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. a. contract W] b. grant c, cooperative agreement d. loan e, loan guarantee f. 1 an insurance 4. N me and Address of Reporting Entity s of Federal Action: a. bid/offer/application b. initial award c. post -award Prime Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: 3. Report Type: Fla. initial b. material change For Material Change Only: year quarter_ date of last report 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known - 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: 10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. I Oa) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11 12. 14. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ actual planned a. retainer b. one-time fee Form of Payment (check all that apply): c. commission 8 a, cash d. contingent fee b. in -kind; specify: nature e deferred value LJ f, other, specify Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes1:1 No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: -A 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any Title: `� —" person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Telephone No.: 4" 1- t It'd Date: Federal Use Only: J[an=Cl roan L1,1, tcev. VY-IL-Y/ Authorized for Local Reproduction Standard Form - LLL - - Page 12-87 LPP 01-04 March 15, 2001 EXHIBIT 12-E Local Assistance Procedures Manual Attachment G PS&E Checklist Instructions INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. Page 12-88 March 15, 2001 LPP 01-04 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment G 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev.06-04-90eENDIF. t J Page 12-89 LPP 01-04 March 15, 2001 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Safe Routes to School, Cycle VI — CC 1304 March 27, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: 1) CROSSWALK DETAIL AT MAGNOLIA STREET AND PIONEER DRIVE. The crosswalk shall be white thermoplastic with white 12" wide longitudinal thermoplastic lines spaced at 4' on center per the attached detail. This is to acknowledge receipt and review of Addendum Number One, dated March 27, 2008. Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at (714) 536-5431. BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 KNOWN ALL BY THESE PRESENTS, That we, ALLIED E CORP., as Principal, and Travelers Casualty and Surety Company of America, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, as Obligee, in the sum of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars ($10%) for the payment of which we bind ourselves, and our successors and assigns, jointly and severally, as provided herein. WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a contract for SAFE ROUTES TO SCHOOL, CYCLE VI NEWLAND ELEMENTARY SCHOOL ("Project"). NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid, and Principal enters into a contract with Obligee in conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise Principal and Surety will pay to Obligee the difference between the amount of Principal's bid and the amount for which Obligee shall in good faith contract with another person or entity to perform the work covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed the penal sum of this bond. Signed this 7TH day of APRIL, 2008. ALLIED E CORP. (Principal) By: Travelers Casualty and Surety Company of America By: DWIGHT REILLY, Attorney -in -Fact State of California County of ORANGE On APRIL 7, 2008 ACKNOWLEDGMENT before me, SUSAN PUGH, NOTARY PUBLIC (insert name and title of the officer) personally appeared DWIGHT REILLY who proved to me on the basis of satisfactory evidence to be the person(k) whose name(,V) is/we subscribed to the within instrument and acknowledged to me that he%btrxecuted the same in his/boo# rithorized capacity(, and that by his/banlWcfgnature(X) 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. SUSAN PUGw Commission # 1734680 :-� �° Notary Public - California z zOrange County ' My Comm. F.�ires Mar 28, 2011 Signature (Seal) SUSAN PUGH TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 217005 Certificate No-0 0 1 7 2 5 3 9 7 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Dwight Reilly, Hal Dueck, and Kathleen Maas of the City of Anaheim Hills , State of California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESSIWHEREOF, the Compani s0have caused this instrument to be signed and them corporate seals to be hereto affixed, this day of y Farmington Casualty Company Fidelity and Guaranty, Insurance Company - Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 5th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company G i.S U,� st>�if- ••F1RF 6��h ! �,11 �N �'pj �NSy'+••,, p tV ANp °� $Uq TY O � po PZ J C'p RFORA�F�y :W;Gp0.PORATfy�1^ t � "`�� �F a 1951 mfO 3, ° �:.SEAL,Aor e SE ILL �"""�^,„"`E'`6 �IS.. ANC! \ :rs�........ State of Connecticut City of Hartford ss. By: Georg ' Thompson, U., ice President On this the 5th day of July 2007 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duty authorized officer. eg* In Witness Whereof, I hereunto set my hand and official seal.%My Commission expires the 30th day of June, 2011. Marie C. Tetreault, Notary Public 58440-8-06 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER City ®f Huntington Beach 2000 Main Street a Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 16, 2008 Damon Construction Co. 8851 Watson St. Cypress, CA 90630 RE: CC-1304 — Safe Routes to School — Cycle 6 Enclosed please find your original bid bond for CC-1304. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe enclosure Sister Ci�ie$�Ioi�a�tac�anreuabt°a`Cere, New Zealand (Telephone: 714-536-5227 ) DAMMCONST CO. 8851WATSON STREET CYPRESS, CA 96630-2243 PHONE: (714) 995-5490 FAX: (714) 995-5707, STATE CONTRACTORS LIC. #280598A Y c" r jjuHvitbG'[W'i SECTION C PROPOSAL for the Safe Routes to School, Cycle VI In the vicinity of Newland Elementary School C.C. No. 1304 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL. OF HHUNTINGTON 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 therefore, 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 55 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. l o?"'?, Accompanying this proposal of bid, find8%voejzs tin 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 Ni nature C-2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Safe Routes to School, Cycle VI — CC 1304 March 27, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: 1) CROSSWALK DETAIL AT MAGNOLIA STREET AND PIONEER DRIVE. The crosswalk shall be white thermoplastic with white 12" wide longitudinal thermoplastic lines spaced at 4' on center per the attached detail. This is to acknowledge receipt and review of Addendum Number One, dated March 27, 2008. - !Q0 Company Name By M�� t ''� t Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at (714) 536-5431. SECTION C PROJECT BID SCHEDULE SAFE ROUTES TO SCHOOL, CYCLE V- NEWLAND SCHOOL C.C. No. 1304 PROJECT BID: TOTAL AMOUNT BID IN FIGURES: TOTAL AMOUNT BID IN WORDS: $ y0 `l ? l %. 0, C-2.1 o llo rg Project Bid Schedule 2 1 L. S. Construction Survey. 0 4 1 L.S. Furnish Project Traffic Control. ,000 00 5 1 L. S. Install Traffic Signal at Yorktown Avenue and Windward Lane. $ l0q, q37. $ 10% qTZ, 6 7 1 L.S. 5 5 EA. Traffic Striping and Signing. Ix Construct Curb Ramp Including Adjacent Gutter 00 0 A88B and AC Paving Replacement. 8 162 Sq. Ft. Per EA. Construct Sidewalk per City Standard Plan 207. 9 7 LF Construct Curb and Gutter per City Standard Plan 00 0 10 72 LF Furnish and Install Metal Hand Railing (Type B) per Standard Plans For Public Works 00 s 7o. $ Ls YO. 00 Construction (A.P.W.A.) Standard Plan 606-2. Project Bid Schedule Safe Routes to School — Cycle VI (Newland Elementary School) CC-1304 Item Estimated Item W1th Umt Price Wrtten'm Words Unit Price Extended 'No.: uahtitYl OUR 11 4 EA. Install Radar Feedback Sign, Including Foundation. (Type IA Poles are City Furnished). $ /0. °O $ @ &0;WG THpuSA"Q 8.TQ. T NuWO&SID Per EA. 12 3 EA. Construct New 30' Tree Well (Includes Adjacent Sidewalk and Concrete Removal) $ 1.1 SO. °1 $ 3, N.S'0. 0,0 @ c»ta r4oc sasjo c>wa FIFTY Per EA. 13 3 EA. Remove Tree and Grind 24" Below Surface ►.,xara uurL�n SzxTY CJ['u� $ gbr o° ®o $ Per EA. 14 6 EA. Furnish and Plant New 24" Box Tree (See Appendix, Project Tree Species Palette) $ 600. ao $ 30 4 00ce @ !S= Hu�/lre{J Per EA. 15 1 L.S. 90 Day Plant Establishment and One year Maintenance $ A 7 9: oo $— A., 7 9S _ 0 0 @S O T-lovSANO 56v� w �udR.�V wMISM Per L.S. Note: The City will provide the traffic signal controller and service cabinet, all signal poles, mast arms, luminaries, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 375-5015. 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 and the portion of the work to be done by such subcontractor. Portion ef Work Name and Address of Subcontractor State License Number Class TZes a-t3 CMe I-AaJO S� v6YT ,TtaG 414 W.6cK440PE Sr. o C Lsy�/ Io T%VLa-Y coµ o $/ C' LGC7dLrAve, TO#v c-A S 5 11 bo G93 /c-7 TTV4 13 14 iS ST6vG WS T kee ®X pegLls A670 v ADeAJ c A 6,5-S Aoq Zr�e,as Sal 1 1~x sc a=wY s coliPANY, rL,G 0 o? G AS-t GAPW6Y. aAL WTN3 PAILK C4 161.111 AJ a, c- IV T.-tra" 6 0IIk%_)4V3 cou►rm STXX $Na serJOATC& 1 RS w• P3:XL6Y ST o1L �\, CA 3 4 6b 9S' By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Ryi- .a , being first duly sworn, deposes and says that he or she is t�RES1I�ENT of :DA(.%oN CcNST Co. 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. MAmnt-! Cc' W ST C.S. . Name of Bidder E�SI U1J�-rs�a�c.C�cpa�ss.�,.g���o Address of Bidder Subscribed and sworn to before me this day of , 20 - � t'� c'q 0't kid � vrcq - NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA JURAT immmameaeammammamaamaaaaaeaamaammemmaaamaamaaaaaammaaaaamamaaaaaamaaaeeaa State of California County of Orange____} ss. Subscribed and sworn to (or affirmed) before me on this 31st day of March , 2008 , by MARGARET ANN RULLO , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. �®0000e000eoo�ooe.m000000e0000asoo®.®® MARIA MARCELINA A. GODINHO COMM. #1550552 NOTARY PUBLIC - CALIFORNIA C ® ORANGE COUNTY My Comm. Expires Feb. 6, 2009 ® n �eosoeooee000eooeoeeoosoeoe00000000000 Signatire of typtary Iseal I V iemamamaeamamammaaemmammaaamamaaamammmmmammmmamaaamaammaamamaaaaammmmmamm OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer Check here if no thumbprint or fingerprint is available. ,r .,,.-..a .APSTale <,3;.i , ,..,. k.. 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 Safe Routes to School, Cycle VI —CC 1304, (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®1�?s--®e) MAmoW c_d>i0 . (2e . Contractor Title C-5 DISQUALIFICATION QUESTIONNAIRE ^�E In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes tM 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: L% --a -dIB Contractor Title e �� C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name E36S 1 WP,- 'sosv GM Business Address C-ypp,aSS�, CA. 9cOe=,3o City, State Zip (`71!}) 94 5-- 5 �f90 Telephone Number asc)SSS 6 State Contractor's License No. and Class EfA t9GS9 Original Date Issued AiPRl L_ a © 2L-,n1 <:5 Expiration Date The work site was inspected by L-u i S U of our office on — 1— , 2066 The following are persons, firms, and corporations having a principal interest in this proposal: ►�C- t�"C-' Div (V "PL.;t_--L^ f R,e-.s t T>EN -r t"Pi4 t u_t f> AN Ft PE -- .S EC • /'T"REIS C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work, and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Printed or Typed Signature P R&S% b ENT Subscribed and sworn to before me this day of , 200_ . _ g W 0_�aad o 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: {�- LSE SE SEE �PCCTiP��k4E� t .I Fir RE�C L-185 2. 3. Name and Address of Public Agency 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-10 CALIFORNIA JURAT iesnem��e���e���o���aa�0o®nee■er��ame����■■eee�oass�eeo®om®oronee®ea�ee®■ State of California County of Orangg___j ss. Subscribed and sworn to (or affirmed) before me on this 31st day of March , 2008 , by MARGARET ANN RULLO , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. MARIA MARCELINA A. GODINHO ®, COMM. #1550552 s ••�; 9 NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY Z My Comm. Expires Feb. 6, 2009 � V Signature of No ry (Seal iaeoo®■ee��e®mmm®®u®®e®mmoenn®o®■e0os■o®®oo®®om0®m�oe®®®oeare®m�eammoo®®■ OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer Check here if no thumbprint or fingerprint is available. A'`stc _ ,Notary ¢Pre,p;,,-mti r':, .:nc.. 16C. £yS4>,rVi_,84t 56 ' si (For federally funded projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury; certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: 2D6MC�& s C.© C—O. Contact Person: I\A^ c-. +.F T -A+JN i�uut� — tp�S Contact Phone: 71 IRRS - S 41R O Signed: Date: —8 --OS *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 J Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment C (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH AREA PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder 3>AMoN c=>K%si- 0-An. , proposed subcontractor , hereby certifies that he has, has not—, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Page 12-79 LPP 01-04 March 15, 2001 Federal Use Only: Assistance Procedures Manual Checklist Instructions EXHIBIT 12-E Attachment G DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. a of Federal Action: 2. Status of Federal Action: 3. Report Type: Fla. c tract Fla. bid/offer/application Fla. initial b. b. initial award b. material change c, coop ative agreement c. post -award d. loan e. loan gua tee f. loan ins ce 4. Name and Ad ess of Reporting Entity Prime Subawardee Tier if known Congressional District, if own 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) For Material Change Only: year quarter_ date of last report 5. If R orting n i . 4 is Subawardee, e i �n ame ddress of Prime: Congressional District, if kn 7. Federal Program Name/ scnption: CFDA NumberZf plical 9. Award Amounown: b. Indiv' uals Performing Services (including add ss if different from No. I Oa) ( st name, first name, MI) /ap h Continuation et(s) if necessary) 11. Amount of Payment (cheapply) 1 Type of Payment (check all that apply) S El actplanne a. retainer b. one-time fee 12. Form of Payment (check ly) c. commission a. cashd. contingent fee b. in -kind; specifydeferred f. ther, specify 14. Brief Description of Servmed or to be performed and Date( of Service, including officer(s), employee(s), or) contacted, for Payment Indicated i Item 11: (attach Continuation Sheet(s) if necessary) 15. C/This on S et(s) attached: Yes No El 16. Inforu ted through this form is authorized by Title 31 Un 1352. This disclosure of lobbying reliance Signature: was he tier above when his transaction was made or enteris disclosure is required pursuant to 31 U.S.C. print Name: 1352rmation will be reported to Congress semid will beavailable for public inspection. Any person who fails to file the required disclosure shall be subject Title: to a civil penalty of not less than S 10,000 and not more than S100,000 for each such failure. Telephone No.: Authorized for Local Reproduction Standard Form - LLL Standard Form LLL Rev. 09-12-97 Page 12-87 LPP 01-04 March 15, 2001 EXHIBIT 12-E Local Assistance Procedures Manual Attachment G PS&E Checklist Instructions INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. Page 12-88 March 15, 2001 LPP 01-04 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment G 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev.06-04-90aENDM? Page 12-89 LPP 01-04 March 15, 2001 8851 WATSON STREET - CYPRESS, CA 90630-2243 (714) 995-5490 - FAX (714) 995-5707 PROJECT REFERENCES PUBLIC AGENCIES City of Alhambra Frances Moore (626) 570-5090 City of Arcadia Mark Rynkiewicz (626) 256-6552 City of Bell. Carlos Alvarado (626) 960-1889 City of Brea Brian Ingallinera (714) 990-7600 City of Cerritos Mary Ann Wozniak (562) 860-0311 City of Commerce Martha Gomez (323) 722-4805 City of Costa Mesa Carlos Castellanos (714) 754-5343 City of Cudahy Carlos Alvarado (626) 960-1889 City of Cypress Jim Gorin (714) 229-6748 City of Downey Jim Bautista (562) 904-7117 City of El Segundo Paul Bowen (310) 524-2356 City of Hermosa Beach Tristan Malabanan (310) 318-0228 City of Huntington Beach David Verone (714) 375-8471 City of Inglewood Teresa Kneedler (310) 412-5333 City of Irvine Judy Morse (949) 724-7664 City of Long Beach Sadie Tuaa (562) 570-6537 City of Lynwood Antonio Perez (310) 603-0220 City of Maywood Lissette Calleros (323) 562-5700 City of Montebello Robert King (323) 887-1200 City of Newport Beach Frank Tran (949) 644-3311 City of Orange Alan Truong (714) 744-5568 City of Pasadena David Ortega (626) 744-6912 City of Pico Rivera Romeo Ligason (562) 801-4421 City of Santa Ana William Albright (714) 647-5029 City of Santa Monica Monica Diaz (310)458-2205 City of Thousand Oaks Jocelyn Bylsma (805)449-2456 City of Torrance Sue Herbers (310) 781-7532 City of Vernon Max (323) 583-8811 ex. 221 City of Whittier David Mochizuki (562) 464-3510 City of Yorba Linda Mark Stowell (714) 961-7170 City of Whittier David Mochizuki (562) 464-3510 City of Yorba Linda Mark Stowell (714) 961-7170 County of Orange Lori Hanson (714) 567-6257 Dept of Parks & Recreation Robert Scholfiel_d (949) 496-1866 L.A. Unified School Dist. Maria Martinez (213) 241-2702 O. C. T. A. Sarah Strader (714) 560-5633 Palos Verdes Peninsula USD Lora Dodell (310) 378-9966 ex.227 PRIVATE FIRMS Amoroso Construction Valerie Frahm (714)433-2326 ARB Structures Debbie Esparza (949) 599-9242 Archstone — Smith CJ Wiemann (949) 455-4500 Bemards Bros. Paul Richardson (949) 461-3650 Bomel Construction Elizabeth Marin (714) 279-3224 Robert Castognia Don Perea (562) 803-3328 CT&F Manny Rosales (562) 927-2339 R.J. Daum Const. Mark Perong (714) 894-4300 Del Amo Construction Roy Northup (310) 378-6203 Dynalectric Therese Jelnick (714) 484-2305 Excel Paving Co. Curt Brown (562) 599-5841 Eastside LRT Const. Al Guerrero (323) 980-2544 J. Fletcher Creamer & Son, Inc. Patty Padilla (818) 367-9748 GCI Construction, Inc. Janet Russell (714) 957-0233 Hathaway Dinwiddie Kip Drabeck (213) 236-0500 Hemel -Phelps Construction Ken Ketchum (949) 852-0111 Imperial Paving Co. Irene Gomez (562) 944-0975 Kemp Bros., Inc. Pegi Early (562) 236-5000 Keiter Corporation Bonch Nagata (323) 266-6302 Laird Construction Terri Duval (909) 989-5595 H. A. Lewis Inc. Herbert Lewis (310) 478-1511 McCarthy James Metoyer .(949) 851-8383 Majich Bros. Paul Majich (626) 398-9992 John T. Malloy Inc. Justin Malloy (323) 780-9942 John S. Meek Company Bill Gomory (714) 830-6323 C.C. Myers Tracey Carlson (916) 635-9370 R.J. Noble Co. Jennifer De Iongh (714) 637-1550 W.E. O'Neil Construction Jim Surdyk (310) 643-7900 PCL Construction Services Paulin Cook (213) 614-0481 Peck/Jones Construction Dan Dagert (310) 423-3964 T. T. Polich Associates Donald Kral (714) 835-4612 Powell Constructors Paul Zolezzi (909) 356-9880 Hensel Phelps Construction Clint Squire (714) 938-3300 Premier Stamp Concrete Dominick Ingraffic (909) 865-3362 Mike Prlich & Sons, Inc. Pete Serdarusich (323) 283-7852 Ryco Construction Tycanne Arceri (310) 324-1151 Sema Constriction Micaiah Revero (949) 470-0500 Shawnan Corporation Jenifer Soliz (562) 803-9977 J.F. Shea Const. Jack Herrington (909) 595-4397 St. Cornelius Church Ted Brodeur (562) 425-7813 Steiny and Co. Robert Hernandez (626) 338-9923 Swinerton Builder. Kevin Hermreck (949 )622-7000 TG Construction Ed Wright (310) 640-0220 Taisei Corp. Carolyn Carpenter (714) 886-1530 Thomsen Landscape Merle Thomsen (818 )344-0158 Ken Thompson Schalk Opperman (714) 995-1371 Trade Mark Concrete Yelena Westerfield (714) 970-8200 Trammel — Crow Bill Gertsner (310) 229-8919 Valleycrest Landscape Michelle Duran (818) 834-1000 Valverde Construction Chris Valverde (568) 906-1826 Weeger Bros. Inc. Mark Weeger (714) 536-3854 Western Paving Bill Miller (626) 338-7889 Howard S. Wright Construction Linda Madrigal (949) 567-1909 Woodcliff Corporation Omead Tabrizi (818) 784-8444 2 CONTRACT COMPLETION CONTRACTORIAGENCY PROJECT AMOUNT DATE CITY OF ORANGE ROLLING GREEN LANE -QUEENS GATEWAY 68,150.00 01105 PALOS VERDES PENINSULA USD ASPHALT & CONCRETE REPAIT (PH 1) 260,000.00 02/05 AMELCO CO. ADDITIONS TO BELL GARDENS, H.S. 643,000.00 04/05 CITY OF LONG BEACH ANNUAL CONTRACT R65-95 4,481,300.00 05/05 CITY OF INGLEWOOD ALLEY CONST. PROG 04-79 277,420.00 07/05 KAJIMA BONNIE AVE PARKING STRUCTURE 425,390.00 11/05 LAIRD CONSTRUCTION SIDEWALK RAMPS -RIVERSIDE 128,142.50 11/05 SWINERTON BUILDERS OCTA BUS PARKING STRUCTURE 410,825.00 11/05 WOODCLIFF BELMONT NEW PRIM CTR. 146,433.00 11/05 CITY OF HERMOSA BEACH CONCRETE IMPROVEMENTS 87,920.00 11/05 CITY OF WHITTIER CONCRETE IMPROVEMENTS 189,510.00 12/05 KEMP BROS. HUNTINGTON PARK E.S. 05-04 394,000.00 12/05 R.J. NOBLE CO. RESIDENTIAL ST.-FULLERTON 356,479.00 12/05 CITY OF PASADENA WASHINGTON POP -OUTS 570,752.50 12/05 R.J. DAUM CONST. LA SOUTWEST COLLEGE 256,138.00 12/05 EXCEL PAVING SOUTH ST.-ANAHEIM 114,730.00 01/06 TAISEI CONSTRUCTION DEL MAR STATION-PASADENA 153,320.00 01/06 DEL AMO CONSTRUCTION PACIFIC CHARTER-CRENSHAW, L.A. 140,232.00 02/06 CITY OF YORBA LINDA ACCESS RAMP IMPROVEMENTS 115,996.25 02/06 CITY OF SANTA ANA OMNIBUS CONCRETE REPLACEMENT 403,835.00 03/06 CITY OF MONTEBELLO SAFE ROUTE TO SCHOOL(SR2S) 229,688.00 03/06 CITY OF ALHAMBRA 2005 HUD CONCRETES/W REPAIR PROJECT 148,960.00 03/06 ROBERT CASTOGNIA STREET IMPROVEMENTS-TORRANCE 110,111.50 04/06 BERNARD BROS. SUNRISE ASSISTED LIVING -PLAYA VISTA 62,979.00 05/06 CITY OF TORRANCE CURB & GUTTER REPLACEMENT 1,082,441.00 05/06 CITY OF LYNWOOD S/W CURB & RAMP IMPROVEMENTS 247,240.00 05/06 BOMEL CONSTRUCTION CAL STATE FULLERTON PKG STRUCTURE II 154,710.00 05/06 R.J. DAUM CONST. ORANGE COUNTY JUVY HALL 233,067.50 05/06 DYNALECTRIC (35030) AZUSA AVE. / SAN GABRIEL RD. - COVINA & AZUSA 12,785.00 05/06 CITY OF CUDAHY CURB RAMPS -VARIOUS LOCATIONS 37,600.00 05/06 EXCEL PAVING CO. (4307) NEWPORT SHORES REHAB 322,510.00 06/06 CITY OF PICO RIVERA PROJECT 2007 WASHINGTON BLVD. 343,379.90 06/06 MAJICH BROS, INC. SEWER IMPROVEMENT -GARDEN GROVE 294,350.00 07/06 EXCEL PAVING (4205,4206 & 4207) CHARLES DREW MIDDLE SCHOOL 172,829.00 08/06 CITY OF LONG BEACH R-6666 THE ANNUAL CONTRACT 1,500,000.00 12/06 ARB STRUCTURES, INC. POINT NORTH ENTRY, WEST HILLS 105,304.00 11/06 CITY OF ARCADIA 05-'06 ANNUAL CONCRTE REPAIR 291.998.50 11/06 CITY OF CYPRESS CONCRETE IMPROVEMENTS 176,006.00 11/06 R.J. NOBLE CO.(91029) REHAB. OF ARTESIA BLVD.-BUENA PARK 64,860.00 11/06 CITY OF CUDAHY S/W REPLACEMENT - VARIOUS LOCATIONS 47,276.00 11/06 TG CONSTRUCTION 2120 AUTO CENTER DRIVE - GLENDORA 67,765.15 11/06 CITY OF MAYWOOD SIDEWALK RECONSTRUCTION 171,626.00 11/06 JOHN T. MALLOY, INC. MISC. PCC WORK - NEWPORT BEACH 51,693.00 11/06 CITY OF EL SEGUNDO ANNUAL CONTRACTO FOR CURB & SIDE WALK 92,386.00 11/06 STONY & COMPANY LACO-PACIFIC, LONG BEACH VAR CITIES LA COUNTY 25,000.00 12/05 SWINERTON BUILDERS CHOC PARKING STRUCTURE- ORANGE, CA 94,448.00 08/06 EXCEL PAVING (4314) MARQUEE TOWER-MICHELSON, IRVINE 130,719.00 06/07 GCI CONSTRUCTION INC. 226TH ST. EXT. & STORM DRAIN - HAWAIIAN GARDENS 161,150.00 10/06 T. T. POUCH ASSOCIATES CORBIN & MASON BRIDGES - LOS ANGELES 38,926.00 IN PROGRESS HATHAWAY DINWIDDIE AVENUE OF THE STARS - LOS ANGELES 879,523.00 09/07 COUNTY OF ORANGE ANNUAL PCC MAINTENANCE REPAIR 100,000.00 06/07 EXCEL PAVING CO. (4339) CITYWIDE LOCAL STREET PROGRAM - LONG BEACH 520,284.00 10/06 GCI CONSTRUCTION INC. ORANGE -OLIVE ROAD & HEIM - C/O ORANGE 45,675.00 11/06 ROBERT G. CASTONGIA, INC. 1-37 DOWNTOWN SEWER REPLACEMENT - TORRANCE 67,967.50 01/06 EXCEL PAVING CO. (4340) SLAUSON AVE.IMPROVEMENTS - PLAYA VISTA 201,482.00 12/06 EASTSIDE LRT CONSTRUCTION METRO GOLD LINE EXT. PROJECT - LOS ANGELES 1,225,751.50 IN PROGRESS CITY OF LYNWOOD 2005-2006 SIDEWALK IMPROVEMENTS 41,210.00 07/06 CITY OF VERNON CITY WIDE CONRETE REPAIR 125,200.00 IN PROGRESS OCTA CONCRETE PVMT. GARDEN GROVE & ANAHEIM BUS BASES 989,000.00 01/07 CITY OF IRVINE ANNUAL CONCRETE MAINTENANCE 208,702.00 06107 TRAMMEL - CROW CHEVIOT HILLS MEDIAN ISLANDS - LOS ANGELES 380,885.00 06/07 EXCEL PAVING CO. (4354) LA BREA AVE. STREET IMPROVEMENTS - HOLLYWOOD 18,900.00 07/06 Page 1 of 2 CONTRACT COMPLETION CONTRACTOR/AGENCY PROJECT, AMOUNT DATE SWINERTON BUILDERS KAISER MEDICAL OFFICE EXPANSION - GARDEN GROVE 125,782.00 07107 R. J. NOBLE DALE STREET REHABILITATION - BUENA PARK 9,881.25 09106 EXCEL PAVING CO. (4329) SUNSET BLV. MANDEVILLE CYN. RD - LOS ANGELES 104,379.50 10/07 PCL CONSTRUCTION THE MARKET @ 9TH & FLOWER - LOS ANGELES 289,498.00 06/07 MAJICH BROS, INC. GLENDALE 83,083.63 11/06 R. J. NOBLE COMPANY HARBOR BLVD. IMPROVEMENTS -ANAHEIM 38,020.00 04/07 ARB STRUCTURES, INC. 636 MAPLE AVE. MULTI -MODAL - LOS ANGELES 44,537.00 01/07 CITY OF LONG BEACH SECOND AMENDMENT SIDEWALK REPAIRS 2,500,000.00 IN PROGRESS R. J. NOBLE COMPANY BREA BLVD. IMPROVEMENTS 89,966.00 02/07 ARB STRUCTURES, INC. W. HILLS CORP POINT PARKING - WEST HILLS 70,015.00 06/07 CITY OF BELL SIDEWALK REPLACEMENT FY 2006-2007 60,428.50 04/07 ARCHSTONE - SMITH DEL MAR STATION OFF SIDE WORK - PASADENA 280,089.20 08/07 EXCEL PAVING CO. (4416) STIMSON AVE. ST. IMPROVEMENT - LA PUENTE 91,403.00 04/07 MIKE PRLICH & SONS, INC. STORM DRAIN IMPROVEMENT - ORANGE 19,717.50 03/07 EXCEL PAVING CO. (4419) PARKING STRUCTURE #2 - IRVINE 46,827.00 04/07 ARB STRUCTURES, INC. OLIVE STREET PARKING STRUCTURE - LOS ANGELES 50,111.00 07/07 CITY OF BREA CORSICAN VILLAS CURB ACCESS RAMPS 55,765.00 03/07 MCCARTHY VERMONT - MANCHESTER OFFICE BLDG. C/O LA 239,667.00 08/07 SWINERTON BUILDERS KAISER PALM COURT 1 C/O FONTANA 59,946.20 05/07 DYNALECTRIC ATSAC & TRAFFIC SIGNAL MOD. - SANTA MONICA 66,250.00 IN PROGRESS C.T. & F_ , INC. LA COUNTY DEPT. OF PUBLIC WORK - ARTESIA 65,088.85 12107 CITY OF INGLEWOOD 06-07 SIDEWALK, PREDESTRIAN RAMP & INTERSECTION 821,612.00 10/07 THOMSEN LANDSCAPE TRIANGLE ISLAND C/O LOS ANGELES 6,270.00 06/07 SWINERTON BUILDERS 505 CHAPMAN AVE. @ CHOC C/O ORANGE 89,807.00 09/07 KEITER CORPORATION SHERIDAN ELEMENTARY SCHOOL - LOS ANGLELES 36,000.00 IN PROGRESS SHAWNAN CORPORATION 2006/2007 SITE IMPROVEMENTS PORT OF L.A. 96.000.00 07/07 POWELL CONSTRUCTORS SUSAN ST. EXIT RAMP (07-06) - COSTA MESA 42,550.00 12/07 AMOROSO CONSTRUCTION EMERGENCY/POLICE & FIRE STA. OP. CTR.-LOS ANGLES 472,875.00 IN PROGRESS MIKE PRLICH & SONS, INC. WASHINGTON SIDEWALK @ HOPE ST. -LOS ANGELES 15,957.85 08/07 R.J. NOBLE COMPANY HARBOR BLVD., LA HARBA HEIGHT COUNTY OF L.A. 35,429.15 10/07 JOHN S. MEEK COMPANY TUJUNGA AVE. CITY OF LOS ANGELES 143,413.50 IN PROGRESS IMPERIAL PAVING CO. PHILADELPHIA ST. IMPROVEMENT C/O ONTARIO 33,502.50 07/07 EXCEL PAVING CO. (4370) ALAMEDA ST. N. SPRING ST. - LOS ANGELES 96,779.50 02/08 TRADEMARK CONCRETE FULLERTON COMMUNITY COLLEGE 33,828.00 09/07 WEEGER BROS. INC. MULTI - BLDG. ALISO & LINDA VISTA SCHOOLS 10,414.00 11/07 J. FLETCHER CREAMER & SON, INC. WATER REPLACEMENT - BEVERLY HILLS 32,835.00 12/07 CITY OF HUNTINGTON BEACH EDINGER AVE. PARKWAY IMPROVEMENTS 137,606.00 12/07 TRADEMARK CONCRETE CALIF. STATE UNIVERSITY - LOS ANGLES 17,420.00 10/07 COUNTY OF ORANGE PORTLAND CEMENT CONCRETE MAINTENANCE 100,000.00 IN PROGRESS EXCEL PAVING CO. (4486) LINCOLN WATERLINE @ BLUFF CREEK DRIVE 46,750.00 12/07 MIKE PRLICH & SONS, INC. JEFFERSON BLVD. & RODEO DR. - LOS ANGELES 14,005.75 10/07 CITY OF LOS ANGELES HOLLYWOOD MEDIA DISTRICT BUS STOP IMPROVEMENT 353,268.00 IN PROGRESS THOMSEN LANDSCAPE HIGHLAND MEDIAN ISLANDS C/O HOLLYWOOD 17,860.00 12/07 SHAWNAN CORPORATION PORT OF LOS ANGELES - T & M WORK AS NEEDED 30,000.00 IN PROGRESS R.J. DAUM CONTT. DOWNTOWN PARKING STRUCTUURE C/O COVINA 32,122.00 IN PROGRESS WESTERN PAVING DOLLY PAD IN DOWNTOWN - C/O LOS ANGELES 61,640.00 01/08 MIKE PRLICH & SONS, INC. 06-07 SANITARY SEWER UPGRADE C/O FULLERTON 17,250.00 IN PROGRESS TOMOVICH MEDIAN CURB ON FIGUEROA ST. - LOS ANGELES 4,345.00 01/08 CEDRO CONSTRUCTION, INC. BLOOMFIELD & ORANGE C/O HAWAIIAN GARDENS 15,311.50 02/08 CITY OF LAWNDALE CONCRETE IMPROVEMENTS PROJECT AREA 111 464,259.50 IN PROGRESS Page 2 of 2 n KNOW ALL MEN BY THESE PRESENTS, that we DAMON CONST. CO. as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 3033 Fifth Avenue Suite 300, San Diego, CA 92103, 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 SAFE ROUTES TO SCHOOL CYCLE VI IN THE VICINITY OF NEWLAND ELEMENTARY SCHOOL, C.C. NO. 1304 BID DATE: APRIL 8, 2008 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 28TH day of MARCH, 2008. DAMON CONST. CO. (Principal) BY: VVI G a �r SURETEC INSURANCE COMPANY BY: ki�� BROOKE FRE Z, Attorney -in -Fact SureTec Bid Bond Rev 1.1.06 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ieeeaeeeeeeeaeeeeaaaeeeeoaeaeaeeaeeeeeeoereeaaeaeseeeeeeeeeeemeeeee®ease® State of California County of ORANGE }.ss. On MARCH 28, 2008, before me, Maria Marcelina A. Godinho, Notary Public, personally appeared MARGARET ANN RULLO, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 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. o.o®®.@®•.�.• v...«�,►w+o.�.®.m►@..000® MARIA MAFCELINA A. GODINHO COMM. #1550552 Cn NOTARY PUBLIC - CALIFORNIA Om O ORANGE COUNTY e My Comm. Expires Feb. 6, 2009 0000000006o O@<S+rQs�00•D06`O@000000000000000 (Seal} ieeeaeeeeeseseeeeeaeeeeaeeeeeaeeseeeoaaaeeaeeeeeeeaeeeeaaaeeeee■eaaaaaama OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer Check here if no thumbprint or fingerprint is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On March 28, 2008 before me, Gladys D. Rogers, Notary Public personally appeared Brooke Lafrenz GLADYS D. ROGa-aERS Commission # 1537880 -a Notary Public - California San Diego County My Comm. E)Vres Dec 24, 2008 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 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 a tci al. Signature - / LIZ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying an the document and could preventfraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Surety Company Number of Pages: POA #; 510034 SureTcc InsuranceCompany TLIIVI TED POWER OF ATTORNEY .Know Alt Merl by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the taws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these pi-esents make, constitute and appoint Larry D. Cogdill, Michael W. Thomas, Brooke Lafrenz, Jeanette Seidl, Colette Chisholm of La Jolla, CA its ttue-aitd lawful Attorney(s)-in-fact, •with full power and authority hereby, conferred in its naive, dace 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, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds 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 Attorneys) -in -Fact may do in the premises. Said appointment shall continue in force until 10/31 /09 and is made under and by authority of the following resolutions of the Board, ofDirectoes,of'the SuieTec insurance Company Be it ltesofved, that the President, any Vice -President, any Assistant Vice-Preside�tt, 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: uarney in Fact may be given foil pcswer, afid authority for and in the name of and of :behalf of the Company, to execute, acknowledge and deliver; any and ali bonds, reccognizances, contracts, agreements or indemnity and othereonditiorW or obligatory undertakings and any and all notices and documents canceling or terminating the: Company's liability thereunder, and any, such instruments so 'executcd 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 ResoN?d that the signature of any, authorized offi= 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, Iggg.) In Witness RWereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this loth day of June, A.D. 2005. rKWTEC WURANCE COMPANY 1 x?p By: B-J. reside t State of Texas ss: 2- County of Harris _•r On this 20th day of June, A.D. 2005 before rite personally calve B.J. King, 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 Directorsof said Company; and that he signed his name thereto by like order. Michelle DeMy ate d TeXCB Cor�tlb�ott August 27' 200& Y r t im " be Michelle Deany, Notary P. tic My commission expires August 27, 2008 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 dava WCH 12008 , A.D. Brent Beaty, Xisistant Sec tary Any Instrument issued In excess of the penalty stated above is tltally void and without any validity. For verification of the authority of this power you may call (713) 81 2-0800 any business day between 8:00 am and 5:00 pm CST. City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK October 16, 2008 Elite Bobcat Service 1320 E. Sixth, Suite 100 Corona, CA 92879 RE: CC-1304 — Safe Routes to School — Cycle 6 Enclosed please find your original bid bond for CC-1304. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister G °sllo ejlF5aa�Tpt4u���'€'aCePe, New Zealand ( Telephone: 714-536-5227 ) JELITE BOBCAT SERVICE GENERAL ENGINEERING 1320 E. SIXTH, SUITE 100 • CORONA, CA 92879 Tel: (951) 279-6869 ® FAX: (951) 279-6832 City of Huntington Beach City Clerk 2000 Main St Huntington Beach, CA 92648 cv C- - CLCV OR Safe Routes to School, Cycle V1 C.C. No. 1304 SECTION C PROPOSAL for the Safe Routes to School, Cycle VI In the vicinity of Newland Elementary School C.C. No. 1304 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 therefore, 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 55 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-t 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. 1" of the Accompanying this proposal of bid, findBidder Is Bond in the amount of $ amount 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. Date Received idder's S' nature 1 03/27/2008 C-2 SECTION C PROJECT HID SCHEDULE SAFE ROUTES TO SCHOOL, CYCLE V- NEWLAND SCHOOL C.C. No. 1304 PROJECT BID: TOTAL AMOUNT BID IN FIGURES: (Z) $ � todo, oI C-2.1 Project Bid Schedule Safe Routes to School — Cycle VI (Newland Elementary School) CC-1304 Item Estimated 11Item With Unit Price Written in Words Unit Price Extended No. Quantity Amount 1 1 L.S. Mobilization._ �� b $ Q� Per L.S. 2 1 L.S. Construction Survey. @d.�l �1% $ 3 1 L.S. Per L.S. Monument reservation. 60 Per L.S. 4 1 L.S. Furnish Project Traffic Control. 00 Per L.S 5 1 L.S. Install Traffic Signal at Yorktown Avenue and Windward Lane. $ Per L.S. 6 1 L.S. Traffic Stri ing and Signing. vs Per L.S. 7 55 EA. Construct Curb Ramp Including Adjacent Gutter Plate per Caltrans Standard Plan No. A88A &l78 AA88B and AC Paving p aceme/k,, A pD // ���• �1,� 8 162 Sq. Ft. Per EA. on truct Sidewalk per City Standard Pla 207. O_Vtpp 4� Per S . Ft. 9 7 LF Construct Curb and Gutter per City Standard Plan 202. 0 $�5. 69 $ Per L.F. 10 72 LF Furnish and install Metal Hand Railing (Type B) per Standard Plans For Public Works Construction (A.P.W.A. Standard Plan�606-2. Per L.F. C-2.2 Project Bid Schedule Safe Routes to School — Cycle VI (Newland Elementary School) CC-1304 Item No. Estimated Quantity Item With Unit Price Written in Words Unit Price Extended Amount 11 4 EA. Install Radar Feedback Sign, Including Foundation.( vpe 1 A Poles are City Furnished). lh2e_ fiP4�Ke� �. U $9/00• $ 3ai Per EA. 12 3 EA. Construct New 30' Tree Well (Includes Adj ent Sidewalk and Concrete Removal) 9/r��-mil 4.rW /yln Per EA. $ 7�a oo D $ .Z56, 13 3 EA. Remove Tree and Grind " Below Surface Per EA. 14 15 6 EA. 1 L.S. Furnish and Plant New 24" Box Tree (See App dix, Project Tree Specie Palette) Per EA. 90 Day Plant Establishment and One year Ma' tenanc P S. �7 od $ / 7� o0 $ 7 DQ , $ 7/ 960' oD $ y9,�0, Note: The City will provide the traffic signal controller and service cabinet, all signal poles, mast arms, luminaries, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 375-5015. 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 and the portion of the work to be done by such subcontractor. Portion o Work Name and Address of Subcontractor State License Number Class a q:5o C,16 3 y 90 L. S s. ql / 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 State of California ss. County of Orange Joseph Nanci , being first duly sworn, deposes and says that he or she is President of Elite Bobcat Service, 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. Joseph Nanci Name of Bidder Signature of Bidder 1320 E 6th St #100, Corona, CA 92879 Address of Bidder Subscribed and sworn to before me this day of , 20 _ NOTARY PUBLIC C-a NOTARY SEAL UTILITY AGREEMENT ') HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Safe Routes to School, Cycle VI —CC 1304, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person ivho, by reason of experience or instruction, is familiar 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: 04/02/2008 C-5 Elite Bobcat Service, Inc. President Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 20 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: 04/02/2008 C-7 Elite Bobcat Service, Inc. President Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER j} (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Elite Bobcat Service, Inc. Bidder Name 1320 E 6th St #100 Business Address Corona City, ( 951 ) 279-6869 Telephone Number 720016A State Contractor's License No. and Class 03/1994 Original Date Issued 03/31/2010 Expiration Date The work site was inspected by Joe Nanci CA 92879 State Zip of our office on March 31 , 20 08 The following are persons, firms, and corporations having a principal interest in this proposal: Elite Bobcat Service, Inc. Joseph Nanci, President / Secretary / Treasurer / Manager M 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 �l accordance with the plans and specifications set forth. 1 Elite Bobcat Service, Inc. Company Name Signature of Bidder Joseph Nanci Printed or Typed Signature Subscribed and sworn to before me this _ day of , 200_ . 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, City of Fullerton 303 West Commonwealth, Fullerton, CA 92832 Name and Address of Public Agency Name and Telephone No. of Project Manager: Eric Villagracia (714) 738-6853 $209,190 Concrete & Asphalt 03/2008 Contract Amount Type of Work Date Completed 2. City of Lake Elsinore 130 South Main Street, Lake Elsinore, CA 92530 Name and Address of Public Agency Name and Telephone No. of Project Manager: David Soloman (951) 674-3124 $626,814.47 Street Improvements 01/2008 Contract Amount Type of Work Date Completed 3. City of Riverside 3900 Main Street, Riverside, CA 92522 Name and Address of Public Agency Name and Telephone No. of Project Manager: Sean Gill (951) 826-5892 $773,188 Street Improvements 11/2007 Contract Amount Type of Work Date Completed C-10 (For federally funded projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with J this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Elite Bobcat Service, Inc. Contact Person: Joseph Nanci Contact Phone: (951) 279-68 9 Signed: Date: 04/02/2008 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment C (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH AREA PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder Elite Bobcat Service, Inc. subcontractor proposed hereby certifies that he has�� has not_, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, [he Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering'agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. LPP 01-04 Page 12-79 March 15, 2001 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment G DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT -10 31 U.S.G. l3)2 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract ❑ a. bid/offer/application /fPrime: b. grant b. initial award al change cooperative agreement c. post -award d. an Fl Cha a Only: e. loa guarantee uaner^ f. loan i prance report 4. Name and dress of Reporting Entity S. If Reporting EntitySubawardee, Enter Name and Adime: Prime Subawardee Tier if known Congressional District, ifknowri & Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, I Congressio al District, if known 7. Federa rogram Name/Description: 4FDA Number, if applicable Award Amount, if known: b. I ividuals Performing Services (including addr s if different from No. I Oa) (last nalRe, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (ch k all that apply) 13. Type of Payment (\incl.di.6 S actual planned a. retainer b. one-time fe 12. Form of Paym t (check all that apply): c. commission a. ca d. contingent 8 b. ' -kind; specify: nature a deferred value f. other, speci ]4. Bri Description of Services Performed or to be performed and Date(5) of Sery tcer(s), employee(s), or member(s) contacted, for Payment Indicated in Item (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes11 No 16, Information requested through this form is authorized by Title 31 U.S.C. Section 1352, This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: Joseph Nanci 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any Title: president person who fails to file the required disclosure shall be subject to a civil penalty of not less than 510,000 and not more than S 100,000 for each such failure. TelephoneNo.: (951) 279-6869 Date: 04/02/08 Authorized for Local Reproduction Federal Use Only: Standard Form - LLL q—A—d Prim. t 11. Rev 09.17_97 LPP 01-04 Page 12-87 March 15, 2001 EXHIBIT 12-E Local Assistance Procedures Manual Attachment G PS&E Checklist Instructions INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow -tip report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item I (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. Page 12-88 March 15, 2001 LPP 01-04 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment G 0 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employees) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev.06-N-90aENDM, Page 12-89 LPP 01-04 March 15, 2001 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Safe Routes to School, Cycle VI — CC 1304 March 27, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: 1) CROSSWALK DETAIL AT MAGNOLIA STREET AND PIONEER DRIVE. The crosswalk shall be white thermoplastic with white 12" wide longitudinal thermoplastic lines spaced at 4' on center per the attached detail. This is to acknowledge receipt and review of Addendum Number One, dated March 27, 008. Elite Bobcat Service, Inc. � f"— U Company Name By 04/02/2008 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at (714) 536-5431. 15' 12" WIDE WHITE THERMOPLASTIC CROSSWALK WITH 12" WIDE LONGITUDINAL THERMOPLASTIC LINES SPACED AT 4' ON CENTER. LLJ w Ln Q O z C7 Q � Nrs CROSSWALK DETAIL AT MAGNOLIA ST. AND PIONEER DR. Fo lg CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 08739262 BondNo. ------ --------------------- ----- Fidelityd. Deposit Com"p"any an POST OFFICE BOX 1227 OF MARYLAND BALTIMORE, MD 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ___-____ Elite Bobcat Service, Inc. as Principal, (hereinafter called the "Principal'), and the FIDELITY AND DEPos[T COMPANY or MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation duty (organized under the laws of die State of Maryland, as Surety, (hereinafter called the "Surety"), are held and fumy bound unto ------ C_Y_ Of Huntington Beach 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. Safe Routes to School, Cycle VI WHEREAS, the Principal has submitted a bid for --------- —____----------------- ----- ------------- ---- ----- - ---------- --------- No. 1304 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 scaled this------------------ 2nd - -day of April A.D.,20 08 Elite Bobcat Service, Inc. (SEAL,) Z -------------------Principal WitnessB ----------------------��----------------- -- Tide FIDELITY AND DEPOSIT C PANY OF MARYLAND Surety ------------ ----- ------------------------------------------------------ --------- Maness BY - (SEAL) Aic --- ------------------- ard A. Coon Title C725f-50M. 7-92 Clam to America lnsti�.L& of ArcAs(mc Documcm A-310. Attorney —in —Fact Fcbm-Y 1970 FAidoo. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 04/02/08 before me, Lexie Sherwood, Notary Public Date Here Insert Name and Title of the Officer personally appeared Richard A. Coon Name(s) of Signer(s) LEXIE SHERWOOD COMM. ##1593951 9 (ac NOTARY PU3LiC a CALIFOMIA n ORANGE COUNTY omm. Exp. DULY 27, 2009 � 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 a d official s Signature Place Notary Seal Above Signa re o ary Flublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer=Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 - www.NationaiNotary.org Item N5907 Reorder: Call Toll -Free 1-800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date In e dds by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB + �n ie OOD, all of Anaheim, California, EACH its true and lawful agent and ma u d deliver, for, and on its behalf as surety, and as its act and deed: any an n xecution of such bonds or undertakings in pursuance of these prese $1 'I p in i as fully and amply, to all intents and purposes, as if they had been d ac n h gularly elected officers of the Company at its office in Baltimore, Md.,�p Per attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, C ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant ° s ereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-L s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: DEP04/ f0 O r � State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretan Bv. William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duty commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to he the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notan- Public My Commission Expires: July 14, 2011 POA-F 012-4150H State of California County of ' L'4z5 R , OnA!�r`\ Z'-Zs-i , before me, ,S� 1_�� , a notary public, personally appeared , Sk h , who proved to me on the basis of satisfactory evidence to 6 the personKw.hose name is subscribed t e within instrument and acknowledged to me t at eshrft+te�, executed the same in hi authorized capacityji&4 and that b his signature-Kon the instrument the persons or the entity upon behalf of which the person* sA acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. Signature (Seal) � 1��gNI c�A N. �Sg`C'O`,�G • G�J `�� C o�p City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK October 16, 2008 GMC Engineering, Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 RE: CC-1304 — Safe Routes to School — Cycle 6 Enclosed please find your original bid bond for CC-1304. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Citr��°1���'i"f'o� apan`�t "al�a�Ceae New Zealand ( Telephone: 714-536-5227 4PR -a PH 1: 4 2 J. c SECTION C PROPOSAL for the Safe Routes to School, Cycle VI In the vicinity of Newland Elementary School C.C. No. 1304 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 therefore, 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 55 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidder's Bond in the amount of $ 10% 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 Bidd is Signature 1 March 27 -2008 C-2 J F CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 A, 211116RIMN am Phone (714) 536-5431 Fax (7141 374-1573 Attention: F-1W16- gVAs Date: 3 --2 ;,z- o,P To: 6lgC c-AjA n1EC� kV / D AIIA.IE — AV9. „Sut—'�&PJ -7 uS-'`,A-/ Ga 9 ? ® We are sending you: ® By Mail ❑ By Fax Mail (Number of pages including this sheet:) ❑ We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Pick Up Plans Item # I Copies I Pages I Description 1 1 2 Addendum Number One- Safe Routes to School, Cycle VI - CC1304 2 3 4 5 6 7 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ® For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review/comment Remarks: CC: File ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ Other: Y: Ji scutia, Traffic Engineering Technicla GATRANSPORTATION DIvIS10N\EscunA\FORMS\TRANSMIT35.DOC City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Safe Routes to School, Cycle VI — CC 1304 March 27, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: 1) CROSSWALK DETAIL AT MAGNOLIA STREET AND PIONEER DRIVE. The crosswalk shall be white thermoplastic with white 12" wide longitudinal thermoplastic lines spaced at 4' on center per the attached detail. This is to acknowledge receipt and review of Addendum Number One, dated March 27, 2008. r GMC Engineering, Inc. A tL Company Name BY Gennady Chiz ik March 27, 2008 GMC Engine'effng Inc. Date U01 Wamer Avenue, Suite 6 Tustin, CA 92780 All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at (714) 536-5431. SECTION C PROJECT BID SCHEDULE SAFE ROUTES TO SCHOOL, CYCLE V- NEWLAND SCHOOL C.C. No. 1304 PROJECT BID: TOTAL AMOUNT BID IN FIGURES: TOTAL•WORDS C-2.1 Project Bid Schedule Safe Routes to School — Cycle VI (Newland Elementary School) CC-1304 Item No Estimated Quantity x tpr Item With U""' yv J, , 1WU 0Extended Amount I I L.S. Mobilization. eV94,fee-ll rl-ttw,5 Q,'4� V .g� Per L.S. sli 2 1 L.S. Construct 7 ?,Surve , AeewlyZeA Ae�,� 11 .1 4 Per L.S. $ $ SPOep , o 3 4 1 L. S. 1 L.S. Moxn t Preservation = P4� �� 474�7 Per L.S. Furnish Project Tr ffi Control. Z%. 2,A/ V2 , 00 - &IVC-Irt 41P Per L.S. $33-0,00 $ $ $ ale 5 1 L.S. Install Traffic Signal at Yorktown Avenue and Windward Lape. Per L.S. QQ 6 1 L.S. Traffic Striping and Signing. 'Per L.S. 7 8 9 55 EA. J 162 Sq. Ft. 7 LF Construct Curb Ramp Including Adjacent Gutter Plate per Caltrans Standard Plan No. A88A & A88B and AC Paving Replacern t. @,Zm 0 rx-Qo�-rir e- 4 Per EA. Construct Sidewalk��C* Standard Plan 207. Per Sq. Ft. Construct Curb and Gutter per City Standard Plan 202& Per L.F. $Z,T . $l o $ god" CO ,6 DD DO $ IF $ $ S 10 72 LF Furnish and Install Metal Hand Railing (Type B) per Standard Plans For Public Works Consl,ruction (A.P.W.A.) SlAndard Per L.F. $ $ C-2.2 Project Bid Schedule Safe Routes to School — Cycle VI (Newland Elementary School) CC-1304 Item No.QuantityAmount 11 EstimatedExtended 4 EA. ;Item With U Pace Written m W-- Install Radar Feedback Sign, Including Foundation.(Type IA Poles are CitFurnished). ,v 41`6161�: 2&D 12 13 3 EA. -H 3 EA. Per EA. Construct New 30' Tree Well (Includes Adjacent Sidewalk and Concrete Removal ) .91,e W --� k oc-tror C24-e:t2 Per EA. Remo e Tree and Grind 24" Below Surface $ Josr. 14 6 EA. Per A. ' J Furnish and Plant New 24" Box Tree (See Appendix, Project Tree Species 'Palette) OOC; Jr $ 15 1 L.S. R Iver EA. e-1 90 Day Plant Establishment and One year Maint nance iic_ Celt qe" $ 2� Per L.S.- Note: The City will provide the traffic signal controller and service cabinet, all signal poles, mast arms, luminaries, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 375-5015. 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 and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number FOIL-0 Of/ ot Z,S ' g. 9 / MARTINEZ CONCRETE INC. 920 West Foothill Blvd. Azuza, CA 91702 626-334-2979 Lic. # 394471C8 CONCRETE FLATwORK MACADEE ELECTRICAL ` ✓ 4755 Lanier Road Chino Hills, CA 91710 909-627-1336 Lie. # 583125 ELECTRICAL STAR LANDSCAPE & MAINT. 1300 Beechwood 4 & Fullerton, CA 92835 714-529-2.548 Lie. # 329274 C27 Landscape / Irrig. ORANGE COUNTY STRIPING SERVICE INC. 183 North Pixley Orange, CA 92668 / (� 714-639-4550 Lie. # 346095 C 32 JL SURVEYING 31206 Camino Lacouague San Juan Capistrano, CA 92675 949-493-7751 Li # LS5939 Land Surveying 'tLl By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID State of California ss. County of Orange 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 share 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. 1,401 Warner Avenue, Suite B Tustin, CA 92780 Subscribed and sworn to before me this SEE ATTACHED NOTARY PUBLIC _ GMC Engineering, Inc. Name of Bidder Signature of Bidder / GenVady Chizhik 1401 Warner Ave. Ste B, Tustin, Address of Bidder CA 92780 day of , 20 _ . NOTARY SEAL C-4 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Q e— On �ft l y� 900k before me, 1C-i-h.v k, PurN()_#N., A)o�u (Here insertname and titl ofthe officer) personally appeared CTe.N N Qi,v Ch i Z Ai K who proved to me on the basis of satisfactory evidence to be the person( whose name( is/*Ao-subscribed to the within instrument and acknowledged to me that he/4w4wy executed the same in hisAwf/lUe-if authorized capacity(,_- j, and that by his/kef-/t4eir signature(,e� on the instrument the person*, or the entity upon behalf of which the person44acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. :e� ./—' & (Notary Seal) Signatur �Public ------------- fir,..,•. % . , ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THEATTACHEDDOCUMENT NQrjcolluSoN►'o@ayt'f' ('Title or description of attached document) (Title or description of attached document continued) Numher of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Corporate Officer. Pies i d e,vft (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THiS FORM Any acknowledgment completed in Cali%rnia must contain verbiage exactly cis appears above in the notary section or a separate acknowledgment forin must be properly completed and attached to that document. The only excepuon is if a document is to he recorded outside of Calrfbrnia. In such instances, an alternative acknoiwledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal fin• a notary in Calfforma (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial hording 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 4e/she/fl4 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 Imes I1'seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment loan • 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 difl'crent 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 02 10.07 800-873-9865 www NotaryClasses.com UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Safe Routes to School, Cycle VI —CC 1304, (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: / 0� GMC Engineering Inc. 1401 Warner Avenue, Suite 8 Tustin, CA 92780 Contractor By Gennady Chizh'k Title President C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes M No If the answer is yes, explain the circumstances in the space provided. 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 T� 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. GMC Engineering Inc. U01 Warner Avenue, Suite 8 Tustin. CA 92780 Contractor 4A — By Gennady Chizhi Title President C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: GMC Engineering Inc. 1401 Warner Avenue, Suite 8 Tustin, CA 92780 Contractor By Gennady Chi hik Title Date: !le� PO President Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER certifies that the following information is true and correct: GMC Engineering Inc. 1401 Warner Avenue, Suite 8 Tustin, CA 92780 _GMC Engineering, Inc. Bidder Name 1401 Warner Avenue Suite B Business Address Tustin CA 92780 City, State Zip ( 71 4 ) 247-1 040 Telephone Number _739091 A, B State Contractor's License No. and Class May 11, 1997 Original Date Issued August 31,2008 Expiration Date The work site was inspected by Gennady chizhikof our office on March 25, , 20118 The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. GMC Engineering, Inc. Company Name Signature of Bidder Gennady Chizhik Printed or Typed Signature Subscribed and sworn to before me this _ day of , 200 SEE ATTACHED 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. SEE ATTACHE 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 AgXMager: Name and Telephone No. of Proj Contract Amount ZZ Type of Work Date Completed 3. NaXandelephone f Public Agency NaNo. of Project Manager: J21ontract Amount Type of Work Date Completed C-10 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On AIXI r y, 900t before me, KCX-4V �. S IAWLAOL , NO+w (Here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(4) whose name(.*) is/aae subscribed to the within instrument and acknowledged to me that he/she/tier executed the same in his//tom authorized capacity(+e@r), and that by hisAgeF/t signature(.on the instrument the person(4), or the entity upon behalf of which the person(.w) 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. v� _ Signature ((2T)Tnq Public hr�rlW�Ar CornmNtlon • 1 f0!l�di Notary pubft • Cowan" (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer ('title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Cahfornia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment,frrin must be properly completed and attached to that docutnew. The only exception is rf a document is to be recorded outside of California. In such instances. any ahernanre acknowledgment verbiage as inay be printed on such a document so long as the verbiage does not require the notary to do something that is illegalfin nr a notar'v in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this forin if required. • State and County information inust 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 Ibrins () e he/she/flee '- is /afe ) or circling the correct dorms 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 test 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.c CEO, CFO, Secretary) • Securely attach this document to the signed document 2008 Version CAPA v 12 1 U7 800-873-9865 www NotaryClasses.com GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 CONTRACTORS PROPOSAL REFERENCE LIST OWNER City of Anaheim ADDRESS 200 E. Anaheim Anaheim, CA 92807 OUR JOB# 194-05 CONTACT Dan Debasio PHONE (714) 765-5285 DESCRIPTION & CONTRACT AMOUNT State College Blvd / Ball Road Intersection Improvements $ 1,377,713.00 OUR JOB# 202-06 CONTACT Dan Debasio PHONE (714) 765-5285 DESCRIPTION & CONTRACT AMOUNT Lincoln Avenue Street Improvements $ 1,678,02&00 OUR JOB# 203-06 CONTACT Dan Debasio PHONE (714) 765-5285 DESCRIPTION & CONTRACT AMOUNT Harbor Blvd. / Ball Road Intersection Improvements $ 394,010.00 OUR JOB# 204-06 CONTACT Dan Debasio PHONE (714) 765-5285 DESCRIPTION & CONTRACT AMOUNT Lincoln Ave / Sunkist St. Intersection Improvements $ 421,003 00 OUR JOB# 206-06 CONTACT Keith Laster PHONE 714-231-8373 DESCRIPTION & CONTRACT AMOUNT State College Median & Landscape Improvements $ 1,687,843.50 OUR JOB# 209-07 CONTACT Keith Laster PHONE 714-231-8373 DESCRIPTION & CONTRACT AMOUNT Harbor Blvd. Roadway and Parkway Improvements $ 331,785.56 i OWNER City of Brea ADDRESS One Civic Center Circle, Brea, CA 92621 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 OUR JOB# 189-05 CONTACT Raul Using PE PHONE (714) 671-4450 DESCRIPTION & CONTRACT AMOUNT Lambert & Kraemer Intersection Improvemetns $ 287,506.00 OWNER City of Chino ADDRESS 13220 Central Avenue, Chnio CA 91710 OUR JOB# 165-03 CONTACT Naghmen Imani PHONE (909) 464-8367 DESCRIPTION & CONTRACT AMOUNT Mountain Ave Water Main $ 338,020.04 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 o Fax (714) 247-1041 GENERAL ENGINEERING CONTRACTOR ic. No. 739091 OWNER City of Colton ADDRESS 650 N. La Cadena Drive Colton, CA 92324-2897 OURJOB# 157-02 CONTACT Amer Jakher, PE PHONE (909) 370-5067 DESCRIPTION & CONTRACT AMOUNT Santa Ana River Project Area - Washington Street Medians $ 617,569.71 OURJOB# 172-03 CONTACT Victor Ortiz PHONE (909) 370-5065 DESCRIPTION & CONTRACT AMOUNT Valley Blvd. Median Improvements $ 351 ,437,60 OWNER City of Costa Mesa ADDRESS 77 Fair Drive, Costa Mesa, CA OURJOB# 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 OWNER City of Cypress ADDRESS 5275 Orange Ave, Cypress CA 90603 OURJOB# 164-02 CONTACT Kamran Dadbeh PE PHONE (714) 229-6756 DESCRIPTION & CONTRACT AMOUNT Ball Road Parkway Improvements $ 290,325.37 OWNER City of Downey ADDRESS 11111 Brookshire Ave Downey, CA 90241-7016 OURJOB# 162-02 & 162A-02 CONTACT Anthony La 'PHONE (562) 904-7118 DESCRIPTION & CONTRACT AMOUNT Paramount Gateway Streetscape $ 1,132,265,62 OURJOB# 205-06 CONTACT Jim Bautista PHONE (562) 904-7117 DESCRIPTION & CONTRACT AMOUNT Paramount Blvd. $ 394,771.00 OWNER City of Huntington Beach ADDRESS 2000 Main Street Huntington Beach, CA OURJOB# 190-05 CONTACT Eric Charlonne PHONE (714) 536-5430 DESCRIPTION & CONTRACT AMOUNT Adams & Brookhurst Intersection Improvements $ 434,974.00 OURJOB# 195-05 CONTACT Eric Charlonne PHONE (714) 536-5430 DESCRIPTION & CONTRACT AMOUNT Underhill Lane Improvements $ 577,577.50 OWNER City of Irvine ADDRESS One Civic Center Plaza Irvine, CA 92623-9575 OURJOB# 168-03 CONTACT Steve 011o PHONE (949) 724-7562 DESCRIPTION & CONTRACT JAMOUNT Harvard Blvd, Bike Trail $ 329,030,,%1 1401 Warner Avenue, Suite B, Tustin, California 92780 - (714) 247-1040 - Fax (714) 247-1041 GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 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 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 $ 525,467.27 OWNER City of Mission Viejo ADDRESS 200 Civic Center, Mission Viejo, CA 92691 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 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 OWNER City of Newport Beach ADDRESS 3300 Newport Blvd., Newport Beach, CA 92663 Our Job # 179-04 CONTACT Robert Stein P.E. PHONE (949) 644-3322 DESCRIPTION & CONTRACT AMOUNT Newport Blvd. / Balboa Blvd. Merger (Mixmaster) $ 273,625.75 Our Job # 211-07 CONTACT Andy Tran P.E. PHONE (949) 644-3315 DESCRIPTION & CONTRACT AMOUNT Superior Avenue Median Improvements $ 634,118 50 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 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 • Fax (714) 247-1041 GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 CONTRACTORS PROPOSAL REFERENCE LIST OWNER City of Riverside ADDRESS 3900 Main Street Riverside, CA 92522 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 OUR JOB# 176-04 CONTACT Juan Rojas PHONE (951) 826-5236 DESCRIPTION & CONTRACT AMOUNT Van Buren Blvd. Median Improvements $ 740,000.15 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 Arno Blvd. Traffic Signal and Interesection AMOUNT Improvements $ 336,84111 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# 197-05 CONTACT Jake Ngo PHONE (714) 898-3311 x 217 DESCRIPTION & CONTRACT AMOUNT Westminster Blvd. Median Improvements from Beach to Edwards $ 21100,000 00 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 OWNER City of Yorba Linda ADDRESS 4845 Casa Loma Ave POBox 87014, Yorba Linda, CA OUR JOB# 169-03 CONTACT Fernando Saldivar PHONE (714) 961-7170 DESCRIPTION & CONTRACT AMOUNT Yorba Linda Blvd. Median Improvements $ 556,270.26 OUR JOB# 207-07 CONTACT Mark Stowell PHONE 714-961-7172 DESCRIPTION & CONTRACT AMOUNT Esperanza Road Mitigation Project $ 4,137,990.00 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 • Fax (714) 247-1041 (For federally funded projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or X Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. GMC Engineering Inc, 1401 Warner Avenue, Suite 8 Contractor: GMC Engineering, Inc. Tustin. CA 92780 Contact Person: Gennady Chizhik - President Contact Phone: 71 4-247-1 040 Signed: Date: y *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment C g i (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH AREA PART OF THIS PROPOSAL) EQUAL, EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder G A` C -Lie. ,proposed subcontractor , hereby certifies that he has V has not_, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Page 12-79 LPP 01-04 March 15, 2001 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment G DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: Fla. contract R a. bid/offer/application ❑ a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity Prime Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action 10. a. Name and (If individi /Name/Description: Material Chan a Only: year er_ date of la eport 5. If ReNo. 4 ' Subawardee, Enteress Prime: Cont, if known - 7. edeme/Description: QFDA Number, if applicable Award Amount, if known: b. Individuals Performing Services (including VII) address if different from No. I Oa) (last name, first name, MI) (att ch Continuation Sheet(s) if necessary) 11. Amount of Payment (check all at apply) 13. Type of Payment (check all that apply) . $ actual planned a. retainer 12. Form of Payment 8 a. cash b. in -kind; 14. Brief Descrip officer(s), em b. one-time fee /(checall that apply): c. commission d. contingent fee nature e deferred value f. other, specify of Services Performed or to be performed and Date(s) of Service, including ee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Conti ation Sheet(s) attached: Yes1:1 No t 16. inform ion requested through this form is authorized by Title 31 U. C. Section 1352, This disclosure of lobbying reliance Signature: was laced by the tier above when his transaction was made or , en red into. This disclosure is required pursuant to 31 U.S.C.�/�/ Print Name: 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject Title: to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Telephone No.,/�7 Date: Federal Use Only: stanaarn rorm LLL KCV. vy-i L-V I Authorized for Local Reproduction Standard Form - LLL 01 Page 12-87 LPP 01-04 March 15, 2001 - v� EXHIBIT 12-E Local Assistance Procedures Manual Attachment G PS&E Checklist Instructions INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. I . Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier, Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. Page 12-88 March 15, 2001 LPP 01-04 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment G 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev.06-04-90eENDM» Page 12-89 LPP 01-04 March 15, 2001 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment G 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev.06-04-90,(ENDIF Page 12-89 LPP 01-04 March 15, 2001 p .......,.,,...ywu WlbAill 1 ll 1, a.ry i t' err 0 • : A N 3T 4"3 Omkila Avow NA 010 BOND KNOW ALL BY THESE PRESENTS, That we, GMC Engineering. Inc. Of 1401 Warner Avenue, Suite B, Tustin, CA 92780 (hereinafter caned the Prim IP0, as Frimcipa , and FIRST A MCE F AMERICA, i-TMki—tre, Wwhiagtan, a corporsfi5a duty orgmiz d trader the laces of the State of Waaltiugt— as Surety, hereinafter called the Surety, are bald and firmly bound unto the City of Huntington Beach —_ (llqeiMfttf celled the Oboggs) in the genai = o! Ten Percent of the Total Amount Bid ------------ —------------- - -------------- -------------------- --------------------- ----------------- —---- -- Loners ($------- 10%------------- ) for the payment of which the rinctpa and the Surety bind themselves, their heirs, executors, a m11n trators, successors and assigns, jointly and aawally, firmly by the* presents. THE CONDITIAid OF THIS OBLIOATION IS SUCH, That Whertms, the Principal has submitted es ie 4out to submit a pqxnl to the obligee on a matraat far Safe Routes to School, Cycle VI in the vicinity of Newland elementary School, C.C. No 1304 NOW, THEREFORE, If the said CAntraot be timely awarded to the Principal and the Principal *hall, within such time as may be sp® ffW, enter iatc the contract in writ4, sad give bond, if bond ie rogUirad, with turaty eecepttble to the Nip@ for the fsitlttul performance of the mid Contract, then this obligation shall ba void; otherwise to remain in full force and effect Signed and sealed this 4th day of Aril, 2008. GMC Engineering, Inc. (seat) Principal �,,ek) ,pr1e51cte-rj+ TitW FIRST NATIONAL INSURANCE COMPANY OF AMERICA By 5 . . fKfr6y R. ry6e Attorurial utt 5-32WEP 'U" �9ttit9t°9;C.°r99!9 First National Insurance Company of America • ! POWER p y Ce.��.�>e a �:R Safieco Plaza ,;,2:,;; OF ATTORNEY Seattle. WA 98185 No. 9392 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ***********************************JEFFREY R GRYDE; Costa Mesa, California********************************** its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NA' `ZONAL INSURANCE CON41PARY OF AMERICA has executed and attested these presents this 20th day of October 2006 STEPHANIE DALEY-WATSON, SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 4th day of April 2008 SEAL ���sxi� STEPHANIE DALEY-WATSON, SECRETARY S-1 G491DF 4105 '*%-4 It Safeco® and the Safeco logo are registered trademarks of Safeco Corporation WEB PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of I -on An ae leb On April 4, 2008 before me, _ O f i :�,b (N JGn e- qnc t"1 e_r,-- Date /�^ Here Insert Name and Title of the Officer personally appeared e�f(e�f - G (u icl e- -� Na e(s) of Signer(s) C c HRISTINE =E THATCHER Commission # 1716548 .� Notary Public - California z i.os Angeles County �rComra BQayesJam26, 2111 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(* whose name(g) is/aF& subscribed to the within instrument and acknowledged to me that he/sAe,44ey executed the same in his/herf4I-t&r authorized capacity(ies), and that by his/Imitt! je1r signature( on the instrument the person(s), or the entity upon behalf of which the person(W acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that thpforegoing paragraph is true and correct. WITNESS my hand and ogcj&l seal. Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual El Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ORRil ❑ Trustee Top of thumb here ❑ 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: f31GHTTHUMBPRINT; 'OF SIGNER--�. ` I 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 State of California County of _ (mm4eIj — On Aorrl 7j 900E before me, personally appeared )-• 19UrNUm, %V0+6-Py Y� (Here insert name and tile of the officer) who proved to me on the basis of satisfactory evidence to be the person(-w) whose name(*) is/ore subscribed to the within instrument and acknowledged to me that helms/tip executed the same in his/4authorized capacity(a,4as-), and that by his/kter/tom signature(4) on the instrument the person(*), or the entity upon behalf of which the person(o acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 2r1 Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION'OF THE ATTACHED DOCUMENT ----- ar-ld teoLIJd - - (fitic or description of attached document) (fitle or description of attached document continued) Number of Pages Document Date (Additional information) C:APACiTY CLAIMED BY THE SIGNER ❑ Individual (s) - �Corporate Officer rff 51`A-d`tt7 (idle) ❑ Partner(s) Cl Attorney -in -Fact ❑ Trustee(s) 0 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 excepiton is if a document is to be recorded outside of California In such instances. any ahernattve acknowledgment verbiage as may, be printed on such a document so long as the verbiage does not require the notary to do something that is illegal,fin- a notar) in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and Count} 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 lbrms (i e he/she/fliey- is /are ) or circling the correct forms_ Failure to correctly indicate this information may lead to rejection of document recording • 'I he notary seal impression must be clear and photographically reproducible Impression most not cover text or lines If seal impression smudges_ re -seal it a sufficient area permits, otherwise complete a different acknowledgment folly) • Signature of the notary public must match the signature on file vpith 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 v 12 10 07 800-87 ;-986i wwv, NotarvClasses coin City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK October 16, 2008 Nobest, Inc. P O Box 874 Westminster, CA 92684-0874 RE: CC-1304 — Safe Routes to School — Cycle 6 Enclosed please find your original bid bond for CC-1304. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cifle:"s:" �n�oa�apanfeau a a ere, New Zealand ( Telephone: 714-536-5227 ) NOBEST� INCORPORATED R0. BOX 874 WESTMINSTER, CA 92684-0874 ce � ll,�IV17V4117,61 lee 202 Apr� Nil SECTION C PROPOSAL for the Safe Routes to School, Cycle VI In the vicinity of Newland Elementary School C.C. No. 1304 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 therefore, 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 55 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. G1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find , a;,Y in the amount of $ M 67d 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' Si na re �;L7-off C-2 SECTION C PROJECT BID SCHEDULE SAFE ROUTES TO SCHOOL, CYCLE V- NEWLAND SCHOOL C.C. No. 1304 PROJECT BID: TOTAL AMOUNT BID IN FIGURES: cz� TOTAL AMOUNT BID IN WORDS: dY-C lJt2� C CG-C 7/S�'�G C-2.1 Project Bid Schedule Safe Routes to School — Cycle VI (Newland Elementary School) CC-1304 item N6 I Es jp��,e, I L.S. W-1 J em 7: ,Ut",�P&& Written orris Mobilization. @ 4fY—'t Ze� U_ nrt Price O"W Extended Amounts 2 1 L.S. Per L.S. Construction Survey. $_ $ 3 1 L.S. Per L.S. Monument Preservation. @ Tff,--Cc - -3 $ $ Per L.S. 4 1 L.S. Furnish Project Traffic ontrol. 5 1 L.S. Per L.S. Install Traffic Signal at Yorktown Avenue and Windward Lane. @ z?.eZe,-2,6 Per L.S. 6 1 L.S. Traffic Striping and Signing. 7 55 EA. Per L.S. Construct Curb Ramp Including Adjacent Gutter Plate per Caltrans Standard Plan No. A88A & $ 17'L& A88B and AC Paving Replacement. @, e 8 162 Sq. Ft. —Per EA. Construct Sidewalk per City Standard Plan 207. 7-72— 9 7 LF Per Sq. Ft. Construct Curb and Gutter per City Standard Plan 202. $ 3"/, Per L.F. 10 72 LF Furnish and Install Metal Hand Railing (Type 13) per Standard Plans For Public Works $ Construction (A.P.W.A.) Standard Plan 606-2. @ Per L.F. C-2.2 Project Bid Schedule Safe Routes to School — Cycle VI (Newland Elementary School) CC-1304 Item Estimated , Item -With Unit Price W? i ten in Words 11 S ed No:Quaiitity 11 ,:Amount: 4 EA. Install Radar Feedback Sign, Including Foundation.(Type IA Poles are City Furnished). $-4 =— ry $ 37-r "fly . @��'-ha- Per EA. 12 3 EA. Construct New 30' Tree Well (Includes Adjacent Sidewalk and Concrete Removal) ,�,: $ 1,6go $ @ 6.,e Per EA. 13 3 EA. Remove Tree and Grind 24" Below Surface luct %��dJ?dSeiccr� EVIL $ �, C}�4� P " $ Per EA. 14 6 EA. Furnish and Plant New 24" Box Tree (See Appendix, Project Tree Species Palette) $ 3oo• _ $ @ Per EA. 15 1 L.S. 90 Day Plant Establishment and One year Maintenance e. $ L. �O. $ Per L.S. Note: The City will provide the traffic signal controller and service cabinet, all signal poles, mast arms, luminaries, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 375-5015. 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 and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class ,� s fi4 E�(%L e 6, 0`� � fi G aGibrZJ By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange /0,1,% , being first duly sworn, deposes and says that he or she is !.-Cti^/"(l �(%eG pre540n'r of NQNO' t -I-he 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. 1Vpbe5t 1176 Name of Bidder Signature of Address of Bidder g Subscribed and sworn to before me this V 4 day of A11410 , 20 6 g NOTARY PUBLIC SEE— --A 7-1A c4 NOTARY SEAL C-4 State of California County of Orange On Ll-''S -Z) before me, Kay 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 name,(kYis/ 'subscribed to the within instrument and acknowledged to me that he/se'/fey"executed the same in his/hh to , ''authorized capacity(i ,and that by his/lef/thsignatureon the instrument the person�or the entity upon behalf of which the personWacted, 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. hand and official seal. 1011 "1-4 4 v v v (Notary Seal) of Notary Public KAY E. ANDERSONCOMM. #1579663 n UNOTARY W<Q PUBLIC-CALIFORNIA ORANGE COUNTY a•s My Cwrtnt Fires Jute 13, 2009 ADDITIONAL OPTIONAL, INF'OI2MATION DESCRIPTION OF THE ATTACHED DOCUMENT ,,,(Title or description of attached document) (Title or description of attached documett continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) 19 Corporate Officer President (Title) 0 Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a' document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does no require the notary to do something that is illegal for a notary in California # e. certifying the authorized capacity of the signer). Please check the document carefullyfor 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. Ite/shel#w,q,,- is /are ) or circling the correct forts. 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. d� 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. 4 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 vl2.10.07 800-873-9865 www.NotaryClasses.com UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Safe Routes to School, Cycle VI —CC 1304, (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: ri Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes ®No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works ! ) contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 14— 0-og Nobe Sfi h Contractor Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER L. ) (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: s w"35-m Title Date: cf - t , b i M2 1::� A!`l. � Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER certifies that the following information is true and correct: Bidder Name (- 71/ Business Address 1�Y14-o9741 City, State Zip ( ?1# ) gU - 5-P?3 Telephone Number 1331719aa A State Contractor's License No. and Class q-7y Original Date Issued _7 _31 N Expiration Date The work site was inspected by M, P-) % Pw, S of our office on Ae,-J 3 , 203 The following are persons, firms, and corporations having a principal interest in this proposal: P t ILIGdIa117 Cpefapv C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Subscribed and swornto before me this S day of A" ) '- , 200Y. NOTARY PUBLIC rm c±h5fn 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: e'e' q`fl`4d'7ed 1. 2. 3. Name and Address of Public Agency 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-10 State of California County of Orange On before me, Kay 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 personWwhose name(s'f ` is/4fe� subscribed to the within instrument and acknowledged to me that he/sWi40 executed the same in his/her/theif authorized capacity(ii4 and that by his/tvK/tfw signatureVon the instrument the person(W, or the entity upon behalf of which the personXacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tniP anrd rnrrt-.rt KA;YE.A�DERSON 1- o COMM. #1579663 n U •'° and official seal. {' NOTARYPUBLIC -CALIFORNIA ORANGE COUNTY My Comm. E) res June 13, 2009 of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INF'OF'.MATION 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) 91 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 fmm 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 drat is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefidlyfor 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. • Irate 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. iWshe/#Wr 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. it Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate tide or type of attached document, number of pages and date. 0 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 v12.10.07 900-873-9865 www.NotaryClasses.com REFERENCE LIST 1. CITY OF ANAHEIM (MAINTENANCE DEPT.) Project: Concrete Replacement Contact: Craig Allen Phone: (714) 765-6935 2. CITY OF HUNTNGTON BEACH Project: Reconstruct Various Streets Contact: Dereck Livermore Phone: (714) 960-8861 3. CITY OF HUNTINGTON PARK Project: Various Locations Street Improvements Contact: Pat Fu Phone: (323) 584-6253 4. CITY OF NEWPORT BEACH Project: Alley Reconstruction Contact: Stephen Luy Phone: (949) 644-3311 5. CITY OF FOUNTAIN VALLEY Project: Concrete Improvements Contact: Tony Vega Phone: (714) 593-4613 $ 1,035,000.00 $ 3,600,000.00 $ 441,000.00 $ 827,000.00 $ 1421000.00 (For federally funded projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Contact Person: Contact Phone: Signed: Date: M d Yam— I J 2 *Note: The above certification is �equired by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment C (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder N CEES ::X7nJ G , proposed hereby certifies that he has subcontractor has not_, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering'agency,`or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. LPP 01-04 Page 12-79 March 15, 2001 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment G DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 I. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract Pq a. bid/offer/application Fla. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee year quarter_ f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: P PIN 10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. I Oa) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) S EJ actual planned a. retainer b. one-time fee 12. Form of Payment (check all that apply): c. commission 8 a. cash d. contingent fee b. in -kind; specify: nature e deferred value LJ f. other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) I 15. Continuation Sheet(s) attached: Yes 11 No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature - was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. print Name: L) '7 ty 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject Title: C to a civil pena)tyofnot less than S3 0,000 and not more than lJJ $100,000 for each such failure. Telephone No.: lI3&! ' "e-; Date: 14 - 8 -09 Authorized for Local Reproduction Federal Use Only: Standard Form - LLL Standard Form LLL Rev. 09-12-97 Page 12-87 LPP 01-04 March 15, 2001 EXHIBIT 12-E Local Assistance Procedures Manual Attachment G PS&E Checklist Instructions INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. Page 12-88 March 15, 2001 LPP 01-04 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment G 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev.06-04-90,,ENDM, Page 12-89 LPP 01-04 March 15, 2001 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Safe Routes to School, Cycle VI — CC 1304 March 27, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: 1) CROSSWALK DETAIL AT MAGNOLIA STREET AND PIONEER DRIVE. The crosswalk shall be white thermoplastic with white 12" wide longitudinal thermoplastic lines spaced at 4' on center per the attached detail. This is to acknowledge receipt and review of Addendum Nun Abeq� Inc Company Name Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at (714) 536-5431. Bond No. Bid Bond BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Nobest Incorporated as Principal hereinafter called the Principal, and Contractors Bonding and Insurance Company a corporation duly organized under the laws of the state of Washington 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 Safe Route to School Cycle VI 1304 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 2nd day of April , 2008 Witness am Witness � B ORSC 21328 (5/97) Linda D. Coats Attorney -in -Fact CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On 7 o before me, Ray E. Anderson/Notary Public , (Hero insert name and title of the officer) personally appeared Larry Nodland who proved to me on the basis of satisfactory evidence to be the personWwhose name(4 Wait' subscribed to the within instrument and acknowledged to me that he/sW�4 executed the same in his/hgr/th f authorized capacity(jai6, and that by hisl*theli signatureXon the instrument the persona; or the entity upon behalf of which the personXacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KAY E.ANDERSON I-- COMM. #1579663 V 'NOTARYPUBLIC-CALIFORNIA /7;;M nd official seal. ORANGE COUNTY -j My Gorton t�irea June 13, 2009 S tureofNotaryPublic (Now) 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 President (rifle) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifyhng die authorized capacity of lee signer). Please check the document earefndly 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 tide (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural fours by crossing off incorrect forms (i.e. he4sheAke5;- is late) 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 seat impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form_ • Signature of the rotary public must match the signature on file with the office of the county clerk. 4 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. 4 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 v12.10.07 800-873-9965 www.NotaryClasm.com State of California County of Orange On APR 0 2 00$ before me, _Christine M. Rapp, Notary Public , (Here insert name and title of the officer) personally appeared Linda D. Coats Attorney in Fact , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that+e/she/ executed the same in Iherf authorized capacity(ies), and that by4i9►ther 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. N �P`SEA CFTy� CHRISTINE M. RAPP COMM. # 1494518 X WITNESS my hand and official seal. 1 J NOTARY PUBLIC-CALIFORNIA icen iP z ORANGE COUNTY °gtrForrt+ My Comm. Expires DULY 9, 2008 1V fr (Notary Seal) Signature o Notary Publiq 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 v 12.10.07 800-873-9865 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 trust be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/they is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document