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HomeMy WebLinkAboutDalke & Sons Construction, Inc. - 2015-10-05RECEIVED BY: /� f (Name) (Date) TO: City Treasurer i CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION FROM: City i `Clerk / DATE: D A- 7` �91� SUBJECT: Bond Acceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful' Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. MSC No. /-,,z- � Other No. g:/forms/bond transmittal to treasurer (Company Name) Approved (Council Appro/val bate) Agenda Item No. City Clerk Vault No. k on, SIRE System ID No. FROM: Debra Jubinsky, Senior Administrative Analyst DATE: ( 10/12/2016 SUBJECT: Retention Release Payment Company Name: Dalke & Sons Construction, Inc. Address: 4585 Allstate Drive City, State and Zip Code: Riverside, CA 92501 Phone Number: (951) 274-9880 Business License Number:A193460 Local Address: Same as address Notice of Completion Date:08/22/2016 Contract Purpose: MSC-495 Main Street Library ADA Restroom The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this time. Jb/1-7 Z&(G� Date sue.opkinl, Public Works Director I certify that there are no outstanding invoices on file. /U 111G Date Joycd Zack; [deputy City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. /0-241- /ro Date ` Robin Estanislau , City Clerk at 46 Retention_Release_Payment memo.doc 10/13/2016 11:50:00 AM 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: MSC No. 495 Project: City of Huntington Beach Main Street Library ADA Restroom Upgrade 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, color, religion, sex, sexual orientation, gender identity, 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, color, religion, sex, sexual orientation, gender identity, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 17th day of August , 2016 at Rive;side , California. (Contractor Name) Barry Datke, Vice President APPROVED Michael E. Gates City Attorney 1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: MSC No. 495 Project: City of Huntington Beach Main Street Library ADA Restroom Upgrade 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 Linder the laws of the State of California that the foregoing is true and correct. Executed this 17th day of August , 2016 , at Riverside , California. (Contractor Name) Barry Dalke, Vice President APPROVED NSiTO FOR J,s By: M jhael E. Gates City Attorney CONTRACTOR'S CERTIFICATE LATE I, Barry Dalke state and certify that: (Name of'Declarant) Dalke & Sons Construction, Inc. is the general contractor to the City of Huntington Beach ("City") on Contract No. MSC No. 495 (the "Contract") for the construction of the public work of improvement entitled: City of Huntington Beach Main Street Library ADA Restroom Upgrade (the "Project"). All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 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"): 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. 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'). NONE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Riverside, CA on this 17th day of Aueuct , 20_16 (Signahure of 'Declarant) Barry Dalke, Vice President APPROVED AS T,O%EORM -7 Michael/E. Gates City,Attorney RECEIVED BY: (Name) (Date) TO: FROM: DATE: SUBJECT CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION City Treasurer City Clerk Bond Acceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. MSC No. Other No. g:/forms/bond transmittal to treasurer 0 (Company Name) _ 70 is Approved (Council Approval Date) Agenda Item No. City Clerk Vault No. o , SIRE System ID No. "Premium Included in Performance Bond Bond Number 024059960 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That Dalke & Sons Construction, Inc. (contractor's name) 4585 Allstate Drive Riverside CA 92501 (contractor's street address, city and state and zip code) as Principal (hereinafter called Contractor), and: The Ohio Casualty Insurance Company (surety's name) 790 The City Drive South, Suite 200, Orange, CA 92868 _ (surety's street address, city and state and zip code) a corporation organized and existing under the laws of the State of NH with its principal office in the City of Orange, CA as Surety (hereinafter called Surety), are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of Eighty Eight Thousand Two Sixty One 00/100 Dollars ($ 88,261.00 ), equivalent to the entire contract amount including all orders, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firrnly by these presents, WHEREAS, Surety is a duly admifted surety insurer under the laws of the State of California; and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and able to provide proof of bonding limitation shown in said circular is sufficient to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from A. NI. Best, Moody's, Standard & Poor's, to validate that Surety has positive ratings of being secure or stable; and Surety is registered and listed with the California Department of Insurance; and Contractor has by wriften agreement dated October 18, 2015, entered into a contract with Owner for the Main Street Library ADA Restroom. MSC- 495 in accordance with drawings and specifications prepared by BOA Architecture which contract is by reference made a part hereof (hereinafter referred to as the Contract); and The Contract provides that the principal will guarantee, for a period of one year, the work performed as part of the Contract from and against all defects in materials and workmanship; and The Contract also provides that the Contractor shall secure Contractor's obligations during the one-year period with a bond executed by a surely duly admitted in the state of California; and The Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be August 11 , 2016, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shall be null and void; otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within thirty (30) days following Owners written notice of default, either: (a) remedy the default, or (b) shall promptly complete the Contract in accordance with its tends and conditions. Surety shall save the Owner harmless from any claims, judgments, liens or losses arising from the Surety's failure to either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner. 15-4584/118138 Whenever the Principal shall be, and declared by the Owner to be in default under the Contract, which shall include without limitation, any breach or default of the Contract, then, after written notice from the Owner to the Surety, as provided for below, the Surety shall either: (a) remedy the default or breach by the Principal; or (b) shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal, at its own expense, and make available as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder, provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner. Within thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, it shall be the duty of the Surety to give to the Owner a notice, in writing, of the Surety's election to (a) remedy the default(s) of the Principal promptly, or (b) arrange for performance of the Contract promptly by a contractor other than the Principal, time being of essence to this Bond. In said Notice of Election, the Surety shall state the date of commencement of its cure or remedy of the Principal's default(s) or its performance of the Contract. The Surety's obligations for cure or remedy, include but are not limited to: correction of defective work and completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to act; and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance by the Principal). The Surety shall give prompt written notice to the Owner upon completion of the cure or remedy of the Principal's default(s) of its performance of the Contract. If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principals default(s) of its performance of the Work within thirty (30) days after receipt of a written notice from Owner; Surety shall be deemed to be in default on this bond, and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the owner named herein or the successors of Owner. Signed and sealed this Principal Raised Corporate Seal [MUST BE AFFIXED] Principal Raised Corporate Seal [MUST BE AFFIXED] NOTES: I day of August Acknowledgments inusl be completed and returned as par of the bond. 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. 15-4584/11 U38 20 16 Dalke & Sons Construction, bzc. C t t N ( on rac or dme) i By: �. Dalke Vice President (Title) The Ohio Casualty Insurance Company (Surety Name) By. 1 eal; Heather Bw-roughs (Attorney-lu- act APPROVED AS TO'-F_©RK,,_--=a Michael E. Gates, City Attorney 5 CALIFORNIA. ALL-PURPOS9 ACKNOWLEDGMENT CIVILCODEi§11EI ................. .......... A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not thetrutfifulness, accuracy, . or validity of that document. State of County of Durham On August 18,2016_before me; Jason Lee Sayers Date Here Insert Name and Title of the Officer personally appeared Heather Burroughs Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the Instrumeritthe person(s), or the entity upon behalf of which the person(s) acted, executed.the instrument. I certify. under PENALTY OF PERJURY udder the laws of the State of California that the foregoing paragraph is true and correct. JASON LEE SAYERS WITNESS my hand and official seal. NOTARY PUBLIC WAKE COUNTY, N.C. Signature My Commission Expires 6-24-2020. Signature 6ofKota Zric Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: — Document Date: Signer(s): Other Than Named Above: Capacity(ies) Claimed by Signer(s) .Signer's Name: Ll Corporate Officer — * Partner — rl Limited 0 General * Individual 0 Attorney in Fact f-1 Trustee 0 Guardian or Conservator F Other: Signer Is Representing: Signer.'s Name: Corporate Officer — Title(s): Pat' iner — 1.7 Limited 0 General nindiviclual Fj Attorney in Fact 1j Trustee C Guardian or Conservator FJ Other: Signer Is Representing: 7 M AMWe'W-CaV W, 41M11WxZ 02014 Nationai Notary Association - wwv�.Natlona.'Notary.org - 1-800-US NOTARY (1-800-876-6B27) item ,05907 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7440752 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Adam Pfanmiller; Bobbi D. Pendleton; Camille Smith; Christopher A. Lydick; Heather. Burroughs; Jason Lee Sayers; Julia C. McElligott; Kenneth J. Peeples; Neil B. Biller; Phoebe C. Honeycutt all of the city of Durham state of NC each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 3rd day of August 2016 Pal ras, ljv I�$J� ;N »Rr �� American Fire and Casualty Company A �,h �„,2� ;�P �� 4��� ,o=w r Fti� The Ohio Casualty Insurance Company r Liberty Mutual Insurance Company 1906 o 1919 0 1912 1991 a3 West merican In Company o �s * * * ► By:� , 1. = STATE OF PENNSYLVANIA ss David M. Carey, Assistant Secretary COUNTY OF MONTGOMERY dOn this 3rd day of August 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and c� O Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. CI > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. IC PAS, COMMONWEALTH OF PENNSYLVANIA 7 WQ NwEgt{ Notarial Seal _ 'y � � y q Teresa Pastella, Notary Public By: C d OF Plymouth Twp., Montgomery County Teresa Pastella, Notary Public L My Commission Expires March 28, 2017 YO �'� °-��ti' Member, Pennsylvania Association of Notaries dRY CThis Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance dj Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: dARTICLE IV— OFFICERS —Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject �; to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, O ,= acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective E d powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so C M executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under t the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. = ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge:and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The. Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this I day of 20 y1N�0,? �tNStIRf, , 1906 ( 1919 f 9 } 2 1491 By: a z w A Gregory W. Davenport, Assistant Secretary O vN NJ C E L O C' CD Q M O� 3� CO E M y O t C5 4- C d Oo L CV M C 00 Oo vT— ~19 226 of 500 122013 CONSENT OF SURETY COMPANY TO FINAL PAYMENT Bond No. 024059960 AIA DOCUMENT G707 PROJECT: Main Street Library ADA Restroom MSC-495 (name, address) TO (Owner) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dalke & Sons Construction, Inc. CONTRACTOR 4585 Allstate Drive Riverside, CA 92501 OWNER F1 ARCHITECT CONTRACTOR SURETY a OTHER ARCHITECTS PROJECT NO: CONTRACT FOR: CONTRACT DATE: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) The Ohio Casualty insurance Company 136 N. Third Street Hamilton, Ohio 45025 on bond of (here insert name and address of Contractor) Dalke & Sons Construction, Inc. 4585 Allstate Drive Riverside, CA 92501 ,SURETY COMPANY, ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 as set forth in the said Surety Company's bond IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this Attest: (Seal): S-4869 13th day of September , 2016 The Ohio Casualty Insurance Company Surety Company A r- ,OWNER, Signature of Authorized Representative Attorney -in -Fact Jason Lee Sayers _ Title NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition A IA DOCUMENT G707, CONSENT OF SURETY COMPANY TO FINAL PAYMENT, APRIL 1970 EDITION I AIAS ONE PAGE C 1970, THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C, 20006 A M112)F puhk., car'pE r offioor oorro6hntj th,',s certifice& vertfes only t1v is rtttl of the imfAda4l vsin° t ned t b ct3rr� st h rash t n'te , and not Iha1,r1KNA , a�vjracv�Akffitycfthst dt tWm t'r � State ref Nq£Ih �grglin�-------- --------- — -------- -- County { Durham } On —September 13, 2016 before me Heather Burrow hs d the NNW as Ti`ft of me ofter pers0oaly aped Jason Lee Steers Nara ) cif,igrrr)rfS) proved to me an the bags of salisiactoTy v4dence to be the pet mbed to the within instru"rit and a ato l d"d to rot f a*, he/s i untity upon b0aff.or. which the U, \00"IIIIIIIllrrrr` �P 0 NotGry Public J Wake County =My Co I sl n Expires_ 02 0�� i� Ty C A�z whose e(s) Ware extcuted the terra in �trrr�rrf the [�e;riat�); t certify under REMAL i`( OF PERJURY unger the imms . of 06 State of Cagfbrnialip t the forego Ing pq T-ap,hl is true and a , WITNESS'n turret and of l tat 5 ® is \1L___ i�rt�.ty s>>frc i"°I?iC}frtr T3 oo—oh this section optima f: complefing this information can fi�ia Oteratron v; the��t�r tSrreNrBt tf fi ti`WeDt reattacbmM of this f rtn to an sarairateradad docuvuqrrt. vet ription of Attached Doctunent TMe. or Type of Document Document Dats: Nu mb Pr . apt' P S; ter s der Than hJ_X d Capacltyftoz) Claimed by, Signoje ibner's t amY; [3 CorPorato 0fti er Tito t . e_ Parer x - J Urnited tj Gwemj I Ir11d °.1rrl1j1.ti Fi AttoM ay in Ft COther 1�? T��:�tc t:�'�rritarr car:�:nrarrnr igter is Repmsenttrig �rrur`�� E~tarxte: .� t 04'}sarst tts--'Totle(s). Wartne,, _ t- ftrrrlted i der. trl60dji`:"? Attornoy, in Fact Li Trustee M rAt2rrdian or Cnrewrvptor I Ott cc, S ier 1sr€tit: t 014 N'altora= Notary : iC' w VNMAAM a"f*Nhiy,woTrj "i - ttit 1Jur NUMt1-800417S-M+`ter""} It",� �.. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7440712 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Adam Pfanmiller; Bobbi D. Pendleton; Camille Smith; Christopher A. Lydick; Heather Burroughs; Jason Lee Sayers; Julia C. McElligott; Kenneth J. Peeples; Neil B. Biller; Phoebe C. Honevcutt all of the city of Durham state of NC each individually if there be more.than one named, its true and lawful attorney-in=fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations,: in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the -Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the:Companies and.the corporate seals of the Companies have been affixed thereto this 3rd day of August 2016 a�1 �q s(` 1y INs J N i a 1�s American Fire and Casualty Company ti •_ >Fq ,9, �, a, The Ohio Casualty Insurance Company °2. :r ��?=y , .f, rdi � _i,�h� qr.0 Cam• F�\CG ,�_ 19a� 0 91� 191 z a 1991 Liberty Mutual Insurance Company z - a West American/I/nsurance Company * * * By: STATE OF PENNSYLVANIA ss David M. Carey,' -Assistant Secretary COUNTY OF MONTGOMERY On this 3rd day of August 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. 5N PASS COMMONWEALTH OF PENNSYLVANIA Q�own+o""'eq��lf Notarial Seal �,. y Teresa Pastella, Notary Public By: OF Plymouth Twp., Montgomery County My Commission Expires March 28, 2017 Teresa Pastella, Notary Public R'YL4 Member, Pennsylvania Association of Notaries ARy PUS This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty: Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. I IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 13 day of Se P 20 ND Cqs Y I"•1S 1NSU g1iJS itq,1 1906 o 1919 rl.1912 199i By: tJ O �— d o Gregory W. Davenport, Assistant Secretary 186 of 500 122013 Document- 1 732066-Page-1 Page 1 of 1 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Debra Jubinsky P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1 1] II 11111T III I I 111 II E II II 111 NO FEE *$ R 0 0 0 8 6 2 2 5 0 7$ 2016000396077 9:54 am 08/22/16 217 402 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE 15 HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Dalke& Sons Construction, Inc. who was the company thereon for doing the following work to -wit: MAIN STREET LIBRARY ADA RESTROOM, MAINTENANCE SERVICE CONTRACT 495 (MSC-495) That said work was completed August 18, 2016 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on August 18, 2016, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract The Ohio Casualty Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at'Huntington Beach, California, this August 19, 2016. Direct r of Public Works or City Engineer City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof: the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this August 19, 2016. This document is solely the official business of Director of Public Works or City Engineer the City of Huntington Beach, as contemplated City of Huntington Beach, California under Government code section. 6103 and should be recorded free of charge, THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) about:blank 8/22/2016 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DALKE & SONS CONSTRUCTION, INC. FOR MAIN STREET LIBRARY ADA RESTROOM MSC-495 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 Dalke & Sons Construction, Inc, a California Corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Main Street Library ADA Restroom MSC-495 in the City of Huntington Beach; and The PROJECT to which the construction work covered by this Agreement pertains is being assisted by the United States of America and Federal Labor Standards Provisions ate included in this Agreement pursuant to the provisions applicable to such Federal assistance Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Vety Low -Income Persons, Section 3 conti act clauses, the work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U S C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are g/agree/citywide/surtnct/fcdera1CDBG I of 43 t2/11 teciptents of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1 STA"I`FMFN1' 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, fiom 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 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 boine 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 g/agree/citywidt,/surfnet/federalCDBO 2 of 43 12/11 2 ACCEPTANCE OF CONU nONS OF WORIc; 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; 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, g/agrec/(,itywide/surineUfedeialCDBG 3 of 43 12/11 written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee, E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference), F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. g/agree/citywide/surf ct/federalCDBG 4 of 43 12/11 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Eighty-one Thousand Six Hundred Fifty Dollars ($81,650), 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 forty-two (42) consecutive days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and g/agree/citywide/surfnet/federalCDBG 5 of 43 12/11 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 g/agree/citywide/surfnedfederalCDBG 6 of 43 12/11 due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8 BONDS Only bonds issued by California admitted sureties will be accepted CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney- One in the amount of one hundred percent (100%) of the 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 (100%) 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. g/agree/citywide/surfnet/federalCDBG 7 of 43 12/11 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500 00) per day for each and every working day's delay in completing the work in excess of the number of working 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. g/agree/citywide/surfnedfederalCDBG 8 of 43 12/11 CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension 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 g/agree/citywide/surfnet/federalCDBG 9 of 43 12/11 or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly 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. g/agree/citywide/surfnedfederalCDBG 10 of 43 12/11 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 increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. 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 g/agree/citywide/surfnet/federalCDBG 11 of 43 12/11 and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the 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. g/agree/citywide/surfnet/federalCDBG 12 of 43 12/1 l 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR g/agree/citywide/surfnet/federalCDBG 13 of 43 12/11 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, 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, g/agree/citywide/surfnet/federalCDBG 14 of 43 12/11 of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted.. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney 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/citywide/surfnet/federalCDBG 15 of 43 12/11 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 THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 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 g/agree/citywide/surfnet/federalCDBG 16 of 43 12/11 not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 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/ei"ide/surfnet/federalCDBG 17 of 43 12/11 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 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to g/agree/citywide/surfnet/federalCDBG 18 of 43 12/11 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: TO CITY. City of Huntington Beach ATTN Jerry Thompson 2000 Main Street Huntington Beach, CA 92648 30 SECTION HEADINGS TO CONTRACTOR: Dalke & Sons Construction, Inc ATTN Barry Dalke 4584 Allstate Drive Riverside, CA 92501 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 United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that g/agree/citywide/surfnet/federalCDBG 19 of 43 l2/l1 pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 34 INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction 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 g/agree/citywide/surfnet/federalCDBG 20 of 43 12/11 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it 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. COMPLIANCE WITH APPLICABLE REGULATIONS. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for g/agree/citywide/surfnet/federalCDBG 21 of 43 12/11 training and employment positions can see the notice The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135 CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U S C. 450e) also applies to the work to be performed under this g/agree/citywide/surfnet/federalCDBG 22 of 43 12/11 Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (h) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but 1n derogation of compliance with Section 7(b). 39 MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), 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 issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l (b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(l)(iv); also, 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. g/agree/citywide/surfnet/federalCDBG 23 of 43 12/11 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 29 CFR Part 5.5(a)(4). 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 The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) 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 con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Agreement shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: and (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The 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 If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the g/agree/ci"ide/surfnedfederalCDBG 24 of 43 l2/11 classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U S Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140 ) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary (Approved by the Office of Management and Budget under OMB Control Number 1215-0140 ) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this Agreement from the first day on which work is performed in the classification Whenever the minimum wage rate prescribed in the Agreement for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, g/agree/citywide/surfnet/federalCDBG 25 of 43 12/11 the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as 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 (Approved by the Office of Management and Budget under OMB Control Number 1215-0140 ) 40. PREVAILING WAGE LAW. The CITY has ascertained from the U S. Department of Housing and Urban Development ("HUD") 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. CONTRACTOR agrees to secure payment of compensation to every employee. 41 WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this Agreement or any other Federal contract with the g/agree/citywide/surfnet/federalCDBG 26 of 43 12/11 same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so 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 Agreement. 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 (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the Agreement, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, 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, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 42. HEALTH AND SAFETY No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to g/agree/citywide/surfnet/federalCDBG 27 of 43 12/11 comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773 8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT 44. APPRENTICES AND TRAINEES. 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 U.S. Department of Labor, 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 or 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. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program Any worker listed on a payroll at an apprentice wage g/agree/citywide/surf ier/federalCDBG 28 of 43 12/11 rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on 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 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's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 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 journeymen 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 determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 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 will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved Trainees 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 g/agree/citywide/surfnet/federalCDBG 29 of 43 12/11 are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman 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 corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. 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 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. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR 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. g/agree/citywide/surfner/federalCDBG 30 of 43 l2/11 45 PAYROLLS AND BASIC RECORDS Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project) Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of 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. Whenever the Secretary of Labor has found under 29 CFR 5 5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215- 0140 and 1215-0017 ) g/agree/citywide/surfnet/federalCDBG 31 of 43 12/11 The CONTRACTOR shall submit weekly for each week in which any Agreement work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Agreement, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i) 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 029-005-00014-1), U.S Government Printing Office, Washington, DC 20402 The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Agreement and shall certify the following - That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5 5(a)(3)(I) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Agreement during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions g/agree/citywide/surfner/federalCDBG 32 of 43 12/11 have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Agreement. 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 A.3.(ii)(b) of this section. The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code The CONTRACTOR or subcontractor shall make the records required under this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor falls to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action 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 Part 5 12. g/agree/citywide/surfnet/federalCDBG 33 of 43 12/11 46 WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, 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 subparagraph (2) of this paragraph. 47. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in Section 44 of this Agreement and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Section 44. 48 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, rules and regulations promulgated by the Federal g/agree/citywide/surfnet/federalCDBG 34 of 43 12/11 Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith 49 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 ) 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. 50. DISPUTES CONCERNING LABOR STANDARDS Disputes arising out of the labor standards provisions of this Agreement. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7 Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U S Department of Labor, or the employees or their representatives. 51. CERTIFICATION OF ELIGIBILITY. By entering into this Agreement, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. g/agree/citywide/surfnet/federalCDBG 35 of 43 12/11 No part of this Agreement shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U S Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U S.C. "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of influencing in any way the action of such Administration. makes, utters or publishes any statement, knowing the same to be false. shall be fined not more than $5,000 or imprisoned not more than two years, or both." 52 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. 53 EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30 The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. g/agree/citywide/surfnet/federalCDBG 36 of 43 12/11 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 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 with 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 54. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, 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 g/agree/citywide/surfnet/federalCDBG 37 of 43 12/11 55. 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 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 As used in this section, the terms "laborers" and "mechanics" include watchmen and guards. 56. 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 contract award, on the United States Environmental protection g/agree/citywide/surfnet/federalCDBG 38 of 43 12/11 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 57 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 ) 58 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 g/agree/citywide/surfnet/federalCDBG 39 of 43 12/11 Urban Development and complete any and all reports and forms that may be required in accordance therewith 59 SUBCONTRACTS The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5 5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Agreement clauses in 29 CFR Part 5.5 60 CONTRACT TERMINATION: DEBARMENT. A breach of the Agreement clauses in 29 CFR 5.5 may be grounds for termination of the Agreement, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 61. COMPLAINTS PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. g/agree/citywide/surfnet/federalCDBG 40 of 43 12/11 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME REQUIREMENTS. A No CONTRACTOR or subcontractor contracting for any part of the Agreement work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek 1n which he or she is employed on such work to work 1n excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one- half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater B. Violation; Liabilily for Unpaid Wages Liquidated Damages In the event of any violation of the clause set forth in subparagraph (A) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the 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 Distract 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 or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (A) of this paragraph, in the sum of $10 for g/agree/citywide/surfnet/federalCDBG 41 of 43 l2/11 each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 63. 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. 64. ENTIRETY The foregoing, and Exhibit "A" 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 party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, g/agree/citywide/surfnet/federalCDBG 42 of 43 12/11 promise, agreement, warranty, fact or circumstance not expressly set forth to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authon7ed officers on j��urs Ocfabe. J- _ 2Q 15 Mx.vuz- � J O�y`� . - CONTRACTOR Dalke & Sons Construction, Inc. By- _ . Troy Dalke, Vice President print name ITS. (circle one) Chwrman/Presiders vice President AND By. ---— Calvin R Dalke, Jr, Asst Secretary / Treasurer print name ITS rla nn Secretary/Chief Financial Office Asst Secretary - Treasurer g/agreeh,ttywide/surfnet/federa[CD13G 43 of 43 12/11 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California INITIATED AND APPROVED. �- Director of Public Works REVI APPROVED: r APPROVED City Attorney CJ SECTION C PROPOSAL. for the construction of HUNTINGTON BEACH MAIN STREET LIBRARY ADA RESTROOM MSC-495 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 42 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 a Bid Bond in the amount of $ 10% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 1 9/3/2015 2 9/8/2015 C-2 PROJECT BID SCHEDULE Huntington Beach Main Street Library ADA Restroom Upgrade MSC-495 Item No. Item Bid Amount in Figures 1. MSC-495 Main Street Library ADA Restroom Upgrade Construct ADA restroom improvements per plans and specifications $1 Total Bid Amount QD $ G50 Total Bid Amount in Words: k, ;� K� hu C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor �r I Bid Name and Address of Subcontractor State Class Dollar Item(s) License Amount Number _V I— - Lk G12 Wcoa) 1 By submission of this proposal, the Bidder certifies: % of Contract rM J %9 MA 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-4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract o�'►- �"` 1'° CRA 0'q Loy c� 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-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 9/9/15 , at Riverside , CA Date City State Barry Dalke , being first duly sworn, deposes and says that he or she is Vice President of Dalke & Sons Construction, Inc the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true, and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid Barry Dalke, Vice President Name of Bidder Signature o i er 4585 Allstate Dr, Riverside, CA 92501 Address of Bidder **SEE ATTACHED CERTIFICATE** C-5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL •. C o,, atJ.ci .co.C.Y.^.': xKsw .:iN.<ifat!T4!^..N.�' .n .s..�4✓.Rc n c� :c.w.c..o>¢!EY.ro..w<:Cie!•a...a,.r��v..cr."s�r..:.. Ca:+ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California ) County of Riverside ) On September 9, 2015 before me, Natalie Flores Notary Public Date Here Insert Name and Title of the Officer personally appeared Barry T Dalke Name(s) of Signeror who proved to me on the basis of satisfactory evidence to be the person(4 whose name(A is/,rw subscribed to the within instrument and acknowledged to me that he/sge*" executed the same in his/tierkt�eir authorized capacity4i@4, and that by his/*eWE4w signature( on the instrument the person(p), or the entity upon behalf of which the person(R) 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, NATALIE FLORES WITNESS my hand and official s Commission # 2065329 Notary Public - California i Z ' Riverside County ' Signpture��4�� My Comm Ex Tres A r 21, 2018 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document MSC-495, Non Collusion Document Date 9/9/2015 Number of Pages 1 Signer(s) Other Than Named Above NO OTHER SIGNERS Capacity(ies) Claimed by Signer(s) Signer's Name Barry T Dalke _ Signer's Name Xi Corporate Officer — Title(s) Vice President _I Corporate Officer — Title(s) ___ _ F Partner — I Limited = General ! Partner — U Limited enerai i individual 'Attorney in Fact Individual ;_ orney in Fact Trustee Guardian or Conservator 1 Trustee i Guardian or Conservator _, Other 1 '. Other — Signer Is Representing Signer 1s epresenting Dalke & Sons Construction. Inc. 02014 National Notary Association - www NationalNotary org - 1-800-US NOTARY (1-800-876-6827) Item #5907 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CITY OF HUNTINGTON BEACH MAIN STREET LIBRARY ADA RESTROOM UPGRADE, MSC-495, (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- 9/10/2015 Dalke & Sons Construction, Inc Contractor By Barry Dalke, Vice President Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 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-7 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 9/10/2015 Dalke & Sons Construction, Inc Contractor Barry Dalke, Vice President Title C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct- Dalke & Sons Construction, Inc Bidder Name 4585 Allstate Drive Business Address Riverside, CA 92501 City, State Zip ( 951 ) 274-9880 Telephone Number 612500 13,C-10 State Contractor's License No. and Class 2/11/1991 Original Date Issued 2/28/2017 Expiration Date The work site was inspected by Bobbi Dulm of our office on September 1 , 2015 The following are persons, firms, and corporations having a principal interest in this proposal: Calvin R Dalke, President Carol Dalke, Secretary/Treasurer Barry Dalke, Vice President 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 Dalke & Sons Construction. Inc Company Name Barry Dalke, Vice President Printed or Typed Signature Subscribed and sworn to before me this 9th day of September, 2015 NOTARY PUBLIC Natalie Flores, Notary Public NOTARY SEAL **SEE ATTACHED CERTIFICATE** Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of curb ramps with Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. Santa Ana USD, 1601 East Chestnut Ave., Santa Ana, CA 92701 Name and Address of Public Agency Name and Telephone No. of Project Manager. Jacob Schmautz 714-480-5202 $2,274,480 00 Elementary School Modernization 12/2013 Contract Amount Type of Work Date Completed Provide additional project description to show similar work Tenant improvements of five buildings including but not limited to Demo, replacement of walls, windows / window frames, doors / door frames, ceilings, finishes, fixtures, casework, C-10 renovation of restrooms, painting exterior bldgs , electrical, plumbing, floorting, etc 2. Desert CCD, 43 -5 00 Monterey Ave, Palm Desert, CA 92260 Name and Address of Public Agency -7& p — &(og deu, i:�Aye 4 -7100--—7'7&—'72J g; Name and Telephone No. of Project Manager- —2-4--34-- $1,110,000.00 Contract Amount Indio Educational Center 2/2014 Type of Work Date Completed Provide additional project description to show similar work• Misc Finishes in new (3) story classroom building. Including acoustical ceiling systems, tile, toilet accessories, epoxy flooring, polish concrete flooring, a/c paving, etc UCLA. Lake Arrowhead Conference Center Dame and Address of Public Agency Name and Telephone No. of Project Manager: K1IRaker 9Q9-33(-7(16? $501,769 DO CondnIetc Rnthrnnm Remodel (/9()14 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Bathroom Remodel for all Condolets. C-11 CALIFORNIA Jt1RAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 X See Attached Document (Notary to cross out lines 1-6 below) D See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) - Signature of Document Signer No 1 Signature of Document Signer No 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California Subscribed and swom to (or affirmed) before me County of Riverside S b 15 NATALIE FLORES Commission # 2065329 i .'® Notary Public - C�r2l, a z z Riverside C My Comm Ex Tres 018 on this 9th day of entem er , 20 by Date Month Year (1) Barry T. Dalke (and (2) ), Name(s) of Signer(4 proved to me on the bans of satisfactory evidence to be the person( who appear b ore me Signatu Signature of Notary Public Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bidders Information Document Date- 9/9/2015 Number of Pages: I Signer(s) Other Than Named Above: NO OTHER SIGNERS @2014 National Notary Association • www NationalNotary org • 1-800-US NOTARY (1-800-876-6827) Item #5910 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein Bob Jacobson Name of proposed Project Manager Telephone No. of proposed Project Manager. 951-274-9880 UCLA, Lake Arrowhead Conference Center - Condolets Restroom Remodel $501,769.00 6/2014 Project Name & Contract Amount Type of Work Date Completed CNUSD Norco High School Punch List Project Remove/Replace Toilet Accessories, Drinking Fountanr Project Name & Contract Amount Type of Work Date Completed ADA Signage, Concrete, Relocate gates, Adjusting Door Hardware, Asphalt Striping $65,351 00 4/201 City of Corona DWP, Desalter Training Rm. TI, $514,077.00 12/2014 Project Name & Contract Amount Type of Work Date Completed 2 Tony Mico Name of proposed Superintendent Telephone No. of proposed Superintendent: 951-274-9880 City of Corona DWP, Desalter Training Rm. TI, $514,077.00 12/2014__ Project Name & Contract Amount Type of Work Date Completed SAUSD, Valley View HS, Sports Complex Field Demolition $366,480 00 366,480 00 Project Name & Contract Amount Type of Work Date Completed CNUSD Norco High School Punch List Project Remove/Replace Toilet Accessories, Drinking Fountain Project Name & Contract Amount Type of Work Date Completed ADA Signage, Concrete, Relocate Gates, Adjusting Door Hardware, Asphalt Striping $65,351.00 4/201' C-12 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections). Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor Dalke & Sons Construction, Inc Contact Person Barry Dalke, Vice President Contact Phone Signed Date 9/10/2015 *Note The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD) Previous non-compliance with Section 3 could result in disqualification. C-13 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Dalke & Sons Construction Inc 4585 Allstate Drive Riverside CA 92501 as Principal, hereinafter called the Principal, and The Ohio Casualty Insurance Company 790 The City Drive South Ste 200 orange CA 92868 - a corporation duly organized under the laws of the State of In as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main St Huntington Beach NC 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents WHEREAS, the Principal has submitted a bid for Main Street Library ADA Restroom Upgrade NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with! the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt' payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enters such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed thee, 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 (Wtness) (Maness) day of September 1 2015 & Sons Construction, Inc The Ohio Casualty Insurance Company ADRIENNE PETTIGREW AIA DOCUMENT A310 • BID BOND ! AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y. AVE., N.W., WASHINGTON, D.0 20006 (seal) (Trite) ALL-PURPOSECAILIFORNIA .WLEDGMRNT CIVIL COD ��Ka'✓-of/oi:!vi.•sai< R<_x`o�..v�=�t�:�rl'c\G".:. ytit/-�t,(c"' T - P N—' C�'� � N.i-�n _ _� � "t/\""V_ ";f`i� s. _c\ -i�0!ii/ A notary public or other officer completing this certificate verifies only the identity of the individual vjho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of North Carolina-_------- } County of Durham ) On September 2, 2015 Date before me, Heather Burroughs Here Insert Name and Title of the Officer personally appeared Adnenne Pettigrew Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. U I? j?0 Notary PubhC u' = Wake County - =my Cornilnission Expires` 0?TH CA�kC\\\\\�'\\ 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 Signatu Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can defer alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document; Document Date: Number of Pages: Signer(s) Other Than Named Above- Capacity(jes) Claimed by Si'gner(s) Signer's Name: 0 Corporate Officer — Title(s); M Partner — ❑ Limited D General CI Individual 0 Attorney In Fact 17 Trustee © Guardian or Conservator C Other. Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s); El Partner — i_i Limited 0 General © Individual Ci Attomey In Fact Ct Trustee © Guardian or Conservator El Other; Signer Is Representing; .vinE.;L�2�<l./ .ri, :..5 .r sigU-i'Y..' r�"f Y.'4�.V4wY°%�g4'S�'fiG' :eq�.Yt. ;•.�K t.!<i.L.t ..\M4:N5�L'^+y"'� 'E4`� THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated Certificate No 7060661 Amencan Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company WestAmencan Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmencan Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authonty herein set forth, does hereby name, constitute and appoint, Adrienne Pettigrew Bobbi D Pendleton Camille Smith Christopher A Lydick Heather Burroughs, Julia C McElligott, Kenneth J Peeples Neil B Biller Phoebe C Honeycutt all of the city of Durham state of NC each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 20th day of July 2015 p10 cgs �11 WSi NSUq NtNSUq Amencan Fire and Casualty Company QF.Poaro.rgroq�� yJP�ovro2,-q2 jJ��onPoaq Jv�� The Ohio Casualty Insurance Company Liberty Mutual Insurance Company < 1906 p o 1919 n 1912 3 1991 West American Insurance Company iy� •,#j � �� .�',S,lwFra*vm`��� 9iJ''�s5ta�sF� !2 � �•uat+P t' I * * By STATE OF PENNSYLVANIA ss David M Care , Assistant Secretary COUNTY OF MONTGOMERY On this 20th day of July , 2015 , before me personally appeared David M Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written 9P pgST COMMONWEALTH OF PENNSYLVANIA /a4& oK,ONWF4 �<! Notarial Seai <= v Teresa Pastella Notary Public By OF Plymouth Twp Montgomery County Teresa Pastella, Notary Public �w My Commission Expires March 28 2017 t.�t•' Member Pennsylvania Association of Notaries This Power ofAttorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows ARTICLE IV— OFFICERS —Section 12 Power ofAttorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority ARTICLE XIII — Execution of Contracts — SECTION 5 Surety Bonds and Undertakings Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so executed such instruments shall be as binding as if signed by the president and attested by the secretary Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M Carey, Assistant Secretary to appoint such attomeys-m- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations ' Authorization — By unanimous consent ofthe Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed I, Gregory W Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power ofAttorney executed by said Companies, is in full force and effect and has not been revoked IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this d day of 20 P�10C.4 �11INS& INSup NtNSUq 112 n a 1906 0 0 1919 1912 n o a 1991 ° By g y Gregory W Davenport, Assistant Secretary d��1•b YVAIPS � as `��,`rvp/fgMPS�'�a'�D ��j �SSgMU'>� !� � ?/CUNP T i 75 of 100 122013 � I City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 960-8845, Fax (714) 375-5099 ADDENDUM NUMBER ONE For MAIN STREET LIBRARY ADA RESTROOM UPDGRADE, MSC 495 in the CITY OF HUNTINGTON BEACH SEPTEMBER 3, 2015 Notice To All Bidders - Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) QUESTIONS AND ANSWERS 2) UPDATED PREVAILING WAGE DETERMINATIONS This is to acknowledge receipt and review of Addendum Number One, dated September 3, 2015 Dalke & Sons Construction, Inc Company Name By Barry Dalke, Vice President 9/10/2015 Date i All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845 within 1 business day of posting. MSC-495, Addendum No. 1 Page 1 City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 960-8845, Fax (714) 375-5099 ADDENDUM NUMBER T=0 For MAIN STREET LIBRARY ADA RESTROOM UPDGRADE, MSC 495 in the CITY OF HUNTINGTON BEACH SEPTEMBER 8, 2015 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions. RESPONSES TO THREE QUESTIONS FROM PROSPECTIVE BIDDER. Question #1: May we use 20 gauge metal studs for walls, ceilings and soffit? Response #1 Bid wood framing as per plan. Question #2: Will the subcontractors need to get performance and payments Bonds or will the General Contractors bond cover all work? Response #2 Subcontractors do not need to provide City with bonds. Question#3: At the jobwalk it was said the a [sic] ramp at the back door to the parking lot. A note said to match existing. Response#3. Correction: There is no ramp at back door parking lot; bid per plan. This is to acknowledge receipt and review of Addendum Number Two, dated September 8, 2015 /, DALKE & SONS CONSTRUCTION. INC Company Name By Barry Dalke, Vice Presi ent 9/10/2015 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845 within 1 business day of posting. MSC-495, Addendum No 2 Page 1 DALKE & SONS CONSTRUCTION, INC. Corporation Certificate State of California ) County of Riverside ) I HEREBY CERTIFY that during a meeting of the Board of Directors of Dalke & Sons Construction, Inc. a corporation existing under the Laws of the State of California, held on June 23, 1994, the following resolution was duly passed and adopted "Resolved, that Barry Dalke, Troy Dalke, Todd Dalke, Calvin Dalke Jr. as Vice President of the corporation, be and is hereby authorized to execute all Bid and Contract documents for this corporation and that his execution thereof and with the Corporate Seal affixed, shall be the official act and deed of this Corporation " I further certify that said resolution is now in full force and effect IN WHITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this 23rd , day of June, 1994 r/'z� •'� ���,1�r.a alum R Dalke, President Carol A Dalke, Secretary 4585 Allstate Drive, Riverside, CA 92501 - Phone: 951-274-9880 - Fax: 951-274-0319 - License #612500 c P � k a o it R r� � U � a v Lu e= A- cn O U�p LLI —U }— CJ 1 N stml !� kn N C1 eat � 4j M 7 .nr MSC 495 Main Street Library ADA Restroom REFERENCE CHECK BIDDER Dalke & Sons Construction, Inc REFERENCE. 5AN_M4 ANA USD What was the sco a of work performed by DALKE & SONS? Was DALKE & SONS the prime contractor for your project? 9ell-- How would you rate the quality of workmanship of DALKE & SONS? Excellent Good Fair Poor How would you rate the responsiveness of DALKE & SONS in providing submittal schedules, construction schedules, labor compliance requirements, responding to the owner or architect, etc? Excellent Good Fair Poor Were there any legal disputes, claims, non -payments, etc regarding DALKE & SONS for your project? Did Did the Contractor start and complete project on time and within budget? Would you use DALKE & SONS again? = V14 ON Of WA MSC 495 Main Street Library ADA Restroom REFERENCE CHECK BIDDER Dalke & Sons Construction, Inc REFERENCE (lei i A-- _l $j ar::�N C ' ' ` ff— ev-okc- mAl tjT What was the scope of work performed by DALKE & SONS? o,fP rraw I c2o Was DALKE & SONS the prime contractor for your project? UV5 How would you rate the quality of workmanship of DALKE & SONS? xcellent Good Fair Poor How would you rate the responsiveness of DALKE & SONS in providing submittal schedules, construction schedules, labor compliance requirements, responding to the owner or architect, etc? xcellent Good Fair Poor Were there any legal disputes, claims, non -payments, etc regarding DALKE & SONS for your project? �Jowe-, - Did the Contractor start and complete project on time and within budget? Would you use DALKE & SONS again? MSC 495 Main Street Library ADA Restroom REFERENCE CHECK BIDDER Dalke & Sons Construction, Inc REFERENCE N b I o e60CAr[` 16f\J A (. GC-0 ice.. '762v - (o(o? a 3�-2 ¢ • What was tth'e' 'scope of work performed by DA KE & SONS? I i ► ..s si+e_n�- Was DALKE & SONS the prime contractor for your project? d`'� I Im A'ec . How would you rate the quality of workmanship of DALKE & SONS? <ZElent3 Good Fair Poor How would you rate the responsiveness of DALKE & SONS in providing submittal schedules, construction schedules, labor compliance requirements, responding to the owner or architect, etc? Excellent Good -�a Fair Poor Were there any ga disputes, claims, non -payments, etc regarding DALKE & SONS for your project? Did the Contractor start and complete project on time and within budget? Would you use DALKE & SONS again? Dept ID PW 15-063 Page 2 of 2 Meeting Date 10/5/2015 Bids were opened publicly on September 10, 2015, and the bid amounts are listed below Bidding Contractor Submitted Bid Amount Dalke & Sons Construction, Inc $81,650 00 NR Development, Inc $98,500 00 ABNY General Engineering $103,000 00 R Dependable Const Inc $104,500 00 Avaz Construction, Inc $111,500 00 Corral Construction & Development Inc $116,000 00 Line Tech Contractors $124,500 00 Everlast Builders, Inc $155,000 00 The architect's estimate for the project was $114,000 The total project cost is estimated to be $93,898 which includes the construction contract, project management, construction contingency and supplemental expenses Staff received positive references and found favorable experience on comparable projects from other agencies for Dalke & Sons Construction, Inc Based on this information, staff recommends awarding a contract to Dalke & Sons Construction, Inc Public Works Commission Action: Reviewed and approved by Public Works Commission on April 15, 2015 (7-0) Environmental Status Reviewed by State Historic Preservation Office with finding of no adverse affect on September 25, 2014 Strategic Plan Goal Enhance and maintain infrastructure Attachment(s) CITY OF HUNTINGTON BEACH No. Bidder Name Bid Amount A\\\/AZ Cvv,sTa-u CT) or� I NJ G I (I oz Ca Cb (LP -At, Co uCT Itotwo Q l e q -120D LI UPS • Tracking Information Page 1 of 1 (V Proof of Delivery Close Window Dear Customer, This notice serves as proof of delivery for the shipment listed below Tracking Number 1ZA5R0541399350661 Service UPS Next Day Air Saver(@ Weight 1 00 lb Shipped/Billed On 10/01/2015 Delivered On 10/02/2015 11 13 A M Delivered To RIVERSIDE, CA, US Signed By SWAILS Left At Office Thank you for giving us this opportunity to serve you Sincerely, UPS Tracking results provided by UPS 10/12/2015 3 37 P M ET Print This Page Close Window http•//wwwapps ups com/WebTracking/processPOD9Requester=NES&tracknum=IZA5R.. 10/12/2015 Dept ID PW 15-063 Page 1 of 2 Meeting Date 10/5/2015 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 10/5/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Travis K Hopkins, PE, Director of Public Works SUBJECT: Award and authorize execution of a construction contract in the amount of $81,650 to Dalke & Sons Construction, Inc for the Main Street Library ADA Restroom project, MSC-495 Statement of Issue A public bid opening was held on September 10, 2015 for the Main Street Library ADA Restroom Project, MSC-495 City Council action is requested to award a construction contract to Dalke & Sons Construction, Inc, the lowest responsive and responsible bidder Financial Impact Funds in the amount of $125,230 are available in Community Development Block Grant Account number 86381501 82000 Recommended Action A) Accept the lowest responsive and responsible bid submitted by Dalke & Sons Construction, Inc in the amount of $81,650, and B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney Alternative Action(s) Reject all bids and provide staff with alternative direction Analysis The Main Street Library was constructed prior to the adoption of Federal and state mandates collectively known as the Americans with Disabilities Act (ADA) and lacks accessible restrooms Public Works is the recipient of Community Development Block Grant funds for the design and construction of one new unisex, accessible restroom in an area previously utilized for storage and sales of used books Because the Main Street Library is a designated historic structure listed on the National Register, the State Office of Historic Preservation reviewed the project plans and found no adverse affect s„ 2irI F s, CONTRACTORS STATE UCENSE BOARD _F Contractor's License Detail for License # 288724 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations CSLB complaint disclosure is restricted by law (B&P 7124 6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below Click on the link or button to obtain complaint and/or legal action information Per B&P 7071 17 , only construction related civil judgments reported to the CSLB are disclosed Arbitrations are not listed unless the contractor fads to comply with the terms of the arbitration Due to workload, there may be relevant information that has not yet been entered onto the Board's license database Data current as of 9/16/2015 11 44 33 AM Business Information STUMBAUGH & ASSOCIATES INC 3303 NORTH SAN FERNANDO BLVD BURBANK, CA 91504 Business Phone Number (818) 240-1627 Entity Corporation Issue Date 11/19/1973 Expire Date 04/30/2016 License Status fhfs license Is current and active. information below should be reviewed. Classifications C-61 / D24 - METAL PRODUCTS C-61 / D34 - PREFABRICATED EQUIPMENT Bonding Information Contractor's Bond This license filed a Contractor's Bond with INDEMNITY COMPA--NY—OF--CAL IFOR N IA — Bond Number. 731696C 113ond Amount. $12,500 ,Effective Date 01 /01 /2007 [Contractor's Bond History Bond of Qualifying Individual The Responsible Managing Officer (RMO) STUMBAUGH JEFFREY DALE certified that he/she owns 1 U percent or more IOf the voting stock/equity of the corporation A bond of qualifying individual is not required lEffective Date, 03/12/2014 W-)N, Rnnri Histnry Workers' Compensation II IIIJ II uuI IJC 1100 VVIJIILCIZ. LIU I I II.IC I I JQLIUI III IJUI QI ILIU VV ILII LI IC II V..,a VI1!'LIVVL VVlvlr"!"LIV I VI I I IL_ VVL_J I Policy Number.WVE502068705 Effective Date: 03/01 /2012 ,Expire Date: 03/01/2016 Workers' Compensation History ., CONTRACTORS STATE UCENSE BOARD ! .. I N =1. Contractor's License Detail for License # 599696 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124 6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below Click on the link or button to obtain complaint and/or legal action information Per B&P 7071 17 , only construction related civil judgments reported to the CSLB are disclosed Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration Due to workload, there may be relevant information that has not yet been entered onto the Board's license database Data current as of 9/16/2015 11 44 01 AM Business Information THOMAS R GILSTRAP CONSTRUCTION 9565 WICHITA DRIVE RIVERSIDE, CA 92503 Business Phone Number (951) 688-9441 iThis license is current and active. i All Information below should be reviewed. B - GENERAL BUILDING CONTRACTOR C-9 - DRYWALL Entity Sole Ownership Issue Date 08/02/1990 Expire Date 09/30/2016 License Status Classifications -7 r I Bonding Information Contractor's Bond This license filed a Contractor's Bond with OLD REPUBLIC SURETY COMPANY Bond Number W150169294 Bond Amount: $12,500 Effective Date: 09/02/2013 lcontractor's Bond History _ Workers' Compensation This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number•9043504 Effective Date 01/26/2013 I Expire Date- 01/26/2016 [ workers' Compensation His rwm CONTRACTORS STATE LiCENSE BOARD d Contractor's License Detail for License # 665139 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124 6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below Click on the link or button to obtain complaint and/or legal action information Per B&P 7071 17 , only construction related civil judgments reported to the CSLB are disclosed Arbitrations are not listed unless the contractor fads to comply with the terms of the arbitration Due to workload, there may be relevant information that has not yet been entered onto the Board's license database Data current as of 9/16/2015 11 43 29 AM Business Information J N J TILE CO INC 9713 ORANGE TERR PICO RIVERA, CA 90660 Business Phone Number (562) 942-0519 Entity Corporation Issue Date 02/24/1993 Reissue Date 04/30/2015 Expire Date 04/30/2017 License Status is license is current and active. information below should be reviewed. C54 - TILE (CERAMIC AND MOSAIC) C15 - FLOORING AND FLOOR COVERING Classifications Bonding Information Contractor's Bond its license filed a Contractor's Bond with AMERICAN CONTRACTORS INDENINI I Y UUMHANY and Number: 100271470 and Amount. $12,500 rfective Date: 04/30/2015 ontractor's Bond History Bond of Qualifying Individual he Responsible Managing Officer (RMO) RAMIREZ JUL1O SALVADOR certified that he/she owns 10 percent or more e voting stock/equity of the corporation A bond of qualifying individual is not required Effective Date: 04/30/2015 Workers' Compensation 11IIIJ III,GIIJG IIQJ VVVIRvIJ l VIIIPGI WQIIVII IIIJUICAIII,G VVILII LIIG JLVVI I lPobcy Number:SWC1074599 Effective Date. 06/19/2015 Expire Date- 06/19/2016 Workers' Compensation History IVnI IVIVt'1L II14,7V1\nlVl✓L VlllVirniVI I;CONTRACTORS STATE LiCENSE BOARD Contractor's License Detail for License # 426696 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124 6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below Click on the link or button to obtain complaint and/or legal action information Per B&P 7071 17 , only construction related civil judgments reported to the CSLB are disclosed Arbitrations are not listed unless the contractor fads to comply with the terms of the arbitration Due to workload, there may be relevant information that has not yet been entered onto the Board's license database Data current as of 9/16/2015 10 51 51 AM Business Information MIKE'S CUSTOM FLOORING INC P O BOX 7605 REDLANDS, CA 92375 Business Phone Number (909) 335-0400 is license is current and active. II information below should be reviewed Entity Corporation Issue Date 08/18/1982 Reissue Date 02/24/2010 Expire Date 02/29/2016 License Status Classifications C15 -FLOORING AND FLOOR COVERING J Bonding Information Contractor's Bond pis license filed a Contractor's Bond with DEVELOPERS SURETY AND INDEMNITY COMPANY and Number: 789363C ondAmount: $12,500 ffective Date: 02/24/2010 ontractor's Bond History Bond of Qualifying Individual e Responsible Managing Officer (RMO) LUNDERVILLE DEBORAH ANN certified that he/she owns i u percent or )re of the voting stock/equity of the corporation A bond of qualifying individual is not required Fective Date 09/30/2014 Workers' Compensation employee service group holds the workers compensation insurance icy Number.RWCC48107114 ective Date: 11101 /2014 Are Date: 11/01/2015 rkers' Compensation History __ IYIISVVIIQI IVUU5 II IIUI IIIQIIUll 02/24/2010 - LICENSE REISSUED TO ANOTHER ENTITY CONTRACTORS,BOARD Contractor's License Detail for License # 572682 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124 6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below Click on the link or button to obtain complaint and/or legal action information Per B&P 7071 17 , only construction related civil judgments reported to the CSLB are disclosed Arbitrations are not listed unless the contractor fads to comply with the terms of the arbitration Due to workload, there may be relevant information that has not yet been entered onto the Board's license database Data current as of 9/16/2015 10.47.51 AM Business Information JANUS CORPORATION 1081 SHARY CIRCLE CONCORD, CA 94518 Business Phone Number (925) 969-9200 Entity Corporation Issue Date 07/11 /1989 Expire Date 07/31/2017 License Status license is current and active. I information below should be reviewed. A - GENERAL ENGINEERING CONTRACTOR B - GENERAL BUILDING CONTRACTOR C-2 - INSULATION AND ACOUSTICAL C21 - BUILDING MOVING, DEMOLITION C22 - ASBESTOS ABATEMENT Classifications Certifications ASB - ASBESTOS (Check DOSH Asbestos Registration) HAZ - HAZARDOUS SUBSTANCES REMOVAL Bonding Information Contractor's Bond fihis license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY Bond Number: 710513 BondAmount $12,500 ;Effective Date: 01/01/2007 contractor's Bond History Bond of Qualifying Individual The Responsible Managing Officer (RMO) UHLE CRAIG MICHAEL certified that he/she owns 10 percent or more of th voting stock/equity of the corporation A bond of qualifying individual is not required Effective Date: 04/09/2007 The Responsible Managing Officer (RMO) ELY MICHAEL FREDERICK certified that he/she owns 10 percent or more of the voting stock/equity of the corporation A bond of qualifying individual is not required Effective Date. 03/25/2015 BQI's Bond History Workers' Compensation s license has workers compensation insurance with the GREAT DIVIDE INSURANCE COMPANY icy Number:WCA2012038 active Date. 06/15/2015 Are Date: 07/01 /2016 rkers' Compensation History Miscellaneous Information 03/02/2015 - C22 INFORMATIONAL LETTER SENT 03/25/2015 - DOSH REGISTRATION VERIFIED FOR C22 Other Personnel listed on this license (current or disassociated) are listed on other licenses 'heck A License - License Detail - Contractors State License Board Page 1 of Contractor's License Detail for License # 517012 DISCLAIMER- A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations CSLB complaint disclosure is restricted by law (B&P 7124 6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below Click on the link or button to obtain complaint and/or legal action information Per B&P 7071 17 , only construction related civil judgments reported to the CSLB are disclosed Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration Due to workload, there may be relevant information that has not yet been entered onto the Board's license database This license is current and active. �l information below should be reviewed P36 - PLUMBING Business Information COMBS COMPANY PLUMBING 29224 OBSIDIAN COURT NUEVO, CA 92567 Business Phone Number (951) 847-1112 Entity Sole Ownership Issue Date 08/31/1987 Expire Date 08/31/2017 License Status Classifications Bonding Information Contractor's Bond This license filed a Contractor's Bond with WESCO INSURANCE COMPANY !Bond Number 04WB064072 Bond Amount $12,500 Effective Date 05/22/2015 Contractor's Bond History Workers' Compensation This license is exempt from having workers compensation insurance, they certified that they have no employees at tnis time Effective Date 09/04/2015 jExpire Date None Workers' Compensation History ttps://www2 cslb ca gov/onlineservices/CheckLicenseII/LicenseDetail.aspx9LicNum=517012 9/21/201 CONTRACTORS -'.a STATE BOARD- - - Contractor's License Detail for License # 758792 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124 6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below Click on the link or button to obtain complaint and/or legal action information Per B&P 7071 17 , only construction related civil judgments reported to the CSLB are disclosed Arbitrations are not listed unless the contractor fads to comply with the terms of the arbitration Due to workload, there may be relevant information that has not yet been entered onto the Board's license database Data current as of 9/16/2015 10 46.26 AM Business Information TRI - SIGNAL INTEGRATION INC 15853 MONTE STREET SYLMAR, CA 91342 Business Phone Number (818) 566-8558 license is current and active. 11 information below should be reviewed. C10 - ELECTRICAL C16 - FIRE PROTECTION CONTRACTOR Entity Corporation Issue Date 02/04/1999 Expire Date 02/28/2017 License Status Classifications Bonding Information Contractor's Bond 1is license filed a Contractor's Bond with WESCO and Number: 04WBO12365 and Amount: $12,500 ffecttve Date: 12/19/2012 ontractor's Bond History SURANCE COMPANY Bond of Qualifying Individual ie Responsible Managing Officer (RMO) SWISHER MICHAEL JOSEPH certified that he/she owns i u percent or more the voting stock/equity of the corporation A bond of qualifying individual is not required fective Date. 02/04/1999 Workers' Compensation I IIID II UV IDC Ilei D VVVI rmVIJ l.Vl I I PIP 11 belUU 11 II IDUI QI K.0 VVILII II IIV \JLL/ 1\t_f VULIV L7LIVLf\/'1L IIVJ VIV11Vv1_ j 30RPORATION i Policy Number -Al CW00821 Effective Date: 07/01 /2013 Expire Date: 07/01 /2016 Norkers' Compensation History Other Personnel listed on this license (current or disassociated) are listed on other licenses CONTRACTORS STATE UCENSE BOARD Contractor's License Detail for License # 799584 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted bylaw (B&P 7124 6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below Click on the link or button to obtain complaint and/or legal action information Per S&P 7071 17 , only construction related civil judgments reported to the CSLB are disclosed Arbitrations are not listed unless the contractor fads to comply with the terms of the arbitration Due to workload, there may be relevant information that has not yet been entered onto the Board's license database Data current as of 9/16/2015 10 45 50 AM Business Information STREAMLINE PAINTING INC 9726 SUNNYBROOK DRIVE MORENO VALLEY, CA 92557 Business Phone Number (951) 581-2242 This license is current and active. All information below should be reviewed. C33 -PAINTING AND DECORATING Entity Corporation Issue Date 09/24/2001 Expire Date 09/30/2017 License Status Classifications Bonding Information Contractor's Bond This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY Bond Number. 100236527 Bond Amount. $12,500 Effective Date: 01 /01 /2014 Contractor's Bond History Bond of Qualifying Individual The Responsible Managing Officer (RMO) LOWRANCE STEPHEN SCOTT certified that he/she owns 10 percent or more of the voting stock/equity of the corporation A bond of qualifying individual is not required Effective Date: 09/24/2001 Workers' Compensation is license has workers compensation insurance with the INSURANCE COMPANY OF THE WEST ,licy Number:WSA5029693 fective Date, 04/01/2015 pire Date: 04/01 /2016 )rkers' Compensation History n4►, n r FPersonnel listed on this license (current or disassociated) are listed on other licenses i CONTRACTORS STATE UCENSE BOARD G Contractor's License Detail for License # 622243 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124 6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below Click on the link or button to obtain complaint and/or legal action information Per B&P 7071 17 , only construction related civil judgments reported to the CSLB are disclosed Arbitrations are not listed unless the contractor fads to comply with the terms of the arbitration Due to workload, there may be relevant information that has not yet been entered onto the Board's license database Data current as of 9/16/2015 10 43 10 AM Business Information FORCE 1 & ASSOCIATES INC 3943 IRVINE BOULEVARD # 207 IRVINE, CA 92602 Business Phone Number (562) 762-6695 Entity Corporation Issue Date 06/24/1991 Reissue Date 06/15/2010 Expire Date 06/30/2016 License Status �h�isfiense is current and active. 411 information below should be reviewed. Classifications P-61 I D28 -DOORS, GATES AND ACTIVATING DEVICES Bonding Information Contractor's Bond fhrs license filed a Contractor's Bond with OLD REPUBLIC SURETY COMPANY IBond Number: W150161722 jBond Amount. $12,500 Effective Date. 06/14/2013 ontractor's Bond History Bond of Qualifying Individual The Responsible Managing Officer (RMO) ALCANTAR CARLOS ANGEL certified that he/she owns 10 percent or more of the voting stock/equity of the corporation A bond of qualifying individual is not required Effective Date: 06/15/2010 Workers' Compensation Phis license has workers compensation insurance with the SECURITY NATIONAL INSURANCE COMPANY 'Policy Number:SWC1054788 IEffective Date, 09/15/2014 Expire Date: 09/15/2015 1 ,�Norkers' Compensation History IYIIbl:U11Q11UUUb IIIIU11111M1U11 06/15/2010 - LICENSE REISSUED TO ANOTHER ENTITY Personnel listed on this license Other (current or disassociated) are listed on other licenses r w r ,}z . , , . , +- T. , 114 , ' \i .,t,. y., i> a5?' �+c'kn^F rhrs ,,/ k• v } n Y� RECEIVED BY s (Name) (Date) f "al, 61i -we TO City Treasurer CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION FROM- City Clerk DATE / SUBJECT Bond Acceptance have received the bonds for°_ ,1�+L V r�Orli- l� C�1f (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. s— Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. e4F TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No Approved / f/ (Council Approval Date) CC No Agenda Item No� MSC No `- City Clerk Vault No 1,e�, J-6 Other No SIRE System ID No g /forms/bond transmittal to treasurer Bond No 024059960 *Premium $1,058 00 *Premium Subject to Change Based on Final Contract Price PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS WHEREAS, City of Huntington Beach (hereafter referred to as "City") has, by written agreement dated 8 206, entered into a contract with Dalke and Sons Construction Inc 4585 Allstate Drive, Riverside, CA 92501 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows Main Street Library ADA Restroom MSC-495 i (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full; and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety"), and Surety is certified and listed In the U S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract, and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody's, or Standard & Poor's, to validate that Surety has positive ratings of being secure or Stable; and Surety is registered and listed with the California Department of Insurance, NOW, THEREFORE, we, the undersigned, as Principal, and (name and address of Surety) as Surety, are held and firmly bound unto City in the penal sum of Hundred Fifty And No Cents Dollars ($gyp pc ), this amount being not less than one hundred percent of the price set forth In the Contract, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time, and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") fromany and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether Imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder, then this obligation shall be void, otherwise, it shall be and shall remain in full force and effect Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond Surety waives notice of any adjustment of contractor contract price, and any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees 15-4584/117174 Bond No. 024059960 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 byPrinclpal 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, /O GG!,�: ATTEST Dalke & Sons Construction, Inc (Corporate Seal) (Principal Name) By. Name: Barry rlke Title Vice President ATTEST The Ohio Casualty Insurance Company (Corporate Seal) ur ty Name) By. Name., Adrienne Pettigrew Attorney -in -Fact (Signature of Attomey-in-Fact for Surety) (Attach Attorney -in -Fact Certificate) (61)1 fi65-907, (Area Code & Telephone Number for Surety) APPROVE S TO F R By: ahae) es, Cite Attorney a' v '�i Note., This bond must be executed to duphoste and dated, all ;signatures must be notarized, and evidence of the authority of any person signing as attomey-in-fact must be attached PERFORMANCE BOND Page 2 of 2 15-4584/117174 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Rivers On October 8, 2015 Date personally appeared _ before me, Natalie Flores, Notary Public Here Insert Name and Title of the Officer Barry T Dalke Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is/W--" subscribed to the within instrument and acknowledged to me that he/sleep executed the same in his/I —..'' authorized capacitySLe�, and that by his/Ite, " signatureyj on the instrument the person, or the entity upon behalf of which the persoriK acted, executed the instrument NATALIE FLORES Commission # 2065329 z Notary Public - California zz ` Riverside County my Comm Expires Apr 21, 2018 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature Signature of Notary ub Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the docLiment of fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document MSC - 495 Performance Bond Document Date 10/7/201.5 Number of Pages 1 Signer(s) Other Than Named Above NO OTHER SIGNERS Capacity(ies) Claimed by Signer(s) Signer's Name Barry T Dalke Signet's Name X Corporate Officer — Title(s) Vice President Corporate Officer — Title(s) - Partner — " Limited - General Partner — Limited — Individual Attorney in Fact Individual Att ie) Trustee Guardian or Conservator Trustee uardia - Other _ Other Signer Is Representing Dalke & Sons Construction Signer Is Re pfesentmg in Fact or Conservator ©2014 National Notary Association - www National Notary org - 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSS ACKNOWLEDGMENT CIVIL CODE § 1189 zz?z .6v_;T . a,.�<. av^w< r,.:.e:-. �.� .,.vo•, . - - i.»v::cr�_C..m:tmsm.o:rc3,. .i' � A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of-NortharQim�- -------------------- ---- ) County of Durham ) On _ /017 /1.S before ore, Heather Burroughs Date Here Insert Name and Title of the Officer personalty appeared Adrienne Pettigrew Name(s) of Signers) 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/shalthey executed the same in his/her/their authorized capaW*s), and that by his/her/their signature(s) on the instrumerrtthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. iW R RO///��i/i �P z \\ Notary Public Wake County = _My Co MISS) n Expires= CiA�o� \\\� Place Notary Seat Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature 8 Signature of Notary .Public 0PT70MAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages Document Bate: Signers) Other Than Named Above. Capacity(tes) Claimed by Signer(s) Signer's Nairn: 0 Corporate Officer — Titte(s): 17"1 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact fT Trustee 0 Guardian or Conservator 0 Other, Signer Is Representing: Signer's Name: 0 Corporate Officer — Titte(s): El Partner — G Umited ❑ General 0 Individual 0 Attorney in Fact IJ Trustee 0 Guardian or Conservator 0 Other - Signer Is Representing: 02014 National Notary Association - www.NationalNotary org • 1-800-US NOTARY (1-8800-876-6827) Item 45947 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated Certificate No 70e0596 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmencan Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Adrienne Pettigrew, Bobbi D Pendleton, Camille Smith, Christopher A Lydick, Heather Burroughs, Julia C MCElligott, Kenneth J Peeples, Neil B Biller, Phoebe C Honeycutt all of the city of Durham state of NC each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 20th day of July 2015 PN0 cAS" O'l INSV �\NSUt7 N\NSUR American Fire and Casualty Company � �ti QM��47F9� JP px��a,j� ,�JP onF��,r.'f��cw ��,T� The Ohio Casualty Insurance Company y a 1906 0 0 1919 1912 ¢ 1991 Liberty Mutual Insurance Company C a F a o a ab W = West merican Insurance Company y �y"'hare�5��a-L� By COD = STATE OF PENNSYLVANIA ss David M Care ,Assistant Secretary COUNTY OF MONTGOMERY c dpt On this 20th day of July 2015 before me personally appeared David M Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v v d Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, U) p R execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer ` d > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written O C. A PA S COMMONWEALTH OF PENNSYLVANIA O oNw ram! � ! Notarial Seal�/�-A� C N tiQc° �{2 v Teresa Pastella Notary Public By O Cd of Plymouth Twp , Montgomery County Teresa Pasteiia, Notary Public q 1 JPa�Q My Commission Expires March 28 2017 3 0 d 2�q`�, PMember Pennsylvania Association of Notaries d E C tp This Power ofAttorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance 0 O Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows w o o� cc i ARTICLE IV— OFFICERS — Section 12 Power ofAttorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O C t y; to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, �+ 4) O ,= acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attorneys -in -fact, subject to the limitations set forth in their respective -a E powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation When so d pL executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attomey-in-fact under > o •a the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority O Q Lr N CC rARTICLE XIII — Execution of Contracts — SECTION 5 Surety Bonds and Undertakings Any officer of the Company authorized for that purpose in writing by the chairman or the president, E 1—and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, L tN p 3 seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attorneys -in -fact subject to the limitations set forth in their = ao Z v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so v o executed such instruments shall be as binding as if signed by the president and attested by the secretary O �? Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M Carey, Assistant Secretary to appoint such attomeys-In- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed I, Gregory W Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power ofAttorney executed by said Companies, is in full force and effect and has not been revoked IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 17A- day of D-/a_ 201,E PN0CASU �SVINSV �\NSUR NINSUq a 1906 0 0_ 1919 1912 ° 1991 ° By Gregory W Davenport, Assistant Secretary yid +anew *?tea d�, h,Hnrao4 air �iJ �ssniri l5� �2 y �roinNh t 10 of 100 LMS_12873_122013 Bond No 024059960 `Premium Included in Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS WHEREAS City of Huntington Beach (hereafter referred to as "City") has awarded to Dalke & Sons Construction Inc 45R5 Allstate Drive- Riverside. CA 925QI (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows; Main Street I ihraLV AR --,tmnm Mom_-4Qf; (Project Title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law, by a duly admitted surety Insurer under the laws of the State of California (hereinafter referred to as "Surety"), and Surety is certified and listed in the U.S Department of the Treasury Circular 570, and has provided proof of suffiraent branding (imitation, as shown in said circular to provide bonds in the amount required by said Contract, and Surety has provided financial strength ratings from reputable companies, such as from A M Best, Moody's or Standard & Poor`s, to validate that Surety has positive ratings of being secure or stable, and Surety is registered and listed with the California Department of Insurance. NOW THEREFORE, we, the undersigned Principal, and TheOhio Casualty Incura0se, Como ny (name and address of Surety) as Surety, are held and firmly bound unto City in the penal sum of Eiah�L-Qne Thousand Ejix Hundred Fifty And No Coats dollars ($ 81,650,00 S, this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH THAT, If the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fait 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 scam specified in this bond, otherwise, this obligation shall be null and void This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee In an amount fixed by the court, Pagel of 2 1 s-4584/117357 PAYlt1ENT BOND CALIFORNIA-• • • •D A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California ) County of Riverside ) On October 8, 2015 before me, Natalie Flores, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Barry T Dalke Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose named is/� subscribed to the within instrument and acknowledged to me that he/s ' executed the same in his/ .9 te� authorized capacity�o, and that by his/t=e ` signature) on the instrument the persony or the entity upon behalf of which the persoriK 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 NATALIE FLORES WITNESS my hand and official seal Commission # 2065329 Z :•�® Notary Public - California i _ ' Riverside County > Signature My Comm Expires A r 21, 2018 Signature of Notary (ic Place Notary Seat Above OPTIONAL Though this section is optional, completing this information can deter alteration of the docament of fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document MSC - 495, Payment Bond Document Date 10/7/2015 Number of Pages 1 Signer(s) Other Than Named Above NO OTHER SIGNERS Capacity(ies) Claimed by Signer(s) Signer's Name Barry T Dalke Signei's Narne X Corporate Officer — Title(s) Vice President Corporate Officer — Partner — - Limited ` General Partner — � Limitec - Individual Attorney in Fact Individual A Trustee Guardian or Conservator Trustee Other Other Signer Is Representing Dalke &Sons Construction Signer Is Re .esenting Title(s) in Fact or Conservator 02014 National Notary Association • www NationalNotary org • 1-800-US NOTARY (1-800-876-6827) item #5907 Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whtither made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond Surety hereby waives notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder, Surety also waives the provisions of California Civil Code §§ 2845 and 2849 IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond, Dated lQ /71iS ATTEST Daike & Sons Construction, Inc (Corporate Seal) (Principal Name) By: Name.. Bar Daike Title, Vice President ATTEST The Min Qems tal y Iris ir�P Cam uwy ('Corporate Seal) Su y Name) 13y: Name, Adrienne F?eft g_r-wy AttnrniVy-in-Fact (Signature of Aitomey-in-Fact for Surety) (Attach Attorney -in -Fact Certificate) t 619 665-9076 (Area Code & Telephone Number for Surety) APPi} D AS To oRM: i 8y, t �Michaei E Gates, Ity orney Note, This bond must be executed in dupJtoate and dated, all srgnatures must be notenzed, and evidence of the authority of any person signing as attomey--fn-fact must be attached Pape 2 of 2 15-4584/117357 PAYMENT BOND CALIFORNIA! ! ► CODE \C/�{!`^gClc�:rII: e/: f V�<T��: ��'V,a�✓.�\C!'a'.�.'it!:wYt�i� ¢.N9�`.Tt. NM..:'AC!- :�<� - �<�.'._.�:�u�^1.i.�l�.C2��\�`!e�t.:�:!1Y:..t:'Y�.�Y.-.�C/.� N1.t! A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of -Nor h C@rQima__�__�----------------- ) County of Durham ) On __ /o/7/i.5r before me, Heather Burroughs , Date Here Insert Name and 77tle of the Officer personalty appeared Adrienne Pettigrew Name(s) of Signers) 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/shs/they executed the same in his/her/their authonzed capnerty(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, \\, 1 certify under PENALTY OF PERJURY under the laws ,0�� B U R20 of the State of California that the foregoing paragraph Ucy��/ is true and correct z Notary Public J' = WITNESS my hand and official seal Wake County = :::my Cosmis ion Expires\ S€gnaturei I /� Signature of Notary Public O�Ty rCIA'R`O�\�\�� Place Notary Seat Above Though this section is optional, completing this Informafron can deter alteration of the document or fradddlent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document. Number of Pages Document Datp- . Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Marne: 0 Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General • Individual El Attorney In Fact 0 Trustee 0 Guardlan or Conservator 0 Other: Signer Is Representing: Signer's Name. 0 Corporate Officer — Title(s): El Partner — ❑ l-imited ❑ General 0 Individual 0 Attorney In Fact 0 Trustee 0 Guardian or Conservator 173 Other: Signer Is Representing: 02014 National Notary Association - www.Nafionafttary org • 1-800-US NOTARY (1-80"76-6827) Item 45907 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated Certificate No 7060595 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmencan Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Adrienne Pettigrew, Bobbi D Pendleton, Camille Smith, Christopher A Lydick, Heather Burroughs, Julia C McElligott, Kenneth J Peeples, Neil B Biller, Phoebe C Honeycutt all of the city of Durham state of NC each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 20th day of July 2015 Pp10 CAs6 �1V INs6 �tNSuq H Wsun American Fire and Casualty Company � 2� ��on��wT����� ��•���c� �� The Ohio Casualty Insurance Company a 1906 o 0 1919 n F 912 Q 991 Liberty Mutual Insurance Company WestAmerican Insurance Company a � � * * By STATE OF PENNSYLVANIA ss David M Care , Assistant Secretary COUNTY OF MONTGOMERY On this loth day of July 2015 1 before me personally appeared David M Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written ASP NW $1COMMONWEALTH OF PENNSYLVANIA _ % Q o" "�S faj � Notarial Seal/�' v" C,o c 9 Teresa Pastella Notary Public By OF Plymouth Twp , Montgomery County Teresa Pastella, Notary Public �P My Commission Expires March 28 2017 Member Pennsylvania Association of Notanes �ARy P� This Power ofAttomey is made and executed pursuant to and by authority of the following By-laws and Authorizations ofAmencan Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows ARTICLE IV- OFFICERS - Section 12 Power of Attorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority ARTICLE XIII - Execution of Contracts - SECTION 5 Surety Bonds and Undertakings Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so executed such instruments shall be as binding as if signed by the president and attested by the secretary Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed 1, Gregory W Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 'PM day of C--V 6e- r 20 /s,5 0 CAS,, R F a f i By 1491p 1919 a Gregory W Davenport, Assistant Secretary d 9 of 100 LMS_12873_122013 ACO ADD® /Y` CERTIFICATE OF LIABILITY INSURANCE1 111 DATE (MM/DD/YYYY) 010512015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the Certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, Certain policies may require an endorsement A statement on this Certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER Diamond Valley Insurance Services, Inc. 41856 Ivy Street, Suite 204 Murrieta, CA 92562 License #• OH94716 NAMEACT Melody L Spaur Melody L Sp PHONE FAX No (951)296-6808 E-MAIL ADDRESS melody@diamondvalleyins com INSURE S AFFORDING COVERAGE NAIC# INSURER Ironshore Specially Insurance Company INSURED - INSURER Liberty Mutual Insurance Company 19704 INSURER Ro khill Insurance Company DALKE & SONS CONSTRUCTION, INC INSURER Everest National Ins Co 4585 ALLSTATE DR INSURER RIVERSIDE, CA 92501 INSURER F COVERAGES CERTIFICATE NUMBER 00000000-0 REVISION NUMBER 342 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y AGS0053302 09/20/2015 09/20/2016 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE J OCCUR PREM SEDAMAGE TO RENTED SOEa ocwrrence $ 50,000 MED EXP (Any one person) $ 5 000 PERSONAL & ADV INJURY $ 1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY ® PET F71 LOC PRODUCTS COMP/OP AGG $ 2 000 000 $ OTHER B AUTOMOBILE LIABILITY Y 24CC31525610 06/12/2015 06/12/2016 OMBINEDSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS X AUTOS PROPERTY DAMAGE Per accdent $ X NON -OWNED HIRED AUTOS X AUTOS C X UMBRELLA LIAB OCCUR FF014484-00 09/20/2015 09/20/2016 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION $ 0 00 $ 1 1 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 7600008414151 01/01/2015 01/01/2016 X FPER STATUTE ERH E L EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED' ❑ (Mandatory in NH) N I A E L DISEASE EA EMPLOYEE $ 1,000,000 If yes descnbe under DESCRIPTION OF OPERATIONS below EL DISEASE POLICY LIMIT $ 1 ,0001,000 i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Job Name Main Street Library ADA Restroom, MSC495 Certificate holder is amended to include City of Huntington Beach, Its Officers, Elected or appointed officials, employees, agents and volunteers and all are listed as additonal insured per the attached endorsement with primary workding and waiver continued on ACORD 101 Additional Remarks Schedule City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn.Debra Jubinskyu ACCORDANCE WITH THE POLICY PROVISIONS 2000 Main Street PO Box 190 AUTHORIZED REPRESENTATIVE HUNTINGTON BEACH, CA 92648 2&d=;;t MLS ©19 8-2014 ACORD CORPORATION All rights reserved ACORD 25 (2014/01) The ACORD name and logo are regis ered marks of ACORD Printed by MLS on October 05, 2015 at 02 24PM APPROVED AS TO FORM By:--L-'�— 2�1� ichael Gates, City ttorney AGENCY CUSTOMER ID 00000000 LOC # AREP ® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Diamond Valley Insurance Services, Inc NAMED INSURED DALKE & SONS CONSTRUCTION, INC POLICY NUMBER N/A CARRIER Multiple Carriers NAIC CODE EFFECTIVE DATE THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER 25 FORM TITLE Certificate of Liability Insurance (continued from Description of Operations) 30 days notice for any changes, 10 days for nonpayment ACORD 101 (2008/01) © 2008 ACORD CURPURATIUN All rlgnts reservea The ACORD name and logo are registered marks of ACORD Printed by MLS on October 05, 2015 at 02 24PM • REPRINTEDFROM THE ARCHIVE THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS ' * Pol# 24CC31526610 COMMERCIAL AUTO CA71100307 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement EXTENDED CANCELLATION CONDITION Paragraph 2.b. of the CANCELLATION Common Policy Condition is replaced by the following b. 60 days before the effective date of cancellation if we cancel for any other reason TEMPORARY SUBSTITUTE AUTO — PHYSICAL DAMAGE COVERAGE Under paragraph C. — CERTAIN TRAILERS, MO- BILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS of SECTION 1 — COVERED AUTOS, the following is added If Physical Damage coverage is provided by this Cov- erage Form, then you have coverage for, Any "auto" you do not own while used with the per- mission of its owner as a temporary substitute for a covered "auto" you own that is out of service be- cause of its breakdown, repair, servicing, Ioss" or destruction. BROAD FORM NAMED INSURED SECTION II — LIABILITY COVERAGE — A.I. WHO IS AN INSURED provision is amended by the addition of the following• d. Any business entity newly acquired or formed by you during the policy penod provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage Coverage is extended up to a maximum of 180 days following acquisi- tion or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. BLANKET ADDITIONAL INSURED SECTION II — LIABILITY COVERAGE — A.I. WHO IS AN INSURED provision is amended by the addition of the following. e. Any person or organization for whom you are re- quired by an 'insured contract" to provide insur- ance is an 'insured", subject to the following additional provisions: (1) The `insured contract" must be in effect during the policy period shown in the Decla- rations, and must have been executed prior to the "bodily injury" or "property damage" (2) This person or organization is an Insured" only to the extent you are liable due to your ongoing operations for that insured, whether the work is performed by you or for you, and only to the extent you are held liable for an "accident" occurring while a covered "auto" is being driven by you or one of your em- ployees (3) There is no coverage provided to this person or organization for 'bodily injury" to its em- ployees, nor for "property damage" to its property (4) Coverage for this person or organization shall be limited to the extent of your negli- gence or fault according to the applicable principles of comparative negligence or fault (6) The defense of any claim or "suit" must be tendered by this person or organization as soon as practicable to all other insurers which potentially provide insurance for such claim or "suit', Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc , 1997 CA 71 10 03 07 Pogo 1 of 6 EP ""REPRINTEDFROMTHE ARCHWE THE ORIG AL TRANSACTION MAY INCLUDE ADDITIONAL FORMS " (B) The coverage provided will not exceed the PERSONAL EFFECTS COVERAGE lesser of: (a) The coverage and/or limits of this policy, or (b) The coverage and/or limits required by the "insured contract". (7) A person's or organization's status as an "insured" under this subparagraph d ends when your operations for that "insured" are completed EMPLOYEE AS INSURED Under Paragraph A. of Section 11 — UA131LITY COV- ERAGE item f. Is added as follows: Your "employee" while using his owned "auto", or an "auto" owned by a member of his or her household, in your business or your personal affairs, provided you do not own, hire or borrow that "auto". This coverage is excess to any other collectible insurance coverage FELLOW EMPLOYEE COVERAGE Exclusion 5. FELLOW EMPLOYEE of SECTION II -- LIABILITY COVERAGE — B. EXCLUSIONS is amended by the addition of the following. However, this exclusion does not apply if the 'bodily injury" results from the use of a covered "auto" you own or hire, and provided that any coverage under this provision only applies in excess over any other collectible insurance. BLANKET WAIVER OF SUBROGATION We waive the right of recovery we may have for pay- ments made for "bodily injury" or "property damage" on behalf of the persons or organizations added as 'insureds" under Section II —LIABILITY COVERAGE — A.I.D. BROAD FORM NAMED INSURED and A.1.e. BLANKET ADDITIONAL INSURED. PHYSICAL DAMAGE — ADDITIONAL TRANS- PORTATION EXPENSE COVERAGE The first sentence of paragraph A.4. of SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: We will pay up to $50 per day 10 a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type A. SECTION III — PHYSICAL DAMAGE COVER- AGE, A.4. COVERAGE EXTENSIONS, is amended by adding the following. c. Personal Effects Coverage For any Owned "auto" that is involved in a covered 'loss", we will pay up 10 $500 for "personal effects" that are lost or damaged as a result of the covered "foss", without applying a deductible EXTRA EXPENSE — BROADENED COVERAGE Paragraph A. — COVERAGE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add 5. We will pay for the expense of returning a stolen covered "auto" to you. AIRBAG COVERAGE Under paragraph B. — EXCLUSIONS of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added. The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag NEW VEHICLE REPLACEMENT COST Under Paragraph C — LIMIT OF INSURANCE of Section III — PHYSICAL DAMAGE COVERAGE sec- tion 2 is amended as follows. 2. An aclustment for depreclation and physical con- dition will be made in determining actual cash value in the event of a total loss However, in the event of a total loss to your "new vehicle" to which this coverage applies, as shown in the declarations, we will pay at your option a. The verifiable "new vehicle" purchase price you paid for your damaged vehicle, not in- cluding any insurance or warranties pur- chased; Pape 2 of 6 b. The purchase price, as negotiated by us, of a new vehicle of the same make, model and equipment, not including any furnishings, parts or equipment not installed by the manufacturer or manufacturer's dealership If the same model is not available pay the purchase price of the most similar model available, 'REPRINTED FROM THE ARCHIVF THEORIGINALTRANSACTION MAY INCLUDE ADDRIONALFORMS "•' c. The market value of your damaged vehicle, not including any furnishings, parts or equip- ment not installed by the manufacturer or manufacturer's dealership. This coverage applies only to a covered "auto" of the private passenger, light truck or medium truck type (20,000 Ibs or less gross vehicle weight) and does not apply to initiation or set up costs associated with loans or leases. TWO OR MORE DEDUCTIBLES Under SECTION III — PHYSICAL DAMAGE COV- ERAGE, if two or more "company" policies or cover- age forms apply to the same accident, the following applies to paragraph D. Deductible - a. It the applicable Business Auto deduct- ible is the smaller (or smallest) deduct- ible it will be waived, or b. II the applicable Business Auto deduct- ible is not the smaller (or smallest) de- ductible it will be reduced by the amount of the smaller (or smallest) deductible, or c. If the loss involves two or more Busi- ness Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement "company" means a. Safeco Insurance Company of America b. American States Insurance Company c. General Insurance Company of America d. American Economy Insurance Company e. First National Insurance Company of America f. American States Insurance Company of Texas g. American States Preferred Insurance Company h. Safeco Insurance Company of Illinois LOANILEASE GAP COVERAGE Under paragraph C — LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added a. Actual cash value of the damaged or stolen property as of the time of the loss", less an adjustment for depreciation and physical condition, or b. Balance due under the terms of the loan or lease that the damaged covered "auto" is subject to at the time of the "loss", less any one or all of the following adjustments ('I) Overdue payment and financial penalties associated with those payments as of the date of the "loss". (2) Financial penalties imposed under a lease due to high mileage, exces- sive use or abnormal wear and tear (3) Costs for extended warranties, Cre- dit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or tease (4) Transfer or rollover balances from previous loans or leases. (s) Final payment due under a "Balloon Loan" (8) The dollar amount of any un-repaired damage that occurred prior to the "total loss" of a covered "auto". (7) Security deposits not refunded by a lessor (8) All refunds payable or paid to you as a result of the early termination of a lease agreement or any war- ranty or extended service agree- ment on a covered "auto'. (9) Any amount representing taxes. (10) Loan or lease termination fees GLASS REPAIR — WAIVER OF DEDUCTIBLE Under paragraph D. — DEDUCTIBLE of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added. No deductible applies to glass damage if the glass is repaired rather than replaced. AMENDED DUTIES IN THE EVENT OF ACCI- DENT, CLAIM, SUIT OR LOSS 4. The most we will pay for a total "loss" in any one The requirement in LOSS CONDITION 2.a. — "accident" is the greater of the following, subject DUTIES IN THE EVENT OF ACCIDENT, CLAIM, to a $1,600 maximum limit- SUIT OR LOSS — of SECTION IV — BUSINESS AUTO CONDITIONS that you must notify us of an CA 71 10 03 07 Page 3 a 6 EP "'• REPRINTEDFROM THE ARCHIVE THE ORIGINAL TRANSACTON44AY INCLUDE AWifIONA1 FORMS "-'- "accident" applies only when the "accident" is known deductible and excess provisions, we will provide to coverage equal to the broadest coverage applicable to any covered "auto" you own (1) You, if you are an individual, (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV — BUSINESS AUTO CONDITIONS — 8.2, is amended by the addition of the following If you unintentionally fad to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. HIRED AUTO — LIMITED WORLD WIDE COVER- AGE Under Section IV — Business Conditions, Paragraph 8.7.b.e(1) is replaced by the following (1) The "accident" or "loss" results from the use of an "auto" hired for 30 days or less. RESULTANT MENTAL ANGUISH COVERAGE SECTION V — DEFINITIONS — C. is replaced by the following 'Bodily injury" means bodily injury, sickness or dis- ease sustained by a person including mental anguish or death resulting from any of these HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability cov- erage and if Comprehensive, Specified Causes of Loss or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow. The most we will pay for loss to any hired `auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The de- ductible will be equal to the largest deductible appli- cable to any owned "auto" of the private passenger or light truck type for that coverage Hired Auto Phy- sical Damage coverage is excess over any other col- lectible insurance Subject to the above limit, HIRED AUTO PHYSICAL DAMAGE COVERAGE — LOSS OF USE SECTION III — PHYSICAL DAMAGE A.4.1b. Form does not apply Subject to a maximum of $1,000 per accident, we will cover loss of use of a hired "auto" if it results from an accident, you are legally liable and the lessor in- curs an actual financial loss RENTAL REIMBURSEMENT COVERAGE A. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" be- cause of a covered 'loss" to a covered "auto". Payment applies in addition to the otherwise ap- plicable amount of each coverage you have on a covered "auto" No deductibles apply to this coverage B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days- 1. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. 2. 30 days. C. Our payment is limited to the lesser of the fol- lowing amounts. 1. Necessary and actual expenses incurred. 2. $50 per day. D. This coverage does not apply while there are spare or reserve "autos" available to you for your operations E. if "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not al- ready provided for under the PHYSICAL DAM- AGE COVERAGE Coverage Extension F. The Rental Reimbursement Coverage described above does not apply to a covered "auto" that is described or designated as a covered "auto" on Pegs 4 of 6 "'- REPRINTEDFROM THEARCHIVE THE 00t NAL TRANSACTION MAY INCLUDEADDITIONAL FORMS • Rental Reimbursement Coverage Form the manufacturer for the installation of a CA 99 23 radio AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE A. Coverage 1. We will pay with respect to a covered "auto" for "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "autos" electrical system, in or upon the covered "auto". 2 We will pay with respect to a covered "auto" for "loss" to any accessories used with the electronic equipment described in paragraph A.I. above. However, this does not include tapes, records or discs. 3. If Audio, Visual and Data Electronic Equip- ment Coverage form CA 99 60 or CA 99 94 is attached to this policy, then the Audio, Vi- sual and Data Electronic Equipment Cover- age described above does not apply B. Exclusions The exclusions that apply to PHYSICAL DAM- AGE COVERAGE, except for the exclusion relat- ing to Audio, Visual and Data Electronic Equipment, also apply to this coverage. In addi- tion, the following exclusions apply We will not pay for either any electronic equip- ment or accessories used' with such electronic equipment that is 1. Necessary for the normal operation of the covered "auto" for the monitoring of the covered 'auto's" operating system, or 2. Both a. an integral part of the same unit housing any sound reproducing equipment de- signed solely for the reproduction of sound if the sound reproducing equipment is permanently installed in the covered "auto",; and b. permanently installed in the opening of the dash or console normally used by C. LirNt of Insurance With respect to this coverage, the LIMIT OF IN- SURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the following. 1. The most we will pay for "loss" to audio, vi- sual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of a. The actual cash value of the damaged or stolen property as of the time of the "loss", or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality c. $1,000. 2. An adlustment for depreciation and physical condition will be made in determining actual cash value at the time of the "loss" 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment D. Deductible 1. If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a 'loss" to the covered "auto" under the Business Auto Coverage Form's Comprehensive or Colli- sion Coverage, then for each covered "auto" our obligation to pay for, repair, return or re- place damaged or stolen property will be re- duced by the applicable deductible shown in the Declarations Any Comprehensive Cov- erage deductible shown in the Declarations does not apply to "loss" to audio, visual or data electronic equipment caused by fire or lightning 2 if "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a 'loss" to the covered "auto" under the Business Auto Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 3. If "loss" occurs solely to the audio, visual or data electronic equipment or accessories used with this equipment, then for each cov- ered `auto" our obligation to pay for, repair, CA 71 10 M 07 Pap 5 of 6 EP "'- REPRINTEDFROM THEARCHM THE ORIGNAI. TRANSACTIONMAY ,WLLJ ADDITIONAL FORMS - return or replace damaged or stolen property SECTION V — DEFINITIONS is amended by adding will be reduced by a $100 deductible, the following 4. In the event that there is more than one ap- Q. "Personal effects" means your tangible placable deductible, only the highest deduct- property that is worn or carned by you, ex- ible will apply. In no event will more than one cept for tools, jewelry, money, or securities. deductible apply. R. "New vehicle" means any 'auto" of which you are the original owner and the "auto" has not been previously filled and is less than 366 days past the purchase dale Page 6 of 6 POLICY NUMBER AGS0053302 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Whereas RegLiired by Writizn Contract Information required to complete the Schedule, if not shown above, will be shown in the Declarations The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for Injury or damage ansing out of your ongoing operations or "your work' done under a contract with that person or organization and included in the "products -completed operations hazard" This waiver applies only to the person or organization shown in the Schedule above CG 24 04 06 09 (0 Insurance Services Office, Inc , 2008 Page 1 of 1 0 POLICY NUMBER AGS0053302 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. •`0111 :` • • M• -_Eel 01 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anlzation s : Location And Description Of Completed Operations Additional Insureds shown in a written contract, or The insurance afforded by this policy for the benefit of written agreement that includes primary and the additional insured does not apply to non-contributory wording where required 'property damage' to any building, structure or appurtenant structure intended to be occupied as The inclusion of one or more Insured under the terms of a'private residence' The term "private residence" includes single family horses or residences, this endorsement does not increase our limits of liability multi -family homes or residences All other terms and conditions remain unchanged. information required to coin lete this Schedule 9 not shown above will be shown in the Declarations Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organlzation(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work' at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the '.products- completed operations hazard" CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 p POLICY NUMBER- AGS0053302 COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. •'UAt61-010916 This endorsement modifies Insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered Operations Additional Insureds shown in a written contract, or written Any location agreement that includes primary and non-contributory wording The inclusion of one or more Insured under the terms of this endorsement does not increase our limits of liability All other terms and conditions remain unchanged IInformation required to complete this Schedule if not shown above will be shown in the Declarations A. SECTION It — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or 'personal and advertising Injury" caused, in whole or in part, by 1. Your acts or omissions, or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above S. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply This insurance does not apply to "bodily injury" or "property damage" occurring after 1. Ali work, including materials, parts or equipment furnished in connection with such work, on the project (other than service maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed, or 2. That portion of "your work" out of which the injury or damage arises has been put to Its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project CG 2010 07 04 0 ISO Properties, Inc, 2004 Page 1 of 1 0 CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM: Dalke & Sons Construction, Inc. PROJECT: Main Street Library ADA (Contractor Name) Restroom�MSC - 495_ 4585 Allstate Drive (Street Address) Riverside CA 92501 (City, State and Zip) TO: CM OF HUNTINGTON BEACH MAN Attached hereto Is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorsement CG 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach (" Clty'� and the above -named Contractor ("Contractor") for the above -described project ("Project). I declare under penalty of pei7ury under the laws of the State of California that the above statement is true and correct Signed on_ October 8 , 20J5 at Riverside, CA (Date) (City, state) µ (Signature of Individual Who is Making Declaratron} Contractor hereby warrants and agrees to maintain Products and Completed Operations Insurance In compliance with the Insurance requirements of the Contract for the Project. Said Insurance shall be maintained through and until the expiration of all Warranties provided by Contractor. Said insurance shall contain Additional Insured Endorsement CG 2010 1185, naming City as an additional Insured Contractor shall supply to City, on at least an annual basis, a Certificate of Insurance and the aforementioned Endorsement evidencing continued coverage which meets the Contract requirements. Signed on October 8 , 20j-5 at Riverside, CA (Date) (City, State) CONTRACTOR: Name: Dalke & Sons Construction, Inc. By Name. royDalke Title, Vice Presidmt z77G2i 2 ®�4LKE;S;iVS`.CO,NSTF�l1TIO�V; :IIV.F f M � _sty , ,te V y o { *` _y � ` µ y4 y \ ' T`Y� �=I�YSy e. + SAY =xl y ` � .^ '- Y Y� Le(t s• � r � �, L '_L< t' ,� v �' e s„October -12,� 2015- City of Huntington Beach, Attention: -Debra Jubiisky '2000 Main -St ~Huntington Beach, CA,92648 Rh -Main StreetLibr�a ADA RestroomMSC=495:` t>•i Dear Ms: Jubirisky, " Bnclosed'y",ou will`find thefol'lowing,gxecuted�d6 uments ✓, Agfeemdnt ✓� Performance Bond Payment`Bond°,°' _ ✓ Certificate' of Insurance' ✓, Contr`actor's Sworn,Sstatement and Warranty= - _ ✓ City of Huritmgton Beach'License , Will 'submit copy as soon as we obtain, one Tf,y6uhaye any,questi6ns,6r,con6erns,�5,please do'not,hesrtateJ-tO:call' ,We 16oklorwardito;working-, wvrtil`the`City of Huntington'Beach on'this'project_y;� - ",- Troy,Dalk&_ - Vice President —Bidding &Estimating >. Et'`CALIFOC2NIA 92501-1701,`� 95'1 t274-9880,F• `FAX-(951j 274 Q319 >y 4585 %ALLSTATE' DRIVE 4 RIV,ERSID ( ) _ _ - Emdd �nfo�dalkeandsonscom---�0cense#612500_ - ,', � 'Web-www dalkepndson&9om, PUBLIC WORKS MAINTENANCE & GENERAL SERVICES INTERDEPARTMENTAL TRANSMITTAL & ROUTING SLIP Date: October 16, 2015 From: Debra Jubinsky, ext. 5321 Please see the following: X Contract Plans For: Specifications Other X Signature Review/Comment Review/File Other Description Construction contract between City of Huntington Beach and Dalke & Sons Construction, Inc for MSC-495 Main Street Library ADA Restroom Approved by City Council at 10/5/15 City Council meeting Attachments: 1 Contract 2 Bonds and Certificates of Insurance Please Route as Follows: 730tyy ensy Attorney er s OfficeCrft� CL6 Uri INS't 1CCi p5 RETURN COPY TO: Debra Jubinsky, Corp Yard, via Interoffice Mail City ®f Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ wNvw.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk November 10, 2015 Dalke & Sons Construction, Inc ATTN Barry Dalke 4584 Allstate Drive Riverside, CA 92501 Re Main Street Library ADA Restroom — MSC-495 The City Council awarded the bid to your company for the above referenced project Enclosed is a copy of the executed contract with the City of Huntington Beach A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds In addition, the following item must also be on file, with this office before the City can release any retention funds A warranty bond guaranteeing the final amount of work and materials for one year If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517 Sincerely, v/ Joa L Flynn, CIVIC City Clerk J F pe Enclosures Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Szster Cities Anjo, Japan ♦ Waitakere, New Zealand Dept ID PW 15-063 Page 1 of 2 Meeting Date 10/5/2015 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 10/5/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Travis K Hopkins, PE, Director of Public Works SUBJECT: Award and authorize execution of a construction contract in the amount of $81,650 to Dalke & Sons Construction, Inc for the Main Street Library Americans with Disabilities Act (ADA) Restroom project, MSC-495 Statement of Issue A public bid opening was held on September 10, 2015, for the Main Street Library ADA Restroom Project, MSC-495 City Council action is requested to award a construction contract to Dalke & Sons Construction, Inc, the lowest responsive and responsible bidder Financial Impact Funds in the amount of $125,230 are available in Community Development Block Grant Account number 86381501 82000 Recommended Action A) Accept the lowest responsive and responsible bid submitted by Dalke & Sons Construction, Inc in the amount of $81,650, and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney Alternative Action(s) Reject all bids and provide staff with alternative direction Analysis The Main Street Library was constructed prior to the adoption of Federal and state mandates collectively known as the Americans with Disabilities Act (ADA) and lacks accessible restrooms Public Works is the recipient of Community Development Block Grant funds for the design and construction of one new unisex, accessible restroom in an area previously utilized for storage and sales of used books Because the Main Street Library is a designated historic structure fisted on the National Register, the State Office of Historic Preservation reviewed the project plans and found no adverse affect Item 10. - 1 HB -3 1 4- Dept ID PW 15-063 Page 2 of 2 Meeting Date 10/5/2015 Bids were opened publicly on September 10, 2015, and the bid amounts are listed below Bidding Contractor Submitted Bid Amount Dalke & Sons Construction, Inc $81,650 00 NR Development, Inc $98,500 00 ABNY General Engineering $103,000 00 R Dependable Const Inc $104,500 00 Avaz Construction, Inc $111,500 00 Corral Construction & Development Inc $116,000 00 Line Tech Contractors $124,500 00 Everlast Builders, Inc $155,000 00 The architect's estimate for the project was $114,000 The total project cost is estimated to be $93,898 which includes the construction contract, project management, construction contingency and supplemental expenses Staff received positive references and found favorable experience on comparable projects from other agencies for Dalke & Sons Construction, Inc Based on this information, staff recommends awarding a contract to Dalke & Sons Construction, Inc Public Works Commission Action: Reviewed and approved by Public Works Commission on April 15, 2015 (7-0) Environmental Status Reviewed by State Historic Preservation Office with finding of no adverse affect on September 25, 2014 Strategic Plan Goal Enhance and maintain infrastructure Attachment(s) None HB 15- Item 10. - 2 MSC 495 BID OPENING DATE: September 10, 2015 TIME: 2:00 P.M. Listed in Order Opened No. Bidder Name Bid Amount ykl� f V 12523 000lot /�nlcytiJ /r�C' -zl O oo 36A-)S 00A)�fz.�� k /0��, �a �cx) ,P12- a/ice SECTION A NOTICE INVITING SEALED BIDS for the construction of HUNTINGTON BEACH MAIN STREET LIBRARY ADA RESTROOM MSC-495 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on Septemberl0, 2015. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $40.00 nonrefundable fee if picked up, or payment of a $55.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery) Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648 This is a Community Development Block Grant (CDBG) project and Davis -Bacon and the Federal Regulations will be enforced Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263 The Contractor shall be beneficial owner of the surety and shall receive any interest thereon The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on A-1 the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY All extension of unit prices will be subject to verification by the AGENCY In case of a variation between the unit price and the extension, the unit price will govern A mandatory pre -bid meeting and walk-through of the site will be held on Tuesday, September 1, 2015 at 10 00 am (meet on site), for the purpose of reviewing bid documents, receiving bidder questions and reviewing the site Project Description This CDBG project will provide the construction of one unisex ADA accessible restroom in the city's Main Street Branch The location map is included in the Appendix along with Contractor guidelines and provisions to meet all Federal requirements • The contract shall allow the Contractor 42 working days to complete the contract • The architect's estimate of probable construction cost for the work included in the basis of award is $114,000 The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 2nd day of September 2014, by Resolution No 2014-69. Attest Joan L Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH CJ Esparza, Patty From: Jubinsky, Debra Sent: Thursday, August 06, 2015 7 54 AM To Esparza, Patty Subject: REVISED Notice Inviting Sealed Bid Attachments: MSC-495 Notice Inviting Sealed Bids docx, MSC-495 Notice Inviting Sealed Bids pdf Dear Patty, Please disregard my email from yesterday at 4 59 p m This is the official revised request for publication of the attached revised Notice Inviting Sealed Bid (I had to change the job walk date to accommodate a 3d publication date) Please publish on the following dates Thursday, August 13, 2015 Thursday, August 20, 2015 Thursday, August 27, 2015 The bid opening is still scheduled for Thursday, September 10 at 2 00 p m Sorry for any confusion or inconvenience Call me if you have questions, need clarification or need me to bring you hard copies Thank you, Debra Jubinsky, Sr. Administrative Analyst City of Huntington Beach Public Works phone 714-374-5321 fax 714-375-5099 Esparza, Patty From: David Ward [DWard@ocregister com] Sent: Thursday, August 06, 2015 1140 AM To: Esparza, Patty Subject: RE Legal ad for the Huntington Beach Wave Hello again Patty Here is your proof and cost Have a good afternoon and upcoming weekend Ad#10078743 Run Dates 8/13, 8/20 & 8/27 Cost $549.45 PROOF SECTION A NOTICE INVITING SEALED BIDS for the construction of HUNTINGTON BEACH MAIN STREET LIBRARY ADA RESTROOM MSC-4l95 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92-648, up to the hour of 2:00 PM on September 10, 2015. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon pay- ment of a $40.00 nonrefundable fee if picked up, or payment of a $55.Y0 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Any contract entered into pursuantto this notice will, incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Re- lations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, This is a Community Development Block Grant (CDBG) project and Davis -Bacon and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of he Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. he AGENCY will deduct 59,o retention from all progress payments The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shal[ receive any interest thereon. he AGENCY hereby affirmatively ensures that min onty business enterprises will be afford- d full opportunity to submit bids in response to this notice and will not be discriminated gainst on the basis of race, color, national origin, ancestry, sex, or religion in any consid- ration leading to the award of contract :) bid shall be considered unless it is prepared on the approved Proposal forms in con- rmance with the Instructions to Bidders as determined bar the AGENCY The bid must be rcompanied by a certified check, cashier's check, or bidder's bond made payable to the 3ENCY for an amount no less than 10% of the amount bid The successful bidder shall y licensed in accordance with provisions of the Business and Professions Cade and shall assess a State Contractor's License Class A at the time of the bid opening. The success- [ Contractor and his subcontractors will be required to possess business licenses from e AGENCY All extension of unit prices will be subject to verification by the AGENCY In ise of avariation between the unit price and the extension, the unit price will govern. mandatory pre -bid meeting and walk4hrough of the site will be held on Tuesday, Sep- mber 1 2015 at 10:00 am (meet on site), for the purpose of reviewing bid documents re- viving bidder questions and reviewing the site. rout Description: This CDBG project will provide the construction of one unisex 3A accessible restroom in the city's Main Street Branch The location map is included in e Appendix along with Contractor guidelines and provisions to meet all Federal require- ents. The contract shall allow the Contractor 42 working days to complete the contract The architect's estimate of probable construction cost for the work included in the basis award is $114.000. AGENCY reserves the right to reject any or all bids, to waive any irregularity and to all bids under advisement for a maximum period of 60 days Y ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the nd day of September 2014, by Resolution No 2014.69. ttest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH ublished: The Huntinaton Beach Wave Aucaust 13, 20, 27, 201510078743 ill; ll ZEST>ER _ P. 14.995.6'764 F. 7@4.349.2924 r i L From: Esparza, Patty [mailto•PEsparza@surfcity-hb org] Sent: Thursday, August 06, 2015 10:58 AM To: David Ward Subject: Legal ad for the Huntington Beach Wave Importance: High Hi again: Attached is another legal ad for the Huntington Beach Wave that must be published 3 weeks in a row- 1 Thursday, August 13, 2015 2 Thursday, August 20, 2015 3 Thursday, August 27, 2015 Please confirm when time permits —thanks again Patty Esparza, CNC Senior Deputy City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 536-5260 o v,-Q w rii .V38 NOIDNIiNn 30 A i#o 00 :Z Wd 01 d3S SIR zo—� a-<o tor- UNSUCCESSFUL BIDS MSC-495 Main Street Library ADA Restroom Upgrade City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-522-7 ® www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk November 19, 2015 Abny General Engineering, Inc 200 N Minnesota Ave #4 Glendora, CA 91741 RE Main Street Library ADA Restroom Upgrade—MSC-495 Enclosed please find your original bid bond for MSC-495 Sincerely, vA Joan L Flynn, CIVIC City Clerk JF pe enclosure Sister Cities Anjo, Japan ® Waitakere, New Zealand 1)otjy gcnelra� y-jQP (I yt 20 o W d, o^ t 5 ot-A A\/ G1et\do(A, cr) 9/7Lt) RECEIYED 2D15 SEA' 10 CITY CLERK CITY Gil: !: 4TN(')TGH Bl� & rll for the construction of HUNTINGTON BEACH MAIN STREET LIBRARY ADA RESTROOM MSC-495 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices The undersigned agrees to complete the work within 42 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 proposal of �_in the amount of $_ Accompanyingthis ro osal of bid, find � �' o � which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be) Bidder shall signify receipt of all Addenda here, if any Addenda No. Date Received Bidder's Signature C-2 Huntington Beach Main Street Library ADA Restroom Upgrade MSC-495 Item No. Item Bid Amount in Figures 1 MSC-495 Main Street Library ADA Restroom Upgrade Construct ADA restroom improvements per plans and specifications $ 1031 n 0 t7 Total Bid Amount $ Total Bid Amount in Words (N F k u n d o A -t-� a Q -f %t a u S a V%J do I tar S C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract 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 furmshed copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 11 Ill at G (eNAt) fa Date City State !�;aw,4 , being first duly sworn, deposes and says that he op -she is P fes-'JeKt of ruo twe r, the parry making the foregoing bid that the bid is not made in the interest of, or on the beha f 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 V. - of Bidder Signature of Bidder 2dd/1� /''��nAeSofia Address of Bidder 917 41 C-5 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 CITY OF HUNTINGTON BEACH MAIN STREET LIBRARY ADA RESTROOM UPGRADE, MSC-495, (I)(we)(rt) 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 Adrmnistrative Code, Section 2700, as follows "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein Date�9/�� i i ► _ ' ♦ ♦, Contractor • By &O 5u e n t Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes • �No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire C-7 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• Contractor By r(m*jehfi Title C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct 200 ►i tCant5-0-fA A'le ti Business Address Cif 9179 ) City, State Zip (42�) 69� _ 20 n Telephone Number 979 :3157 State Contractor's License No and Class Date Issued 9 Exira ion Date The work site was inspected by P,,5cI'j R 4 t of our office on ql/ I , 2015 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. AAIVY Ger,V�C a I CK3-a �. r Company Name Signature of Bidder 15/G4,in P �% �,o !n � b a Printed or Typed Signature Subscribed and sworn to before me this -L day of , 201� NI NOTARY PUBLIC Bidder's Project History NOTARY SEAL For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of curb ramps with. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. 01.1D P C:I ,,M:G''o.1 5cL„al (D s� c� Name and Address of Public Agency Name and Telephone No. of Project Manager: - Q h ; u 90e4d; A%kt? - 7714 - Q734410 Con act Amount r 'hype of Work Date Completed Provide additional project description to show similar work: D!. no -A) Seers Lea,rnl Cen"fiQ,- C-t o ACKNOWLEDGMENT 7attached, lic or other officer completing this rifies only the identity of the individual he document to which this certificate is d not the truthfulness, accuracy, or vaiiat document State of California Orange County of Onbefore me, Asia Young, Notary Public (insert name and title of the officer) personally appeared W 0,\\ who proved to me on the basis of satisfactory evidence to be the personks) whose names) isle subscribed to the within instrument and acknowledged to me that helsheAhey executed the same in hislherheir authorized capacity(ioe", nd that by hislherfttreir signature(e)-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 AStA J. YOUNG Conmnisslon * 2002370 WITNESS my hand and official seal z • Notary public • California Orange County s+� M1, Comm, Expires Oee 29. Mill • - - WAS Name— Address of Public Agency Name and Telephone No of Project Manager C)tta-j, o Alo %/a Contract Amount TYPE of Work Date Provide additional project description to show similar work a JOV#tly I la koaS4 E S 3 SQn A/ ara�.�ltto_��y (f i l,� Se�anl ,C Name and Address of Public Agency Name and Telephone No of Project Manager 7%J 9 31 0 ��1 ContractAmount �Ty�'e of Work Date Completed Provide additional project description to show similar work FAI C-11 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years These projects do not have to be under the employment of the bidder of this project Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein tiaa2n ia& ba - Name of proposed Project Manager Telephone No of proposed Project Manager 2� 69— 2020 Project Name & Contract Amount Type of Work 'Date Completed C10vet la rS 1 K151,o0 Project Name & Contract Amount Type of Work Date Completed Proj ect Name & Contract Amount Type of Work Date Completed 2 dadin GocreA Name of proposed Superintendent Telephone No of proposed Superintendent � 2� � 2 :7 _ �7/ 3 Project Name & Contract Amounf Type of Date'Completed C10VQ,(& %a .$' ��i� on o 12f 2a ly Project Name & Contract Amount Type of Work Date Completed 0OV Project Name & Contract Amount ' Type of Work Date C-12 DIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED 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 requiremnents 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 2o Z n Signed Date 919 / 1 *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-13 BID BOND KNOW ALL BY THESE PRESENTS, That we, Abny General Engineering, Inc of 200 N Minnesota Ave #4, Glendora, CA 91741 (hereinafter called the Principal), as Principal, and The Ohio Casualty Insurance Company (hereinafter called the Surety), as Surety are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) in the penal sum of 10% of Bid Amount Dollars (10% of Bid Amount for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Huntington Beach NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void, otherwise to remain in full force and effect Signed and sealed this 2nd day of August Witness Witness 2015 Abny General Engineering, Inc 5a4"A N 10 Xn �n a a (Sea]) Principal Pre 5-deyst Title The Ohio Casualty Insurance Company By Cynthia J un 10 Attorney -Fact MY INS& . CO- jXP0/+�r 2 0Z1919�0 , tr 0 s HaMQS��da3 LMS-10053 10/99 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California ss County of San Bernardino ) On September 2, 2015 before personally appeared Cynthia J Young Name and Title of Officer (e g , "Jane Doe Notary Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of LAURIE B DRUCK the State of California that the foregoing paragraph is Commission # 1982312 z true and correct Notary Public - California z Z - a D z �'.�� ' San Bernardino County My Comm Expires Jul 14 2016 WITNESS my hand and official seal Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name O Individual O Corporate Officer Title O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other Signer is Representing Number of Pages Top of thumb here THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated Certificate No 7048493 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmencan Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Cynthia J Young, Frances Lefler Jay P Freeman Laurie B Druck Pamela McCarthy, Susan C Monteon all of the city of San Bernardino , state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 7th day of July , 2015 N0CAs jv INSU �tNSUq p%NSUq �4,P�,�ra2gr �9�� vJPwOR°ORq.�A2� ;JPt��POflgr'�J�✓�f' �2��'P (�vPoljgr'.CR` a 1906 0 0 7919 n 1912 ° 1991 at g� Wyss c 5 2 "Yd,"4gMC5 *C1 .�tii ++AtAFh �� J SCNU� \- is �IANs. STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY American Fire and Casualty Company The Ohio Casualty Insurance Company �► Liberty Mutual Insurance Company West mencan Insurance Company c m By > David M Care , Assistant Secretary C On this 7th day of July , 2015 , before me personally appeared David M Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written �gP ppsT� r+w COMMONWEALTH OF PENNSYIVANIA�� Q �go�� Notarial Seal tiw 0 yx y Teresa Pastella Notary Public By OF Plymouth Twp , Montgomery County Teresa Pastella, Notary Public \Q My Commission Expires March 28 2017 2'SYt.�Pa�G Member Pennsylvania Association of Notaries �qRY PVg This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance m p Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows r W ARTICLE IV- OFFICERS - Section 12 Power of Attorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O r- to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,,+ acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attorneys -in -fact, subject to the limitations set forth in their respective 3 powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation When so m executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attorney -in -fact under > o the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority = �, N ARTICLE XIII - Execution of Contracts - SECTION 5 Surety Bonds and Undertakings Any officer of the Company authorized for that purpose in writing by the chairman or the president, o0 and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, L- M seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attorneys -in -fact subject to the limitations set forth in their O respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so 00 executed such instruments shall be as binding as if signed by the president and attested by the secretary O �? Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M Carey, Assistant Secretary to appoint such attorneys -in- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed I, Gregory W Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true andcorrect copy of the Power ofAttomey executed by said Companies, is in full force and effect and has not been revoked �}} (i / 20 S IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies thi57r� -1. day of } ALS JP�o�ngq (j'f4 JP��v�Uq�,` t�N iNSUgg1 n a 1906 0 1919 n 1912 0 ¢ 1991 By o r s a Gregory W Davenport, Assistant Secretary oyi`hnrtFs�e �aa� gJr�rSn�rN>ty<`� \3 �_lawc. 2 182 of 500 LMS 12873 122013 City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ,0 www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk November 19, 2015 Avaz Construction, Inc 22704 Ventura Blvd , Ste 286 Woodland Hills, CA 91364 RE Main Street Library ADA Restroom Upgrade—MSC-495 Enclosed please find your original bid bond for MSC-495 Sincerely, Joan L Flynn, CMC City Clerk J F pe Enclosure Szster Cztzes Anjo, Japan 0 Wartakere, New Zealand ;37cE ti1� �r p 10 P 1 3s CLERK L47 Y OF 11WITINGTOti 13EACH SECTION C ria-1.1XIMN&M-1 for the construction of HUNTINGTON BEACH MAIN STREET LIBRARY ADA RESTROOM MSC-495 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices The undersigned agrees to complete the work within 42 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 0 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 Si ture C-2 PROJECT BID SCHEDULE Huntington Beach Main Street Library ADA Restroom Upgrade MSC-495 Iteina►No. _ FIfein Bid,Amount-in-Fi gees 1 MSC-495 Main Street Library ADA Restroom Upgrade Construct ADA rstroom improvements per plans and specifications $ Total Bid Amount $ -- Total Bid Amount in Words Ora C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor Bid Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract ^4 o o i k� 1 1 By submission of this proposal, the Bidder certifies That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of pequry under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on --/o-i5-; at �,�, [�-1,�c� , Date City State r405/7., IkIA Z,, being first duly sworn, poses and says that he or e is of jAVA2 G� �i? o�.�.� c_. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham, that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. -Z, O r 5 �x T"j C. Name of Bidder S ture de byo0, t, /_,awn A-, to . Address of Bidder C-5 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 CITY OF HUNTINGTON BEACH MAIN STREET LIBRARY ADA RESTROOM UPGRADE, MSC-495, (I)(we)(rt) 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 / t // r C-6 ,4 2_ (1, ��) C Contractor By i e 14 Eft Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes KN o If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date C-8 Contractor Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct AVA2,c', ��,,X�, ti c-- - Bidder Name kl&zV `wA )-,�i vi), Za � Business Address /,4/97EZA.,,jLs da-� City, State Zip (olye) " � � /tq-- /�2 Telephone Number State Contractor's License No and Class t — %_- Original Date Issued I--3a -2� Expiration Date The work site was inspected by t4kMi2' 11 fl-,of our office on 9 — k — I , 20I5:.— The following are persons, firms, and corporations having a principal interest in this proposal XArVq/�/ 2 ,/ Azi6q,f 5e, 16 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 AVA-z- Printed or Typed Signature Subscribed and sworn to before me this __Lk day of , 201.C. NOTARY PUBLIC NOTARY SEAL Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of curb ramps with Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years Name and Address of Public Agency Name and Telephone No. of Project Manager. Contract Amount Type of Work Date Completed Provide additional project description to show similar work C-10 CALIFORNIA JURAT WITH AFFIIANT STATEMENT GOVERNMENT CODE § 8202 ASee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No 1 Signature of Document Signer No 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Z'qS110nefA0 SHAROUNA DANIALI a rle� Commission # 2068760 Z Notary Public - California z zb — yuun[y My Comm Expires s Jun 5, 2018 Subscribed and sworn to (or affirmed) before me on this 10 day of zu� by Date Month Year (1) k0m Z /I/l a 2 kCi- (and (2) ), Name(4 of Signeflg� proved to me on the basis of satisfactory evidence to be the person) who appeared before me Signature Signature of Notary Public Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: 02014 National Notary Association • www NationalNotary org • 1-800-US NOTARY (1-800-876-6827) Item #5910 2. Name and Address of Public Agency Name and Telephone No of Project Manager. Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed Provide additional project description to show similar work• C-11 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years These projects do not have to be under the employment of the bidder of this project Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. I 2 Name of proposea rrojeci ivianager Telephone No. of proposed Project Manager Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Name of proposed Superintendent Telephone No of proposed Superintendent Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed C-12 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED 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 requiremnents 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 'A \1A 2 - Ilt LA. / D..,/ , i`J�-• Contact Person �,�,,� r✓I i Z ��ii, Contact Phone'1-- Signed Date -- l rz- Z D l�' *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-13 City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 960-8845, Fax (714) 375-5099 For MAIN STREET LIBRARY ADA RESTROOM UPDGRADE, MSC 495 in the CITY OF HUNTINGTON BEACH Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) QUESTIONS AND ANSWERS 2) UPDATED PREVAILING WAGE DETERMINATIONS This is to acknowledge receipt and review of Addendum Number One, dated se ember 3, 205 I 11A7- Company Name By E Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845 within 1 business day of posting. I I MSC-495, Addendum No. 1 Page 1 a City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 960-8845, Fax (714) 375-5099 For MAIN STREET LIBRARY ADA RESTROOM UPDGRADE, MSC 495 in the CITY OF HUNTINGTON BEACH Notice To All Bidders Please note the following clarification to the Project Plans, Specifications, and Special Provisions: RESPONSES TO THREE QUESTIONS FROM PROSPECTIVE BIDDER. Question#1 May we use 20 gauge metal studs for walls, ceilings and soffit? Response#1 Bid wood framing as per plan. Question #2 Will the subcontractors need to get performance and payments Bonds or will the General Contractors bond cover all work'> Response #2. subcontractors do not need to provide City with bonds. Question #3: At the D obwalk it was said the a [ sic] ramp at the back door to the parking lot. A note said to match existing. Response#3. Correction: There is no ramp at back door parking lot; bid per plan. This is to acknowledge receipt and review of Addendum Number Two, dated September 3< 1 Company Name By Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845 within 1 business day of posting MSC-495, Addendum No. 2 Page 1 19709 Ventura Blvd. # 203 Woodland Hills, Ca 91364 Tel 818 406 1472 Fax- 818.638 1462 E-mail avazconstructionggmail com References List of Completed Projects 1- Project: Carport Structure Repair Project Value $ 59,102 Owner City of Arcadia Address 11800 Goldring Rd, Arcadia, Ca 91007 Contact Person Dave McVey Tel 626 256 6664 Completed August/2015 2- Project: Trellis Beam Repair at the Newport Transportation Center, IFB 4-1734 Value $ 39,285 Owner Orange County Transportation Authority Address 1550 Avocado Ave, Newport Beach, Ca 92660 Contact Person Jim Khan Tel 714 560 5868 Completed June/2015 3- Project: John C. McTaggart Memorial Hall and Council Chambers Interior Improvements Value $ 92,570 Owner City of Rancho Palos Verdes Address 30940 Hawthorne Blvd , Rancho Palos Verdes, Ca 90275 Contact Person Lucho Tel 805 795 3892, 310 544 5254 Completed Jan/2015 4- Project: ABC-1400 Beam Replacement at Cerritos Elementary Value $ 35,592 Owner ABC Unified School District Address 16700 Norwalk Blvd , Cerritos, Ca 90703 Contact Person Robert Key Tel 562 254 5031 Completed Nov/2013 5- Project: Oak Creek E. School, Irvine USD Value $ 338,200 Owner Irvine USD 100 Nightmist Irvine, Ca 92618 Contact Person Kevin Behnam Tel 949 874 6416 Page 1 of 5 Completed Jan/2012 6- Project: Site Work & Utilities for Reloadable Classroom Replacement at Oak Park High School Value $ 424,520 Owner Oak Park Unified School District Address 5801 E Conifer Street, Oak Park, CA 91377 Contact Person Mr Dennis Kuykendall Tel 805 574 9131 Completed Jan/2011 7- Project: Lincoln E. School Child Development Center Demolition & Grading Value $ 171,593 Owner Redondo Beach Unified School District Address 2223 Plant Ave, Redondo Beach, CA 90278 Contact Person Mr Gregory Andersen Tel 310 379 3512 Completed May/2011 8- City of Los Angels a Project Owner City of Los Angeles, Parks & Recreation b Owner Address 200 N Spring Street, 23rd Floor, Room 2305, Los Angeles, CA 90012 c Project Name Brand Park Community New Building d Project Location- 15121 S. Brand Blvd Mission Hills, Ca 91345 e Contact Person Mr Neil Drucker f Tel . 213 923 5982 g Contract Amount $1,753,707 h. Completed Nov/2011 9- Lynwood Unified School District Please see attached reference letter i Project Owner Lynwood Unified School District J Owner Address: 11321 Bullis Road, Lynwood, CA 90262 k Project Name: Will Rogers E School Remodeling and renovation to Administration Building & Fire Alarm 1 Project Location 11220 Duncan Avenue, Lynwood, CA 90262-3041 in. Contact Person Mr Ramon Roxas n Tel 310 886 1507 o Contract Amount- $1,443,950 47 2- Los Angeles Community College District Please see attached reference letter a Project Owner Los Angeles Community College District b Owner Address 770 Wilshire Boulevard Los Angeles, CA 90017-3719 c Project Name Behavioral Science Ctr & Campus Ctr Remodeling and Upgrading d Project Location 5800 Fulton Avenue, Valley Glen, CA 91401 e Contact Person: Mr Mitch D. Vaccan f Tel 818.756 0950 g Contract Amount $1,022,152 10- California State University of Los Angeles Page 2of5 a b c d e. f g h Project Owner California State University Los Angeles Owner Address: 5151 State University Drive Los Angeles. CA 90032 Project Name- Auditorium, New Stage & Orchestra Pit lift Project Location. 5151 State University Drive Los Angeles. CA 90032 Contact Person: Mr Ali Izadian, Director of Facilities Tel • 323.343 5776 Fax: 323.343.5788 Contract Amount $457,364 11- City of Burbank- Tuttle Adult Center a. Project Owner City of Burbank b. Owner Address. 275 E Olive Avenue, Burbank, CA 91502 c Project Name. Tuttle Adult Center. New Addition to Adult Center Building d Project Location- 1731 North Ontario Street. Burbank, California 91510-6459 e Contact Person Erick Strum- BOA Architects f Tel.. 310 832 2681 g. Fax 310 8314656 h. Contract Amount- $352,146 12- Hacienda La Pointe USD a Project Owner Hacienda La Puente Unified School District b Owner Address 15959 E. Gale Avenue. City of Industry, CA 91716 c Project Name: Workman E School Modernization Phase "B" d Project Location 16000 Workman St., La Puente, CA, 91744-4738 e. Contact Person. John Perez f Tel 626.839.9300 g Contract Amount $736,000 13- Los Angeles Community College District a. Project Owner. Los Angeles Community College District b. Owner Address. 770 Wilshire Boulevard Los Angeles, CA 90017-3719 c Project Name Los Angeles Pierce College. Modernization of Cinema Lab & New Portable Office Building d. Project Location 6201 Winnetka Avenue Woodland Hills, CA 91371 e. Contact Person: Toni Sanger f Tel. 213.593 8471 g Contract Amount: $815,723 7- Las Virginias USD a Project Owner: Los Virgenes Unified School District b Owner Address 4111 N Las Virgenes Rd., Calabasas, CA91302 c Project Name Agoura High School Science Lab Renovation d Project Location: 28545 Driver Avenue, Agoura Hills, CA 91301 e. Contact Person Ronda Bacot f Tel 818 878 5274 g. Fax. 818 880 4200 Page 3 of 5 h Contract Amount 498,000 8- Whittier Unified High School High School District a. Project Owner. Whittier Union High School District b Owner Address: 9800 Mills Avenue Whittier, CA 90604-1030 c Project Name Whittier High School Building "MN" d Project Location 12417 E Philadelphia St Whittier, California 90601 e. Contact Person Mr Doug Orndorff f Tel . 562 698 8121 g Contract Amount $ 8695000 9- Whittier High School High School District a Project Owner Whittier Union High School District b Owner Address: 9800 Mills Avenue. Whittier, CA 90604-1030 c. Project Name: Whittier High School Building "S" d Project Location: 12417 E Philadelphia St Whittier, California 90601 e Contact Person Mr Doug Orndorff f Tel.: 562 698.8121 g Contract Amount: $ 968,000 10- Whittier Unified High School District a Project Owner- Whittier Unified High School District b Owner Address. 9800 Mills Avenue Whittier, CA 90604-1030 c Project Name. Whittier Unified High School District Building "R" d Project Location- 9401 S Painter Avenue Whittier, CA 90605 e. Contact Person Doug Orndorff f. Tel 562 698 8121 g Fax 562. 693 5371 h Contract Amount- $ 768,542 11. LAUSD a Project Owner: Los Angeles Unified School District b Project Names 1 Coliseum E School Safety & Technology $628,000 completed 2000 2. Frost M School Modernization of Adm. building and Bridges 424,000 completed 1998 3. Topeka E School New Arcades $286,000 completed 1994 4. Sutter M School, Earthquake Renovation $367,000 1994 c. Contact Person- Mr Vaheed Bulegam d Tel . 323 242.1300 12. UCLA a Project Owner: University of Los Angeles b Owner Address. 1060 Veteran Avenue, Los Angeles, CA 90095-1365 c. Project Name New School of Dentistry d Project Location UCLA, Campus e. Year Completed. 1996 f. Contact Name Page 4 of 5 g Tel 310 825.7015 Page 5 of 5 LYNWOOD UNIFIED SCHOOL DISTRICT SERVICE CENTER ` 1A1NTKNAN('E OPERATIONS & TRANSPORTATION 11300 Wnght Road, Lynwood, CA 90262 OFFICE (310) 603-1480 FAX (310) 605-0540 June 8, 2009 To whom it may concern. Re: Letter of Reference Tek-up Construction provided construction services for Lynwood Unified School District at Will Rogers Elementary School The project had a critical schedule that required the scope of work involved the renovation and remodeling to the classroom and library building and fire alarm to the several other building The total contract was $ 1,464,058 00 and to be completed within 54 calendar days after the commencement date of the work The challenging contract time for this project required careful planning and coordination amongst the trades to assure work was complete accordingly and on time Tek-up Construction diligently followed the scope of the work for all trades and per specification and plans allowing the construction of this project to progress smoothly. In addition Tek-up Construction managed to aggressively complete the project in time allowing the school district to have the school ready in time for the teachers and the students Tek-up Construction has proven to satisfy the critical needs of the client through professionalism and diligence representing high standards in providing construction services and would be recommended for such services We would definitely consider using Tek-up Construction for any future project Thank you, Ramon R s Facilities Manager rrox122aaol com 11321 Bullis Rd. Lynwood, CA 90262 310/898-3214 EMS •+aars�xo-�xw�n� w . wK a �w�w wrow Los Angeles Valley College Proposition A/AA Bond Pro;;r,am 58001 upon ANenue. valley (,Lett, (ahloi itta 91401 Telephone: (818) 756-0950 Fax: (818) 75'i-') 51 April 3, 2007 To Whom It May Concern Tek Up Construction piovided construction services in 2006 and 2007 for the Behavioral Sc et e and Campus Center Buildings at Los Angeles Valley College The project was divided into twc (2, chases of work Phase l tepresented a very aggressive schedule with a start date in early June '(,05 and a completion date in late August 2006 in ordei to occupy the classrooms before the start �)f th s next semester, Phase 2 allowed for additional time in late 2006 and early 2007 to install windows or the Behavioral Science Building Tek Up Construction was able to complete both Phases of work on time, which allowed the Col age to occupy both facilities This was a challenging trek as various trades were required to work side t y side to complete the work This iequired caieful planning and coordination amongst the tradc> to assure work was complete in a timely manner Should these be a need in the District or outside of the District for Tek Up Construction to p nfoi n in a similar manner with similar circumstances, Tek Up Construction has proven to respond to the ( ntical needs of the client in a very timely manner and would be recommended foi such services Sincerely, Mitchell D Vaccai i, CCM Project Director Los Angeles Valley College Libel MUtUjj.The Ohio Casualty Insurance Company SURETY BID OR PROPOSAL. BOND KNOW ALL MEN BY THESE PRESENTS, That we, Avaz Construction, Inc of 22704 Ventura Blvd Suite 286, Woodland Hills, CA 91364 (hereinafter called the Principal) as Principal, and The Ohio Casualty Insurance Company , with its principal office in the City of Keene , New Hampshire (hereinafter called the Surety), as Surety, are held and firmly bound unto The Ohio Casualty Insurance Company of 62 Maple Ave, Keene, NH 03431 (hereinafter called the Obligee) in the penal sum of ten percent of the total amount bid Dollars 10% 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, successors, and assigns THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has submitted the accompanying bid dated September 8, 2015 for Huntington Beach Main Street Libraa ADA Restroom MSC-495 NOW, THEREFORE, if the Obligee shall make any award according to the terms of said bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said bid and give bond for the fa.thful performance thereof within the time specified, or if no time is specified within thirty days after the date of said award, or if the Principal shall, in the case of failure so to do, indemnify the Obligee against any loss the Obligee may suffer directly arming by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void. otherwise to remain uz full force and virtue Signed, sealed and dated September 8, 2015 M The Ohio Casualty Insurance Company By David K Mahler (Attorney -in -Fact) S-137-Rev THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated Certificate No 7014550 N c �j L 0 L v 0 i C N t6 0 i y" 0 c°.4) (a4) im L i 4a 0 S L i O to � c i i 0 Z cOi American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmencan Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, David F Druml, David K Mahler all of the city of Foster City state of CA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 9th day of June 2015 NO cqs ZY INS iNsu iNsu American Fire and Casualty Company owoRgT Lq� U9qi��qy�o°➢c+tagNc' The Ohio Casualty Insurance Company z n Liberty Mutual Insurance Company <� 1906 0 1919 n r 1912 1991 .., �. = West American /Insurance Company * 1 * * * By STATE OF PENNSYLVANIA ss David M Care , Assistant Secretary COUNTY OF MONTGOMERY On this 9th day of June 1 2015 , before me personally appeared David M Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written 5� pgST COMMONWEALTH OF PENNSYLVANIA Q,ONW� �(C Notarial Seal FPlym.uth Pastella, Notary Public By OF Twp , Montgomery County Teresa Pastella, Notary Public sion Expires March 28 2017 �ytiyP mot' Member Pennsylvania Association of Notaries AFty Pv�y This Power ofAttomey is made and executed pursuant to and by authority of the following By-laws and Authonzations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows ARTICLE IV —OFFICERS — Section 12 Power of Attorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority ARTICLE XIII — Execution of Contracts — SECTION 5 Surety Bonds and Undertakings Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so executed such instruments shall be as binding as if signed by the president and attested by the secretary Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Authonzation — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed I, Gregory W Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this i l day of U , 20� EAo0 AS& JP�" 1(I NrS&���osvowaR, -- a 1906 C o 1919 n ¢ ° y il 2 o x 1912 1941 By W Davenport, Assistant Secretary MPN'*�'aD * i 0 vN W C L o c% Q M 0� � C 3� O E aC,3 No zo 0 C 4) �3 0V �,C4 L N M C � 00 vx- 0� f" T 51 of 100 LMS_12873_122013 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of San Mateo On September 8, 2015 Date before me, Soy Wong, Notary Public Here Insert Name and Title of the Officer personally appeared David K Mahler Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument 4.�:�ai azy'�yr SOY WONG Commission # 2051554 < -', Notary Public - California i z °`, San Mateo County My Comm Expires Dec 12, 2017 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 Signat re of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Number of Pages Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Other Signer Is Representing Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 7 ether Signer Is Representing 02014 National Notary Association • www NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk November 19, 2015 Corral Construction & Development, Inc 5211 E Washington Blvd , #2-122 Los Angeles, CA 90022 RE Main Street Library ADA Restroom Upgrade—MSC-495 Enclosed please find your original bid bond for MSC-495 Sincerely, Joan L Flynn, CIVIC City Clerk JF pe Enclosure Sister Cities Anjo, Japan 0 Waitakere, New Zealand Corral Construction & Development Inc 5211 B Washington Blvd. 2-122 Commerce, CA 90040 562-762-6632 Lic# 928805 corral constructkon@yahoo corn ,4-Z r `t• ' �- ^..,.� IY z 1 +x f.; l.,a - k ci+S - °'°;s r,. ruy. 1"- Mr 'ip�r s qr - _ ;a-� �•r t a z� ' r�� ,y r z a ��' �, r ' � :v ; r r.�� +$ e ` •d�+. ,r „� k�.� y'� _,� �, r`� "-" �aa�''��Z �' � � ' - � - �.a rek 5� - ; "' sr ,' .. �Z t• 'r.,^� ^n '.,. s �` i`v�21'�'�.. ', '`l'"r. a -'+ `C ,• , x+µ`� 1 , � a -#�. r ���a1i d . �r' ri„ 'Sf�_.r^..b� 7 i." fi '��, ad,y -5 's'i�1 b. �' s r' �.��,S,. 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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 42 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. AID Accompanying this proposal of bid, find g®t- 0 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 9 "3 l 5 2—�wbS f C-2 PROJECT BID SCHEDULE Huntington Beach Main Street Library ADA Restroom Upgrade MSC495 ro, 'k fte 1. MSC495 Main Street Construct ADA restroorn Library ADA Restroom improvements per plans and 00 $ Upgrade specifications 1(0 Doo, 01, Total Bid Amount Total Bid Amount in Words: C-3 00/10 Do LLAAS LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract 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-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and convect and that this declaration is executed on l !d 15- , at C,1hWMEP-6& , Date City State P1L Ja1U , being first duly sworn, deposes and says that he or she is V6t4r of CMAL CoPo-A c Vn4 .t 0&vt--Wz'E5ie 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 Signatur�-of Bidder Address of Bidder C-5 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 CITY OF HUNTINGTON BEACH MAIN STREET LIBRARY ADA RESTROOM UPGRADE, MSC-495, (l)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. 3 The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows S "Qualified Person: A person who, by reason of experience or instruction, is familtar 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 t o l l C-6 Contractor By yue-�Ac_rj/06---rr Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes *No If the answer is yes, explain the circumstances in the space provided Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date. q 110 1( S C-8 f Contractor By Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name G `� 5 X- r4 CN n_�1 Business Address Ck&VNnV--#/U CA- qL City, State Zip c 5(,z) 7 (63— (0�3 Telephone Number g2,SBOs (r , 1 C1-3-3 State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by of our office on� , 201 The following are persons, firms, and corporations having a principal interest in this proposal: C-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. Companv Name of Bidder pj5zlu &:F �oTb Printed or Typed Signature Subscribed and sworn to before me this _ day of , 201 _ . NOTARY PUBLIC NOTARY SEAL Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of curb ramps with. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: Name and Address of Public Agency Name and Telephone No. of Project Manager. �'r >(3r4 C1 i4 j $ 2,S�3 V 2c--> t -15,c a> tZemb� Contract Amount Type of Work Date Completed Provide additional 'project 'description to show similar work: C-10 DGM6L CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California ( ) County of ©A -Q 1,Q C, ) On &� ,Y11b}� 1 D °� before me, Il i )1 iQm�}G2 i C!n Lt/a S/16� Nn , !n%®+ r� f',lA,h (1 C Date Here Insert Name and Title of the Officer personally appeared e hee Sp' of S►gnero who proved to me on the basis of satisfactory evidence to be the person whose name is/A subscribed to the within instrument and acknowledged to me that he/s /t his/h /t it authorized ca acit i � Y executed the same in p y(i"s), and that by his/Vr/tty'�ir signatureVon the instrument the personfpr); 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 +r+� is true and correct ra WILLIAM KEITH WASHBURN Comndssion # 2116223 WITNESS my hand and official seal Notary Public - Callornia Los Angeles County My Comm. Expires dun 19 2019 Signatur r `� S►gnature of (Votary Public Place (Notary Seal Above OPTIONAL Though this section is optional, completing this ►nformation can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(les) Claimed by Signer(s) Signer's Name- 0 Corporate Officer — Title(s)- El Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other - Signer Is Representing 02014 National Notary Association • www NationalNotary org a 1-800-US NOTARY (1-800-876-6827) Item #5907 2. Ci (?-d�ta�l C� t.— Coo `ar`i Name and Address of Public Agency Name and Telephone No of Project Manager: ?C(L 0 (43 �o ° bg 7 � b�� ��� 20�5 i5b� Contract Amount Type of Work Date Completed Provide additional project description to show similar work: V)CA1rVVU i<u fps^°-S �r6 � J� FtAIC-1,9Q-, Of — Name and Address of Public Agency /� , ` Name and Telephone No. of Project Manager: A-,(, Pr�sw�T l�� `-'J `�67 4CU, cxI�s Gov wv(."A-�-.. ?-cam Contract Amount Type of Work Date Completed Provide additional project description to show similar work: v C-11 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. M t J., 01-t,1 -E��n Name of proposed Project Manager Telephone No. of proposed Project Manager: 5C,5-2- 57zz t CiLfa Uc, S5A I 5o)060 (3-� 2ery�-Qn0,,� --2-Ut S Project Name & Contract Amount Type of Work Date Completed Ct�Y 0-F U 0 5)0y-v-� a-U41-1 Zo �± Project Name & Contract Amount Type of Work Date Completed CVY1 nx-�<., arc, o C/�of-- �L� J'^c (toy -cam Project Name & Contract Amount Type of Work Date Completed 2. NHS ��� Name of proposed Superintendent Telephone No. of proposed Superintendent: 21 -�> 4% ` ' j� Lto Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed C-12 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED 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 requiremnents 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. �� ST'p� c h �,j $(emu Contact Person: S<� Contact Phone: Signed: Date- 1 �l *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-13 City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 960-8845, Fax (714) 375-5099 ADDENDUM NUMBER ONE For MAIN STREET LIBRARY ADA RESTROOM UPDGRADE, MSC 495 in the CITY OF HUNTINGTON BEACH SEPTEMBER 3, 2015 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) QUESTIONS AND ANSWERS 2) UPDATED PREVAILING WAGE DETERMINATIONS This is to acknowledge receipt and review of Addendum Number One, dated September 3, 2015. C//Yl-rZ✓t'L G�� ar pZ� P�n�► �Nc 45L% e, Company Name By Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845 within 1 business day of posting. MSC-495, Addendum No. 1 Page 1 City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 960-8845, Fax (714) 375-5099 ADDENDUM NUMBER TWO For MAIN STREET LIBRARY ADA RESTROOM UPDGRADE, MSC 495 in the CITY OF HUNTINGTON BEACH SEPTEMBER 8, 2015 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: RESPONSES TO THREE QUESTIONS FROM PROSPECTIVE BIDDER. Question #1 . May we use 20 gauge metal studs for walls, ceilings and soffit? Response#1: Bid wood framing as per plan. Question #2• Will the subcontractors need to get performance and payments Bonds or will the General Contractors bond cover all work? Response #2: Subcontractors do not need to provide City with bonds. Question #3: At the ] obwalk it was said the a [ sic] ramp at the back door to the parking lot. A note said to match existing. Response#3. Correction: There is no ramp at back door parking lot; bid per plan. This is to acknowledge receipt and review of Addendum Number Two, dated September 8, 2015 Company Name g(1ol,s- Date G'X�a By All bidders must acknowledge and include the receipt of this Addendum with your bid proposal Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845 within 1 business day of posting. MSC-495, Addendum No. 2 Page 1 %MY Western Surety Company BID BOND (Percentage) Bond Number 71703964 KNOW ALL PERSONS BY THESE PRESENTS, That we Corral Construction & Development, Inc. Of 5211 E Washington B1 , No 2-122, Los Anqeles, CA 90022 hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto city of Huntington Beach of 2000 Main Street, Huntington Beach, CA 92648 hereinafter referred to as the Obligee, in the sum of Ten ( l0 %) percent of the greatest amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Huntington Beach Main Street Library ADA Restroom MSC-495 NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee, or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void, otherwise to remain in full force and effect SIGNED, SEALED AND DATED this loth Form F5876 day of September 2015 Corral Construction & Development, In_c_.__ (Principal) By (Seal) Western,Suretv Company u rety) By (Seal) BLAKE A PFISTER Attorney -in -Fact Western Surety Compani POWER OF ATTORNEY - CERTIFIED COPY Bond No 71703964 Enow All Nlen By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company'), does by these presents make, constitute and appoint BLAKE A PFISTER its true and lawful attornev(s)-in-fact, with full power and authority hereby conferr ed, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for Principal Corral Construction & Development, Inc. Obligee City of Huntington Beach Amount $500, 000 00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Companv and duly attested by its Secretary, hereby ratifying and conE=ng all that the said attorney(s)-in-fact may do within the above stated hnutations Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect "Section 7 All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation The signature of any such officer and the corporate seal maybe printed by facsimile " All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of December 10 015 but until such time shall be irrevocable and in full force and effect In Witness Wheieof, Western Smety Company has caused these presents to be signed by its Vice President, Paul T Bruflat, and its corporate sgaj_tja:} affixed this 10th day of September 2015 S9i'i - - = .z--- WE8 SURE COMPANY Paul T ruflat, Vice President =-s-AV - ST !QF_a0UT$-2VC@fA l COITNI FT 40TAlu I ss On this 10th day of September in the year 2015 before me, anotary public, personally appeared Paul T Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and dee f saidra on +wwwwwwwwwwwwwwti..wwwwwwww + S. PETRIK `r NOTARY PUBLIC r iSEAL sEAL J otary Public -South Dakota r SOUTH DAKUrA r +wwwwwwwwwwwwwwwwwwwwwww + My Commission Expires August 11, 2016 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 10th day of September 2015 WEST qR SURE COMPANY Paul T fruflat, Vice President Form F5306-e-2012 City Of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk November 19, 2015 Everlast Builders, Inc 16654 Soledad Canyon Rd , Ste 302 Canyon Country, CA 91387 RE Main Street Library ADA Restroom Upgrade—MSC-495 Enclosed please find your original bid bond for MSC-495 Sincerely, Joan L Flynn, CIVIC City Clerk J F pe Enclosure Sister Cities Anjo, Japan 4 Waitakere, New Zealand VLHL, b 'lLlJL-HS,lNG HIS SEA' 10 ANIi:cI CITY CLERK CITY Ok HUATPiGTON BC,� Cki OFRU- O� OITY OLE)21f�— 12No�� ft)00 lv] Qi N S 1 , H U�JT-1 N&FD�A s �UI— q NTH N CiTP N i rf-I C N 101 H r�J VED LIPWO,V-�l Pd/ -- SECTION C PROPOSAL for the construction of HUNTINGTON BEACH MAIN STREET LIBRARY ADA RESTROOM MSC-495 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices The undersigned agrees to complete the work within 42 working days, starting from the date of the Notice to Proceed BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc , and will be guaranteed for a period of sixty days from the bid opening date If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void Accompanying this proposal of bid, find Bid Bond in the amount of $ 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 d 's Signature C-2 PROJECT BID SCHEDULE Huntington Beach Main Street Library ADA Restroom Upgrade MSC-495 ItemvNo., - Item z Bid Amountin,Fi tires- 1 MSC-495 Main Street Construct ADA restroom Library ADA Restroom improvements per plans and Upgrade specifications $ 155,000 Total Bid Amount $ 155,000 Total Bid Amount in Words One Hundred Fifty Five Thousand Dollars C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor Bid Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract Plumbing B-Plumbing 13741 Joaquin Lane Cerritos, CA 90703 693749 C-36 $50,000 33% 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-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of pequry under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 9t9t2015, at Canyon Country , CA Date City State Vasilis Tsangandes , being first duly sworn, deposes and says that he or she is President of Everlast Builders 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 Everlast Builders Inc Name of Bidder Signature o i er 16654 Soledad Cyn Rd # 302 Canyon Country, CA 91387 Address of Bidder C-5 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 CITY OF HUNTINGTON BEACH MAIN STREET LIBRARY ADA RESTROOM UPGRADE, MSC-495, (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- 9/9/2015 C-6 Everlast Builders Inc Contractor By Title President DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® 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-7 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 9/9/2015 C-8 Everlast Builders Inc Contractor By President - Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct Everlast Builders Inc Bidder Name 16654 SolPclad C;yn Rd # 309 Business Address Canyon Country CA 913687 City, State Lip 661 ) 299-2353 -- Telephone Number 857993 R. G-33 State Contractor's License No and Class 411312005 Original Date Issued 1.13U20115 Expiration Date The work site was inspected by GPnP Tnrralha of our office on September 9 , 201-5 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 Everlast Builders Inc Company Signature of Vasilis Tsangandes Printed or Typed Signature Subscribed and sworn to before me this _ day of , 201_ NOTARY PUBLIC NOTARY SEAL Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of curb ramps with Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years- 1 UCLA -1060 Veteran Ave, Los Angeles, CA 90095 Name and Address of Public Agency Name and Telephone No of Project Manager Vladimir Koshelev, 310-206-6353 $2,206,048 Refurbish/Remodel Bathrooms 2 Bldg UCLA Housing 6/2015 Contract Amount Type of Work Date Co Provide additional project description to show similar work DeNeve Bathroom Refurbishment Step 4 C-10 I 2. UCLA- 1060 Veteran Ave, Los Angeles, CA 90095 Name and Address of Public Agency Name and Telephone No of Project Manager- Vladimir Koshelev 310-206-6353 $2,106,364 Remodel/Refurbish Bathrooms 2 Bldg UCLA Housing 02/2015 Contract Amount Type of Work Date Completed Provide additional project description to show similar work• DeNeve Bathroom Refurbishment Step 3 3 Alum Rock UESD 2390 Gay Ave, San Jose, CA 95127 Name and Address of Public Agency Name and Telephone No. of Project Manager Louie Moran 626-592-3593 $1,325,000 Restroom Refurbishment pkg D 08/2015 Contract Amount Type of Work Date Completed Provide additional project description to show similar work C-11 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 VSee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not C ------- ---- ------------ Signature of Document Signer No 1 Signature of Document Signer No 12 (►f any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of N-O&i n)sr--tL rs NANCY E RUDE Commission # 2043361 i . ��► Notary Public - California z z ' Los Angeles County My Comm Expires Sep 29, 2017 Subscribed and sworn to (or affirmed)) before me on this q1- day of by Date (1) VAS��i (and rrt-d71ee-ik , 20A,5 , Month I Year Name(s) of Signer(s) proved to me on the basis of satisfac to be the person(s) who appeared Signature evidence :ore me Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. J Description of Attached Document Title or Type of Document: Document Date: 9 / 9 Number of Pages: Signer(s) Other Than Named Above: 02014 National Notary Association • www NationalNotary org - 1-800-US NOTARY (1-800-876-6827) Item #5910 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years These projects do not have to be under the employment of the bidder of this project Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein 1 Gene Torralba Name of proposed Project Manager Telephone No of proposed Project Manager 310-730-9545 UCLA-$2,206,048 Remodel/Refurbish Bathroom 06/2015 Project Name & Contract Amount Type of Work ' Date Completed UCLA-$2,106,364 Remodel/Refurbish Bathroom 02/2015 Project Name & Contract Amount Type of Work Date Completed Alum Rock UESD - $975,000 Restroom Refurbishments Project Name & Contract Amount Type of Work 2 Eric Sobremisana Name of proposed Superintendent Telephone No of proposed Superintendent. 661-299-2353 UCLA - $2,206,048 Refurbish/Remodel Bathrooms Project Name & Contract Amount Type of Work UCLA - $2,106,364 Refurbish/Remodel Bathrooms Project Name & Contract Amount Type of Work Alum Rock UESD Restroom Refubishment Project Name & Contract Amount Type of Work C-12 08/2015 Date Completed 06/2015 Date Completed 02/2015 Date Completed 08/2015 Date Completed BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED 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 requiremnents 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 Everlast Builders Inc Contact Person Vasilis Tsangarides Contact Phone tea 299=�5 Signed Date 2015 *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-13 INTERNATIONAL, FIDELITY INSURANCE COMPANY BOND NO EVEPA-897 BID BOND KNOW ALL MEN BY THESE PRESENTS That we, EVERLAST BUILDERS, INC., (hereinafter called the Principal), and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of NEW JERSEY, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, (hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars (10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for HUNTINGTON BEACH MAIN STREET LIBRARY ADA RESTROOM, JOBBID NO MSC-495, in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 3RD day of SEPTEMBER, 2015 IM R: Attorney-i Fact Tel '(973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of naving their principal Orrice in the Lary Or NewarK, New Jersey, tlo hereby constitute ano appoint HAMILTON KENNEY, RANDY SPOHN, MATTHEW R DOBYNS Santa Ana, CA their true and lawful attorneys) -in -fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of Indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s)In pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as ,f the same had been duly executed and acknowledged by their regularly elected officers at their principal offices This Power of Attorney ,s executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000 "RESOLVED, that (1) the President, Vice President, Chief Executive Officer or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligabons in the nature thereof or related thereto, and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation, and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed:" IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 22nd day of July, 2014 STATE OF NEW JERSEY County of Essex r+ 1936 ROBERT W MINSTER Chief Executive Officer (International Fidel, ty SYL�t��¢ Insurance Company) and President (Allegheny Casualty Company) On this 22nd day of July 2014, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, that the seals affixed to said instrument are the Corporate Seals of said Companies, that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies •,""„„I„t IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written •�,issioy� c' V NOTARY PURLIC y. Nh ra2o{9 � N'�4y,. aati�7 ��� A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 16, 2019 W" . CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth ,n said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and ,s now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 3rd day of September, 2015. MARIA BRANCO, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA County of ORANGE On September 3rd, 2015 before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared RANDY SPOHN ® who proved to me on the basis of satisfactory evidence to be the persons) whose name{) is/tee subscribed to the within Instrument and acknowledged to me that he/sire/" executed the same in his/heF/thetf authorized capacity 0*, and that by his/hef/the+f signature{} on the instrument the person s), or the entity upon behalf of which the persons) acted, executed the instrument. ERIKA GUIDO I COMM. # 2022671 NOTARY PUBLIC CALIFORNIA 3 ORANGE COUNTY ^' �� My Comm expires May 5. 2017 c I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha94 and official seal. of Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT City ®f Huntington Beach 2000 Main Street e Huntington Beach, CA 92648 (714) 536-5227 o www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk November 19, 2015 Line Tech Contractors 10541 Calle Lee, Ste 117 Los Alamitos, CA 90720 RE Main Street Library ADA Restroom Upgrade—MSC-495 Enclosed please find your original bid bond for MSC-495 Sincerely, —:Z; '_. Joan L Flynn, CIVIC City Clerk JF pe Enclosure Sister Cities Anjo, Japan ® Wartakere, New Zealand CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the construction of HUNTINGTON BEACH MAIN STREET LIBRARY ADA RESTROOM UPGRADE MSC 495 in the CITY OF HUNTINGTON BEACH d �TJ 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714)536-5431 BIDS DUE: September10, 2015 2:00 PM, 2ND FLOOR City Clerk's Office TRAVIS K. HOPKINS, DIRECTOR DEPARTMENT OF PUBLIC WORKS rn Q SECTION C PROPOSAL. for the construction of HUNTINGTON BEACH MAIN STREET LIBRARY ADA RESTROOM MSC-495 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 42 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 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 960-8845, Fax (714) 375-5099 For MAIN STREET LIBRARY ADA RESTROOM UPDGRADE, MSC 495 in the CITY OF HUNTINGTON BEACH SEPTEMBER 3, 2015 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) QUESTIONS AND ANSWERS 2) UPDATED PREVAILING WAGE DETERMINATIONS This is to acknowledge receipt and review of Addendum Number One, dated September 3, 2015. Y//0 WA/a Company Name glgI Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845 within 1 business day of posting. MSC-495, Addendum No.1 Page 1 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 960-8845, Fax (714) 375-5099 ADDENDUM NUMBER TWO For MAIN STREET LIBRARY ADA RESTROOM UPDGRADE, MSC 495 in the CITY OF HUNTINGTON BEACH SEPTEMBER 8, 2015 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: RESPONSES TO THREE QUESTIONS FROM PROSPECTIVE BIDDER. Question #1: May we use 20 gauge metal studs for walls, ceilings and sof fit? Response #1: Bid wood framing as per plan. Question #2: Will the subcontractors need to get performance and payments Bonds or will the General Contractors bond cover all work? Response #2: Subcontractors do not need to provide City with bonds. Question #3: At the j obwalk it was said the a [ sic] ramp at the back door to the parking lot. A note said to match existing. Response #3: Correction: There is no ramp at back door parking lot; bid per plan. This is to acknowledge receipt and review of Addendum Number Two, dated September 8, 2015. 1--1uP 7ne- Company Name Gj `p f 1 Z-yls Date /-'-YOWZ5G-7 I-0 u V_ �y All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845 within 1 business day of posting. MSC-495, Addendum No. 2 Page 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 P1V V�o+AV m 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 j 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 GJ� 3 /Zols C-2 PROJECT BID SCHEDULE Huntington Beach Main Street Library ADA Restroom Upgrade MSC-495 1-4 Wr, I MSC-495 Main Street Construct ADA restroom Library ADA Restroom improvements per plans and Upgrade specifications $ Total Bid Amount.., Total Bid Amount in Words rive, e4p !4VAJPP-P-p --rWE-Y-ty r�- C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor Bid Items) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract -'[ t I-EF- n � K- of Gdl�lgT�=+moo _ /069-1 W GYM-&�5, CA _ gP63 v 7/ 8353 L 33 5s, 000. 44 Y . 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-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 CITY OF HUNTINGTON BEACH MAIN STREET LIBRARY ADA RESTROOM UPGRADE, MSC-495, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows - "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: Lt&l,t_= T� Ge�t7P �S Con or By Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes OiNo 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-7 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 4, at C �g-s , �A ate City State � YI , being first duly sworn, deposes and says that he or she is aM of /SF— -me.N the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 1�CYG�l.1G-r y Y/ Name of Bidder Signature of Bidder 1aS4 I CALL E L-rF-, 4i1i7 "S. rrr s �a 9a� Address of Bidder PLEASE SEE .UTTACHED CERTIFICATE % - � — / () --1� . C-s CALIFORNIA ALL PURPOSE ,LPO ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document STATE OF CALIFORNIA COUNTY OF ORANGE On q% 13 , 2015 before me, Young Sam Choi Notary Public, personally appeared yak,< who proved to me on the basis of satisfactory evidence to be the person(,sl whose name( 1s are subscribed to the within instrument and acknowledged to me that lQshe/they executed the same in QVher/their authorized capacity(+es), and that by t is)her/their signatureA on the instrument the person(o, or the entity upon behalf of which the person(,�11 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. • :.', �• YOUNG SAM CHOI I ai 2 COMM ... 1970829 J NOTARY PUBLIC-CALIFORNIA -� ORANGE COUNTY 0 My Term Exp March 26, 2016 1 Signature • - (�_ (Seal) OPTIONAL Description of Attached Document Title or Type of Documenty )'7 �' /'Ie 0 In lii� Number of Pages: Document Date . _ a 4 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct - LINE TEC1( CmN7 W-5 Bidder Name Business Address ..ors (!: 14 . 9 o7Z-0 City, State Zip (7t4 ) 3G13 . 9-:�34 Telephone Number 5�Z3/Cl 5- C- /0,-.2-1>, 36 State Contractor's License No. and Class � /z7/ t989 Original Date Issued '22/3 1 /2---t-17 Expiration Date The work site was inspected by C444f our office on q / l , 201,E The following are persons, firms, and corporations having a principal interest in this proposal. C-9 F 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. Llt,,r 7E641 C-eI,4TA4G—/Vv'— '-- Company Signature m'i bi`lZf Y/ Printed or Typed Signature Subscribed and sworn to before me this t ° day of QJ-6b,e4- , 201' . PLEASE �SEE .'ATTACHED CERTIFICATE. NOTARY PUBLIC `c . q l NOTARY SEAL Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of curb ramps with Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. LDS CvLE-47F 816-rlIZ467 Name and Address of Public Agency Name and Telephone No. of Project Manager. OVAr 13, Sglo 2AS5 /'tl7 j.7✓V. 00 LL -ae-y--�CAt-- C?O X 176N,4--- %/?0�%1i�.7 Contract Amount Type of Work Date Completed / Provide additional project description to show similar work: vPOPlam. C-10 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document STATE OF CALIFORNIA COUNTY OF ORANGE On / , 2015 before me, Young Sam Choi Notary Public, personally appeared hyo" 5 Y. Y who proved to me on the basis of satisfactory evidence to be the person(*f whose name(VI(*are subscribed to the within instrument and acknowledged to me that 1 e she/they executed the same in Sher/their authorized capacrty(resj; and that by JT�jier/their signature(s) on the instrument the person(s), of 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 `414 YOUNG SAM CH01 COMM ... 1970829 n U =�NOTARY PUBLIC-CALIFORNIA ED ORANGE COUNTY W My Term Exp March 28, 2016 Signature Z(:�j ` (2— Seal) Daft 14 Description of Attached Document Title or Type of Document. A i OVri✓� lam. iJt✓{ -�Gn� Number of Pages: � Document Date . 4 A J� �' 2. d,l `f `r 6 F T©R- CfF- ( VkP A5- Name and Address of Public Agency Name and Telephone No. of Project Manager: G�lrl �ij�.�16.�299 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: i it Name and Address of Public Agency Name and Telephone No. of Project Manager: A64, t2wo-- T. I o�/zags Contract Amount Type of Work Date Completed Provide additional project description to show similar work: rf--eM t-4S/ Fi:5-2 "e-W C-11 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. Name of proposed Project Manager Telephone No. of proposed Project Manager. Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount 2. Type of Work Date Completed Name of proposed Superintendent Telephone No. of proposed Superintendent - Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed C-12 Completed Project History of Christopher Chun Name of Pro ect Work Position Project Description Project Amount 99c Only Store -Pomona PM Ass Retail Store IT Renovation at Pomona, CA $ 800,000 00 99c Only Store -Carson Retail Store IT Renovation at Carson, CA $ 1,200,000 00 99c Only Store -Corona Retail Store IT Renovation at Corona, CA $ 1,150,000 00 99c Only Store-Menifee Retail Store IT Renovation at Menifee, CA $ 1,700,000 00 JOC at Cal Poly, San Luis Obispo Project Manager Paving Alteration $ 3,000,000 00 Fire Proofing Installation at Performance Art Center Flood Remediation Smart Classroom Renovation Wireless Installation at Housing Parking Lot Root Damage Repair Resurface Tennies Courts City Hall of Lynwood Superintendent Replace HVAC System at main Lynwood City Hall $ 320,000 00 O C Jail -Theo Lacy Facility Superintendent Replace HVAC Roof Exposed Duct Replacement at Theo Lacy Facility $ 475,000 00 City of Inglewood Project Manager Residential Sound Insulation Program - Phase 8, Group 3 $ 991,000 00 Los Angeles World Airport Project Manager Residential Sound Proofing Program - Phase 13, Group 9 $ 1,384,000 00 Residential Sound Proofing Program - Phase 12, Group 8 $ 960,000 0D Residential Sound Proofing Program - Phase 12, Group 3 $ 1,710,000 00 Residential Sound Proofing Program - Phase 11, Group 8 $ 701,000 00 Residential Sound Proofing Program - Phase 11, Group 6 $ 890,000 00 Residential Sound Proofing Program - Phase 10, Group 10 $ 1,020,000 00 Residential Sound Proofing Program - Phase 10, Group 7 $ 671,000 00 Residential Sound Proofing Program - Phase 9, Group 8 $ 613,000 00 Residential Sound Proofing Program - Phase 8, Group 9 $ 1,440,000 00 Residential Sound Proofing Program - Phase 8, Group 6 $ 1,320,000 00 Residential Sound Proofing Program - Phase 8, Group 4 $ 1,138,000 00 Residential Sound Proofing Program - Phase 7, Group 3 $ 1,110,000 00 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED 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 requiremnents 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 LIB 7JWdG�r��e5 Contact Person _ ►A'Eal4j!57 YI Contact Phone -7t4. 393 9�3¢ Signed* C� Date- �T zoi5 *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-13 BID BOND KNOW ALL BY THESE PRESENTS, That we, LINE TECH CONTRACTORS of 10541 CALLE LEE, SUITE 117 LOS ALAMITOS, CA 90720 as Piincipal, and THE OHIO CASUALTY INSURANCE COMPANY (hereinafter called the Principal), (bereinafter called the Surety), as Surety are held and Firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF AMOUNT BID Dollars ('% 10% foi the payment of which the Principal and the Surety bind themselves, their hems, executors, administrators, successors and assigns, jointly and severally, fimily by these presents. THE CONDITION OF THIS OBLIGATION 1S SUCN, Thhat WHEREAS, the Princlpal has submitted or is about to submit a proposal to the Obligee on a contract for HUNTINGTON BEACH MAIN STREET LIBRARY ADA RESTROOM NOW, THEREFORE, If the said Contract be timely awarded to the Principal and tlhe Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligce for [lie faitlhfiil performance of the said Contract, [lien this obligation shall be void, otherwise to remain in full force and effect, Signed and SeaJed this 9TH day of SEPTEMBER Witness 2015 LINE TECH CONTRACTORS (Seal) Principal Title THE OHIO CASUALTY INSURANCE COMPANY Witness By ILI Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of On SEP 0 9 2015 Date Los Angeles before me, Monica Blaisdell, Notary Public Here Insert Name and Title of the Officer personally appeared Philip E Vega Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(.* whose name%) ix/are subscribed to the within instrument and acknowledged to me that he/XKWRW executed the same in his/Mlrl'Kxx authorized capacityW and that by his/kwx'R= signature(g) on the instrument the person), or the entity upon behalf of which the person(o acted, executed the instrument. MDNICA " Commtssron LAISDELLBD4a 9765 <^=e Notary PuC1ic Caldornla D i e Drango County M Comm Ex rras Mar 26 2Di6 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. b Signaturey Signature of Notary Public City Of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk November 19, 2015 NR Development, Inc 10653 Wilsey Ave Tujunga, CA 91042 RE Main Street Library ADA Restroom Upgrade—MSC-495 Enclosed please find your original bid bond for MSC-495 Sincerely, Joan L Flynn, CIVIC City Clerk JF pe Enclosure Sister Cities Anjo, Japan ® Waitakere, New Zealand NR [development Inc 10653 Wilsey Ave Tujunga CA,, 91042 Bead Submittal Main Street Library ACA Upgrades Bid Open date: 09/10115 @a 2:0+0 p.m, City Clerk Huntington Beach 2nd Floor City Hall 2000 Main Street Huntington Beach CA RECEIVED 2015 SEP 13 PM !'- 33 CITY CLERK HUNTINGTO TY NBEACH SECTION C PROPOSAL for the construction of HUNTINGTON BEACH MAIN STREET LIBRARY ADA RESTROOM MSC-495 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 42 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 Accompanying this proposal of bid, find Bt a Bons in the amount of $ 10 ?o of Bi A cm ovn4 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 i 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 Aignature C_2 PROJECT BID SCHEDULE Huntington Beach Main Street Library ADA Restroom Upgrade MSC-495 zj 1. MSC-495 Main Street Construct ADA restroorn Library ADA Restroorn Upgrade improvements per plans and specifications Total Bid Amount Total Rid Amount in Words- C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of Subcontractor State Class Dollar % of Item(s) License Amount Contract Number Elwin CyropG� �'� 4 SonJ ELtC}ric, inc��porF.ttol ►�.139 A++obv Strt A J Syl an(,+ ca. 9134Z DOL 0 l000003506 6 MDR I 10. 0 D00 O p�u►nb�nj � .+c Crosby pltannhing, Zh� 371 CrabbJ St►'ttt, Rit�cl.tna. 0. 9 t oo l Q/ IL # /O0000 15 i 3 Jq,41490 C_3G, q � —OrD MAC Compl+� 0 Wca+onS w%a Air Conattooni^5 2.314T V""nar- C'C' Yloreno �Gwu� *. Rtss'S 04 k ►000c291Y4 gb952q C-Zo PG�nti� co#,4 , \1PkLA P6ft+ms. ;t^C.- IOG53 WiISct� Ave.., TujuASn. C019,m Q063-10 C-33 � DIL x IOooq 14ZZ-7 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-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of penury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on I I io/15, at Tu jtA!M . , CA. Date CIty State n1arel4 dc.A-Lk6rm" , being first duly sworn, deposes and says that he or she is Pre 4'* , ^+ of l�evt.19a -hi 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 r1 L Oe.y0obftulA InC. Name of Bidder Signature of adder 10653 lJitSh Ay_ c.TT►iunA& CA, g1042 Address of Bidder C-5 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 CITY OF HUNTINGTON BEACH MAIN STREET LIBRARY ADA RESTROOM UPGRADE, MSC-495, (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 q/l0/rS TAB. Oaye. ti►�r.}• .Tr►� - Contractor > By p✓e's1, 1 Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ®No If the answer is yes, explain the circumstances in the space provided. WA Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire C-7 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, 9/ /to I I$ C-8 41 O;uc.1opynkinA. Tnc., Contractor By pees►fin} Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: tim Oe-vc.lonmtn+, Znc.. Bidder Name to&55 wl'(sw, Business Address (AlVAC,a CA, 9104'L City, State Zip ( $(I ) -142--1141 Telephone Number IO0ZW State Contractor's License No and Class 3/25 /2o15 Original Date Issued 3/3!/2o)-1 Expiration Date The work site was inspected by 4"61, Q*Avhwr►ur of our office on Se—ofQMl&✓ 1 , 2013. The following are persons, firms, and corporations having a principal interest in this proposal: nlGrek tJcr,�zl�ar� Pvyil,.n4 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 R (L OutA09mx-At.Zn c Company Name Signature of Bidder N O.rQ-y- o ad-z Printed or Typed Subscribed and sworn to before me this 10 day of,g►_ , 2015. NOTARY PUBLIC "��� NOTARY SEAL WTLAIIY C A 0� # 2105360 ' !IrOOMI�I. APR. 2, 201t1 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of curb ramps with Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: r Name and Address of Public Name and Telephone No. of Project Manager. M i GhP.0 1(At) , 714 - 335 - 7Yp0 '5 f,50o 000 ADA un5rcyL .36c..L S+ruckuvt f tA4y ayo 5uI Contract Amount Type of Work Date Provide additional project description to show similar work. E/-eyc.for uoti -J. 3-41w1rr ^nGrk,;nS lot improveru.nij. C-10 2. G I and Address of Public Name and Telephone No of Project Manager. Scw► At Ic non , $ I ' 3T3 - Mi FarC hs Siruciata RAAovaboh S�Qit ►bw 1w i Contract Amount Type of Work Date Completed Provide additional project description to show similar work: QG:iakf%c ln.arogc.MtAn I, l,E tk5sWin5, IinSk 1a.+1ov\ COOL aplax� 3 C-Ii6rni& Faird finmct Author;}h tl'tlG 'rri%wk- u&A . t, k 1oa. Sr��rw►�a� GA. Name and Address of Public Agency g SY S Name and Telephone No. of Project Manager- 13ruun Eubr.,% 5lb- QSG'(� I o0 111 0 � 3410 Soo kMP&l l;hx;Aty 04Atiyika►n 'dum tiQ 15 Contract Amount Type of Work Date Completed Provide additional project description to show similar work ADA uoJradu , n W ConcreA o1au, r'e.f_c-ini wC,,(lS ne.W re.6frooMS. C-11 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project Bidders are encouraged submut supplemental relevant project history in addition to the projects listed herein. 1 2 Name of proposed Project Manager Telephone No of proposed Proj ect Manager- S c.t i q ComynLk n't 500 OOo ' Project ame & Contract Amount Type o Work +w Koni u. A k.; n u • 4 3 5q 2 "l to Project Name & Contract Amount Type of ork 2C Fria Pc-c . ' Amp Ph c.X 2. ; ,#10 , 3q l 300' Project Name & Contract Amount Type of ork Tt. It,, Z,t715 (� ho�ti on r M&rok 2010 Date Completed �)Adi. ; -Suvu- 2015 Date Completed Name of proposed Sup rintendent Telephone No of proposed Superintendent. 14 4 Ver Commwuhq Ce-h4ex 4 r A gpvcAw ; Ti4in Project ame & Contract Amount Type of Work Date ompleted Sp +C. Monica Parkins S+ruci ry 0. r 3"59iam—oycAion ' Ao-Y66 2010 Project Name & Contract Amount Type of Work Date Completed QG fG.i v PG. G Amg Pk-c 3. ; 'I ID3'14 SW ' Q&^Uyak I on 1 AW CON4 7�urA, 20 IS Project Name & Contract Amount Type of Work Date Completed C-12 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED 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)- / J Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents 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. NQ Oe.ve.1o12rnLn4. Inc_ Contact Person to "er rJ J 7,k" rg n Contact Phone 7 1 - - N Signed f 49�0� Date i I l o 115 *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-13 City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 960-8845, Fax (714) 375-5099 For MAIN STREET LIBRARY ADA RESTROOM UPDGRADE, MSC 495 in the CITY OF HUNTINGTON BEACH SEPTEMBER 3, 2015 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) QUESTIONS AND ANSWERS 2) UPDATED PREVAILING WAGE DETERMINATIONS This is to acknowledge receipt and review of Addendum Number One, dated September 3, 2015. N(Lu al oInc. AAO/ X Company Nanle By 7110/15 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845 within 1 business day of posting. MSC-495, Addendum No.1 Page 1 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 960-8845, Fax (714) 375-5099 For MAIN STREET LIBRARY ADA RESTROOM UPDGRADE, MSC 495 in the CITY OF HUNTINGTON BEACH SEPTEMBER 8, 2015 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: RESPONSES TO THREE QUESTIONS FROM PROSPECTIVE BIDDER. Question #1: May we use 20 gauge metal studs for walls, ceilings and soffit? Response#1: Bid wood framing as per plan. Question #2: Will the subcontractors need to get performance and payments Bonds or will the General Contractors bond cover all work? Response #2: Subcontractors do not need to provide City with bonds. Question#3: At the jobwalk it was said the a [sic] ramp at the back door to the parking lot. A note said to match existing. Response#3: Correction: There is no ramp at back door parking lot; bid per plan. This is to acknowledge receipt and review of Addendum Number Two, dated September 8, 2015. me OCVL4 0—y t Inc, � Company Name By RNIM15' Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845 within 1 business day of posting. MSC-495, Addendum No. 2 Page 1 CITY OF HUNTINGTON BEACH PLANS SPECIFICATIONS AND CONTRACT DOCUMENTS for the ADA RESTROOM UPGRADE MAIN STREET LIBRARY 525 MAIN ST. MSC No. 495 Prepared Under the Supervision of: Edward Lok Ng, Architect ]Wen�No. C-16840 Date Approved by: QROFESS/0 W No. C53300 r Exp.06-30-17 �9TF OF ��L`���� Thom M. Her�bc , City Engineer, R.C.E. 53300 ate CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the construction of HUNTINGTON BEACH MAIN STREET LIBRARY ADA RESTROOM UPGRADE MSC 495 i in the CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: Septemberl0, 2015 2:00 PM, 2ND FLOOR City Clerk's Office TRAVIS K. HOPKINS, DIRECTOR DEPARTMENT OF PUBLIC WORKS NOTE; If there are any questions relative to this project, please call Jerry Thompson at CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 TABLE OF CONTENTS SECTION A SECTION B PrnnnmdFnrouu—. ..... ........ .... .. ... .......... .......... .................. ... .......... .. B-1 2. Proposal Guarantee ..— ... ....... ..... . . ~. .....~- ..... ........... ....... 8-1 3. Proposal Signature... . ....,'...... ... ... .. _. ........ ......... ... . ....J8-1 4 Delivery of Proposal . ...... .. .. .... .......... ' ~..... . ..-... ...... ............. . ..J8-2 5. Return of Proposal Guarantee ... . ... .. . .. — .. . ~. ....... .... . ~ .~ .. ~ — .J8-2 6 Taxeu- ..-`. .. . ..... . . .... .... .... ~'.- ....... ........ .... ....... ....... '-.... . B-2 TDisqualification of Bidders .. .. . . .......... -' ...... .'....... ....... ............ ......... J8-2 8 Contractor's License Requirement '.... ............... .— ' ...... —^^''''..... '' '~—''B-2 9.Refereoueu . .'. .. . ..... '..'... .. ... . .. .~. .. ... ... ........ ..... ''.--. .JB-2 10 Listing of Subcontractors .... . .... ........... .... ...... ............. .............. -........... B-3 11. Discrepancies and Misunderstandings ......... . .—.. .... ~'-'-............ ............ B-3 12. Equivalent Materials .. .' _...—.-... —.-'—-- ... ..... ... ... .. ........ .. ..J8-3 13 Legal Responsibilities.. -... ~ . ''.~. ........ .... ... . ...... ........ ..... . -B_3 l4`Award of Cnotroct. . ... ' ............. .. .......... -........................... . .......... J8'3 15.Mo1cnu1 Guaranty .......... ......... ......... ............. ....... . .... .... ......... '— ...... JB-* 16 Execution of Cnotrout--. ..... ....... ..... .... ... ' ..... .... ... .............. ..... '.... B-* l7.Submission nf Bonds and Insurance. .. ... --..... —. --'.— ..-''''—.. B-4 18 Addenda ....... ...... '... ........... ... .... ........... ..... .... . ...... ......... '..... ..... . -. B-5 19 Bid Proteu —. . . ... ............... .... ... ........ .... ..... ........ ........ ... ..... .- B-5 20 Questions tothe Project Manager ...... ...... ...... .—. .. —. .,.— ...'..' ,. .. B-5 10 SECTION C PROPOSAL . ...J... . ....................... ..... .......... C-1,2 Project Bid Schedule ... . ...................... . ........ ............... ... C-2 1 List of Subcontractors ............ ............... . ... .. ...... ... . ..... ... ...... . . . .. ... . C-3 Noncollusion Affidavit . ....... .. .. . .......... .... C-4 Utility Agreement .... ... ........ . .... .... ........... C-5 Disqualification Questionnaire. .......... .......... . C-6 Compensation Insurance Certificatio .... .... .... . ...... ... C-7 Bidder's Information . ..... . ... . ...... C-8 Bidder's Critical Staff . .... ................... C-11 Bidder's Certification... .... ... .........C-12 SECTION D SAMPLE CONTRACT... ...... ... .... SECTION E . .................. D-1 SPECIALPROVISIONS................................................................................. E-1 PART I GENERAL PROVISIONS SECTION 1 - TERMS, DEF ABBREVIAI 1-2 TERMS AND DI SECTION 2 - SCOPE AND 2-1 AWARD AND 2-4 CONTRACT 13 2-5 PLANS AND 2-9 SURVEYING 2-11 INSPECTION. S AND SYMBOLS .. ....... .. .. ............. ..... .. E-2 , OF WORK ................... ..... .....E-2 ON OF THE CONTRACT. TIONS SECTION 3 — CHANGES D WORK E-5 3-3 EXTRA WORK, SECTION 4 - CONTROL O MATERIALS .. .. ...... . . .. .. ....... ...... E-6 4-1 MATERIALS A WORKMANSHIP. ry SECTION 5 - UTILITIES.......... 5-1 LOCATION. 5-2 PROTECTION. 5-4 RELOCATION. 5-5 DELAYS. ........... ................. E-7 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK .............................. E-8 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-2 PROSECUTION OF THE WORK 6-7 TIME OF COMPLETION. 6-9 LIQUIDATED DAMAGES. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR . .... ............ . .. E-9 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES. 7-2 LABOR. 7-3 LIABILITY INSURANCE. 7-5 PERMITS. 7-8 WORK SITE MAINTENANCE 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-10 PUBLIC CONVENIENCE AND SAFETY 7-12 ADVERTISING. SECTION 8 - FACILITIES FOR AGENCY PERSONNEL..... .. ... ..... .. .. E-16 8-1 GENERAL. SECTION 9 - MEASUREMENT AND PAYMENT.......... ................... E-17 9-3 PAYMENT PART 2 CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS . ............. ......... .. .... .. ....... ........ E-18 200-1 ROCK PRODUCTS 200-2 UNTREATED BASE MATERIALS. SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS .................................................. E-18 201-1 PORTLAND CEMENT CONCRETE SECTION 203 - BITUMINOUS MATERIALS ....................... ..... . .. .... . E-19 v 203-6 ASPHALT PART 3 CONSTRUCTION METHODS SECTION 300 - EARTHWORK E-20 300-1 CLEARING AND GRUBBING 300-2 UNCLASSIFIED EXCAVATION SECTION 302 — ROADWA SURFACING .......... ............................. ..E-21 302-5 ASPHALT C NCRETE PAVEMENT SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION. ...... ..E-23 303-5 CONCRETE URBS, WALKS GUTTERS, CROSS GUTTERS, ALLEY INTE SECTIONS, ACCESS RAMPS AND DRIVEWAYS SECTION 307 - STREET L113HTING AND TRAFFIC SIGNALS ..... E-24 SECTION 310 - PAINTING . ...... ........E-25 310-5 PAINTING V OUS SURFACES SECTION F ARCHITECT'S PROJECT AfANUAL Main Street Library ADA Res oom... ............... F-1 - 168 APPENDICES APPENDIX A DOWNLOAD PUBLIC WORKS STANDARDS APPENDIX B DOWNLOAD ADDITIONAL COPIES OF PROJECT PLANS AND SPECIFICATIONS APPENDIX C DOWNLOAD REGIONAL WATER QUALITY CONTROL BOARD PERMITS APPENDIX D CONTRACTOR BUSINESS LICENSE APPLICATION APPENDIX E INSURANCE AND INDEMNITY REQUIREMENTS APPENDIX F BOND FORMS APPENDIX G A CONTRACTOR'S GUIDE TO PREVAILING WAGE REQUIRMENTS FOR FEDERALLY -ASSISTED CONSTRUCTION PROJECTS APPENDIX H FEDERAL CONTRACT/LABOR STANDARDS (HUD-4010/HUD-5370) APPENDIX I PREVAILING WAGE RATES APPENDIX J LOCATION MAP APPENDIX K NOT APPLICABLE APPENDIX L UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER vil SECTION A NOTICE INVITING SEALED BIDS for the construction of HUNTINGTON BEACH MAIN STREET LIBRARY ADA RESTROOM MSC-495 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on September10, 2015. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $40.00 nonrefundable fee if picked up, or payment of a $55.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. This is a Community Development Block Grant (CDBG) project and Davis -Bacon and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on A-1 the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY In case of a variation between the unit price and the extension, the unit price will govern. A mandatory pre -bid meeting and walk-through of the site will be held on Tuesday, September 1, 2015 at 10 00 a in. (meet on site), for the purpose of reviewing bid documents, receiving bidder questions and reviewing the site Project Description: This CDBG project will provide the construction of one unisex ADA accessible restroom in the city's Main Street Branch The location map is included in the Appendix along with Contractor guidelines and provisions to meet all Federal requirements. • The contract shall allow the Contractor 42 working days to complete the contract. The architect's estimate of probable construction cost for the work included in the basis of award is $114,000 The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 2nd day of September 2014, by Resolution No. 2014-69. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 SECTION B INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY may reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title and MSC Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interhneations, alterations or erasures Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given 4. Mandatory Pre -Bid Meeting A mandatory pre -bid meeting and walk-through of the site will be held on Tuesday, September 1, 2015 at 10:00 a.m. (meet on site), for the purpose of reviewing bid documents, receiving bidder questions and reviewing the site. B-1 5. Delivery Of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside - "SEALED BID" DO NOT OPEN WITH REGULAR MAIL for MAIN STREET LIBRARY ADA RESTROOM UPGRADE MSC-495 DELIVER TO: OFFICE OF CITY CLERK — 2nd FLOOR 2000 MAIN ST, HUNTINGTON BEACH, CA 92648 Proposals may be mailed or delivered by messenger However, it is the bidder's responsibility alone to ensure delivery of the proposal to the Office of the City Clerk prior to the bid -opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered 6. Return Of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders 7. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable 8. Disqualification Of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor 9. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 10. References All reference information called for in the bid proposal must be submitted with the bid proposal. Failure to provide reference information of history of similar work and experience with the bid proposal at the time of bid opening may lead to rejection of such proposal as non -responsive. B-2 11. Listing Of Subcontractors Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid or $10,000, whichever is greater. 12. Discrepancies And Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract and shall be included with the proposal 13. Equivalent Materials Requests for the use of equivalents to those specified, must be submitted to the AGENCY ten (10) working days prior to the need of such materials Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent 14. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 15. Award Of Contract The award of contract, if made, will be to the lowest responsive and responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. 16. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The B-3 work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and tins amount shall continue in full force and effect for the duration of the guarantee period However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion 17. Execution Of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 18. Submission Of Bonds And Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. See Appendix F for the City approved Payment and Performance Bond Forms The Contractor may use any standard form for the Bid Bond The successful bidder shall provide a certificate stating that the bonding company is admitted to do business in the State of California. This certification may be obtained from the Executive Officer and Clerk of the Superior Court at the following address & phone - Orange County Superior Court Probate Court Operations 341 The City Drive P O Box 14171 Orange, CA 92613-1571 (714) 935-6061, Contact Linda C Wallace Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 19. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and may result in its rejection by the AGENCY. B-4 20. Bid Protest To be considered timely, a bid protest must be filed within the following time limits. (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening. (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY. 21. Questions to the Project Manager Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received by the Project Manager up to five working days prior to the bid opening as specified in SECTION A. Questions asked of the Project Manager after this time will not be addressed. B-5 BID BOND KNOW ALL BY THESE PRESENTS, That we, NR DEVELOPMENT, INC of 10653 WILSEY AVE TUJUNGA, CA 91042 as Principal, and INDEMNITY COMPANY OF CALIFORNIA (hereinafter called the Principal), (hereinafter called the Surety), as Surety are held and Firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called die Obligee) in the penal sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% } for the payment of which the Principal and the Surety bind themselves, their lieits, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, THE CONDITION OF THiS OBLIGATION iS SUCH, That WHEREAS, the Principal has submitted or is about to submit a pioposal to the Obligee on a contract for ADA RESTROOM UPGRADE MAIN STREET LIBRARY NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the fattlif it performance of the said Contract, then this obligation shall be void, otherwise to remain' in full force and effect, Signed and sealed this 8TH day of SEPTEMBER Witness Witness 12015 NR DEVELOPMENT, INC (Seat) Pnrcipal Title MINI • i�•' Y OF CALIFORNIA Attorney -in -Fact POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint ***Jadon H Smith, Philip E Vega, Frank Morones, Britton Christiansen, jointly or severally** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties bonds, undertakings and contracts of surety ship giving and granting unto said Atlorney(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 or substitution and revocation, and all of the acts of said Attorneys) -in -Fact, pursuant to these presents, are hereby ratified and confirmed This Power of Attomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008 RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorneys) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship, and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney, RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it Is attached IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January ist, 2008 BYZ AND'.,, Darnel Young, trice -President o pORgT�F�-., V � =W OO By i y el Stephen T Pate, Senior Vice -President of ; 19 3 6 � Stale of California County of Orange On January 31, 2011 before me, Antonio Alvarado, Notary Public Dale Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T Pate Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized ANTONIO ALVARADO capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of N COMM. # 1860643 which the persons) acted, executed the Instrument g NOTARY PUBLIC CALIFORNIA S I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is 3 ORANGE COUNTY true and correct My comm eVIres Aug 9. 2013 t 0 0 0 WITNESS my hand and official seal q� Place Notary Seal Above Signature Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate This Certificate isexecutedin the City of Irvine, California, this 8TH day of SEPTEMBER, 2015 By ) (, eW4�e�' regg Okur , istant Secretary ID-1380(Rev 01111) CALIFORNIA-• • •. •D .y-..ram. � .r-- r-,. , ..i�•r•.l'S.�--'i./ili..�i'1�..�a!1� Ur���S �� n•3C C��r'�Cn.�C!'1� �!�5�'l��';C{:�q�.�• ,'• � � •ram • , •r:� r: •r; • ,�y,•r�•r: � •r; •rs�• A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On SEP 0 9 20is before me, Monica Blaisdell, Notary Public Date Here Insert Name and Title of the Officer personally appeared Philip E Vega Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(* whose name%) ix/are subscribed to the within instrument and acknowledged to me that he/XKWRW executed the same in his/J Wtkwx authorized capacityM and that by his/bo w signature(g) on the instrument the person), or the entity upon behalf of which the person(o acted, executed the instrument I certify under PENALTY OF PERJURY under the laws MONICA BLAISDELL of the State of California that the foregoing paragraph Commission # 1970845 is true and correct z fo^` Notary Public California Z ' Orange County WITNESS my hand and official seal. M mm CoExpires Mar 26 2016 + P — l� Signaturerr`A `KV,& Signature of Notary Public City Of Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 (714) 536-5227 o www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk November 19, 2015 R Dependable Construction, Inc 1019 W 3rd St San Bernardino, CA 92410 RE Main Street Library ADA Restroom Upgrade—MSC-495 Enclosed please find your original bid bond for MSC-495 Sincerely, Joan L Flynn, CIVIC City Clerk JF pe Enclosure Sister Cities Anjo, Japan ® Waitakere, New Zealand DEPENDABLE CONST iNC 1019W3RDST SAN BERNARDINO, CA 9241 0 T:909-3B 1 -23 1 0 F:909-BBB-5234 LIa # 9440BB 2015 SEP 10 F,� 12: 4 3 C T ',' I r K f BID: MAIN STREET LIBRARY ADA RESTROOM UPGRADE MSC-495 OFFICE OF CITY CLERK-2 ND FLOOR 2000 MAIN ST. HUNTINGTON BEACH, CA 92648 9/10/2015 2:00 P.M. SECTION C PROPOSAL for the construction of HUNTINGTON BEACH MAIN STREET LIBRARY ADA RESTROOM MSC-495 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices The undersigned agrees to complete the work within 42 working days, starting from the date of the Notice to Proceed BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find BID BOND in the amount of $ $15,000 00 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 1 8/3/2015 2 8/8/2015 C-2 PROJECT BID SCHEDULE Huntington Beach Main Street Library ADA Restroorn Upgrade MSC-495 tCICt No. r �Bid Amount 1i'fi ores l MSC-495 Main Street Construct ADA restroom Library ADA Restroorn improvements per plans and Upgrade specifications $ 104,500 Total Bid Amount Total Bid Amount in Words- ONE HUNDRED FOUR THOUSAND FIVE HUNDRED DOLLARS 0/100 C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract N/A By submission of this proposal, the Bidder certifies. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID " I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 9/9/2015, at SAN BERNARDINO , CA Date City State ROSEMARY PADILLA , being first duly sworn, deposes and says that he or she is PRESIDENT of R DEPENDABLE CONST 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 ROSEMARY PADILLA Name of Bidder s Signature of Bidde - 1019 W. 3RD ST. SAN BERNARDINO, CA 92410 Address of Bidder C-5 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 CITY OF HUNTINGTON BEACH MAIN STREET LIBRARY ADA RESTROOM UPGRADE, MSC-495, (I)(we)(1t) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows. "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 9/9/2015 C-6 Contractor r By PRESIDENT Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation ❑ Yes ® 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-7 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 9/9/2015 C-8 Contractor 6 L - By pQFcInFNT Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct. R DEPENDABLE CONST INC Bidder Name 1019 W 3RD ST Business Address SAN BERNARDINO CA 92410 City, State Zip ( 909- ) 381-2310 Telephone Number 944088 "B" State Contractor's License No. and Class 8/3012009 Original Date Issued 3/31/2016 Expiration Date The work site was inspected by JOHNNY RUIZ of our office on SEPTEMBER 1 , 201L. The following are persons, firms, and corporations having a principal interest in this proposal ROSEMARY PADILLA - PRESIDENT 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 R. DEPENDABLE CONST INC Company Name Signature of Bidder ROSEMARY PADI LA Printed or Typed Signature Subscribed and sworn to before me this 9 day of SEPTEMBER , 2015 0 ELIZABETH A ALLEN COMM # 2097435 LOMMI RY PUBLIC - CALIFORNIA"' 2 ERNARDINO COUNTY EXPIRES FES 13.2019 NOTARY PUBLIC NOTARY SEAL Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of curb ramps with Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years - ANTELOPE VALLEY JOINT UNION HIGH SCHOOL DISTRICT 44811 N SIERRA HIGHWAY LANCASTER, CA Name and Address of Public Agency Name and Telephone No of Project Manager MELONI BUIE 113,000 00 PORTABLE RAMPS 8/04/2014 Contract Amount Type of Work Date Completed Provide additional project description to show similar work - ALTERATIONS TO 6 PORTABLE RAMPS AT QUARTZ HILL HIGH SCHOOL C-10 2. CITY OF TEMPLE CITY 9701 LAS TUNAS DR TEMPLE CITY, CA 91780 3 Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed) �I Provide additional project description to show similar work. ADA IMPROVEMENT CURS & RAMP TRANCHING Name and Address of Public Agency Name and Telephone No. of Project Manager- STEVE VELASCO 949-677-9264 $107,000 00 ADA IMPROVEMENT 11/21/2014 Contract Amount Type of Work Date Completed Provide additional project description to show similar work• ADA CONCRETE RAMP, STEP WITH RAMP, C-11 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years These projects do not ha,.e to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein ROSEMARY PADILLA Name of proposed Project Manager Telephone No of proposed Project Manager* 909-381-2310 CITY OF LAS PALMAS $83 950 00 TENANT INPROVEMENT 7129/2015 Project Name & Contract Amount Type of Work Date Completed CITY OF REDLANDS $33,980 00 OFFICE MODIFICATION 1/22/2015 Project name & Contract Amount Type of Work Date Completed TORRANCE CIVIC CENTER $116,500 00 REMODELING 6/30/2015 Project Name & Contract Amount Type of Work Date Completed 2. JOE PADILLA Name of proposed Superintendent Telephone No. of proposed Superintendent- 909-381-2310 RCCD ATHLETIC OFFICE $71,950 00 OFFICE REMODELING 8/1912015 Project Name & Contract Amount 'Type of Work Date Completed CITY OF REDLANDS $100 000 00 STOREFRONT & REMODEL 8/20/2015 Project Name & Contract Amount Type of Work Date Completed GLENDALE UNFIED SCHOOL DIRSTRICT $14 250 00 UPGRADE/ ADA IMPROVMENT 2/15/2015 Project Name & Contract Amount Type of Work Date Completed C-12 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED 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 requiremnents 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 R DEPENDABLE CONST INC Contact Person ROSEMARY PADILLA Contact Phone Signed Date 9/9/2015 *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-13 I City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 960-8845, Fax (714) 375-5099 For MAIN STREET LIBRARY ADA RESTROOM UPDGRADE, MSC 495 in the CITY OF HUNTINGTON BEACH SEPTEMBER 3, 201 Notice To All Bidders* Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) QUESTIONS AND ANSWERS 2) UPDATED PREVAILING WAGE DETERMINATIONS This is to acknowledge receipt and review of Addendum Number One, dated September 3, 2015. R DEPENDABLE CONST INC Company Name 9/10/2015 Date By j All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845 within 1 business day of posting. MSC-495, Addendum No. 1 Page 1 I I T City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 960-8845, Fax (714) 375-5099 For MAIN STREET LIBRARY ADA RESTROOM UPDGRADE, MSC 495 in the CITY OF HUNTINGTON BEACH SEPTE BR 8, 2015 Notice To All Bidders Please note the following clarification to the Project Plans, Specifications, and Special Provisions RESPONSES TO THREE QUESTIONS FROM PROSPECTIVE BIDDER. Question#1- May we use 20 gauge metal studs for walls, ceilings and soffit? Response #1- Bid wood framing as per plan. Question#2 Will the subcontractors need to get performance and payments Bonds or will the General Contractors bond cover all work? Response #2 Subcontractors do not need to provide City with bonds. Question#3: At the Dobwalk it was said the a [sic] ramp at the back door to the parking lot. A note said to match existing. Response#3 Correction: There is no ramp at back door parking lot; bid per plan. This is to acknowledge receipt and review of Addendum Number Two, dated September 8, 2015 R DEPENDABLE CONST INC qo-�J2� QL..2 Company Name By 0 y �!1II[t1f� 1 All bidders must acknowledge and include the receipt of this Addendum with Your bid proposal Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845 within 1 business day of posting MSC-495, Addendum No 2 Page 1 IFIC Surety r ' r KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, R Dependable Construction, Inc as Principal, and Allegheny Casualty Company a corporation of the State of Pennsylvania, as Surety, are hereby held and firmly bound unto City of Huntington Beach in the penal sum of Ten Percent Amount of Bid ($10% ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns Signed, this 4th day of September 2015 The condition of the above obligation is such that whereas the Principal has submitted a certain bid, to enter into a contract in writing for Huntington Beach ADA Restroom Upgrade NOW, THEREFORE, (a) If said bid shall be rejected, or in the alternate (b) If said bid shall be accepted and the Principal shall execute and deliver an acceptable form of contract, and shall furnish a bond for the faithful performance of said Contract, and for the payment of the persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid, THEN, THIS OBLIGATION SHALL BE VOID, otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated IN WITNESS WHEREOF, the Principal and the Surety have hereto set their hands and seals, and such of them as are corporations have caused their corporate seals, to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above Signed, sealed and delivered in the presence of ATTEST ATTEST Bid Bond Date September 10, 2015 R Dependable Construction, Inc Principal Allegheny Casualty C any By 7Z�4_ Timothy C Baker Attorney -In -Fact One Newark Center, 20th fir Newark, New Jersey 07102-5207 1 800-333-41671(973) 624-72001 WWW IFIC COM Tel (213) 624-7200 POWER. OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint MELODY L. SPAUR, TIMOTHY C BAKER, KAREN A EBY Murneta, CA their true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instruments) eursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000. "RESOLVED, that (1) the President, Vice President, Chief Executive Officer or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attomeys-in-Fact or agents with power and authonty as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto, and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation, and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given or the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed " IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 22nd day of July, 2014 STATE OF NEW JERSEY County of Essex ((�i_ ROBERT W MINSTER Chief Executive Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 22nd day of July 2014, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, that the seals affixed to said instrument are the Corporate Seals of said Companies, that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal, tolls ,, at the City of Newark, New Jersey the day and year first above written • .��gsio •� L ,•U� NOTAP YY�A C :r �►+� m. PUOLIC A NOTARY PUBLIC OF NEW JERSEY °.1A °¢�Fzw9'•5c My Commission Expires April 16, 2019 .,err OF NEIN ",1111111110 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now, in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this �1L1 day of r � o-t)l MARIA BRANCO, Assistant Secretary ACKNOWLEDGMENTCALIFORNIA ALL- PURPOSE CERTIFICATE OF A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California } County of On before me ne,e msen name an nne of the of teCr) _ Personally appeared )��Z C ,�6�- who proved to me on the basis of satisfac ory evidence to be the persoN* whose name(i !tee -subscribed to the within instrument and acknowledged to me that he sk� executed the same in is/ i authorized capacity(-ies)-, and that by is/ er signature{- on the instrument the persort{s), or the entity upon behalf of which the person(sj-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 K. A Sky MM #1983975 WITNESS my hand d official sea! & �, Notary Public ca dorms, o v z Riverside County Comm Expires July t, 2016 No Public Signature (Notary Public Seal) ADDiTIIONAL OPTIONAL INFr)RMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIP ION OF THE ATTACHE DOCUMENT l� 1� (TA"r description of attacAed document a _ (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other This form complies with cierrent Califoirua stanites regarding notary wording and, rf needed, should be completed and allached io the document 4cknowledgments fi on, other states may be completed fat documents being sent to that state so long as the wording does not requite the California notary to wolate California noratl Imv • 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 naive as it appears within his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signei(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i e #e/site/tkey- rs /afe ) 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 If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must niatcli 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 with astaple