Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
EBS General Engineering - 2016-02-01
P RECEIVED BY- e (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON .BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: �i�C� SUBJECT: Bond Acceptance I have received the bonds for�'�=--� (Company Name) 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. /,t) CO f MSC No. Other No. g1forms/bond transmittal to treasurer Approved (Council Approval ate) Agenda Item No. ^4(/ City Clerk Vault No. � OD • , SIRE System ID No. 6,� • DATE: TO: CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION 8/4/2016 THOSE LISTED HEREON FROM: OAJDuane Wentworth, Contract Administrate SUBJECT: Retention Release Payment - PO #21787 OJ Supplier #36790 Co. #213 15/16 Curb Access Ramp Installation Project, Project # CC 1529 Contractor's Name: EBS General Engineering, Corona Address: 1320 E Sixth St, Ste 100 City, State and Zip Code: Corona, CA, 92879 Phone Number: 951 279-6869 City Business License Number: A296509 Notice of Completion (Date by City Clerk): 7/8/2016 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file. Date �ifravis K. Hopkin I certify that there are no outstanding invoices on file. Date Joyce Zac irector of Public Works Deputy City Treasurer I certify that no stop notices are on file, and that a guaranty bond has been filed with the City Clerk's Office. Date - Robin Estanislau, City Clerk Attachments 1. Notice of Completion 2. Maintenance Bond 3. Certificate of Compliance with Prevailing Wage Laws 4. Contractor's Certificate 5. Certificate of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 6. Consent for. Release letter from the Surety Company 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 Cler�,) S- '),_0 Bond 4ceptance I have received the bonds for������ (Company Name) 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. Approved (Council Approv�te) Agenda Item No. o(/ City Clerk Vault No. SIRE System ID No. 7 K� g:/forms/bond transmittal to treasurer BOND #4405761 PREMIUM: INCLUDED PERFORMANCE BOND IN KNOVd A._L ERr Ob!ti Fi':' T-EH PRESENT-.: That EBS GENERAL ENGINEERING, INC. (contractor's name) -1320 E. SIXTH—HTREET_111UU,CORONA, CA 92879 lconlracio's streei address_ ciy and stale and zip code) as Principal (hernnrrai :,ale•d Contractor), and: SURETEC INSURANCE COMPANY :suretyls Warne) _ TF�-AVE --..- 3�0,— DIEGO, CA 92103 (sure-y s strec-t address, city and stale and zip code) a corporation or ized and existing under the laws of the state of TEXAS __— _. vrth its principal office in !the City of SanDIEGO,- CA as Surety (hereinafter rallec Surety) are held firm-y bound.. unto C!lY OF I iI NTINCTC;N B.-ACH as Obligee (hereinafter called Owner), in the amount of ** _ _ Dollars ( 327, 200.00-._----- ), equi�.ra!en;. l0 the entire co ,trac amount riicl:ding all orders, for the pay{meat whereof Contractor and Surety bind ihemsel,.�es, their heirs, eaecuiors, admiristraiors, sc.^.cessars, and assigns, jointly and severally, fr.-mly by these presents, ,NHERFAS, S-_,ret; !s a du'iy admitted surt;ty insurei under the laws of the State of California, and Surety is certified and Iisied in the U.S_ Department of the Treasury Circular 570, and able to provide proof of bonding lrnitaJoo shown in sa d circular is suffcieni to provide bonds in the amou-t required by said Contract, aid Surety has providec financial strength ratings flair reputable companies, such as from A Ni Best, M::ody's, Standard u Poor's, to valloate :hat Surety has positive ratings of being secure of stable; and Surety is registered and lisled vYith the California Depar rent of Insurance; end Contractor has by wrirleh agreement dated 14APM 2 2o16, entered into a contract v✓it`t Owncr for the FY 15/16 CURB ACCESS RAMP IN TALLATION PROJECT, N0. 1529 with and specficaliona prcpar:, by reference made a part hereof (heftinafie ! referred to ifs ti; Contract); a d in accordance: Which r.onfraia is by The Contracl p c•vid?s that the principal will aua•anee. for a period of one year, the work performed as part o` the Contracl from and against all cefects in materials and wc-kmanship; and The Cortract aiso provides that the Contractor shall secure Contr clor's obligations during the one-year period �olh a bong executed by a sup ..ty duly admitted ir. the state of California; and The Contracl has been completed and the Owner, Contractor and Sureyt agree that the commencement date for th;s Guarantee and Bore shall be DULY 8TH , :0 1 b i. i, 1'J, _HEREFCRC, "HE CONr?ITIC•N1 OF THIS OBUGAT ION is such lriat if Contractor shall, for a period of one year from and after the date of Completion and acceptance of the Contract oy Owner, repair and/or replace any and all defects arising in the Work, vvhetner resulting from defective materials or defective workmanship. then this obligation shall be null and ,raid.. otherwise it .vll remain in full force and effect. 17e Surety hereby waives notice of any alteratioi; or extension of ume made by the Ow,,er. Whenever Contractor shall be, and declared by .owner to be in d=fault under the Contract, the Surety shall, within, thirty (3p) days iollov,dng O.nners wriken police of default, either: (a) remedy the defauI, or (b) shall promptly oamplete the Contract ir, acco,d rice w:th its terms and conditions. S_trety shall save the Owner harmless from any daii�is, judgments, liens or losses arising from the .Surety's failure to either remedy the default or to cnmolete the Contract in accordance wi*h iG terms and conditions In a timely manner ** THREE HUNDRED TWENTY—SEVEN THOUSAND TWO HUNDRED AND 00/100'S li-4>M 1 ! S I i s, VV'nenever the P! icipal cl',ull be, and declarrad by lie Uvvner re ue, in default unomm the i-critcrci, aehislr shall ilcludc ^✓it��oui !irrii.atioc, any brtDch or defauli of the Gontr_ct, then, after written notice from the Uvrrer :o the Surety, as provided for bet 04, the Surely shall either (a) remedy trio de'aull or breach by the Principal, or It)) s�,a!l promptly arid faithtulhf lab.e charge of dhe 'vlromk and complete the Vvoric in accoidance with the requirements of !lie Contract with a cone actor other t",an the Principal, at its own expense, and mate available as wor< progresses sufficient funds to pay the cost -,f compietion less the ulpLud oalance of the Contract Including other costs and camages for v✓hlch the sure�y may be ':table cereunder, provided, lictwever that the procedure by which :he Surely �nui-riaxes to discharge Its ohliy�liuns u:ider this Boui shall be suhjeet to the adva:ice written approval of the Ovr'ner. \vitro thirty pO) days afl.ei Surety receipt c a written notice from Owner or the. failtim cf nerrormance of the Contract by the POncipai. it shal, oe the duty of the Surely to give to the Owner a notice, .. %vrwnci, of the Surety's election to ;a) rernedy the defauli(s) of the Pn tcipa! promptly, or (b) arrange for performance or trio Contract prompily by a contracior other than the Principal, lime being of essence in this Bond. In said :Notice of Fiction, the Surety shall state the date of :;ommenceme.nt of ids cure or remedy of the Principal's defau!ils) or iis performance of the Contract. The Sureiy's obligations for cure or remedy, ioClpde but are not limited to co; rection. of defective work and completion of the Coniract. additional legal, design professional and delay cc,,,,s arising from Surety's aciions of failure to act; and liquidated damages (or if no liquidated darnapes are specified in the Ccntracl, actual damages caused by delayed peiiomi6oce. or,aon-performance by the Principal). The Surety shall giro proml:)l written notice t. the Owner upon completion of thE: cure or remedy of the Principal's default(s) of its; performance of the Contract, If Inc Surety does Ssup Its Notice of Election and does not proceed to cure or remedy the Principal's default(s) of its periom,ance of the Vvork within thirty (30) d:ays after receipt of a written notice t-om Ov,,,ner St:reh✓ shall be deemeu to be in default on this bond, and the Ov✓i"'ei he emitled to enforce ai-.y remedy availahle to Gwrier. No right of action shel! acr.r'uc on 'his r::cwd to of fnr the use of any perso, oi owner uamned -ierein o' lh ;uc. ec:sets of Ov"net_ Signed a-d sealed this 8TH day of _--- JULY _---___--, 2)16 Principal F'aised Corporate Seal E_BS GENERAL EN_GIN_EERING, INC. jP1,UST B^;=.FFI�EDI (Contractor Kama) -- BV: Z� Seal) Pr�ncipal wised Corporate Sea! lIv JST BE AFFIXED] (Title) SURETEC INSURANCE COMPANY (Surety Name) Py � (Seal) SPENCER FLAKE,ATTORNEY—IN•-•FACT APPROVED AS. TO FQFRM_ B Y; -- _ NO) Is (Michael E. Gales, City Attorney Acknovvledgmcros must be ccinpiated and returned as pac, of the Done. _. Raised Corporate Seel=_ are mandatory s 3. P,ea;e attach Pay,-er of A.ttornev. 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 Riverside ) On July 13, 2016 before me , Date Public, personally appeared Joseph Nanci K. Fairweather Name(s) of Signer(s) Insert Name and Title of the officer Notary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS mO�d and official seal. ignature• rA K. FAIRMATNER Nftry Rablic - California Z .p +, Riverside Coumy Commission # 2149313 My Comm. Ex Tres Apr 21, 2020 ------------------------------------------------------------- OPTIONAL ------------------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: ❑ Corporate Officer — Title(s) ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Other: Signer is Representing: Signers Name: ❑ Corporate Officer — Title(s) ❑ Partner- ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Other: Signer is Representing: 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 7/8/16 before me, Erin A. Sherwood Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Spencer Flake 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 ERIN A. SHERWOON--t Commission # 2118628 person(s), or the entity upon behalf of which the person(s) Notary Public - California z Le acted, executed the instrument. Orange County M Comm. Expires Julio, 2019 + 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand nd official t� Signature ��� Place Notary Seal Above S re 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 the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Tltle(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑, ❑I ❑I f l I imitPri f l General III POA N: 510123 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Charles L. Flake, David L. Culbertson, Spencer Flake its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 5/18/2017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`� of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 1 sth day of May , A.D. 2015 �„n1111u11p40U/q SURETEC INSURANCE COMPANY - 3RANC° X q •._ By: w w n= John 4dox 7resident State of Texas ss: 7�•., County of Harris On this 18th day of May , A.D. 2015 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. =a��r rued JACQUELYN MALDONADO Notary Public state of Texas / N''FOF My Comm. Exp. 5/18/2017 Jacg6lyn Maldonado, Notary Public My commission expires May 18, 2017 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 8TH day of JULY 2016 , A.D A — — . Bre tMBeatyy,Assistant instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. CONSENT OF SURETY RELEASE OF RETAINAGE Re: PROJECT: FY 15/16 Curb Access Ramp Installation Project, No. 1529 (Name, Address) Huntington Beach, CA Contract Date: March 2, 2016 Contractor: EBS General Engineering, Inc. TO (Owner) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the Suretec Insurance Company, SURETY COMPANY, on bond numbered 4405761 of EBS General Engineering, Inc., CONTRACTOR, hereby approves the release of retainage of the Contract for the project referenced above as follows: "Release Retention Funds" The Surety agrees that such RELEASE OF RETAINAGE under Contract shall not relieve the Surety of any of its obligations to EBS General Engineering, Inc., Owner, as set forth in the said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this 1 st day of August, 2016. Suretec Insurance Company Surety Signature of Authorized Representative Charles L. Flake Title: Attorney -In -Fact 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 8/ 1 / 16 before me, Erin A. Sherwood Date Insert Name of Notary exactly as it appears on the official seal personally appeared Charles L. Flake ERIN A. SHERWOOD o Cmmission # 2118628 Notary Public - California Z Orange County M Comm. Ex Ires Jul 6, 2019 , Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 sea . Signature Place Notary Seal Above Signa 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 the form to another document. Description of Attached Document Title or Type of Document: Document Date.- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: PORN: 510123 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Charles L. Flake, David L. Culbertson, Spencer Flake its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 5n8i2017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 206 of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 1 sth day of May A.D. 2015 SURETEC INSURANCE COMPANY +SURANC��� (tl_�11(1 0By: w n_ John ox Jr: resident 1 State of Texas ss: kip r� County of Harris ••• �r On this 1 sth day of May , A.D. 2015 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. [a::JMyCOUEt1YN MALDONADO Notary PublicSate of Texas Comm. Exp. 511812017 Jacquelyn Maldonado, Notary Public My commission expires May 18, 2017 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 1ST day of AUGUST 2016 A.D. zo� M. Bre t Beaty, Assistant ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. 'CC IN 1w .v �lll ose h A Nanci —, state and certify that. - --. EBS General Engineering, Inc. is'the generial contractor to the City of _— 1.lrlrlti'n"ton B Bch r"C ty�") on C ontl,ac' Teo. 152�___---- (the " Contract } for the construction of the public work of improvement erttitietd: Project 15/ 16 Curb Access Ramp Installation _. --- ------ (tile 'Tvo1ect" ). _. All«orl; to be peifom-ied pursuant to the Contract has beWn completed in accordance with the Contract Documents (.as such term is elrned in the Contr r }. Fx ei< for the claims listed below and the disputed claims listed in paragraph five (5). ali persoi,S iiiid tquil,))nicnt to the Project., including all claim", :.-laalt]st the collinl4ol. arlsing) frCITI the xrforjnal]ce of the r ontl act, hat,%, been pa': 11 and sates`! -led (list Unpaid, &bt5 and clan is, tj ilone, ti�r"t `l\''� Tel ,'y�: NONE , 1. Attachad hereto are the lien waivers required by the C:ontrract. L3ocurnents, r�-hich lien vvaiverrs l-:avc been executed by all persons who Pertorined work on ,)r s�_tpplied labor, se.rvicts, materials, and/or equipniurit for use at the Frclject. Sc[ forth belwvvv is a list of di sputed claitns or claims that are the subject of a Notice to W'ifl hole tried pursuant to the Civil Code of the State of California (List all clisputu:tl claim, if nc)nt, vv;;ie. -\1ON' F"i. I dec ate unsl ;" 1>€na]iy ��t .Ijt:r_,' a�der the laws of lic State of Cald'ornia that tho forego:in'�-) is true° and Correct, LYecutea at Corona, CA or! this — 2 -_day of August )C) 16 (,Si natuve gjDectaroot) Joseph A. Nanci, President APPROVk;l3 AS TO FORlM -- _....- ............ �111i6hael E 6aje. fkttorn 1 Certifcation oi'ComT,iialy(; vvith Pre vaiiiilg'\Vagc; Laws To: Citl,; of Huntington Beach I,)epartmcnt of Public, Works 2000 Main Street'P.O, Box 190 1lunuu-,Mti Beacrh, ._.A 9`,r, �,�oo Re Contract: Project: Certification of Compliance with Prevailing 'Wage La\ s Project No. 1529 15/16 Curb Access Ramp Installation Project The undersigned contractor on the ioovs;-referenced project ("Project"} hereby certifies that all laborers, inechanics, apprentices, Trainees, watchmen and guards employed by hirn or by any subcontractor performing �,vvrk under the contract for the Project have been paid purstiant to the tnininium e%'agc and bona fide fringe ben -_ requirements specified for each particular classification of work; as set forth in the \va;e-ratecieterrr nations of the State of C"_.alifornia, Dcpartr tent of Industrial Relations, aiid/or the Unified. State, Department of Labor. I declare under penalty of perjury tinder the laws ofthe State ofCalifornia tha; the foregoing is true and correct. s 8 day of ul -'0 16 . at Corona California. Exe.cutcd th:.. _—...-1—Y /("0r7t7-aetor .,Marne.) Joseph A. Nanci, President EBS General Engineering, Inc. AF1)ROVED_/kS..-TCO FOP$1 Michael E. Gates City Attorney Ccrti fkation c f Cornpiiance with Title V ill of the Civil. Rights Act and f,quai En�ploy°rnent. Gpporn ni�ty Act cf 1972 To! City of Huntinowil Beach L)eparttn(filt ofi?ttbtic-W'Qrl 20100 lviain Street/1'.CE. Box 190 11111-idnt ton Beach, CA 9" t4B Re_ Cenification of Conipliance with Titie. VIT of the Civil Rights .Act and Equal Employment Gpportiiruty Act of 1972. Contract. 1529 _ Project. 15/16 Curb Access Ramp Installation Project The undcrsigned contractor on the above-refereliced project (",project,,) hereby certifies that it has :o�7<plied with 'title `,'II of the Civil Rjo is Act, the Equal C)pportuuity A.ct of 1.972- and Executive t�rder 1' 246, and has not discrimitlatad against any employee or applicant far ern ptoynlent because, of race, color, religion, sex, sexual or*entatiorn, gentler identity, national origin. vatic or disability. The, -undersigned contractor also ceititi,s that it 'has not rnauitauhed any segregated facilities at i.s establislnhents on the basis of race, color, religiou-, sex, sexual orientation, gender identity, national origin, a cl or disability (>>vith the exception of access for the disabled). I declare under penalty of perivay under the of Stare of. California that the foregoino is true and correct. E> ecuted this 8 day of - _ uly 20 16 ,, a,CoronaCalifornia. 1'cr1rr°attar" Na.-we) Joseph A. Nanci, President EBS General Engineering, Inc. APPROVED A 711, FQP—,,\4 .. Nfichaei E, Gates Cit}! Attorney 1 Document- 1490252-Page-1 Page 1 of 1 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY WHEN RECORDED MAIL TO CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Duane Wentworth P O Box 190 — 2000 Main Street Huntington Beach, CA 92648 Recorded In Official Records, Orange County Hugh Nguyen, Clerk -Recorder 111$�J II II III 1�1� 1IIIII $111111111NO FEE *$ R 0 0 0 8 5 0 9 8 7 7$ 2016000311175 9.38 am 07108/16 47 NC-5 N12 1 000000000000000000000000 THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to EBS General Engineering, Corona, who was the company thereon for doing the following work to - wit 15/16 Curb Access Ramp Installation Project, Project # 1529 That said work was completed 07/07/2016 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 07/07/2016, per City Council Resolution No 2003-70 adopted October 6, 2003 That upon said contract Suretec Insurance Company, was surety for the bond given by the said company as required by law This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge �=� 10A z/_7h,�2 Dire or of PuBlMorks or City Engineer Ddie 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 pequry that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County This document is solely the official business of the City of Huntington Beach, as contemplated under Government code section 6103 and should be recorded free of charge 7 Dir r of Pub orks or y Engineer I Oate City of Huntington Beach, California THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) about blank 7/8/2016 RECEIVED BY (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating H CITY OF HUNTINGTON BEACH B INTERDEPARTMENTAL COMMUNICATION TO City Treasurer FROM City Clerk, DATE 3 A/ 1,46 s SUBJECT Bond Acceptance , 1 1 have received the bonds for E6 IS 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 (Company Name) Approved (Counc/1 Approval Date) CC No MSC No Agenda Item No City Clerk Vault No Other No SIRE System ID No g /forms/bond transmittal to treasurer FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND EBS GENERAL ENGINEERING FOR FYI 5/16 CURB ACCESS RAMP INSTALLATION PROJECT 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 ESB General Engineering, 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 FY 15/16 Curb Access Ramp Installation Project in the City of Huntington Beach, and The PROJECT to which the construction work covered by this Agreement pertains is being assisted by the Umted States of America and Federal Labor Standards Provisions are 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 Very Low -Income Persons, Section 3 contract 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 170lu (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 14-4390/ 126288 1 recipients 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 STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal 14-4390/126288 2 2 ACCEPTANCE OF CONDITIONS OF WORK, PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents -insofar as they relate in part or in any way, directly or indirectly, to the work- covered by this Agreement "Contract Documents" as defined herein mean and include A This Agreement, B Bonds covering the work herein agreed upon, C The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto, D The edition of Standard Specifications I for Public Works Construction, published by Builders' News, Inc, 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, 14-4390/126288 3 written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addenda applicable to the Proj ect, 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 14-43 90/ 126288 4 shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith 3 COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Three hundred twenty seven thousand two hundred Dollars ($327,200 00), as set forth in the Contract Documents, to be paid as provided in this Agreement 4 COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within sixty (60) consecutive working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement 5 TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things 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 14-4390/126288 5 control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR, thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly 7 NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to 14-4390/126288 6 CONTRACTOR by CITY CITY does not warrant that the work will be available on the date the Notice to Proceed is issued In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability 8 BONDS Only bonds issued by California admitted sureties will be accepted CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney One in the amount of one hundred percent (100%) of the 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 14-4390/126288 7 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 14-4390/126288 8 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 pan 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 14-4390/ 126288 9 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 14-4390/126288 10 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 14-4390/126288 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 an acceptance of any part of the work 15 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement 16 AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California 14-43 90/ 126288 12 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 linuted 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 14-4390/126288 13 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 defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage, including products/completed operations 14-4390/ 12628 8 14 liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties Under no circumstances shall said above -mentioned insurance contain a self -insured retention without the express written consent of CITY, however, an insurance policy "deductible" of $5,000 00 is permitted CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement 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 14-4390/126288 15 evidencing the foregoing insurance coverages as required by this Agreement, the certificates shall 1 provide the name and policy number of each carrier and policy, 2 state that the policy is currently in force, and 3 promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance coverages shall not derogate from the 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 14-4390/126288 16 23 DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement, in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR If it is subsequently determined by a court of competent jurisdiction that CITY's termination 'of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 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, 14-4390/126288 17 and costs incurred by reason of such termination In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR 25 DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost 26 NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or -any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety 27 CITY EMPLOYEES AND OFFICIA 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 14-4390/126288 18 One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement 29 NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below, provided that CITY and CONTRACTOR, 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 David Verone 2000 Main Street Huntington Beach, CA 92648 30 SECTION HEADINGS TO CONTRACTOR EBS General Engineering ATTN Joseph Nanci 1320 E Sixth St, Suite 100 Corona, CA 92879 The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement 14-4390/126288 19 31 IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification 32 LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY, and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR 33 ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees 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 14-4390/126288 20 provision shall be deemed dependent upon any other unless so expressly provided here As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law 35 GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California 36 DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original Each duplicate original shall be deemed an original instrument as against any party who has signed it 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 14-4390/126288 21 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 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 14-4390/126288 22 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 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 (n) 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 in derogation of compliance with Section 7(b) 39 MINIMUM WAG 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 14-4390/126288 23 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 1(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)(1)(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 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)(n) 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 can be easily seen by the workers 14-4390/126288 24 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 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, 14-4390/ 126288 25 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, 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 ) 14-4390/ 126288 26 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 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 14-4390/ 126288 27 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 they 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 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 144390/126288 28 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 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 14-4390/ 126288 29 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 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 14-4390/ 126288 30 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 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 l(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)(l)(iv) that 14-4390/126288 31 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 I (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 ) 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 ) 14-4390/126288 32 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 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 14-4390/126288 33 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 fails 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 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 14-4390/126288 34 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 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 them 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 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 14-4390/126288 35 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 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 14-4390/126288 36 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 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 seg ) 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 seg ) 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 14-4390/ 126288 37 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 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 14-4390/126288 38 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 Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 1520 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 14-4390/126288 39 conservation plan issued in compliance with the Energy Policy and conservation Act (42 US Section 6201, et seg ) 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 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 14-4390/126288 40 testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer 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 in which he or she is employed on such work to work in 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, Liability 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 District of Columbia or a territory, to such District or to such territory), for liquidated damages Such liquidated damages shall be computed with respect to each individual laborer or mechanic, 14-43 90/ 126288 41 including watchmen and guards, employed in violation of the clause set forth in subparagraph (A) of this paragraph, in the sum of $10 for 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 herembelow 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, 14-4390/126288 42 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be f i-44�-1 executed by and through their authorized officers on O/, 20/4 CONTRACTOR I5M ITS print name (circle one) Chauman/ esident ice President AND By print name ITS (circle one) Secretary/Chief Financial Officer/Asst Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California iv"r V Ci Clerk INITIATED AND AP ROVED I q Director of P lic Works APPROVED City Attorney 144390/126288 43 i T /4 SECTION C PROPOSAL for the construction of FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT from VARIOUS LOCATIONS CC No. 1529 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc , and will be guaranteed for a period of sixty days from the bid opening date If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void Accompanying this proposal of bid, find BID BOND in the amount of10% BID AMouNTwhich said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable Bidder shall signify receipt of all Addenda here, if any. Addenda No. Date Received Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE A FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 BID ITEMS tem r c ^gg'7 ter';;` Description. _ �!Z hi. 'y� {Qu tY n 4 t l.. nit ti - otalQCost 'NO 1 ,11�`� �qn ^� > xr (Extension ku.' s , e ,;�r,� , a Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR as shown on Curb Ramp Detail 1 in 1 Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, 0c"" $ domes, retaining curb, slot pave, etc) 39 EA Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 2 shown on Curb Ramp Detail 2 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed OD $ Q 0tv'o u W curb, sidewalk, domes, retaining curb, etc) 30 EA Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 3 shown on Curb Ramp Detail 3 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed $ d�� $ U�• curb, dowels, sidewalk, domes, retaining curb, etc) 6 EA SUB BID AMOUNT SCHEDULE A $ 2315oo,(0 -TOTAL — SUB -TOTAL BID AMOUNT IN WORDS Note All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.1 .0 SECTION C PROJECT BID SCHEDULE B FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 BID ITEMS Item Description _ Quantity « Unit nit; Cost otaI post No 31 H ,F „:. N 4�g,a a (Extension) , E Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR as shown on Curb Ramp Detail 1 in 1 Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, $ 00. `0 $ b OO, domes, retaining curb, slot pave, etc) 8 EA Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 2 shown on Curb Ramp Detail 2 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed 15 �r $ 0 00� $ 000 curb, sidewalk, domes, retaining curb, etc ) EA 4 Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 3 shown on Curb Ramp Detail 3 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed 8 $�`Ul� $ ��� curb, dowels, sidewalk, domes, retaining curb, etc) EA 4 Install truncated domes to existing Curb Ramp 6 EA $VJ9 -Cl $ C 00-A SUB -TOTAL BID AMOUNT — SCHEDULE B $ 100, 00 SUB -TO^ I_ BID AMOUNT IN WORDS , m o:kA -�r�, , /- ' n VU PO Note All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.2 SECTION C PROJECT BID SCHEDULE TOTALS FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 Sub -Total Bid Schedule A v?" 3 �, Sd Sub -Total Bid Schedule B ` 700 00 TOTAL BID AMOUNT, BASIS OF AWARD (Schedules A-B) aO()` ob TOTAL BID AMOUNT IN WORDS Notes All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor Bid Item(s) Name and Address=of Subcontractor State License Number Class DIR Number Dollar Amount % of Contract By submission of this proposal, the Bidder certifies I That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 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 1/5/18 , at CORONA , CA Date City State JOSEPH A NANCI , being first duly sworn, deposes and says that he or she is PRESIDENT of EBS GENERAL ENGINEERING INC the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham, that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true, and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid EBS GENERAL ENGINEERING INC Name of Bidder 2 d Signature of Bidder 1320 E SIXTH ST, STE 100 CORONA CA 92879 Address of Bidder C-4 California All -Purpose Acknowledgement State of California } County of Orange On ' ( k Y before me, William E. Ellis, Jr personally appeared Joseph A Nanci W.ILLIAM E ELLIS JR Commission # 2127998 Notary Public - California i Orange County My Comm Expires Oct 23, 2019 Notary Public Seal Description of Attached Document Title or Type of Document a Notary Public who proved to me on the basis of satisfactory evidence to be the person) whose nameXis/ate subscribed to the within instrument and acknowledged to me that he/ .,heAhey executed the same in hisH heir- authorized capacity(Q, and that by histhmftheif signatureN on the instrument the person(~&);, or the entity upon behalf of which the personN acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Notary Public Signature Document Date. Number of Pages Signer(s) Other than Named Above. Capacity(ies) Claimed by Signer(s) ❑ Individual ❑ Corporate Officer ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing OPTIONAL ❑ Individual ❑ Corporate Officer ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT, (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 1/5/16 C-5 EBS GENERAL ENGINEERING INC Contractor � xl� JOSEPH A NANCI By PRESIDENT Title California All -Purpose Acknowledgement State of California ) County of Orange On I- CD - k 4 before me, William E . Ellis, J r . , a Notary Public personally Joseph A Nanci atl WILLIAM E ELLIS"6016 JR Commission # 2127998 aa llotary Public - California i-ZOrange County D M Comm Expires Oct 23, 2019 Notary Public Seal Description of Attached Document Title or Type of Document Document Signer(s) Other than Named Above Capacity(ies) Claimed by Signer(s) 0 Individual 0 Corporate Officer. 0 Partner - 0 Limited 0 General 0 Attorney -in -Fact 0 Trustee 0 Guardian or Conservator Other Signer is Representing who proved to me on the basis of satisfactory evidence to be the person) whose nameXis/are subscribed to the within instrument and acknowledged to me that he/ -&h� executed the same in histh=*heir- authorized capacity(, and that by histheiftheff signatureN on the instrument the persons);, or the entity upon behalf of which the personN 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 kit 51�u (� Notary Public Signature umber of Pages• OPTIONAL 0 Individual 0 Corporate Officer 0 Partner - 0 Limited 0 General 0 Attorney -in -Fact • Trustee • Guardian or Conservator • Other Signer is Representing 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 4No If the answer is yes, explain the circumstances in the space provided Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract Date 1/5/16 C-7 EBS GENERAL ENGINEERING INC Contractor JOSEPH A NANCI By PRESIDENT Title BIDDER'S INFORMATION BIDDER certifies that the following information 1s true and correct EBS GENERAL ENGINEERING INC Bidder Name 1320 E SIXTH ST, STE 100 Business Address CORONA CA 92879 City, State Zip (951 279-6869 Telephone Number 720016 A State Contractor's License No and Class 3/31 /96 Original Date Issued 3/31 /16 Expiration Date The work site was inspected by JOSEPH A NANCI of our office on 12/28 , 2015 The following are persons, firms, and corporations having a principal interest in this proposal JOSEPH A NANCI, PRESIDENT The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth EBS GENREAL ENGINEERING INC Company Name Signature of Bidder JOSPEH A NANCI Printed or Typed Signature Subscribed and sworn to before me this 05 day of 1 , 2016 NOTARY PUBLIC C-8 NOTARY SEAL California All -Purpose Acknowledgement State of California } County of Orange On (n before me, William E. Ellis, Jr. personally appeared Joseph A Nanci wr.a- aWILLIAM E ELLIS A Commission #E 2127998 Notary Public - California Z Orange County Comm l x Tres Oct 23, 2019 Notary Public Seal Description of Attached Document Title or Type of Document a Notary Public who proved to me on the basis of satisfactory evidence to be the persons) whose nameXWatt: subscribed to the within instrument and acknowledged to me that he/ Ae4twy executed the same in his/hcrAheir- authorized capacity(i&Q, and that by histtrerfthetr signatureK on the instrument the person, or the entity upon behalf of which the personN acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Notary Public Signature Document Date. Number of Pages- Signer(s) Other than Named Above Capacity(ies) Claimed by Signer(s) ❑ Individual ❑ Corporate Officer ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing OPTIONAL ❑ Individual ❑ Corporate Officer ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."} Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years 1 SEE ATTACHMENT Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed Provide additional project description to show similar work 2 Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed Provide additional project description to show similar work 3 Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed Provide additional project description to show similar work C-9 3 Year References (2012-2015) Public Works 1. Project Raise Manholes to Grade & Sewer Lateral Replacement Project Address Various Streets — Riverside Owner Name City of Riverside Contact familiar with project Phone Steve Howard (951) 712-3904 Price of contract Type Of Work Date Complete $21,500 R&R Curb and Gutter 08/2015 to On -Going 2. Project Sewer Replacement Various Locations Project Address Various Locations - Fullerton Owner Name and Address City of Fullerton Contact familiar with project Phone: Eric Villagracia 714-738-6853 Date $998,151 Sewer 1/2012 to 2/2013 3. Project 2014/2015 Citywide Curb, Gutter, Sidewalk, Driveway Repairs Project Address City Wide - Riverside Owner Name City of Riverside Contact familiar with project Phone: Steve Howard (951) 712-3904 Price of contract Type Of Work Date Complete $407,628 Street Improvement 11/2014 to 02/2015 3 Year References (2012-2015) Public Works 4. Project Miller Ave and Alder Ave Traffic Signal and Street Improvements Project Address Miller Ave and Alder Ave Owner Name Q -to oV AO City of Fontana �' 5. Contact familiar with ro' ct Phone: /J AAA- �/ Alfred Girardot 909-350-6647 �" NNrice of conrracr ►ype ur vvoru ua[r wMPIULU $390,355 Traffic Signal and Street Improvements 07/2012 to 06/2013 / V K \01, � o S. Project Annual Concrete Repair FY 2014-15 V Project Address Various Locations — R cho Santa Margarita Owner Name / City of Rancho,Santa Margarita G $5 Phone: 949-635-1800 Street Improvements 6. Project Improvement of Broadway Street Project Address Between Termino Ave and Livingston Dr Owner Name City of Long Beach _Contact -familiar with project Phone Charles Ramey 562-570-6383 Price -of -contract Type Of Work Date 04/2015to 05/2015 6406 $922,794 Street Improvements 11/2011 to 12/2013 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years These projects do not have to be under the employment of the bidder of this project Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1 WILLIE ELLIS Name of proposed Project Manager Telephone No of proposed Project Manager 951-279-6869 EXT 120 SEE 3- YEAR REFERENCE Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount 2 RICK HAYDEN Type of Work Date Completed Name of proposed Superintendent Telephone No of proposed Superintendent `t`? ►. 2 ct - U$U q 'irxy SEE 3-YEAR REFERENCE U-1 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-10 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771 1(a)). passed by the California State Senate on June 20, 2014. established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through .Tune 30 state fiscal year) with the California Department of Industrial Relations (DIR) Currently the annual non-refundable registration fee for Contractors is $300 Each contractor to whom a public works contract has been awarded shall sign the following certificate DIR FACT SHEET on SB 854 http //www dir ca gov/DLSE/PublieWorks/SB854FactSheet-6 30 14 pdf DIR's Contractor Registration Link — Call (844) 522-6734 https //efiling dir ca gov/PWCR/ActionServlet?action=displayPWCRegistrationForm D1R's Contractor Registration searchable database https //efiling dir ca gov/PWCR/Search action I am aware and will comply with the provisions of Labor Code Section 1771 1(a) which states "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725 5 It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029 1 of the Business and Professions Code or by Section 10164 or 20103 5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded " I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid Date 1/5/16 DIR # 1000005295 C-11 EBS GENERAL ENGINEERING INC Contractor JOSEPH A NANCI By PRESIDENT Title 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 requirements of Section 3 of CFR Part 135 of the HUD Act of 1968, or Will hire no new employees in conjunction with this project Will award 10% of its sub -contracts to Section 3 businesses This certification shall apply to the prime contractor's sub -contracts related to this project Contractor EBS GENERAL ENGINEERING INC Contact Person JOSEPH A NANCI Contact Phone Signed Date 951-279-6869 oe 1/5/16 *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-12 California All -Purpose Acknowledgement State of California } County of Orange On I , b . ( <0 before me, William E . Ellis, Jr. , a Notary Public personally appeared Joseph A Nanci WILLIAM E ELLIS A Commission # 2127998 z : =e Notary Public - California Z Orange County My Comm Expires Oct 23, 2019 Notary Public Seal Description of Attached Document Title or Type of Document who proved to me on the basis of satisfactory evidence to be the persons) whose nameXis/are subscribed to the within instrument and acknowledged to me that he/ 6he/thay executed the same in hisfhcrftlreff- authorized capacity(1eQ, and that by his/trm theif signatureN on the instrument the person, or the entity upon behalf of which the personN acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Notary Public Signature Document Date. Number of Pages- Signer(s) Other than Named Above Capacity(ies) Claimed by Signer(s) C7 Individual Corporate Officer. C7 Partner - C7 Limited C7 General Attorney-m-Fact Trustee Guardian or Conservator Other Signer is Representing OPTIONAL C7 Individual Corporate Officer C7 Partner - C7 Limited ❑ General Attorney-m-Fact Trustee Guardian or Conservator Other Signer is Representing. LA BID BOND KNOW ALL MEN BY THESE PRESENTS, that we EBS General Engineering, Inc. as principal, hereinafter called the "Principal," and SVRETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto City of Huntington Beach as obligee, hereinafter called the Obligee, in the sum of ten percent of amount bid 10 % of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents WHEREAS, the principal has submitted a bid for FY 15/16 Curb Access Ramp Installation Project CC No 1529 NOW, THEREFORE, if the contract be timely awarded to the Pnncipal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project, and PROVIDED, FURTHER, unless the bid documents require that bid security remain in effect for a longer period of time, Surety shall have no liability hereon if a contract for the bid amount is not awarded to Principal within 60 days of the date hereof SIGNED, sealed and dated this 2 8 th day of December 20 15 EBS General Engineering, Inc. (Principal) BY 1_ TITLEJV6%"F SureTec-I ura man BY C les T. lake ,Attorney -in -Fact suretec bid bond file doc Rev 1106 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 ORANGE ) On 12-28-15 before me, LEXIE SHERWOOD - NOTARY PUBLIC , Date Here Insert Name and Title of the Officer personally appeared CHARLES L. FLAKE 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 LEXIE ERWOOD COMM # 2031782 a NOTARY PUBLIC CALIFORNIA n zs ORANGE COUNT Comm Exp JULY 27, 2017 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal r / Signature ,{('/y�/(,• ignature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document 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 ❑ 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 • 1-800-US NOTARY (1-800-876-6827) Item #5907 POA # 510123 SureTec- Insurance Company LBUTED POWER OF ATTORNEY Know AU Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Hams County, Texas, does by these presents make, constitute and appoint Charles L Flake, David L Culbertson, Richard A Coon, Spencer Flake its true and lawful Attorney-m-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for Five Million and 00/100 Dollars ($5,000,000 00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises Said appointment shall continue in force until 10/31/2016 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-m-Fact to represent and act for and on behalf of the Company subject to the followmg provisions Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and al] notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-m-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate beanng facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 201h of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 18th day of May A D 2015 'Op..f r SURETEC INSURANCE COMPANY SVRAkC 16, o By: John kdox Jr resident State of Texas ss �,`w 1 y %q County of Harris On this t 8th day of May AD 2015 before me personally came John Knox Jr, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument, that he knows the seal of said Company, that the seal affixed to said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said Company, and that he signed his name thereto by like order JACQUELY:MALDONADONotlicStatxasMy Commxaalzot7 Jacq elyn Maldonado, Notary Public My commission expires May 18, 2017 I, M Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in fill] force and effect, and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect Given under my hand and the seal of said Company at Houston, Texas this 28TH day of DECEMBER 2015 , AD n /_ Bredt Beaty, Assistant Seci etary Any instrument issued in excess of the penalty stated above is totally void and without any validity For verification of the authority of this power you may call (713) 812-0800 any business day between 8 00 am and 5 00 pm CST California All -Purpose Acknowledgement State of California } County of Orange On �� - NN before me, William E. Ellis, Jr. personally appeared Joseph A Nanci WILLIAM E ELLIS A Commission #t 2127998 -� Notary Public California z Orange County %Comm E ires Oct 23. 2019 Notary Public Seal Description of Attached Document Title or Type of Document. a Notary Public who proved to me on the basis of satisfactory evidence to be the persons) whose nameXis/are subscribed to the within instrument and acknowledged to me that he/ sheAey executed the same in lusthcrfthetr- authorized capacity(1eQ, and that by his/h *herff signaturex on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal MAI " . A Notary Public Signature Document Date: Number of Pages- Signer(s) Other than Named Above Capacity(ies) Claimed by Signer(s) ❑ Individual ❑ Corporate Officer ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing OPTIONAL ❑ Individual ❑ Corporate Officer ❑ Partner - ❑ Limited ❑ General ❑ Attorney-m-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing. CITY OF HUNTINGTON BEACH PROJECT NAME: 15/16 Curb Access Ramp Installation Project CC#: 1529 BID OPENING DATE: 1/7/2016 TIME & LOCATION: 2:00 PM in Council Chambers ENGINEER'S ESTIMATE: $230,000.00 BIDS SUBMITTED (AS READ AT OPENING) BIDDER'S NAME FINAL RANK APPARENT BID AMOUNT All American Asphalt, Corona -- CT&T Concrete Paving, Diamond Bar EBS General Engineering, CoronaF Excel Paving, Long Beach Golden State Constructors, Placentia ' Hardy & Harper, Santa Ana HMCC, Los Angeles J.RDMMAC Incl, Victorville - Martinez Concrete, Azusa Minco Construction, Gardena Nobest, Westminster m7 PUB Construction Ruiz Concrete and Paving, Long Beach Sir G All Construction, La Puente - - Unique Performace, Anaheim Vido Smarzich, Alta Loma 00 L1-7 N, 50 a' • --Me_ Ow 0® If PTS 08272015 Version 15 CC1529 N16 Jl,°N -7 P11 1, : 3, C!'i" Y CLs !,'I 1 Y -,F I"IPA TIt4,'-T011 i3,'-AC1, =� general enpneenng, inc. 1320 E. SIXTH, SUITE 100 CORONA, CA 92879-1700 Tel: (951) 279-6869 FAX: (951) 279-6832 City of Huntington Beach Office of City Clerk 2000 Main St; Second Floor Huntington Beach, CA 92648 ELITE-1 OP ID Kl .4CORIo `Illft� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 1 03/09/2016 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 Phone 949-756.4100 E NAME INVENSURE Insurance Brokers 17991 Cowan Fax 949-756.4199 Irvine, CA 92614-6025 Bob Parent PHONE FAX Arc No Ext (Arc, No) D" L ADDRESS INSURER(S) AFFORDING COVERAGE NAIC t INSURERA Liberty Mutual Fire Ins Co 23035 INSURED EBS General Engineering, Inc INSURER Liberty Insurance Corporation 42404 1320 E Sixth St #100 Corona, CA 92879-1785 INSURER INSURER D INSURER E INSURERF COVERAGES CERTIFICATE NUMBER REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY t:Fl- MMIDD POLICY EXP MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 PREMISES(Ea occurrence) $ 100,000 A X COMMERCIAL GENERAL LIABILITY X TB2,Z91-454286-015 09/28/2015 09/28/2016 CLAIMS -MADE OCCUR MED EXP (Any one person) $ EXCLUDE PERSONAL & ADV INJURY $ 1,000,00 X $5,000 Deductible GENERALAGGREGATE $ 2,000,00 GENL AGGREGATE LIMITAPPLIES PER PRODUCTS - COMP/OPAGG $ 2,000,00 $ POLICY X PR4 LOC AUTOMOBILE LIABILITY C(Ee aOMBINED SINGLE LIMIT ccident $ 1,000,000 BODILY INJURY (Per person) $ A X ANY AUTO X AS2-Z91-454286-025 09/28/2015 09/28/2016 BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,00 AGGREGATE $ 4,000,00 B EXCESS LIAB CLAIMS -MADE TH7,Z91-454286-045 09/28/2015 09/28/2016 DED I X I RETENTION $ 10000 $ A WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YJ�N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N f A X WC2,Z91-454286-035 09/28/2015 09/28/2016 X WC STATU- OTH- TORY LIMITS I I ER E L EACH ACCIDENT $ 1,000,00 E L DISEASE - EA EMPLOYEE $ 1,000,00 E L DISEASE - POLICY LIMIT $ 1,000,00 If yes describe under DESCRIPTION OF OPERATIONS below APPROVED AS TO DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) "The City of Huntington Beach, its officers, elected or appointed officials, employees, agents 5 volunteers is additional insured per attached CG2037 04 13, CG2010 04 13 and CA2048 10 13 Primary Wording LC 24 20 02 13, C Waiver of Subrogation form WC040306 4/84 apply per attached Pro3ect 15/16 Curb Access Ramp Installation Pro3ect No 1529, Huntington Beach. Sr. n VMichael Gate , City Attu City of Huntington Beach CITY015 2000 Main St Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE O 1988-2010 ACORD CORPORATION All rig nts reserved ORM ney ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER TB2-Z91-454286-015 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations Location And Description Of Completed Operations City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers 15/16 Curb Access Ramp Installation No 1529 Huntington Beach, CA Information required to complete this Schedule, if not shown above, will be shown in the Declarations A Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily inju " 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" However 1 The insurance afforded to such additional insured only applies to the extent permitted by law, and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance. If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance 1 Required by the contract or agreement, or 2 Available under the applicable Limits of Insurance shown in the Declarations, whichever is less This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations CG 20 37 04 13 © Insurance Services Office, Inc, 2012 Page 1 of 1 POLICY NUMBER TB2-Z91-454286-015 COMMERCIAL GENERAL LIABILITY CG 2010 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations Locations Of Covered Operations City of Huntington Beach, its officers, elected or 15/16 Curb Access Ramp Installation Project appointed officials, employees, agents and No 1529 volunteers Huntington Beach, CA Information required to complete this Schedule, if not shown above, will be shown in the Declarations A Section II — Who Is An Insured is amended to include 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 However 1 The insurance afforded to such additional insured only applies to the extent permitted by law, and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply This insurance does not apply to "bodily injury" or "property damage" occurring after 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed, or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project CG 2010 04 13 C ISO Properties, Inc, 2012 Page 1 of 2 0 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement, or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations Page 2 of 2 0 ISO Properties, Inc, 2012 CG 20 10 04 13 POLICY NUMBER AS2-Z91-454266-025 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form This endorsement does not alter coverage provided In the Coverage Form SCHEDULE Name Of Persons) Or Organization(s). "person or organzation whom you agreed In wntmp as an addruorud insured, bill only for the coverage and nunimum lifts of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the units of insurance provided in this policy Information required to complete this Schedule, If not shown above, will be shown In the Declarations Each person or organization shown in the Schedule is an "Insured" for Covered Autos Liability Coverage, but only to the e)dent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section Ili — Covered Autos Liability Coverage in the Business Auto and Motor Camer Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form CA 20 48 1013 0 Insurance Services Office, Inc, 2011 Page 1 of 1 Policy Number TB2-Z91-454286-015 Issued by Liberty Mutual Fire Ins Co THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT — SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Person or Organization: All persons with whom you have a written agreement to include them as Additional Insured, which Is signed in advance of the "occurrence" or offense for which the Additional Insured seeks coverage If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person or organization shown in the Schedule of this endorsement that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4 Other Insurance of Section IV - Conditions will not apply If the applicable written agreement does not specify on what basis the liability Insurance will apply, the provisions of Paragraph 4 Other Insurance of Section IV - Conddions will govern However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or "sutt" LC 24 20 0213 ® 2013 Liberty Mutual Insurance All rights reserved Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc , with its permission WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSE VENT - CALIFORNIA Wa have the rigid to recover our payments from anyone (table for an Injury covered by this policy. We vA not enforce our right against the person or organtzabon named In the Schedule. {This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreerrle►d from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described In the Schedule. The addWriai premium for this endorsement shall be 2.0% of the California workers' compensation premium otherwise due on such remuneration, Schedule Pelson or Organization Job Descrotion Where required by contract or written agreement prior to loss and allowed by law, fm� by Uberty Mutual Fire Insurance Company For attoowwato Policy NO.WC2-Z91-454286-035 EflecM Date 9128/15 Premium $ Issued to EBS General Engineering, Inc. WC 04 03 06 Page t Of I ED 04/19B4 RECEIVED BY - (Name) (Date) A In 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 Cler Bond Acceptance I have received the bonds for �� s 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 (Company Name) �w --5-:T4�z Y:��CD 5 76 1/ Approved Agenda Item No City Clerk Vault No SIRE System ID No Jo (Counc# Appr val Date) 600, g /forms/bond transmittal to treasurer EXECUTED IN TWO COUNTERPARTS PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS of Huntington LkL ENGII to as 'City") has awarded to (name and address of Contractor) thereinafter referred to as 'Principal"), a contract ('Contract") for the work described as follows "" 15 16 CURB ACCESS RAMP INSTALLAT (Project Title) BOND #4405761 PREMIUM: INCLUDED IN PERFORMANCE BOND WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to famish a bond to secure the payment of claims of laborers, mecharucs, matenalmen, 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 'Suret)"), and Surety is certified and listed in the U S Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds in the amount required by said Contract, and Surety has provided financial strength ratings from reputable companies, such as from A.M Best, Moody s or Standard S Poors, 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 GTTRFTFC INSURANCE COMPANY _ (name and address of Surety) as Surety, are held and firmly bound unto City in the penal sum of THREE HUNDRED TWENTY—SEVEN THOUSAND TWO HUNDRED AND 00/100S dollars ($ 327 200. 0 , this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants' for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond, otherwise, this obligation shall be null and void This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns In case any action is brought upon this bond, Surety further agrees to pay aft court costs and a reasonable attomey's fee in an amount fixed by the court Page I of 154584/117357 PAYMENT BOND Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond Surety hereby waives notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder Surety also waives the provisions of California Civil Code §§ 2845 and 2849 IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond Dated 3/3/16 ATTEST EBS GENERAL ENGINEERING, INC. (Corporate Seal) (Principal Name) By Name Al -At, Title _VYEF,,C51i' ATTEST SURETEC INSURANCE COMPANY (Corporate Seal) (Surety Name) By Name. N R FLAKE (Signature of Attorney -in -Fact for Surety) (Attach Attorney -in -Fact Certificate) (� 619-400-4100 (Area Code &Telephone Number for Surety) APPROVED ASP'PaM �Gtes� Bytomey Note This bond must be executed in duplicate and dated, all signatures must be notanzed, and evidence of the authority of any person signing as attomey-rn-fact must be attached Page 2 of 2 154594/117357 PAYMENT BOND 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 Oran On 3/3/16 before me, Lexie Sherwood Date Insert Name of Notary exactly as It appears on the official seal personally appeared Spencer Flake Name(s) of Signer(s) LEXIE SHERWOOD COMM # 2031782 NOTARY PUBLIC *CALIFORNIA n a 't ORANGE COUNTY Comm Exp JULY 27, 2017 , Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Witness my hand and O +cial seal Signature Place Notary Seal Above Signature of Nearoublic exie Sherwood OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing Number of Pages Signer's Name ❑ Individual ❑ Corporate Officer—Title(s) — ❑ Partner , ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing POA # 510123 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Hams County, Texas, does by these presents make, constitute and appoint Charles L Flake, David L Culbertson, Richard A Coon, Spencer Flake its true and lawful Attorney-m-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for Five Million and 00/100 Dollars ($5,000,000 00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-m-Fact may do in the premises Said appointment shall continue in force until 10/31/2016 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appomt any one or more suitable persons as Attomey(s)-m-Fact to represent and act for and on behalf of the Company subject to the following provisions Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or mdemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-m-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached (Adopted at a meeting held on 201h of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 18th day of May A D 2015 �,,nnl�nln„�, SURETEC INSURANCE COMPANY \,g V M C By: J f W q t n= John oa Jr. resident State of Texas ss s, y 1 g 17� County of Harris Irynn�lnl� On this 18th day of May A D 2015 before me personally came John Knox it, to me known, who, being by me duly swom, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument, that he knows the seal of said Company, that the seal affixed to said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said Company, and that he signed his name thereto by like order - E(C�S,c, =JACQUELYNMALDONADOO 17 Jacq elyn Maldonado, Notary Public My commission expires May 18, 2017 I, M Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect, and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect Given under my hand and the seal of said Company at Houston, Texas this 3RD day of MARCH, / 2016 , A D Breift Beaty, Assistant Secretary t.ny instrument is::t.au In exr.t�o ui Lla Nt; )t-, bia:ad above is totally void and without any validity For verification of the authority of this power you may call (713) 812-0800 any business day between 8 00 am and 5 00 pm CST California All -Purpose Acknowledgement State of California } County of Orange On 1 before me, _ William E . Ellis, Jr. , a Notary Public Personally appeared. Joseph A Nanci WILLIAM E ELLIS JR Commission # 2127998 Z Notary Public - California Orange County Comm Expires Oct 23, 2019 Notary Public Seal Description of Attached Document Title or Type of Document who proved to me on the basis of satisfactory evidence to be the persons) whose nameXis/ate subscribed to the within instrument and acknowledged to me that he/ eheAke,y executed the same in hisffimAlieff- authorized capacity(1oQ, and that by hislhorftheir signatureK on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Notary Public Signature Document Date: Number of Pages: Signer(s) Other than Named Above Capacity(ies) Claimed by Signer(s) ❑ Individual ❑ Corporate Officer. ❑ Partner - ❑ Limited 1:1 General ❑ Attorney-m-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: OPTIONAL ❑ Individual ❑ Corporate Officer ❑ Partner - ❑ Limited ❑ General ❑ Attorney-m-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other - Signer is Representing. EXECUTED IN TWO COUNTERPARTS BOND #4405761 PREMIUM: $4,712 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS WHEREAS, City of Huntington Beach (hereafter referred to as "City") has, by written agreement dated MARCH 2 , 20 1§ entered into a contract with EBS GENERAL ENGINEERING, 1320 E. SIXTH ST 100, CORONA, CA 9 (name and address of Contractor) (hereinafter referred to as 'Principal'), for performance of the work described as follows FY CURB -KC- ESS (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively 'Contract'), are incorporated herein by this reference made a part hereof as though set forth herein in full, and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract, by a duly admitted surety insurer under the laws of the State of Calrfomia (hereinafter referred to as "Surety'), and Surety is certified and listed in the U S Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract, and Surety has provided financial strength ratings from reputable companies, such as from A M Best, Moody's, or Standard & Poor's, to validate that Surety has positive ratings of being secure or Stable, and Surety is registered and listed with the California Department of Insurance, NOW, THEREFORE, we, the undersigned, as Principal, and (name and address of Surety) as Surety, are held and firmly bound unto City in the penal sum of THREE HUNDRED_ TWENTY—SEVEN THOUSAND TWO HUNDRED AND UUM Dollars ($Z, 200.00 ), this amount being not less than one hundred percent of the price set forth in the Contract, In lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH THAT rfthe Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Pnncipal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time, and rfthe 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 anyway affect, limit, restrict, impair or release the obligations of the Surety under this Bond Surety warves 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 4405761 to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis Surety also waives the provisions of Civil Code §§ 2845 and 2849 The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such parry's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Pnncipal to,execute or property execute this bond Dated 3/3/16 ATTEST EBS GENERAL ENGINEERING, INC. (Corporate Sea[) (Pnnapal Name), By G Name .l dy 1 mAu i Title ATTEST SURETEC INSURANCE COMPANY (Corporate Sea[) (Surety Name) By Name"'SPENCER ' Z' (Signature of Attomey-in-Fad for Surety) (Attach Attomeyan-FactCertificate) U 619-400-4100 (Area Code & Telephone Number for Surety) APPROVED AS TO F-GfVVFfig i By 6. ,, Michael E Gates, City Attomey f f Note This bond must be executed in dupficate and dated, all signatures must be notarized, and evidence of the authon y of any person signing as attomey4ri-fact must be attached Page 2 of 2 15-45841117174 PERFORMANCE BOND 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 Ora On 3/3/16 before me, Lexie Sherwood Date Insert Name of Notary exactly as it appears on the official seal personally appeared Spencer Flake Name(s) of Signer(s) LEXIE SHERWOOD COMM # 2031782 V @Comm NOTARY PUBLIC •CALIFORNIA n aORANGE COUNTY Exp JULY 27, 2017 ,ry , Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Witness my hand a d ojficial seal Signature Place Notary Seal Above Signature of rMfaPu-bllc.,LexieSherwoocF— OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document Description of Attached Document Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Individual ❑ Corporate Officer — Titles) ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing Number of Pages Signer's Name ❑ Individual ❑ Corporate Officer—Title(s) ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing POA #. 510123 SureTec Insurance Company LMTED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Hams County, Texas, does by these presents make, constitute and appoint Charles L Flake, David L Culbertson, Richard A Coon, Spencer Flake its true and lawful Attorney-m-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and dehver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for Five Million and 00/100 Dollars ($5,000,000 00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-m-Fact may do in the premises Said appointment shall continue in force until 10/31/2016 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-m-Fact to represent and act for and on behalf of the Company subject to the following provisions Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recogmzances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents cancelmg or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsmule seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached (Adopted at a meeting held on 201" of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 18th day of May A D 2015 ry SURETEC INSURANCE COMPANY 0 \) ANOFa,` f, X �9, oo� By: w; w ; $- John oa Jr. resident State of Texas ss ��, d CO f Y County of Hams ,e+' On this 18th day of May A D 2015 before me personally came John Knox Jr, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument, that he knows the seal of said Company, that the seal affixed to said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said Company, and that he signed his name thereto by like order Ec,c, JACOUELYN MALDONADONotary PublicState of Texas'' My Comm Exp 5/18/2017 Aqelyn Maldonado, Notary Public My commission expires May 18, 2017 I, M Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect, and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect Given under my hand and the seal of said Company at Houston, Texas this 3RD day of MARCH' / 2016 , A D Bredt Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity For verification of the authority of this power you may call (713) 812-0800 any business day between 8 00 am and 6 00 pm CST. California All -Purpose Acknowledgement State of California } County of Orange On _ - ` < (p before me, William E . Ellis, jr. , a Notary Public personally appeared Joseph A. Nanci WILLIAM E ELLIS A Commission # 2127998 = -: Notary Public - California Orange County Comm Expires Oct 23 2019 Notary Public Seal Description of Attached Document Title or Type of Document. who proved to me on the basis of satisfactory evidence to be the personN) whose nameXis/are subscribed to the within instrument and acknowledged to me that he/ ehe4h@y executed the same in htsfficiftfetr- authorized capacity(ieQ, and that by lus/timftfieir signatureK on the instrument the persons or the entity upon behalf of which the personN acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Notary Public Signature Document Date: Number of Pages: Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) ❑ Individual ❑ Corporate Officer ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing: OPTIONAL ❑ Individual ❑ Corporate Officer ❑ Partner - ❑ Limited ❑ General ❑ Attorney-m-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing. All of the Board of Directors of EBS General Engineering, Inc , desiring to insure that all the proper and authorized individuals, who have corporate authority to bind the said corporation to any and contracts executed by such authorized individuals, have been approved by the board of directors of EBS General Engineering, held a meeting on January 3, 2010 The Board, following a review of the foregoing matter, and upon motion made and seconded, the Board of Directors hereby determines and votes unanimously as follows BE IT THEREFORE RESOLVED that Joseph Nanci is hereby designated, authorized and empowered, to be duty authorized with all the attendant powers and authorizations related thereto, to bind, obligate and commit EBS General Engineering, Inc to any and all contracts executed by and between EBS General Engineering, Inc and any other contracting party. There being no further or pending business before the Board, the meeting was adjourned. BOARD OF DIRECTORS Date January 3, 2010 Josepl4 1. /-, � yvanci, Sole Director ATTESTATION I, being the Secretary of the above referenced corporation, do hereby certify that the above resolution is the resolution of the corporation Dated I 3 /O /-'� Jos;011,11ancj, Secretary Company Profile Page 1 of 1 Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's t Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information Old Company Names Agent For Service Vivian Imperial 818 WEST SEVENTH STREET SUITE 930 LOS ANGELES CA 90017 Reference Information SURETEC INSURANCE COMPANY 1330 POST OAK BLVD , SUITE 1100 HOUSTON, TX 77056 Effective Date NAIC # 10916 California Company ID # 4914-8 Date Authorized in California 10/24/2005 License Status UNLIMITED -NORMAL Company Type Property & Casualty State of Domicile 7TEXAS back to top NAIC Group List NAIC Group # 4779 )K Grp Lines Of Business The company is authorized to transact business within these lines of insurance For an explanation of any of these terms, please refer to the glossary SURETY back to top Cc� 2008 California Department of Insurance https //Interactive web insurance ca gov/companyprofile/companyprofile?event=companyP 3/14/2016 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 March 31, 2016 EBS General Engineering ATTN Joseph Nanci 1320 E Sixth St , Ste 100 Corona, CA 92879 Re FY 15/16 Curb Access Ramp Installation Project — CC-1529 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, Joan L Flynn, CIVIC City Clerk J F pe Enclosures Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister Cities Anjo, Japan ♦ Wartakere, New Zealand Dept ID PW 16-002 Page 1 of 2 Meeting Date 2/1/2016 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 2/1/2016 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: Authorize appropriation of funds and award and authorize execution of a construction contract in the amount of $327,200 with EBS General Engineering for the FY 15/16 Curb Access Ramp Installation Project, CC-1529 Statement of Issue On January 7, 2016, bids were opened for FY 15/16 Curb Access Ramp Installation Project, CC- 1529 City Council Action is requested to award the construction contract to EBS General Engineering, the lowest responsive and responsible bidder Financial Impact Total funds in the amount of $376,000 are available for this project Funds of $211,810 are available in Account numbers 86085101 and 121985001 Staff is seeking an appropriation of $164,190 from the Measure M Fund, undesignated fund balance Recommended Action A) Accept lowest responsive and responsible bid submitted by EBS General Engineering in the amount of $327,200, and, B) Authorize the appropriation of $164,190 from the Measure M Fund undesignated fund balance to account 21385201 82800, and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney Alternative Action(s) Reject all bids and provide staff with an alternative direction Analysis The project consists primarily of installing curb access ramps at various locations throughout the City in the residential neighborhoods The American with Disabilities Act (ADA) statute requires the city to provide facilities and programs that are accessible to individuals with disabilities Many of our street intersections and crossings lack the curb access ramps necessary to comply with ADA requirements In 2015, Public Works was awarded a Community Development Block Grant for construction of curb access ramps throughout the city The project will provide ramps at 112 locations in the residential reporting districts depicted in the Attachment 1 location map These locations are prioritized from a list compiled by Public Works staff, based on staff and street condition HB -101- Item 8. - I Dept ID PW 16-002 Page 2 of 2 Meeting Date 2/1/2016 The bids were publically opened on January 7, 2016 with the verified bid amounts listed below Bidding Contractor Submitted Bid Verified Bid PUB CONSTRUCTION $261,23000 $261,23000 EBS GENERAL ENGINEERING $327,20000 $327,20000 RUIZ CONCRETE AND PAVING $328,472 00 $330,55940 VIDO SMARZICH $352,80000 $352,80000 HOFFMAN MANAGEMENT & CONSTRUCTION $372,74800 $372,74800 GOLDEN STATE CONSTRUCTORS INC $389,20000 $389,20000 NOBEST INC $394 600 00 $394 600 00 HARDY & HARPER 465 000 00 $465,00000 CT&T CONCERTE PAVING 465 530 00 $465,53000 After the bid opening, the lowest bidder, PUB Construction withdrew their bid due to a clerical error in their proposed price Staff recommends award of the contract to EBS General Engineering, in the amount of $327,200 The experience and reference check for the company has provided acceptable responses from past clients for similar projects The total estimated project cost is $376,000, which includes the construction contract, project management, construction contingency and supplemental expenses (inspection and labor compliance services) Public Works Commission Action The Public Works Commission reviewed and approved the project was in substantial conformance with the CIP on October 21, 2015, with a vote of 5-0-1 (Commissioner Troxell absent) Environmental Status The project is categorically exempt pursuant to Class 1, Section 15301 of California Environmental Quality Act Strategic Plan Goal Enhance and maintain infrastructure Attachment(s) 1 Vicinity Maps Item 8. - 2 xB -102- NTS s mimmmoom s PROJECT LOCATION CURB RAMP INSTALLATIONS INCLUDE REPORTING DISTRICT'S (RD) 116, 117, 118, 128, 136, 146, 156, AND 157 LEGEND PROJECT BOUNDARY ------ RD BOUNDARY CURB RAMP INSTALLATION CC-1529 PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH , DEPARTMENT OF PJHB -1o3-WORKS FaW Item 8. - 3 CITY OF HUNTINGTON BEACH PROJECT NAME: 15/16 Curb Access Ramp Installation Project CC#: 1529 BID OPENING DATE: 1/7/2016 TIME & LOCATION: 2:00 PM in Council Chambers ENGINEER'S ESTIMATE: $230,000.00 BIDS SUBMITTED (AS READ AT OPENING) BIDDER'S NAME FINAL RANK APPARENT BID AMOUNT All American Asphalt, Corona CT&T Concrete Paving, Diamond Bar' ..s' EBS General Engineering, Corona Excel Paving, Long Beach Golden State Constructors, Placentia Hardy & Harper, Santa Ana HMCC, Los Angeles `f, aj.-, J/✓ice, �/' 1 �� 2 5�G ov p J.RDMMAC Incl, Victorville Martinez Concrete, Azusa Minco Construction, Gardena Nobest, Westminster T /� PUB Construction Ruiz Concrete and Paving, Long Beach Sir G All Construction, La Puente Unique Performace, Anaheim Vido Smarzich, Alta Loma PTS 08272015 Version 15 CC1529 Ca. © =' N =c �38 NO1JNIIH(IH 10 ,kilo 10 :Z lid L- NVP 910? "s-j UG NOiONIINnp 30 ,kilo 6S : I W8 L- NVf 9101 N C� c� o O 1 -- i 2,13 SECTION A ,2,/,a NOTICE INVITING SEALED BIDS for the construction of FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC No. 1529 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 P M on Thursday, January 7, 2016 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 $10.00 nonrefundable fee if picked up, or payment of a $30.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery) Plans, Specifications, and contract documents can be downloaded free on AGENCY website http //www huntinZonbeachca gov/government/departments/public works/Bids/ Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648 This project includes Community Development Block Grant (CDBG) funding 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 the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY All extension of unit prices will be subject to verification by the AGENCY In case of a variation between the unit price and the extension, the unit price will govern Project Description This project will provide the construction of 112 curb access ramps throughout the city These locations are prioritized from a list compiled by Public Works staff, based on staff and public requests The proposed locations are listed in the Appendix along with Contractor guidelines and provisions to meet all Federal requirements • The contract shall allow the Contractor 60 working days to complete the contract • The engineer's estimate of probable construction cost for the work included in the basis of award is $230,000 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 8th day of September 2015, by Resolution No 2015-47. Attest Joan L Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH FiCITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention Joan L Flynn To City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date December 2. 2015 Project/C C No. CC No 1529 Regarding Curb Access Ramp Protect ® We are sending you ❑ By Mad ® By E-Mail (Number of pages including this sheet )_3_ ❑ We are hand delivering ❑ Attached ❑ Under a separate cover via the following items ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other Notice Inviting Sealed Bids Items# 'C6 les I Pages = r _, 4 Description y j 1 1 1 Notice Inviting Sealed Bids for CC-1529, Curb Access Ramp Project These are transmitted as checked below ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted - ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other Remarks Per Resolution 2015-47 (adopted on 09/08/15), the City Council authorized the advertisement of the above listed project Please find attached the Notice Inviting Sealed Bids for advertisement on 12/10/15, 12/17/15, 12/24/15and 12/31/15 The bid opening is scheduled for 1/07/15 at 2 00 PM Please contact me at 536-5259 with any questions you may have By Joe Fuentes, Civil Engineering Assistant c file G \CONMIUMON CONTRACPS (CCSACC1529 RESIDENTIAL Cush RAMP\ENGMExwG\AnvernsENUrrr\MSB TRANS nTAL To Ctexx-CC-1529 Doc Unsuccessful Bids CC-1529 FY 15/16 Curb Access Ramp Installation Project, Various Locations 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 April 1, 2016 Hoffman Management & Construction Corp 2301 East 7" St D116 Los Angeles, CA 90023 RE FY 15/16 Curb Access Ramp Installation Project, Various Locations — CC-1529 Enclosed please find your original bid bond for CC-1529 Sincerely, Joan L Flynn, CMC City Clerk JF pe enclosure Sister Cities Anjo, Japan ♦ Waitakere, New Zealand 2016 AN -7 PM 12: 52 CITY CLFRK �`f 15�It (�r6 �cus� IMP JA��Ilaf i�. pwiQ�f cc No. Izq 73 t I E. 11 Lv, ploc', (A SECTION C PROPOSAL for the construction of FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT from VARIOUS LOCATIONS CC No. 1529 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc , and will be guaranteed for a period of sixty days from the bid opening date If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void Accompanying this proposal of bid, find W,JQ in the amount of __j 0 %L which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable ' Bidder shall signify receipt of all Addenda here, if any Addenda No. Date Received Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE A FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 BID ITEMS Item Description Quantity Unit Unit Cost Total Cost No. (Extension) Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR as shown on Curb Ramp Detail 1 in 1 Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, av $� pp $.1� domes, retaining curb, slot pave, etc ) 39 EA D 1� Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 2 shown on Curb Ramp Detail 2 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed 30 $ $ �� �• curb, sidewalk, domes, retaining curb, etc) EA Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 3 shown on Curb Ramp Detail 3 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed $ $ curb, dowels, sidewalk, domes, retaining curb, etc) 6 EA SUB -TOTAL BID AMOUNT — SCHEDULE A $ 2b�d pO SUB -TOTAL BID AMOUNT IN WORDS UD 6ilJoA s1,4i ;-W4;qm4 MAI 6hbea tier 1 Ad Im ow l Note All extensions of unit prices will be subject to verification by Owner In case verification Is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.1 SECTION C PROJECT BID SCHEDULE B FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 BID ITEMS Item Description Quantity Unit Unit Cost Total Cost No. (Extension) Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR as shown on Curb Ramp Detail 1 in 1 Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, 8 $°' ] u Qp $ ��� �Zl domes, retaining curb, slot pave, etc ) EA Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 2 shown on Curb Ramp Detail 2 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed go $� curb, sidewalk, domes, retaining curb, etc) 15 EA Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 3 shown on Curb Ramp Detail 3 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed 8 $ �41V' 1 oe $ IT curb, dowels, sidewalk, domes, retaining curb, etc) EA 4 Install truncated domes to existing Curb Ramp 6 EA $ L% ' $ 4�•� SUB -TOTAL BID AMOUNT — SCHEDULE B $ III, tit. SUB -TOTAL BID AMOUNT IN WORDS Tern ( Note All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.2 SECTION C PROJECT BID SCHEDULE TOTALS FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 Sub -Total Bid Schedule A Sub -Total Bid Schedule B TI��$•� TOTAL BID AMOUNT, BASIS OF AWARD (Schedules A-B) t 312 i eo TOTAL BID AMOUNT IN WORDS la fir(( �Kw 9,k)6 I �4o AW Notes All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items IGDAJ LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor Bid Item(s) Name and Address of Subcontractor State License Number Class DIR Number Dollar Amount % of Contract By submission of this proposal, the Bidder certifies 1 That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on •�•ZO(I. , at IPS 1 of G(A Date Qcity State mum O(' M , be first duly swor , de oogand says that he or she is ksjk,( of cMn 6 C the party making the foregoing bid that the bid is not made in the mteres 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 an►u �S U �1 �V ame of Bidde Signatu e f id 23e1 �. 51. 4 fill` Ws . (b 11023 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT, (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 I'mWaiq b Vu L C-5 [&� + Contractor 1 1 *0144,��►i.��/ �11Vi� I I NW*4 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 regulation9 ❑ Yes 0 No If the answer is yes, explain the circumstances in the space provided Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and 1 will comply with such provisions before commencing the performance of the work of this contract Date 1"al 0, ZU] � C-7 �ffM&A Contractor 1 11 -.100EV"t I'll, -I I W& Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct 6s�VOhV� Bidder Name 23b1 WL Business Address City, i State Zip ( 3)o ) Ito - T20� Telephone Number 5db 09z ht 4 State Contractor's License No and Class Original Date Expiration Da The work site was inspected by of our office on kk4 21*` , 2013 The following are persons, firms, and corporations having a principal interest in this proposal �MIAM AAA Ar !� Ip1�tS V r owl 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 a WA#J14 cifications set forthaln kt-4ICU► Combariv Name t A / Printed or Typed Stgnafure Subscribed and sworn to before me this day of , 201 JANELLE R HOFFMAN Commission # 1992697 a = Notary Public - California z �(1QQQQ dos Angeles County NOTARY PUBLIC D My Comm. Expires Sep 30, 2016 C-s 0aoI( 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 Los2� PS Subscribed and sworn to (or affirmed) before me on this day of 201�, , by -c nru 14tr nr�u^ proved to me on the basis of satisfactory evidence to be the e JANELLE R HOFFMAN Commission # 1992697 z Notary Public - California z Z ' Los Angeles County r My Comm Expires Sep 30, 2016' (Seal) Slgnatur Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."} Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years 1 Los % tS lft �� J M ,� � _AAA Name any Address o Public Agency 2 3 Name and Telephone No of Project Manager K H4 U. Z?. k2 0 13 53b.01t) WI-W �Mb th bk ?ASS Contract Amount Type of Work bate Completed de a drtion project descr►pt►o'qj to s ow s mi a wor h� wook 1A . 61 4 SQ1owk 41 a. � V aW Name and Address of Pdbl►t Agency Name and Telephone No of Project Manager k1PM ���• bZ • ')0 6 D 1* *� rbr rov► Contract Amount Type of Work D e N&pleted Provide add►t►ogqal rod ct description o sho similar work Umjlcribr i�lv►evw�n ql;►JU1M i Name and Address of Public Agency II q Name and Telephone No of Project Manager ► Sf�W�l�tt o . ��• 72a 0 Jbvv t$�Ym Contract Amount Type oflkorkl Date &mpleted Provide C-9 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 Name of proposed Project Manager Telephone No of proposed Project Manager 310. p. Zat Project Name & Contract Amount Type of Work s I I ,nIK J y ,'00�° J�Ily $ Project Name & Contract Amount Type of Work I z S I,�n s , , 1 21`i o.f° tx ►►vf pk F Project Name Contract Amount Type of Work Name of proposed Superintendent Telephone No of proposed Superintendent 327. 311. iI U2 yNV S, is,l�� �t3. �c.A k Project Name & Contract Amount Type of Work u A Project Nam6 & Contract Amount Type of Work ��Gb1 airs iz lly Project Name & Contract Amount Type of Work C-10 h lu N 7Is Completed %I II Date Completed [MVAWo Date tompleted ite Completed HIV 20l � to Completed ,MQ Zels Date Completed CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771 1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR) Currently the annual non-refundable registration fee for Contractors is $300 Each contractor to whom a public works contract has been awarded shall sign the following certificate DIR FACT SHEET on SB 854 http //www dir ca gov/DLSE/PublicWorks/SB854FactSheet-6 30 14 pdf DIR's Contractor Registration Link — Call (844) 522-6734 https //efilmg dir ca gov/PWCR/ActionServlet9action=displayPWCRegistrationForm DIR's Contractor Registration searchable database https //efilmg dir ca gov/PWCR/Search action I am aware and will comply with the provisions of Labor Code Section 1771 1(a) which states "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725 5 It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029 1 of the Business and Professions Code or by Section 10164 or 20103 5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725 5 at the time the contract is awarded " i furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid Contractor By NAal Date J •'14I` tle DiR # 10M lil* C-11 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) LI Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968, or Will hire no new employees in conjunction with this project Will award 10% of its sub -contracts to Section 3 businesses This certification shall apply to the prime contractor's sub -contracts related to this project Contractor 't4N1 Iv CMW#A ' J IAHJI V4jj1 G V Contact Person ► �VN Contact Phone k Signed Date av►` ?N�� *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-12 Bond No N/A BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we Hoffman Management & Construction Corporation as Principal, (hereinafter called the Principal), and American Contractors Indemnity Company , a corporation duly organized under the laws of California and authorized to transact a general surety business in the State of California as Surety, (hereinafter called the Surety), are held firmly bound unto Huntington Beach, City of zuuu main Street as OBLIGEE, (hereinafter called the Obligee), in the sum equal to % of the accompanying bid of the Principal, not, however, in excess of Ten Percent of the Total moun o the Bid for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas, the Principal has submitted or is about to submit to the Obligee a Proposal or bid, dated on or about the date mentioned below, for (1) the performance of the designated work, or (2) the furnishing of the specified goods, supplies or products, to -wit FY 15/16 Curb Ramp Installation Projecff NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any amendment thereof acceptable to the Principal, within the time permitted therefore after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract or any part thereof and if the Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going thereinto, as in the specifications or contracts provided or if the Principal shall in case of failure so to do, pay the Obligee the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal sum of this bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the time of notification to the Principal, and unless legal action to enforce any claim hereunder shall have been commenced within six (6) months from the date of the formal opening of said bid PROVIDED, always, that this Bond shall not be valid and binding upon Surety unless accompanied by a Certified Copy of a Power of Attorney authorizing the undersigned Attorney -in -Fact to execute such a bond, the Serial Number upon which Copy of Power of Attorney shall correspond with the Bond Number set out above Signed, sealed and dated this 6th day of January 2016 Hoffman Management & Construction Corporation Prin al Nam B y P i ipal American Contractors Indemnity Company et .. iw�.�.� ��. ��►; :TSB.. . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE 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 J AN 0 6 2016 before me, Trina Lee Vega, Notary Public Date Here Insert Name and Title of the Officer personally appeared Elisabete Salazar Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(;) is/aY6 subscribed to the within instrument and acknowledged to me that lib/she/tiYdy executed the same in NJ$/her/tYiifir authorized capacity0gs), and that by WA/her/opjr signature(p) on the instrument the person(q), or the entity upon behalf of which the person(s) acted, executed the instrument d TRINA LEE VEGA o � Commission # 2056669 z t� Notary Public - California b Los Argelcs County My Comm Expires Feb 1, 201P Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and fficial e Signatu e It Sig a of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above: Capacdy(ies) Claimed by Signer(s) Signer's Name O Corporate Officer — Title(s) O Partner — E Limited 0 General ❑ Individual 50 Attorney in Fact • Trustee 0 Guardian or Conservator ❑ Other Signer Is Representing Signer's Name- 0 Corporate Officer — Title(s). O Partner — 0 Limited 0 General O Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator O Other: Signer Is Representing- 02014 National• • • • • • • :11 • :11 • •: 91 i I F I IIILi II, 11� '+ III,( I:I li i'II POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY _ —_ ii $ I. in1411'lllli mh rn Gh IIII Iglilll IIII�II = KNOW=ALL=MEN=BY THESE FAE�S�') at �m�tean Contractors Indlemnttyi,Companyl,lia Caltforni=cotp�atto exas= - Bondmg=Company,-an assumed named rnen€a ctors IndemnttylCompanyl;I�IllUnited'�Sb°ates Surety Company, N�aryland = co oration and U S Specialty Insurance Cott an a Texas co oration coll'ecttveil I'Ithe""Companies"),I�Ildo b thes resentmake rP P tY P Y> rP ( Y, Y �P , constitute and appoint Patricia Zenizo, Elisabete Salazar or Pietro Miceiche of Los Angeles California -- P'illill.' Ililllldilllrynh IIIIII III h'III'illll'I�'� Illy, _ —_ its=true and Iawfu� titorne s -m-fact eg�ch m t}h�etr,�'separate,capacity if more thxr> ©n tram—K_at_ye, with full power=and anthor�ty — = YO "i114 II,iII'I'fllll'II'' 'llfljl)IUI 'lll'll'IIIi'IIdIIi' IIIIIIIIIIIIII —_ —_ _ — - -- _ -_ 1�er�_6y confe`ned r s name, place anldl,Istela , tllolle Iellutellilacknowledge arll ve��ati rid t bMils, recognizan_c_es _unde_rtakings -or offer instruments or contracts 'llof lsurletyship io include riders, amenci=meR s`,-rand consents of surety, providirll bond penalty does not exceed *****Three Million***** Dollars (S **3,000,000 00** ) This Power of Attorney shall expire without further action on December 20, 2017 This Power of Attorney is granted under and by authority of_the-following resolutions adopted by the Boards of Directors of the Companies _ FBe W-Resolved-that the President, any Vlcel�resr enf—= s staff i resldent, any Secretary'°or 1°Ianyll'Assisi Ilan {ill IZcretary shall be and IshereWY�wldfih=ll= iI IU Idol ul it li 1l II'ls Isla 611 , ` ,power and-autlibrity=to appoint any one or n re smta1ile personslas �#torri�y(s)-m-Fact to representl'andll'act Ifoi andlonl �ehal'f of the Com an sub set 2o-jhe-ollo_wm 5=p - _ = __ _ _ - __ _ = IIIIII'd�l,' 9111I11i�'i ill, ll'I IIIIII Illllll' IIIIII 6!III (IIIIII P Y=-=1= —g rov�sions Attorney -in -Fact may be given full power and-a—iu honty for and in the name of and on behalf of Elie Company, to execute, acknowledge and deh any and all bonds, iecognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by_the-CorporateSecr III'^ II,II'I,,II'IIIII,I, !(IIII IIII! II III ('IIIIII (IIIIII e-:tResoTved,_thaitthe�iature of any autli'orized officer andlls 1110f th@ Company heretofore othereafte ffr� tog-igower of attorney o>r any_=certificate ielating -_ Uiereto b _ acsmle and— ""' r'p II' m �l � — _ _ - -an end orund = — y power of attomeyIor, Ice tific IteI Ibe, ii Ig,lfallsunile signature or faicsinfi a seal sliffrbuial�_ artA6inding upon the Company with_respd_ct_to=_ y = ertaking to which it is attached - IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto axed, this 1st day of December, 2014 AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BOND NGICOMPANY -- —_ _ __-- t== - UNITED-STAPES=-SSURE- PAA-I U.S. SPECIALTY'I;iINS �NICICIIOMPANY Corpora e_Seals --_ = ,\R. l�..... \ w unRll..l,, nmm�uni�ll�� nunmlll "i I� r t III I'' li q I -- 8 SU °lERP''`O oO C, O,'�Y ansOoII Iy� MINI III ly ''�I �I d Ild�ll IIII I�IWI'� + 4i14P 30= B I� = xm ai = =o ;_ _x r =m o= Y c�— W seer r.,sso <_ 2 r a= i t (((__VVV\\\ � 7 F� i s ''a c a' yo T? sq 5, �'sV - Daniel P. Aguilar, Vice President - - vl'Illiull'Iuwl�III'lllil IIII I �I'an\ A=notary pubii or=otherofficer completing this) certificate venfigs my the tdentityo_ftheindtvi l lta tgaed the _ - 'III 1 II I I III gl -__ = - document=fo wluchlhis—certificate is attached,, and notllkheltruthfulrl accuracy, or �_andit of th_ oeu_mea _ ,III IIIIII IIII -_ _ --- - -- - -- — �State ofCaliforua 14 County of Los Angeles SS On this 1st day of December, 2014, before me, Mania G Rodnguez-Wong, a notary public, personally appeared Dan P Aguilar, Vice President of American Contractors Indemnity_ Company, Texas Bondmg CompanTtlmted=States Surety Company III ,ands„'IIU S Splecral,tyl'Inl�urance Company who roved to me_on_ the basis -of satisfactory_ evidence to be th eir©t>dose dame ��scnbed to the within mstrumen nand ackn'd� 4"' 8ged to me that hhr-exeeuted�rr�sami an Ild" I I"' ,III I' 4n 4d NlPlu,llh his_anthonzed capacity, and that b his si —tor a�theisstrFrierith erson, or the enti u onI behalf of which the', erson acted, exeou�ed *u pis rumen _ --__ __-- - Y P ,' pjll Till I uIlfo 'i ull',II' IIII (IIIIII I�p --- — --_ -- - _� ___ I�I� �nIh 'I IIII61VI'��Ih'' dIIEl III nVrl =I certify under PENALTY OF PERJURY uffl-Wr the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal MARRIIAA G ROORIGUE2•111IfOBG Commission #t 2049771 Signature — (Seal) '1i �lotaryubltaldorma i _�= _ _ - _ P,I r II Illj IIhI IN IIII IIII l IiiI' I''Ii, IIII Z-_S_OTCOWIty y II === COfDRi 0. 017 Ill I,. IIII Iilll Ali 9'II�' Il��lill 0 —t2 2 I, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U S Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect, furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in 7 full force and effect -_ — In W1tne5 - — — - — l'il IIIIII IIIIII',(, III II III Ijl' i�lll llI II!ilillllh - _ — _ s Wheieof,_I have hereunto e_ �iansi fl a tcf the seals of said Companies at4Los Angeles, Califorru_th of/' =s �2 �_7-7 /�7f — �<�VCM-="I Corporate Seals `,,.11 OVIIIRs 4 „ Illll.l, rill RIIlllll.l / s u p iy '\�1ES SUlZFT, �o�NOING 0= =w=w Bond=No -j- spT �, „� �`- ;, F ae ;r == _N E -{" c= =N _ Michael Chalekson Assistant Secretary.— a — _ Agency=No-=913 OSg OF iE�d`� —_ llllllllil\\ III �i llflnlllln\l il,l IIII •I.IIRllinl\\\\\ =_4RRtRln\\\\`_ _ __ _ -_ -- 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 April 1, 2016 CT & T Concrete Paving, Inc 324 Diamond Bar Blvd PMB 275 Diamond Bar, CA 91765 RE FY 15/16 Curb Access Ramp Installation Project, Various Locations— CC-1529 Enclosed please find your original bid bond for CC-1529 Sincerely, Joan L Flynn, CMC City Clerk JF pe Enclosure Sister Cities Anjo, Japan ♦ Waitakere, New Zealand CT&T Concrete Paving Inc rAg= t _ = a - `0 324 S Diamond Bar Blvd PMB 275 Diamond Bar, CA 91765 l qYL �' `. 'Cx ^ki '�M ' ` ,� t• j s' .1Yy r KY i ! {+ C s V v _ `x .,,Y .tom- _L [' - , JAN - ! + P I ,1 : 56 _ y• _ rp'-JF'�` �:. Fn -", -.., '�it`��Jy `F-1- 'i }t 3`�'} ' �L�`1L• EJ :'r t = 5< .. �0. ` -..` _ - - +tRc �xc '�� `� ',�er.� ' ,. ` , _sA 1 _ , _ C17Y'CL M1j}'� n F ,`,a �5t U <,j- ,� %r+ .t s "'r t •„ - .. ° ti -^ s _ " _ _ , 1��T� TON 6C. y"c r;� �=SY- '� �-rt� t "*r ' .�✓ _ _ # ,,,.� �..i. ,�` _ i '�''"_#:. *� , t ,�� ,;:.'t��,r�.t�. _,, _ t r i ,5& t,f_'r.-:� c`� s :..` 4T "fr'ti r.. s•i�0. q K�..� ,..'� `,, _ ' '`�•k c� ,4r; ;" _ ` ti � ,, `Y� "{` �i^s '„'�,-*� -,py.F ,k{;" :4' r,1 �w',. !" f'=1'� `,. ° r `�k � � ,, ,.� � ,!- , �* 0' Jlc�` "e's':f�'�, � �cN . -,a _ r_ � •.� �s�J �Rs �� x - ,:y.. .ESL ,,,� ..}'}.r_ x "' 4 �„�' 'n 4yY� �r , t i Y i �� ` _ ti ,',.+ir--i'`�a gavr,'� t ;t "ate ��..` ;..,d' �k� �:' � �°.` � +� 3'r' .ra ��lZ,• 't ,�;r' -,;.�, - ",�.��� e� � a e- �.'. , € � `"'' � i, �,: .i ' r� s'' ' 1 K... ,x t < a �� � r� �..,..a`�--"<,?*c = »r�,e'3 C�� ��� o-'�� L �;*-'. ' r, � ",�'.�„a., t. � � ✓_ � - 't r " � � ,F .C, - C.i"r,�/",,"° --•,;± t.w �+., ,, <? r f ° r� r't�•,: kor g ra ,n + M 'vr , 1`a. u. �a,xa;' 'S s ^r `s >i'. 'ra .. ' M r.y`, �,��t"t:r+N fiy; �� �. ' v?s^T` �xi 21, ,:��"^vri��,'�k �'+•,k� f'" >x,.+- `,t' � xu,; �,_�`,'"�'-� � X'4 r n , � ` a_ _ V A` °r ": ` n,. , �" A r yr ^ ' tC ' -.",� ,,, �y�,.� < r +,'x'1<, �r �yc�'; a.. F� >. `5 ' .3 4s tee, ," � ,.3,yck� F �°k"; F' 3� 3� <y. �' "` b"0. �•�`..'�. -'h` 'Y�' `4 ��si Y ��'�`" #, '" „q/ '�T,ks �-:a � 3s�..+� _ � _x.,` -''�--. �� .. ��.M?" �.. '" ,>. ,,� . >�e,t} yf�.`y �` S` �.,._�� � - v r �'` a..�, +. •. _'t 9 ,� ;� , -2 �a ,4 t e,--�'`.r __� a'v ^"�.Y �iS.�'. {k' �r1-'by �tr.."r.,<.tr E r'a t "' `t-..'' At,w Az w-4c.'r.""`''��x _�- ',.x� yt.-`tri, ." '^4_,".,. fir: �.'�4` �i',v'- a + � ,„r`„r;3 't` ��f'.i r_t , -. ,. >• `4. Kr � .�` ,4 . ,rY ,'" �r F .5`< 1. Y''y =a �„r, w r, _ n_ _ „i,,,�t�� H"4' _ "�'sr iF "r �_ 6� ,_ �a .. f�"j"r' r.�< - _ `sv� } - ' �� Y �r 4 �''_ ., s� •' "__ _<S'ti� � wt�. y� ," _ City of Huntington Beach f t fit" r s o-Y � , -t,•y +j � %' �.. `�' _ �i__ .. Public Works Department ai4 2000 Main Street, y;¢` M Huntington Beach, CA 92648 r.i '`y�+� �<�'^ n:r t �"",,:,e •Y ;,t, r,t. �,rv� ,�!',�a-..s,";,� ,?r-h * _ _ t',y �- F`� �;.- ; y ' a'„ s..ti,'„�,�a r t,t �W j } , rk.�szl .'+°, f<� t �°r • s Y .'yt»��.� -! 'v- �a^,,_ ,''t _ .a 'ar'i {'" 3't'x?]x�'it r; � -•- *r�; �r-rt^-"r ,.", ' ' i' } '' m ; .Ia ,�`s xy� t ,-a`'Y _N ,,+,.* �"�. ^'f��-"{,�wt,� :+t.� �i��'`.�f�a^:;�,+•,x�,,; `�r.a�`��i �u C:?r, t! y�,t - ,`` ;t? ��',�sy„^Y , t+.r re yti,,'i' a,t1 +t L v' - 1t, p ,•,•t { �t ,,,�' 2f � ra <���'7Y„ r ''1 ',r to , `p, "._ ��t `t r" ^• � a } , w,x� `. 3- +>F+ b� �',- , t•„�"'.,. �Y,}+ `t ��-u�5 �.. .+r., 1' aw-+etYx-r-r ,- z.�fi� �', hrn kr 'ta! .rt ,x,'„-`.°a., �}�- _Y a' 'F>Y`t�;, `�,-c ,. .x ,��",.S F.�..,�; '`(� ' f; 'i, M ", ° ? "rgs'3 ^." 4r d n F' , ," 4 •-r,r yo,v.';rr 0' � .ter � � �;", n, 't. ,,' ' x` r a '1� irj,'jj�.'�q >(� `.It tUrl ` r4�i, fa +r i�n.s�Sa,'�M`yi�'i{ ","".1�" 1 ✓r ai `*.. p'.}'` :'' .S-k n: tY-rt, 1, >a�,nv, rvHI ,, Ma's, 's'rp; °, kV, 4trk. ,! �'a'}, ;","�'° t'�-`kr"atE a, ixg��."r.Y"��T���s fx `t,�1°, , Y''ytt +ri ," t _ F Y � ,-sEw,J ,'., S I. '?- °,,,� � �u• �,:.�, `��-, ,, rt +"°',Y "- 7� 1��' i- k ��' sa w r„ e wt �'�"' y, '.,r3' .�}a°p'�'� '"''� ,�,, �,,rro" t, ,wr i(✓' L,, n "� e "' � wy �-� ,f ,,tq t �'*�.x[6.v,�`._tr �� Si'i 't ti";` �(„a� '' r ;i"�v' .`i#r,t ft ,;' , , �i ix`7k �„'''�i1 {''='zi, `�,tt,",r.o ,p i^r* iiT'K-r, j„ t't.n"1 a`• kt k"Iy:Y yP �'if3ai-, "7�rM ro, 3s _.`,+`, $'r+i"'a ' �{,1'+f 3'' � •a ,,,�. `£: e. t `+: .et, -;,�� "�', "'� t`Ii� _ �"��, i`� - .ty t,t w °i ` iLLrs3 a,y.a F� i< ,�, �__'�. ,fix„t"' _; �`_i- i'�„'� yk,:` �r7- t :r'igF .'x"r�i���3a":`#., -: tr � �� r- � " T ���';-tz-�i^va �., rr->•r.`+ � ''`�,., E,' �` ��ru� - �t �°b, � t_ . +, '�tt ,z. `^, �` ^, r' , � -a r< r" "�"� ¢ `,~ ,rr� � 2r, � " < <n �� � y 7y I , ` 4r, "�",r' x,. ., '_ Fe.�t� }, ..-kY' „u' y -r ^r �"�+_a `,, rxr' - ° �.`` _ t at'f {�,r� `•"' � � 'f _ ` .: i.. � ttl .%���x wl.`'r `ra, ��'�f'�% �`£'� ���''' `".,�-C'c '! ,; '''.�`�cf', a-f 5sy °rr �' r-'�tf "_`:���E"t<''^r "t '� r au x r• •�t'ti _� a s' '�'}� ,_. '3^•' `6; �'7h. �-.IrM +� rxd i' � �, `` _ �...s �i , , yS, S r e A K �`` 1 • _ ' � � � � ' _ �Yi• ..^s i+ , `' 4Jf ` `iL � }, ,s k `e+y e }i '�'�'3� ,i e. r1i t t _ , , ,1.. "x. - , , 1 ` � - � " - '� is � . • , � � t ' , �r t r `\ r�. t ism, r ' q Bid D ______� r .,. r'�*s'r,,;�'`r,y""...�.' -..,�.....y--,-+w�....,,-:M"�,._..-.,.r"<rr�.v-+�.,.,�--r•`"`+��..e..�.az,.��._<',..�,..,y+....r,.%;z max+.- } �.r!^^._,��.• _ _z'x� ,' - _.. - .r-�-. ;f ocuments For, rry FY 15/16 Curb Access Ramp <� SECTION C PROPOSAL for the construction of FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT from VARIOUS LOCATIONS CC No. 1529 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc , and will be guaranteed for a period of sixty days from the bid opening date If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 61 PJ no) in the amount of 3 J which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for l p% ", as the case may be) -Any standard Surety Bid Bond form is acceptable Bidder shall signify receipt of all Addenda here, if any: Addenda No.' Ddte Received = Bidder's Signature None C-2 SECTION C PROJECT BID SCHEDULE A FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 BID ITEMS k h em? a f u ya 1, s,"ft>a��t's, e 1F ppt �P `, `,;p,�!!S pri` ,r4 �y3`@hY�{r=FVSIry'n»n :4 1t8ritl 11I#� n ri1tpSt ! " Total Cost ,(Extn$lp) Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR as shown on Curb Ramp Detail 1 in 1 Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, $4,300 00 $ $167,700 00 domes, retaining curb, slot pave, etc ) 39 EA Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 2 shown on Curb Ramp Detail 2 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed $ 4,650 00 $ 130 500 00 curb, sidewalk, domes, retaining curb, etc) 30 EA Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 3 shown on Curb Ramp Detail 3 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed $4,350 00 26,100 00 $ curb, dowels, sidewalk, domes, retaining curb, etc) 6 EA SUB -TOTAL BID AMOUNT — SCHEDULE A s 324,300 00 SUB -TOTAL BID AMOUNT IN WORDS Three Hundred Twenty-four Thousand Three Hundred and Zero Cents 03,50 Note All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.1 SECTION C PROJECT BID SCHEDULE B FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 BID ITEMS xn `,'t'F y{ 1 a $t gsriSY �,'t�h; m1Y� FRS.. ,xp ru` 4"av E;ts ^» K ' i Ai's Kt YP Vese . pu0n r "q., �d`--'� �F[BtEE Illil �RxC?lhd. &Tii CUSS w Il Oiitl COSt EYS1R i�ti ?��7 �f �c�" pL��`�.i' IT 9,45,11 ' L Y l" ,n��iF»�, I .t err �$. a a ; ma�*n�""bt s f '�o.. �d f'Yz''max` Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR as shown on Curb Ramp Detail 1 in 1 Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, 8 $4,300 00 $ 34,400 00 domes, retaining curb, slot pave, etc ) EA Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 2 shown on Curb Ramp Detail 2 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed 15 $ 4,650 00 $ 69,750 00 curb, sidewalk, domes, retaining curb, etc) EA Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 3 shown on Curb Ramp Detail 3 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed $4,350 00 34,800 00 $ curb, dowels, sidewalk, domes, retaining curb, etc) 8 EA 4 Install truncated domes to existing Curb Ramp 6 EA $380 00 $ 2,28000 SUB -TOTAL BID AMOUNT — SCHEDULE B $ 141,230 00 SUB -TOTAL BID AMOUNT IN WORDS One Hundred Forty -One Thousand Two Hundred Thirty and Zero Cents Note All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid Items C-2.2 SECTION C PROJECT BID SCHEDULE TOTALS FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 Sub -Total Bid Schedule A $324,300 00 ��?�j D O Sub -Total Bid Schedule B TOTAL BID AMOUNT, BASIS OF AWARD (Schedules A-B) TOTAL BID AMOUNT IN WORDS Four Hundred Sixty -Five Thousand Five hundred Thirty and Zero Cents $141,230 00 $465,530 00 rJ6,-XP `i-1 H, 53z) Notes All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor Bid Ite`n(s) Name and Address of Subcontractor �, State License Number Class DIR Number Dollar Amount % of Contract 2 & 3 SCHEDULEA GARRETT CORING & SAWING 14923 TELEPHONE AVE CHINO CA 91710 565701 C-6 100000286E $17,280 00 6% 2 & 3 SCHEDULEB GARRETT CORING & SAWING 14923 TELEPHONE AVE CHINO CA 91710 565701 C-6 1000002865 $11,040 00 8% By submission of this proposal, the Bidder certifies That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 1 /14/15, at Diamond Bar CA Date Cary State Jose Carvajal , being first duly sworn, deposes and says that he or she is President of CT&T Concrete Paving 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 CT&T Concrete Paving Inc Name of Bidder Jose Carvajal Signku'r f id er 324 S Diamond Bar Blv, , PMB 275 Diamond Bar, California 91765 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT, (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 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 01 /14/2015 CT&T Concrete Paving Inc Contractor Jose Carvajal By President Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes M No If the answer is yes, explain the circumstances in the space provided N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract 01 /14/2015 Date CT&T Concrete Paving Inc Contractor Jose Carvajal By - President Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct CT&T Concrete Paving Inc Bidder Name 324 S. Diamond Bar Blv., PMB 275 Business Address Diamond Bar, California 91765 City, f State Zip ( 909 ) 629-8000 Telephone Number License No.875627 (;lass C 8 C;12 State Contractor's License No. and Class 04/05/2006 Original Date Issued 04/30/2016 Expiration Date The work site was inspected by r �4/`'�4 �of our office on /,Q- —2 z-i /j , 201T The following are persons, firms, and corporations having a principal interest in this proposal 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 CT&T Concrete Pawn In / Signature of Bidder Jose Carvaial Printed or Typed Signature Subscribed and sworn to before me this Z- day of , 201-t NOTARY PUBLIC NOTARY SEAL C-S GOVERNMENTCALIFORNIA JURAT WITH AFFIANT STATEMENT •. w m. w .a .w .w..w _a _a .w..w .w a .w .w .w a .a•_w..a .a m .w..w .a .a .w..w a .a _w._w .a .a .w .w .a .a _w _w .a .a .w .w..a .a A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document Attached Document (Notary to cross out Imes 1-6 below) 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 Lt. ISMAELARIASih COMM #2121014 Notary Public - California LOS ANGELES COUNTY 4 Comm A 15, 2019 Subscribed and )sworn to (or affirmed) before me on this --� hday of //mac , 20/1 i C by Date nth Year (1) ��yt Jet (and of Signer(s) proved to me on 'the basis of satisfactory evio�e to be the person(s) who appeared beef<X m Seal Sie Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alter i fraudulent reattachment of this form to an unintended o r Description of Attached Document Title or Type of Document:Document Number of Pages: —'—I, Signer(s) Other Than Named Above: of N ary Public ri of the document or lent D,pte: / 'i ©2014 National Notary Association • www NationalNotary org • 1-800-US NOTARY (1-800-876-6827) Item #5910 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of (Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."} Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: I. City of Chino 13220 Central Ave, Chino, CA 91710 Name and Address of Public Agency Name and Telephone No of Project Manager. Vince Ledesma 909) 334-3435 s inn ,nn nn R/R curb&gutter. ramp. sidewalk 05/2014 Contract Amount Type of Work Date Completed Provide additional project description to show similar work R/R curb & gutter, drive approach, ramps, sidewalks, curb drain, paving 2 City of South Gate 8650 California Ave, South Gate, CA 90280 Name and Address of Public Agency Name and Telephone No of Project Manager Candice Espinoza (323) 357-9661 $ 323,320 00 R/R curb&gutter, ramp, sidewalk 06/01/2015 Contract Amount Type of Work Date Completed Provide additional project description to show similar work. R/R Sidewalk, curb & gutter, drive approach, ADA ramps, curb drain, paving City of Corona 400 S Vincentia Ave, Corona, CA 92882 Name and Address of Public Agency Name and Telephone No of Project Manager Barry Ghaemi (951) 739-4961 $ 572,915 00 R/R curb&gutter, ramp, sidewalk 09/01/2015 Contract Amount Type of Work Date Completed Provide additional project description to show similar work R/R Sidewalks. curb & gutter, drive approach. ADA ramps C-9 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 Jose Carvajal Name of proposed Project Manager Telephone No of proposed Project Manager (909) 821-4769 CDBG Grant 2014 Sidewalk, Curb & Gutter City of Corona $572,915 00 9-15-2015 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 2 Luis Morales Date Completed Name of proposed Superintendent Telephone No. of proposed Superintendent. (909) 938-3479 City of South Gate R/R Curb & Gutter and ADA Ramps $323,320 00 06-01-2015 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-10 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771 1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300 Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http //www dir ca gov/DLSE/PublicWorks/SB854FactSheet_6 30 14 pdf DIR's Contractor Registration Link —Call (844) 522-6734 https Hefiling.dir ca gov/PWCR/ActionSery let?action=dispIayPWCReg istrationForn DIR's Contractor Registration searchable database https Hefiling dir ca gov/PWCR/Search action I am aware and will comply with the provisions of Labor Code Section 1771 1(a) which states "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perfonn public work pursuant to Section 1725 5 It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029 1 of the Business and Professions Code or by Section 10164 or 20103 5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded " I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid Date 01 /14/2015 DIR # 1000025154 C-11 CT&T Concrete Paving Inc Contractor Jose Carva al By President Title 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) A0 Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968, or A0 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 Ayus & Co Inc Contact Person Ayo Osiname Contact Phone 323 474 4040 Signed 0", Date 1-6-16 *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-12 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond BOND # 12292015 KNOW ALL MEN BY THESE PRESENTS, that we CT&T CONCRETE PAVING, INC. 324 S DIAMOND BAR BLVD PMB 275 Diamond Bar, CA 91765 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY 111 Pacifica, Suite 350 Irvine, CA 92618 (Here insert full name ,and address or legal title of Surety) a corporation duly organized under the laws of the State of IL as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 (Here insert full name ,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bld------------------------------------------ ( 10 00% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents WHEREAS, the Principal has submitted a bid for FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 6th day of January, 2016 CT&T CON RE AV QG INC. - (Seal) / S! �� (Witness) (Title) �.VIY 1 RNI. 1 VKJ 6VIV1 ey fitness) Yung T M ck, Attorney-i AIA DOCUMENT A310 BID BOND AIA ® FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N Y AVE, N W WASHINGTON, D C 20006 (Seal) II CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT IIII 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 January 6, 2016 before me, Terah Johnston Date Insert Name of Notary exactly as it appears on the official seal personally appeared Yung T Mullick Name(s) of Signer(s) TERgH JOHNSTON ��•• f-���•�.�-_�" za '�� �a��'' , Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Witness myhand and off' I ea Signature Place Notary Seal Above Signature of Notary P li Terah OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document Description of Attached Document Title or Type of Document Bid Bond Document Date January 6, 2016 Number of Pages Signer(s) Other Than Named Above None Capacity(ies) Claimed by Signer(s) Signer's Name Yung T Mullick ❑ Individual ❑ Corporate Officer—Title(s) _ ❑ Partner ❑ Limited ❑ General &I Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing Contractors Bonding and Insurance Company Signer's Name ❑ Individual ❑ Corporate Officer —Title(s) _ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing Commission # 20048 65 DvzNotary Public - California Z Orange County MyComm ExpirresJan21,2017PC RLI ®c im aI, RU Company 9025 N Lindbergh Dr I Peona, IL 61615 Phone (800)645-2402 1 Fax (309)689-2036 Know All Men by These Presents POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint Jennifer C Anava, James W Moilanen, Yung T Mullick, Chnstine T Hoang Terah Johnston jointly or severally in the City of Mission Vrao . State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recogmzances in an amount not to exceed Ten Million Dollars ( $10.000.000.00 ) for any single obligation The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation 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 Corporation. 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 may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 28th day of October, 2015 UUUI I -III gIII�, NO, AND&1`1 O1111111111 plIp ce Co '. 00 0 pPOR Z = P P0F760 Y� ci = SEAL;',a SEAL: State of Illinois ° <2 �CCINO\ SS «uNo1s 5 , County of Peona On this 28th day of October 2015 before me, a Notary Public, personally appeared Barton W Davis who being by me duly swom, acknowledged that he signed the above Powe* of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation M "OFFICIAL SEAL" NOTARY PUBLIC JACQUELINE M BOCKLER STArE OF I, LIND9 COMMISSION EXPIRES 01114/18 RLI Insurance Company Contractors Bonding and Insurance Company Barton W Davis JJCC Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that the Resolution 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 the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this (_ day of 6 n,,ean^ , RLI Insurance Company Notary Public Contractors Bonding and Ins ranee Company Kam. Barton W Davis Vice President 0475412020212 A0059115 No 3000-7 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CER1 IF Y that, pursuant to the Insurance Code of the State of Cal forma Contractors Bonding and Insurance Company of Ilhnots, organized under the laws oflllmots, subject to us Articles oflncorporation or other fundamental organizational documents, is hereby authorized to transact within this State subject to all provisions of this Cei tificate, the following classes of msuiance Fire, Marine, Surety, Plate Glass, Liability, Boiler and Machinery, Burglary, Sprinkler, Team and Vehicle, Automobile, Legal, and Miscellaneous as such classes ai c now or may hereafter be defined in the Insurance Laws of the State of California THIS CERTIFICATF is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation ofany ofthe applicable laws andlatvful requirements made undei authority of the laws ofthe Stale of Cal fornia as long as such laws oi requirements at e in effect and applicable and as such &nns and requirements now are or may hereafter be changed or amended IN WITNESS WHFRFOF, effective as of the 20"' day ofMaich, 2015 1 have hereunto set my hand and caused my official seal to be qffized ibis 20" day of March 2015 Dave Tones Inturarue Cvmmissronri By Valcnc Sarfaty for Nettie Hoge Chief Deputy NOTICE Qonlification Aide the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthisCemficateofAuthonty Fdilurc to do so will be a violation ofInsurainco Code smutin 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein 9906780 1 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 April 1, 2016 Golden State Constructors 208 E Orangethorpe Ave Placentia, CA 92870 RE FY 15/16 Curb Access Ramp Installation Project, Various Locations — CC-1529 Enclosed please find your original bid bond for CC-1529 Sincerely, Joan L Flynn, CMC City Clerk JF pe Enclosure Szster Cztzes Anjo, Japan ♦ Waitakere, New Zealand 64�T�4 s C I Golden State Constructors, Inc 208 E Orangethorpe Ave Placentia, CA 92870 2013 i1ji - 7 AN 9: 41 C, i" e Cl r [*; K C; r Y C� F IM111,I�:GTr�rt [3El.CIa Add,d, /, A a. N' SECTION C PROPOSAL for the construction of FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT from VARIOUS LOCATIONS CC No. 1529 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc , and will be guaranteed for a period of sixty days from the bid opening date If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void Accompanying this proposal of bid, find Bid bond in the amount of 1 0% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable Bidder shall signify receipt of all Addenda here, if any Addenda No Date Received Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE A FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 BID ITEMS ItemDeseription i�:�iT L'moo a ��===x ��'` �abc� 3 �� � Quantityx =UniteUnit . x�`a }, Cost"� 1�.i�,a� Total'Cost No.�_z y4� 3�u''it4 s. `+x �a f (Extension) Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR as shown on Curb Ramp Detail 1 in 1 Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, slot pave, etc) 39 EA $ 3800 $ 148,200 Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 2 shown on Curb Ramp Detail 2 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, etc) 30 EA $ 3600 $ 108,000 Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 3 shown on Curb Ramp Detail 3 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, dowels, sidewalk, domes, retaining curb, etc) 6 EA $ 3300 $ 19 800 SUB -TOTAL BID AMOUNT — SCHEDULE A $ 276,000 SUB -TOTAL BID AMOUNT IN WORDS Two Hundred Seventy Six Thousand Dollars Note All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid Items C-2.1 SECTION C PROJECT BID SCHEDULE B FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 BID ITEMS �*``i)6.Y.itb�\o'�'YC: Item _ �� - Description, Quantity 3,eit _Unit Cost � Total'Coet (Extension) Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR as shown on Curb Ramp Detail 1 in 1 Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, slot pave, etc ) 8 EA $ 3800 $ 30,400 Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 2 shown on Curb Ramp Detail 2 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, etc) 15 EA $ 3600 $ 54,000 Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 3 shown on Curb Ramp Detail 3 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, dowels, sidewalk, domes, retaining curb, etc) 8 EA $ 3300 $ 26,400 4 Install truncated domes to existing Curb Ramp 6 EA $ 400 $ 2400 SUB -TOTAL BID AMOUNT — SCHEDULE B $ 113,200 SUB -TOTAL BID AMOUNT IN WORDS One Hundred Thirteen Thousand Two Hundred Dollars Note All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.2 SECTION C PROJECT BID SCHEDULE TOTALS FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 Sub -Total Bid Schedule A 276,000 Sub -Total Bid Schedule B TOTAL BID AMOUNT, BASIS OF AWARD (Schedules A-B) TOTAL BID AMOUNT IN WORDS Three Hundred Eighty Nine Thousand Two Hundred Dollars 113,200 389,200 Notes All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor Bid Item(s) Name and Address of Subcontractor State License Number Class DIR Number Dollar Amount % of Contract 2- a,b Professional Curb Cut PO Box 161 Mira Loma Ca 91752 840095 D06 27011929 12,000 3% By submission of this proposal, the Bidder certifies That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 1 /6/16 , at Placentia Ca Date City State Ronnie Cochran , being first duly sworn, deposes and says that he or she is President of Golden State Constructors the party making the foregoing bid that the bid is not made to 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 to a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put to 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 208 E Orangethorpe, Placentia Ca 92870 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein Date 1 /6/16 Golden State Constructors Contractor Ronnie Cochran By President Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes LA No If the answer is yes, explain the circumstances in the space provided Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract Date 1 /6/16 Golden State Constructors Contractor Ronnie Cochran By President Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct Golden State Constructors Bidder Name 208 E Orangethorpe Ave Business Address Placentia Ca 92870 City, State Zip ( 714 ) 625-8758 Telephone Number 867060 State Contractor's License No and Class 11 /05 Original Date Issued 3/31 /17 Expiration Date The work site was inspected by Ronnie Cochran of our office on 1/6 , 2016 The following are persons, firms, and corporations having a principal interest in this proposal Ronnie Cochran 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 speciions set forth Signature of Bidder Ronnie Cochran Printed or Typed Signature Subscribed and sworn to before me this _ day of , 201_ NOTARY PUBLIC NOTARY SEAL C-8 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } On l 6 before me, Claudia Cochran, Notary Public , ere insert name and title of the War) personally appeared --- ---- -Ronnie Cochran -�---� , who proved to me on the basis of satisfactory evidence to be the person(*whose name(s-) is/a% subscribed to the within instrument and acknowledged to me that hefsheAhey-executed the same in his/heFAhei authorized capacity(, and that by hislherAheif signature(s) on the instrument the person(44,, 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. INESS m rid and official seal. Notary Public Signature CLAUD1A COCHRAN z COMM # 2096862 ORANGE COUNTY ,. NOTARY PUBLIC-CALIFORNIA Z QQ MY COMMISSION EXPIRES —' JAN. 30, 2019 (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION ThINSTRUCTIONS FOR COMPLETING THIS FORM is form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT fneeded, should be completed and attached to the document Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law (Title or description of attached document) • 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 (Title or description of attached document continued) must also be the same date the acknowledgment is completed • The notary public must pint his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i e he/she/they is /me ) or circling the correct forms Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk ❑ Attorney -in -Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document g Indicate title or type of attached document, number of pages and date ❑ Other Indicate the capacity claimed by the signer If the claimed capacity is a in. corporate officer, indicate the title (i c CEO, CFO, Secretary) ��� • Securely attach this document to the signed document with a staple Ipi _i 4iW4 S 105,04 G� Go den State Constructors, Inc. 208E Orangaha7Ave, Pfuenda, CA92870 Phone 7146Z,5-8758 Far714625-82.45 bmur AIB-867060 City of Seal Beach David Spitz Public Works Dept 211 8th St Seal Beach, CA 90740 562-431-2527 ext 1304 Construction Dates 11/7/2011 to 6/30/2012 Project: River's End Staging Area Bid Amount $1,624,191 85 Project Total $1,512,71160 City of Riverside Mike Lovell 3900 Main Street Riverside, CA 92522 951-826-5557 Project: Washington Street Improvement Project Bid Amount $215,642 09 Construction Dates 12/17/2012 to 2/22/2013 Project Total $232,803 03 OCTA Gary Chubb 385 Second Street Laguna Beach, CA 92651 949-497-9000 Construction Dates 6/17/2013 to 11/1/2013 Project: Laguna Niguel Mission Viejo Parking lot Extension Project Bid Amount $1,000,100 Project Total $1,300,000 City of Anaheim Mike Wood P O Box 3222 Anaheim, CA 92803 (714) 765-6936 Project: Concrete Sidewalk construction City Of Irvine Reza Jafari Construction Dates 3/ 15/ 15 to 3/ 15/ 16 Bid Amount Yearly Contract Project Total $1,000,000 6427 Oak Canyon, Bldg Irvine, CA 92618 949-644-3314 Construction Dates 10/01/15 to 10/01/16 Project: 15-1004 On -Call Concrete Maintenance Bid Amount Yearly Contract Project Total $450,000 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, proiect work within public streets, an area containing high ground water and pipeline construction in hiah ground water regions with trench depths of 8-feet to the invert."} Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed Provide additional project description to show similar work 2 Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed Provide additional project description to show similar work 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-9 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 Ronnie Cochran Name of proposed Project Manager Telephone No of proposed Project Manager All projects listed above 714-625-8758 Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Date Completed Date Completed Project Name & Contract Amount Type of Work Date Completed 2 Ronnie Cochran Name of proposed Superintendent Telephone No of proposed Superintendent 714-625-8758 All projects listed above Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work C-10 Date Completed Date Completed CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771 1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR) Currently the annual non-refundable registration fee for Contractors is $300 Each contractor to whom a public works contract has been awarded shall sign the following certificate DIR FACT SHEET on SB 854 http //www dir ca gov/DLSE/PublicWorks/SB854FactSheet-6 30 14 pdf DIR's Contractor Registration Link — Call (844) 522-6734 https //efiling dir ca gov/PWCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database https //efilmg dir ca gov/PWCR/Search action I am aware and will comply with the provisions of Labor Code Section 1771 1(a) which states "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725 S It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029 1 of the Business and Professions Code or by Section 10164 or 20103 S of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725 S at the time the contract is awarded " I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid Date 1 /6/16 DIR 4 1000004019 C-11 Golden State Constructors Contractor Ronnie Cochran By President Title 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 requirements of Section 3 of CFR Part 135 of the HUD Act of 1968, or Will hire no new employees in conjunction with this project Will award 10% of its sub -contracts to Section 3 businesses This certification shall apply to the prime contractor's sub -contracts related to this project Contractor Golden State Constructors Contact Person Ronnie Co Contact Phone 714-6 - 58A !ZZ Signed a -ILZI4Z Date 1 /6/16 *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-12 NORTH AMERICAN SPECIALTY INSURANCE COMPANY BOND NO GOLST-321 BID BOND KNOW ALL MEN BY THESE PRESENTS That we, GOLDEN STATE CONSTRUCTORS, (hereinafter called the Principal), and NORTH AMERICAN SPECIALTY INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of NEW HAMPSHIRE, 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 FY 15/16 CURB ACCESS RAMP, JOB/BID NO CC 1529, 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 18TH day of DECEMBER, 2015 IM NORTH AMERICAN SPECIALTY INSURANCE COMPANY BY MATTHEW R DOBYNS, A -IN-FACT NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS THAT North American Specialty Insurance Company a corporation duly organized and existing under laws of the State of New Hampshire and having its principal office to the City of Manchester New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having'its principal office in the City of Schaumburg Illinois, each does hereby make, constitute and appoint RANDY SPOHN and MATTHEW R DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY MILLION ($50,000,000 00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty insurance Company and Washington International Insurance Company at meetings duly called and held on the 9 h of May, 2012 `RESOLVED that any two of the Presidents, any Managing Director any Senior Vice President any Vice President any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company, and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached " ``% e'tAwlll1ry/, JjY/// \\zy�///�7 +y"uwnwn yW'4 yQ SIO 14 Cj SEAL m= Sle�en P Anderson, Senior Vice President of Washington International insurance Compani $ SEALPY s z 1973 y on\ & Semor Vice President of North Am rican Spccralty Insurance Company a m '`/AMPS • By M�inlnnulntaa� lIS IfJJ O Da%ul M Layman, Vice President of Washington International Insurance Compiny & Vice President of North Amencnn Specialty Insurance Company IN WITNESS WHEREOF North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed and these presents to be signed by their authorized officers this26th day of June 2012 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss On this 26th day of June 20 12 before me, a Notary Public personally appeared Steven P Anderson , Senior Vice President of Washington Intemational Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M Layman Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies %� "OFFICIAL SEAL" konw ill_ n.a DONNA D. SKLENS Notary Public. State of Illinois Donna D Sklens Notary Public MYC4MnuWMempiresI0/0 MI5 I, Jetfrev Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company which is still in full force and effect IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 18th day of December 20 15 Jeffrey Goldberg Vice President & Assistant Secretary of Washinbu n International Insurance Company & North American Specialty Insurance Company 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 December 18th, 2015 before me, ERIKA GUIDO, NOTARY PUBLIC. personally appeared MATTHEW R. DOBYNS ® who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/hff/the+f authorized capacity (H-*, and that by his/hef/theff signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1 ERIKAGUIDO WITNESS m COMM # 2022671 y and and official seal. NOTARY PUBLIC CALIFORI N 3 ORANGE COUNTY 'l My comm expires May 5, 2017 6� 'Siwafu re 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 CALIFORNIA ALL- PURPOSE >; CERTIFICATE OF ACKNOWLEDGMENT till t3 ioi State of California a County of "-' - - } ; �_ �_l 6 ,. .. = On before me, ere insert name and fide ofthe officer) personally appearedCochran---------------- , who proved to me on the basis of satisfactory evidence to be the person(*whose IBI iai name(s) is4Fe subscribed to the within Instrument and acknowledged to me that he/sheAhey-executed the same in his/her/ authorized capacity4@4), and that by hisl*eltleif signature(s) on the Instrument the person(.}, or the entity upon behalf of which the person( - acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that =' i®the foregoing paragraph is true and correct. is CLAUDIA COCHRAN COMM # 2095862 1, WITNESS my hand and official seal. z .:;'[ _ ORANGE COUNTY NOTARY CTPI? COMMISSION EXPIRES JAN. 30, 20 T 9 Notary Public Signature (Notary Public Seal) _ s - INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION Thisfornicom heswith current Calf toot n tot p or to s a u es regar ng no ary won ng and if needed, should be completed and attached to the document Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law 6 • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed = • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) loot • Print the name(s) of document signer(s) who personally appear at the time of - notarization = s, a, • Indicate the correct singular or plural forms by crossing off incorrect forms (i e he/she/dwy,- is /are ) or circlmg the correct forms Failure to correctly indicate this = information may lead to rejection of document recording tilt • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form = • Signature of the notary public must match the signature on file with the office of the county clerk Additional information is not required but could help to ensure this tilt acknowledgment is not misused or attached to a different document - Indicate title or type of attached document, number of pages and date i Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary) tint • Securely attach this document to the signed document with a staple iai 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 April 1, 2016 Hardy & Harper, Inc 1312 E Warner Ave Santa Ana, CA 92705 RE FY 15/16 Curb Access Ramp Installation Project, Various Locations — CC-1529 Enclosed please find your original bid bond for CC-1529 Sincerely, Joan L Flynn, CMC City Clerk JF pe Enclosure Sister Cities Anjo, Japan ♦ Wartakere, New Zealand fP�,fF a • ^_ 1 ' , t Y t _ ` r 1 - 3• L r` ( - 4_ 'T = rks 3{Li� 3` t r Sp y_ - . .' � e _ <.� , ' '_ - Y ` � _ "' " e 1'F` __•-��"z ,}'{ -' _ > _t _� �S_...w. �{t_ +� k, +5� .'-� a- , 'qr` n"" . t K - ' � P _�c � ,•- - 4ari._ • ^•a" "� y_ y i <'� 4•�B � 3Y u.oY� ;f1—may' p @■p��� {p jkp� ..�.3"'s=�'� ` �3.`"�^n,-_;r:'X:�� , rry_ � �• `,� r y<$.< vy 1 a`•'4'' 4� 1 w °i4' .l "4 'L'[' n vim^ ..., _ i ;"P-.T°= ^+r v _ems.: ..-.r- ■ q-E,7T .• �" " ' r "�� s-�i ' ` :. r _ - r � _ _ �,' r ' t '^ a_ , -+ _ 4 mot- e',: t y�� `' .� r y 2015 JW�a_7r, P� r1.� -4'2' _ ` �_ '� •'�3 r-�;li �'> - a; y ,� '� - r _ `_ ' = -3 r _ _ `y //�� '�`�V' ��ry(y f' ;! 't.�~_~�+�,-�� •,t sF -r i , a "�- ` ]' „' _ !. _ • ' 1'-y F "ca :•� 'off ' _ .._9t t t7ys _ , N W x C *� 3 Iz:�'", +`!�xla� w`d,�,,_" ^u C-ET Y .pF ' t '� . a 3'Y A /r ) ri` .rxst t�,��>•:ii k'� ���, "`�,5'_ , _ -�`h''.(i' �d.I.. S'IYR y' "`t`ad", s �j ,?,,� n tl=1.,: �ia''Tw'�,*,'r' y' per ? E '� 1 i�.j.y r s `�,* ... ""a' w "`; - ,`� - �'�� :" ' : •} G .. / , ` . u ' 1� t �'fct U_�,�Osi '7 U 3.: ��" 71 `= '. t „ _ f:' s"-„'t F f- 6t" � .. � = r � - '. YL ,Aa-,r£,�4�.=s "-. 'F _'; � � -� - • i ^ j„ .!'. "�'- ,'{" _^�� • '�s f "i ,F LS `r« ,� k„il `- f, ,.. "`''o 1£ tiY'��xr • F 4. „ r v fi �, ~ rr '- + , • - , '" ^f 'i _ r&tqs'` Jy` _ V u Yr k ' .x " <,x .i t(. ,•�`a. -� , - "3�iw `yet`' z��Yr� �t"��:'' �, �a, _ } Yr Y, 6, , + y ,.. ` '^� Y r - ___ - ~ � �' YI ♦] -t jcl `'{a ^y^, .ice � - + '_ Kh� �},�4r _ '�7�ry a t q°°s-iF�1�r�tAya �'*, tT , r � •,rt ,1t 'e'+�,�, ," ,, .' f *Gig �� .� ` �..�,'ta-A 4 t„r t._•,fS, t a4 k», +7 . !F+ i t�' �r "Q i, Fig? rE Fn 1 _>r ' ,r by-` i `i., ;. ;° ,r "''< ;s '`� _kxF'k "'jTJ`"-r, aX. r h$ .; ,c• t Sri �" "3. N 't c ry _'''z'sls5� " aF` , i . �, tr `"- - __.1. ..'.'� `_ I-- -- '-- - r ay + '�'�•� �'-' ' 1, ; , �' t "4•� / _ .,. ,•C, +. -"'� !°� r z• c �3 � `ia- t ° .- -k7' - _ a{ ' + - error }� �_ Cr �3 , � > _s `,.. , C � µ�X aX a `� y r ` a` ^e. r t %:A,"M-2•v"'c .-',.. s`,�.ttr ,r'" �LI FKI� l�..i IJ LJ�II �'t�F]O �IJ L1�0 µ"/�l:£ i'`,{ ;?,.c i�i 4"•. {�<'}3 `"k k�,..'_0,rkt,``� £?t' r t -- Ai.'�'sG-`,k,T,''"� a iri<d �� �a� i h ��1��r - �' r �.. • . `�t' �:. �3`" t-'+ " ' �'+'' e'.`4�gt=r eq�^ ?ULM.., - #.:`«,ias w t 1312E Warner Ave = {`;;'s^ ta„`j.`., ``ta`r�.� Santa Ana, a4, w kt�f- `,m nod- u.: $� "' 4 - "? ', e`-tr•jY,.i +•`t .Sa.`5. :.} kr ,v •a«.,a Dir #1000000076 s�i-k ai N,i-•,,y _ t{�E �5y::3 > C4��`";"= yi.'r ° •°r ,;� , ': #215952 t, k riSM S �F i' i License,<, k +Xj 2 r and JA' Office of the City Cleric, Second Beach J o� �.itZ`�r t ` . V }.<.- 1 Huntington �S; f�4 ..Xi City 'M+' }FF-0 ift ,b ���" 1�.� s *� i .� .,�� �i+k �;�•�,�«. t..... 'Y""« J� ` � 2000 Main Street4 �•f_, :�'���r T =` �f,�"� _ = `�� Hun gton 648- tin Beach CA 92 J _ - r " „L-a' c„ " K --` 'x. ... 4 _ �,T3'.,`, s,°k efx . _/ ."t •'° v$a s� r � � ' r .t�� � �`- Wit; ,�,Y> � _ - rx'�^,'�+' ,. rw � «,��', w ` �' �', _i `_, ��� e 1 .,r.'°s n�„ • _• �- ��Tit«'a; - � �,�. ` .- ° es`'�'t''`' «�-i4'Y°'`4X' t) f!, t r i' ,i-' ryr 3nr2'S. , Sn -y, ' .4, `,d "r •, .' r t+' P i '` i l�H ,fhi i �. p`Tt ' yF% d" - ' - ,1 \ -r I �< a-z1_�.,,N "�. - h'�. t''_ .- -s •�`fwr_ _r __Y,y.. ` tee,_ -.%a, .�X'S - `irs +. �`'1�` '.lk' __ _ -.' - - t f>�, _ :`..�=+r'.? t '4 i��4 �`��`r/J ' '�✓ .r. _ ±� _ ! 4 -vr t'�`id3'c,.— =L �r fit. , �_ v ... e• - ` - ' F .f n � x�...,'/ �y $ ` _ iI,LfS .r a �µz�' ARID Fy 15/16 Curb Access Ramp - - .' y Y �= ,_ � .O£, J c (//JJ " a',. Pam, wr 'q'`t t�„ p'e - .«,.�J`� ~ 1'i' 's•x�., _ -S` r ��h Project from Various Locations Bid Date:- 1 PM[ - Do A01 orn Y4" ce9 MWL SECTION C PROPOSAL for the construction of FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT from VARIOUS LOCATIONS CC No. 1529 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor. material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents if this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc , and will be guaranteed for a period of sixty days from the bid opening date If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void Accompanying this proposal of bid, find Bidder's Bond in the amount Of 10% of Amountwhlch said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable Bidder shall signify receipt of all Addenda here, if any Addenda No. Aate Rec&ved- C-2 SECTION C PROJECT BID SCHEDULE A FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 BID ITEMS Item` � r D�escnpt� �gQuantity s A 1 A K �t (TEortgyalnsC►oonst) R , Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR as shown on Curb Ramp Detail 1 in 1 Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, slot pave, etc ) 39 EA 91,60U. 0 $ 1,5 000 Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 2 shown on Curb Ramp Detail 2 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed domes, 30 $Lt,506 00 $1351600-0y i— curb, sidewalk, retaining curb, etc) EA Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 3 shown on Curb Ramp Detail 3 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed $51000'60 $ curb, dowels, sidewalk, domes, retaining curb, etc) 6 EA 2,0,00a' 00 SUB -TOTAL BID AMOUNT — SCHEDULE A $ 3 Z 11 0 0 a • 00 SUB -TOTAL BID AMOUNT IN WORDS Note All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.1 SECTION C PROJECT BID SCHEDULE B FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 BID ITEMS Item v Descr�ption� " - Quantity Unit ,Umt'Costw *Total CostWv No =� ` m,� (Extens�on)`� �� w Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR as shown on Curb Ramp Detail 1 in 1 Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, slot pave, etc) 8 EA $coo. au $3 000. Q) Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 2 shown on Curb Ramp Detail 2 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, etc ) 15 EA JrOd- U0 $ % 5Od•OO Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 3 shown on Curb Ramp Detail 3 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, dowels, sidewalk, domes, retaining curb, etc) 8 EA $5t0QQ n $ L4), 000.00 d Install truncated domes to existing Curb Ramp 6 EA $-750.0 $ 0U.00 SUB -TOTAL BID AMOUNT — SCHEDULE B $ I'-1�O 0 • Q O SUB -TOTAL BID AMOUNT IN WORDS +o vr- 4-11 d USA6q d ° % a Note All extensions of unit prices will be subject to verification by Owner In case verification Is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.2 SECTION C PROJECT BID SCHEDULE TOTALS FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 Sub -Total Bid Schedule A 3 2 a, a o� • 4 p Sub -Total Bid Schedule B 14 41 0 0 0.00 TOTAL BID AMOUNT, BASIS OF AWARD (Schedules A-B) Lf &5,/ 6ob • QQ TOTAL BID AMOUNT IN WORDS four 6nuhdrcd s l ktq —five t6 ovsA�q d 0XV0 Notes All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104. the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor ei"Bidk I<�2k �j �4K tnz(s) Nuzieariil'Acldress of xx ���'k-,1-M>Subcontructor,,� � r�� Stutez licensesz'Nu"riiber � `N"ber`� Class'DIR EDollain3n � PAnzount ,n =%fir; Pk. Ir `Contract By submission of this proposal, the Bidder certifies That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID i declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 28th , at Santa Ana , CA Date City State Steve Kirschner , being first duly sworn, deposes and says that he or she is Vice President of Hardy & Harper, Inc the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham, that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true, and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid Hardy & Harper, Inc Name o Bidder Signature of Bidder Steve Kirschner - Vice President 1312 E Warner Ave, Santa Ana, CA 92705 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT, (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 subcontractot 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 12/28/15 C-5 Hardy & Harper, Inc Contract /X By Steve Kirschner Title Vice President DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract Date 12/28/15 C-7 Hardy & Harper, Inc Contrac By Steve Kirschner - Vice President Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct Hardy & Harper, Inc Bidder Name 1312 East Warner Ave Business Address Santa Ana CA 92705 City, State Zip ( 714 ) 444-1851 Telephone Number 215952, A C-8 C 12 State Contractor's License No and Class 3/13/63 Original Date Issued 12/31/17 Expiration Date The work site was inspected by Corey of our office on December 28 , 2015 The following are persons, firms, and corporations having a principal interest in this proposal Fred T Maas, jr - President, Treasurer Dan T Maas - CEO Steve Kirschner - Vice President Kristen Pauhno - Secretary The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth Hardy & Harper. Inc r /% SignMeof Bidder v Steve Kirschner - Vice President Printed or Typed Signature Subscribed and swom to before me this 28thday of December , 2015 NOTARY PUBLIC C-8 NOTARY SEAL 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 ORANGE ) On January 6. 2016 before me, JO-ANN LYONS NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name($_k) Wake subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/her/their authorized capacity(ie5), and that by his/hwr/their signature(g) on the instrument the person(s), or the entity upon behalf of which the person(x) acted, executed the instrument JO-ANN Commission # 202 2023055 i Notary Public - California D z Orange County My Comm Expires May 3, 2017 Place Notary Seal Above certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESIE Signature OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Bid Information Document Date December 28, 2015 Number of Pages 1 Signer(s) Other Than Named Above None Capacity(ies) Claimed by Signer(s) Signer's Name Steve Kirschner Z Corporate Officer — Title(s) vine President ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Hardy & Harper, Inc Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing ©2014 National Notary Association • www NationalNotary org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and Greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area contain►nG high Ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."} Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years 1 Please see attachment "A" Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed Provide additional project description to show similar work 2 Name and Address of Public Agency 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-9 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 Mike Amundson Name of proposed Project Manager Telephone No of proposed Project Manager 714-444-1851 Ext 113 FENDER MUSEUM CONCRETE SIDEWALK REPLACEMENT $8,200 00 Sidewalk Replacement 10/13 Project Name & Contract Amount Type of Work Date Completed Silver Spur Curb & Gutter Phase 3 $35,744 00 Curb & Gutter Project Name & Contract Amount Type of Work 9/14 Date Completed SIDEWALK GRINDING VARIOUS $3,839 00 Sidewalk Grinding 5/14 Project Narne & Contract Amount Type of Work Date Completed 2 Dennis Beyle Name of proposed Superintendent Telephone No of proposed Superintendent 714-444-1851 Ext135 2013/14 Roadway Rehabilitation & Sidewalk Repair Project $1,491,543 00 Sidewalk Repair Project Project Name & Contract Amount Type of Work Street Improvements & Main Street Bridge Rehabilitation $1,184,570 00 Main Street Bridge Rehabilitation Project Name & Contract Amount Type of Work 12/14 Date Completed 12/14 Date Completed LOCAL STREET REHAB- (FY12/13) 208-67911 $1 101 000 00 Street Rehabilitation 1/14 Project Name & Contract Amount Type of Work Date Completed C-10 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771 1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR) Currently the annual non-refundable registration fee for Contractors is $300 Each contractor to whom a public works contract has been awarded shall sign the following certificate DIR FACT SHEET on SB 854 http //www dir ca gov/DLSE/PublicWorks/SB854FactSheet_6 30 14 pdf DIR's Contractor Registration Link — Call (844) 522-6734 https //efiling dir ca gov/PWCR/ActionServIet?action=dispIayPWCRegistrationForm DIR's Contractor Registration searchable database https //efiling dir ca gov/PWCR/Search action I am aware and will comply with the provisions of Labor Code Section 1771 1(a) which states "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725 5 It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029 1 of the Business and Professions Code or by Section 10164 or 20103 5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725 5 at the time the contract is awarded " I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid Date 12/28/15 DIR 4- 1000000076 C-11 Hardy & Harper, Inc z r By Steve Kirschner - Vice President Title 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) 4 Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968, or Will hire no new employees in conjunction with this project Will award 10% of its sub -contracts to Section 3 businesses This certification shall apply to the prime contractor's sub -contracts related to this project Contractor Hardy & Harper, Inc Contact Person Steve Kirschner Contact Phone 44-1851 Signed Date 12/28/15 *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-12 PUBLIC WORKS REFERENCES Attachment A 2014/2015 Owner/Agency Contact Project (Amount & Completion Date) City of Buena Park Wood Nousome Burnham Avenue Improvemnt 8150 Knott Avenue wnousome(D.buenapark com Schedule A Project (714) 562-3750 Buena Park, CA 90620 ST-969 $229,113 12/14 County of Los Angeles Public Works Jose Pou, P E 124th Street ET Al 900 S Fremont Avenue (626) 458-2191 RDC0013372 Alhambra, CA 91803 JpoW( dpw lacountygov $4,304, 600 12/14 City of Tustin Eddy Jan, P E 2013-14 Roadway Rehab 300 Centennial Way (714)-573-3157 & Sidewalk Repair Project Tustin, CA 92780 elan@andpen com CIP 70001 $1,491,543 12/14 City of Palos Verdes Jack Rydell, P E FY 14/15 Street Resurfacing 340 Palos Verdes Dr West (310) 378-0383 Project NIB-14-07 Palos Verdes Estates, CA 90274 iackrydellCakaaprofessionals com $1,187,987 12/14 County of Los Angeles Public Works Jose Pou, P E 124th Street ET Al 900 S Fremont Avenue (626) 458-2191 RDC0013372 Alhambra, CA 91803 Jpou ,dpw lacountV 4ov $4,304, 600 12/14 City of Hesperia Dwaine Latimer, P E Street Improvements and 9700 Seventh Avenue (760) 947-1434 Main Street Bridge Rehab Hesperia, CA 92345 dlatimer .cOofhespena us $1,184,570 01/15 City Eastvale Ruben wclgneta SCHLEISMAN ROAD 2929 Tapo Canyon Road Simi Valley, CA 93063 (g51) 9Q3 4I}2- rcg-pneda @ Et Va1eCA gDV Overlay STPL-5486(002) $333,333 00 8/15 City of Norco Bill Thomas FY 2015-16 Annual Minor 2870 Clark Ave (951) 735-3900 Street Rehabilitation Phase I Norco, CA 92860 $777,000 00 11/15 PUBLIC WORKS REFERENCES Attachment A 2014/2015 City of Norco Bill Thomas FY 2015-16 Annual Minor 2870 Clark Ave (951) 735-3900 Street Rehabilitation Phase II Norco, CA 92860 $547,000 00 11/15 City of Walnut Natalie Avila, P E Area 1 & 2 Street 21201 La Puente Rd (909) 594-9702, Ext 315 Resurfacing Project Walnut, CA 91789 navda rkagroup com $1,077,000 00 11/15 City of Rancho Cucamonga Romeo David Foothill Blvd Pavement 10500 Civic Center Drive (909)477-2740 Rehabilitation Rancho Cucamonga, CA 91730 JDGayman(c dpw sbcountygov $1,076,200 00 11/15 City of Simi Valley Fuad Shamout, P E FY 2015-16 Annual Minor 2929 Tapo Canyon Road (805) 583-6788 Street Rehabilitation Simi Valley, CA 93063 FShamout(a�simivalley org $1,213,960 50 11/15 Legal Name Registration Number County City Registration Date Expiration Date HARDY & HARPER INC 1000000076 ORANGE SANTA ANA 06/19/2015 06/30/2016 Bid Bond CONTRACTOR (Name, legal status and address) Hardy & Harper, Inc 1312 E Warner Avenue Santa Ana, CA 92705 OWNER (Name, legal status and address) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Bid Bond Number CSB A-1001 SURETY (Name, legal status and pnncepal place of business) Fidelity and Deposit Company of Maryland 777 South Figueroa Street, Suite 3900 Los Angeles, CA 90017 This document has important legal consequences Consultation with An attorney is encouraged with respect its completion or modification Any singular reference to Contractor, Surety, Owner or other party ,hall be considered Plural where applicable BOND AMOUNT Ten Percent (10 %) of Amount Bid PROJECT FY 15/16 Curb Access Ramp Installation Project from Various Locatons, CC No 1529 Project Number, if any The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, admirustrators, successors and assigns, jointly and severally, as provided herein The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the Iunsdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days If this Bond is issued in connection with a subcontractors bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond Signed and sealed this 4th day of January. 2016 Hardy & Harper Inc %?t/ (Seal) (Witness) R71 UnV st✓CQ,-1 Q r I (Title) --�vC, nrschQCr- y(pB Q eS4LICrit Fidelity and Deposit Company of Maryland (Seal) OV,tness) (Title) Dwight Reilly, Attorney -in -Fact By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www nasbp orb) makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business NASBP vouches that t the original text of this document conforms exactly to the text in AIA Document A310-2010, Bid Bond Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance CALIFORNIA• • •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 ORANGE ) On January 6. 2016 before me, JO-ANN LYONS NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(x) whose name(ss) �.I/aye subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/her/their authorized capacity(iQfi), and that by his/hear/their signature(x) on the instrument the person(2), or the entity upon behalf of which the person(x) acted, executed the instrument JO-ANN LYONS Commission # 2023055 a -'m Notary Public - California Z Z�c Orange County D My Comm Expires May 3, 2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS =_hand and offic-1W seal Signature— Signature of Notary Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Bid Bond Document Date January 4. 2016 Number of Pages 1 Signer(s) Other Than Named Above Dwight Redly Capacity(ies) Claimed by Signer(s) Signer's Name Steve Kirschner Z Corporate Officer — Title(s) _Virp Prpciripnt ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Hardy & Harper, Inc Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing ..y .�' "�' .y .y�y�yWy ��'".v'.�r{i'✓ 'e' -r 'ei 'e' •ei •y -ei -� •y "y •a •ram •ai -r -ai -m •y •e' -a� "ems "�'.�.i, 'y.-✓ti.'ci '✓ -ei 'i '✓ '✓ 'ei -y ' 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 January 4, 2016 before me, Susan Pugh, Notary Public (insert name and title of the officer) personally appeared Dwight Redly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/an subscribed to the within instrument and acknowledged to me that he/z(t executed the same in his/bectkxxxauthorized capacity( ax), and that by his/xeodxxRsign ature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature rt✓� Susan Pugh ;. SUSAN PUGH COMM #2105405 12 Notary Public -California N 'j ORANGE COUNTY LL MY Comm Expires Apr 29, 2019 11 u (Seal) ." r Bond No. CSBA-1001 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REMLY, Andrew WATERBURY and Arturo AYALA, all of Orange, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York, the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland, and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland, in their own proper persons The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 8th day of September, A D 2015 ATTEST Secretary Enc D Barnes ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND o vcrof ,�' ►Si%Nsu2,,.. SPI :o-- —•—d, nio7 _r6l , � � v K4 Z,//( Vice President Thomas O McClellan State of Maryland County of Baltimore On this 8th day of September, A D 2015, before the subscnber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O MCCLELLAN, Vice President, and ERIC D BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written Constance A Dunn, Notary Public My Commission Expires July 9, 2019 POA-F 012-0079B City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk April 1, 2016 Nobest, Inc 7600 Acacia Ave Garden Grove, CA 92841 RE FY 15/16 Curb Access Ramp Installation Project, Various Locations — CC-1529 Enclosed please find your original bid bond for CC-1529 Sincerely, Joan L Flynn, CMC City Clerk JF pe Enclosure Sister Cities Anjo, Japan ♦ Waitakere, New Zealand Sea 4ecf�,�/°�- r1W,"�p Coro 4CCPSV'lQS �TfiSffc�l�rt-b7 (-'- �cc No. 15,2 u) 2016 JAN. -7 Pt' 1: 37 Cl, CLU" CI1 Y Qr IIIIN 1 IidGTON BEACH .'�SR�i,Groo w, ` SECTION C PROPOSAL for the construction of FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT from VARIOUS LOCATIONS CC No. 1529 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc , and will be guaranteed for a period of sixty days from the bid opening date If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in Y 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 Accomnanviniz this Dronosal of bid, find 9,-dr�Pi" S 60a W in the amount of O GZ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable Bidder shall signify receipt of all Addenda here, if any Addenda No. Date Received � °"N "" Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE A FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 BID ITEMS ,_. 1 .;; . , Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR as shown on Curb Ramp Detail 1 in 1 Appendix K of Specifications (Item includes all ay appurtenances, curb & gutter, depressed curb, sidewalk, prI — domes, retaining curb, slot pave, etc) 39 EA $ $ Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 2 shown on Curb Ramp Detail 2 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed IV C49 curb, sidewalk, domes, retaining curb, etc) 30 EA $ 2660 $ 7�LIGiD Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 3 shown on Curb Ramp Detail 3 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, dowels, sidewalk, domes, retaining curb, etc) 6 EA $ 3ft $ SUB -TOTAL BID AMOUNT — SCHEDULE A ov $ ?-F U6 SUB -TOTAL BID AMOUNT IN WORDS Twa f �u Ljn ) t= ► i+�, j-�u�L `Tt+occs c 5�vc l-4u tu�rzr� p oLt_A-&,s Note All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.1 SECTION C PROJECT BID SCHEDULE B FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 BID ITEMS Descriptio „Quantity Unl<t ITnitRCost TotatCost� tge:ms .,�EXteDS10���� Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR as shown on Curb Ramp Detail 1 in 1 Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, slot pave, etc) 8 EA $ 9702 $ 7 ( Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 2 shown on Curb Ramp Detail 2 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed domes, 15 co $ 2 4p $ 3gd00 curb, sidewalk, retaining curb, etc) EA Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 3 shown on Curb Ramp Detail 3 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, dowels, sidewalk, domes, retaining curb, etc) 8 EA $ 3� $ 4 Install truncated domes to existing Curb Ramp g EA $?_1;b $ Z106 Oa SUB -TOTAL BID AMOUNT — SCHEDULE B $ SUB -TOTAL BID AMOUNT IN WORDS ' "I OkiLr �'F-Lt ",0 /Ltd AJ/k)Lr 7-h'0ee5 AAiQ "Gs Note All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid Items C-2.2 SECTION C PROJECT BID SCHEDULE TOTALS FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 6� Sub -Total Bid Schedule A`f,70U Sub -Total Bid Schedule B 1 0LYJ TOTAL BID AMOUNT, BASIS OF AWARD (Schedules A-B) TOTAL BID AMOUNT IN WORDS /L /16 l'1*Ui) tLV Notes All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor Bid 4 Item(s) Name and Address of m Subcontractor State License Number Class DIR , Number 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-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on �-l�, at 8�' Date City State I-aryy hAd , being first duly sworn, deposes and says that he or she is P/Py ;dew of /116ke g t rh c. the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder of -Ze/1 41) //G4c,47 Ale. Address of Bidder �Ilavej l7 q;2 ftyl 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 FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT, (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- I _'] '-) to /abut shy. Contractor Title C-5 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On 1 —%`_1(o before me, Ray E. Anderson/Notary Public (Here insert name and title of the officer) personally appeared Larry Nodland who proved to me on the basis of satisfactory evidence to be the person1s') whose name(Kis/#Pesubscribed to the within instrument and actuiowledged to me that he/,fiel�prexecuted the same in his/er/Wauthorized capacity�ie5 j, and that by his/�iefltl� signature on the lnstlument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KAYE ANDERSON�� Commission * 2031255 qs -s Notary Public - California z Orange County D My Comm Expires Jun 27, 2017 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ,,(Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside ofCaliforma In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i e terrifying the authorized capacity of the signer) Please check the document carefully for proper notarial wording and attach this form frequired • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment Is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect fors (i e Wshe/dwy,- is /are ) or circling the correct fors 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 for • Signature of the notary public must match the signature on file with the office of the county clerk Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary) • Securely attach this document to the signed document 2008 Version CAPA v12 1007 800-873-9865 www NotaryClasses com DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 0 No If the answer is yes, explain the circumstances in the space provided /11'4 Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract Date I- -7 - t c Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct Nobey f 1,qe. Bidder Name 2.�0© Ale, Business ddress G, 4cfpg (fd� , C Q2 g City, State Zip (-7/y) g9a � Ss8`3 Telephone Number State Contractor's License No and Class q- 71 Original Date Issued 2 - 3 i- l6 Expiration Date The work site was inspected by A < Ke %eW,s of our office on 1- y , 2016 The following are persons, firms, and corporations having a principal interest in this proposal La(lY Ka ben - IllaolloozT-- kcr-e t!E y The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans end specifications set forth f 4nC. QI/ V )V.P alnW Printed or Typed Signat e KAY E ,oN Coinni , -.icn # 2031255 z ;; +� _ s Subscribed and sworn to before me this day of ��� , 201 ��• Notary Public - California zOrange County It 17 "loll) My Comm Expires Jun 27, 2017 NOTARY PUBLIC NOTARY SEAL C-8 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert." 1 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. 2 Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed Provide additional project description to show similar work Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed Provide additional project description to show similar work 3 Name and Address of Public Agency Name and Telephone No of Project Manager. Contract Amount Type of Work Date Completed a ' Provide additional project description to show similar work C-9 NOBEST INCORPORATED REFERENCE LIST Page 1 No 1 Project Name/Number Bay Avenue Maintenance #6 Project Description Remove and Replace Concrete Streets and Alleys Approximate Construction Dates From 3/2015 To 6/2015 Agency Name City of Newport Beach Contact Person Mike Sinacon Telephone (949) 644-3342 Original Contract Amount $826,000 Final Contract Amount $ 836,063 le . ►i Project Name/Number Residential Tree Petition Street Improvements Project Description Remove R Replace Curb & Gutter. Sidewalks Dnveways Cross Gutter Tree Planttn> Coldmdl and Overlay Approximate Construction Dates From 8/2015 To In Progress Agency Name City of Huntington Beach Contact Person Dave Verone Telephone (714) 536-5431 Original Contract Amount $650.501 Final Contract Amount $ In Progress NOBEST REFERENCE LIST Page 2 No 3 Project Name/Number Annual Concrete Maintenance Program Project Description R & R Concrete Sidewalks, Curb & Gutter Dnve Approaches and Curb Ramps Approximate Construction Dates From 2/2013 To Present Agency Name City of Huntington Beach Contact Person Dereck Livermore Telephone (714) 960-8861_ Original Contract Amount $500,000 Final Contract Amount $ In Progress NM Project Name/Number Section 2 Concrete Repair & Miscellaneous Slurry Project_ Project Description Remove & Replace Sidewalks Dnveways Curb Ramps and Curb & Gutter Approximate Construction Dates From 8/2014 To 10/2014 Agency Name City of Manhattan Beach Contact Person Juan Price " Telephone (310) 802-5310 Original Contract Amount $1,119,790 Final Contract Amount $ 1,138,600 NOBEST REFERENCE LIST Page 3 No 5 Project Name/Number Annual Concrete Rehabilitation Project 128 Project Descnption Remove & Replace Sidewalk, Curb Ramps Curb & Gutter, and Tree Removals Approximate Construction Dates From 5/2015 To 8/2015 Agency Name City of Cypress Contact Person Dano Simoes Telephone (714) 229-6694 Original Contract Amount $514,000 Final Contract Amount $ 431,883 RM . Project Name umber Safe Routes to School Grant Project Descnption Remove and Replace Sidewalk, Curb & Gutter. Dnveways Curb Ramps and Alleys Approximate Construction Dates From 8/2014 To 7/2015 Agency Name City of Pomona Contact Person Matt Pilarz Telephone (909) 620-3652 Original Contract Amount S 1,515,103 Final Contract Amount S 1,700,000 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years These projects do not have to be under the employment of the bidder of this project Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein 2 Name of proposed Project Manager Telephone No of proposed Project Manager I L4 - a 7 Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Name of proposed Superintendent Telephone No of proposed Superintendent: Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Date Completed Date Completed Date Completed Date Completed Date Completed Date Completed C-10 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771 1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR) Currently the annual non-refundable registration fee for Contractors is $300 Each contractor to whom a public works contract has been awarded shall sign the following certificate DIR FACT SHEET on SB 854 http //www dir ca gov/DLSE/PubllcWorks/SB854FactSheet-6 30 14 pdf DIR's Contractor Registration Link — Call (844) 522-6734 https //efiling dir ca gov/PWCR/ActionServlet9action=displayPWCRegistrationForm DIR's Contractor Registration searchable database https //efiling dir ca gov/PWCR/Search action I am aware and will comply with the provisions of Labor Code Section 1771 1(a) which states "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725 5 It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029 1 of the Business and Professions Code or by Section 10164 or 20103 5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725 5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid Date I — i f (0 DIR # A600 // ,j 24 Abi%t- �17kc- Contractor f2iP S,k n� Title C-11 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) LJ J Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968, or Will hire no new employees in conjunction with this project Will award 10% of its sub -contracts to Section 3 businesses This certification shall apply to the prime contractor's sub -contracts related to this project Contractor Contact Person Contact Phone Signed Date *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-12 THE AMERICAN INSTITUTE OF ARCHITECTS Bond Number NOBIN-246 ` I i AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS. that we Nobest Incorporated 7600 Acacia Ave Garden Grove CA 92841 as Principal, hereinafter called the Principal and Merchants Bonding Company (Mutual) 6700 Westown Parkway West Des Moines , IA 50266 a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main St, Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the 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 FY 15/16 Curb Access Ramp installation Project, CC No 1529 in the City of Huntington Beach NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect_ Signed and sealed this 22nd day of December, 2015 Nobest Incorporated (Witness) Merchants Bonding (Witness Arturo Ayala (gr Attomey-in-Fact (seal) AIA DOCUMENT A310 . BID BOND • ALA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NY AVE, N W, WASHINGTON, D C 20006 1 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On (0 before me, Kay E. Anderson/Notary Public (Here insert name and htle of the officer) personally appeared Larry Nodland who proved to me on the basis of satisfactory evidence to be the personX) whose namVis/,uL"subscribed to the within instrument and acknowledged to me that he/,fidfhh executed the same in hisdar*eYauthorized capacity, and that by hisdier fier signatureyon the Instrument the personsor the entity upon behalf of which the persony"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. KAYE ANDERSON TNESS h rid official seal. <(&MyComm Commission # 2031255 ZNotary Public - California zZOrange CountyL�/C/l�'-' ` Expires Jun 27.20174+ gna1re of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ,,(Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Addihonalinformation) CAPACITY CLAIMED BY THE SIGNER (] Individual (s) ® Corporate Officer President (Title) (] Partner(s) (] Attorney-m-Fact (] Trustee(s) t] Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside ofCal California In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (t a cernfying the authorized capacity of the signer) Please check the document carefullyfor proper notarial wording and attach thisform (required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notanzation 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 prmt his or her name as it appears witfun his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the tune of notanzahon • Indicate the correct singular or plural forms by crossing off' incorrect forms (i e tie/she/dw)L,- is /are ) or circling the correct forms Failure to correctly indicate this information may lead to refection of document recording • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county cleric Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a drf Brent 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 (m a CEO, CFO, Secretary) • Securely attach this document to the signed document 2008 Version CAPA v12 1007 800-873-9865 www NotaryClasses com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document STATE OF CALIFORNIA County of Orange On 12/22/15 before me, Susan Pugh , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Arturo Ayala Name(s) of Signer(s) SUSAN PUGH COMM #2105405 Notary Public -California ORANGE COUNTY LL My Comm Expires Apr 29,2019 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ace subscribed to the within instrument and acknowledged to me that he/skeftey executed the same in his/heMhex authorized capacity(=&), and that by his/filets heir signature(s) on the instrument the person(s5), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Witness my hand and official seal Signature �( Place Notary Seal Above Sigilature of Notary -Public PUg OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document Description of Attached Document Title or Type of Document Bid Bond Document Date 12/22/15 Number of Pages One Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Arturo Ayala ❑ Individual ❑ Corporate Officer —Title(s) _ ❑ Partner ❑ Limited ❑ General 9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing Top of thumb here Signer's Name ❑ Individual ❑ Corporate Officer —Title(s) — ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing MERCHANTS Bond No NOBIN-246 BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC , both being corporations of the State of Iowa (herein collectively called the "Companies') do hereby make, constitute and appoint, individually, Andrew Waterbury, Arturo Ayala, Daniel Huckabay, Dwight Reilly their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of TEN MULLION ($10,000,000.00) DOLLARS This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc , on October 24, 2011 "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognrzances, contracts of indemnity and other writings obligatory in the nature thereof " "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed " In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation In Witness Whereof, STATE OF IOWA COUNTY OF Dallas the Companies have caused this instrument to be signed and sealed this 15th day of August , 2015 MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC President On this 15th day of August , 2015 , before me appeared Larry Taylor, to me personally known, who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC, and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies, and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors ."".40f," • • ... • 41 =_ v- 2 C 03 :. - y 1933 c; irk'• ••�y •� L,•. �•'�r,<�,. ss gPRrA4s WENDY WOODY > Commission Number 7W54 My Commission Expires �owP June 20, 2017 Notary PubA , County, Iowa (Expiration of notary's commission does not invalidate this instrument) I, William Wainer, Jr, Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC, do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 22nd day of December , 2015 ••p0G.0041y•. �o�oRP099 y: a' 1933 c; SJb acti. POA 0014 (6/15) Secretary 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 April 1, 2016 Ruiz Concrete & Paving, Inc 1344 Temple Ave Long Beach, CA 90804-2433 RE FY 15/16 Curb Access Ramp Installation Project, Various Locations — CC-1529 Enclosed please find your original bid bond for CC-1529 Sincerely, quet"W. Joan L Flynn, CMC City Clerk JF pe Enclosure Sister Cities Anjo, Japan ♦ Waitakere, New Zealand Ruiz Concrete & Paving Inc. i 1344 Temple Ave. nisat Long Beach, CA 90804-2433 i IS/�Ei �tJL�r ��Cc_�� Y�awy,� �✓1S'%'A.��� ��^C1�� c N /52 CT ✓ V 62 z P "-' R 20i6 i "NI -7 P,, 1: 54 CIT" CLi t; CIrY ni- F'UN T INGTON B,-A„II v� 7geo J C� SECTION C PROPOSAL for the construction of FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT from O VARIOUS LOCATIONS CC No. 1529 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc , and will be guaranteed for a period of sixty days from the bid opening date If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void Accomnanvine this nronosal of bid. find Fid R&d 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 for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable Bidder shall signify receipt of all Addenda here, if any Addenda No. Date Received Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE A FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 BID ITEMS Item Description Quantity Unit Unit Cost Total Cost No. (Extension) Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR as shown on Curb Ramp Detail 1 in 1 Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, 39 $ 3, $ domes, retaining curb, slot pave, etc) EA I/, Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 2 shown on Curb Ramp Detail 2 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, etc) 30 EA $$ A $?l QAQ3 . Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 3 shown on Curb Ramp Detail 3 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed dowels, domes, 6 $ JZ �� $ curb, sidewalk, retaining curb, etc) EA SUB -TOTAL BID AMOUNT — SCHEDULE A $ l�l 2N3 955 Sl1R-TOTAl Rn AMnl1NT IN WORDS / Note All extensions of unit prices will be subject to verification by Owner In case verification Is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid Items C-2.1 it SECTION C PROJECT BID SCHEDULE B FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 BID ITEMS Item Description Quantity Unit Unit Cost Total Cost No. (Extension) Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR as shown on Curb Ramp Detail 1 in �Sz �� 25� 22,0 1 Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, slot pave, etc) 8 EA j Construct Curb Access Ramp per Caltrans Std Plan A88A 2 from BCR to ECR using horizontal curb cutting machine as shown on Curb Ramp Detail 2 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed Is curb, sidewalk, domes, retaining curb, etc) 15 EA Construct Curb Access Ramp per Caltrans Std Plan A88A C�) from BCR to ECR using horizontal curb cutting machine as 3 shown on Curb Ramp Detail 3 in Appendix K of Specifications��;�{, (Item includes all appurtenances, curb & gutter, depressed $ $ curb, dowels, sidewalk, domes, retaining curb, etc) 8 EA 4 Install truncated domes to existing Curb Ramp 6 EA $ `150 $ 2 '7 b O— SUB -TOTAL BID AMOUNT — SCHEDULE B $ (`yS�,, .7 O 1 < 2—o QI ID TlITAI DIM AhAni W-17 IAI \A1nDr0 2y,3�o Sco K o Note All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid Items C-2.2 SECTION C PROJECT BID SCHEDULE TOTALS FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 Sub -Total Bid Schedule A Sub -Total Bid Schedule B TOTAL BID AMOUNT, BASIS OF AWARD (Schedules A-B) TOTA ID AMOUNT IN \NOF3DS, $2 q3, 855 76 �701 � 2G-7 �Io A5jF1_5_51. Y O Notes All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor Bid Item(s) Name and Address of Subcontractor State License Number Class DIR Number Dollar Amount % of Contract A � 13 2 .\c czri,,q so_w, e6 (rc 5�S of A &ion, By submission of this proposal, the Bidder certifies That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 1/6/16 , at Long Beach , Date City State Jose A Ruiz Jr , being first duly sworn, deposes and says that he or she is Vice President of Ruiz Concrete and Paving 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 Ruiz Concrete and Paving Inc Name of Bidder 6'elo�—w A2_1 — /91'19natbe idder 1344 Temple Ave Long Beach, Ca 90804 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein Date 1/06/2016 Ruiz Concrete and Paving Inc Contractor Jose A Ruiz Jr By Vice President Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract Date 1 /06/2015 Ruiz Concrete and Paving Inc Contractor Jose A Ruiz Jr By Vice President Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct Rutz Concrete and Paving Inc Bidder Name 1344 Temple Ave Business Address Long Beach CA 90804 City, State Zip ( 562 ) 439-3070 Telephone Number 966395 A State Contractor's License No and Class 10/31/2013 Original Date Issued 10/31 2016 Expiration Date The work site was inspected by Jose A Ruiz Jr of our office on 01/05/ , 2016 . The following are persons, firms, and corporations having a principal interest in this proposal Ruiz Concrete and Paving Inc Aldo B Ruiz Jr / President Jose A Ruiz Jr / Vice President The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth Ruiz Concrete and Nvina Inc Company Name Signature of Biddo Jose A Ruiz Jr Printed or Typed Signature Subscribed and sworn to before me this 7r/Iday of .`EIS/ 14 , 20166 NOTARY PUBLIC fflffll� C 0 PALLARES Commission # 1971748 z Notary Public - California z Z ' Los Angeles County r My Comm Expires Apr 7, 2016 NOTARY SEAL C-8 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, proiect work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."} Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years City of Lawndale 14717 Burin Ave Lawndale, Ca 90260 Name and Address of Public Agency Name and Telephone No of Project Manager Miguel Alvarez (310)-973-3265 $124,044 -- Cross Gutter improvements November 2013 Contract Amount Type of Work Date Completed Provide additional project description to show similar work Cross gutter improvements on Condone Ave City of La Habra 201 E La Habra Blvd, La Habra, Ca 90631 Name and Address of Public Agency Name and Telephone No of Project Manager Chafic Mouradi (562) 905-9720 $204,935 21 Sidewalk and wheelchair ramps Improvements Sept 2013 Contract Amount Type of Work Date Completed Provide additional project description to show similar work City of West Hollywood 8300 Santa Monica Blvd. West Hollywood, Ca 90069 Name and Address of Public Agency Name and Telephone No of Project Manager Mila Sologub (323)848-6338 $254,312 40 Concrete repairs through -out City Dec. 2013 Contract Amount Type of Work Date Completed Provide additional project description to show similar work multiple curb ramp repairs and construct, sidewalk remove and replace, and driveway remove and replace (damaged.). C-9 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 r—A l', V`UfZ Name of proposed Project Manager Telephone No of proposed Project Manager Go 17 — 2 4 3 (, Project Name & Amount I ype of work vate Uompletea Jcz AC C et Project Name & Contract Am unt Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed 2 Jcyc /\ Name of proposed Su Telephone Nonn o. f proposed Superintendent S(I2-- 2 S C� eels IL-� Vt Wit ACgpyw r� c e qlapP� Project Name & Contract Amount Type of Work Date Completed s.J e UJ%Uc CoA%*r� Bp Access (ZA s aaVo3;,a Jc,-Azx u3Ly.,i cl4 S s 2bt4- Project Name Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed C-10 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771 1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR) Currently the annual non-refundable registration fee for Contractors is $300 Each contractor to whom a public works contract has been awarded shall sign the following certificate DIR FACT SHEET on SB 854 http //www dir ca gov/DLSE/PublicWorks/SB854FactSheet-6 30 14 pdf DIR's Contractor Registration Link — Call (844) 522-6734 https //efiling dir ca gov/PWCR/ActionServlet9action=displayPWCRegistrationForm DIR's Contractor Registration searchable database https //efiling dir ca gov/PWCR/Search action I am aware and will comply with the provisions of Labor Code Section 1771 1(a) which states "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725 5 It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029 1 of the Business and Professions Code or by Section 10164 or 20103 5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725 5 at the time the contract is awarded " I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid Date 01 /06/2015 DIR #• 1000008325 C-11 Ruiz Concrete and Paving Inc Contractor Jose A Ruiz Jr By Vice President Title 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 requirements of Section 3 of CFR Part 135 of the HUD Act of 1968, or Will hire no new employees in conjunction with this project Will award 10% of its sub -contracts to Section 3 businesses This certification shall apply to the prime contractor's sub -contracts related to this project Contractor Ruiz Concrete and Paving Inc Contact Person Jose A Ruiz Jr Contact Phone 5-244-5260 Signed Date 11/06/2015 *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-12 Fidelity and Deposit Company of Maryland BID BOND WgOW ALL A t BY 1�,5� rRESFNM tat we RUIZ CONCRETE & PAVING, INC. as Princtzm hereinafter called the Principal, and Fidelity and Deposit Company of Maryiaad, a CIO duly organised under the laws of the State of Maryland, as Surety, hereinafter called Surety, arc held and firmly bound nano CITY OF HUNTINGTON BEACH as Obligee, hereinafter called Obliges, in the sum of *TEN PERCENT OF AMOUNT BID* Dollars ( 1 or ( 10 %) percent of the r I bid, whmdwver is less, for the payment of which sum well and truly to be made, the said Principal and the said Surety, brad ourselves, our hems, executors, administrators, successors and asshgns, jointly and severally, firmly by these presently. WEGMF.AS, the Pnnapal has submitted a bid for "FY 15/16 CURB RAMP INSTALLATION PROJECT, BID NO. 1120915-0066" NOW, THEREFORE, if the Obligee dMa accept the bid of the Prhuzpai and the Principal sball enter into a Cooh-actwith the Obligee is accordance witlh the terms of such bid, and give such bond or bonds as may be specified m the bidding or Cwhad Documents wahh good and suf$cieat surety for the faitbfnl performance of such Contract and for the prompt payment of labor and makmial in-r2i -^i m the prosecution thereof, or m the event of the failum of the Pnncmpai to enter such Caalrad and grove such bond or bonds, if the sha11 the ObPaY to the Obligee the diff�ce-aot to exceed the penalty hereof between the amount specified is said bid and such lamger amount f sa whirls ligeo may in good fadh contract with another parry to perform the Work covered by said brd, then this obligation shall be =11 and void, otherwise to remain In &H fore and effect Signed and sealed this 18thday of DECEMBER , 20 15 (Wittiness) (W-gn=) CALIFOPOSE ACKNOWLEDGMENT State of California County of ORANGE On December 18, 2015 before me, MEG QUIGLEY, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MICHAEL A. QUIGLEY Name(s) of Slgner(s) MEG OUIGLEY ll41 � . Commission # 1963669 a -f-e3 Notary Public - California z z t- f z Orange County D My Comm Expires Jan 10, 2016 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(24 whose name(E) iskm subscribed to the within instrument and acknowledged to me that he/sbedwfi executed the same in hislhBdthau authorized capacity(ma), and that by his/heritkmxsignature($� on the instrument the person(, or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNE; Signatur OPTIONAL Though the information below is not required by law, it may prove and could prevent fraudulent removal and reattachment Description of Attached Document Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(les) Claimed by Signer(s) Signer's Name O Individual O Corporate Officer —Title (s). — O Partner — O Limited O General O Attorney in Fact O Trustee ❑ Guardian or Conservator O Other. Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here Number of Pages Signer's Name O Individual O Corporate Officer — Title(s) O Partner — O Limited O General O Attorney in Fact O Trustee O Guardian or Conservator O Other Signer Is Representing RIGHT THUNISPRINT OF SIGNER CA ALL-PURPOSE ACKNOWLEDGEMENT "A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document " State of California County of Los Angeles On January 7, 2016, before me, C O Pallares/Notary Public, personally appeared, Jose Alejandro Ruiz, 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 lus/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature COPA�LL�S Commission # 1971748 c Notary Public - California Z Los Angeles County D My Comm Expires Apr 7, 2016 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 April 1, 2016 Pub Construction, Inc 23441 Golden Springs Dr #104 Diamond Bar, CA 91765 RE FY 15/16 Curb Access Ramp Installation Project, Various Locations — CC-1529 Enclosed please find your original bid bond for CC-1529 Sincerely, Joan L Flynn, CMC City Clerk JF pe Enclosure Szster Citzes Anjo, Japan ♦ Wartakere, New Zealand PUB Construction, Inc 23441 Golden Springs Dr, #104 Diamond Bar, CA 91765 BID FOR: FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT, from Various Locations, CC No. 1529 Bid Date and Time January 7, 2016 @ 2 00 PM .._„_�_Y-�-.-___•�-,�--..�.t-.—,.. - - -P—�-- �ri�.. 4 �..�.., . ��-� �-•..ram �,� --�� �� �- y �f _ ' ,> - . - ' � �" � '' , z F ': '�' r_ '•-icy �-,.. �. �,'.'�,�'��€��.' � a � < _ y, ,'k � � t •-" " 4 � 4 4 �9r4 3?r,_, in �kt l�'t�"'`�1 �'i -i#agr - �- .Y`rj,-D' " ,. r k'!" ""rl?>3'6aF JAN -7 P = '"a- - --�i-^3�. �r M+`v - x - �"'Y. 4 v*ty'✓. rv> � �f't "'-,�_'�yr`�-_ � � � � r L� � -rEa :'JAIA -sr'-'-'i,; � T,-_ ' �'� ,�.,�r �'� _ z`vi `ti `�, M1 � .4 Y _ r y c� `� .. "�, m avE, ' � _ t rjl'• _T�-�- -�.R y��`t ;..i� ` s, .A"�zx_; °�.r`�"� � -_` e, ' _ > < � `+ .`' - �s __?",�', •_�0'..5 �.�.yr•;,y�-r xiii 'f �'.r .'`k y�� `��'��,„'"�4• �� „Kj ,. `b ,- � _ _ v � t.." _ , r .. � 5a a .5,�� ',5r ��`.��.-�� ^�",u`".-Sy;'s..� ��, >'S�a 4' � �f �'-m`.� bvl �� '�_� �� _» �,r� vas,'` +�'� a. _. o - 2 t "+' f„ ' 4 i• „y ,?q �J _ ,t+ t� r ,, _<_ �t�,, a,: , t" i �` _ s✓� F^5 > j1r �{'' {� .. , - , •f _ _ _ ,a _ t Y s s5, v At " S� (. ,t.,-�y4 svy �S it Ht+- � 5T � _ . > ' _ , r . - a >. i r. n ' � •. - .. - r ` � %.. - - :. .' a •4 }'�L" '.x�" ,< r�,,. M _ r r .. � -. i - -,, _ ^ ., - , r .. _ A `~ - __ „ �• - {hers„t�r�*� t Yl, is `� ..tc•.'"�raAr:-��� ^�-` :o`-� y .b'� 3 ti' r< r n r ..v e' , 7 fir. t ,!' _e ,._� - - -c,z." ���g.J'i,. �.> y �` } y� ,'�'.� ,.,i .. „tis'�'xe-^ . 1• t� y i' :� M _ � , <.� '> t , .r_ +i� H : t-�.+d �,.i �k��' f:.,` - `ram ��, '�S.,y; LT � � ^Y ? <r. �, t, � ri, Y '„ ,. � .tr ,. 7 > .. r `� 'tTi '`r '„i�x'-a- - •"q ZY ^•`_-s�-{. �•n _ hr� '�-•<s::.t. rF�e,aC < ''{, � - s` ` .?Jr � - <' �s � �',r k-" t� f $ �r � _ `3`. _ ` -a �`-i _ �f:+e. _ _ >< t �"k� G"_e__ 1 ' yr-ti? tags -r � � _ ts� �`_-,'e.`aiti �,` -' " �x•�'.;a i �.d�s ,,.,fit- �, t ..��d J? � tf a"r{^fi�H'7�n - � � -.- '� .� f,<��` , ' .` 2>x,.2; 'i` 'F •-_ - k Y' ` � � - SEALED BID'' 3 �_•�� I . }'q w'1<t � �; i '� ^, .��` _ .. _ i ` �:+1' ' . r 1� >4A j"4-'.; f +<r` � *i Sai ' < _ • 5. rt 3 'u •y, `t,Y, FOR ` � r `+t ', "' i ` � ' . ., r 3t ,`„ of <'«; � � 1 { T• + `<Ls' ''' ' + Kr F � Y ,err ' E °t.,+` t f c ,•� y' ,' ,�_' � _ , S ' (r � +"Yti �{'! , ice• 'q , � _{ ` + j r r t � r'` j-r .F .��. ' FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT, CC No.1529 in the CITY OF HUNTINGTON BEACH- DO NOT OPEN WITH REGULAR MAI DELIVER TO THE OFFICE OF THE CITY CLERK, 200 MAIN STRFET, SECOND FLOOR SECTION C PROPOSAL for the construction of FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT from VARIOUS LOCATIONS CC No. 1529 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc , and will be guaranteed for a period of sixty days from the bid opening date If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void Accompanying this proposal of bid, find BI 44-e"' tm4 in the amount of 2 123 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 for10% ", as the case may be) Any standard Surety Bid Bond form is acceptable Bidder shall signify receipt of all Addenda here, if any Addenda No. Date Received - Bidder's Signature [ODA SECTION C PROJECT BID SCHEDULE A FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 BID ITEMS �S '„a item"�,e V�,P a.a� Description �^>Q'w �P 4r, !7Quant�ty Unit��`Un�tCost ,ate µ, ., IotalCost." aa` �� �i. ��a�� i'a xtension)>, ���A��`��"�w� ���y Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR as shown on Curb Ramp Detail 1 in 1 Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, slot pave, etc ) 39 EA $2, 50. o0 $ i 0"1, 2SO • Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 2 shown on Curb Ramp Detail 2 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed domes, 30 2 bO.0 $ U $ 2/il�•00 l��4 curb, sidewalk, retainingcurb, etc EA Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 3 shown on Curb Ramp Detail 3 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed dowels, 00 $ 2J420 $ I % 52-0- curb, sidewalk, domes, retaining curb, etc) 6 EA • SUB-TOTAL BID AMOUNT — SCHEDULE A $ is DO SUB -TOTAL BID AMOUNT IN WORDS i21i2 Hummed 'GigVty +?kr TytuRc,�d Dv�e hyyiJnrA Seyehf,Y Dalkayrs a.yiii4 Z L) Ceres Note All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid Items C-2 1 SECTION C PROJECT BID SCHEDULE B FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 BID ITEMS Item TU. Description 'Quan tity, " 04Vnit Cost Total,Cdst WMiw, i4X (Ext�Asiqn)"Q L F—"'ei Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR as shown on Curb Ramp Detail 1 in I Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining 8 DO 22, QW. curb, slot pave, etc) EA Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 2 shown on Curb Ramp Detail 2 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed domes, 15 no curb, sidewalk, retaining curb, etc ) EA Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 3 shown on Curb Ramp Detail 3 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, dowels, sidewalk, domes, retaining curb, etc 8 EA 00 4 Install truncated domes to existing Curb Ramp 6 EA $ 00 $ 4, 00 SUB -TOTAL BID AMOUNT — SCHEDULE B $ 00 00 SUB -TOTAL BID AMOUNT IN WORDS Sever" Sever Tkov�;akid e�xN DoftaYs MA Zero C4nt5 I I Note All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or 211 proposals and bid items C-2.2 SECTION C PROJECT BID SCHEDULE TOTALS FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 Sub -Total Bid Schedule A IS 4 120. 00 � D p Sub -Total Bid Schedule B 9 1 I qy TOTAL BID AMOUNT, BASIS OF AWARD (Schedules A-B) `4 2 � 1 ✓ 23 d . op TOTAL BID AMOUNT IN WORDS ' Wo �u► AY-4 S i Xty - (yiee T h oils a kiA Tw O �l u n d r-ed :[ h-iYJy bol l a 6s W d Zero C-e► ds Notes All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name a,�d business address of each subcontractor who will perform work or render service to the bidd on said contract in an amount in excess of one-half of one percent of the total bid or$1,600, whichever is greater, and the portion of the work to be done by such subcontractor Bid Item(s) Name and Address of � Subcontractor State License Number Class DIR Number D Ilar mount % of Contract By submiss n of this proposal, the Bidder certifies I hat he is able to and will perform the balance of all work which is not covered in the above subcontractors listing 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed one 1-14, at N amond gar CA Date City State Ckv K Yl , being first duly sworn, deposes and says that he or she is BI- f efein± of pug C�,C cq, lylic . 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 PRg Constru c+Ck l , .1-n.c _ Name of Bidder Signat e of Bidder 2-3441 Fo44eh S h S Dr 14Oq Address of Bidder Dia Far, (A 0111&S 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 FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT, (I)(we)(►t) 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 Ut►Iity 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 -1 -1 (0 C-5 PIAR> CWS'}rilCAjl V" , I11C Contractor - " - k'' By Presidvehf 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 IJ /No If the answer is yes, explain the circumstances in the space provided Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract Date 7 - 1 C-7 ?LAB coyg-f "1 uc, o'I , 1-kic . Contractor By ? e5 i A-P-K+ Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct U 8 Covlstru C'+1 o n , IVIC Bidder Name 23i4q1 rg014eV1 Dr..:110LE Business Address D i amn yt d Isar CA q I q(a5 City, State Zip (oloq ) Ltss-oj? j Tele hone Number lfibbg , Aj&,ol5,C 33,C5`t State Contractor's License No and Class l - S - ZOOo Original Date Issued l� - 31 -IV Expiration Date The work site was inspected by Peter �V It n of our office on heCMm ef- 27, 20115 The following are persons, firms, and corporations having a principal interest in this proposal Glaris Yi - �esi�.�n+ C k n E vice ffes1 dfkq- Chris Yi - Secr,e-�ar! Ghris Yi - Treasurer 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 PlAb Cvr►Audcb m., Inc. Company Name// Signature of gjVcfer Chns YI Printed or Typed Signature Subscribed and sworn to before me this _ day of , 201_ NOTARY PUBLIC C-8 NOTARY SEAL 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 Anqeles Subscribed and sworn to (or affirmed) before me on this 7th day of January , 20 16, by Chris YI of Pub Construction, Inc. proved to me on the basis of satisfactory evidence to be the personal who appeared before me � KARAM CHUNG � a =1 2e` Commission # 1982656 Notary Public - California z Z ° ��i ' Z D Los Angeles County Jun 21, 2016 My (Seal) Comm Expires ignature Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public rip_ht-of-way. Sanitary sewer lift stations of similar size, protect work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."} Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years 2 Vic) Holiko Co I-e 3 0a Name and Address o Public Agency Cat gO(Q0I Name and Telephone No of Project Manager T(gLW& Com-Pill . 5�e�' q08 "3413 V2012 Contract Amount Type of Work Date Completed Provide additional project description to show similar work gwil� drlvMAAI. , S+,x rs,g rea ,nraY[�, 124mw� 3MI , $00 S. &arel Name and Address of Public Agency CI II(0(p Name and Telephone No of Project Manager Y-On GrLa, , I oq —317 — L[� Do 4 l.,43 I , o 00 r o a,d vvvrff-, v,� ► /moo I y Contract Amount Type of Work v Date Completed Provide additional project description to show similar work x-tersiVe to" , Paw" V,-elyxb[ [i-l"Ori Name and Address of Public Agency Name and Telephone No of Project Manager waI s, qoo s. Fr�mon+Ave, Pt t hx wANk na, c4 11803 # 0 5, 0 00 12ANt", C.on. crZf 5�2 01 Contract Amount —Type of Work Date Completed Provide additional project description to show similar C-9 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 Alex Kavm Name of proposed roject Manager Telephone No of proposed Project Manager qOq - 45S -0 Rio Bovth CoUAe 4I & O 3 ceng",,�ambn& d1.2-oc;Z- Project Name & Co tract Amount Type of Work U Date Completed 0 (, 12'9, 000 � WrObv1 I o `f- Project Name & Contrac Amount Type of Work Date Completed ZU not lke V I, I �t `l,Zq`l ,'l�- CrancQ+e, a.S f 5 /a-0l 3 Project Name & Contract Amount Type of Work Date Completed 2 1OLAVol Rlh Sung Name of proposed Superintendent Telephone No of proposed Superintendent I Dq - if SS - 0) t 4 1,Lt31, 000 D ` k S a� v.Pr1^olh t �-ol Project Name & Contract mount Type of Work Date Completed Dah Iblod-ew q 351000 r)AMVt, s/P o 15 Project Name & Contract Amount Type of Work Date Completed g10 +Vyl-" P-C- q >04WW &A —a KI" Project Name & Contr, 'Wk& 410�1013 I Amount Type of Work C-10 11/fib I I Date Completed CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771 1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July I through June 30 state fiscal year) with the California Department of Industrial Relations (DIR) Currently the annual non-refundable registration fee for Contractors is $300 Each contractor to whom a public works contract has been awarded shall sign the following certificate DIR FACT SHEET on SB 854 http //www dir ca gov/DLSE/PublicWorks/SB854FactSheet-6 30 14 pdf DIR's Contractor Registration Link — Call (844) 522-6734 https //efilmg dir ca gov/PWCR/Act ion Servlet9action=displayPWCRegistrati onForm DIR's Contractor Registration searchable database https //efilmg dir ca gov/PWCR/Search action I am aware and will comply with the provisions of Labor Code Section 1771 1(a) which states "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725 5 It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029 1 of the Business and Professions Code or by Section 10164 or 20103 5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725 5 at the time the contract is awarded " I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid Pub CDk1Sfrt.C�i1Dk., I►-C . Contractor 1. By __7 I 1 resid-eg Title Date 1 ` 11 —is DIR # 100000 5 401 phase sw a4{a ,( e4 ••. C-11 'S.x..c +N Legal Name, c Registration Number _ 3M- County 9Y a uv✓ City' `£',5 s Fx Reg�strahon Dates, '�$ '*' Expiration Dateu PUB CONSTRUCTION INC 1000005407 LOS ANGELES DIAMOND BAR 06/29/2015 06/30/2016 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 requirements of Section 3 of CFR Part 135 of the HUD Act of 1968, or Will hire no new employees in conjunction with this project Will award 10% of its sub -contracts to Section 3 businesses This certification shall apply to the prime contractor's sub -contracts related to this project Contractor —?LAB CIqu dz:*141m . Contact Person Chris YI Contact Phone 90C[ - 1 ' 55 "6 j � q Signed i Date S *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-12 Western Surety Company Bid Bond KNOW ALL PERSONS BY THESE PRESENTS, That we Pub Construction, Inc., hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto the City of Huntington Beach hereinafter referred to as the Obligee, in the sum of Ten (10) percent of amount bid, not to exceed Ten Percent of Amount Bid, (10%), 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 for FY 15/16 Curb Access Ramp Installation Project, CC No. 1529 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 29th day of December, 2015 Pub Construction Inc nnaPa ea l3 1 Western Surety Company ( urety(Seal) rkin, Attorney -in -Fact Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by vutue of the signature and seal herein affixed hereby make, constitute and appoint Owen Brown, Richard Adair, William Syrkin, Sergio D Bechara, Margaret Gilmore, Rebecca Baas -Bates, Individually of Irvine, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to brad it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 9th day of June, 2015 WESTERN SURETY COMPANY ?ypi[rro y�`pPOgq��'!e JrPnul T Bruflat, Vice President State of South Dakota 1 ss County of Mmnehaha I On this 9th day of June, 2015, before me personally came Paul T Bruflat, to me known, who, being by me duly sworn, did depose and say that he resides in the City of Sioux Falls, State of South Dakota, that be is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument, that he knows the seal of said corporation, that the seal affixed to the said instrument is such corporate seal, that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation My commission expires S. SEI �•~rrrrrrrrrr"r"r S. CH I February 12, 2021 Nt7MRy FUK= IaSOM DAWTA(Ri i t•rrrrrfrrvrrrrrrrrrrrrrr • S Eich, Notary Public CERTIFICATE I, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney herernabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 29 th day of December 2015 o 0 WESTERN SURETY COMPANY L Nelson, Assistant Secretary Form F4280-7-2012 CALIFORNIAr • s • r- ._:�e!.!r`.�..r.�.r! ._..r.a..:.�r ;r„v2,•ia�..ar:r�• a' —�: s�.:... e.�.�. sef.:e�se .�s�e-:.•. A notary public or other officer completing this certificate venfies 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 December 29, 2015 Date before me, Corinne L Hernandez, Notary Public , Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(* whose name* is/are-- subscribed to the within instrument and acknowledged to me that he/s4eAhe"xecuted the same in hisl*eAhomauthonzed capacity(fesj, and that by his/laetAheir signature(* on the instrument the person(e), or the entity upon behalf of which the person*acted, executed the instrument CORINNE L HERNANDEZ Commission # 2083563 a -as Notary Public - California i z Los Angeles County D My Comm Expires Sep 27, 2018 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITN7ur n and officiaYse 11. Signa� 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 Document Date - Number of Pages. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s) ❑ Partner — ❑ limited ❑ General ❑ individual 2rAttomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing Western Surety Company Signer's Name ❑ Corporate Officer — Title(s) D Partner — ❑ Limited ❑ General ❑ individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator :�! Other Signer Is Representing- 5xiijum Ireggillone Maw• • • ► • • : • i , • i 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 April 1, 2016 Vido Samarzich, Inc 4972 Crestview PI Alta Loma, CA 91701 RE FY 15/16 Curb Access Ramp Installation Project, Various Locations — CC-1529 Enclosed please find your original bid bond for CC-1529 Sincerely, Joan L Flynn, CMC City Clerk J F pe Enclosure Sister Cities Anjo, Japan ♦ Waitakere, New Zealand i".&-,di.{ V LU 2016 JAN -7 AN1 II: 19 CITY CUR .;T Vido Samarzich Inc. 4972 Crestview Place Alta Loma Ca 91701 Bid To The City Of Huntington Beach January 7, 2016 2 P.M. 2000 Main Street Huntington Beach Ca 92648 CURB RAMP INSTALLATION PROJECT CITY CLERK 2ND FLOOR Vido Samarzich Inc 626-332-8021 p 1 CONTRACT DOCUMENTS SPECIFICATIONS ATO, STANDARD DRAWINGS for the construction of FY 15/16 CURB ACCESS'RAMP INSTALLATION PROJECT from VARIOUS LOCATIONS CC No. 1529 in the CITY OF HUNTINGTON BEACH .� 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714)536-5431 BIDS DUE: Thursday, January 7, 2016 2:00 P.M., 2nd FLOOR 04, Clerk's Office TRAVIS K. HOPKINS, DIRECTOR DEPARTMENT OF PUBLIC WORKS Vido Samarzich Inc 626-332-8021 p 2 SECTION C PROPOSAL for the construction of FY 15116 CURB ACCESS RAMP INSTALLATION PROJECT from VARIOUS LOCATIONS CC No 1529 in the CITY OF HUNTINGTON BE ACH 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 undeisigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed BIDDER declares that this proposal is based upon careful examination of the work site, plans. specifications. Instructions to Bidders and all other contract documents. If this proposal is accepted for award. BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties. fees, etc., and will be guaranteed for a period of sixty days from the bid opening date If at such time the contract is not awarded the AGENCY will reject all bids and will readvertise the project In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts. and words shall govern over figures C-1 Vido Samarzich Inc 626-332-8021 p 3 If awarded the Contract, the undersigned agrees that in the erent 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 f31 DDEg3 Q OAID in the amount of / 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 for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable Bidder shall signify receipt of all Addenda here, if any Addenda No. Date Received Bidder's Signature C-2 Vido Samarzich Inc 626-332-8621 p 4 SECTION C PROJECT BID SCHEDULE A FP 15116 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 BID ITEMS Item Description Quanbh y Unit Unit Cost Total Cost No. (Extension) Construct Curb Access Ramp per Caltrans Sid Plan A88A from BCR to ECR as shown on Curb Ramp Detail 1 in 1 Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes retaining curb, slot pave, etc ) 39 EA $ 0.00 $14 210' r7 Construct Curb Access Ramp per Caltrans Sid Plan A88A from BCR to ECR using horizontal curb cutting machine as 2 shown on Curb Ramp Detail 2 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, etc.) 30 EA $33oo•00 Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 3 shown on Curb Ramp Detail 3 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb dowels, sidewalk, domes, retaining curb, etc) 6 EA $3000 $�� SUB -TOTAL BID AMOUNT — SCHEDULE A SUB -TOTAL BID AMOUNT IN WORDS 7VO Hu CREED 'FORn SEVfIll J" #Q VIAND EWE "011PO FD JNU Note All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid Items C-2 1 Vido Samarzich Inc 626-332-8021 p 5 SECTION C PROJECT BID SCHEDULE B FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 BID ITEMS Item No. Description Quantity Unit Unit Cost Total Cost _ (Extension) Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR as shown on Curb Ramp Detail 1 in 1 Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, slot pave, etc) 8 EA $33ao.o� $ yD0'4 Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 2 shown on Curb Ramp Detail 2 in Appendix K of Specifications (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, etc) 15 EA $,��� $ 5�0•�0 Construct Curb Access Ramp per Caltrans Std Plan A88A from BCR to ECR using horizontal curb cutting machine as 3 shown on Curb Ramp Detail 3 in Appendm K of Specifications (Item includes all appurtenances curb & gutter, depressed curb, dowels sidewalk, domes, retaining curb, etc) 8 EA $ .� $ Z6, 010.0Q 4 Install truncated domes to existing Curb Ramp 6 EA $• ob $ , 8 SUB -TOTAL BID AMOUNT — SCHEDULE B $ SUB -TOTAL BID AMOUNT IN WORDS TR O VS 8 N iD -t H REE f4 U N DRED e L BA RS Nate All extensions of unit lances will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.2 Vido Samarzich Inc 626-332-8021 p 6 SECTION C PROJECT BID SCHEDULE TOTALS FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT CC-1529 Sub -Total Bid Schedule A .y ? 500- 0 0 Sub -Total Bid Schedule B %05300. Oa 2 04'. 6a TOTAL BID AMOUNT, BASIS OF AWARD (Schedules A-B) . a V TOTAL BID AMOUNT IN WORDS Dt9 SCAR S _ Notes All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owrier reserves the right to reject any or all proposals and bid items C-23 Vido Samarzich Inc 626-332-8021 p 7 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, whichei-er is breater, and the portion of the work to be done by such subcontractor Bid Item(s) Name and Address of Subcontractor State License Number Class DIR Number Dollar Amount % of Contract By submission of this proposal, the Bidder certifies: I. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 Vido Samarzich Inc 626-332-8021 p 8 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on �, at/a t_Da,A �A Date City ,State SAntARZKY being first duly sworn, deposes and says that he or she is PRESIMBI of VIDo SAMRRZJ I W- 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 a ith 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, of 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/Do 9AmARV(J1 /g Name of Bidder Signature of Bidder y972- C05SMAd )D1- AQA 1-610A CA- 91701 Address of Bidder C-4 Vido Samarzich Inc 626-332-8021 p 9 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen The undersigned heteby promises and agrees that in the performance of the work specified in the contract, known as the FY 15/16 CURB ACCESS RAMP INSTALLATION PROJECT, (1)(we)(ii) 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: .4 person x ho by reason of experrence or instruction, is farnrhar tii,rth the operation to be performed and the ha.:ards 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 Uttiitt 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:CT {i rp, X 0 4 C-5 Contractor j,o� By 1 Vido Samarzich Inc 626-332-8021 p 10 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury. the follo%N ing 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 Ly No If the answer is yes, explaLn the circumstances in the space provided Note: This questionnaire constitutes a part of the Proposal, and a signature port►on of the Proposal shall constitute signature of this questionnaire C-6 Vido Samarzich Inc 626-332-8021 p 11 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 r 1 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 eY'y'N C-7 /�F-� Title Vido Samarzich Inc 626-332-8021 p 12 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct V/ o s 1n A2zaC H INC Bidder Name q97?- C RFS7Vl E 0 Business Address AL-7A L©j.-,A CR 9774 City, State Zip (Eel) 9 S7637 7 Tel phone Number , - State Contractor's License No and Class /98z. Original Date Issued / 2/3l Expiration Date The work site was inspected byVaJ n SA&)QP ,O of our office on The following are persons, firms, and corporations having a principal interest in this proposal VID O �Shcynd9R2/r q �/iAo c. s�,piaevc � P_ The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability. financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth , �,,, Signature of Bidder yi pn Amkz/ Printed or Typed Signature ELIZABETH A BAKER Subscribed and sworn to before me this day 20]_ COMM #2059344 Rpp �j Notary Public - Californiaj CO SAN BERNARDINO COUNTY-0- M Comm Ex Mar 27, 2018 NOTARY PUBLIC NOTARY SEAL C-8 Vido Samarzich Inc 626-332-8021 p 13 Bidder's Project History For the purposes of this project, the bidder shall provide prolect history of similar work. specifically referencing the construction of {Describe specific work and experience necessary for project For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and $treater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets an area containing high ground water and pipeline construction in high around water regions with trench depths of 8-feet to the invert."} Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: C c[y o f 2NALEWO 0 D Name and Address of Public Agency Name and Telephone No of Project Manager MR NyuYEN WOW 3�D 5(/z8 7M q5Q ono- o o Cd NC VE 20%S Contract Amount Type of Wort. Date Completed Provide additional project description to show similar work 2 c rry o -4 S D t r-h MS -A -DEN P Name and Address of Public Agency Name and Telephone No of Project Manager MR -s N-Z IOGRFF4 6?- 7TRZR61) � /V ,000.00 a Nf as, A • C. Z Dg Contract Amount Type of Work Date Completed Provide additional project description to show similar work 3 Cal 04 MANNAT7Ald BZNd Name and Address of Public Agency Dame and Telephone No, of Project Manager. j%_V lit 1' SC1-ir- �� io9 3%A0 Z 75 D WATR mise- corlfl m zo / Contract Amount Type of Work Date Completed Provide additional project description to show similar work C-9 Vido Samarzich Inc 626-332-8021 p 14 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 y1y0 t. -5,4fnAR'Z/C01l Name of proposed Project Manager p Z7—/ Telephone No of proposed Project Manager: �s 9� 6 1 C nY 44 IM PMO D CoA(ATF- zo / S- Project Name & Contract Amount Type of Work Date Completed C rt`r a+ IMAM 4 C ognTE zD / s Project Name & Contract Amount Type of Work Date Completed i C fTT o4 OrN9 b L WHOM- X o /.— Project Name & Contract Amount Type of Work Date Completed 2 V IDQ Name of proposed Superintendent Telephone No of proposed Superintendent c rrr o 4 soo4h jr-4wegla Co d A - C_ zd I Project Name & Contract Amount Type of Worms k Date Completed ' MY Project Name & Contract Amount Type of �Vork �— Date Completed ,t r C4 X.O. cc'J cRrrT— al Project Name & Contract Amount Type of Work Date Completed C-10 Vido Samarzich Inc 626-332-8021 p 15 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771 1(a)), passed by the Calimi ma State Senate on June 20. 2014. established a new public vxorks Contractor Registration Piogram which requires all contractors and subcontractors bidding and performing «ork on Public Wotks Project; to register on an annual basiN (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR) Currently the annual non-lcfuadable registration fee for Contractors is $300 Each contractor to whom a public Nvoiks contract has been awarded shall sign the tollovving certificate DIR FACT SI IEET on SB S54 http./iwww dir ca gov/DI.St-/Publicll'oiks/B854FactSheet_6 30.14 poi' D[R's Contractor Registration Link — Call (844) �212-6734 htlps /iei i ling dir ca.gov/PWC 1t,' �ctionSet vlet°action=display PWCRegisuationPorin DIR"s Contractor Re€isttation searchable daiahase- https //etilint du ca eov PWCR/SearLh action I ain mvaie and w ill comply vti ith the provtsion,, of tabor Code Sec.tiun 1771 I(a) which states A contractor or subcontractor shall not be qualtfied to bid on. be listed ma bid proposal. sublec,t to the requirements of Section 4104 of the Public Contract Code, or engage in the perl'onnance of any contract for public work. as defined in this chapter. unless currently recisteted and qualified to perform public "ork puisuant to Section 1725 5 It is not a violation of this section for an unregisteied contractor to submit a bid that is authorized b� Section 7029 1 of the Business and Professions Code or by Section 10164 or 20103 5 of the Public Contract Code, provided the contractor is registeied to perform public work putsuant to Section 1725 5 at the time the contract i5 awarded'' 1 lurthei nwic will comply by providing proof of registration with DIR as the primary contractor as well as ibi AI I, subeonti aLtoi s at the time of Subiluttutg the bid \//,DO SAMA49z/q Contractot � tc "1"rile Datc zAh 6 Z Li DIRT /p6t�br3Z�3 C-11 Vido Samarzich Inc 626-332-8021 p 16 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 ow er, partner, director; officer; or manager (imtral the applicable selections) Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 ofCFR 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 Wl20 SA14Af,Z/01 9t�f( Contact Person Vi 1'�3 SA nM i4gW 04 Contact Phone °J'6 4S 76 3 7 Signed Date1y���y *Vote The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et ao and must be submitted by the bidders and proposed sub -contractors only to 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-12 FIDELITY AND DEPOSIT COMPANY OF MARYLAND BOND NO: VIDSA-1682 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, VIDO SAMARZICH, INC., (hereinafter called the Principal), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation organized and doing business under and by virtue of the laws of the State of MARYLAND, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars (10% OF THE BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for the CURB RAMP PROJECT, 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 5 TH day of JANUARY, 2016. M 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 January 5th, 2016 before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared RANDY SPOHN ® who proved to me on the basis of satisfactory evidence to be the person(-S) whose names} is/are subscribed to the within instrument and acknowledged to me that he/slie/t" executed the same in his/1ef/# ew authorized capacity (-tee}, and that by his/1ef/thetf signature(} on the instrument the person{}, or the entity upon, behalf of which the person(-) acted, executed the instrument. ��ERIKAGUIDO COMM # 2022671 � Q NOTARY PUBLIC CALIFORNIA N 2 ORANGE COUNTY QI Mcomm expires May 5,2017J 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. (I' re 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