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HomeMy WebLinkAboutHarry H. Joh Construction, Inc. - 2017-08-07RECEIVED BDY/ CITY CLERK RECEIPT COPY �.�✓ Return DUPLICATE to City Clerk's Office (Name) �'r after signing/dating �I= (Date) J , CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for fil, dam"yi f �.u�` (f (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. Approved (Council Approval bate) CC No. Agenda Item No. MSC No. City Clerk Vault No.�. Other No. SIRE System ID No.� �i r g1forms/bond transmittal to treasurer DATE: TO: FROM: SUBJECT: CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION 5/10/2018 THOSE LISTED HEREON John Griffin, PW Contract Administrator Retention Release Payment - PO #23525 OJ Supplier #101211 Co. #308 1st & Atlanta Parking Lot, Project # CC 1395 Contractor's Name: Harry H. Joh Construction, Inc. Address: 7303 Somerset Blvd. City, State and Zip Code: Paramount, CA 90723 Phone Number: 562 630-3348 City Business License Number: A 289997 Notice of Completion (Date by City Clerk): 1/5/2018 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. 62 b I ZO Date I certify that there are no outstanding invoices on file. Date Travis K. Hdpkins, Director of Public Works Zacks, 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. 12 ,,2U/g D to Robin Estanislau, City Clerk &/W�8�-* 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 Document-4631800-Page-1 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder III II Iilll IIIII II 111 I IIII I I II NO FEE PLEASE COMPLETE THIS INFORMATION *$ R 0 0 0 9 8 1 3 2 9 8$ RECORDING REQUESTED BY: , 2018000005753 3:12 pm 01105118 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT John Griffin P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 7 405 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.00 0.00 NOTICE OF COMPLETION FOR RECORDER'S USE ONLY 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 Harry H. Joh Construction, Inc., who was the company thereon for doing the following work to - wit: 1st & Atlanta Parking Lot, Project # CC 1395 That said work was completed 01/05/2018 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 01/05/2018, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Old Republic Surety 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 27383 and should be recorded free of charge. Dir— e��r of PubtIFWorV4 or City Engineer 10at6 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. 1 have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. This document is solely the official business of the City of Huntington Beach, as contemplated 42 under Government Code section 27383 and Dire&or of Pu ork or City Engineer Da should be recorded free of charoe. City of Huntington Beach, California THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) about:blank 1/5/2018 ISSUED IN TWO (2) ORIGINAL COUNTERPARTS BOND NUMBER WCN-2528018 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That HARRY H. JOH CONSTRUCTION, INC. (contractor's name) 7303 SOMERSET BLVD. PARAMOUNT, CA 90723 (contractor's street address, city and state and zip code) as Principal (hereinafter called Contractor), and: OLD REPUBLIC SURETY COMPANY (surety's name) 14728 PIPELINE AVE. #E, CHINO HILLS, CA 91709 (surety's street address, city and state and zip code) a corporation organized and existing under the laws of the State of WISCONSIN with its principal office in the City of MILWAUKEE as Surety (hereinafter called Surety), are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of FOUR HUNDRED SEVENTY SEVEN Dollars ($ 477,904.93 ), equivalent to the entire contract amount including all orders, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, THOUSAND NINE HUNDRED FOUR 93/100 WHEREAS, Surety is a duly admitted surety insurer under the laws of the State of California; and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and able to provide proof of bonding limitation shown in said circular is sufficient to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody's, Standard & Poor's, to validate that Surety has positive ratings of being secure or stable; and Surety is registered and listed with the California Department of Insurance; and Contractor has by written agreement dated AUG. 7TH 2O17 , entered into a contract with Owner for the 1ST & ATLANTA PARKING LOT, PROJECT #CC 1395 in accordance with drawings and specifications prepared by City of Huntington Beach which contract is by reference made a part hereof (hereinafter referred to as the Contract); and The Contract provides that the principal will guarantee, for a period of one year, the work performed as part of the Contract from and against all defects in materials and workmanship; and The Contract also provides that the Contractor shall secure Contractor's obligations during the one-year period with a bond executed by a surety duly admitted In the state of California; and The Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be JANUARY5TH , 2018 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shall be null and void; otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within thirty (30) days following Owner's written notice of default., either: (a) remedy the default, or (b) shall promptly complete the Contract in accordance with its terms and conditions. Surety shall save the Owner harmless from any claims, judgments, liens or losses arising from the Surety's failure to either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner. 15-4584/119133 1 Whenever the Principal shall be, and declared by the Owner to be in default under the Contract, which shall include without limitation, any breach or default of the Contract, then, after written notice from the Owner to the Surety, as provided for below, the Surety shall either: (a) remedy the default or breach by the Principal; or (b) shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal, at its own expense, and make available as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder, provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner, Within thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, it shall be the duty of the Surety to give to the Owner a notice, in writing, of the Surely', - election to (a) remedy the default(s) of the Principal promptly, or (b) arrange for performance of the Contract promptly by a contractor other than the Principal, time being of essence to this Bond. In said Notice of Election, the Surety shall state the date of commencement of its cure or remedy of the Principal's default(s) or its performance of the Contract. The Surety's obligations for cure or remedy, include but are not limited to: correction of defective work and completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to act, and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance by the Principal). The Surety shall give prompt written notice to the Owner upon completlon of the cure or remedy of the Principal's default(s) of its pelfiormance of the Contract. If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's default(s) of its performance of the Work within thirty (30) days after receipt of a written notice from Owner, Surety shall be deemed to be in default on this bond, and the Owner shall be entitled to enforce any remedy available to Owner, No right of action shall accrue on this bond to or for the use of any person or corporation other than the owner named herein or the successors of Owner. Signed and sealed this 17TH day of MAY Principal Raised Corporate Seal [MUST BE AFFIXED] Principal Raised Corporate Seal [MUST BE AFFIXED] NOTES: 1. Acknowledgments must be completed and returned as part of the bond. 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. 15-4594/118138 2018 HARRY H. JOH CONSTRUCTION, INC. (Contractor Name) By: (Seal) Harry Joh President (Title) OLD REPUBLIC SURETY Cf�PANY (Surety N4\ Philip E. Vega, APPROVED AS_.TO-ORM...- v ,Michael E. Gates, City Attorney * OLD REPUBLIC SURETY COMPANY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 r-- r r• r•i-i-• r ,ter-• r-^rr�r. •�•w. '� �^ .i'•v` •r` 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 MAY 17 2018 Date before me, KEVIN EDWARD VEGA, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared PHILIP E. VEGA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 4 R KEVIN EDWARD VEGA _\ • Notary Public -California z ® Los Angeles County Z Z 8' Commission # 2151113 D My Comm. Expires Apr 29, 2020 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 offici seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ 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: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 9 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: CC-1395 Project: 1 st & Atlanta Parking Lot, Project #CC 1395 The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this Twenty First (21th)day of May , 20 18 , at Paramount / LA County California. Harry H. Joh Construction, Inc. X -?� <,?(- (Contractor Name) APPROVED JO FORM Mid- ael E. Gates City Attorney 1 • • I, Harry H. Joh (Name of Declarant) state and certify that: Harry H. Joh Construction, Inc. is the general contractor to the City of Huntington Beach ("City") on Contract No. CC-1395 (the "Contract") for the construction of the public work of improvement entitled: 1 st & Atlanta Parking Lot, Project #CC 1395 (the "Project") 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Paramount / LA County on this 21th day of May 120 18 Harry H. Joh X_ (Signature of Declarant) APPROVED AS - ORM s` r Michae T. Gates City,Attorney 1 11 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: CC-1395 Project: 1 st & Atlanta Parking Lot, Project #CC 1395 The undersigned contractor on the above -referenced project ("Project') hereby certifies that it has complied with title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this Twenty Fist (21th)day, of May , 20 18 , at Paramount / LA County California. Harry H. Joh Construction, Inc. X (Contractor Name) APPROVED Bv: Michael E. Gates Cit Attorney 1 ISSUED IN TWO (2) ORIGINAL COUNTERPART OWNER ❑ CONSENT OF SURETY ARCHITECT ❑ FINAL PAYMENT CONTRACTOR ❑ �TO cnforrins with the American Institute of SURETY ❑ Architects, AIA Document G707 OTHER ❑ I'0 OWN Elz. ARCHITEC'I"S PROJECT NO.: (n4,.,ie „ar/ "el, I, —) CITY OF HUNTINGTON BEACH 2000 MAIN ST., P.O. BOX 190 CONTRACT FOR. PARKING LOT PROJECT HUNTINGTON BEACH, CA 92648 PROJECT: CONTRACT DATED:08/07/2017 (Neime and urldr•ess) 1ST & ATLANTA PARKING LOT, PROJECT #CC 1395 In uccordwlcc with the provisions ot'the Contract between the Owner and the Contractor as indicated above, the (h+s•erl name and ndclless uf'Snrety) OLD REPUBLIC SURETY COMPANY 534 E. BADILLO ST. COVINA, CA 91723 , SURETY, un bond of (lnserl Bailie and uddrrss u/'C:un 'uctuly HARRY H. JOH CONSTRUCTION, INC. 7303 SOMERSET BLVD. PARAMOUNT, CA 90723 , CONTRACTOR, hereby approves ol'thc linul payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety ol'uny nl' ils obliptiuns to (hrst•rl urnmr curl urldi-ess a/'Uwrlrr) CITY OF HUNTINGTION BEACH 2000 MAIN ST., P.O. BOX 190 HUNTINGTON BEACH, CA 92648 , OWNER, Lis set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date:: MAY 17TH, 2018 (lnserr in m iiing the mundr fuIto wed 6v the muneric• dote and yenr.) OLD REPUBLIC SURETY COMPANY (Surely) e (5ignn ur rre of ize represunlet live) Attest: (Seal): • PHILIP E. VEGA, ATTORNEY -in -FACT (Printed name and title) S-21341GEEF 10/01 FRP OLDREPUBLIC SURETY COMPANY * *'� POWER OF ATTORNEY NOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: BRITTON CHRISTIANSEN, MYRNA SMITH, PHILIP VEGA, KEVIN VEGA, OF COVINA, CA mpany as surety, to;,execute and deliver ns in the nature thereof, (other than bail note guaranty bonds, self-insurance workers :ardous waste remediation bonds or black lung IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 8TH day of MARCH, 2018. OLD REPUBLIC SURETY COMPANY J! Arr CO00+41f -- ®' SEAL"' Msistyl�t STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS '"'A President 74-0061y suaq } Signed and sealed at the City of Brookfield, WI this day of -Of It . V SEAL i u � C & D BONDING &INSURANCE 0 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 LOS ANGELES ) On MAY 17 2018 before me, KEVIN EDWARD VEGA NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared PHILIP E. VEGA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KEVIN EDWARD VEGA i Notary Public California z Los Angeles County D Signature Z,h;o z - Commission # 2151113 Signature of Notary Public My Comm. Expires Apr 29, 2020 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 11 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: ©2014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 RECEIVED BY: (Name) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk p DATE: 0. SUBJECT: Bond Acceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. MSC No. Other No. g1forms/bond transmittal to treasurer " / (Company Name) Approved 0 (Council Approval ate) Agenda Item No. / City Clerk Vault No. S0 SIRE System ID No. 3D3"'t Document-4631800-Page-1 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II II II IIIII II 1111111111111NO FEE PLEASE COMPLETE THIS INFORMATION $ R 0 0 0 9 8 1 3 2 9 8$ RECORDING REQUESTED BY: 2018000005753 3'12 pm 01/05/18 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT John Griffin P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 7 405 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Harry H. Joh Construction, Inc., who was the company thereon for doing the following work to - wit: 1st & Atlanta Parking Lot, Project # CC 1395 That said work was completed 01/05/2018 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 01/05/2018, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Old Republic Surety 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 27383 and should be recorded free of charge. 'Z' Direc or of Pubtf—c\?VoFR or City Engineer Dat City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and Correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. This document is solely the official business of the City of Huntington Beach, as contemplated s /8 under Government code section 27383 and Dire6Wr of Pu ork or City Engineer Da should be recorded free of charge. City of Huntington Beach, California THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) about:blank 1/5/2018 RECEIVED BY: E a (Name) (Date) �l y� 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: /7 SUBJECT: Bond Acceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other i Re: Tract No. CC No./7vr MSC No. Other No. g:/forms/bond transmittal to treasurer �/101-71 ( i)ry (Company Name) Approved �/- — -711-7 — (Council Approval Date) Agenda Item No. / City Clerk Vault No. SIRE System ID No. - 303 41q CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HARRY H. JOH CONSTRUCTION, INC. FOR THE 1 ST STREET AND ATLANTA PARKING LOT, CC-1395 THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Harry H. Joh Construction, Inc., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as 1st Street and Atlanta Parking Lot, CC-1395 in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: 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, 16-5195/11arry H. Job CC-]395 including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 16-5195/Harry H. Joh CC-1395 D. The edition of Standard Specifications ,for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5195/Harry H. Joh CC-]395 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Four Hundred Fifty -Four Thousand, Seven Hundred Twenty -Nine Dollars and Thirty -Nine Cents ($454,729.39), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within thirty (30) consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 4 16-5195/Harry H. Joh CC-1395 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 16-5195/Harry H. Joh CC-1395 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business 6 16-5195/Harry H. Joh CC-1395 licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500.00) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. 7 16-5195/Harry H. Joh CC-1395 Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. (1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 8 16-5195/Harr} H. Joh CC-1395 (b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes; (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW (or his or her written designee). All Demands shall be submitted promptly, but in no event later than thirty (30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand 9 16-5195/Harry H. Joh CC-1395 within fifteen (15) days after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer, in writing, either within fifteen (15) days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the 10 16-5195/Harry H. Joh CC- 1395 CONTRACTOR submits his or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such 11 16-5195/Harry H. Joh CC-1395 sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed 12 16-5195/Harry 14. Joh CC-1395 claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5195/Harry H. Joh CC-1395 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT -HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any 14 16-5195/Harry H. Joh CC-1395 one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. INDEMNIFICATION. DEFENSE. HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's 15 16-5195/Harry H. Joh CC-1395 property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY r1.1c1 1R e 1.1CP Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 16-5195/Harry H. Joh CC-1395 25. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above -mentioned insurance contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Five Thousand Dollars ($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/Ham, H. Joh CC-1395 26. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force; and 3. Promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction 18 16-5195/HaM, H. Joh CC-1395 which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 28. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29. 29. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by 19 16-5195/Harry H. Joh CC-1395 reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 31. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 33. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or 20 16-5195/Harry H. Joh CC-]395 expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 34. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: John Griffin, Public Works 2000 Main Street Huntington Beach, CA 92648 35. SECTION HEADINGS TO CONTRACTOR: Harry H. Joh Construction, Inc. 7303 Somerset Boulevard Paramount, CA 90723 The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 16-5195/Harry H. Joh CC-]395 36. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 37. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 38. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 39. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other 22 16-5195/Han, H. Joh CC-1395 whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 40. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 41. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 42. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 43. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 16-5195/14arry H. Joh CC-1395 45. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 16-5195/Harry H.Joh CC-1395 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on 2qjA4 a ST 07 , 2017. CONTRACTOR: By: Harry Joh (print name) ITS: Chainnan / 'resider / Vice -President (circle one) By AND Hyun S Joh rent name) ITS. Secretar / Chief Financial Officer Asst. Secretary / Treasurer (circle one) CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California LA A.-h AA;A /d'24m' 9-'.6 jA 71,0'j. ity Clerk is"� INITIATED AND APPROVED: --� Direct r of Public Works APPROVED: City Manager APPROVED AS-1VLORM: City Attorney 25 16-5195/1-larry H. Joh CC-1395 SECTION C PROPOSAL for the construction of PARKING LOT IMPROVEMENTS - 1 ST STREET & ATLANTA AVE. CC No. 1395 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefore, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 35 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will re -advertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. 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. C-1 PROJECT BID SCHEDULE Bid _ Contract : Unif Extended No ' bescripfion Quanti Und Price Amo?unt 1 Mobilization 1 LS $ 6,000.00 $ 6,000.00 2 SWPPP 1 LS $ 6,950.00 $ 6,950.00 3 TRAFFIC CONTROL 1 LS $ 15,425.00 $ 15,425.00 4 CLEARING, GRUBBING & UNCLASSIFIED EXCAVATION 1,300 Cy $ 69.67 $90,571.00 5 CONSTRUCT 6" CURB & GUTTER 655 LF $ 35.73 $23,403.15 6 CONSTRUCT 6' CURB 102 LF $ 72.50 $ 7,395.00 7 CONSTRUCT PCC SIDEWALK 335 SF $ 18.40 $6,164.00 8 CONSTRUCT PCC DRIVEWAY APPROACH 305 SF $ 31.90 $ 9,729.50 9 CONSTRUCT PARKWAY DRAIN 3 EA $ 6,374.70 $ 19,124.10 10 CONSTRUCT 3" SCH. 40 PVC DRAIN PIPE 69 LF $ 99.80 $6,886.20 11 CONSTRUCT 6" THICK AGRREGATE BASE 288 CY $ 101.40 $ 29,203.20 12 CONSTRUCT 3" THICK ASPHALT CONCRETE 292 TN $ 113.20 $ 33,054.40 13 CONSTRUCT 7' HIGH MASONARY BLOCK WALL 280 LF $ 161.71 $ 45,278.80 14 ADJUST WATER VALVE FRAME & COVER TO GRADE 1 EA $ 500.00 $ 500.00 15 ADJUST MANHOLE FRAME & COVER TO GRADE 1 EA $ 550.00 $ 550.00 16 INSTALL LANDSCAPE IRRIGATION 1 LS $ 35,324.00 $ 35,324.00 17 INSTALL LANDSCAPE PLANTINGS 1 LS $ 33,224.00 $ 33,224.00 18 INSTALL LANDSCAPE ROCK/BOULDERS 1 LS $ 32,424.00 $ 32,424.00 19 INSTALL SIGNS & STRIPING 1 LS $ 10,399.00 $ 10,399.00 20 INSTALL IMPROVEMENTS SHOWN ON LIGHTING PLAN 1 LS $ 43,124.00 $43,124.00 21 $ $ Total Amount Base Bid in Figures: $ 454,729.35 Four Hundred Fifty -Four Thousand Seven Hundred Twenty -Nine Dollars Total Amount Base Bid in Words: an.d.._Thirty,-Five_._ Cents____ C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of. State Class DIR Dollar % of Item(s) Subcontractor License Number Amount Contract: Number Hardy & Harper, Inc. #215952 A 100000007 74% #12 1312 E. Warner Avenue Santa Ana, Ca 92705 A,C12 Transamerica Landcape #654132 100002591 #16,17,18 1901 Pepperdale Drive 16.5% Rowland Heights, CA 91748 C27 On Point Land Surveying, Inc. 1910 Orange Tree Lane, Suite# 44 Redlands, Ca 92374 Cat Tracking, Inc. #991122 100001175 #19 2950 Rubidoux Boulevard 2.9% Riverside, Ca 92509 C32 KP Electric Co., Inc. 1000909 #1000050 10 #20 9.6% 8239 Henderson Green Buena Park, Ca 90621 C10 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 07/18/17 at HUNTINGTON BEACH I CA Date City State being first duly sworn, deposes and says that he or she is PRESIDENT of HARRY H. JOH CONSTRUCTION, INC. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. HARRY H. JOH CONSTRUCTION, INC. Name of Bidder Signature of Bidder 7303 SOMERSET BOULEVARD PARAMOUNT, CA 90723 Address of Bidder C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the PARKING LOT IMPROVEMENTS - 1ST STREET & ATLANTA AVE., (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: 07/18/2017 C-6 HARRY H. JOH CONSTRUCTION, INC. Contractor By PRESIDENT Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ttxo 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-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 07/18/2017 C-8 HARRY H. JOH CONSTRUCTION, INC. Contractor By PRESIDENT Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: HARRY H. JOH Bidder Name 7303 SOMERSET BOULEVARD Business Address PARAMOUNT, City, CALIFORNIA 90723 State Zip ( 562 ) 630-3348 pchoung@hjconst.com / harry@hjconst.com Telephone Number Email Address #469845 1 A, B, C16, C20, C33, C36, C10, & C39 State Contractor's License No. and Class APRIL 30, 1982 Original Date Issued APRIL 30, 2019 Expiration Date The work site was inspected by PAUL CHOUNG of our office on 07/13 , 2017. The following are persons, firms, and corporations having a principal interest in this proposal: HARRY H. JOH, PRESIDENT C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. HARRY H. JOH CONSTRUCTION, INC. Company Name Signature of Bidder HARRY H. JOH Printed or Typed Signature Subscribed and sworn to before me this 18th day of JULY 2017 . 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 JULY 18, 2017 Month. Day, and Year personally appeared before me, J•- o 6Gec-jc, OL'LZvwl lj.'bjli r- InsCJrt Name and Title of Notary of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(,) is/ate subscribed to the within instrument and acknowledged to me that he/she/thoy executed the same in his/-hef/+heir authorized capacity(4es), and that by his/htf4he4r signatureo on the instrument the person(,,'), or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. S ignature r�KYUNGR21196 K Commissi90 _ ® Notary Public - California z Or1111110e County My Comm. Mires Jul 16, 2019 Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-10 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of at least one project involving the installation/construction of a "ROMTEC" modular construction building. 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 Angeles County I Dept. of Public Works 1900 S. Fremont Ave., Alhambra, Ca 91803 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mr. Salim Sioufi @ 626-300-2361 $489,101.79 1 Parking Lot Rehabilitation w/ Ele. Lighting Fixtures 06/22/2017 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Remove. Dispose & Construct Earth/Grading, AC Pavement, Concrete Curb & Gutter, Landscape Sidewalk, & Traffic Control 2 Orange County Public Works A&E 11143 E. Fruit Street, Santa Ana, Ca 92701 Name and Address of Public Agency Mr. Randy Quillman, Project Manager III, @ 714-667-4935 Name and Telephone No. of Project Manager: $497,163.31 Ralph B. Clark Regional Park Rehabilitation w/ Utility 1 05/30/2016 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Remove & Reconstruct Existing Concrete Pad @ Concession, Restroom, & Utility Building 3 Internal Service Department I Los Angeles County 1 1100 N. Eastern Ave., LA, Ca 90063 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mr. Vera Rangel, Project Manager, @ 323-267-3108 $991,580.71 Replace Waste Water Treatment Plant 05/17/2016 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Side Demolition & Earth/Grading, Over -Excavation, AC Paving, PCC Sidewalk, Concrete Curb & Gutter Concrete Footing w/ Furnish New Chain Link Fence & Gates C-11 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1 PAUL CHOUNG Name of proposed Project Manager Telephone No. of proposed Project Manager: (0) 562-630-3348, x304 I (C) 949-390-0028 PACIFIC BLVD, IMPROVEMENT PROJECT STREET IMPROVEMENT FEB. 2017 $3.72 MILLION w/ LIGTING & ST. FURNITURES Project Name & Contract Amount Type of Work Date Completed EDSION ROW PARKING LOT IMPRO. PROJECT PARKING LOT w LIGHTINGS DEC. 2016 $1.54 MILLION Project Name & Contract Amount Type of Work Date Completed SEPTIC TANK REPALCEMENT @ ZUMA BEACH SITE DEVELOPMENT SEP. 2013 $2.20 MILLION Project Name & Contract Amount Type of Work Date Completed 2 YUN S. CHUNG Name of proposed Superintendent Telephone No. of proposed Superintendent: (C) 714-313-0909 PACIFIC BLVD. IMPROVEMENT PROJECT STREET IMPROVEMENT $3.72 MILLION w/ LIGHTINGS & ST. FURNITUES Project Name & Contract Amount Type of Work LAS FLORES PARK PROJECT @ COACHELLA SITE DEVELOPMENT $6.50 MILLION Project Name & Contract Amount Type of Work SKIRTBALL CENTER WIDNENING PROJECT SITE DEVELOPMENT $1.50 MILLION Project Name & Contract Amount Type of Work C-12 FEB. 2017 Date Completed SEP. 2012 Date Completed JUNE, 2011 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://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: 07/18/2017 DIR #: #1000001675 C-13 HARRY H. JOH CONSTRUCTION, INC. Contractor HARRY H. JOH 2� By PRESIDENT Title City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For I" & Atlanta Parking Lot CC NO. 1395 in the CITY OF HUNTINGTON BEACH July 13, 2017 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. SECTION C, Page C11, Bidders Project History Omit "ROMTEC" modular construction building from first paragraph. 2. IMPROVEMENT PLAN, Sheet 3 of 10 The Gas Valve called out on the plans is actually a Gas Co. Test Station, made of a Brooks Products Curb Valve Box with test wires inside. Contractor to reset the box/cover to new grade (approximately 18"). A picture of the test station is attached. Additional information on Sewer Manhole (SSMH) to be reset to new grade. There are approximately 42" of riser rings. The cover will need to be lowered approximately 17". The sewer line operates under gravity and not under pressure. 55 L.F. of existing wood fence will likely need to be removed in order to construct the new screen wall and cost should be included in bid. See attached revised drawing. Telephone Manhole to be protected in place. Provide one Utility Crossing Sleeve in new wall footing. 3. GRADING PLAN, Sheet 4 of 10 High point in parking lot has been adjusted in order to protect existing Telephone Manhole in place. Curb has also been adjusted to protect the manhole in place. TMH Vault is in close proximity to proposed wall footing. A Type 2 footing may be necessary in lieu of a Type 3 footing. See attached revised drawing. This is to acknowledge receipt and review of Addendum Number One, dated July 13, 2017. Harry H. Joh Construction, Inc. Harry H. Joh �- Company Name By 07/18/2017 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. EXISTING GAS COMPANY TEST STATION TO BE LOWERED APPROXIMATELY 18" PROP! C coFrt 6 \ 3 10 C ANGLE PT/BC M ` N 2187523.57 E 6025888.53 U ' \ PROP CF \ �'� G� CL �. \ �f L 8 6 PROP EG \ r 11 A TEL MIS _ ,`, VERI N \ C LOC 'C' G \ 6� ` \ GARAGE � \ SL H + 4 3 \6" \ v� \ LOC \ S N 41.08 TW 33.75 TF� - I I M) 10 MH ;{ L IIt+ tbJtT-' SCG SM I I I PALM i D TREES (2X)Ull I PALM I A TREES' LOCATE EXIST I 11 WATER LINE W I .. 1/ II C PAV 11 A-L I� � END WALL EA N 2157 42.40 E 6029826.38 I FACE OF WALL LOC 'E' , ( i 6 i a / p p \ .5Tc, 35. o2FS �... A! r)nYP1tA/ 44TC 35.02FS TMH MOD. DETAIL.. 5 TM (34.97 RIM) f TYPE 3 i `nPTinNAI WAI I F(»TINC, (5) TV nFTAII F) GRADING PLAN PARKING LOT IMPROVEMENT FIRST STREET Anln ATI ANTA A\/FNl IF D m z C n C7 SHEET NO. 4 OF PKWY DRAI EC 34.95 BOW 35.59 TC 34.23 FL 35.09 FL A/2 HIGH POINT I P ol N T /35.60 TC ........ . .. \- 35.10 FL P Y KW : :DRAIN 1 C) (334.71 TC) 3 0 L) LOW POINT S=0.627 (34.07±FL) r7,, 35.41 TC EC 31 TC 34.91 FL 35.35.21 TC LD 7 34.51 FL 34.71 FL 34.83 FL 35.51 TC o^% s�i R ��� t ac 35.01 FL BC 35.13 TC 35.51 TC Ln BC 34.53 FL LD/LOW 34.44 FL -3,9 ' I ' 1 f-L- 35.4 TC EC "N/ 34.95 FL 35.45 TC`- ) 34.95 FL 35.2 FS LD 34.60 FL LOW POINT 35.13 TC 34.53 FL SHEL' 3 2 TC 34.�� FL ­25 C ll C 3 75 FL 0HIG POINT . 35.29 HIGH PO T --HIGH POIN- 4.97 FS s R GARAGE SEE TJMH MOD. DETAIL 5 v"V 61 t ,\\ zi Accompanying this proposal of bid, find 10(ten) % of total bid amount in the amount of Bid Bond 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 #1 07/13/17_ I C-2 KNOW ALL MEN BY THESE PRESENTS, That we, HARRY H. JOH CONSTRUCTION, INC. as Principal, and OLD REPUBLIC SURETY COMPANY authorized to transact a general surety business in the State of bound unto CITY OF HUNTINGTON BEACH in the full and just sum of TEN PERCENT OF AMOUNT BID WISCONSIN BOND NO. BBSU a corporation as Surety, are held and firmly inafter called the Obligee) Dollars, ($ 10% ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly, and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for PARKING LOT IMPROVEMENTS - 1 ST STREET & ATLANTIC AVENUE NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 17TH HARRY H. JOH CONSTRUCTION, INC. Principal day of JULY 2017 YEAR OLD REPUBLIC SURETY COMPANY Surety By: PHILIP E. VEGA Attorney -in -Fact * * OLD REPUBLIC SURETY COMPANY ** * * * POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: , That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: BRITTON CHRISTIANSEN, MYRNA SMITH, PHILIP VEGA, KEVIN VEGA, OF COVINA, CA its true and lawful Attorney(s)-in-Fact, with full power and authority, not exceeding $50,000,000, for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees, of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows - ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED FIFTY MILLION DOLLARS ($50,000,000)-------------------------- FOR ANY SINGLE OBLIGATION and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attomeys-in-Fact, pursuant to these presents, are ratified and confirmed. This document is not valid unless printed on colored background and. is multi -colored. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of. Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorrieys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary. or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attomey-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required).by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of. the company may be affixed by facsimile 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 affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this ' . 27TH day of JUNE, 2017. ». OLD REPUBLIC SURETY COMPANY suit -4 s i �o�+�rurE Vv iL SEAL Seu It STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS y"'••. ""P\v President On this 27TH day of JUNE, 2017 personally came before me, Alan Pavlic and Jane emey to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority. of the board of directors of said corporation. LS04A, ?QYdy} .i IY /L.r Notary Public ue►� t My commission expires: 9/28/2018 CERTIFICATE (Expiration of notary commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 74-006I <"' ru. fF. Signed and sealed at the City of Brookfield, WI this �/ — day of u 1�, o20 . sua � � g' SEAL C & D BONDING & INSURANCE 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 LOS ANGELES q On before me, KEVIN EDWARD VEGA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared PHILIP E. VEGA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(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. KEVIN EDWARD VEGA Notary Public - California Los Angeles County i Z:-, a Z Commission # 2151113 D �`• My Comm Expires Apr 29, 2020 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 o1ficial seal. �— Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ 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 V z z � O I'D F- O i V � � Z O V 0 ry) N O rn Q V z D M � � -I "- C m CD, F— z LU LU cl:� a- =p = Q o Q � N Lr) _ } Q Nk Nk 2 V a ui m z 0 V z I— z D 2 LL 0 V ui DC 0 LL MC) AA C) LU LU 5a L DC a J D Q LU z ui 0 I- 0 z 0 C) LU J LU Q 0- CD O N 0 N 0 } J Z z LLJ 0- 0 Y \�/ Ll� LU _J V V LU LL O LU LL O LU H LIi rn m O w a LU LU a O O O N rL. x x c 4 n o -<O °D rn. r xi M '` rn 0 F— ww 2 a � Q LU O ~ � Q Q Lii O O-d 2 J F— Q LLJ LU Z Z cl:� Vcl:� uJ Q O a ACOR®P �� CERTIFICATE OF LIABILITY INSURANCE DATE (M MIDD/YYYY) 09/20/2017 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 ONTA T Mimi Lee NAME: AHONN Ext . (714) 676-4949 AID No): (714) 643-8898 Hangil Insurance Services E-MAIL ADDRESS: CP mimi c-insurance.com 4128 W Commonwealth Ave. #202 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: MT. HAWLEY INSURANCE COMPANY 37974 Fullerton CA 92833 INSURED INSURER B: TRAVELERS CASUALTY INS CO OF AMERICA 19046 INSURERC: HARRY H JOH CONSTRUCTION, INC. INSURER D : 7303 SOMERSET BLVD INSURER E: 1 INSURER F : PARAMOUNT CA 90723 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 ADDL INS SUBR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR DAMAGE TO RENTED PREMISES Ea occurrence s 50,000 MED EXP (Any one person) $ 1,000 PERSONAL & ADV INJURY 1 $ 1,000,000 A X X MGLO185594 10/09/2016 10/09/2017 AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE s 2,000,000 GEN'L X POLICY PRO- JECT LOC PRODUCTS - COMPIOP AGG s 2,000,000 DEDUCTBLE $ 0 OTHER AUTOMOBILE LIABILITY COEaMBINED acadentSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO B ALL OWNED SCHEDULED AUTOS AUTOS X X BA-6H356735 10/16/2016 10/16/2017 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per acadent $ �/ NON -OWNED X HIRED AUTOS u AUTOS $ X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 A EXCESS LAB CLAIMS -MADE MXL0420823 10/09/2016 10/09/2017 DED RETENTION $ PR/COMP OPS AGG s 5,000,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE PER OTH- STATUTE ER E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED' ❑ N I A (Mandatory in NH) E L DISEASE - EA EMPLOYEE $ f yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $ INLAND MARINE - $200,000 MAX PER ITEM B RENTED/LEASED EQUIPMENT QT-660-8F006230 04/13/2017 04/13/2018 DEDUCTIBLE $2,500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: CC-1395 1ST AND ATLANTA PARKING LOT IMPROVEMENT PROJECT CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED AS RESPECTS GENERAL AND AUTO LIABILITY, AND THIS INSURANCE IS PRIMARY AND NONCONTRIBUTORY WITH ANY OTHER INSURANCE OF THE ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT, PER ATTACHED ENDORSEMENT(S), SHOULD ANY POLICY BE CANCELLED BEFORE THE EXPIRATION DATE, HANGIL INSURANCE SERVICES WILL MAIL 30(THIRTY) DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDE iICH REQUIRE SUCH ACTION PER WRITTEN CONTRACT OR AGREEMENT, EXCEPT 10 CERTIFICATE HOLDER CANCELLATION B CHAEL E. GATES CITY ATTORNEY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF HUNTII 80"NGTON BEACH 2000 MAIN ST AUTHORIZED REPRESENTATIVE HUNTINGTON BEACH CA 92648 �_�_� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: ,a o ADDITIONAL REMARKS SCHEDULE Page of AGENCY Hangll Insurance Services NAMED INSURED HARRY H JOH CONSTRUCTION, INC. POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: AUUI I1UNAL KtIVIAKI%J THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM. AcnRn ini i2nnainii © 2008 ACORD CORPORATION. All riahts reserved. The ACORD name and logo are registered marks of ACORD Policy Number: MGLO185594 Mt. Hawley Insurance Company 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 Organization(s): Location(s) Of Covered Operations: All persons or organizations where required by written contract. CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR RE: CC-1395 1ST AND ATLANTA PARKING LOT IMPROVEMENT APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS PROJECT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(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 B 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 not be broader than that which you are required by the contract or agreement to provide for such additional insured. 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 re- pairs) to be performed by or on behalf of the addi- tional insured(s) at the location of the covered operations has been completed; or 1. The insurance afforded to such additional insured 2. That portion of "your work" out of which the injury only applies to the extent permitted by law; and or damage arises has been put to its intended use by any person or organization other than another 2. If coverage provided to the additional insured is contractor or subcontractor engaged in performing required by a contract or agreement, the in- operations for a principal as a part of the same surance afforded to such additional insured will project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 Insured 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. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 Insured Policy Number: MGLO185594 Mt. Hawley Insurance Company 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 Organization(s) Location and Description of Completed Operations All persons or organizations where required by written contract. CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR RE: CC-1395 1ST AND ATLANTA PARKING LOT IMPROVEMENT APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS PROJECT 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" or "property dam- age" 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 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 re- quired 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. 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- This endorsement shall not increase the applicable ante afforded to such additional insured will not Limits of Insurance shown in the Declarations. not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Insured Named Insured: Harry H Joh Construction Inc Insuring Company: Policy Number: BA-6H356735 Travelers Casualty Insurance Company of America Policy Period: 10/16/16 to 10/16/17 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in an "em- ployee's" name, with your permission, while H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: CA T4 20 02 15 ® 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services office, Inc. vAth its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto' you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for 'loss" to any one "auto" that you hire, rent or borrow is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto'. (5) This Coverage Extension does not apply to: (a) Any "auto' that is hired, rented or bor- rowed with a driver; or (b) Any "auto' that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT —INCREASED LIMIT Paragraph C.1.b. of SECTION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE —GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto' will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured'; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto'. No deductibles apply to Personal Property cover- age. Page 2 of 3 ® 2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. K. L. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor, (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 02 15 0 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy Number: MGLO185594 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: All persons or organizations where required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 Insured Policy Number: MGLO185594 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All projects as required by written contract. General Aggregate Capped At: $N/A Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construc- tion project shown in the Schedule above: 1. A separate Designated Construction Project Gen- eral Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed op- erations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under Coverage A for dam- ages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated con- struction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggre- gate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Oc- currence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obli- gated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to on- going operations at a single designated construction project shown in the Schedule above: CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 Insured 1. Any payments made under Coverage A for dam- D. If the applicable designated construction project has ages or under Coverage C for medical expenses been abandoned, delayed, or abandoned and then shall reduce the amount available under the restarted, or if the authorized contracting parties devi- General Aggregate Limit or the Products- ate from plans, blueprints, designs, specifications or completed Operations Aggregate Limit, whichever timetables, the project will still be deemed to be the is applicable; and same construction project. 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard" will reduce the Products -completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 2 of 2 Insured Policy Number: MGL0185594 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition (2) You have agreed in writing in a contract or agree - and supersedes any provision to the contrary: ment that this insurance would be primary and would not seek contribution from any other in - Primary And Noncontributory Insurance surance available to the additional insured. This insurance is primary to and will not seek con- tribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Insured Named Insured: Harry H Joh Construction Inc Insuring Company: Policy Number: BA-61­1356735 Travelers Casualty Insurance Company of America Policy Period: 10/16/16 to 10/16/17 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. •1 ,1111• • This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS —INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section It. B. EMPLOYEE HIRED AUTO H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 1. The following is added to Paragraph A.1., However, any "auto" that is leased, hired, Who Is An Insured, of SECTION II — COV- rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II — COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 OO 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't awn, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The fallowing replaces Paragraph A.2.a.(2) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The fallowing replaces Paragraph A.2.a.(4) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The fallowing replaces Paragraph C.I. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The fallowing is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an awned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the fallowing: (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any awned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The fallowing replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto' of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT —INCREASED LIMIT Paragraph C.1.b. of SECTION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The fallowing is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The fallowing is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover- age. Page 2 of 3 ® 2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office. Inc. with its permission. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss'; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 02 15 0 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM:Harry H. Joh Construction Inca PROJECT; 1st & Atlanta Parking Lot, CC-1395 (Contractor Name) 7303 Somerset Blvd. (Street Address) Paramount, CA 90723 (City, State and Zip) TO: CITY OF HUNTINGTON BEACH Attached hereto is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorsement CG 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach (City') and the above -named Contractor ( Contractor") for the above -described project ("Project'). I declare under penalty of perjury under the laws of the State of California that the above statement Is true and correct. Signed on _August 31 st _._a 2ol 7 at Paramount , CA (Date) (City, State) (Signature of Individual Who is Making Declaration) NTERIV.117-1m, Contractor hereby warrants and agrees to maintain Products and Completed Operations Insurance in compliance with the Insurance requirements of the Contract for the Project, Said insurance shall be maintained through and until the expiration of all Warranties provided by Contractor, Said insurance shall contain Additional Insured Endorsement CG 2010 1185, naming City as an additional insured. Contactor shall supply to City, on at least an annual basis, a Certificate of Insurance and the aforementioned Endorsement evidencing continued coverage which meets the Contract requirements. Signed on August 31st , 2017 at Paramount, CA _ (Date) (City, State) CONTRACTOR: Name: Harry H. Joh Construction Inc. Name:__Harry Joh 217621.2 RECEIVED BY: (Name) (Date) TO: FROM: DATE: SUBJECT CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION City Treasurer City Clerk Bond Acceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. 7 r MSC No. Other No. g:/forms/bond transmittal to treasurer (Company Name) Approved ' 7 - / / (Council Approval Date) Agenda Item No. City Clerk Vault No. SIRE System ID No. ��� EXECUTED IN ONE (1) ORIGINAL BOND NUMBER: WCN2528018 COUNTERPART PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereafter referred to as 'City") has awarded tu.�_ HARRY H. JOH CONSTRUCTION, INC. ___------- - s of Contractor) (iierernafter referred to as 'Principal"), a contract ('Contract') for the work described as follows: AT ANTA PARK_NG (Project WHEREAS. Principal is required under the tenrs of the Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers, rnecta�rnict,, m aierialmen, and other persons as provided by taw, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety"): and Surety is certified and listed in the U.S. Depariment of the Treasury Circular 570. and has provided proof of sufficient banding limitation, as shown in said circular to provide b4onds in the amount required by said Contract: and Surety has provided frnarl6al 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. tv+OW THEREFORE, we, the undersigned Principal, and OLD REPUBLIC SURETY C-QMeANY 5-3 EAST BAnll LOLSTRE COV I NA-.CA—aV-23__ (name and address of Surety) as Surety, are held and firmly bound unto City in the penal sum of FOUR HUNDRED FIFTY FOUR HOUSANsSEVEN HURDSED ME.N-T-Y-N N1= 4 ID 2W100 _ dollars ($ his amount being not less than one hundred percent (100%) of the lolal price set forth in the Contract, in lawful money of the United Stales of America, for the payr ienl of which sure, well and Uuly 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'il-IIS 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 per,crmance 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 arncwnt not exceeding the penal sure specified in this bond; otherwise, this obligation shall be null and void. Ttiis bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. in case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's tee in an amount fixed by the court. Page I of 2 0-,,564/1173 ' PAYMENT BOND Surety stipulates and agrees, for value received, that no change, extension of lirne, alteration, addition or modification Io 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, thu contract documents or the work (hereunder. Surely also waives the provisions of Caidornia Civil Code §§ 2845 and 2849, IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duty 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: AUGUST 28, 2017 ATTEST HARRY-HJ..OJ_l._C_QUSTR.UC-TION, INC. (Corporate Seal) (Prin cip al Name) By: AITESi (Corporate Seal) Presiden OLD REPUB By: Name (orkiuia Attorney-ln-Fact CerliOcale) iv_cy oa 1SCr�r� -- (Area Code & Telephone umaer for Surety} APPROVED AS TO FORM, -r lAct,.ael E. Gales, 'City A,tlorney u / r3r .11 f Note, This bond must be executed rn duplicate and dated, all signatures must be rotanzed, and evrd_nce of the authonfy of any parson Si_gn}ng as altomey-in-fact must be eftac`aed. Page 2 of 2 li-45$0117357 PAYMENT' BOND * OLD REPUBLIC SURETY COMPANY * * POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: BRITTON CHRISTIANSEN, MYRNA SMITH, PHILIP VEGA, KEVIN VEGA, OF COVINA, CA - its true and lawful Attomey(s)-in-Fact, with full power and authority, not exceeding $50,000,000, for and on behalf of the company as surety,,to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED FIFTY MILLION DOLLARS ($50,000,000)-------------------------- FOR ANY SINGLE OBLIGATION and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed.. This document is not valid unless printed on colored background and is multi -colored. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by,the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president; any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person orpersons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile 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 affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 16TH day of MAY, 2017. OLD REPUBLIC SURETY COMPANY '� } super e. } _- _ - 6' SEAL .; fV4—SA ',-'t STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS t Y - ' President On this Y6TH day of MAY, 2017 personally came before me, Alan Pavlic and Jane E Chergey to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, -and being by me duly swom, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed tothesaid instrument by the authority of the board of directors of said corporation, fi i1. QTA YL Notary Public . My commission expires: 9/28/2018 CERTIFICATE (Expiration of notary commission does not invalidate this instrument) - I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force.-�.-., \ 74-0061 ,'sure }c.� Signed and sealed at the City of Brookfield, WI this Z8 t day of uSb _1 Z. ,o 7 3 SEAL r `` _ ns:�siz„-a Sec •i., � a„wnnr,oa^ C & D BONDING & INSURANCE ?285 CALIFORNIA• •WLEDGMENT CIVIL CODE § 1189 -IV.4w. .w A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 119111117211wo On A.-4,cva) 2Z. before me, Date Monica Blaisdell, Notary Public Here Insert Name and Title of the Officer personally appeared . Philip E. Vega Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(N whose namew) is/W subscribed to the within instrument and acknowledged to me that he%II:Kx& yCexecuted the same in his/14%)OkDeX authorized capacityW and that by hisXIXOasignature(6) on the instrument the person), or the entity upon behalf of which the person(�4 acted, executed the instrument. MONICA BLAISDELL Commission # 2144666 Z Notary Public - California z z ' Orange County v My Comm. Expires Mar 26, 2020 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 Signatu N of Notary Public 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 Las 66aeAes On & i }- )o , n/�J before me, K N hc, U Date Here lert Name and Title of the dfficer personally appeared 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. KYUNG MIN BACK Commission # 2119690 z _® Notary Public - CaMornia i Orange County MI Comm. Expires Jul 16. 2019 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 A?� Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages; Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ 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: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 BOND EXECUTED IN ONE (1) ORIGINAL COUNTERPART PERFORMANCE BOND KNOW ALL PERSONS BY TI i[SE PRESENTS: BOND NUMBER: WCN2528018 bond premium may change based upon final contract value W 1EREAS, Cily of Huntington Beach (hefeafler referred to as 'City) has, by written agreement dated 08/07 20_U entered into a contract with HARRY H. JOH CONSTRUCTION INC. 303 SOMERSET BLVD PARAMOUNT CA 90723 -- (name and address of Contractor) (hereinafter referred to as `Principal"), for performance of the work described as follows: 1 ST & ATLANTA PARKING LQT PROJFc#C 1395 (Project Title) Wl iEREAS, said contract, and all documents referenced therein (hereinafter collectively 'Contract"), are incorporated herein by this reference inade 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 ttte prompt• full and fa:thfui performance of said Contract, by a duly admitted surety insurer under the laves of the State of California (hereinafter referred to as "Surety'); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570. and has provided proof of sufficient bonding limitations as :shown in said circular to provide bonds in ,Ire amount required by said Contract: and Surety has provided financial strength ratings front reputable companies, such as from A.M. Best, Moody's, or Standard a Poor's, to validate that Surety has positive ratings of being secure or Stable; and Surety is registered aril fisted with the California Department of insurance, NOW. THEREFORE, we, the undersigned, as Principal, and OLD REPilBidr-StIRFTY CQMPANY 534 EAST BADILLO STREET,-D-L.LNA-CA 91723 (name and address of Surety) as Surety, arc held and firmly bound unto City in the penal sum of FOUR HUNDRED FIFTY FOUR Dollars ($.454 729 3173n3. this amount being not less than one hundred percent ottee price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truty to be made, we bind ourselves, out heirs, executors, administrators and successors, jointly and severalty, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and falthfully perform each and all of ilia covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of Citys 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 Ptincipat in the performance of any or all of the terms or the obligations of the Contract, including all atlerations, 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. Surely stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the. Contract, or the work to be performed thereunder, shall in any way affect, Kroft, restrict, Impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract or contract price, and any other alteration, change, deletion, addition or other modification to the Contract, or the work to be petforrned 'heretrnder, and agrees t 5✓ 58a/1171')a Bond NO. to automatically adjust the penal sum of this Bond to reflect such adjustments, a4eia(ions, 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 alsu 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 duty executed by Principal and Surely, 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: AUGUST 28, 2017 A-fTEST HARRY b,_J.QH_C.ONS.IRUGTLON, INC (Corporate Seal) tj (Prirx3pat t4arne) Name: Harry Joh President AITEST QI D-RFPI IRI I[: S_UaE.TX-CQMPANY {Corporate Seal) (Surety --- By -- -- Name. PFTfCff� E. VE _ (Signature of Attorne} i .:cl tot Surety) {AttarhAttotney-in,FactCertiricatu) L62fi 859-�QQQ (Area Cafe 8 Telephone Number fur Surety) APPROVED AS TO FURM:. By. Michael E. Gates. City Atioiney �r } i tJ3te� This bond must be executed in duplicale arid dated, all signatures must be nolarrzed, and evidence of the aulhorityol any person signing as attorney -in -fact must be attachad. PERFORMANCE BOND Pagc 2 of 2 ,t 01-D REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: BRITTON CHRISTIANSEN, MYRNA SMITH, PHILIP VEGA, KEVIN VEGA, OF COVINA, CA itstrue and lawful Attomey(s)-in-Fact, with full power and authority, not exceeding $50,000,000, for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED FIFTY MILLION DOLLARS ($50,000,000)-------------------------- FOR ANY SINGLE OBLIGATION and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This document is not valid unless printedon colored background and is multi -colored. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attomey 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 affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 16TH day of MAY, 2017. OLD REPUBLIC SURETY COMPANY ,:°c sugFre,, SEAL 41 . STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS President On this 16TH day of Jane E Chemey MAY, 2017 personally came before me,: Alan-Pavlic and to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY whoexecutedthe above instrument, and they each acknowledged the execution of the same, and being by me duly swam, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board_ of directors of said corporation. YL - 91'1� Notary Public My commission expires: 9/28/2018 CERTIFICATE (Expiration of notary commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 74-0061 :� " uq� ` < Signed and sealed at the City of Brookfield, WI this ��WVQUaa of O 2 c7 W +• co.rbwar� � p < c =9 SEAL _ 1slsllyd sec 1:, C & D BONDING & INSURANCE 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 Z.X7 before me, Date I personally appeared . Philip E. V Monica Blaisdell, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(* whose name%) is/e't subscribed to the within instrument and acknowledged to me that he/XlX&tW executed the same in his/kRr(bkxic authorized capacityW and that by his~K> Wsignature(-N) on the instrument the person), or the entity upon behalf of which the person( acted, executed the instrument. MONICA BLAISDELL Commission # 2144666 Z ,-� Notary Public - California z Z ' Orange County My Comm. Expires Mar 26, 2020 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4- SigAture'*of Notary Public 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 has A4,04e8 Onuu6a ;�?o before me, 7n AaITC_ Date Pere Insert Name and Title of the Officer personally appeared �GH 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. KrUNG MIN! L%CK Cona�slon 12118690 i -a� Notary Pubic - Calitoroii z orange County My Comm. Ex ires Jul 16, 2019 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ — Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 1 Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Robin Estanislau, City Clerk October 5, 2017 Harry H. Joh Construction, Inc. 7303 Somerset Blvd. Paramount, CA 90723 Re: Vt Street & Atlanta Park Lot — CC-1395 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, 9,41444� Robin Estanislau, CIVIC City Clerk RE: pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Dept. ID 17-044 Page 1 of 2 Meeting Date: 8/7/2017 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/7/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Award and authorize execution of a construction contract with Harry H. Joh Construction, Inc. in the amount of $454,729.35 for the 1st Street and Atlanta Parking Lot, CC-1395; and, authorize an appropriation in the amount of $25,000 and approve up to 15% in construction change orders Statement of Issue: On July 18, 2017, bids were opened for 1st Street and Atlanta Parking Lot, CC1395. City Council Action is requested to award the construction contract to Harry H. Joh Construction, Inc., the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of $499,000 are available in the In -Lieu Parking Downtown Fund account 30880101.82800, An additional appropriation of $25,000 is needed from the fund to cover construction contingencies and supplemental expenses. Approximately $100,000 in annual parking meter revenues is estimated to be generated. Recommended Action: A) Appropriate $25,000 from the In -Lieu Parking Downtown Fund undesignated fund balance to account 30888101.82800; and, B) Accept lowest responsive and responsible bid submitted by Harry H. Joh Construction, Inc. in the amount of $454,729.35; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City attorney; and, D) Authorize the Director of Public Works to approve up to fifteen percent (15%) in construction change orders. Alternative Action(s): Reject all bids and provide staff with an alternative direction. Analysis: Included in the FY16/17 Capital Improvement Program was the construction of a new parking lot at the corner of 1st Street and Atlanta Avenue. The new parking lot will be comprised of 44 parking stalls, adding needed parking in the downtown area. Three on -street parking stalls will be eliminated at the drive entrance to the new parking lot. The public parking lot will incorporate two pay stations, which is anticipated to generate approximately $145,000 in annual revenue to the City. xB -87- Itein 7. - 1 Dept. ID 17-044 Page 2 of 2 Meeting Date: 8/7/2017 The bids were publicly opened on July 18, 2017, with the verified bid amounts listed below: Bidding Contractor Bid as Submitted Verified Bid Harry H. Joh $454,729.35 $454,729.35 KASA Construction $465,603.00 $465,603.00 Excel Paving $478,441.50 $478,441.50 Staff recommends the award of a construction contract to Harry H. Joh Construction, Inc., in the amount of $454,729.35. The total estimated project cost is $524,000, which includes the construction contract, project management, 15% construction contingency and supplemental expenses. Public Works Commission Action: The Public Works Commission reviewed and approved the project was in substantial conformance with the CIP on June 21, 2017, with a vote of 7-0 Environmental Status: The project is categorically exempt pursuant to Section 15304 of California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Location Map Item 7. - 2 FfB -88- SECTION A NOTICE INVITING SEALED BIDS for the construction of PARKING LOT IMPROVEMENTS - IST STREET & ATLANTA AVE. CC No. 1395 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 July 18, 2017. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $40.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY website. http://www.huntingtonbeachca.jzov/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. 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 A-1 by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: The project consists primarily of construction of a parking lot, located at the intersection of Ist Street and Atlanta Avenue. A Mandatory Pre -Bid Site Walk will be held on July 6, 2017 @ 10:00 a.m. at the project site. This site is fence off and the purpose of the meeting is only to allow contractors access for a site visit. Contractors will be required to sign in and must be present at the time listed. Upon the group entering the site, access will be closed and no additional admittance will be allowed. All questions will need to be submitted in writing, via email, and will not be answered at the time of the meeting. The contract shall allow the Contractor 35 working days to complete the contract. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 6th day of September 2016, by Resolution No. 2016-58. Attest: /s/ Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 Esparza, Patty From: David Ward [daward@scng.com] Sent: Thursday, June 22, 2017 4:22 PM To: Esparza, Patty Subject: Re: 2 legal ads for HB Wave - CC-1556 and CC-1395 Hello again. Your notices are all set and ready to go. CC-1395 Ad#10970413 Run Dates 6/29, 7/6 & 7/13 Cost $909.00 PROOF NOTICE INVITING SEALED for the construction of PARKING LOT IMPROVEMENTS - IST STREET &ATLANTA AVE. CC No. 139S in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUN- TINGTON 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, 2000Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on July 18, 2017. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans Specifications, and contract documents are available from the Ohice of the Director of Public Works 200D Main Street Huntington Beach CA 92648, upon payment o� a $2p 00 nonrefundable fee if picked up, or payment of a $4.00 nonrefun able fee if sent by UPS ground delivery (bidder shall pay additional costs for special deliveryE. Plans, S ecif!cations, and contract documents can be downloaded reeon AGNCYwebsite. httP.,';Www.huntfrig ton beachca.goy?goyernmentldepartmentSJpubIic wo rK5,'SiaS,? Any contract entered into pursuant to this notice wil I 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 Di- rector of Industrial Relations of the State of California which are on file at the Office of the Director of Public Works, 2006 Main Street, Huntington Beach, CA92648. The AGENC" will deduct 5% retention from all progress payments. The Contractor maysubstitute an escrow holdersurety of equal value to the retention in accordance with the provisions of the Public Con- tract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCv hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in re- sponse to this notice and will not be discriminated against on the ba- sis 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 Pro- posal forms in conformance with the Instructions to Biddersas deter- mined by the AGENCY. The bid must be accompanied by a certified check, cashiers check, or bidders bond made payable to the AGEN- CY for an amount no less than 10% of the amount bid. The successful bidder shal I be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractors License ClassA at the time of the bid opening. The successful Contractorand his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verifica- tion by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. ProWd Oncrlptlon: The project consists primari Iy of construction of a parking lot, located at the intersection of 1st Street and Atlanta Avenue. A Ma 1}ItOrY PrrBld Sl� Wglk will be held on JUly 6, 2017 Co10:00 a.m. a e proiec site. Is si a is fence off and the purpose of the meeting is only to allow contractors access for a site visit. Contrac- tors will be required to sign in and must be present at the time listed. Upon the group entering the site access will be closed and no addi- tional admittance will be allowed. All questions will need to be sub- mitted in writing, via email, and will not be answered at the time of the meeting. The contract shall allow the Contractor 35 working days to complete the contract. The AGENCv reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maxi- mum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF_NUNTINGTON BEACH, CALI FORNIA, the AM day of September 3M by Resolu- tion No. 2016-58. Attest: �CVIT�C�LERKnOFTHE CITYOF HUNTINGTON BEACH Publish.The Huntington Beach Wave June 29, JUly6, 13, 201710970413 CC-1556 µ w �_. LU W oo C) W r- z z ` 7t7 0-<O CD rTj r- ;v s < w M b ro 43V38 NalJNl.LNnH 10 APO N11313 kilo 001 ad 8 ! W III? Q3Al3338 CITY OF HUNTINGTON BEACH PROJECT NAME: 1st & Atlanta Parking Lot CC#: CC 1395 BID OPENING DATE: 7/18/2017 TIME & LOCATION: Z00 pm - Council Chambers ENGINEER'S ESTIMATE: $300,000.00 BIDS SUBMITTED (AS READ AT OPENING) BIDDER'S NAME FINAL RANK APPARENT BID AMOUNT All American Asphalt AMPOWER Calpromax Engineering Inc. El Camino Asphalt Paving Corp. Excel Paving Haitbrink Asphalt Paving, Inc. Harry H. Joh Construction, Inc. F� KASA Construction, Inc 1111e'5 6Y03- 00 Minco Construction R.J. Noble Company Roadway Engineering & Contracting Inc. Terra Pave, Inc. TRYCO GENERAL ENGINEERING Vida Samarzich, Inc. PTS_03222017_Version_15_CC1395.xlsx UNSUCCESSFUL BIDS Parking Lot Improvements lst St. & Atlanta Ave. City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk October 10, 2017 Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 RE: Parking Lot Improvements 1st St. & Atlanta Ave. - CC-1395 Enclosed please find your original bid bond for CC-1395. Sincerely, M =094 1 W'"'W47 /a Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of PARKING LOT IMPROVEMENTS -1ST STREET & ATLANTA AVE. CC No. 1395 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefore, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 35 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will re -advertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. 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. C-1 Accompanying this proposal of bid, find 1510 ke.41 bow in the amount *TFM MlIWT OF i11WUNTAM 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 NVo. Dat Received Bidder's Signature 3 11 C-z QV urtis R Brown III 'resident PROJECT RID 'gCHFni TT ,F 1 Mobilization 1 LS $ $ 2 SWPPP 1 LS $�(�QQ / $ 3 TRAFFIC CONTROL 1 LS $ 4 CLEARING, GRUBBING & UNCLASSIFIED EXCAVATION 1,300 CY $ 51"� $ 5 CONSTRUCT 6"CURB & GUTTER 655 LF $l! $ 6 CONSTRUCT 6" CURB 102 LF $ %i) ' $ 'LO40 — 7 CONSTRUCT PCC SIDEWALK 335 SF $ 1. $ Vs 8 CONSTRUCT PCC DRIVEWAY APPROACH 305 SF $ $ 12 SO . 9 CONSTRUCT PARKWAY DRAIN 3 EA $ $ �13u0� 10 CONSTRUCT 3" SCH. 40 PVC DRAIN PIPE 69 LF $ 01. $ 11 CONSTRUCT 6'THICK AGRREGATE BASE 288 CY $ 12 CONSTRUCT 3" THICK ASPHALT CONCRETE 292 TN $ 8 - $ 13 CONSTRUCT 7' HIGH MASONARY BLOCK WALL 280 LF $ 332. - $ 14 ADJUST WATER VALVE FRAME & COVER TO GRADE 1 EA $ 1'lM — $ r-700 15 ADJUST MANHOLE FRAME & COVER TO GRADE 1 EA $ 1 �l (11�� $ (—I Ud: 16 INSTALL LANDSCAPE IRRIGATION 1 LS $ $ qQ(0 17 INSTALL LANDSCAPE PLANTINGS 1 LS $� $� 18 INSTALL LANDSCAPE ROCK/BOULDERS 1 LS $ L7 Off' $ 19 INSTALL SIGNS & STRIPING 1 LS $ (DCW $ (0ON) 20 INSTALL IMPROVEMENTS SHOWN ON LIGHTING PLAN 1 LS $ $V,VE-ID 21 $ $ Total Amount Base Bid in Fiqures: $ LA-1e I Total Amount Base Bid in Words: C-3 t�6crr i �J � 010- 1. 50 Zi LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name<and Address of State :: CCass DIR Dollar % of Ifem(s) Subcontractor License` Number Amount Contract Number' 2"'M C31- -306 jv> b ?.� 01P QAke*-4(An lac -0 1011qu-1 A 100uiD SO ot» G UP,- ►Pv�c*'k (A q ►�,� � Gu �q E 0 l �v , f hR�f(1 % �,Q► 4 C 01110 5 IA06 C21 ►oo 0W (o6q Wig* 2 0Ito '/_ -k ?-Q13 2 1 t3 %InSr&"\ MCA " V2q�l9q c.�► ioowo �I. 6 i Mfx kO S"D WMik�4 �- '( VaAAC6 G� 01001, Cti� ►{1q� W M. c,&VW— Q, l3 �� o 'f c l �✓ ,a,c 'u A id C� l I�WJ 3Sb00 7 %. �Mtc S�Ir�ar G IcSZ� By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed onj 19 1 R ?.�a �Q��' MACHCALIFORNIA Date City State Curtis P. Brown III , being.,tr�, d , deposes and says that he or she is President ofthe party making the foregoing bid that the bid is not made in t o or on t e behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. pw. ikaom Name of Bidder Curtis P. Brown III President AignatureBidder 2230 LEMON AVENU"t l.0 r~r�CI'. uA C"' Address of Bidder lim CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On JUL- 18 2017 before me, C. Phillips, Notary Public , Notary Public, (Here insert name and title of the officer) personally appeared Curtis. P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ape subscribed to the within instrument and acknowledged to me that he/sVtlpg executed the same in his/W/tWr authorized capacity(ies), and that by his/bgf/tWr 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 officiaJ seal. :° c, PHILLIPS COMM, #2170177 n Notary Public -California LOS ANGELES COUNTY a (Notary Seal) My Comin. Expires Oct 29, 2020 Signature of Notary Public 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 infonmation) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment,form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, anv alternative acknowledgment verbiage as mat- be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notaly in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form �f required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they,— is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different docwnent. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service, Inc. - All Rights Reserved www.TheProLink. com - Nationwide Notary Service UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the PARKING LOT IMPROVEMENTS - IST STREET & ATLANTA AVE., (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 tern "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: „ is d . in1i JUL C-6 Contractor y Curtis P. Brown III Title President DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes W/No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: JUL 18 2017 C-8 Contractor y Curtis P. Brown III President Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name NP, W. ODA E .f PAVW W~ E MG IGH. GA 00 Business Address City, State Zip 0 Telephone Number Email Address J STATE l.IC GRA659 "A" State Contractor's License No. and Class �5 hi I0u Original Date Issued 20I'8 Expiration Date The work site was inspected by WIkf of our office on 7 , 201_. The following are persons, firms, and corporations having a principal interest in this proposal Curtis P. Brown III Presiaent Bruce E. Flatt Vice President and Chief Financial Officer Marcia S. Miller Secretary Michele E. Drakulich Assistant Secretary Ai-P i .0- C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name of Bidder Curtis P. Brown III Presided Printed or Typed Signature Subscribed and sworn to before me this _ day of . 1111 18 2017, 201_ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFOMIA County of LOS ANGFELES ) On JUL 18 2017 before me, C. Phillips, Notary Public Month, Day, and Year Insert Name and Title of Notary personally appearedCurtlS P. Brown III Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/Ott subscribed to the within instrument and acknowledged to me that he/sV/thyexecuted the same in his/WtVr authorized capacity(ies), and that by his/l*q1r'/the3fsignature(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. _ r C. PHILLIPS ` comm. #2170177 N A n Signature ` Notary Public -California X LOS ANGELES COUNTY u. My Comm. Expires Oct 29, 2020 Signakute of Notary Public (PLACE NOTARY SEAL ABOVE) C-10 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of at least one project involving the installation/construction of a "ROMTEC" modular construction building. 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: 3,EE ATTACHED 1. 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. 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: 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-1 l 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. 0 Name of proposed Project Manager Telephone No. of proposed Project Manager: (562) 599-5841 Project Name & Contract Amount Type of Work Date Completed cAm,w mr ProjectName & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed %(, SUOWW%/- Name of proposed Superintendent Telephone No. of proposed Superintendent: ke� Name & Contract Amount Type of Work , . �ILVA&K* _ eL eO W Proje6eName & Contract Amount Type of Work JU �& CAAI,- Project Name & Contract Amount Type of Work C-12 Date Completed J ui�l Date Completed 61 1�- 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:Hefiling.dir.ca. gov/PW CR/ActionServlet?action=displayP W CRegistrationForm DIR's Contractor Registration searchable database: https:Hefiling.dir.ca.gov/PWCR/Search. action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. o XZBA Contractor 1-21-1__ja- y Curtis P. Brown III President Date: jUC. 18 2017 Title �' • i I / r/1G C-13 Chubb POWER Federal Insurance Company Attn: Surety Department ! OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 oNu� Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California -------- —------ —------------------- —--------- -------- each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other wntings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December, 2011. Kenneth C. Wendel, Assistant Secretary . Norris, Jr., Vice President STATE OF NEW JERSEY ss. County of Somerset On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By - Laws and in deponent's presence. Notarial Seal �AQc KATHERINE I ADELAAR O�pR�I�� NOTARY PUBLIC OF NEW JFkSFl Ne.2316685 CorantiWOA Expi_fs July i6, 2014 a� Notary Public CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 5th day of July, 2017 q ,lam C` �'OIANP ys, rr`Y aew G ./i✓ _ Kenneth C. We del, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Form 15-10- 02256- U (Ed. 5- 03) CONSENT i' w 4 Current.Jobs-References (Mar h 2017) Cont # Agency/Location Job Name/Location: Dates/Amount of Project 5387 / City of Glendale / Prop 84 Green Streets 05/2017- In Progress ITC 1613 E. Broadway, Glendale, CA 91206 $2,223,985- "Saarkis Oganesyan 18.18-548-3945 isoganesya.n@glendaleca.gov C/O Torrance N. Wells Field Impry 04/12/2016-09/2017 !n Progress 5343 KC 3031 Torrance Blvd, Torrance, CA 90503 TVe—cycled water & Dome—s-t—Mater Imprv) $2,164,034 5331 John Dettle C/O Whittier 310-618-5990. Palm Ave jdettle@torranceCA.GOV. 02/18/2016-12/2016 JM/DD 13230 Penn St, Whittier,.CA 90602 $1,063,434 / $1,093,223 5365 Kyle.Cason City of San Clemente 562-567-9511 Major St Maintenance kcason@cityofwhittier.ORG 5/23/2016-12/2016 TC 100 Avenida Presidio, San Clemente, CA 92672 $411,382 / $323,646 5359 Gary Voborsky C/O Laguna Niguel 949-3.61-6132 Citywide Pavement voborskyg@san-clemente.org 05/10/2016709/01/2016 TC 30111 Crown Valley Pkwy, Laguna Niguel $2,863,000 / $2,391,548 Frank Borges BNSF 949-362-4325 SB Auto Yard Track Expansion fborges@cityoflagunaniguel.orig 04/22/2016-09/2016 5353 ER 1685 Santa Fe Way, San Bernadino,.CA 92410 $2,119,981 /$1,907,995 "Khy 5338 1626- C/O Duarte . 372-9504 Las Lomas Rd khy.lim@wilsonco.com 03/15/2016-07/2016 BP 1600 Huntington Dr, Duarte, CA 91010 $207,093 / $260,277 Rafael Casillas 626-357-7931 rcasillas@accessduarte.com s 5333 C/O Bellflower Parkig Dist No 1 02/29/2016-07/2016 DD 16600 Civic Center Dr, Bellflower, CA 90706 $222,962 / $218,575 "5314CIO'Bellflower JerStock 562-804-1424 Bellflower Blvd jstock@bellflower.org 12/22/2015-07/2016 DD 16600 Civic Center Dr, Bellflower, CA 90706 $1,164,847 / $1,271,297.87 "5372County Philip Wang of Orange 562-80471424 Esplanade & Chapman pwang@bellflower.org 06/03/2016-07/2016 WP 300 N. Flower St, Santa Ana, CA 92703 $424407 / $1,751,645 (final) 5326 Bruce Poma C/C1 I Pico Rivera 714-955-0214 Citywide Roadway Impvt bruce.poma@ocpw.ocgov.com 02/03/2016-06/03/2016 BP 6615 Passons Blvd, Pico Rivera, CA 90660 $267,213 / $303,815 5288 Robert DelGadio C/O Lomita 562-801-4364 Oak St-Watermain/Pavement rdelgadillo@pico-r,ivera.org 10/05/2015-02/12/2016 BP 24300 Narbonne Ave, Lomita, CA 90717 $1,727,682 / $1,717,692 5153 Mark McAvoy C/O Los Angeles 310-325-7110 Discovery of Science m.mcavoy@lomitacity.com 05/2014-08/2015 JM 1149 S. Broadway, LA, .CA 90015 $1,288,823 / $1,252,853 5164 Richard Campbell C/O Santa Ana 1213-847-4715 Grand Ave richard.campbell@lacity.org 06/2014-08/2015 DD 20 Civic Center Plaza 92701 $3,179;058 / $3,709,886 5139 Tyrone Chesanek C/O.Glendale 714-647-5045 Glendale Ave tchesanek@santa-ana.org 04/03/2014-06/30/2015 JM 613 E. Broadway, Glendale, CA 91206 $4,046,874 / $4,311,174 L_ 'jasmina Zigic ,818-937-8255 : •jzigic agiew daleca.gov : -. r Current Jobs -References (March 2017) Cont # Agency/Location Job Name/Location: Dates/Amount of Project 5387 City of Glendale Prop 44 Green Streets 05/2017- In Progress ITC 1613 E. Broadway, Glendale, CA 91206 $2,223,985- "Saarkis Oganesyan 1818-548-3945 isoganesyan@glendaleca.gov C/O Torrance N. Wells Field Impry 04/12/2016-09/201? In Progress 5343 KC 3031 Torrance Blvd, Torrance, CA 90503 (RecycledWater & Domestic Water Imprv) $2,164,034 5331 John Dettle C/O Whittier 310-618-5990 Palm Ave jclettle@torranceCA.GOV 02/18/2016-12/2016 JM/DD 13230 Penn St, Whittier,.CA 90602 $1,063,434/$1,093,223 5365 Kyle Cason City of San Clemente 562-567-9511 Major St Maintenance kcason@cityofwhittier.ORG 5/23/2016-12/2016 TC 100 Avenida Presidio, San Clemente, CA 92672 $41L382 / $323,646 5359 Gary Voborsky C/O Laguna Niguel 949-361-6132 Citywide Pavement voborskyg@san-clemente.org 05/10/2016-09/01/2016 TC 30111 Crown Valley Pkwy, Laguna Niguel $2,863,000 /$2,391,548. . 5353 Frank Borges BNSF 949-362-4325 SB Auto Yard Track Expansion fborges@cityoflagunaniguel.org 04/22/2016-09/2016 ER 1685 Santa Fe Way, San Bernadino, CA 92410 $2,119,981 / $1,907,995 5338 Khy Lim C/O Duarte 626-372-9504 Las Lomas Rd khy.lim@wilsonco.com 03/15/2016-07/2016 BP 1600 Huntington Dr, Duarte, CA 91010 $207,093 / $260,277 Rafael Casillas 626-357-7931 rcasillas@aiccessduarte.com P5333 3 3 MMI!!!!!!! C/O BellflowerParkig C/O Bellflower Dist No 1 02/29/2016-07/2016 DD 116600 Civic Center Dr, Bellflower, CA 90706 $222,962 / $218,575 5314 Jerry Stock C/O Bellflower 562-804-1424 Bellflower Blvd jstock@bellflower.org . 12/22/2015-07/2016 DD 16600 Civic Center Dr, Bellflower, CA 90706 $1,164,847 / $.1,271,297.87 "5372Cournty Philip Wang of Orange 562-804-1424 Esplanade & Chapman pwang@bellflower.org , 06/03/2016-07/2016 WP 300 N. Flower St, Santa Ana, CA 92703 $424407 / $1,751,645 (final) 5326 Bruce Poma C/O Pico Rivera 714-955-0214 Citywide Roadway Impvt bruce.poma@ocpw.ocgov.com 02/03/2016-06/03/2016 BP 6615 Passons Blvd, Pico Rivera, CA 90660 $267,213 / $303,815 5288 Robert DelGadio C/O Lomita 562-801-4364 . Oak St-Watermain/Pavement rdelgadillo@pico-r,ivera.org 10/05/2015-02/12/2016 BP 24300 Narbonne Ave, Lomita, CA 90717 $1,727,682 / $1,717,692 =5153C/0Los Mark McAvoy Angeles 310-325-7110 Discovery of Science m.mcavoy@lomitacity.com 05/2014-08/2015 JM 11149 S. Broadway, LA, CA 90015 $1,288,823 / $1,252,853 5164 Richard Campbell C/O Santa Ana 213-847-4715 Grand Ave richard.campbell@lacity.org 06/2014-08/2015 DD 20 Civic Center Plaza 92701 $3,179,058 / $3,709,886 5139 Tyrone Chesanek C/O.Glendale 714-647-5045 Glendale Ave tthesanek@santa-ana.org 04/03/2014-06/30/2015 JM 613 E. Broadway, Glendale, CA 91206 $4,046,874 / $4,311,174 iasmina 2igic 818-937-8255 jzig!c@glendaleca.gov = City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For 15t & Atlanta Parking Lot CC NO. 1395 in the CITY OF HUNTINGTON BEACH July 13, 2017 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. SECTION C, Page C11, Bidders Project History Omit "ROMTEC" modular construction building from first paragraph. 2. IMPROVEMENT PLAN, Sheet 3 of 10 The Gas Valve called out on the plans is actually a Gas Co. Test Station, made of a Brooks Products Curb Valve Box with test wires inside. Contractor to reset the box/cover to new grade (approximately 18"). A picture of the test station is attached. Additional information on Sewer Manhole (SSMH) to be reset to new grade. There are approximately 42" of riser rings. The cover will need to be lowered approximately 17". The sewer line operates under gravity and not under pressure. 55 L.F. of existing wood fence will likely need to be removed in order to construct the new screen wall and cost should be included in bid. See attached revised drawing. Telephone Manhole to be protected in place. Provide one Utility Crossing Sleeve in new wall footing. 3. GRADING PLAN, Sheet 4 of 10 High point in parking lot has been adjusted in order to protect existing Telephone Manhole in place. Curb has also been adjusted to protect the manhole in place. TMH Vault is in close proximity to proposed wall footing. A Type 2 footing may be necessary in lieu of a Type 3 footing. See attached revised drawing. This is to acknowledge receipt and review of Addendum Number One, dated July 13, 2017. WAL361.94G.DBA Company Name JUL 18 2017 Date By Curtis P. Brown III President All bidders must acknowledge and iniciudute the receipt of this Addendum with your bid proposal. Bond No. BID BOND The American Institute of Architects, AIA Document No. A310 (February,1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we PALP Inc. dba Excel Paving Company Bid Bond as Principal hereinafter called the Principal, and Federal Insurance Company a corporation duly organized under the laws ofthe state of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount of the bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Parking Lot -1st and Atlanta Ave (CC1395) NOW, UMMORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter mW 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 faidM performance of such Contract and for the prompt payment of labor and material fiunished 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 5th day of July , 2017 PALP Inc. dba Excel Paving Company trIlessPrincipal Curtis(rown III wi President By: Namelritle Federal Insurance Company surety (Seal) Witness By.=.l Douglas/AIRapp Attorney -in -Fact ORSC 21328 (5/97) 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 July 05, 2017 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp , who proved to me on the basis of satisfactory evidence to be the person(4b) whose name(") isle subscribed to the within instrument and acknowledged to me that he/s"A! eq executed the same in hiss authorized capacityo@@e , and that by his/I i*signature(*) on the instrument the person+lai), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,.r�•`*��, DEBRASV"SON .i COMM. # 2170759 X i 9 NOTARY Pu8LIGCA1UFORNIA X ORANGE COUNTY COMM, EXP, NOV 10, 2020 � Signature �Q� Z��--'Yv`lr;e'\` (Seal) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On „,; 1 ;x ;n11 before me, C. Phillips, Notary Public Notary Public, (Here insert name and title of the officer) personally appeared Curtis. P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/:esubscribed to the within instrument and acknowledged to me that he/sj-e/tWexecuted the same in his/Wtlie8 authorized capacity(ies), and that by his/W/tom 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 Signature of Notary Public .' G, PHILLIPS a " COMM, #2170177 r Ndtery Public -California a LOS ANGELES COUNTY (Notary Seal) „ „„• My Camm. Expires Oct 29, 2020 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/tkey— is /ere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service. Inc. —All Rights Reserved—TheProLinkcom —Nationwide Notary Service PAR. IW, DOA EXEL PAVWG G%WAWY 2?222 LEMKM AVENUE LMG aACN, CA WM LLJ > CL- wax Lai co 110 -940114r4 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk October 10, 2017 Kasa Construction 15148 Sierra Bonita Lane ;. Chino, CA 91710 RE: Parking Lot Improvements 1st St. & Atlanta Ave. - CC-1395 Enclosed please find your original bid bond for CC-1395. Sincerely, Aou 944w4J4t4d Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of PARKING LOT IMPROVEMENTS - 1ST STREET & ATLANTA AVE. CC No. 1395 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefore, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 35 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will re -advertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. 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. C-1 Accompanying this proposal of bid, find Bidder's Bond in the amount of 10% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond 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' Si na ure 1 7/13/17 ` C-2 PROJECT BID SCHEDULE 1 Mobilization 1 LS $ 7 4 0 $ 57,600 2 SWPPP 1 LS $ .000 $ 5,000 3 TRAFFIC CONTROL 1 LS $ i ICI b $ t, Sy0 4 CLEARING, GRUBBING & UNCLASSIFIED EXCAVATION 1,300 CY $ S13 $ IPH,0DO 5 CONSTRUCT 6" CURB & GUTTER 655 LF $ rL� $ 4 0. 6 CONSTRUCT 6" CURB 102 LF $ 7 CONSTRUCT PCC SIDEWALK 335 SF $ 8 CONSTRUCT PCC DRIVEWAY APPROACH 305 SF $ 9 CONSTRUCT PARKWAY DRAIN 3 EA 00 0 $ G0 10 CONSTRUCT 3" SCH. 40 PVC DRAIN PIPE 69 LF $ 3o $ LtkiQ0 11 CONSTRUCT 6" THICK AGRREGATE BASE 288 CY $ LK- $ 17-111w 12 CONSTRUCT 3" THICK ASPHALT CONCRETE 292 TN $'14 13 CONSTRUCT THIGH MASONARY BLOCK WALL 280 LF $ 200 $ aOb 0 14 ADJUST WATER VALVE FRAME & COVER TO GRADE 1 EA $ 5Gb $ SOCK 15 ADJUST MANHOLE FRAME & COVER TO GRADE 1 EA $ `L,SUO $ 2,500 16 INSTALL LANDSCAPE IRRIGATION 1 LS $ 45. 000 $� a0U 17 INSTALL LANDSCAPE PLANTINGS 1 LS $ 'q o,00y $ qo 000 18 INSTALL LANDSCAPE ROCK/BOULDERS 1 LS $ L0 00 U $ Ul tsar, 19 INSTALL SIGNS & STRIPING 1 LS $ ( $U 20 INSTALL IMPROVEMENTS SHOWN ON LIGHTING PLAN 1 LS $ _ $ (05-,oa6 21 $ $ Total Amount Base Bid in Figures: $ S . 00 Total Amount Base Bid in Words: �OLtr huyljce' SiX�- - five . C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor ' State License Number' Class DIR Number Dollar Amount % of Contract' 5i �P+-1, Marhfvi, (,)c(ei-e, Ise.. 7•6% CU04)Mi✓ig�-a-%1 t A, ` l-31ic L-13 C - 5 12 jyr,�en•�I (�61,n� tLU p ie(�1ar�tFh �. Zi�(n�1 �_12 (�OUp0�lyl�D �17i� 4.1 � By submission of this proposal, the Bidder certifies: L That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 7/18/17 , at Chino CA Date City State Diana Kasbar ; being first duly sworn, deposes and says that he or she is President of KASA Construction, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Diana Kasbar - President Name of Bidder t ignature of Bid er 15148 Sierra Bonita Ln. Chino, CA 91710 Address of Bidder C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the PARKING LOT IMPROVEMENTS - 1ST STREET & ATLANTA AVE., (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: 7/18/17 C-6 KASA Construction, Inc. Contractor President Title -Diana Kasbar 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-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 7/18/17 C-8 KASA Construction, Inc. Contractor -Diana Kasbar . y President Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: KASA Construction, Inc. Bidder Name 15148 Sierra Bonita Ln. Business Address Chino City, CA 91710 State Zip ( 909 ) 457-8260 hectorz@kasaconstruction.com Telephone Number Email Address 927544 State Contractor's License No. and Class 1 /15/09 Original Date Issued 1/31/19 Expiration Date The work site was inspected by Hector Zavala A, B, C-10, C-27 of our office on J A , 2017. The following are persons, firms, and corporations having a principal interest in this proposal: Diana Kasbar President/Treasurer Sam Kasbar C-9 Vice President/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. KASA Construction, Inc. .ompq y--�4ame of Diana Kasbar - President Printed or Typed Signature Subscribed and sworn to before me this 18th day of July , 2017 . 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 C'4�Lwt. ) County of Sa,ti L044 ) On 8 F 2-01-7 before me, en' r v -h.r �i� -- . M nth, Day, and Year Insert Name and Title of Notary personally appeared )L�; ekL4.r � a✓ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. HECTOR ZAVALA WITNESS my hand and official seal. Commission # 2046822 a Z - �® Notary Public - California z :._Y / � ' San Bernardino County i. / /' e M Comm. Ex ires Oct 28, 2017 Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-10 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of at least one project involving the installation/construction of a "ROMTEC" modular construction building. 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 Costa Mesa - 77 Fair Dr. Costa Mesa, CA 92626 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mark Marcacci 714-754-5248 $962,356.00 Parkway Turf Reduction & Planting 8/25/2016 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Landscape, Hardscape, Irrigation 2. City of Westminster - 8200 Westminster Blvd. Westminster, CA 92683 Name and Address of Public Agency Name and Telephone No. of Project Manager: Jake Ngo 714-548-3459 $1,994,584.00 Parkway Trial Landscape & Irrigation 4/12/16 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Landscape, Hardscape, Irrigation 3. City of Mission Viejo - 200 Civic Center Mission Viejo, CA 92391 Name and Address of Public Agency Name and Telephone No. of Project Manager: JerryHill 949-477-2740 $715,669.10 Median Island Renovation 9/13/17 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Landscape, Hardscape, Irrigation, Electrical, Fine Grading, Clearing and Grubbing C-11 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. Tony Kasbar Name of proposed Project Manager Telephone No. of proposed Project Manager: 951-616-8056 Harbor Bike Trail Improvements Project Parkway Turf Reduction & Planting 8/25/16 Project Name & Contract Amount Type of Work Date Completed Hoover Street Pedestrian & Bike Trail Improvements Parkway Trail Landscape & Irrigation 4/12/16 Project Name & Contract Amount Type of Work Date Completed Marguerite Parkway Median Island Trabuco to Alicia Parkway Median Island Renovation 9/13/15 Project Name & Contract Amount Type of Work Date Completed 2. Charles Rameh Name of proposed Superintendent Telephone No. of proposed Superintendent: 909-538-3874 Harbor Bike Trail Improvements Project Parkway Turf Reduction & Planting 8/25/16 Project Name & Contract Amount Type of Work Date Completed Hoover Street Pedestrian & Bike Trail Improvements Parkway Trail Landscape & Irrigation 4/12/16 Project Name & Contract Amount Type of Work Date Completed Marguerite Parkway Median Island Trabuco to Alicia Parkway Median Island Renovation 9/13/15 Project Name & Contract Amount Type of Work Date Completed G12 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/PW CR/ActionServlet?action=displayP WCRegistrationFonn DIR's Contractor Registration searchable database: https:Hefiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Date: 7/18/17 DIR #: 1000006013 C-13 KASA Construction, Inc. Contractor - Diana Kasbar y President Title THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7528422 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Matthew R. Dobyns; Randy Spohn: all of the city of Santa Ana state of .CA each individually if there be more than one named, its true and lawful attorney-in-factto make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by president and attested by the secretary of the Companies in their own: proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of October 2016 The Ohio Casualty Insurance Company - -- Liberty Mutual Insurance Company y m O 19.9 r 1912 1991 0 West merican Insurance Company = *` By: STATE OF PENNSYLVANIA ss David M. Care ,Assistant Secretary COUNTY OF MONTGOMERY C dOn this 28th day of October , 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance v F v d Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes >,N W p therein contained by signing on behalf of the corporations by himself as a duly authorized officer, d C G> > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. 00.1 IC d .� P PAS COMMONWEALTH OF PENNSYLVANIA QNotarial Seal U \ / 4�I O C '— ��oNW�QT�`f ° { Teresa Pastella. Notary Public �/� �J�%�� O C4) y y By: of Upper Merion Twp., Montgomery County Teresa Pastella, Notary Public _ O My Commission Expires March 28, 2017 �' �y 3 tr; d C OV,G Member, Pennsylvania Association of Notaries q+ty O (L � C M This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual .0 p Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: r m CD ` ARTICLE IV — OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O r- 4) to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, > d O ,= acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective E powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so d C executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under > 'O the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. C ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, 00 > d and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, M O seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their — 00 Z v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. O co Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in- ~ fact as may be necessary to act on behalf of the Company to make; execute, seal, acknowledge and deliver as surety any and all undertakings,'.bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty InsuranceCompany, Liberty Mutual Insurance Company, and: West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full; true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. 5 th July IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 20.17 a�t� 1ti,11,Q p;,, th SUT^'nr 'v ;;'s D,h?n 1'3 3 r 1912 o r 1491 r By: Renee C. Ue ssistant Secretary .syf''�'l,ga`r`iT�C�"+� J'•s:Sni l.I,,)`>c�.� '`.ii)I,ap:P * 89 of 100 LMS 12873 082016 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For 1s' & Atlanta Parking Lot CC NO. 1395 in the CITY OF HUNTINGTON BEACH July 13, 2017 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. SECTION C, Page C11, Bidders Project History Omit "ROMTEC" modular construction building from first paragraph. 2. IMPROVEMENT PLAN, Sheet 3 of 10 The Gas Valve called out on the plans is actually a Gas Co. Test Station, made of a Brooks Products Curb Valve Box with test wires inside. Contractor to reset the box/cover to new grade (approximately 18"). A picture of the test station is attached. Additional information on Sewer Manhole (SSMH) to be reset to new grade. There are approximately 42" of riser rings. The cover will need to be lowered approximately 17". The sewer line operates under gravity and not under pressure. 55 L.F. of existing wood fence will likely need to be removed in order to construct the new screen wall and cost should be included in bid. See attached revised drawing. Telephone Manhole to be protected in place. Provide one Utility Crossing Sleeve in new wall footing. 3. GRADING PLAN, Sheet 4 of 10 High point in parking lot has been adjusted in order to protect existing Telephone Manhole in place. Curb has also been adjusted to protect the manhole in place. TMH Vault is in close proximity to proposed wall footing. A Type 2 footing may be necessary in lieu of a Type 3 footing. See attached revised drawing. This is to acknowledge receipt and review of Addendum Number One, dated July 13, 2017. Sa o s4T wt a nA t, -Company Name y '71is1 n Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. 7/17,'2017 California Department of Industrial Relations - Contact DIR Public Works `:. Public l?'al c Contractor tP',Ni j RegistraCon Search Public Works Contractor (PWC) registration Search This is a listing of current and active PWC registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720 of the California Labor Code.) Enter at least 91Y search criteria to display active registered public works contractor(s) matching your selections. Registration Year: Current Fiscal Year 201708 PWC Registration Number If; f" [µ: 123f ,E 11�2 Contractor Legal Name:ex3rrplF -------------------- Ul' License Number: 2?544 Contractor License Lcokup County: Select County • i Search Results One registered contractor found. 1 Export as: ;W Excel I't PDF v2.20160101 https://efiiling.dir.r,a.gov/PWCR/Search.action 1/1 THE OHIO CASUALTY INSURANCE COMPANY BOND NO.: KASCO-737 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, KASA CONSTRUCTION, INC., (hereinafter called the Principal), and THE OHIO CASUALTY 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, 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 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 PARKING LOT IMPROVEMENTS — 1 IT STREET & ATLANTA AVENUE, CC NO. 1395, 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 5TH day of JULY, 2017. KASA CONSTRUCTION. INC. IAMB BY: MATTHEW R. DOBYNS, ATTORNEY- -FACT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On 7/18/17 before me, Date personally appeared Diana Kasbar Hector Zavala, Notary Public Here Insert Name and Title of the Officer 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. HECTOR ZAVALA ., Commission # 2046822 a ==es; Notary Public - California z Z;,_Y ' San Bernardino County v M Comm. Expires Oct 28, 2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand nd official seal. Signature ignature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ 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 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 \ before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared MATTHEW R. DOBYNS , ® who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/tee subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity Oes)), and that by his/her/their signature( i) on the instrument the person(s), or the entity upon behalf of which the persono) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ERIKA GUIDO ..... COMM. # 2190052 PUBLICCALIFORNIA o WITNESS and and official seal. NOTARY 3 ORANGE COUNTY ^� My Comm. expires May 5, 2021 - 1 ature &Notgry S r .y Sv 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) KASA CONSTRUCTION 15148 SIERRA BONITA LANE CHINO, CA 91710 w ".,cc 131c A+Law� G�oF Nvr4i^j4-vn. 6P" - Do taoT O�tw VJffli Del;qzr 49 dtiw Aw of 44..v G4- CoLL(V-11M MAAA SvIxe,"t sw('44 flow q-0 - Cl LLJ )4 fie im CA- w co _7 otoil Beach Z d OE sixect G�n t in o 3a.c.cfi- CA 92641 Cy