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Home My WebLink AboutNOBEST, INC - MSC 434 - RECONSTRUCTION OF REMBRANDT DRIVE - 2006-06-19RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION P TO: Shari - eidenrich, City Treasurer FROM: v / DATE: SUBJECT: Bond Acceptance I have received the bonds for 7` (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Q/ ccJfi« 11701-/ Re: Tract No. CC No. MSC No. Approved / / t (Cobs cil ApAroval ate) Agenda Item No. City Clerk Vault No. #27 g./followup/bondletter dna RECEIVED BY: { 1 ! 1t lb;r o �1 n fTa� (Name) 7 (Date) CITY CLERK RECEIPT COY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for 6L'--9 % lit.)0 _ (Company Name) Faithful Performance Bond No. �� Z1J -3d Labor and Material Bond No. Monument Bond No. Maintenance Bond No. eltz 153 2, r. ' Re: Tract No. CC No. MSC No. 3 Approved [ Agenda Item No. (Council Approval D te) City Clerk Vault No. #27 g:/followup/bondletterAoc City of Huntington Beach [OLD INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: .fames Jones, Maintenance Operations Manager DATE: December 21, 2006 SUBJECT: Retention Release Payment Company Name: Nobest, Inc. Address: P.O. Box 874 City, State and Zip Code: Westminster, CA 92684 Phone Number: (714) 892-5583 Business License Number:A186848 Local Address: N/A Notice of Completion Date:November 13, 2006 Contract Purpose: Reconstruction of Rembrandt Drive, Msc-434 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. 1 certify that no stop notices are on file on the subject at this time. �2_oo C� ate Robert F. Beardsley, PLV1c Works Director certify that there are no outstanding invoices on file. - If - Date Shari Freidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. Joan Flynn,Aity Clerk Retention Release 434 12/21 /2006 6:56 AM no JIJ i-iM) r"UiLi I Y5 IIAUL U2 DECLARATION� OF SATiSFACTiON OF CLAIMS ), !� 1 • _� ��j c�^Z;'o . state: (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described In the public works contract entitled: and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") declare under penalty of perjury that the foregoing is true and correct. Executed at CA0,_0G"J C`1Fq3%P5_ on this t;_ day of .20flt --- (Location) 9:followuplCashcontcashcon2.doc procedure #15 aE NIFER Mc(312ATH, Ch'A tcy trap $nttpb � 43 eputy City Attorney / I, CONTRACTOR'S CERTIFICATE state and certify that: (Name of t- 2 T-,7— GC �pR�' the general contractor to the City of Huntington Beach ("City") on Contract No. L ice (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of tl `e Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 1--I old E- 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"): tQ-D t.,-� I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at CJP—'o0-fF on this I day of 7Z>df C— 2004. APPROVED AS TO FORM By: �( �� V_�- 1 �/b 1lJ 3 • Zo o� Name: [Type Name] Title: [Type Title] - tP.e JE 5 245914.1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: "Z�> G -- 4 3 &4 Proj ect: RL��f3RxZ ,�_> T- 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 1 S day of 20d,, at GR470GCalifornia. (Type Contractor Name) Title: [Type Title] uc:�tq0-1z.UA pew, b45x� io 7L-7Y US- 2b • 01,o 247542.1 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: !'�. P�R,rw T�"T �� _ ►� �C- �-! �� Project: REG'z:Ay ST" mew". C3.fa~.-sr'n' The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this I S day of _D6 C , 200(o, at G d,,e; oaJ6Fwk—California. (Type Contractor Name) By: N Name: [Type Name] Title: [Type Title] n/Oc' _L. 3-_2�6-CP 245911.1 1 Consent of Surety Release of Retention/final Payment AU Document G 707 Bond No. CE 4532 To Owner: City of Huntington Beach General Contractor: 2000 Main Street Nobest Incorporated Huntington Beach, CA 92648 P.O. Box 874 Westminster, CA 92684 Contract For. Reconstruction of Rembrandt Drive, MSC-434 In accordance with the provisions of the Contract between the General Contractor and the Owner as indicated above, the Contractors Bonding and Insurance Company I I I Pacifica Irvine, CA 92618 Surety, on bond of Nobest Incorporated P.O. Box 674 Westminster, CA 92684 General Contractor, does hereby approve of the Owner's payment of Final Payment and/or Payment of Retention to the General Contractor, and agrees that said Final Payment and/or Payment of Retention to the General Contractor shall not relieve the Surety of any of its obligations to City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Owner, as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: December 13, 2006. Contractors Bonding and Insurance Company ow, a. P", • Rapp AttorneV in Fact ACKNOWLEDGMENT State of Califomia County of Orange 0 n 12 / 13 / 2 0 0 6 before me, A. P. Coats, Notary Public (here insert name and tifie of the officer) personally appeared Douglas A. Rapp personally known to me (or 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. WITNESS my hand and official seal. A.P. COATS-1 Signature [Lis *T 2.g (Seal) RECEIVED BY: (Name) (Date) Ri 0 CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signingidating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari eidenrich, City Treasurer FROM: DATE: — /0 Aox SUBJECT: Bond Acceptance have received the bonds for ��ST (CoMpany Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. W. uJ1%A4-,J1-1 Re: Tract No. CC No. MSC No. Approved (C uncil Approval ate) Agenda Item No. City Clerk Vault No. #27 g:/followup/bondletter.doc Contractors Bonding and Insurance Company Bond No. CE 4532 (Maintenance & Warranty) Maintenance & Warranty Bond KNOW ALL MEN BY THESE PRESENTS, That we, Nobest Incorporated, as Principal, and Contractors Bonding and Insurance Company, a Corporation organized and exiting under the laws of the State of Washington, and authorized to do business as a Surety in the State of California, as Surety, are held and firmly bound unto the City of Huntington Beach, as Obligee, in the amount of One hundred thirty six thousand two hundred sixty one and 00/100Dollars ($136,261.00), good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, and assigns, jointly and severally, firmly by these presents. Signed and sealed this 13`h day of December, 2006. WHEREAS, the above bounded Principal has agreed to provide a one (1) year warranty for workmanship and materials related to Reconstruction of Rembrandt Drive, MSC- 434. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounded Principal shall well and truly keep, do and perform, each and every, all and singular, the matter an things provided in the one (1) year warranty and shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation shall be null and void, otherwise, to be and remain in full force and effect for a period of one (1) year from the date of project acceptance by the Obligee. Nobest Incorporated ki G- P -A' "'L, Dougl . Rapp Attome in Fact ACKNOWLEDGMENT State of : California County of Orange On r 2-4S—b1 , befpre me Ray E. Anderson/Notary Public , Date Name and Tide of Officer (e.g., "Jane Doe, Notary Publid') personally appeared Larry Nodland Name(s) of Signer (s) KAY E. ANOERSON H comm. #1579663 0 U WTMYK tIC.c"oRl+lu► -4 OR,wce courrry Mycam.6g6UAmi&2= Place Notary Seal above N personally known to me (] 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. WITNESS my hand and official seal State of California County of Orange On 12/13/2006 ACKNOWLEDGMENT before me, A. P. Coats, Notary Public (here insert name and tifie of the officer) personally appeared Douglas A. Rapp personally known to me (or 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/shelthey executed the same in his/her/their authorized capacity(ies), and that by Lis/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. r.•� A.P. COATS COMM ... 1498145 m w Signature(4 *ORAW CUM yZ= I +r.w a rnr (Seal) �a°a o 'ova L°coo°o°o°m"- 09e0eo pe Daa Ovo ^pa pg44A4d000Oeg�radOSe00��ap�0e:eed��43�tsdk 00000<°D°S°�°000popOpCpOpOeooseoeoo0pOp0°dbo°c° °o4o0pp86o0pco LLL°e° 0� joop ee0oo°e'°o °0e.r eo°evo a°0°ce°c°m° o° °eepep°e°e o' ° eO Q°°'�A `6� B °�� Oe°v0 0°"► 4`a�o �e� °Oe0 and Number CE 4532 (Warranty) ignedand sealed this 1 3th day of December 2006 R. Kirk Eland, Secretary CBIC • 1213 Valley Street • P.O. Box 9271 • Seattle; WA 98109-0271 (206) 622-7053 a (800) 765-CBIC (Toll Free) . (800) 950-1558 (FAX) -- PoaLPOMP-US051104 RCA ROUTING SHIET Works INITIATING DEPARTMENT: Public Works SUBJECT: Award Contract for the Construction of Rembrandt Drive, MSC-434 COUNCIL' MEETING DATE: June` 19, 2006 Ordinance (w/exhibits & legislative draft if applicable) Attached El Not Applicable E Resolution (w/exhibits & legislative draft if applicable) Attached El Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached Not Applicable (Signed in full by the City Attome ) Subleases, Third Party Agreements„ etc. Attached Not Applicable El (Approved as to form by City Attomey) Certificates of Insurance (Approved b the City Attome ( hp Y Y Y) Attached Not Applicable p' Fiscal Impact Statement (Unbudget, over $5,000) Attached Not Applicable El E Bonds (If applicable) Attached Not A licable El Staff Report (If applicable) Attached Not Applicable ❑' Commission, Board or Committee Report If applicable) p ( pp ) Attached .Not Applicable ❑ Find in s/Conditions for Approval and/or Denial g pP Attached Not Applicable El E EXPLANATION; FOR MISSING A'I TET Administrative Staff Assistant CityAdministrator (Initial) CityAdministrator (initial) City Clerk EXPLANATION FOR RETURN OF ITII., KGA Author: J Churchill Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder II I11111111111111111111111111111111111111111111111111111111111111111111NO FEE 200600077998511:49am 11/17/06 120 91 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Jason J. Churchill P.O. Box 190 - 2000 Main Street Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 1 92648, that the contract heretofore awarded to Nobest Incorporated who was the company thereon for doing the following work to -wit: lv Reconstruction of Rembrandt Drive, MSC - 434 That said work was completed November 13, 2006 by said company according to plans and specifications and to the satisfaction of the City Engineer of the.City of Huntington Beach and that said work was accepted by the Director of Public Works on November 13, 2006, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Contractors Bonding and Insurance Company was surety for the bond given by the said company as required bylaw. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this November 13, 2006. { Director of Public Wo s or City Engineer City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in .fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this November 13, 2006.. e Director of Public Works or City Engineer City of Huntington Beach, California - -RALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NOBEST, INC. FOR CONSTRUCTION OF STREET IMPROVEMENTS TABLE OF CONTENTS PagNo. 1. STATE OF WORK; ACCEPTANCE OF RISK 2 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS - 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 5 5. TIME OF THE ESSENCE 5 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 7' 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES ` 10 14. PROGRESS PAYMENTS 11 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 - 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYERS' LIABILITY INSURANCE` 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 16 26. NON -ASSIGNABILITY 17 27. CITY EMPLOYEES AND OFFICIALS 17 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 06-337/2902 1 FEDERALLYFUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN - THE CITY OF HUNTINGTON BEACH AND NOBEST, INC. FOR CONSTRUCTION OF STREET IMPROVEMENTS TABLE OF CONTENTS, continued Pave No. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 19 34. INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 20 36. DUPLICATE ORIGINAL 20 . 37. CONSENT 20 38. COMPLIANCE WITH APPLICABLE REGULATIONS 20 39. MINIMUM WAGES 22 40. PREVAILING WAGE LAW 25 41. WITHHOLDING 25 42. HEALTH AND SAFETY 26 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 27 44. APPRENTICES AND TRAINEES 27 45. PAYROLLS AND BASIC RECORDS 29 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES 32 47.` SUBCONTRACTS 32 48. FEDERAL PARTICIPATION 32 - 49. DAVIS-BACON ACT 33` 50. DISPUTES CONCERNING LABOR STANDARDS 33 51. CERTIFICATION OF LIABILITY 3 52 DISCRIMINATION, MINORITIES, ALIENS 34 53. EQUAL EMPLOYMENT OPPORTUNITY 34 54. COPELAND "ANTI -KICKBACK" ACT 35 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 35 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTRACT ACT 36' 57. ENERGY CONSERVATION 37 58. HOUSING AND URBAN DEVELOPMENT 37 59. SUBCONTRACTS 37 60. CONTRACT TERMINATION; DEBARMENT 38 61. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES 38 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME REQUIREMENTS 38 63. ENTIRETY 39` 06-337/2902 11 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OFHUNTINGTON BEACH AND NOBEST INC. FOR CONSTRUCTION OF STREET IMPROVEMENTS THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and NOBEST, 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 construction of street improvements on Rembrandt Drive, including replacement of sidewalk, curb and asphalt in the City of Huntington Beach; and The PROJECT to which the construction work covered by this Agreement' pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Agreement pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section' 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low - Income Persons; Section 3>contract clauses, the work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing and CONTRACTOR has been selected and is to perform said work; agree/forms/federal CDGB 4-03 1 0 0 NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT 'pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be agree/forms/federal CDGB 4-03 2 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 CONTRACTORand its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate' in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office :of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); agree/forms/federal CDGB 4-03 `` 3 0 F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 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 One Hundred Forty Thousand Dollars, Two Hundred Forty Two Dollars and fifty cents ($140,242.50), 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 agree/forms/federal CDGB 4-03 4 within twenty (20) consecutive working daysfrom 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,' 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 agree/forms/federal CDGB 4-03 5 of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. agree/forms/federal CDGB 4-03 6 0 In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total I 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 agree/forms/federal CDGB 4-03 7 • the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500.00) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair 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, quarantinerestrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes.; CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of agree/forms/federal CDGB 4-03 8 0 CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension -shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by '- other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physicalconditions at the job site differing materially from those indicated in this Agreement or the Contract Documents or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable agree/forms/federal CDGB 4-03 9 • i adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. ` VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant: 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be agree/forms/federal CDGB,4-03 1 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 satisfactoryprogress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (1001/0) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by; CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of any part of the work. 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 byCITY to ensure performance under the terms of this Agreement. agree/forms/federal CDGB 4-03 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of _ the CONTRACTOR, any subcontractors, anyone directly or indirectly .employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense agree/forms/federal CDGB 4-03 12 and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy, limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section ` 3700et seq, of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability- insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation' and employer's liability ; insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of; the workers' compensation and employer's _ liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public 'liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their- duties, against any and all claims arising out or in connection with the 'PROJECT, and shall provide coverage in not less than the following agree/forms/federal-CDGB 4-03 13 amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit. _must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance -contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE;• ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully, completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all agree/forms/federal CDGB 4-03 14 the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a , separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work ` hereunder with diligence, or fails to complete the work within the time -specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the ContractDocuments, 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. agree/forms/federal CDGB 4-03 ' 1 If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further costa 26. NONASSIGNABILITY CONTRACTOR shall not, sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. agree/forms/federal CDGB 4-03 16 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or; employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES- RECOVERY OF ADMINISTRATIVE COSTS CITY 'shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar - legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred, against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates,or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove)` or to CITY as the situation shall' warrant, or; by enclosing the same in a sealed envelope, postage prepaid, ,and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY' and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: agree/forms/federal CDGB 4-03 17 • TO CITY: TO CONTRACTOR: City of Huntington Beach Mike Lewis ATTN: Director of Public Works Nobest, Inc. 2000 Main Street P.O. Box 874 Huntington Beach, CA 92648 Westminster, CA 92684 30.: SECTION HEADINGS The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall; in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that 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. agree/forms/federal CDGB 4-03 18 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless- so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any ;present or future statute, law, ordinance or; regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision` of this Agreement which is hereby affected shall be curtailed and limited ,only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the, Stateof California. agree/forms/federal CDGB 4-03 19 • 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. COMPLIANCE WITH APPLICABLE REGULATIONS. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization orrepresentative of workers with which the CONTRACTOR has a 'collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. agree/forms/federal CDGB 4-03 20 i CONTRACTOR agrees to include the Section 3clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR' part 135. CONTRACTOR will not subcontract with any; subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees ` and ' understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,' termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and, Indian -owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and Section 7(b) agree to agree/forms/federal CDGB 4-03 21 • comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). 39. MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions ,made or costs reasonably anticipated for bona fide fringe benefits under Section. 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at , the rate specified for each agree/forms/federal CDGB 4-03 22 classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in whichworkis performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster(WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers. Any class of laborers or mechanics which is: not listed in the wage determination and which is ,to be employed under the Agreement shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only whenthe following criteria have been met' (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, 'including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the _ CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a' report of the action taken shall be sent by HUD or its ' designee to the Administrator of the Wage and Hour ;Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within agree/forms/federal CDGB 4-03 23 • the 30-day period that additional time is necessary. '(Approved by the Office of Managementand Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this Agreement from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the Agreement for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided that the Secretary of Labor has found, upon the written request of the CONTRACTOR, agree/forms/federal CDGB 4-03 24 that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program ,(Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 40. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. -Department of Housing and Urban Development ("HUD") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY`. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 41. WITHHOLDING." HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Laborwithhold or cause to be withheld from the CONTRACTOR under this Agreement or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of wages required by the Agreement. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or agree/forms/federal CDGB 4-03 25 • 0 under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the Agreement, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 42. HEALTH AND SAFETY. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to .his health standards promulgated by the Secretary of Labor by regulation: The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. agree/forms/federal CDGB 4-03 26 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 17738 of the California Labor Code; regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 44. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an ` apprentice in such an apprenticeship program, who is not individually' registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll, at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the. applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or, subcontractor's registered program shall be observed. agree/forms/federal CDGB 4-03 27 0 0 Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program doesnot mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless agree/forms/federal CDGB 4-03 28 0 the Administrator of the Wage and Hour Division determines that there is an apprenticeship' program associated with the corresponding journeyman wage -rate on the wage determination which provides for less than full fringe benefits for apprentices. Any ; employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. ' In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually` performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable ; predetermined rate for the work performed until an acceptable program is approved. 45. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of , contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 'l (b)(2)(B) of the Davis -Bacon Act), daily, and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount agree/forms/federal CDGB 4-03 29 i of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprenticesand trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) The CONTRACTOR shall submit weekly for each week in which any Agreement work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Agreement, but if the agency is not such a party, the CONTRACTOR will submit the, payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Agreement and shall certify the following: agree/forms/federal CDGB 4-03 30 That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(I) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Agreement during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29,CFR Part 3; That each laborer or mechanic has been paid not less than the; applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Agreement. The weekly submission of a properly executed- certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraphA.3.(ii)(b) of this section. The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231' of Title 31 of the United States Code: The CONTRACTOR or subcontractor shall make the records required under this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. if the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, agree/forms/federal CDGB 4-03 31 0 failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 47. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in Section 44 of this Agreement and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Section 44 48. FEDERAL PARTICIPATION. The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, agree/forms/federal CDGB 4-03 32 rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 49. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, et seq.) for ; each .craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to "comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 50. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this Agreement. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S.;; Department of Labor, or the employees or their representatives. 31. CERTIFICATION OF ELIGIBILITY. By entering into this Agreement, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is:a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this Agreement shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR agree/forms/federal CDGB 4-03 33 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant. to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of ..influencing in any way the action of such Administration ... makes, utters or publishesany statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 52. DISCRIMINATION, MINORITIES, ALIENS. CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 53. EQUAL EMPLOYMENT OPPORTUNITY; The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion,; creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. agree/forms/federal CDGB 4-03 34 Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout, their working life if they have a thirty percent (30%)°or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the City with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 54. COPELAND"ANTI-KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 55. CONTRACT WORK HOURSAND SAFETY STANDARDS ACT. The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR,' part 5). Under -Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work agree/forms/federal GDGB 4-03 35 0 in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section'107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. As used in this section, the terms "laborers" and "mechanics" include watchmen and guards. 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal 'Activities, EPA, agree/forms/federal CDGB 4-03 36 indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this ' section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 57. ENERGY CONSERVATION. Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the EnergyPolicy and conservation Act (42 USC Section 6201, et seq. ). 58. HOUSING AND URBAN DEVELOPMENT. CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development ` and complete any and all reports and forms that may be required in accordance therewith. 59. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontractsthe clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Agreement clauses in 29 CFR Part 5.5. agree/forms/federal CDGB 4-03 37 • 60. CONTRACT TERMINATION; DEBARMENT. A breach of the Agreement clauses in 29 CFR 5.5 may be grounds for termination of the Agreement, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 61. COMPLAINTS PROCEEDINGS OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other 'labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME REQUIREMENTS. A. No CONTRACTOR or subcontractor contracting for any part of the Agreement work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. agree/forms/federal CDGB 4-03 38 a B. Violation; Liability for Unpaid Wages -,Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (A) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable- to the United States (in the case of work done undercontract for the Distract of Columbia or a territory, to such District or, to such territory), for liquidated' damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (A) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 63. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this: Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge > and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's agree/forms/federal CDGB 4-03 39: 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers "-'yG-/t1 f' / 9 20 0/, ,• - NOBEST, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By:, k,Lam LN&13 Preside t AND Mayor By: �-"� !jam. Robert Nodland, Secretary Cvy Clerk REVIEWS AND APPROVED: JPPR09VED AS TO FORM: City Admi trator City Attorney $ It 7 loL D A APPROVED: Director of Public Works agree/forms/federal CDGB 4-03 40' SECTION C PROPOSAL for the RECONSTRUCTION OF REMBRANDT DRIVE MAINTENANCE SERVICE CONTRACT #-434 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work thereinto 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 twenty (20) 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 Biddersand all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid` is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices' bid include all appurtenant expenses, taxes, royalties,; fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 NC - 434 Project Bid Sche&le bnow REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS 1 5,224 INCL.) AT i,+e. Eu C c PER SF� 2 6,530 PARKWAY EXCAVATION AT 7c— `j1jLt PER SF ; i , 6&0, 16 REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY 3 AT GC es PER EA. � , &� f 14 REMOVE/REPLACE WATER METER BOXES �. , 4 `AT c CKe,. PER EA. sO Q REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS 1,306 INCL.) AT �CdS PER LF °® 5 1,306 REMOVE/DitPOSE OF ASPHALT CONCRETE (Gutter Slot) PER LF k jr 51 -e : 1,400 REMOVE/DISPOSE OF P.C.C. DRIVEWAY AT Zito ,(44 'S PER SF 2-. c^ Z�t C9 v 7 1,323 REMOVE/DISPOSE OF EXISTING CROSS GUTTER AT (� C'zur�i PER SF 5-0 Z 3,367, 8 5 c� . 738 REMOVE/DISPOSE OF SPAND AL, AT t L F` PER SF 9 :f CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 10 1,306 202) _ AT i e� �� PER LF Z 11400 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) AT : (v-- Glow, PER SF S. e 7000..� 11 5,224 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) t(, ?— 9'76. 12 AT i�G�o'S PER SF �� ! 49 CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT) AT ��c% �G&,5 PER TON 15-5 13 CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP 14 6 A88A) ATc-tsclv-Lj 71r.�wt� 'C PER EA. ` K VO f 738 CONSTRUCT SPANDRAL (per Standard Plan 205), AT ' )' -e PER SF E� 15 Il .5. 16 1,323 CONSTRUCT CROSS GUTTER (per Standard Plan 205) AT .eta,' v`e PER SF FURNISH/INSTALL ROOT BARRIER'(2) EACH LOCATION 16" (per Standard Plan� 171_8) AT T,-�. ZiZ PER Lot. 17 16 PLACE NEW PARKWAY TOP OIL AND RESEED `j100 18 AT ^C~r- LL PER EA. 19 . 3,265 COLD PLANE _ AT V eAA PER SF c AC- 43 4 Project Bid Schule Total Amount Bid in Figures: $2 LI7 .7 Total Amount Bid in Words: If awarded the Contract,* undersigned agrees that in the ever the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find BLn Out in the amount of $ la°J► which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words 'Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: 0 LIST OF SUBCONTRACT In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 WONCOLLUSION AFFIDAVO TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange l b , being first duly sworn, deposes and says that he or she is O s t of W 4--s T L rc! . the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine` and not 'collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a< sham bid, or that anyone shall' refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against` the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signa e of Bdd Address of Bidder 9 2,684 Subscribed and sworn to before me this day of f .200b. KAYLANDERNM F comm.91579W3 O A Hor -4 NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the RECONSTRUCTION OF REMBRANDT DRIVE, MAINTENANCE SERVICE CONTRACT # 432 (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 Commissionorders, 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. - Contractor By TT' Title Date: 5--Z-5—ofo C-5 DISWALIFICATION QUESTIONOIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder,any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes Or -No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a`signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COM*NSATION INSURANCE CEAF'ICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor By Title Date: C-7 ERGROUND SERVICE ALOT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires aDig Alert' Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: V '1` J Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDERS INFORMATION BIDDER certifies that the following information is true and correct: ,A10B i- Vic• Bidder Name ®, Bofc �Z Business Address w, City, State Zip (7/Y) qZ -_ SS63 Telephone Number 3Sq (622 State Contractor's License No. and Class �17Zip-, Original Date Issued Expiration Date The work site was inspected by M l If LkIJI S of our office on �1� , 20 0.0 The following are persons, firms, and corporations having a principal interest in this proposal: -=-ter- ODL -LcL �L C-9 The undersigned is prepa#o satisfy the Council of the City of I ington Beach of its ability, financially or otherwise, to perform the contract for the propose Pork and improvements in accordance with the plans and specifications set forth. Company Name j Si dde Printed or T ed Signature r; Subscribed and sworn to before me this 43 day of , 199 x KAYE.A Ct�l+i. 1#15 �187M wca�►�an.�a.aoca NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 5 4ME A-7T71C*z-D 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 NOBEST INCORPORATED REFERENCE LIST 1. 4. CITY OF ANAHEIM (MAINTENANCE DEPT.) $1,052000.00 Project: Concrete Replacement Contact: Craig Allen Phone: (714) 765-6935 2. COUNTY OF LOS ANGELES DEPT. OF PUBLIC WORKS S 342,500.00 Project: Curb Ramp Replacement Contact: Ray Green Phone: (626) 458-3122 3. CITY OF HUNTINTGTON PARK S 400,000.00 Project: Street Resurfacing Contact: Pat Fu Phone: (323) 582-6161 Ext. # 253 4. CITY OF NLANHATTAN BEACH S 647700.00 Project: Pavement Rehab. Contact: Mike Guerrero Phone: (310) 802-5355 5. CITY OF GARDEN GROVE $ 222,000.00 Project: Concrete Replacement Contact: Joe Gomez Phone: (714)'741-5385 Bond No.' Bid Bond BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Nobest Incorporated as Principal hereinafter called the Principal, and Contractors Bonding and Insurance Company a corporation duly organized under the laws of the state of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent (10%) of the total amount of the bid Dollars ($ i0% ), 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 Reconstruction of Rembrandt Drive Maintenance Service Contract NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for -which ' '�' Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligati'% shall be null and void, otherwise to remain in full force and effect Signed and sealed this 3rd day of May , 2006 Nobest Incorporated Witness Princi l Seal) By: Contractors Bo ding and Insurance Company Su (Seal) VWitness By: a v Linda D. Coats Attorney -in -Fact ORSC 21328 (5197) s CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On May 3, 2006 before me, Christine M. Rapp, Notary Public NAME, TrfLE OF OFFICER personally appeared Linda D. `Coats NAME OF SIGNER(S) Personally known to me - or - 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 EAL executed the same in his/her/their authorized capacity(ies), 9FTe""�"�.a�� N COMM. # 1494518 CHRlSTJNE M. RAl and that by his/her/their signature(s) on the.. instrument the ;U NOTARY PUBLIC-CALIFORNIA ; person(s), or the entity upon behalf of which the person(s) ORANGE COUNTY Cn MY Comm Expires JULY 9, 2008 acted, executed the instrument. " VATNESS my hand and official seal. r (SIGNATURE O NOTARY) OPTIONAL 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 INDNIDUAL/owNER ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT El PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-w FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ACKNOWLEDGMENT State of : California County of Orange On July 18, 2006 , befpre me Ray E. Anderson/Notary Public , Date Name and Title of Officer (e.g., "Jane Doe, Notary Public') personally appeared Larry Nodland & Robert Nodland II Names) of Signer (s) M personally known to me [ J 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. KAY L. ANDERSONcomm" v r #1ST 0 - WITNESS my hand and official seal Wcoam J"13:3 Sign ture of NotAy P lic Place Notary Seal above CITY OF H NTIN'GTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK September 12, 2006 JOAN L. FLYNN CITY CLERK Nobest, Inc. P. O. Box 874 Westminster, CA 92684-0874 Re: MSC-434 - Reconstruction of Rembrandt Drive 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 Declaration of Satisfaction of Claims and a Certificate of Compliance 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 536-5432. Sincerely, Joan L. Flynn City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g:followup\cashcont\cashcon-letter.doc ( Telephone: 714-536-5227) Waiver for deductible msc 434 8/8/2006 7:21 PM low DATE (MWDDNYYY) ACO �I ACOM CERTIFICATE OF LIABILITY INSURANCE 1 07/19/2006 PRoOUCER (949) 852-0909 FAX (.949) 852-1131 THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION M i I estone Insurance Brokers 8 Corporate Park, Ste 130 p ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine, CA 92606 Catherine Sar i ana INSURERS AFFORDING COVERAGE NAIC # INSURED Nobest, Inc. INSURER A: Landmark American Ins. Co. P.O. Box 874 INSURER B: Peerless Insurance Company Westminster, CA 92684 INSURER C: National Union Fire Ins. Co . PA INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY LHA128727 10/01 /2005 10/01 /2006 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,000 CLAIMS MADE � OCCUR MED EXP (Any one person) $ 5,000 A X B I Ded : $5 , 000 PERSONAL& ADV INJURY $ 1,000,000 X PD Ded : $5 , 000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PRO- JECT L� AUTOMOBILE LIABILITY CBP8072949 10/01 /2005 10/01 /2006 COMBINED SINGLE LIMIT X ANY AUTO .. (Ea accident) $ 1,000,000 BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) B HIRED AUTOS PPRO - BODILY INJURY $ NON -OWNED AUTOS (Peraccident) E V C IY PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ . $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY BE9033995 10/01 /2005 10/01 /2006 EACH OCCURRENCE $ 2,000,000 X OCCUR CLAIMS MADE - AGGREGATE $ 2,000,000 C $ $ DEDUCTIBLE X RETENTION $ 10, 00 $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT" -- $ ANYPROPRIETORIPARTNER/EXECUTIVE E.L. DISEASE -EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below orllER Leased/Rented CBP8072949 10/01/2005 10/01/2006 All Risk-100% Coin, Equipment B Equipment Floater 3% of individual item, $1,000 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS e: Reconstruction of Rembrandt Drive; MSC-434 ertificate Holder is added as an Additional Insured with Primary Wording per RSU15001 0903. giver of Subrogation applies per RSG14048 0903, TenDaysNotice for Non -Payment of Premium CERTIFICATE MOLDER` CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL *)WX ')4 MAIL C I p l of Huntington Beach, its agents, * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT employees, and officers Attn : Jason Church i I I XiX )RAXA �( tkXX AUX* � "XWM; b#4XWAMXX: 2000 Main Stsreet JFX�)6lQdlrXifdlaiJ mmdwjy&4(*N VMXXXXXXXX: Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE Catherine Sariana/CAS W Oat ACORD 25 (2001108) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy; certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) 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 FORM PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization City of Huntington Beach, its agents, officers and employees 2000 Main Street Huntington Beach, CA. 92648 Re: Reconstruction of Rembrandt Drive; MSC-434 As required by written contract Section IV — Conditions, 8. Transfer of rights of recovery against others to us: We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payment we make for injury or damage arising out of "your product" or "your work" done under a written contract with that person or organization and included in the "product -completed operations hazard".'This waiver applies only to the person or organization shown in the SCHEDULE above. This endorsement effective 10/01/2005 forms part of Policy Number LHA128727 issued to Nobest, Inc. RSG 14048 0903 } This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKET PRIMARY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: City of Huntington Beach, its agents, officers and employees RE: Reconstruction of Rembrandt Drive, MCS-434 Any person or organization to whom or to which you are obligated by virtue of a written contract or by the issuance or existence of a permit, to provide insurance such as is afforded by this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) SECTION II WHO IS AN INSURED is amended to include as an insured the person or organization shown in the SCHEDULE, but only with respect to liability arising out of "your work" for that insured by or for you. If you are required by a written contract to provide primary insurance, this policy shall be primary as respects your negligence and SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but only with respect to coverage provided by this policy. This endorsement effective 10/01/05 forms part of Policy Number LHA 128727 issued to Nobest, Inc. by Endorsement No.: RSG 150010903 (CG 2010 1185) Includes copyrighted material of Insurance Services Office, Inc. 1984 with its permission POLICYHOLDER COPY SG STATE P.O. BOX 420807, SAN FRANCISCO,CA 9414270807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-19-2006 GROUP POLICY NUMBER: 7693043-2005 CERTIFICATE ID: 32 CERTIFICATE EXPIRES: 10-01-2006 10-01-2005/10-01-2006 CITY OF HUNTINGTON BEACH SG' JOB:RECONSTRUCTION OF REMBRANDT DR ATTN: JOSSON CHURCHILL MSC-434 _2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer. We will also give you 30days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. THORIZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1000,000 PER OCCURRENCE. ENDORSEMENT #1600 - LARRY NOOLAND'PRESIDENT TREASURER - EXCLUDED. ENDORSEMENT #1600 ROBERT NODLAND VICE PRESIDENT SECRETARY EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2008-07-19 IS __,ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF HUNTINGTON BEACH EMPLOYER NOBEST, INC. SG PO BOX 874 WESTMINSTER CA 92684 (B10,SG1 IREv.2-05i PRINTED :: 07-19-2006 ' 0 Bond # CE 4532 Premium: $1,402.00 PERFORMANCE BOND The American Institute of Architects, AiA Document No. A312 (December, 1984 Edition) Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address) Nobest Incorporated City of Huntington Beach P.O. Box 874 2000 Main Street Westminster, CA 92684 - b% Huntington Beach, CA 92648 CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business): Date: July 18, 2006 Contractors Bonding and insurance Company 111 Paafica, Suite 350 Amount $_140,242.50 Irvine, CA 92618 Description (Name and Location): Reconstruction of Rembrandt Drive (MSC-434) BOND Date (Not earlier than Construction Contract Date): July 18, 2006 Amount $ 140,242.50 Modifications to this Bond: None p See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Nobest Incorporated Contractors Bonding and Insurance Company Signature: Signature: Name and Title: 1J0 E las A. Rapp Name and Title:. 9 (Any additional signatures appea on page 2.) Attorney in Fact (FOR INFORMATION Only Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER: Coats/Rapp Surety Services party): 23461 South Pointe Dr. Ste 345 Laguna Hills, CA 92653 Ph:949-457-1060 Fax:949-457-1070 3.3 The Owner has agreed to pay the Balance of the Contract Price 1 The Contractor and the Surety, jointly and severally, bind them- to the Surety in accordance with the terms of the Construction selves, their heirs, executors, administrators, successors and assigns Contract or to a contractor selected to perform the Construction to the Owner for the performance of the Construction Contract, which Contract in accordance with the terms of the contract with the is incorporated herein by reference. Owner. 2 If the Contractor performs the Construction Contract, the Surety and 4 When the Owner has satisfied the conditions of Paragraph 3 the the Contractor shall have no obligation under this Bond, except to par- Surety shall promptly and at the Surety's expense take one of the ticipate in conferences as provided in Subparagraph 3.1. following actions: 3 if there is no Owner Default/ the Surety's obligation under this Bond 4.1 Arrange for the Contractor with consent of the Owner, to shall arise after perform and complete the Construction Contract; or 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is con 4.2 Undertake to perform and complete the Construction Contract sidering declaring a Contractor Default and has requested and Itself, through its agents or through independent contractors; or attempted to arrange a conference with the Contractor and the 4.3 Obtain bids or negotiated proposals from qualified contractors Surety to be held not later than fifteen days after receipt of such acceptable to the Owner fora contract for performance and com- notice to discuss methods of performing the Construction Contract, pletion of the Construction Contract, arrange for a contract to be If the Owner, the Contractor and the Surety agree, the Contractor prepared for execution by the Owner and the contractor selected shalt be allowed a reasonable time to perform the Construction Con- with the Owners concurrence, to be secured with performance tract, but such an agreement shall not waive the Owners right, if and payment bonds executed by a qualified surety equivalent to any, subsequently to declare a Contractor Default; and the bonds issued on the Construction Contract, and pay to the 3.2 The Owner has declared a Contractor Default and formally Owner the amount of damages as described in Paragraph 6 in terminated the Contractoes right to complete the contract. Such excess of the Balance of the Contract Price incurred by the Owner Contractor Default shall not be declared earlier than twenty days resultingfrom the Contractor's default; or after the Contractor and Surety have received notice as provided APPROVED AS MTOX in subparagraph 3.1; and Page 1 of 2 J NNI ER WGRATH, City Attorney yf �D f � k 4.4 Waive it's right to perform and complet*range for completion, accrue on this Bond tot* person or entity other than the Owner or Or obtain a new contractor and with reasonable promptness under its heirs, executors, administrators or successors_ the circumstances: 8 The Surety hereby waives notice of any change, including changes .1 After investigation, determine the amount for which it may of time, to the Constriction Contract or to related subcontracts, be liable to the Owner and, as soon as practicable after purchase orders and other obligations. the amount is determined, tender payment therefor to the 9 Any proceeding, legal or equitable, under this Bond may be Owner, or instituted in any court of competent jurisdiction in the location in which .2 Deny liability in whole or in part and notify the Owner citing the work Or part Of the work is located and shall be instituted within reasons therefor. two years after Contractor Default or within two years after the Con- 5 If the Surety does not proceed as provided in Paragraph 4 with tractor ceased working or within two years after the Surety refuses reasonable promptness, the Surety shall be deemed to be in default or fads to perform its obligations under this Bond, whichever occurs on this Bond fifteen days after receipt of an additional written notice first. if the provisions of this Paragraph are void or prohibited by law, from the Owner to the Surety demanding that the Surety perform its the minimum period of limitation available to sureties as a defense Obligations under this Bond', and the Owner shall be entitled to enforce in the jurisdiction of the suit shall be applicable. any remedy available to the Owner. if the Surety proceeds as provided 10 Notice to the Surety, the Owner or the Contractor shall be mailed in Subparagraph 4.4. and the Owner refuses the payment tendered or delivered to the address shown on the signature page. or the Surety has denied liability, in whole or in part, without further 11 When this Bond has been furnished to comply with a statutory or notice the Owner shall be entitled to enforce any remedy available other legal requirement in the location where the construction was to the Owner. to be performed, any provision in this Bond' conflicting with said statu- 6 After the Owner has terminated the Contractor's right to complete tory or legal requirement shall' be deemed deleted herefrom and the Construction Contract, and if the Surety elects to act under provisions conforming to such statutory or other legal requirement Subparagraph 4.1. 4.2, or 4.3 above, then the responsibilities of the shall be deemed incorporated herein. The intent is that this Bond shall Surety to the Owner shall not be greater than those of the Contractor be construed as a statutory bond and not as a common law bond. under the Construction Contract, and the responsibilities of the owner 12 DEFINITIONS to the Surety shall not be greater than those of the Owner under the 12.1 Balance of the Contract Price The total amount payable by Construction Contract. To the limit of the amount of this Bond, but the Owner to the Contractor under the Construction Contract after subject to canmitment by the Owner of the Balance of the Contract all proper adjustments have been made, including allowance to Price to mitigation of costs and damages on the Construction the Contractor of any amounts received or to be received by the Contract, the Surety is obligated without duplication for: Owner in settlement of insurance or other claims for damages to 6.1 The responsibilities of the Contractor for correction of defer- which the Contractor is enticed, reduced by all valid and proper tive work and completion of the Construction Contract; payments made to or on behalf of the Contractor under the Construction Contract. 6.2 Additional legal design professional and delay costs resulting 12.2 Construction Contract The agreement between the Owner from the Contractor's Default, and resulting from the actions or' and the Contractor identified on the signature page, including all failure to actof the Surety under Paragraph 4; and Contract Documents and changes thereto. 6.3 Liquidated damages, or if no liquidated damages are speci- 12.3 Contractor Default: Failure of the Contractor, which has neither fied in the Construction Contract. actual damages caused by been remedied nor waived, to perform or otherwise tocomply delayed performance or non-performance of the Contractor. the terms of the Construction Contract. 7 The Surety shall not be liable to the Owner or others for obligations 12.4 Owner Default' Failure of the Owner, which has neither been of the Contractor that are unrelated to the Construction Contract and remedied nor waived, to pay the Contractor as required by the the Balance of the Contract Price shall not be reduced or set off on Construction Contract or to perform and complete or comply with account of any such unrelated obligations. No right of action shall the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY (Corporate Seal) Company: Company: Address: Address: Name and Title: Name and Title: Signature: Signature: ORSC 22119 (10-93) Pacte 2 of 2 CALIFORNIA ALL - APOSE ACKNOWLEDGME State of California County of Orange On ML 1$ 2MG before me, A.P. Coats, Notary Public NAME, TITLE OF OFFICER personally appeared Douglas A. Rapp NAME OF SIGNMS) Q Personally known to me - or - 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 capaoity(ies), -. and that by his/her/their signature(s) on the instrument the A.A. COATS e person(s), or the entity upon behalf of which the person(s) j a My acted, executed the instrument. 1VgrTNr1t E* MY Z am WITNESS m d and official seal. (SIGNA OFNOTAR OPTIONAL 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 ; ❑ INDIVIDUALJOWNER ❑ CORPORATE 4FFICER TITLE(S) TITLE OR TYPE OF DOCUMENT El PARTNER(S) ❑ LMrrED ❑ GENERAL NUMBER OF PAGES ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EDT M(IES) 0 Bond # CE 4532 PAYMENT BOND Premium: Included The American institute of Architects, AIA Document No. A312 (December, 1984 Edition). Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Nobest Incorporated Contractors Bonding and Insurance Company P.O. Sox 874 111 Pacifica, Suite 350 Westminster, CA 92684 Irvine, CA 92618 OWNER (Name and Address): City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 CONSTRUCTION CONTRACT Date: July 18, 2006 Amount: $140,242.50 Description (Name and Location): Reconstruction of Rembrandt Drive (MSC-434) BOND Date (Not earlier than Construction Contract Date); July 18, 2006 Amount: $140,242.50 Modifications to this Bond: N None ❑ See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Nobest Incorporated Contractors Bonding and Insurance Company Signature: Signature: Name and Title; A+ a O — 1 � S Rapp Name and T4tto Fad (Any additional sicanatures appeW on ge (FOR INFORMATION ONLY —Name, Address and Telephone) ' OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER: CoaWRapp Surety Services Party)' 23461 South Pointe Dr. Ste 345 Laguna Hills, CA 92653 Ph:949-457-1060 Fax:949-457-1070 1 The Contractor and the Surety, jointly and severally, bind them- 4.1 Claimants who are employed by or have a direct contract with the selves, their heirs, executors, administrators, successors and assigns Contractor have given notice to the Surety (at the address described to the Owner to pay for labor, materials and equipment furnished for in Paragraph 12) and sent a copy, or notice thereof, to the Owner„ use in the performance of the Construction Contract, which is incor- stating that a claim is being made under this Bond and, with sub- porated herein by reference stantial accuracy, the amount of the claim. 2 With respect to the Owner, this obligation shall be null and void if 4.2 Claimants who do not have a direct contract with the Contractor: the Contractor. .1 Have famished written notice to the Contractor and sent a copy, 2.1 Promptly makes payment, directly or indirectly, for all sums due or notice thereof, to the Owner, within 90 days after having last Claimants, and performed labor or last furnished materials or equipment included 2.2 Defends, indemnifies and holds harmless the Owner from in the claim stating, with substantial accuracy, the amount of the claims, demands, liens or suits by any person or entity whose claim and the name of the party to whom the materials werefur- claim, demand, lien or suit is for the payment for labor, materials nished or supplied or for whom the labor was done or perforr; or equipment furnished for use in the perfonnnance of the Construe- and tion Contract, provided the Owner has promptly notified the Con- .2 Have either received a rejection in whole or in part from the Con- tractor and the Surety (at the address described in Paragraph 12) tractor, or not received within 30 days of furnishing the above notice of any claims; demands, liens or suits and tendered defense of any communication from the Contractor by which the Contractor such claims, demands, liens or suits to the Contractor and the has indicated the claim will be paid directly or indirectly; and Surety, and provided there is no OwnerOefaulL .3 Not having been paid within the above 30 days, have sent a 3 With respect to Claimants, this obligation shall be null and void If written notice to the Surety (at the address described in Paragraph the Contractor promptly makes payment, directly or indirectly, for all 12) and sent a copy, or notice thereof, to the Owner, stating that sums due. a claim is bein made underthis the previous Bond and enclosing a copy of 4 The Surety shall have no obligation to Claimants under this Bond unto: J IF MCC °�' , City Attorney ACKNOWLEDGMENT State of : California County of Orange On July 18, 2006 , befpre me Kay E. Anderson/Notary Public , Date Name and Title of Officer {eg., "Jane Doe, Notary Public'), personally appeared Larry Nodland Name(s) of Signer (s) M personally known to me [ ] 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), KAY E ANDERSON A comm. #1 579663 t- or the entity upon behalf of which the NOTA rPueue.c FOOM n ORANGE COUNTY -4 person(s) // acted executed the instrument. W C*M &0W JWWW 13. 20DB WITNESS my hand and official seal /- 'I . 0.--- - Signat eo i otary lic Place Notary Seal Above 5 If a notice required by Paragraph 4 is givenoe Owner to the Con- Paragraph are void oreibited by law, the minimum period of limi- tractor or to the Surety, that is sufficient compliance. ° tation available to sureties as a defense in the jurisdiction of the suit 6 When the Claimant has satisfied the conditions of Paragraph 4, the shay be applicable. Surety shall promptly and at the Surety's expense take the following 12 Notice to the Surety, the Owner or the Contractor shall be mailed actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. disputed . 13 When this Bond has been furnished to comply with a statutory or 6.2'Pay or arrange for payment of any undisputed amounts. other legal requirement in the location where the construction was 7 The Surety's'total obligation shad not exceed the amount of this to be performed, any provision in this Bond conflicting with said statu- Bond, and the amount of this Bond shall be credited for any payments tory or legal requirement shall be deemed deleted herefrorn and made in good faith by the Surety. provisions conforming to such statutory or other legal requirement 8 Amounts owed by the Owner to the Contractor under the Construct tion Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Parlor- manse Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. performance of the Construction Contract are dedicated to satisfy obii- 15 DEFINITIONS gaions of the Contractor and the Surety under this Bond, subject to Vie Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, pur- chase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without imi- taton in the terms "labor, materials or equipment" that part of water, light,>heat, oil, gasoline, telephone service or qugasi power,agasol rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work or the Contractor and the Contractor's subcontractors, and all other items for which a mechanics lien may be asserted in the jurisdic- lion where the inlabor, materials or equipment were famished. between the Owner 15.2 Construction Contrail The he signature and the Contractor identified on the signature page, including all Contract Documents and changes thereto' required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last 15.3 Owner Default Failure of the Owner, which has neither been labor or service was performed by anyone or the last materials or remedied nor waived, to pay the Contractor as required by the Con - equipment were furnished by anyone under the Construction Con- struction Contract or to perform and complete or comply with the tract, whichever of (1) or (2) first occurs. # the provisions of this other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below fbr additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY (Corporate Seal) Company: (Corporate Seal) Company: Signature: Signature: Name and Title: Name and Title: Address: Address: Page 2 of 2 *CALIFORNIA ALL - APOSE ACKNOWLEDGME State of California County of Orafl On JUL 18 2W6 before me, A.P. Coats, Notary Public NAME, TITLE OF OFFICER personally appeared Douglas A. Rapp NAME OF SIGNER(S) Personally known tome - or- Proved to 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 helshe/they executed the same in hislheritheir authorized capacity(ies), ••,.....�.,.. and that by his/her/their signature(s) on the instrument the e MM .14P. 981 person(s), or the entity- upon behalf of which the person(s) F C011lalA...1498t+5 MM acted, executed the instrument. OUM cum to ter fam E+�. �h t 7o9e WrrNESS tnhand an fficial seal. (SIGNATURE OFNOTARI) OPTIONAL 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/OWNER ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED GENERAL NUMBER OF PAGES ❑ ATTORNEY -IN -FACT ❑' TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTUY(IES) RECEIVED BY: CITY CLERK RECEIPT COPY ReturnDUPLICATE to City Clerk's Office (Name) after signing/dating (Hate) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shar' Freidenrich, City Treasurer FROM: / _ DATE: G ,G SUBJECT: Bond Acceptance I have received the bonds for zi� (company Name) Faithful Performance Bond No. Z Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSG No. Approved 6/Agenda Item No. 4 (councr Appro al ate) City Clerk Vault No. 7 .. #27 glfollowuplbondletterdoc BIDDER'S NAME BANK . TOTA-LBLD"OMVT C0 "�7, s Vc 4. 5. $ 6. $ 7." $ 8. $ 10. $ 12. $ 13. $ 14. $ OECITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Joan Flynn Date: May 23, 2006 To: City Clerk's Once Project/C.C. No.: MSC 434 2000 Main Street Regarding: Reconstruction of Rembrandt Drive Huntington Beach, CA 92648 We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ❑ We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ElShop drawings ❑ Prints ElPlans ❑ Samples Elspecifications ❑ Copy of letter ❑ Change Order ® Other: Bid Proposals and Bid Bonds Item # Copies Pages I I Description 1 1 17 Nobest, Inc. - Original Bid Proposal 2 1 12 Elite Bobcat Services - D final Bid Proposal 3 1 19 Damon Construction Company- Original Bid Proposal 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Returning Bid Results Please contact me at extension 5042 with any questions you may have. c: file By: Jason Churchill, Street/Facility Supervisor D:\DOcumEms AND SETTINGS\cauRcaq\MY DocumEm\GRANTS Am) CONTRAcrs\CDB GRANT\06\MSC-434\TRANsmrrAL TO CLERK 434 BID R=LTS.DOC • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 12, 2006 Elite Bobcat Service 1320 E. Sixth, Ste. 100 Corona, CA 92879-1785 RE: MSC-434 - Reconstruction of Rembrandt Drive Enclosed please find your original bid bond for MSC-434. Sincerely, Joan L. Flynn City Clerk JF:pe enclosure 6- S g:/followup/cashcont/returnbidbond.doc procedure #13 (Telephone: 774536-5227) CITY CLERK ,� CITE CLERK ' �.ITY OF OITY OF CITY CLERK Hli # ..; OTONi TEACH c;ITY OF NUN ; u GTON � EACH HUNT kIGT0N P E A C 01 M M v INC. M ; ELITE BOBCAT SERVICE .' GENERAL ENGINEERING 1320 E. SIXTH, SUITE 100 • CORONA, CA 92879 cv ; Tel: (951) 279-6869 • FAX: (951) 279-6832 N ?^ ~Wf nn l� urk 1-t�n geac L uan .0 m6tw,8i- iJy-e Y'�c�►-��-e��nc.ae S,¢rvicR C-cx-,'�rzx�-r— ��34,, y SECTION C PROPOSAL for the RECONSTRUCTION OF REMBRANDT DRIVE MAINTENANCE SERVICE CONTRACT # 434 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within twenty (20) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. - BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid,'unit prices shall govern over extended amounts, and words shall govern over figures. C-t MSC - 434 Project Bid Schedule }. rra ^,u sty .r hi�i �c"t .'rt r> x.3 x,` R,.4jz�rz '`s s> '`s sm ` {S �z'��.-r�rc°��;� ��zY sz*.'"` &✓ 5.� xa� `ri x�,..�9�7'e'.SraYvr' t G' s *"` ��frs"'c k'st r`Y s�'y� i< �`' ;s ��rX`�w':.� J` REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS ®d -5,224 INCL.) 2 / 1 ATPER SF 6,530 PARKWAY EXCAVATION p 2 AT 1 egK�e PER SF _/Ov 16 REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY PER EA. 0a Q 41P 3 AT 14 REMOVE/REPLACE'WATER METER BOXES' 3 m0 Z ®d 4 ATPER EA.' REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS 1,306 INCL.) / PER LF t5"�- l 5 AT , 'r' pa -lid 1,306 REMOVE]DISPOSE OF ASPHALT CONCRETE (Gutter Slot) 6 AT ®.4 PER LF 1,400 REMOVE/DISPOSE OF P.C.C. DRIVEWAY �' 9�®0 7 AT Lil/� PER SF® 1,323 REMOVE/DISPOSE OF EXISTING CROSS GUTTER 8 AT y✓ln/ /%®'�% f PER SF 738 REMOVE/DISPOSE OF SPANDR L. 9 AT .tiiyyc% PER SF CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 1,306 202) Z Z8l732 10 AT ,fir" Gam® PER LF 1,400 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) AT e% `y 0' 11 /�©t�.�c PER SF .5-6 5,224 CONSTRUCT' P.C.C. SIDEWALK (per Standard Plan 207) ��/ PER SF / �® 12 AT l' S 1r 49 CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT) PER o 13 AT 4Je TON CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP- 6 A88AT A)�® Z Z X" 0�3,�®' 14 /l!lC7U D� PER EA. c.�/ 738 CONSTRUCT SPANDRAL (per Standard Plan 205) e2`9�/. 15 Al_6,6C cER SF 1,323 CONSTRUCT 'CR SS GUTTER (per Standard Plan 205) —45F! 930Z 16 AT s �, e,'' SF r� FURNISH/INSTALL ROOT BARRIE (2) EACH LOCATION y Z Od- 16 (per Standard Plan 718) .Z o®r 17 ATG>o,�,�✓��1d lciiQs PER Lot. 16 PLACE NEW PARKWAY TOP SOIL AND RESEED _ S� _ 18 AT 1/' PER EA. 3,265 COLD PLANE SF MO 434 Project Bid Scheco PREPARE PRE -CONSTRUCTION CORNER RECORD AND 5 FILE WITH APPROPRIATE AGENCIES 20 AT f G G c- PER EA. PREPARE POST -CONSTRUCTION CORNER RECORD AND 6 FILE WITH APPROPRIATE AGENCIES lri 3QD 0, 21 AT -Z-_ ✓ Yet/ A4,d O PER EA. r Total Amount Bid in Figures: is Q 5-0 Total Amount Bid in Words: & v,0 = r01 If awarded the Contract, the undersigned agrees that in the event of the BIDDERS default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find ' in the amount of $ /• which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting `Sealed Bids, payable to the AGENCY. (Please 'insert the words "Cash" "Certified Check", or "Bidder's Bond' as the case may be). Bidder shall signify receipt of all Addenda here, if any: OST OF SUBCONTRACTOR In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California County of nge iStWQ a,. 1 , being first duly sworn, deposes and says that he or she is of- party making the foregoing bid that the bid'is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed' with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the, public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 1►`� !?�? mac- �w�1.� � I qr Name of Bidder Signature of Bidder Usaisk 1` AhCa i 3 o F. Sl x S�. Sk J aDlg, CO - Address of Bidder Subscribed and sworn to before me this, day of , 20 0—LI. SARAH D. SHAW Commission`# 1437422 Notary Public - Caiifomia ® Riverside County My Comm. Expires Sep 2, 2007 NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT 10 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 RECONSTRUCTION OF REMBRANDT DRIVE, MAINTENANCE SERVICE CONTRACT # 432 (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. 114f,d /w T �SP-(F_l.<i c o Inc . Contractor By } Nano- per. Title Date: YY\&u ' Z C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XNO If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPESATION INSURANCE CERT#CATE 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 performanceofthe work of this contract. - Contractor By Title Date: Yy1aA C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed onlyby'the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires; a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U. S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 OIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, State Zip' Telephone Number State Contractor's License No. and Class �l Original Date Issued Expiration Date The work site was inspected by Moicof our office on , 20 4 The following are persons, firms, and corporations having a principal interest in this proposal: �D _ r. I�G t) LA' _ham. �SeL . C-9 i i1 f the City of HuPtington Beach of its ability, The undersigned s prepared to satisfy the Council o y financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Un0 ? • / S� c. - Printed or Typed Signature Subscribed and sworn to before me this -23 day of p SARAN D. 'HAW N Commission # 1437422 j: Notary Public - California y Riverside County My Comm. Expires Sep 2, 2007 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 Elite Bobcat Service,' Inc. Reference List - Public A2ency Address Contact Phone No. Project Description Contract Amount City of Anaheim P.O. Box 3222 Chuck Smith (714) 765-5176 2000/2001 CDBG Improv. 109,939.00 Anaheim, CA 92803 City of Fontana 8353 Sierra Ave. Don Gilbertson (909) 350-6659 Mango and Miller St. Improv. 240,238.00 Fontana; CA 92335 City of Garden Grove 11222 Acacia Pkwy Dai C. Vu (714) 741-5189 Safe Routes to Schools 189,392.00 Garden Grove, CA 92842 City of Highland/ Willdan 650 Hospitality Ln. #400 San Bernardino, CA 92408-3317 Larry D. Brown (909) 386-0200 2002 Concrete & Street Repairs 171,406.58 Laing Homes 255 E. Rincon St. Ste 100 Tony Nissan (951) 272-5100 "Northfork" Harrison & 65 b Norco 2,222,616.00 Inland Division Corona, Ca 92879-1330 City of Santa Ana P.O. Box 1988 William Albright (714) 647-5029 Windsor Village Neighborhood Improv. 153,678.65 Santa Ana, CA 92702 City of Riverside 3900 Main Street Phillip Hannawi (909) 826-5341 Riverside Plaza Street Improvements 278,343.85 Riverside, Ca 92522 City of Laguna Beach 505 Forest Avenue Mike Branch (949)497-3311 Temple Hills Pedestrian Path 310,631.74 Laguna Beach, Ca 92651 City of Santa Ana 20 Civic Center Plaza Bill Albright (714) 647-5029 Omnibus Repairs #1814 268,473.95 Santa Ana, CA 92701 City of Irvine P.O. Box 19575 Doug Davidson (949)724-6675 Dump ster Enclosures 41,000.00 is Irvine, Ca' 92623-9575 City of Temecula 43260 Business Park Dr. Bruce Levy (909) 694-6411 Construct New Sidewalk 50,550.00 Temecula, CA Riverside County 3525 14`h Street Jim Ayres (951) 955-1918 High -rove Entrance Improvement 1,684,377.05 Economic Dev. Agency Riverside, CA 92501 Riverside County Bonding Insurance Culbertson Insurance Services, Inc. Sherman, Parent, Prince & Fleming Insurance Brokers 5500 E. Santa Ana Canyon Road, Suite 201 17912 Mitchell South Anaheim, CA '92807 Irvine, CA 92614 Dave Culbertson (714) 921-0530 Bob Parent (949) 7564100 Bond No. -M73-9262 --------------- I Fidelity and Deposit Company POST OFFICE BOX 1227 OF MARYLAND BALHMORE, MD 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ___ELITE BOBCAT SERVICE, INC. ----------- — - — - — ------------------------- - ----- - -------------------------------- - — - - ------- - ---------- - -- — - ----- - -------- — ---- - --------- ------ - — ------------ - ------ - — — — ---------- - ---------------------------------------------------- - - — - — -------- — ----------- as Principal, (hereinafter called the "Principal"), and !the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, P.O. Box t227, Baltimore, Maryland 21203, a corporation duty torganized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and fum* bound urt_-___ THE CITY OF HUNTINGTON BEACH — ------- - ---- - — - ------- - - ----- — -------------------------------------------- — - - - - ---------- - ---------------------- - - ------------------ - - - Obligee, (hereinafter called the "Obligee"), in the sum of- TEN PERCENT OF AMOUNT BID ---------------------------Dollars ($ ------- 1076 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-------------_----__--- ------------- - --- --------- ----- - --------------------------- RECONSTRUCTION OF REMBRANDT DRIVE MAINTENANCE SERVICE CONTRACT #434 - ------- - - - — ------------------------ - - - --- — ------ - - - - -------- - - - --- - - --------- - ------------------------------------------------------------------- - - ---- - - - ----------- - - -- - - - -------------- - -- — - ----- - -------- - -------------------- - — ------ - --------- - - - - - - - ---- - ----------------- - NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount f6r 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 fL,!l force and effect - Signed and sealed this -------- - ------- L6-TIL ------- - ------------ ------day - day of------------- -------------- - ---------------- A.D.,2906-- XEs --- IRC ------------------(SEAL) Principal - - ---- - ---- - - - ------------- - ------ - --- - -------------- - ---- — -------- - -- Witness BY: — -------- --------------------- --- PD6 Vide FIDELITY AND DEP CO A Y OF MA urety --------------------------------------------------- ---------------------- - ---------- By -------- - ----- --- - --- ------ --------- SEAL) Wines C. FLAKE Title C325f-50M. 7-92 ATTORNEY -IN -FACT co.fonns to Amcrican Institute of Ar huccts Docurneftl A-319, Feorwmy 1970 Editio.� I -AT TT71-%1DATTA :AT T 7D7TDDf1QV Ad-VXTf11Y1T VTA1--A VXT'T` STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 5/23/06 before me, Sarah D. Shaw — Notary Public personally appeared Joseph A. Nanci personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SARAH p, $HAW Commission # 1437422 z , -� Notory Public - California i ature of Notary blic Riverside County My Comm. Expires Sep 2.2007r - - OPTIONAL 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. DESCRIPTION OF ATTACHED DOCUMENT Bid Bond -City of Huntington Beach TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES I DATE OF DOCUMENT 5/16/06 CAPACITY CLAIMED BY SIGNER INDIVIDUAL Q CORPORATE OFFICER President/ Secretary TITLE(S) PARTNER(S) .ATTORNEY -IN -FACT ❑ TRUSTEE(S) F] OTHER: SIGNER IS REPRESENTING: Elite Bobcat Service. Inc. NAME OF PERSON(S) OR ENTITY(S) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 05/16/06 before me,, LEXIE SHERWOOD - NOTARY PUBLIC personally, appeared CHARLES L. FLAKE personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature, on the: instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal -.-„ LEXIE SHERWOOD " I�A, /z'10'*/_ v COMfO. #1593951 � NOTARY PUBLIC ® CALIFORMA GC)) Signatl4e of otary Public '? ORANGE COUNTY Comm. Exp. JULY-27, 2009 ORMNAL 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. DESCRIPTION OF ATTACHED DOCUMENT BID BOND' TITLE OR TYPE OF DOCUMEW MMEtER OF PAGES 1 DATE OF DOCUMMT 05 / 16 % 06 CAPACITY CLAIMED BY SIGNER INDIVIDUAL ❑ -CORPORATE OFFICER TITLES) ❑ PARTNER(S)- ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date a d3s by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB P and Lexie SHERWOOD, all of Anaheim, California, EACH its true i make, execute, seal and deliver, for, and on its behalf as surety, and as it p y ndertakings, and the execution of such bonds or undertakings 'im se s inding upon said Company, as fully and amply, to all intents and p os bMbee d acknowledged by the regularly elected officers of the Company at its lti , M er persons. This power of attorney revokes that issued on P Y behalf of Richard A h avid L. CULBERTSON, Matthew P. FLAKE, Lexie SHERWOOD, dated January 14, 2005. a The said Assistant rdoes hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names" and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of November, A.D. 2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND '�C 9fPp$fJ W 0 'JJJ n t � , By: _ 7 Eric D. Barnes Assistant Secretary William J. Mills Vice President State of Maryland City of Baltimore ss. On this 7th day of November, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation_ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 POA-F 012-4150H EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of A.ttomey is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the IOth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 16TH day of MAY , 2006 Assistant Secretary CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 12, 2006 Damon Construction Company 8851 Watson St. Cypress, CA 90630-2243 RE: MSC-434 - Reconstruction of Rembrandt Drive Enclosed please find your original bid bond for MSC-434. Sincerely, Joan L. Flynn City Clerk JF:pe enclosure g:lfollowup/cashcont/returnbidbond. doc procedure #13 ( Telephone: 714-536-5227) w. MSCl434 Project Bid Schedulp _ MSCl434 Project Bid Schedulp _ REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS 1 5,224 INCL.) AT 4F1 A /D 01i0o A40C4-4V S PER SF a� 411772 2 6,530 PARKWAY EXCAVATION AT 7WO A,ND 2-j`0O DOt AA& PER SF ;Z:9F �T" ✓ � 3 16 REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY AT 7-AtIV ca O P�/�T'1 0 P,riooAtOWPER EA. *f�� 4 14 REMOVE/REPLACE WATER METER BOXES .AT ®�6�/�u � ��i��ita�3.°�'ae' PER EA_ REMOVE/DISPOSE OF CURB AND GUTTER(CURB`RAMPS 5 1,306 INCL• �Er%' ��lip Pa"4*tS PER LF 22/ 2A:�)2 1,306 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter, Slot) AT � ✓i> 4"l� 0 PER LF 3ell�� 6 7 1,400 REMOVE/DISPOSE OF P.C.C. DRIVEWAY AT Do --PER SF► 1,323 REMOVEIDISPOSE OF EXISTING CROSS GUTTER $ AT 11:-'�/VE A74D �//,m s -----PER SF 738 REMOVE/DISPOSE OF SPANDRAL 9 AT f7 ",1VZ—S —PER SF CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 1,306 202)� `flft4Y: 10 AT 1R %i7lJI!J J40 S PER LF ®�Ob 1,400 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) ZSlla6 — 11 AT .5:W4�;q Z>ou T PER SF;. 5,224 C TRUCT P C. . SIDEWALK (per Standard Plan 207) A�0�o PER SF J 2 ' 71J 12 S 49 CONSTRUCT ASPHALT CONCRETE (GUTTER SLO AT %L H 15� > �� 'r'� PER �TON 13 �uJe CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP 6 A88A) r �tCstG`fec� , 2 14 AT A�0 001c�® ---------PER EA. 15 738 CONSTRUCT SPANDRAL (per Standard Plan.205) AT -Lv-N✓ A7Q-`1> -'Olv— PER SF 3 �, 1,323 CONSTRUCT CROSS GUTTER (per Standard Plan 205)�� AT 19, 'y/d6 `—'®t✓ER SF 16 � � FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION 16 (per Standard Plan 718) 360 17 AT VfWf &ZtJ ROt c dW PER Lot. 16 PLACE NEW PARKWAY TOP SOIL AND RESEED ,. 2e9 �a 18 AT H4Q i/ -i 1X� .PER EA. 19 3,265 COLD PLANE AT /17-0 00/&0 1PC)4LIftS PER SF ". '?j 7W� i MSC - 434 Project Bid Schedule Total Amount Bid in Figures: $ 2 7 . ?7 Total Amount Bid`in Words:� Ha.c/-H"-7Wa If awarded the Contract, the ulersigned agrees that in the event of tIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 1 in the amount of $ which said amount is not less than l a% of the aggregWoofl& total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be).: Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class 6ATC_ sir L'¢l By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NCOLLUSION AFFIDAVIT r TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange k a Fww-o , being first duly sworn, deposes and says that he or she is PRr�stt��ntr' of :DiRnnoN c©NST. Co. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bidis 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. � �aw►vN co�s-r. cs3. Name of Bidder Sgn�qffidd rp1/i!,XN _Row LL.C:� — pss � .51 wMOM sr.. C..YflRR5S.CA•90G30 Address of Bidder Subscribed and sworn to before me this d 3rday of /71 F} �1' , 20 04? . .®.o®o®.00000®oo..®®s00000s000soo®♦s GORDON L. WOOD JR. .w COMM. #1515433 o "NOTARY PUBLIC CALIFORNIA E ORANGE COUNTY i My Comm. Expires Sept. 25, 2008 00 i000000®o�00000®®000®®.000®oo�0000000 � NOTARY PUBLIC NOTARY SEAL C-4 ITILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: Theundersignedhereby promises and agrees that in the performance of the work specified in the contract, known as the. RECONSTRUCTION OF REMBRANDT DRIVE, MAINTENANCE SERVICE CONTRACT # 432 (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. Contractor By (SA AWN u Title Date: MAY SXB c-5 DISQURIFICATION QUESTIONNAME In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 'ANo 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 shallconstitute signature of this questionnaire. C-6 COMPENSITION 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 3700of 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. y Contractor By�,NN +� PREM 1VfftNT" Title Dater MAY Q 3 C-7 r UNDGROUND SERVICE ALERT ! IDENTIF'ICATIO NUMBER r r (To be completed only by the awarded Contractor prior to excavation) ! r ! No excavation will be permitted until this form is completed and returned to the AGENCY. r r Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued ! before a Permit to Excavate will be valid. r To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-4224133 ! a minimum of two working days before scheduled excavation. r ! Dig Alert Identification Number: r ! &-r - i PA E DF ! BID r r i r By r r r Title r r r r Date: ! r r ! r ! r ! r Note: This form is required for every Dig Alert Identification Number issued by U..&A. r during the course of the Work Additional forms may be obtained from the AGENCY upon request. ! r C-8 ! BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: T�annoN caNsr: QQ - Bidder Name 885I WP�T�oN ST:' Business Address GYPRE�SS , CA. 9c>&3o City, State Zip (714) 99S--.S+!RQ Telephone Number 280S823 State Contractor's License No. and Class Original Date Issued ,R L — ; Expiration Date The work site was inspected by JOSEP14 tQQLL Q of our office on MAY (© , 20GYc The following are persons, firms, and corporations having a principal interest in this proposal: 7j:)ArucoN CONS7. C-C). C-9 The undersigned is prepared ttisfy the Council of the City of Huntivon Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidden Printed or Typed Signature Subscribed and sworn to before me this 'may of W A V Z a ® GORDON L. WOOD JR • COMM. #1515433 0 cc NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY i My Comm. Expires Sept. 25, 2008 NOTARY PUBLIC �/I/.o®.v®®.®a♦ss®os®o..��.®®®.®®.sN... NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: � 1• Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract AmountType of Work Date Completed 2. Name and Address of Public Agency i Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. r Name and Address of Public Agency Name and Telephone No. of Project Manager: i Contract Amount Type of Work Date Completed C-io 1, DAMON CONST. CO. PROJECT REFERENCES PUBLIC AGENCIES Caltrans Mohammed Pasebani (310)609-0264 City of Arcadia Philip Wray (626) 574-5419 City of Cerritos Don Fager/Joanne Wozniak (562)860-0311 City of Commerce Martha Gomez (323)722-4805 City of Costa Mesa Carlos Castellanos (714)754-5343 City of Cudahy Carlos Alvarado (626) 960-1889 City of Cypress Jim Gorin (714) 229-6748 City of Downey Jim Bautista (562)904-7117 City of Hermosa Beach Kenneth Kim (310) 318-0238 City of Inglewood Teresa Kneedler (310)412=5333 City of Irvine Ralph Vargas (949)724-7616 City of Long Beach Sadie Tuaa (562)570-6537 City of Lynwood Antonio Perez (310) 603-0220 City of Montebello Robert King (323); 887-1200 City of Newport Beach Frank Tran (949)644-3311 City of Orange Alan Truong (714)744-5568 City of Pasadena David Ortega (626) 744-6912 City of Santa Ana William Albright (714)647-5029 City of Santa Monica Greg De Vinck (310)458-8733 City of Thousand Oaks Jocelyn Bylsma (805)449-2456 City of Torrance I Sue Herbers (310) 781-7532- Dept of Parks & Recreation Robert Scholfield (949) 496-1866 L.A. Unified School Dist. Maria Martinez (213)241-2702 Palos Verdes Peninsula USD Lora Dodell (310)378-9966 x 227 City of Whittier Sunny Ng (562) 464-3510 City of Yorba Linda Mark Stowell (714) 961-7170 PRIVATE FIRMS S.J. Amoroso Christine Regnier (213)745-0135 ARB Structures Debbie Esparza (949) 598-9242 Ben Smith, Inc. John Kelley (626)444-2543 Bernards Bros. Paul Richardson (949) 461-3650 Bomel Construction Elizabeth Marin (714) 279-3224 Brutoco Engineering Ken Corey (909)350-3535 Robert Castognia Don Perea (562) 803-3328 CT&F Manny Rosales (562) 927-2339 R.J. Daum Damon Hale (714)894-4300 Del Arno Construction Harry Donahue (310)378-6203 Diamond Paving Shannel Rios (626)813-1115 Dynalectric Bruce Davis (714) 828-7000 Excel Paving Co. Curt Brown (562) 599-5841 FTR International Ahmad Alyoubi (949)263-8170 Gordon& Williams Doug Allen (949)588-2855 Hathaway Dinwiddie Jackie Sarosi (213)236-0500 Henzel-Phelps Construction Chris Chacon (714)490-0019' Kajima Construction Cathy Mc Clean (323) 269-0020 1 Kemp Bros., Inc. Pegi Early (562)236-5000 Kiewit-Pacific Co. Brian Williams (909)880-6468 Keiter Corporation Bonch Nagata (323) 266-6302 Laird Construction Terri Duval (909)989-5595' H.A. Lewis Inc. Herbert Lewis (310)478- 1511Majich Bros. Paul Majich (626)398-9992. C.C. Myers Tracey Carlson (916)635-9370 R.J. Noble Co. Stan Noble (714) 637-1550 W.E. O'Neil Construction, Jim Surdyk (310) 643-7900 PCL Construction Services Robert Blankmeyer (818)246-3481 Peck/Jones Construction Dan Dagert (310) 423-3964 Hensel Phelps Construction Clint Squire (714) 938-3300 Ryco Construction Tycanne Arceri (310) 324-1151 Sema Construction Micaiah Revero (949)470-0500 J.F. Shea Const. Jack Herrington (909)595-4397 Steiny and Co. Dave Chadbourne (626) 338-9923' Swinerton Bldrs. Tom Tunzi (949)622-7000 Taisei Corp. David Beegle (714) 886-1530 Thomsen Landscape Merle Thomsen (818)344-0158 Ken Thompson Schalk Opperman (714)995-1371 Valleycrest Landscape Michelle Duran (818)834-1000 Western Paving Bill Miller (626)338-7889 Howard S. Wright Construction Linda Madrigal (949) 567-1909 Woodcliff Corporation Omead Tabrizi (818)784-8444 3/14/2006 4:15 PM 2 DAMON CONTT 3/15/200610:15`AM PROJECT LIST COMPLETION CONTRACTOR/AGENCY PROJECT CONTRACT AMOUNT DATE CITY OF IRVINE ANNUAL CONC. MAINT. 161,210.00 06-03 KIEWIT PACIFIC JWPCP-CARSON 08-04 153,985.00 06-03 NOBEST ANNUAL S/W REPAIRS, LONG BEACH 700,000.00 06-03 EXCEL PAVING CO. OLYMPIC BLVD., BEVERLY HILLS 435,084.00 06-03 MERCO SOUTWEST CAMPUS HOUSING, UCLA 115,130.00 06-03 R.J. NOBLE CO. BASTANCHURY RD., FULLERTON 10,500.00 08-03 R.J. NOBLE CO. ORANGETHORPE AVE., FULLERTON 56,415.00 10-03 WESTERN PAVING METRO BLUE LINE EXT.-PASADENA 169,142.00' 11-03 STEINY & CO. COLUMBINE/LA PALMA-ANAHEIM 11440.00 11-03 MAJICH BROS, INC. SEAWARD & THOMPSON, VENTURA 23,550.00 02-04 J.F. SHEA HUNTINGTON BEACH CHANNEL 19,000.00 03-04 GORDON & WILLIAMS CENTRAL JUVENILE HALL HOUSING' 155,541.00 04-04 W.E. O NEIL BELMONT VILLAGE, RANCHO P.V. 148,275.00 . 05-04 CITY OF DOWNEY GALLATIN RD. & WOODRUFF AVE. -144,900.00 05-04 COUTNY OF ORANGE RECONST. CURB & GUTTER 15,435.00 05-04 CITY OF ALHAMBRA 2004 HANDICAPPED RAMP` 94506.00 07-04 STEINY & CO. SORRENSON AVE.-ALHAMBRA 24,693.00 08-04 CITY OF RIVERSIDE ALLEY IMPROVEMENTS 279,701.00 08-04 FTR INTERNATIONAL BROADWAY/GOLDEN E.S. LONG BEACH 35,342.00 08-04 STEINY & CO. SMART CROSSING, LANCASTER 546,884.00 08-04 MCM COSTT. STATE HWY-COSTA MESA 149,420.00 08-04 LAUSD HILLCREST E.S. 119,791.00 11-04 MAJICH BROS, INC. 4TH ST, SANTA MONICA 211,634.00 11-04 CITY OF COMMERCE SAFE ROUTES TO SCHOOL 346,775.00 11-04 R.J. NOBLE CO. CITYWIDE ANNUAL RESURF: L. NIGUEL 124,387.00 12-04 VALLEYCREST LANDSCAPE WLACC CAMPUS-CULVER 162,672.50 12-04 THOMSEN LANDSCAPE VAN NUYS NEIGHBORHOOD-L.A. 3,840.00 01-05 CITY OF ORANGE ROLLING GREEN LANE -QUEENS GATEWAY 68,150.00 01.05 PALOS VERDES PENINSULA USD ASPHALT & CONCRETE REPAIT (PH 1) 260,000.00 02-05 PALOS VERDES PENINSULA USD ASPHALT & CONCRETE REPAIT (PH 1 1) 122,580.00 03-05 C.C. MYERS 07-1257UA4, DIAM BAR/INDUSTRY 106,500.00 03/05 AMELCO CO. ADDITIONS TO BELL GARDENS, H.S. 643,000.00 04/05 CITY OF LONG BEACH ANNUAL CONTRACTR65-95 4,481,300.00 05-05 CITY OF INGLEWOOD ALLEY CONTT. FROG 04-79 277,420.00 07-05 C.C. MYERS 07-1257UA4, DIAM BARIINDUSTRY 106,500.00 07-05 KAJIMA BONNIE AVE PARKING STRUCTURE 425,390.00 08-05 HOWARD S. WRIGHT HERMOSAPAVILLION 85,924.00 10/05 R.J. DAUM CONTT. LA SOUTWEST COLLEGE 256,138.00 11/05 KAJIMA BONNIE AVE PARKING STRUCTURE 425,390.00 11/05 LAIRD CONSTRUCTION SIDEWALK RAMPS -RIVERSIDE 128,142.50 11/05 BENT. SMITH NEWPORT BEACH PARKING STRUCTURE 19,115.00 11/05 STEINY & CO. LAGUNA NIGUEL@ AVERY PKWY 1-15 38,470.00' 11/05 HENSEL PHELPS UCI MEDICAL -ORANGE 56,000.00 11/05 SWINERTON BUILDERS OCTA BUS PARKING STRUCTURE 410,825.00' 11/05 WOODCLIFF BELMONT NEW PRIM CTR. 146,433.00 11/05 CITY OF HERMOSA BEACH CONCRETE IMPROVEMENTS 87,920.00 11/05 CITY OF WHITTIER CONCRETE IMPROVEMENTS 189,510.00 12/05 KEMP BROS. HUNTINGTON PARK E.S. 05-04 394,000.00 12/05 H.A. LEWIS ALEXANDRA E.S. 23,192.15 12/05 H.A. LEWIS VICTORY E.S. 62,394.00 12/05 R.J. NOBLE CO. RESIDENTIAL ST.-FULLERTON 356,479.00 12/05 CITY OF PASADENA WASHINGTON POP -OUTS 570,752.50 12/05 R.J. DAUM CONTT LA SOUTWEST COLLEGE 256,138.00 12/05 KEMP BROS. HUNTINGTON PARK 'E.S.05-04 394,000.00 12/05 BOMEL CONSTRUCTION COVINA METROLINK 51,377.00 01/06 .EXCEL PAVING SOUTH ST.-ANAHEIM 114,730.00 01/06 DEL AMO CONSTRUCTION PACIFIC CHARTER-CRENSHAW, L.A. 140,232.00 02/06 DEPT. OF PARKS & RECREATION DOHENY STATE BEACH 49,839.00 02/06 1 s DAMON CONST. 3/15/200610:15 AM PROJECT LIST COMPLETION CONTRACTOR/AGENCY PROJECT CONTRACT AMOUNT DATE CITY OFYORBA LINDA ACCESS RAMP IMPROVEMENTS 115,996.25 02/06 BERNARD BROS. SUNRISE ASSISTED LIVING -PLAYA VISTA 62,979.00 05/06 - CITY OF SANTA ANA OMNIBUS CONCRETE REPLACEMENT 403,835.00 03/06 HATHAWAY DINWIDDIE AVENUE OF THE STARS LA 12-04 49,400.00 IN PROGRESS CITY OF LONG BEACH R-6666 THE ANNUAL CONTRACT 5,500,000.00 IN PROGRESS MAJICH BROS, INC. SEWER, IMPROVEMENT -GARDEN GROVE 294,350.00 IN PROGRESS CITY OF SANTA MONICA CENTINELA & NEBRASCA AVE. IMPROVEMENTS 29,500.00 IN PROGRESS TAISEI CONSTRUCTION DEL MAR STATION-PASADENA 153,320.00 IN PROGRESS CITY OF TORRANCE CURB & GUTTER REPLACEMENT 1,082,441.00 IN PROGRESS CITY OF MONTEBELLO SAFE ROUTE TO SCHOOL(SR2S) 229,688.00 IN PROGRESS CITY OF LYNWOOD SNV CURB & RAMP IMPROVEMENTS 247,240.00 IN PROGRESS BOMEL CONSTRUCTION CAL STATE FULLERTON PKG STRUCTURE it 154,710.00 IN PROGRESS SWINERTON BUILDERS CHOC PARKING STRUCTURE- ORANGE, CA 94,448.00 IN PROGRESS CITY OF ARCADIA 05206 ANNUAL CONCRTE REPAIR 291,998.50 IN PROGRESS ROBERT CASTOGNIA STREET IMPROVEMENTS-TORRANCE 110,111.50 IN PROGRESS CITY OF CYPRESS CONCRETE IMPROVEMENTS 176,006.00 IN PROGRESS EXCEL PAVING CO. CHARLES DREW MIDDLE SCHOOL 172,829.00 IN PROGRESS EXCEL PAVING (3207) NEWPORT SHORES REHAB 322,510.00 IN PROGRESS R.J. DAUM CONST. ORANGE COUNTY JUVY HALL 233,067.50 IN PROGRESS R.J. NOBLE CO.(91029) REHAB. OF ARTESIA BLVD.-BUENA PARK` 64,860.00 IN PROGRESS CITY OF CUDAHY S/W REPLACEMENT 47,276.00 IN PROGRESS CITY OF CUDAHY CURB RAMPS -VARIOUS LOCATIONS 37,600.00 IN PROGRESS EXCEL PAVING (4314) MARQUEE TOWER-MICHELSON, IRVINE 130,719.00 IN PROGRESS EXCEL PAVING (4313) ISSA PARKING LOT REHABILITATION . 1 10,560.001 IN PROGRESS - ARCH 111SURANCE CO?APANY BID BOND NUMBER SU 5005841 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, DAMON CONST. CO., as Principal, and the ARCH INSURANCE COMPANY, a corporation organized and existing under the laws of the State of MISSOURI, and authorized to do business in the State of California as Surety, are held and fmnly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the sum of 10 % of the total amount bid not to exceed TEN PERCENT OF THE TOTALAMOUNT BID (10% OF THE TOTAL AMOUNT BID) DOLLARS, lawful money of the United States of America, to the payment of which sum well and truly to be made, the Principal and Surety bind themselves, and each of their heirs, executors, administrators, successors: and assigns, jointly and severally by these presents. The condition of this obligation is such, that, if the Obligee shall make any award to the Principal for: RECONSTRUCTION OF REMBRANT DRIVE MSC #434 Bid Date: 23 MAY 2006 According to the terms of the proposal or bid made; by the Principal therefore and the Principal shall duly made and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the; faithful performance thereof, with' the ARCH INSURANCE COMPANY, as Surety or with other Surety or Sureties approved by the Obligee; or if the Principal shall, incase of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. SIGNED, SEALED, DATED: 23 MAY 2006 DAMON CONST. CO. Arch Insurance Company (Principal) (Surety) By By: &Jtff, 4�zl� W -.P tsal'Lp�Tooke enz, Attorney In Fact DIRECT CORRESPONDENCE TO: ARCH CONTRACTORS & DEVELOPERS GROUP, 135 N.`LOS ROBLES AVE., STE. 825., PASADENA, CA 91101 PHONE (626) 535-0855 • FAX (626) 535-0875 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT' State of California County of gAN DIECA ss. On 23 MAY 2006 before me, GLADYS D. ROGERS, NOTARY PUBLIC Date Name and Title of Mcw (e.q_'Jaoe Doe. Hotaq Pubk") personally appeared BROOKE LAFREKZ Hame(s) of Signer{s) N personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(t) whose name(b) isfare-subscribed to the within instrument and acknowledged to me that Wshe/" executed the same in 4k1her1*r*_ ,_ `Commission authorized capacity(ioq, and that by 44dhefAhOir D. ROGERS signature() on the instrument the person(), or the i1 1537880 NVOR Pubitc Cogfornia entity upon behalf of which the person() acted, LeGLADYS - San Diego County �� Comm. E)PkM Dec 24, 2008 executed the instrument WITNESS my hand a 41 se rem taaa y seat above Notary OPTIONAL Though the information below is not required by law, i (=my prove valuable to persons relying on the document and could prevent fraudulent' removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Individual ❑ Individual Corporate Officer — Tiiie(s): ❑ Corporate Officer — Title(s): C1 Partner —p Limited ❑ General - ❑ Partner -❑ Umited O General - Attorney in Fact Top of ttnxnb here ❑ Attorney in Fact Top of twff b here a Trustee ❑ Trustee O Guardian or Conservator ❑ Guardian or Conservator Other: 0 Other: Signer Is Representing: Signer is Representing: SURETY 06ER-OF ATTOR' NEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company') does hereby appoint Jeanette Seidl, Brooke Lafrenz, Larry D. Cogdiil, Michael W. Thomas and Ingrid Erika Crosby of San Diego, CA (EACH) its true and lawful Attomey{s}in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seat and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar fimit of authority as set forth.herein. The Company may revoke this appointment at any time. The execution of such bonds and ;undertakings in pursuance of these presents shall be as -binding upon the said Company as fully and amply to all intents and purposes, as if the same hadbeeri duty executed and acknowledged by its regularly elected officers -at its principal office in Kansas City, Missouri. ; This -Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect 'VOTED, That the Chairman of the Board, the President, or any vice President, or then appointees designated in writing and fled with the Secretary, or the Secretary shall have the power and authority to. appoint .agents and attorneys -in -fact,. and to authorize them- to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process. This Power of Attorney is : signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous. consent of the Board of Directors of the Company. on March 3, 2003: VOTED. That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and fled with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed -by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respell to any bond or undertaking to which it, is attached, shag continue to be valid and binding upon the Company. OOML001 3 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Companylgas caused this instrument to be signed and 111corporate seat to be affixed by their , authorized officers, this 9th day of June , 20 04 Arch Insurance Company Attested and Certified �vYance C` 0 CoRrORM o SM m ltirro�ri Joseph S. Lt6dl, Corporate Secretary Thomas P. Luckstone Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS t Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Label personally known' to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to.the foregoing instrument, appeared before me this day in person and severally acknowledged that they tieing thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as-the.free-and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. - OFFICw41. SEAI. SW Of CmiecloA Melissa 8_ Gilligan, Notary Public 28' NM My commission expires 2-28-05 CERTIFICATION 1, Joseph S., Label, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated _June 9. 2004 on behalf.of the person(s) as listed above is a true..and correct copy and that ihe.same has been -in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Lucksione, who executed the Power of Attorney as Vice President, was on. the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixedthecorporate seal of the Arch Insurance Company on this 23RD day of MAY , 20 06 . Joseph S I. Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specificaity named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. 6 � tis:ad Home Office: Kansas City, MO 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. ROE 6 MAY 23 PM 2: 01 Pon ~ ". Y i l' Len .<iFiTa $i� 3pL � I A I PROOF OF PUBLICATION STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and -a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached` Notice is a true and completecopy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of. NOTICE INVITING SEALED BIDS -- j�/0 for the RECONSTRUCTION OF REMBRANDT DRIVE�� MAINTENANCE SERVICE CONTRACT # 434 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648; up to the hour of 2:00 PM on May 23, 2006. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $45.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. This is a Davis -Bacon project and the ` Federal Regulations will be enforced. Any contract entered into pursuant to' this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% 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 California GovernmentCode, Section 4590. 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. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. 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. The engineer's estimate for this project is $123,500.00 BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH; CALIFORNIA, the 12th day of September 2005, by Resolution No. 2005-64 NOTIE INVITING SEALED BIDS for the RECONSTRUCTION OF REMBRANDT DRIVE MAINTENANCE SERVICE CONTRACT # 434 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS; HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2.00 PM on May 23, 2006. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $45.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. This is a Davis -Bacon project, and the Federal Regulations will be enforced. Any; contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648 The AGENCY will deduct a I0% 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_Califorraia GovernmentEode, Section 459� The Contractor shall be beneficial owner of the surety and shall receive any interestthereon. 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. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening." The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. 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 of60 days. The: engineer's estimate for this project is $123,500.00 BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 12th day of September 2005, by Resolution No. 2005-64 F�B CITY OF HUNTINGTON BEACH 2000 Main Street P.O Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Joan Flynn Date: April 19, 2006 To: City Clerk's Once Project/C.C. No.: MSC 434 2000 Main Street Regarding: Reconstruction of Rembrandt Drive Huntington Beach, CA 92648 ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ElSamples ElSpecifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # Copies Pages I Description 1 1 1 Notice Inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ElFor reviewicomment El other: Remarks: Please find attached the Notice Inviting Sealed Bids for advertisement on 5/4, 5111, and 5/18. The bid opening is scheduled for 5/23. Please contact me at extension 5042 with any questions you may have. c: file By: Jason Churchill, Street/Facility Supervisor D:\DOCUMENTS AND SETTINGS\cHuxcrgl\MY DocumENnWRANTs AND CONTRACTS\CDB GRANT\06\MSC-434\N1SB TRANsmrrAL To QxRK 434.noc 3 r� t 0,,A` X CIS B C� 6 CH Council/Agency Meeting Held: " Deferred/Continued to:ILZ Approved ❑ Conditionally Approved ❑ Denied City erk' Sign re Council Meeting Date: 6/19/2006 Departme D Number; PW 06-038 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY CUNCIL MEMBERS SUBMITTED BY: P ELOP CL RETH-G �FT�,I� YAD NISTRATO r PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR OF PUBLIC WORKS` AND STANLEY SMALEWITZ DIRECTOR OF ECONOMIC DEVELOPMENT SUBJECT: Award Contract for the Construction of Rembrandt Drive, MSC-434 Statement of Issue: Bids have been received for the construction of curb ramps and construction of sidewalks, curb, and gutter on Rembrandt Drive, MSC-434. Nobest, Inc. submitted the lowest 'responsible bid. Staff is requesting authorization to award the construction contract to Nobest, Inc., and proceed with the project. Funding Source Funds in the total amount of $150,000 have been designated for this purpose from Community Development Block Grant (CDBG) FY 2005/06 Curb/Sidewalk Construction 86890001.82300. Funding of up to $14,000 from General Fund, Street Maintenance Account No. 10085412.64620 is available for contingency and supplemental expenses. Recommended Action: Motion to: 1. Approve the project specifications; 2. Accept , the lowest responsible bid submitted by Nobest, 'Inc. in the amount of $140,242.50 and 3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved` by the City Attorney. Alternative Action(si: Do not authorize award of this contract and direct staff how to proceed. Alternative action may result in the loss of CDBG funding for this project. 0 REQUEST FOR ACTION MEETING DATE: 6/19/2006 DEPARTMENT ID NUMBER:PW 06-038 Analysis: On July 18, 2005, the City Council authorized the expenditure of Community Development Block Grant funds for the construction of curb ramps and improvements on Rembrandt Drive. The project will consist of the removal and replacement of the parkway trees; construction of the sidewalk, curb and gutter; construction of curb ramps, and a new asphalt -wearing surface. Rembrandt Drive is #75 on the Tree Petition List; but since it is located within the Newland Enhancement Area, it is eligible for immediate repair. The engineer's estimate for this project was $123,500. Bids were opened publicly on May 23, 2006, and are listed inascendingorder: Staff recommends that the contract be awarded to Nobest, Inc., the lowest responsible bidder, for the scope of work described above. The City has had positive experience with this contractor's past performance on several similar projects. Public Works Commission Action: The Public Works Commission reviewed and> recommended approval of this project on March 15, 2006 by a vote of 6-0-1 (Spencer absent). Environmental Status: This project has been determined to be Categorically Exempt. Attachment(s): City Clerk's Page Number No. Description 1. 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