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Home My WebLink AboutNobest, Inc. - 2016-08-01I //A r RECEIVED BY:/ (Name) (Date) LD CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. `7 MSC No. Other No. g:/forms/bond transmittal to treasurer F- /,A-) (Company Name) Approved (Council Approval Date) Agenda Item No. A City Clerk Vault No. on SIRE System ID No. f �?1 t FeBCITY OF HUNTINGTON BEACH INTERDEPARTMLCOMMUNICATION DATE: 2/14/2017 TO: THOSE LISTED HEREON FROM: Joseph Dale, PW Construction Manager SUBJECT: Retention Release Payment - PO #22453 OJ Supplier #39492 Co. #207 Median Island Installation at Yorktown Avenue and Huntington Street, Project # 1459 Contractor's Name: Nobest Incorporated Address: 7600 Acacia Avenue City, State and Zip Code: Garden Grove, California 92841 Phone Number: (714) 892-5583 City Business License Number: A186848 Notice of Completion (Date by City Clerk): 11/10/2016 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file. 0—'—? L7 Date I certify that there are no outstanding invoices on file. t ,::14 �-413 Date Travis K. Hopkins, Director of Public Works JoycelZ,a'cks, Deputy City Treasurer I certify that no stop notices are on file, and that a guaranty bond has been filed with the City Clerk's Office. Date Robe &5ttP-niSkd0 jeen Flym , City Clerk Attachments,�� 1. Notice of Completion 2. Maintenance Bond 3. Certificate of Compliance with Prevailing Wage Laws 4. Contractor's Certificate 5. Certificate of Compliance with Title VI of the Civil Rights Act and Equal Employment Opportunity Act of 1972 6. Consent for Release letter from the Surety Company 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: 1 y7 Project: McAan -Ti51and 'ns-�a�lo�t►on a�" YorV_4-own Avenvt ar,d N yr%+;n dVe\ _'Ayee_-� o;ec�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 J�"' Th day of Sian vary , 20J'7_, at cearden 69rope California. (Contractor m� APPROVED By: �v MMoael E. Gatcs CYLty Attorney 440Ty i�/odlc�.►d/rvo��sf. CONTRACTOR'S CERTIFICATE I, "vr MpAt , state and certify that: ov me of Declarant) 1. 1J dbet; ' 3=neor Iporak'ed is the general contractor to the City of Huntington Beach ("City") on Contract No. C-C -10 145q (the "Contract") for the construction of the public work of improvement entitled: McA;an -XsIaM -r, ntka,-iion a+ \\(orL-rown AJL- "A H u^+iv on StVee--� (the "Profeet' 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). Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): OY-\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"). M one, I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at %rAty� 6 rove, on this 5T" day of TanvA(V 92013 APPROVED AS T9�ORM_,-- J — Michael t. Gates City attorney 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 Strcct/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: ef4f — .1 V 6-I Project: M Col; �slDwIA rr.SAMIQ608 o.r k--1•ow n fy f-r v e- oL M Diu n n S1yec fi Pao & t -0 4G"1 The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability (w7th 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 51 VI day of�Gnua�`{ , 20 ('q , at 6wAey+ 6q✓ti, California. A M. (Contractar a L�,,iy Nod [XQd//V obe5t� ce APPROVED r el E. Gates Attorney RECEIVED BY: (Name) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating (Date) HECITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. MSC No. Other No. g:/forms/bond transmittal to treasurer / /0L (Company Name) Approved I f —"�� (Council Approval Date) Agenda Item No. r City Clerk Vault No.� - SIRE System ID No. �� Bond No. CAC714216 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That Nobest Incorporated _ (contractors name) as Principal (hereinafter called Contractor), and; Merchants Bonding Company (Mutual) (surety's name) 6700 Westown Parkway, West Des Moines, IA 50266 (surety's street address, city and state and. zip code) a corporation organized and existing under the laws of the State of Iowa with its principai office In the City of Des Moines as Surety (hereinafter caged Surety), are held firmly bound Canto CITY OF HUNTINGTON BEACH. as Obligee (hereinafter called Owner), In the amount of Twenty SixThousand Seven Hundred and 00/100 Dollars ($ 26,700.00 ),. equivatent to the entire contract amount including. all orders, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, WHEREAS, Surety is a duly admitted surety insurer under the laws of the State of California; and Surety is certified and listed In the U.S. Department of the Treasury Circular 570, and able to provide proof of bonding limitation shown in said circular Is sufficient to provide bonds in the amount required by said Contract and Surety has provided financial strength ratings from reputable companies, such as from AM. Best, Moody's, Standard & Poor's; to validate that Surety has positive ratings of being secure or stable; and Surety is registered and listed with the California Department of Insurance; and Contractor has by written agreement dated October 17 ..2016, entered into a contract with Owner for the Median Island Installation at Yorktown Avenue and Huntineton Street. CC No. 1459 in accordance with drawings and specifications prepared by N/A which contract is by reference made a part hereof (hereinafter referred to as the Contract); and The Contract provides that the principal will guarantee, for a period of one year, the work performedas part of the Contract from and against all defects in materials and workmanship; and The Contract also provides that the Contractor shag. secure Contractor's obligations during the one-year period with a bond executed by a surety duly admitted in the state of California; and The Contract has been completed, and the Owner, Contractor and Surety agree that. the commencement date for this Guarantee and Bond shall be November 10, 2016,, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period: of one year from and after the date of completion and acceptance of the. Contract by Owner, repair and/or replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shall be null and void; ,otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made: by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within thirty (30) days following Owner's written notice of default, either: (a). remedy the default, or (b) shall promptly complete the Contract In accordance with its terms and conditions. Surety shall save the Owner harmless from any claims, judgments, liens or losses arising from the Surety's failure to either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner.. 15-4584/.1.18138 Whenever the Principal shall be, and declared by the Owner to be in default under the Contract, which shalt include without limitation, any breach or default of the Contract, then, after written notice from the Owner to the Surety, as provided for below, the Surety shall either: (a) remedy the default or breach by the Principal: or (b) shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal, at its own expense, and make available as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder, provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bondshall be subject to the advance written approval of the Owner. Within thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal; it shall be the duty of the Surety to give to the Owner a notice, in writing., of the Surety's election to (a) remedy the default(s) of the Principal promptly, or (b) arrange for performance of the Contract promptly by a contractor other than the Principal, time being of essence to this Bond. In said Notice of Election, the Surety shall state the date of commencement of its cure or remedy of the Principal's default(s) or its performance of the Contract. The Surety's obligations far cure or remedy, include but are not limited to: correction of defective work and completion of the Contract; additional legal, design professional and delay costs arising from Surety's actions or failure to act, and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance by the Principal). The Surety shall give prompt written notice to the Owner upon completion of the cure or remedy of the Principal's defauit(s) of its performance of the Contract. If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's defaults) of its performance of the.Work within thirty (30) days after receipt of a written notice from Owner, Surety shall be deemed to be in default on this bond, and the Owner shall be entitled to enforce any remedy available to Owner No right of action shall accrue on this bond to or for the use of any person or corporation other than the owner named herein or the successors of Owner, Sighed and sealed this 2nd Principal Raised Corporate Seal [MUST BE AFFIXED] Principal liaised Corporate Seal [MUST BE AFFIXED] MOTES: day of February 2017 t. Acknowledgments must be completed and returned as part of the bond. i Raised Corporate Seats are mandatory, 3. Please attach Power of Attorney. 15-4584/118139 2 Nobesf Incorporated (Contractor Name) 2 P reS1 Q) 'e-r-& (Title) Merchants Bonding Company (Mutual) (Sure r�Pl By: (5ealj Arinro Ayala, Atto -m-Fact �r APPROVED By Michael E. Gates, City Attorney CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On 2--2- I -- personally appeared before me, Kay E. Anderson/Notary Public (Here insert name and title of the officer) Nodland who proved to me on the basis of satisfactory evidence to be the person Wj whose name(-yis/subscribed to the within instrument and acknowledged to me that he% dfficyexecuted the same in hisdl,WTW authorized capacity'aesl and that by his/aieflttt�signature�o on the instrument the persons); or the entity upon behalf of which the personSls�acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KAY E. ANDERSON Commission # 2031255 WI S y hand and official seal. Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ,,(Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ElIndividual (s) ® Corporate Officer President Citle) ElParmer(s) El Attorney -in -Fact ElTrustee(s) ❑ Other z Notary Public -California Orange County My Comm. Expires Jun 27, 2017 •. ��`�,� , z INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of California In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/sheldwe - is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if affi sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com z Notary Public -California Orange County My Comm. Expires Jun 27, 2017 •. ��`�,� , z INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of California In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/sheldwe - is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if affi sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 2/2/17 before me, Susan Pugh , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Arturo Ayala Name(s) of Signer(s) SUSAN PUGH COMM. #2105405 n r Notary Public -California in V IL '= ORANGE COUNTY tits My Comm. Expires Apr 29, 201 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signature of Notary Public ( sari Pugh OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Maintenance Bond Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner ❑ Limited ❑ General 56 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Top of thumb here Number of Pages: Two Signer's Name ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Bond No. CAC714216 ER HANT'S BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Andrew Waterbury; Arturo Ayala; Daniel Huckabay; Dwight Reilly; Michael Castaneda; Shaunna Rozelle Ostrom their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of'. TWENTY MILLION ($20,000,000.00) DOLLARS This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint 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." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 22nd day of November , 2016 rt! M4 • .. �� •.• MERCHANTS BONDING COMPANY (MUTUAL) 4, �? •• -= C '- �O . • �%fo • MERCHANTS NATIONAL BONDING, INC. y`.QIsPQR�^� �yccs�P09�.�9y<� 1933 c' �ti r. By . 6�; KA STATE OF IOWA uni ..+++}`R COUNTY OF Dallas ss. ` President On this 22nd day of November , 2016 , before me appeared Larry Taylor, to me personally known, who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ;Atfi WENDY WOODY 2 r Commission Number 734654 P,fy Commission Expires June 20, 2017 Notary Publr , County, Iowa (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 2nd day of February 2017 .' G • Cotj� •• : ry—: 2 -o- yJ1933 �- c; POA 0014 (6/15) 0� Secretary CONSENT OF SURETY OWNER TO FINAL PAYMENT ARCHITECT AIA Document G707 CONTRACTOR SURETY OTHER Bond No. CAC714216 TO (OWNER) (Name and address) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 PROJECT: (Name and address) Median Island Installation at Yorktown Avenue and Huntington Street, CC No. 1459 ARCHITECTS PROJECT NO N/A CONTRACT FOR: $26,700.00 CONTRACT DATE: October 17, 2016 Final Contract Price: $26,700.00 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety) Merchants Bonding Company (Mutual) 6700 Westown Parkway West Des Moines, IA 50266 SURETY on bond of (here insert name and address of Contractor) Nobest Incorporated 7600 Acacia Ave. Garden Grove, CA 92841 CONTRACTOR hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 OWNER as set forth in the said Surety Company's bond IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 2nd day of February 2017 (insert in writing the month following by the numeric date and year) Surety Company Merchants Bonding Company (Mutual) Attest 4gnature of Authoriz epresentative Seal Title Arturo Avala, ornev-in-Fact AIA DOCUMENT G707 CONSENT OF SURETY COMPANY TO FINAL PAYMENT 1994 EDITION AIA® One Page ©THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW ZZ336B06/04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 2/2/17 before me, Susan Pugh Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Arturo Ayala Name(s) of Signer(s) SUSAN PUGH COMM. #2105405 ro V) ;. Notary Public a w ORANGE COUNTY 1' My Comm. Expires Apr 29, 2119 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signature of Notary Public san Pugh OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Consent to Final Document Date: 2/2/17 Number of Pages: One Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner ❑ Limited ❑ General d Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Top of thumb here Signer's Name ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Bond No. CAC714216 MERCH NTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Andrew Waterbury; Arturo Ayala; Daniel Huckabay; Dwight Reilly; Michael Castaneda; Shaunna Rozelle Ostrom their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWENTY MILLION ($20,000,000.00) DOLLARS This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint 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." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 22nd day of November , 2016 4. CO 1933 C: r •• STATE OF IOWA*`�`, •' '• MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. Ely COUNTY OF Dallas ss. I'!' President On this 22nd day of November , 2016 , before me appeared Larry Taylor, to me personally known, who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ,V,gk1 0 WENDY WOODY Commission Numbea 734654 My Commission Expires o� June 20, 2017 Notary Publ, , County, Iowa (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 2nd day of February 2017 POA 0014 (6/15) ..l�r}+/Frlrr�ryf' o''t4". " 0 . Z , �+ -0- C F., ,•r�fHirfel H/FfrF•t Secretary Document-22608 51-Page-1 Page 1 of 1 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Duane Wentworth, Contract Administrate P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II I I II II II I I I I I III I I II I I II 9.00 *$ R 0 0 0 8 8 4 3 5 7 6$ 2016000571787 4:11 pm 11110116 227 402 N12 F13 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Nobest Incorporated, who was the company thereon for doing the following work to -wit: Median Island Installation at Yorktown Avenue and Huntington Street, Project # 1459 That said work was completed 1111512016 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 1111512016, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Merchant's Bonding Company, was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. v . � Z_ z /, 4,12 / Dire r of Pu or r City Engineer Da City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. This document is solely the official business of the re r of �%EWW&K61or City Engineer Dale City of Huntington Beach, as contemplated under City of Huntington Beach, California Government code section. 6103 and should be recorded free of charge. THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) about:blank 11/10/2016 RECEIVED BY: (Name) (Date) TO: FROM: DATE: SUBJECT CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION City Treasurer City Clerk o — — Bond Acceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. A ZIP MSC No. Other No. g:/forms/bond transmittal to treasurer (Company Approved (Council Approval Date) Agenda Item No. City Clerk Vault No. SIRE System ID No. ��!26� THE FINAL PREMIUM IS Bond No. CAC714216 PREDICATED ON THE FINAL CONTRACT PRICE AvCYnf6l((i Err WDI�9�O I�SE} ik cr B(DR tiff, I ER'aL S) KNOW ALL PERSOhIS BY THESE PRES,FiN T S- NHEREAS. City of Huntington Beach (hereafter refened to as 'City") has awarded to (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the wort: described as follows: Median Island Installation at Yorktown Avenue and Huntinaton Sheet, CC No. 1459 (Project Title) WHEREAS, Principal is required under the iems of the Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law, by a duly admitted surety insurer under the laws of the Stale of California (hereinafter referred to as 'Surety"); and Surety is certified and listed in the U.S Department of, the Treasury Circular 57C, and has provided proof of sufficient bonding Itmitafton, as shown in said circular to provide bunds in the amuunt required by said Contract; and Surety has provided financial strength ratings from reputable companies. such as from A.M. Best, Moody's or Standard tPours, lc <<alidale that Surety has positive ratings of being secure or stable, and Surety is registered and listed with the California Department of Insurance MOO! THEREFORE, we. the undersigned Principal, and (name and address of Surety) as urety, are held and -firmly bound unto City in the Penal sum of Twenty Six Thousand Seven Hundred and 00/100 dollars ($ lb, /UU.0U ), this amount being not less than one hundred percent (100%i of the total price set forth in the Contract, in lawful money of the United Stales at America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our hers, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, on its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named In Section 3181 of the California Civil Code ("Claimants"? for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 18'15 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this oblical on shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or theirassigns.. In case any action isbroughtupon this bond, Surety further agrees to pay all court cos,s and a reasonable atiorney's fee in an amount fixed by the court Page 1 of 2 i5-458=/1 17357 PAYMF-1'4T 1301,0 urei]r stipulates and agrees, for value received, t-,ai nc change, extension of time, altefalion, addition or modification to the terms of the Gonimcl, or any contract document or any riork 1.c de p-r-forrned thereunder, whethcr made Mier notice or not, shall in any way affect, impair or reieasc the obligations of Surety under this bond. Surety hereby waives notice of any si.rch change, extension of Time, aiteratlon. addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §; 28,15 and 2849. li-1 WITNESS WHEREOF, each parts represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate pariv being affixed hereto is such party's proper legal rame and that the individuals signing [his instrument have been duly authorized pursuant to the authority of its governing holy, C-urety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or property execute this bond. Gated: September 26. 2016 ATTEST Nobest Incorporated 7600 Acacia Ave.. Garden Grove, CA 928� (Corporate Seal? W,ripal N) ^` 6 ': G Name: Title: C i!! EST Merchants Bonding Company (Mutual) 6700 Westown Parkway, y, Des Tames, IA 50266 {Corporate Seal) __ r. (Signatpra of Attorney-i ;for Suretyl -reach Aitornayir,-Fact Certificate) S( Qj 673-8 171 (Area Code r i _lephone Number for Sure(y) APPROVED AS Tv FORM By: Michael E. Gates,-Uy Attorney Woie: this bond must be executed in duplicale and dared, all signatures musi ba noranaed, and Evidence of th-E- eub`orFty of any person signing as aftorney-in-fact must be aftach:d. Pale 2 of'2 15—'52 /i1735-1 PA'frVirpdT RL)ND CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On October 17,2016 before me, Ray E. Anderson/Notary Public (Here insert name and title of the officer) personally appeared Larry Nodland who proved to me on the.basis of satisfactory evidence to be the personWf whose namefs-`is/,pesubscribed to the within instrument and acknowledged to me that he/,-,hdt"hey,executed the same in his/lit�rltbei:r'authorized capacityiy ,and that by his dlef fief signaturek) on the insttriument the persoi (s); or the entity upon behalf of which the personp)'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ICAY E. ANDERSON f Commission # 2031255 r1 WITNF,$S m and and official seal. a -� I Notary Public - California z z�'`' Orange County r My Comm. Expires Jun.27, 2017 Signature of Notay Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ,,(Tide or description of attached document) (Tide or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that it illegal for a notary in California (i.e. certifying the author-L-ed capacity of the signer). Please check.the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment Is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. kelshe/flwe - is /ate) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file'with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document ie Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA 02.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orangf On 9126116 Date before me, Susan Pugh , Notary Public, Insert Name of Notary exactly as it appears on the official seal personally appeared Arturo Ayala_ Name(s) of Signer(s) 01 �! i ��: � 1 "F•. ` J (Votary PUbl;c-C�lifi�rni� '' Orir1N lE COl It,ITY �g who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand /and ^official seal. Signature Place Notary Seal Above Signature of Notary Pu is�_sanPugh OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Payment Bond (Labor and Materials) _ Document Date: 9126/16 Number of Pages: Two Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General d Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 1V IERCHANTS Bond No. CAC714216 BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Andrew Waterbury; Arturo Ayala; Daniel Huckabay; Dwight Reilly; Michael Castaneda; Shaunna Burchfiel their true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWENTY MILLION ($20,000,000.00) DOLLARS This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall,have power and authority to appoint 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." "The signature of any authorized officer and the seal of the Company may be affixed, by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 1st day of March , 2016 ... nun.r,r C'��'': ......... •�O�NG A...... • 0,?4 gyp`-_ •�q41!* • � P 0,99�-f • �� MERCHANTS NATIONAL BONDING, �°�: p4f Gco �pR _ 2 C 03 •0 V 1933 : c� . ti;. 1 B . .. STATE OF IOWA "'•�.,,,� -if .r.i1`a'`. COUNTY OF Dallas ss. • • • • President On this 1st day of March 2016 , before me appeared Larry Taylor, to me personally known• who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ?.�wt s WENDY WOODY o y Commission Number 734654 ` = My Commission Expires ryP June 20, 2017 Notary Publi County, Iowa (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 26th day of September , 2016 10 114ZZ ,L°�r-GOB 4g9t O� v=. 2CO3 C POA 0014 (6/15) \IkG Co P 0,9. , .c9 . •z: a'• 1933 ; c: Secretary THE FINAL PREMIUM IS PREDICATED ON THE Bond No. CAC714216 FINAL CONTRACT PRICE Premium: $668.00 E ERI;F-01-- eMt AWCE ElOND. r;i,IOVV ALL PERSONS pY THESE PRESENTS: WHEREAS, City of Huntinglon Leach (hereafter referred to as "City') has, by writien agreement dated October 17 , 2016, entered into a contract urith Nobest Incorporated (name and (hereinafter referrad to as "Principal'), for performance of the work described as follows: Median Island Installation at Yorktown Avenue and Huntington Street, CC No. 1459 (Project Title) WHERE/1S, said contrac_, and all documents referenced therein (hereinafter collectively 'Contract"), are incorporated herein by this reference made a part hereon as though set forth herein in full; and Said Principal is required ..render the terms of the Contract to iumish a bond guaranteeing the orompl, full and Faithful performance of said Contract, by a duly admitted surety insurer under the laws of (he Slate of California (hereinafter referred to as "Surety"), and Surely is certified and listed in the U.S Department of the Treasury Circular 570, and has provided proof of suffiicii�nt bonding limitations as shown in said circular to provide bonds in the amount required by said Contract; and Surely has provided financial strangth ratings from reputable companies, such as from A.M. Best, Moody's, or Standard & Poor's, to validate that Surety has positive ratings of being secure or Stable; and Surety is registered and lisied with the California Department of Insurance, NOW, THEREFORE, we, the undersigned, as Principal, and Merchants BondinH Cotnnanv (Mutual) (name and address of Surety) as Surety, are held and fimly bound unto City in the penal sum of Twenty Six Thousand Seven Dollars ($ 26,700.00 ), this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT It the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") fromany and all losses, liability and damages, claims, judgments, siop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligaes by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of 'the Contract, including all alterations, amendments anc modifications thereto, and any warranties or guarantees required thereunder, then this obligation shall be void: otherwise. It shall be and shall remain in full force and effect. Surety stipulates and agrees. for value received, that no adjustment of the time or price in the Contract or ariv aiteratlon, change, deletion, addition or other modification to the Contract, or the work to be pertorrned hereunder, shall in any vray affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surely waives notice of any adjustment of contract or contract price, and any other alteration, change, deletion, addition or oher modification to the Contract, or the work to be perfomed thereunder, and agrees 15-4_3=fl 17174 Bond. fc;. CAC714216 to automatically adjust the penal sun of this bond to reelect such adjustments, alterations, changes, deleilons, addlllon5 or oilier (modifications. SUrE , egr=es to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849, The obligations of this Bond shall survive the ccmpletion of the work described in the Contract as io all obligations and liabilities of the Principal which survive completion of the work. IJv WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surely, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure- of the Principal to eeecuie or property execute this bond. Dated: September 26. 2016 ATTEST Nobest Incorporated 0Ave..Garden rove CA 92541 Name: (Corporate Seat) al me: L Title:Y ATTEST Merchants Bonding Company (Mutual) 6700 Westown Parkway. West Des Moines, IA 50266 (Corporate Seal' uc 5v: r ro Avala (Signature of AttorneICPK5cI for Surety) (.Attach Attorney -In -Fact Certificate) (Hoo1 678-8171 (Area Code & Telephone Number for Surety) APPROVED AS TO Fr'I4 . - rvtichaet E. Gztes, City Attorney l Rioter This bond must be executed in dupficare and dated, all signatures must be notarized, and evidence of the authority of any person sionina as atfomey-in-fact mus! be attached. PERFORMANCE BOND PaDt 2 oft 0;74 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County Of Orange On October 17,2016 before me, Ray E. Anderson/Notary Public (Here insert name and title ofthe officer) personally appeared Larry Nodland who proved to me on the.basis of satisfactory evidence to be the personal) whose name] swy is/pe6ubscribed to the within instrument and acknowledged to me that he/5he/fley,executed the same in hisjlie-rlt>Yauthorized capaci%iOS5, and that by his/jiel`/tj2 signatures-) on the in the persoi�sY or the entity upon behalf of which the person acted, executed the instrument. I certify -under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KAY E. ANDERSON Commission # 2031255 Notary Public - California z WI my d and official seal. a .' - y Z '''' Orange County n My Comm. Expires Jun 27, 2017 Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description ofattached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (Le. certifying the authorized capacity of the signer). Please check the document carefullyfor proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/they. is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. r Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 9/26/16 before me, Susan Pugh , Notary Public, Date Insert Name of Notary exactly as it appears on the official seat personally appeared _ Arturo Ayala Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/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. SUSAN f Ui;H carnrl. =2�.os-;ins I certify under PENALTY OF PERJURY under the laws of Not.,ry Puldic-GaGturnia It the State of California that the foregoing paragraph is true \ OWNGE COUNTY LL and correct. Li, i.wwv r� pires Ali, `912019 µ( - -- - Witness my hand and official sea Signature v Place Notary Seal Above Signature of Notary Public J Susan Pugh OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Performance Bond Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General Fvj Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Two Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Bond No. CAC714216 MERCHAN; BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING. INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Andrew Waterbury; Arturo Ayala; Daniel Huckabay; Dwight Reilly; Michael Castaneda; Shaunna Burchfiel their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWENTY MILLION ($20,000,000.00) DOLLARS This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint 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." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification. thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 1st day of March , 2016 STATE OF IOWA COUNTY OF Dallas MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. ,. �� 7yt President On this 1 st day of March , 2016 , before me appeared Larry Taylor, to me personally known, who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing Instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. tiV.'ars WENDY WOODY c v Commission Plumber 784654 My Commission Expires �� Juno 20, 2017 Notary Publ, , County, Iowa (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 26th day of September , 2016 Secretary POA 0014 (6/15) D n -a-n n �G a nn rnn non ° U/l,o D -� nD7ann� z 7a D z0 �n �n n ° uj N O N 7 0 M Z3 `y: O O O O O O C 7 O r0-r N O O O 7 D_ N O- l0 ID d a O O� m O Ln O Ol N D 7 'O 'O 'O 'O O 'O j N rrlr C ❑1 Orti j ID 'O 'O VOi n rt N (� C '0O '0O ❑1 N❑1 Oo 7 O 7 3 K VI• K n 7 'G rt ""''O C� p7 O n N -p n -�3 p N N > > n0 N -a O O O 7 < j c Dni a rt n 3 3 O Q) rt rtct N N r=t Ln O 7 w V m > c > tp m rn O - 7 En rt n mU1�D O m Z 0 m r -t o O z D < n O n D D fD rt En O N p O 00 ;a w G w m m m n rt m O tv rr m 3 m X n � D O m O Z Om O Z Z M Z n O D 3 D Z oa Z o c I c a r 0) N N O O co n �1 0 O �1 0 (D �1 rt 3 (D rt O Ln c Qj n m Q' O7 n K O It O V co z C '-� mLO n m r z m O C LO -< m o �rt rt o S rt (D Di (D rt V) lD � 3 6 c Ln (D Q1 Ln Ln Ln lD � (D O =r rt (D S Ln (D m O =. O (D L Ln aj O a1 rt Ln c Qj Q1 n m G. N N CITY FUNDED CONSTRUCTION CONTRACT BETWEEN 1-1-Ift CITY OF HUNUNGTON BEACH AND )- OR c- fY,, 9 — ni�C :aa� L c 0 ,�- �. ,� a cruxz- d vE TI IIS AGREEMENT ("Agreement") is made and entered into by and between the Cily of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a C.-A - corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described asM4-'sYn the City of'Huntington Beach- and CONTRACTOR. has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans.. tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY. from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, 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 1 16-519i!city-funded-construction-contract.doc — revised 04/2016 for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement. and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK, PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), has inspected the location of the job site, and the conditions under which the \-VOrk is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. it is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY. and any revisions, amendments or addenda thereto, D. 'File edition of Standard Specifications .for Public Works Construclion, Published by Builders' News, Inc., 10801 National Boulevard, Los 2 16-5195;"city-funded-construction-contract.doc — revised 04/2016 Angeles, CA 90064, and all amendments thereto. written and promulgated by the Southern California chapter of the American Public. Works .Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the. Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACT'OR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications. Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 16-5195!city-funded-construction-contraei.doc — revised 04/2016 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 DOCUrnelltS, a sum 1-10t- to exceed Dollars as set forth in the Contract Documents, to be paid as provided . in this Agreement. 4. C'OMMENCEMEN'T OF PROJECT CONTRACTOR agrees to commence the PROJECT Nvithin ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within ( )-o ) consecutive Working days from the day the Notice to Proceed is issued b.�' DPW. excluding delays provided for in this Agreement. 5. TIME OF TFIE 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 Docuniem-s. 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 wvith 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 VVhich 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 wort: of other contractors. 4 16-5195;city-tiuuled-construction-contracI.doc -- revised 0412016 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPVV and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement Unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to Unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 16-51951city-flmded-construction- contract.doc - revised 04!2016 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 Cite Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACT"OR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition. CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to. any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all faxes, social security, state disability insurance compensation, unemployment compensation and other 6 16-5195/cit3,-funded-construction-contract.doc revised 04/2016 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. 1 I. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the nurllber of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to btu% ,0 s C CITY, as liquidated damages and not as a penalty. the Sunl of ($,'5'0 `)'Per each calendar days 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 CTI'Y 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, tire; floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of' time), notify DPW in writing of the cause of the delav and CITY shall extend the time tier completing the wort: if. in its judgment- the 7 1 G-5195 city-funded-construction-contract.doc — revised 04/201 G 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 (it' the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR; or in the event of a locl«ut by CITY, then the time herein fixed for the completion of the wort: 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 bc; the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. (1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation Under Section or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the. CONTRACTOR for any of the following: (a) A time extension; S 16-5195/city-funded-consuvction-contract.doc - revised 04/2016 (b) Payment of money or damages arising from Nvork done by, or on behalf of. the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement: (c) Payment of an amount the CITY disputes: (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions. such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT.- or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW (or his or her written designee). All Demands shall be submitted promptly; but in no event later than thirty (30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Derriand. The DPW shall act on the Demand within fifteen (15) days after receipt: including by requesting additional information from the CONTRACTOR to determine \,hether to approve the Change Order the Demand seeks. The DPW shall act on the Demand 9 16-5195/city-funded-construction-contrael.doe — revised 04/2016 within fifteen (15) days after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW s written response on the Demand, or the CITY fails to respond within the time prescribed. the CONTRACTOR may so notify the City Engineer, in writing, either within fifteen (15) days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively. and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter I (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title I of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the 10 16-5195/city-funded-construction-contract.doc - revised 04/2016 CONTRACTOR submits his or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. I >. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule; the bid price shall prevail subject to the provisions of this Section. DPW may., at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. if the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 1.4. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW. faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CON"(RACTOR may be paid such I 16-5195!city-funded-construction-contract.doc — revised 04!2016 stun as will bring the payments of each month up to one hundred percent (100%,) of'the value Of' the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW. less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered. shall be made thinly -five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY, Provided, however. that in the event of a dispute between CITY and CONTRACTOR. CITY may withhold from the final payment an anIount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest. if any thereon. CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the wort: contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there_ are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed 12 16-5195lcity-funded-construction-contract.doc — revised 0=412016 claims. or items in connection with Notices to Withhold, which have been tiled under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. A. The CITY has ascertained from the Director of Industrial Relations of the. State of California [lie general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime wort: in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every cmployee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5195/city-funded-construction-contract.doc — revised 04.2016 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section l 774 and 1775 of the California Labor Cocle, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA FIGHT -HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one days work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours; showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor tier each calendar day during which such worker is required or permitted to work more than eight (8) hours in any 14 16-519�/city-funded-construction-contract.doc — revised 04/2016 one (I ) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 20, PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 2l . EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week; and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. INDEMNIFICATION DEFENSE. MOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents. and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's 15 16-5195!city-funded-construction-contract.doc —revised 04,,2016 i property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors. anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active. or passive negligence, except where caused by the active negligence. sole negligence. or willful misconduct of the CITY. its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 2)4. WORKERS' COMPENSATIONAND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation, CONTRACTOR covenants that it �vlll comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 16-5195icity- funded -consn-uction -contract.doe — revised 04/2016 25. INSURANCE in addition to the workers' compensation and employer's liability insurance and CON"IRACTOR's covenant to defend. hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. '['his policy shall indemnify CONTRACTOR, its officers. employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage. including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. `]his policy shall name CITY, its officers, elected or appointed officials, employees, agents. and volunteers (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONT'RACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above -mentioned insurance contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Five Thousand Dollars ($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/city-funded-construction-contract.doc -- revised 04/2016 26, CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder. CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: i . 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 fi�regoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay. in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials. employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. NOTICE OF THIRD PARTY CLAiM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction 18 16-5195/cite-ftmded-cons4vction-contract.doc - revised 04/2016 which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 28. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hcrcunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR. CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in w-high the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29. 29. TE.RNIMATION 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 wort: in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed. and costs incurred by 19 16-5195icith-funded-consu-uetion-conu-act.doe -- revised 04/2016 reason Of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCDMEN"I S CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 3l. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or anv part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 33. STOP NOTICES-, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices. Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice tiled in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or 20 16-5195/city-funded-construction-contrac.t.doc — revised 04/2016 expense so incurred against any sum or sums Owed by CITY to CONTRACTOR under tliis Agreement. 34. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRA.CTOR's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to v-vhich subsequent notices. certificates or other communications will be sent by notifying the other party via personal delivery. reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: , Public Works /f 2000 iv4ain Street ((((( Huntington Beach, CA 90648 u Ar-C a�O 35. SECTION HEADINGS TO CONTRACTOR: 4,,c, 6 (VG c e A ATTN : L, 0.ajLa 0 D O 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. _'I 16-51951city-funded-construction-contract.doc — revised 04/2016 36. IMMIGRATION CONTRACTOR shall be responsible for full compliance v';1th the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324ri regarding employment verification. 37. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services. and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 38. ATTORNEYS 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 attorneys fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. .3 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 patties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other 22 16-5195/city-funded-construction-contract.doc - revised 04!3016 vvhenever the context so indicates or requires. Nothing contained herein shall be construed so as io 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 ofthe law. 40. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws cif the State of California. 41. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 42, CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 43. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44, MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 16-5195/city-funded-construction-contract.doc — revised 0412016 45. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power; authority and right to bind their respective parties to each of the terms of this Agreement. and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 46. ENTIRETY The parties acluiowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties. oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this ,Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 16-5195icity-funded-constriction- contramdoc — revised 04'2016 P"! WITNESS WHEREOF. the parties hereto have caused Chis Agreement to be executed Il and throu-h their AW110rized officers on S'!t/ , 2U i6 . CONTRACTOR: �a 12 (print nXne) ITS: Chairman re' ice -President (circle one lit ND, print name) 1( ': Secretary / 'hief Financial Officer Asst. Secretary / `I-reasurer (circle one) CI-IY OF HUN'1INAON BEACH, a municipal coXporation oLtltjtate ref Caliiornia l� City Clerk I ollclllrvlam' {� .� lNI"f 1ATED AND PPRO\/ED: Director f Public Works REVIEV"Pitf APPROVED: ity Manager 25 16-5195/cite-funded-construction-contract.doc — revised 04/2016 N 10, 11 9A11 V A I W I CAL1141 11 ISBN, � M1 State of California County of Orange On October 17,2016 before me, Kay E. Anderson/Notary Public , (Here insert name and title ofthe officer) personally appeared Larry Nodland and Robert Nodland II , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) s are subscribed to the within instrument and acknowledged to me that.hdsfle/they executed the same in b-i4er/their authorized capacity(ies), and that by 134edtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m and and official seal. KAY E. ANDERSON Commission # 2031255 Notary Public - California z z fib.-v: a z �-•� `� - Orange County Signature of Notary Public (Notary4 Seal) ""' My Comm. Expires Jun 27, 2017 Y !8 V ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT „(Title or description of attached document) (Title or description ofattached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) M Corporate Officer ( s ) Larry Nodland—President (Tile)Robert Nodland II —Seca ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryC[asses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the rotary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California fl.e. certifying the authorized capacity of the signer). Please check the document carefullyfor proper notarial wording and attach this form if required c State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment a Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. o The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). o Print the name(s) of document signer(s) who personally appear at the time of notarization. e Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/##tey, is /am) or circling the correct fortes. Failure to correctly indicate this information may lead to rejection of document recording. o The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. o Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. 3 Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). a Securely attach this document to the signed document 4 SECTION C PROPOSAL for the construction of Median Island Installation at Yorktown Avenue and Huntington. Street CC No. 1459 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 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-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find t in the amount of ; G' which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bi able to the AGENCY. (Please insert the words "Cash", "Certified Check", or "B der's Bond for o as the case may be) Any standard Surety Bid Bond form is acceptable. Bid [jer shall zionifv rr>rr>int of all A Arlo -Al l,-,- ;f'.,,.,�,. C-2 SECTION C PROJECT BID SCHEDULE A CC-1459 MEDIAN ISLAND INSTALLATION YORKTOWN AVENUE AND HUNTINGTON STREET BID ITEMS Item Description Quantit Y Unit Unit.Cost Total Cost i i 1 Mobilization. 1 LS $ 06 3 q� 2 Furnish Project Traffic Control. 1 LS $30. 1V $ 3,M.- Construct Raised Median Island at Yorktown Avenue and Huntington Street. (Item includes all appurtenances, 3 excavation, aggregate base, pervious colored concrete, curb, 1 LS slot pave) 70' ZX,- $ �( Zo 0. TOTAL BID — AMOUNT SCHEDULE A $ � TOTAL BID AMOUNT IN WORDS: Note: Refer to Section 9, Measure and Payment for description of each Item on Bid Schedule. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR Dollar % of Items) J11Subcontractor License Number A»iount Contract` 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 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 6 -35-i,at G 611-1 �L�F,�- r Date City State being first duly sworn, deposes and says that he or she is of /U��'c�'�,/e�, 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, comuved, 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 C-4 State of California County of Orange before me, Ray E. Anderson/Notary Public (Here insert name and title of the officer) personally appeared Larry Nodland who proved to me on the basis of satisfactory evidence to be the person whose name( -Yis/arksubscribed to the within instrument and acknowledged to me that he/5he/therexecuted the same in his/,her theif authorized capacityes5, and that by his�el�/t} sir signature ks)'on the instalment the person(s), or the entity upon behalf of which the personO acted, executed the instrument. I certify.under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CRaKAY E. ANDERSON Co mmission # 2031255 55WI S my and official seal. Notary Public -California Z Orange County D �s�'d. My Comm. Expires Jun 27, 2017 f Signature of Notary Public (Notary Seal) AIDIDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ,,(Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as maybe printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/tkeg- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer, if the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Median Island Installation at Yorktown avenue and Huntington Street, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proxinuty 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 pei formed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that -the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes C No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: — `V "/ `, C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: kj,C�S. �` 7 Bidder Name Business Address City, State Zip (7110 Telephone Number State Contractor's License No. and Class Ij_ fir, Original Date Isis?ued Expiration Date The work site was inspected by �Wff e of our office on Ui1Ie r� �( , 201 d. The following are persons, firms, and corporations having a principal interest in this proposal: The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans C'Md specifications set forth. /y, �) -b e�; - - - f -,I, . r�—� Company N SU�natur&of Bi Printed or Typed Signature Subscribed and sworn to before me thi3-0 day o NOTARY PUBLIC lJ #-� , 201�,. :.-... KAY E. ANDERSON •/ Commission # 2031255 r Public - California z �'`OTARTaS�A,nfy My Comm. Expires Jun 27, 2017 C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Subscribed and sworn to before me this day of A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cq I t Ar n I A ) County of Cronq'P_ ) On l0 30—Z 01 (o before me,F. l V O-lzi►'l/ kblt 6 Month, Day, and Year In ert Name and Title of Notary personally appeared F^ r N Dd IGY)d Name(g' of Si who proved to me on the basis of satisfactory evidence to be the person(f whose name(4a is/Xe subscribed to the within instrument and acknowledged to me that he/�/� executed the same in hishuthorized capacity(,ip< and that by his/},et signature's; on the instrument the person�or the entity upon behalf of which the personXacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KAY E. ANDERSON Commission # 2031255 Notary Public California z z Orange County r h^v Comm. Expires Jun 2 %, 2017 :fin vj ,9W ^:i .. , r g, w'tY '.r'° �'i+�yc`ry,'y�py(�i'•..'�°a�cnelP'.y�.�'n WITNESS my hand and official seal. Signature ign of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and lZreater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. �ee �ff6riz��o l 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-10 NOBEST INCORPORATED REFERENCE LIST Page 1 No. 1 Project Name/Number: Bay Avenue Maintenance #6 Project Description: Remove and Replace Concrete Streets and Alleys Approximate Construction Dates: From: 3/2015 To: 6/2015 Agency Name: City of Newport Beach Contact Person: Mike Sinacori Telephone: (949) 644-3342 Original Contract Amount: $826,000 Final Contract Amount: $ 836,063 No. 2 Project Name/Number: Residential Tree Petition Street hnprovements Project Description: Remove & Replace Curb & Gutter. Sidewalks. Driveways Cross Gutter. Tree Planting Coldmill and Overlav Approximate Construction Dates: From: 8/2015 To: In Progress Agency Name: City of Huntington Beach Contact Person: Dave Verone Telephone: (714) 536-5431 Original Contract Amount: $650.501 Final Contract Amount: S In Prowess NOBEST REFERENCE LIST Page 2 No. 3 Project Name/Number: Annual Concrete Maintenance Program Project Description: R & R Concrete Sidewalks Curb & Gutter Drive Approaches and Curb Ramps Approximate Construction Dates: From: 2/2013 To: Present Agency Name: City of Huntington Beach Contact Person: Dereck Livermore Telephone: (714) 960-8861 Original Contract Amount: S500,000 Final Contract Amount: S In Progress No. 4 Project Name/Number: Section 2 Concrete Repair & Miscellaneous Slurry Projects Project Description: Remove & Replace Sidewalks, Driveways Curb Ramps and Curb & Gutter Approximate Construction Dates: From: 8/2014 To: 10/2014 Agency Name: City of Manhattan Beach Contact Person: Juan Price Telephone: (310) 802-5310 Original Contract Amount: S 1,119.790 Final Contract Amount: S 1,138,600 NOBEST REFERENCE LIST Page 3 No. 5 Project Name/Number: Annual Concrete Rehabilitation Project 128 Project Description: Remove & Replace Sidewalk, Curb Ramps, Curb & Gutter, and Tree Removals Approximate Construction Dates: From: 5/2015 To: 8/2015 Agency Name: City of Cypress Contact Person: Dario Simoes Telephone: (714) 229-6694 Original Contract Amount: $514,000 Final Contract Amount: S 431,883 No. 6 Project Name/Number: Safe Routes to School Grant Project Description: Remove and Replace Sidewalk Curb & Gutter Driveways Curb Ramps and Alleys Approximate Construction Dates: From: 8/2014 To: 7/2015 Agency Name: City of Pomona Contact Person: Matt Pilarz Telephone: (909) 620-3652 Original Contract Amount: S 1,515,103 Final Contract Amount: S 1,700,000 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. l . 3 Cg�— ["6� i t Name of proposed Project Manager 2. Telephone No. of proposed Project Manager: Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Name of proposed Superintendent Date Completed Telephone No. of proposed Superintendent: -7% �g �67- -04/, Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Date Completed Date Completed Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http:HNAww.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link — Call (844) 522-6734 https://efrlulg.dir. ca. gov/P W CP,/Acti onServlet?action=di splayP WCRegistrationForm DIR's Contractor Registration searchable database: https:Hefiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Date: r..50 I (.., Title DIR#: �'466,I)ol/S�? C-12 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Yorktown Avenue Raised Median CC NO. 1459 in the CITY OF HUNTINGTON BEACH June 15, 2016 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) THE FOLLOWING SHALL BE ADDED TO NOTE 1 ON SHEET 2 OF 3. Pervious stamped concrete shall be per City Standard Plan 711 with the exception of note 6. (City Standard Plan 711 Attached - 2 Sheets) This is to acknowledge receipt and review of Addendum Number One, dated June 15, 2016. k�h(7 5 �— -- - a 'r ° Company Name y Date All bidders must acknowledge and include the receipt of this Addendum with our bid proposal. Should you have any questions regarding this Addendum, pleas all William Janusz at (714) 536-5431 within 24 hours of posting. CC-1459, Addendum No. 1 Page 1 of 3 SEE DETAIL "A" VARIES VARIES VARIES SEE DETAIL \'>C" A Q w z LANDSCAPE J A p I 3'RADIUS �_ Q LANDSCAPE- A 9' RADIUS POINT DEFT TURN POCKED 12"SOLDIER VARIES COURSE SEE DETAIL "C"\ SEE DETAIL "A" Q z �w LANDSCAPE- � 13' RADIUS POINT MEDIAN OPENING5 RADIUS y 4" A AIZ JULUIt-K COURSE STAMPED CONCRETE DETAIL fl " G" DETAIL AIL "" FINISHED GRADE KEY (TYP.)/ SECTIONA® GENERAL NOTES 1. SEE STANDARD PLAN 111, SHEET 2 OF 2, FOR SPECIFICATIONS, 2. RADIUS POINT DIMiENSIONS ARE FROM CURB FACE, 5. STAMPED CONCRETE 10 BE PLACED ON ANATIVE OR 90% COMPACTED KFILL SOIL. T AMPEED CONCRETE f OF U TINGTO � BEACH ,STANDARD /f DEPARTMENT OF PUB! iC WORKS PLAN - 11 CI i Y EIJGHI 4 201.E 01 2 ob SPECIFICATIONS FOR STAMPED CONCRETE INSTALLATION: 1. STAMPED CONCRETE INSTALLATION SHALL CONFORM TO SECTION 303-6 OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 1988 EDITION OF THESE SPECIFICATIONS. 2. THE USE OF A SIX (5) SACK PEA GRAVEL MIX IS ACCEPTABLE FOR PUMPING CONCRETE TO MEDIANS. 3. COLOR - CONTACT THE CITY OF HUNTINGTON BEACH PUBLIC WORKS INSPECTOR A, T (714) 536-5431 FOR SPECIFIC COLOR APPLICATIONS GENERALLY DESCRIBED AS: A. "DARK RED" (A-27) COLOR AS MANUFACTURED BY L.M. SCOFIELD CO, ON NEW INSTALLATIONS, OR, B. "BRICK RED" (A-26) COLOR AS MANUFACTURED BY L.M. SCOFIELD CO. WHEN MIATCHING EXISTING STAMPED CONCRETE. !N BOTH INSTANCES THE COLOR SHALL BE APPLIED PER SECTION 303-6.3.1 (DRY SHAKE) METHOD "A" OF THE STANDARD SPECIFICATIONS. 4, THE PATTERN SHALL BE "RUNNING BOND COBBLESTONE" AS DESIGNATED BY THE BOMANITE CORPORATION AND AS DETAILED ON STANDARD PLAN 711, SHEET 1 OF 2. USE DETAIL "B" FOR CROSSWALK AREAS OI`JLY, 5. 'COLORED CONCRETE SHALL BE CURED WITH LITHOCHROME COLOIRWAX OF THE MIA T CHING COLOR AS DESIGNATED BY L. M. SCOFIELD COMPANY. 6. THE PRICE BID FOR STAMPED CONCRETE SHALL BE CONSIDERED TO INCLUDE FULI PAYMENT FOR ALL MATERIALS, LABOR, EQUIPMENT AND INCIDENTALS REQUIRED TO INSTALL ST,ADAPED CONCRETE IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS - �.P P 0',`E D: _CITY LNG CIS OFF HUNTINGTON BEACH DIP'°;R TMIFN I OF PUBLIC WORKS 2013 STANDARD PIAN 711 2 0F 2 Bid Bond ,CONTRACTOR: (Name, legal status and address) Nobest Incorporated 7600 Acacia Ave. Garden Grove, CA 92841 OWNER: (Name, legal status and address) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Bid Bond Number: CSBA-2498 SURETY: (l\Tame, legal status and principal place of business) Merchants Bonding Company (Ivlutual) 6700 Westown Park -way West Des Moines, L), 50266 This document has important legal consequences. Consultation with An attorney is encouraged with respect its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered Plural where applicable. BOND AMOUNT:: Ten Percent (10 %) of Amount Bid PROJECT: Median Island Installation at Yorktown Avenue and Huntington Street, CC No. 1459 Project Number, if any: The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.—� (Vitness) Rudy Uneta By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.o) makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that t the original text of this document conforms exactly to the text in AIA Document A310-2010, Bid Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. State of California County of Orange On 6, '-'30-4% before me, Kay E. Anderson/Notary Public , (Here insert name and tide of the officer) personally appeared Nodland and Robert Nodland II who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ;ire subscribed to the within instrument and acknowledged to me that, idloelthey executed the same in �Wher%their authorized capacity(ies), and that by hi-s'/rdtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KAY E. ANDERSON Commission # 2031255 WITNES y h and official seal. z ,c ' ; ;;j Notary Public - California Z z �';'=.o;�' Orange County EN Comm. Expires Jun 27, 2017 ` (Notary Seal) SIgnature of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT „(Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) IN Corporate Officer ( s ) Larry Nodland—President (Tide)Robert Nodland II —Sec. ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that it illegal for a notary in California (i.e. certifying the authorized cmpacfty of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your tide (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wsbe/dwy%- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 06/22/2016 before me, Karen L. Ritto personally appeared Arturo Ayala , Notary Public who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. � \ KARFN I R1TT0 �y� IL ..;.r.• oRaNu _ ;o_ r.;; /iV� ren,m. upi;es Dec 30. 2019 I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. VTN Q4y, hind and official seal. Signature of &Ary Karen L. Ritto 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ MEMBER of LLC ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: DESCRIPTION OF ATTACHED DOCUMENT : • Title or Type of Document One Number of Pages 06/22/2016 Date of Document SIGNER IS REPRESENTING: Signer(s) other than named above NAME OF PERSON(S) OR ENTITY(IES) MIERCHANi744k Bond No. CSBA-2498 BONDING COMPANY,,, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Andrew Waterbury; Arturo Ayala; Daniel Huckabay; Dwight Reilly; Michael Castaneda; Shaunna Burchfiel their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWENTY MILLION ($20,000,000.00) DOLLARS This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint 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." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 1st day of March 1 2016 �110t,►4 ' .,, C . \�1G CQ MERCHANTS BONDING COMPANY (MUTUAL) 4 , a} " OHO �•POA41A- • � MERCHANTS NATIONAL BONDING, INC. �q,•;v� •. o •'�0 9�, .yam• _ •.yJ. �ly• By/ 7 STATE OF I OWA "�..�,��pt`'` • • - COUNTY OF Dallas ss. '"' + President On this 1st day of March 2016 , before me appeared Larry Taylor, to me personally known, who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �PFx<s WENDY WOODY o> Commission Number 784654 ? My Commission Expires June 20, 2017 Notary Pubh , County, Iowa (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 22nd day of June , 2016 POA 0014 (6/15) ar,.atttn..ep 4,1,% 0' 41` •''��IfI11�r.tf li.it'' .• .• �D\NG • CO,y�A. r :•y; 1933 : y� Secretary Wx 1-0 C") c-3 LU 0116 o co MC\j 00, co rr, , ca ti CITY OF HUNTINGTON BEACH PROJECT NAME: Median Island Installation at Yorktown Avenue and HL CC#: 1459 BID OPENING DATE: 6/30/2016 TIME & LOCATION: 2:00:00 PM Council Chamber ENGINEER'S ESTIMATE: na BIDS SUBMITTED (AS READ AT OPENING) BIDDER'S NAME FINAL APPARENT BID RANK AMOUNT �a n,-0 /4aX34&eo 115785 117 06V IW 3 3 2 o 2z 7700 PTS O4252016 Version 15 CC1459.xlsx TE( �Zo16Y) AC R" CERT CATE OF LIABILITY INSUR,' 'CE DATE (M 111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Milestone Risk Management & Insurance Agency CONTACT NAME: Catherine Sariana _ PHONE (949) 852-0909 _ _ FAX N, cl (949)e52-1131 License No. OB72766 ADORIL csariana@milestonepromise.com INSURER(S) AFFORDING COVERAGE NAIC ii__ 8 Corporate Park, Suite 130 Irvine CA 92606 _ INSURERA:Great American Assurance Co. 126344 INSURED INSURERB:Travelers Indemnity Company of CT l 025682 Nobest, Inc. INSURERC:RSUI Indemnit Co. _ 122314 P.O. Box 874 _ INSURERD:Travelers Pro art Casualty of P Y _T- 1 025674 INSURER E:Hart ford Fire Insurance Co. ' 019682 _ INSURERF: Westminster CA 92684 COVERAGES CERTIFICATE NUMRERI6/17 Master RFVICIAN NIIIIARGR- THIS IS TO CERTIFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 1-HE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IADDL LTR TYPE OF INSURANCE 1 SUBR POLICY EFF POLICY NUMBER MM/DD Y POLICY EXP D YY _ LIMITS X COMMERCIAL GENERAL LIABILITY i EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE X OCCUR + PREMISEl'O�`urD—i PREMISES Ea occurrence) S 50,000 — GLP3176942 10/1/2016 APPROVED AS TO FORM 10/1/2017 ME0 EXP (Any one person) S Excluded - — --- PERSONAL & ADV INJURY S 1,000,000 S 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER,_GENERALAGGREGATE POLICY XJE� LOC tip! �/`��` iv ;z; �z�� I By PRODUCTS-C_0_MP/OPAGG 000 Employee Benefits $ 1,000,000 OTHER: AUTOMOBILE LIABILITYCOMBINED _ P CITY ATTORNEY i SINGLE LIMI Eaaccident __� $ 1,000,000 X ANY AUTO CITY OF HUNTINGTON BEACH BODILY INJURY (Per person) $ B ALL OWNED SCHEDULED X_ AUTOS X AUTOS 8100782P771 10/1/2016 j 10/1/2017 BODILYINJURY(Peraccident)' S NON -OWNED I X HIRED AUTOS '_ R AUTOS j I PROPERTY DAMAGEr- _ (Per accident) } -- 1 $ X COMPDED X COLLDEDt000 Uninsured motorist combined _ $ 1,000,000 UMBRELLA LIAB X OCCUR f EACH OCCURRENCE _ Is 4,000,000 AGGREGATE ($ 4, 000, 000 G, X EXCESS LIAB CLAIMS-MADEI —"-----i NHA238821 10/1/2016 10/1/2017 DIED RETENTION$ _._ -- $ WORKERS COMPENSATION `j X_J AND EMPLOYERS' LIABILITY Y / N I SPER TATUTE ER _- _- - _I ANY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L. EACH ACCIDENT �___ I $ ,000,000 1,000,000171 E.L. DISEASE - EA EMPLOYEE _._ $ 1, 000,000 D (Mandatory in NH) UB0782P771 10/1/2016 10/1/2017 If cribe under DESCRIPTIION OF OPERATIONS below —�F.� I I E.L. DISEASE - POLICY LIMIT I $ _ 1 000,000 E Rented/Leased Equipment i �72MSZN3454 10/1/2016 10/1/2017 :Limit $100,000 I i Deductible $1, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) City of Huntington Beach, it's officers, elected or appointed officials, employees, agents and volunteers are included as an additional insured when required by contract. Primary and Non -Contributory applies when required by contract. GL &/or WC Waiver of Subrogation applies when required by written contract. Auto additional insured and waiver of subrogation apply when required by contract. t tnllri1,AltnVLULH GANIiIION RE: Median Island Installation at Yorktow Huntington Street, Project # 1459 City of Huntington Beach 2000 Main St Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE sa Shen/TERESA2 CO 1988-2014 ACORD CORPORATION. Ali rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) Policy # GLP3176942 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Opera- tions As required by written contract As required by written contract City of Huntington Beach, it's officers, elected or appointed officials, employees, agents and volunteers. Information required to complete this Schedule, if not shown above, will be shown in the Declarations Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury'' or "property damage" caused; in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 CG 20 33 (Ed. 07 04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION 11 - WHO IS AN INSURED is amended to include as an Additional Insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an Additional In— sured on your policy. Such person or or— ganization is an Additional Insured only with respect to liability for "bodily injury," "prop— erty damage" or "personal and advertising in— jury" caused, in whole or in part, by: 1. your acts or omissions; or 2. the acts or omissions of those acting on your behalf; in the performance of your ongoing oper— ations for the Additional Insured. A person's or organization's status as an Ad— ditional Insured under this endorsement ends when your operations for that Additional In— sured are completed. B. With respect to the insurance afforded to these Additional Insureds, the following addi— tional exclusions apply: This insurance does not apply to: 1. "Bodily injury," "property damage" or "per— sonal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw— ings and specifications; or b. supervisory, inspection, architectural or engineering activities. 2. "Bodily injury," or "property damage" oc— curring after: a. all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the Additional Insured(s) at the location of the covered operations has been completed; or b. that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than an— other contractor or subcontractor en— gaged in performing operations for a principal as a part of the same project. CG 20 33 (Ed. 07/04) XS Copyright, ISO Properties, Inc., 2004 GAC 3649CG (Ed. 11 06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NON-CONTRIBUTORY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM This insurance is primary to any other insurance held by third parties with respect to work performed by you under written contractual agreements with such third parties and any other insurance which may be available to such third parties shall be non-contributory. GAC 3649CG (Ed. 11 /06) XS CG 24 04 (Ed 05 09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Schedule Name of Person or Organization: I Any person or organization for whom or on whose behalf "you" are performing operations when "you" and such person or organization have agreed in writing in a contract to waive any right of recovery "we" may have against such person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to paragraph 8. Transfer of Rights of Recovery Against Others to Us of SECTION IV - CONDITION We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" This waiver applies only to the person or organization shown in the Schedule above. Copyright, ISO Properties, Inc., 2008 CG 24 04 (Ed 05/09) PRO (Page 1 of 1) TRAVELERS'I' ONE TOWER SQUARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) — 001 POLICY NUMBER: DTJUB-0782P77-1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 01.000 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Insured Endorsement No Premium Insurance Company Countersigned by DATE OF ISSUE: ST ASSIGN: Page 1 of 1 Policy No: 8100782P771 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of thls en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE —GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured. of SECTION II — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section N. C. EMPLOYEE HIRED AUTO The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION II — LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 0310 © 2010 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. to the "insured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deductl- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC. TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident'. I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph AA.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.l.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or 'loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". CA T3 53 0310 © 2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 Attn: Risk Management ail: Heather.Camobell c surfcity-hb.ora Phone: 714-536-5210 Fax: 714-374-1743 INSURANCE CEK14FICA`1'E REVISION(S) REQUESTED Date: ire 4 / ly Re: N 0 � x ` A- <, n C . . The following information is being requested in order to process your insurance request. Please advise your insurance carrier of the information needed as soon as possible. We will keep your documents on file for 60 days awaiting required additional information. (After 60 days, your incomplete insurance information will no longer be kept on file) *Renewal certificates are routinely received If you do not have a current need for your insurance to be on file/approved per City oj'Huntington Beach requirements, please disregard this notice. ❑ No General Liability (G/L) Insurance was submitted or the existing coverage has lapsed. ❑ No Auto Insurance was submitted or the existing coverage has lapsed. If no autos are being used a waiver can be requested from Risk Management. ❑ No Worker's Compensation (W/C) certificate was submitted or the existing coverage has lapsed. If you have no employees, you must sign the "Declaration of Non -Employer Status" form available from the Risk Management Division. Additional Insured Endorsement Page is required. It should include the G/L and Auto Policy numbers and the specific naming "The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers " as additionally insured on both certificate and endorsement. D'�The Additional Insured Endorsement coverage doesn't meet the requirements. Coverage requirements include liability arising out of action performed by or on behalf of the contractor, products an cor eted-eperations of the contractor; or automobiles owned, leased or borrowed by the contractor and the coverage shall contain no special limitations on the scope of protection afforded to the City, its agents, officers and employees. i Insurance provided to the City shall be primary, with the any insurance or self-insurance by the City, its agents officers, and employees shall be excess of the contractors insurance and shall not contribute with it. 11 Or,l )1A6. (\4 Vv k ❑ The G/L/Auto certificate does not provide at least $ ,000,000 combined single limit coverage and/or does not specify the type of claim as Per Occurrence. ("Claims Made" type coverage is only acceptable for Professional Liability insurance). ❑ The Worker's Compensation insurance: As required by the State of California, with Statutory Limits and Employer's Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. ❑ Professional Liability (P/L) or Errors & Omissions (E & O) Insurance — Failure to provide a rninimurn of $1,000,000 coverage for professional services. ❑ The deductible on the GL/Auto/Professional Liability exceeds our allowances. Anything beyond the $10,000 for Professional Liability, $5,000 for General Liability, or $1,000 for Auto Liability would require either the policy changed to an acceptable deductible or "insured" may request a waiver. There are no allowances for SIR. ❑ The Cancellation Clause must have a 30-day cancellation notice. A ten (10) day notice in the event of non-payment is acceptable in combination with the standard 30-day notification. ❑ Description of work/staff contact and purpose of evidence must be identified See Reverse Side for Waiver Procedure and Additional Information WAIVER PROCEDURE: If unable to comply with a requirement, the "INSURED" may request a waiver of a specific requirement. The Insurance Waiver form is an internal form that the "City" will complete. To request a waiver, indicate here ❑ and provide a brief description (I — 2 sentences) of the proposed work/project, its dollar value (if not a specific dollar amount, use an average, annual estimate or non-profit, as applicable) and projected timeframe (per job or as -needed basis). For substantial dollar deductibles/SIR, a financial statement is required. (Dunn & Bradstreet, etc.) Proposed Work: Dollar Value: Projected Timeframe: INSURANCE REQUIREMENTS VARY FOR DIFFERENT APPLICANTS AS FOLLOWS: 1. CONTRACTORS — Any persons or entities or Contract with the City and/or provide service to the City which are readily available and efficiently procured by competitive bidding. Requirements: General Liability, Workers' Compensation, Auto Liability, Additional Insured Endorsements 2. DESIGN PROFESSIONALS- Professional Service contractors who contract with the City and/or provide architectural and/or engineering services to the City. Requirements: Errors and Emissions (Professional Liability) 3. LICENSEES/LESSEES — any person or entities who make contract with the city for the use of public property. Requirements: General Liability, Workers' Compensation, Property Insurance, Additional Insured Endorsement 4. PERM [TEES — any persons or entities who make application to the City for any use of encroachment upon any street, waterway, pier, or City property. Requirements: General Liability, Workers' Compensation, Auto Liability, Additional Insured Endorsements 5. PROFESSIONAL SERVICES — means those services, which involve the exercise of professional discretion and independent judgment on an advanced or specialized knowledge, expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to Huntington Beach Municipal Code Section 3.02. Such Services shall include but not be limited to those services provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians and other specialized consultants. Requirements: Errors and Emissions (Professional Liability) ADDITIONAL REQUESTS City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk October 19, 2016 Nobest, Inc. 7600 Acacia Ave. Garden Grove, CA 92841 Re: Median Island Installation at Yorktown Ave. and Huntington St. — CC-1459 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 six months. If your performance bond does not include specific wording for a six-month 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, Robin Estanislau City Clerk RE:pe Enclosures: Copy of Agreement Copies of insurance/bonds Bid Bond (original) Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand RECEIVED BY- (Name) (Date) TO: FROM: DATE: SUBJECT: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION City Treasurer City Clerk Bond Acceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. 0`7—. MSC No. Other No. g:/forms/bond transmittal to treasurer (Company Approved ,P 1 (Council ApprovalDate) Agenda Item No. �_1 City Clerk Vault No. SIRE System ID No.�� Dept. ID 16-042 Page 1 of 2 Meeting Date: 8/1/2016 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/1/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis Hopkins, PE, Director of Public Works SUBJECT: Accept bid and authorize the execution of a construction contract with Nobest, Inc., in the amount of $26,700 for the median island installation at the intersection of Yorktown Avenue and Huntington Street - CC-1459; and, authorize 15% in construction continaencv Statement of Issue: On June 30, 2016, bids were opened for the construction of a median island on Yorktown Avenue at Huntington Street. City Council action is requested to award the contract to Nobest, Inc., the lowest responsive and responsible bidder. Financial Impact: Funds are included in Fiscal Year 2015/2016 Capital Improvement Program (CIP), under Gas Tax, account No. 20790029.82700. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Nobest, Inc., in the amount of $26,700; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C) Authorize the Director of Public Works to execute change orders not to exceed a total of 15 percent of the contract construction costs or $4,005. Alternative Action(s): Reject all bids and provide staff with alternative direction. Analysis: The existing intersection of Yorktown Avenue and Huntington Street is a four -leg intersection with Huntington Street controlled by stop signs. Yorktown Avenue is a divided roadway which intersects Huntington Street on a curvilinear alignment. This intersection was identified on the City of Huntington Beach's 2011 Traffic Signal Priority List as meeting warrants to be considered for the installation of a traffic signal. This list, which was approved by the Public Works Commission on September 21, 2011, and the City Council on November 7, 2011, identified this intersection as meeting warrants for the consideration of signalization based upon traffic volumes and collision history. Recognizing the proximity of traffic signals along Yorktown Avenue (Lake Street approximately 900 feet to the west and Delaware Street approximately 700 feet to the east) and the cost of installing and maintaining a traffic signal, other options were evaluated to mitigate the collision history at this intersection. HB -175- Item 8. - I Dept. ID 16-042 Page 2 of 2 Meeting Date: 8/1/2016 A significant number of the collisions involved vehicles traveling straight along Huntington Street across Yorktown Avenue or turning left from Huntington Street on to Yorktown Avenue. Ten such collisions have been recorded over the past five years. With a curb to curb width of 84 feet and the curvilinear alignment, some motorists may have difficulty assessing an acceptable gap in traffic to complete their through or left -turn movement from the stop sign on Huntington Street. The proposed median island will restrict all vehicles on Huntington Street to turn right on to Yorktown Avenue. Left -turns from Yorktown Avenue into Huntington Street will still be allowed and pedestrian traffic will not be impacted. Traffic counts were taken and the diversion of traffic was evaluated. Lake Street and Delaware Street are projected to receive most of the diverted traffic. Of the weekday peak periods evaluated, the maximum directional diversion was found for southbound Huntington Street in the afternoon peak -hour. This volume was 39 vehicles which can be absorbed by Lake Street and Delaware Street. A complete set of plans and specifications are available for review at the Public Works counter during normal business hours. Bids were opened publically on June 30, 2016, and are listed in ascending order: Bidder Submitted Bid 1 Nobest, Inc. $26,700.00 2 MK Construction, Inc. $33,280.00 3 Cal romax Engineering, Inc. $34,000.00 4 EBS General Engineering , Inc. $47,000.00 The engineer's estimate for the bid items was $40,000. The total estimated cost for this project is $38,000, which includes City forces performing the signing and striping modifications. Staff is requesting that the Director of Public Works be given authorization to approve change orders on this project up to 15 percent of the construction cost rather than the standard 10 percent. The request is based upon the fact that the contract is very small in comparison with the majority of publicly bid projects and brings the total contingency funds to $4,005. This will provide greater flexibility in the case of unforeseen items arising during construction. Public Works Commission Action: The Public Works Commission recommended this project on August 19, 2015, by a vote of 7-0-0 Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15303 (c). Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Project Location Map Item 8. - 2 IJB - i 76- �BOLSAV) V)Mc N�AVE FADDE0 EDINGER Z O p W o O o = z m Q HEIL� � Q AVE. m m o > U cn CL V) a p z o 0 V) Q WARNER w a U AVE. c.� SLATER Q AVE. m 405 TALBERT AVE, PACIFIC ELLIS AVE. �0 ��. p GARFIEL _ AVE. V Ln p Q F Y KTOWN AVE. OCEAN ADAMS AVE. c INDIANAPOLIs y� p a Q �ATL=NTA <Q PROJECT LOCATION JG w z HAM LTON a v� CITY OF HUNTINGTON BEACH T PUBLIC WORKS * TRAFFIC ENGINEERING 1 ic iJ lakv ATTACHMENT 1 41 NB -177- Item 8. - 3 CITY OF HUNTINGTON BEACH PROJECT NAME: Median Island Installation at Yorktown Avenue and Huntington Street Project # (CC # or MSC #): 1459 BID OPENING DATE: 6/30/2016 TIME & LOCATION: 2:00.-00 PM Council Chamber ENGINEER'S ESTIMATE: na FINAL RESULTS (RANKED BASED ON VERIFIED BID AMOUNT) PTS O4252016 Version 15 CC1459.x1sx C\j LO CZ) Of a'ao ��(D /Ao/b 4j rl:b CD C:) City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Yorktown Avenue Raised Median CC NO. 1459 in the CITY OF HUNTINGTON BEACH June 15, 2016 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) THE FOLLOWING SHALL BE ADDED TO NOTE 1 ON SHEET 2 OF 3. Pervious stamped concrete shall be per City Standard Plan 711 with the exception of note 6. (City Standard Plan 711 Attached - 2 Sheets) This is to acknowledge receipt and review of Addendum Number One, dated June 15, 2016. Company Name Date By All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William Janusz at (714) 536-5431 within 24 hours of posting. CC-1459, Addendum No. 1 Page 1 of 3 SEE DETAIL "A" SEE DETAIL "C" VARIES VARIES VARIES A d w z LANDSCAPE v 3'RADIUS � LANDSCAPE- A 9' RADIUS POINT LEFT TURN POCKET 12" SOLQIER VARIES COURSE SEE DETAIL "C"\ SEE DETAIL "A" a w z = LANDSCAPE - ME 13' RADIUS POINT t5' MEDIAN OPENING RADIUS 1 4" 't n t L JULUJr-M UUU}-CJL STAMPED CONCRETE DETAIL "A' FINISHED GRADE 2" KEY (TYP. SECTION A -A GENERAL NOTES: 1. SEE STANDARD PLAN 711, SHEET 2 OF 2, FOR SPECIFICATIONS. 2. RADIUS POINT DIMENSIONS ARE FROM CURB FACE. 3. STAMPED CONCRETE TO BE PLACED ON NATIVE OR 90% COMPACTED BACKFILL SOIL. STAMPED CONCRETE "S APPROVED: F CITE' OF HUNTINGTON BEACH STANDARD PLAN DEPARTMENT OF PUBLIC WORKS 711 u Ci i Y 'ENGINEER 2013 1 OF 2 SPECIFICATIONS FOR STAMPED CONCRETE INSTALLATION: 1. STAMPED CONCRETE INSTALLATION SHALL CONFORM TO SECTION 303-6 OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 1988 EDITION OF THESE SPECIFICATIONS. 2. THE USE OF A SIX (6) SACK PEA GRAVEL MIX IS ACCEPTABLE FOR PUMPING CONCRETE TO MEDIANS, 3. COLOR - ,CONTACT THE CITY OF HUNTINGTON BEACH PUBLIC WORKS INSPECTOR AT (714) 536-5431 FOR SPECIFIC COLOR APPLICATIONS GENERALLY DESCRIBED AS; A. "DARK RED' (A-27) COLOR AS MANUFACTURED BY L.M. SCOFIELD CO, ON NEW INSTALLATIONS, OR, B. "BRICK RED" (A-26) COLOR AS MANUFACTURED BY L.M. SCOFIELD CO. WHEN MATCHING EXISTING STAMPED CONCRETE. IN BOTH INSTANCES THE COLOR SHALL BE APPLIED PER SECTION 303-6.3.1 (DRY SHAKE) METHOD "A" OF THE STANDARD SPECIFICATIONS. 4. THE PATTERN SHALL BE "RUNNING BOND COBBLESTONE" AS DESIGNATED BY THE BOMANITE CORPORATION AND AS DETAILED ON STANDARD PLAN 711, SHEET 1 OF 2. USE DETAIL "B" FOR CROSSWALK AREAS ONLY. 5- COLORED CONCRETE SHAD BE CURED WITH LITHOCHROME COLORW.AX OF THE MATCHING COLOR AS DESIGNATED BY L. M. SCOFIELD COMPANY. 6. THE PRICE BID FOR STAMPED CONCRETE SHALL BE CONSIDERED TO INCLUDE FULL PAYMENT FOR ALL MATERIALS, LABOR, EQUIPMENT AND INCIDENTALS REQUIRED TO INSTALL STAMPED CONCRETE IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS, APPROVED: SPECIFICATIONSSTAMPED CONCRETE f� 0 � CITY ENGI CITY OF HUNTINGTON BEACH STANDARD DEPARTMENT OF PUBLIC WORKS PLAN ER 711 2013 2 OF 2 SECTION A NOTICE INVITING SEALED BIDS for the construction of Median Island Installation at Yorktown Avenue and Huntington Street CC No. 1459 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 June 30, 2016. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $15.00 nonrefundable fee if picked up, or payment of a $20.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY website. http://www.huntin�atonbeachca.y,ov/government/departments/public works/Bids/ Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: The project consists primarily of installing a raised median island. The contract shall allow the Contractor 20 working days to complete the contract. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 8th day of September 2015, by Resolution No. 2015-47. Attest: /s/ Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON 2000 Main Street P.O. Box 190 Huntington Beach, CA LETTER OF TRANSMITTAL Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntington Beach CA 92648 BEACH 92648 Fax (714) 374-1573 Date: May 31, 2016 Project/C.C. No.: C.C. No. 1459 Regarding: Raised Median Installation ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # I Copies I Pages I Description 1 1 2 Notice Inviting Sealed Bids for CC-1459, Raised Median Installation at Yorktown Avenue and Huntington Street. 2 3 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2015-47 (adopted on September 8`h, 2015), the City Council authorized the advertisement of the above Raised Median Installation at Yorktown Avenue and Huntington Street, Project CC-1459. Please find attached the Notice Inviting Sealed Bids for advertisement on 6/9/16, 6/16/16/ & 6/23/16. The bid opening is scheduled for 6/30/16. Please contact me at 374-1628 with any questions you may have. cc: fileCC-1459 By: 2: L�.� William F. Janusz, cipal Civil E eer Esparza, Patty From: David Ward [DWard@ocregister.com] Sent: Wednesday, June 01, 2016 1:40 PM To: Esparza, Patty Subject: RE: 2 Legal ads for the HB Wave Good afternoon Patty. I hope you are having a good day. Here come the proofs.... CC1459 Ad#10170221 Pub Dates 6/9, 6/16, 6/23 Cost $594.00 PROOF SECT1101114 A NOTICE UCVMNG SEALED BINS fur the cgrwuctiori of 1111111adlan Island ftntaillation at Yorlidiourn Avenue, and Huntlington Street CC " 1459 in the CITY OF HUN'TINGTON BEACH PUBLIC NOTICE ' 13 HEIIIEHY 0111111112M that the CrrY OF 1EUM1111NOTON BEACH, as AGENCY. invites sealed bids for the above stated pr,*jacts and will receive such bids in the office of the City Clark, Second Floor- 2000 Main Street, Huntington Beach, California 926418� uo to the hour of 2--00 PM on June 309 2MIL Bids will be putdiciy opened in the Council Chambers unless otherwise OCSt8d. Coves of the Plans. Specifications, and contract documents are available from the Office Of the Meclor of Public Works. 2000 Main Street, HunUngton Beach, CA 926Q, upon pay- ment of a *15= nonrefundable fee if picked uic, or payment of a $20.00 nometundable fee if!wt by UPS ground delivery bidder shall pay additional costs for special delivery}. PI&IS. -Spevffication3. and contract doicurnents car, be downi0aialid tee on AGENCY web- works;&dsd Any contract entered into pursuant to,his notios will incorporate the provisions of the Stale labor Code. Puiirsuanl to the prcv4ions of the Labor, Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classilication or type of workman needed 10 execute,'the contract shall v@ 111hoso determined by the Director of industrial Re. labons of the State of California. whicli are on hie at the Office of the Dr for of Public Works. 2000 Main Street Huntington Beach, CA 92W, The AGENCY will deducl 5% retention from all vtwf-ess pavme-.-s. The Contractor may sLJbsUutt an escrow holder surety of eqL;W value to the relemlion in &=ordan" with the provisions of Die Public Contract Code, Section 10263. The Contractor shall' be beneftial owner of the surety and stlalf receive any interest thereon. The AGENCY hereby arfirmatively efisim that minority business enterprises will be afford- ed full QPPOrlunny to submit bids in response to this notice and will not be discriminated against on the basis of race. color, national o1riqin, ancestry, sex. or re[iglion in any consid- arati,on loading to, the award of Contract. No bid shall be Consi0efed unless, it is prepared on the approved Proposal forms in con- formance with the InstwThons to Bidders as determined by the AGENCY. The bid must be &"orn anted by a certified check. oasinter's check, or bidder's bond made payable to the AGENV for an amount no tess than 10% of the amount bid. The successful twdder shall be Licensed in accordance with Provisions Of the Business and Professions Code and shall possess a State Comractor's L-icimse Class A at the rime of the bid openiriq. The succes� ful Ccintraicl:of and his subrontraclors will be required to posses$ business licenses from the AGENCY. All extension of unn prces wil be sublecl to verification by t" AGENCY. in case of a variation between the urat re-ce and the extension. the und price will poverri- Project Deacrilliadon: The project emmEsta primmililly of Instaltlillinli; a raised medillan talland. The cantmcf shell ahow the Contractar 20 'working days to, complete the contract The AGENCY eaServ&S, the right to ralect any or all bids,, IQ waive any irregularity and 10 take ad bids under adviserrient for amaximurn period of 60 clarys. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFOANIA, the 8P. day of September 2015, by Resolution No. 2015-47. Ar"-- fs1 Robin Estarwau CITY CLERK OF Tt+E CITY OF HUNTINGTON BEACH Published.. The Huntir-9ton Beach Wave tune 9, -6. 23. 2016 1017' OW No Ka Oi Entertainment Ad#10170229 Run Date 6/9 Cost $144.00 PROOF NOTICE Of PUBLIC HIEMNO BEFORE 711E CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, June 20, 2tTt 16, at 6-00 p,m, in the City Cour3oil Chambers, 2000 Main Street, Hu ntinglon Beach, the City Council wit] hold a public hearing on the following plain &ig and zortrnq items; 01. CONDITIONAL USE PERMIT NO. 1$4302 JIIO ti A Of LIVE ENTERTAIN- MENT) Applicants nts Adams & Associates, Mike Adams Proporty Ow mwe COB, Land and Farming, LLC, Deny Bwcleln Requesb To permit live entertainment at an oistin eatinq and drinkiM establishment with alcohol consisting of: a) hula perfcrmears and up tp three acoustic band perlormers mthin a 40 sq. It. area located cutdo-ars within the back ,vatio, and b) karooke within a 10 sq, ft. area located indoors within the t,ar/dining room.. This request includes relief from City Council Resolution No, 2013.24, Exhrbd B. Conditions of Approval No, 3 and 14.a.. Which as a prerequissie to eStabfishing live entertainment, re- quires a minimum tCZ people dining room seating capacity at ail times. excluding outdw dining areas and Emits non-ampirfied outdoor enterta nnient to a max;rrnim of two perform- ers. Council Resolution No. 2013-24 states that any W—er!idirnenIll to the conditions specified in the Rasafu2on require approval byy the City Lour Location: 215 Main Street, 9.2648 )west side of slain St., between Olrwe Ave. and i ainut Ave.) CKV Contact' Ethan Edwards, Associate Planner NOTICE IS HEREBY GIVEN that Item #1 is ex`amoi from the crovisions of the California En- vironmental Quality Act oursuant to Section 15"01, Class 1 mLslinA Faceities. because the� pprOieCC involves the operation and permitlling of an, ex�stinq deve-looment involving neglig. tale expansion of the use. ON FILE: A copy cf the proposed request &S on file In the Community Development De- partrnont, 2000 flan Street.. Huntxn,gton Beach, California 92646. 'or inspection by we pub- lic. A copy of (he staff repWL ant, be available to interested pwaas at the City Clerk's Office or on line at httoJiwww.hur;ingtonbeachca.gov on Thursday, June 1$, 2018_ ALt. INTERESTED PERSONS are invited to attend said neannig and express opinions or Submit evidence for or aoa t the acciication as Outlined above. If yam ch&lenge the City Courzil's action in court. y , relay be limited to raising only thwe moues you or someone else raised at the public haerinq described in this notice, or in written correspondence de. !roared to the City at, or prior to, the prlblic hearing. If theto are any further queSlians clease salt the Comrrumrty Development. Department at (71 t) 536,5271 and refer to the above lem. Direct your written communications to the 04y Clerk. Rohn Estanislau, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Hiunt,ngon Beach, California 92t'r18 71'4,•53�5�27 ht1p:;;�untregtonbeacftca.rtv,�HaP�blicCgrnmerrtsl Published: The Huntirgtgn Beach Wave June g9. 201610170229 OC REGISTER 6AW,L ABiBATtSJx9 P. 714 796.6764 F. 714.3472724 From: Esparza, Patty [maiIto: PEsparza(c surfcity-hb.org] Sent: Tuesday, May 31, 2016 4:50 PM To: David Ward Subject: 2 Legal ads for the HB Wave Importance: High Hi David: Attached are 2 legal ads: 1. Notice Inviting Sealed Bids CC1459 — please publish 3 weeks in a row: 6/9/16, 6/16/16 and 6/23/16 2. Notice of Public Hearing — please publish 6/9/16 Please confirm when time permits. Thanks, Patty Esparza, CMC Senior Deputy City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 536-5260 AFFIDAVIT 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 above entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Huntington Beach, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: June 9, 16, 23, 2016 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on June 23, 2016 Signature Huntington Beach Wave 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 Proof of Publication SECTION A NOTICE INVITING SEALED BIDS for the construction of Median Island Installation at Yorktown Avenue and Huntington Street CC No. 1459 inthe CITY OF HUNTINGTON BEACH AGENCY, NOTICE OOK 13 bERsE�BY GIVEN r the that theed CITY tsOF UNTINGTeON BEACH, such bids in ta. he office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, upp to the hour of 2:00 PM on Juno 30, 2016. Bids will be publicly opened in the Council Chambere unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon pay- ment of a $15.00 nonrefundable fee if picked up, or payment of a $20.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Spec fications, and contract documents can be downloaded free on AGENCY web - site. http://www. huntingtonbeachca.gov/govemmenVdepartments/public_works/Bids/ Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Re- lations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. - The AGENCY hereby affirmatively ensures that minority business enterprises will be afford- ed 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 consid- eration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in con- formance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall Possess a State Contractor's License Class A at the time of the bid opening. The success- ful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Descrlptlorn The project consists primarily of installing a raised median Island. The contract shall allow the Contractor 20 working days to complete the contract. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum pdriod of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 81h day of September 2015, by Resolution No. 2015-47. Attest: /s/ Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published: The Huntington Beach Wave June 9 16 23 201610170221 AFFIDAVIT 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 above entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Huntington Beach, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: June 9, 16, 23, 2016 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on June 23, 2016 Signature Huntington Beach Wave 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 Proof of Publication SECTION A NOTICE INVITING SEALED BIDS for the construction of Median Island Installation at Yorktown Avenue and Huntington Street CC No. 1459 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 Juno 30, 2016. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies ofthe Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach; CA 92648, upon pay- ment of a $15.00 nonrefundable fee if picked up or payment of a $20.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY web - site. http://www. huntingtonbeachca.gov/govern ment/departments/public_works/Bids/ Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem *ages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Re- lations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afford- ed 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 consid- eration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in con- formance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The success- ful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: The project consists primarily of Installing a raised modlon Island. The contract shall allow the Contractor 20 working days to complete the contract. The AGENCY reserves the right .to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 8th day of September 2015, by Resolution No. 2015-47. Attest: /s/ Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published: The Huntington Beach Wave June 9,16, 23, 201610170221 Unsuccessful Bids CC-1459 Median Island Installation at Yorktown Avenue and Huntington Street City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk October 26, 2016 Cal Pro Max Engineering, Inc. 650 N. Rose Drive #186 Placentia, CA 92870 RE: Median Island Installation at Yorktown Ave. & Huntington St. — CC-1459 Enclosed please find your original bid bond for CC-1459. Sincerely, Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan e Waitakere, New Zealand 5 C71 LJ SECTION C PROPOSAL for the construction of V edian Island installation at Yorktown Aire€.sere and Huntington Street CC No, 1459 in the CITY OF HUNTING`I'ON 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 punish 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 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 uovern over extended amounts, and words shall govern over figures. - CTt 11' awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working dads 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. Aceompanyin thi��s��''��ro posal of bid, find Bid Bond in the amount ol'Ten Percent o bWhic�i uht said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 1 6/20/2016� � v C-2 SECTION C PROJECT BID SCHEDULE A CC-1459 MEDIAN ISLAND 1NSTA1.A,ATt.ON YORK'T"O`dVN AVENUE AND HUNTINGTON STREET BID ITEMS TOTAL BID AMOUNT IN WORDS: n Note: Refer to Section 9, Measure and Payment for description of each Item on Bid Schedule. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR Dollar Y of Item(s) Subcontractor License.::..:..:: Am:ount Contract Number I By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO DE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 6/30/2016 at Placentia CA Date City State Nizar Kabbany , being first duly sworn, deposes and says that he or she is President of Calpromax Engineering, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder; or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. CALPROMAX ENGINEERING, INC. Name of Bidder Signature of Bidder NIZAR KABBANY 650 N. Rose Drive, #186, Placentia, CA 92870 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Median Island Installation at Yorktown avenue and Huntington Street, (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 N�ho, by reason of experience or instruction, is, familiar with the operation to be performed and the hazards involved " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that -the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: C-5 CALPROMAX ENGINEERING, INC. Contractor By NIZAR KABBANY Title PRESIDENT DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes KI 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-5 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. i Date: C-7 CALPROMAX ENGINEERING, INC. Contractor By NIZ;kR KABBANY Title PRESIDENT BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: CALPROMAX ENGINEERING, INC. Bidder Name 650 N. ROSE DRIVE #186 Business Address PLACENTIA CA 92870 city, 714 ) 757-5738 Telephone Number 995933 A, C 10 State Contractor's License No. and Class 08/20/2014 Original Date Issued�� 08/31 /2016 Expiration Tate The work site was inspected by State Zip Jose Vega of our office on June 22 201 a. fhe following are persons, firms. and corporations having a principal interest in this proposal: Calpromax Engineering; Inc. Nizar Kabbany - President / Secretary The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. CALPROMAX ENGINEERING, INC. Company Naine Signature of Bidder f `� NIZAR KABBANY Printed or Typed Signature - Subscribed and sworn to before me this day of 201_ NOTARY PUBLIC. C-s NOTARY SEAL CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 30ne 29, 2016 before me, Maria Delia Armogeda, Notary Public Date Here Insert Name and Title of the Officer personally appeared Nizar Kabbany Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($)/ whose name(py is/W#/ subscribed to the within instrument and acknowledged to me that he/sffip//pi/fiy executed the same in his/W&W authorized capacity0#t#, and that by his/VM~signature(t' on the instrument the person(¢/, or the entity upon behalf of which the person(q) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARIA DELIA ARMOGEDA COMM. #2133380 z _ Notary Orange blic��lifornia p Signature Comm. Eires Nov. 9, 2019 /Signature of ko&4 Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: None Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) BIDDER'S INFORMATION N/A ; None Number of Pages: Signer's Name: Nizar Kabbany Signer's Name: _/Corporate Officer — Title(s): President ❑ Corporate Officer — Title(s): i Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator I I Other: ❑ Other: Signer Is Representing: Signer Is Representing: Calpromax Engineering, Inc. _• .,^,R�Z�&�i.;,x�v�C.`?` v �4`C.�-.c,*:`�..�L.�:�Zr�.:C:@�Ge:Ge.'�?�.:�.X>�'�:��-'G`��`�i �'i�,2`r£`�'��C.``�'�'� C)2015 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perforni the contract for the proposed work and improvements in accordance with the plans and specifications set forth. CAL,PROMAX ENGINEERING, INC. Company Name Signature of Bidder NIZAR KAI313ANY Printed or Typed Signature Subscribed and sworn to before me this ;0� ay of &W e.> , 2016, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of &C�llxbw OL) County of 0 r'0 0qe, T ) .1 On 'It '1/7e, 30 . �2-0 & before me, /we-,r �� A,11"n A�6�1iOi, 'Zal'y ��c%l/ G Month, Day, and Year _ Insert Name and "Title of Notary personally appeared kP�zor keXhhe'l l? Name(s) of SigWer(s) who proved to me on the basis of satisfactory evidence to be the persono whose name&) is/,fir subscribed to the within instrument and acknowledged to me that he/4id1hW executed the same in his/l%Mftelx authorized capacity( ), and that by his/Wifti# signatureo on the instrument the person(4), or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. J NARIA DELIA ARMOCEDA WITNESS my hand and official seal. c COMM. #2133380 zz Notary Public • California o z Orange County My Comm. Ex ires Nov. 9, 2019 Signature / Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and 14reater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 3. City of Newport Beach 100 Civic Center Drive, Newport Beach, CA 92660 Name and Address of Public Agency Name and Telephone No. of Project Manager: Peter Tau scher, P. E. (949) 644-3316 $138,800 Sidewalk, Fence Contract Amount Type of Work Provide additional project description to show similar work: 02/25/2016 Date Completed Name and Address of Public.Agenc Name and Telephone No. of Project Manager: II t. d C t v Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Ut-C.Et Name and Address of Public Agency Name and Telephone No. of Project Manager: S n ,,,� () S V-1-/-- Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has perforiued similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 2. Name of proposed Project Manager 'telephone No. of proposed Project Manager: Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Name of proposed Superintendent Telephone No. of proposed Superintendent: Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work C-11 Date Completed Date Completed Date Completed Date Completed Date Completed Date Completed CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://xvww.d ir. ca. gov/DLSE/Public Works/SB854FactSheet_6.30.14.pdf DIR's Contractor Registration Link — Call (844) 522-6734 https://efiling.dir. ca. gov/P WCR/ActionServlet?action=displayP W CRegistrationForm DIR's Contractor Registration searchable database: https://eflling.dll-.c-,i.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." 1 furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Date: 6/30/gnig DIR #: 1000028249 C-12 CALPROMAX ENGINEERING, INC. Contractor By N17,,5.R KABBANY Title PRESIDENT City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Yorktown Avenue Raised Median CC NO. 1459 in the CITY OF HUNTINGTON BEACH June 15, 2016 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) THE FOLLOWING SHALL BE ADDED TO NOTE 1 ON SHEET 2 OF 3. Pervious stamped concrete shall be per City Standard Plan 711 with the exception of note 6. (City Standard Plan 711 Attached - 2 Sheets) This is to acknowledge receipt and review of Addendum Number One, dated June 15, 2016. "'4' /, _ '4 / Company Name/ By IV), %� Cfl r3P>fN Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William Janusz at (714) 536-5431 within 24 hours of posting. CC-1459, Addendum No. 1 Pagel of 3 FINANCIAL PACIFIC INSURANCE COMPANY P.O. Box 292220 Sacramento, CA 95829 we BID BOND 11-844-032 KNOW ALL MEN BY THESE PRESENTS: That BID DATE June 30, 2016 CalProMax Engineering, Inc. as Principal, hereinafter called the Principal, and FINANCIAL PACIFIC INSURANCE COMPANY of Sacramento, California, a corporation duly organized under the laws of the State of California 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 amount bid for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to the Obligee for: Median Island Installation at Yorktown Avenue & Huntington Street NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specific, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 30th day of June, 2016 Financial Pacific Insurance Company C (-$urety) By: �_ `=ram y: B Blake. A Pater, Attorney -in -Fact incipal) (f��` f116110 '11��1S RAftNY �%�rPs �cft �� •RNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On June 27, 2016 beforeme, Lianne Nahina, Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A. Pfister Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(#) whose name(s) is/ subscribed to the within instrument and acknowledged to me that he/> ,4 executed the same in his/ y6i! authorized capacityO, and that by his/100OW signature(o) on the instrument the person(t#), or the entity upon behalf of which the person(io acted, executed the instrument. LIANNE NAHINA a ! COMM. # 2134629 X ®� s NOTARY PUBLIC-CALIFORNIA X ORANGE COUNTY N °4uFc MY COMM. EXP. DEC 5, 2019 I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. /, Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond 11-844-032 Document Date; June 30, 2016 Number of Pages: 1 Signer(s) Other Than Named Above: N/A, None Capacity(ies) Claimed by Signer(s) Signer's Name; Blake A. Pfister Signer's Name:------- 0 Corporate Officer — Title(s): O Corporate Officer — Title(s): p Partner — (] Limited O General 0 Partner — ❑ Limited ❑ General O Individual IN Attorney in Fact D Individual O Attomey in Fact © Trustee 0 Guardian or Conservator O Trustee O Guardian or Conservator 0 Other: O Other: Signer Is Representing: F i n a n c i a l P a c i f i.c Signer Is Representing: . 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 City ®f Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk October 26, 2016 EBS General Engineering, Inc. 1320 E. Sixth, Ste. 100 Corona, CA 92879-1700 RE: Median Island Installation at Yorktown Ave. & Huntington St. - CC-1459 Enclosed please find your original bid bond for CC-1459. Sincerely, Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand CJ 00 0 c6 C-4 0(.0 00 C-4 C) (7) rn m -0 < 04 (D U, 2E (7) 0 00 (n -C 0 C;) U) to co ui =3 CM 4- M 0 :4- 0 (D (_) CD r- LLI C) M L-- C) = 3 CM m 0 SECTION C PROPOSAL for the construction of Median Island :Installation at Yorktown Avenue and Huntington. Street CC No. 1459 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 Beadh, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 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-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidder's Bond in the amount of 10% bid amount which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Si nat re 1 6/15/16 C-2 SECTION C PROJECT BID SCHEDULE A CC-1459 MEDIAN ISLAND INSTALLATION YORKTOWN AVENUE AND HUNTINGTON STREET BID ITEMS Item DesceiPtlon Quantity 'Unit Unit Cost Total,Cost -(Extension) 1 Mobilization. 1 LS 2 Furnish Project Traffic Control. 1 LS $.3 ooO P 060 Construct Raised Median Island at Yorktown Avenue and Huntington Street. (Item includes all appurtenances, 3 excavation, aggregate base, pervious colored concrete, curb, 1 LS / �S slot pave) L $" C4 % 000 TOTAL BID AMOUNT — SCHEDULE A ��. $--47�7� it TOTAL BID AMOUNT IN WORDS: 4 - L- Note: Refer to Section 9, Measure and Payment for description of each Item on Bid Schedule. All extensions of unit prices will be subject to verification by Owner. Incase verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.1 r.� LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. " :Name. Dollar % of ;Bid , Items) Subcontractor License Number Amount Contract Number Y1�t�dV�,u - ;�o cJio 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 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 6/27/ 16, at Corona , CA Date City State Joseph A. Nand being first duly sworn, deposes and says that he or she is President of EBS General Engineering, Inc the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. oseph A. Nand Name of Bidder Signature of Bidder 1320 E. Sixth St., Ste 100 Corona CA 92879 Address of Bidder C-4 California All -Purpose Acknowledgement State of California ) County of _ Orange On �' La _ (�. before me, William E. Ellis, Jr. a Notary Public Personally appeared Joseph A. Nanci WILLIAM E. ELLIS JR. Commission # 2127998 i Notary Public - California z Orange County My Comm. Ex ires Oct 23, 2019 Notary Public Seal Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited O General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: who proved to me on the basis of satisfactory evidence to be the persons) whose nameXis/are subscribed to the within instrument and acknowledged to me that he/ 6hs/thy executed the same in hiss authorized capacityOes3 , and that by his/twrf heir signature(`s), on the instrument the person, or the entity upon behalf of which the personN acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 114 Ucat,� f r -�, Notary Public Signature ber of Pages: OPTIONAL ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Median Island Installation at Yorktown avenue and Huntington Street, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that -the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 6/27/ 16 C-5 EBS General Engineering, Inc Contractor By President Title California All -Purpose Acknowledgement State of California } County of _ Orange On h7 (' (� before me, William E . Ellis, Jr. , a Notary Public personally Joseph A. Nanci a WILLIAM E. ELLIS JR. Commission # 2127998 Notary Public - California z r Orange County My Comm. Expires Oct 23, 2019 Notary Public Seal Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited O General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: who proved to me on the basis of satisfactory evidence to be the person) whose nameXis/are subscribed to the within instrument and acknowledged to me that he/ 6heAhey executed the same in hishicrftheir- authorized capacity(ia�Q, and that by his/lmrftlieir signaturek on the instrument the person(,a);, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. jdblll"�' - �' � (("c — Notary Public Signature umber of Pages: OPTIONAL ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes QfNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 6/27/16 C-7 EBS General Engineering, Inc. Contractor By President Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: EBS General Engineering, Inc. Bidder Name 1320 E. Sixth St. Ste 100 Business Address Corona CA 92879 City, State Zip ( 951 ) 279-6869 Telephone Number 720016 A State Contractor's License No. and Class 3/31/96 Original Date Issued 3/31/18 Expiration Date The work site was inspected by Joseph Nanci of our office on 6/ 13 , 2016 . The following are persons, firms, and corporations having a principal interest in this proposal: Joseph A. Nanci, President The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. EBS General Engineering, Inc. Company Name Signature of Bidder Joseph A. Nanci Printed or Typed Signature Subscribed and sworn to before me this _ day of , 201_ NOTARY PUBLIC C-8 0 w" The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. EBS General Engineering, Inc. Company Name Signature of Bidder Joseph A. Nand Printed or Typed Signature Subscribed and sworn to before me this _ day of , 201_ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of County of On Month, Day, and Year personally appeared before me, Insert Name and Title of Notary Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public C-9 (PLACE NOTARY SEAL ABOVE) or California All -Purpose Acknowledgement State of California } County of Orange On (0 2 beforeme, William E. Ellis, Jr. a Notary Public personally Joseph A. Nanci WILLIAM E. ELLIS JR. Commission # 2127998 Z Notary Public - California v z Orange County M Comm. Expires Oct 23, 2019 Notary Public Seal Description of Attached Document Title or Type of Document: who proved to me on the basis of satisfactory evidence to be the person) whose nameXis/atesubscribed to the within instrument and acknowledged to me that he/ sheAe�y executed the same in Wshzrh &ir- authorized capacity(io,-Q, and that by hisftim*heir signaturek on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r Notary Public Signature Document Date: Number of Pages: Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) ❑ Individual ❑ Corporate Officer: ❑ Partner - Q Limited O General Q Attorney -in -Fact ❑ Trustee Q Guardian or Conservator ❑ Other: Signer is Representing: OPTIONAL ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ACTION AND RESOLUTION BY THE BOARD OF DIRECTOR OF EBS GENERAL ENGTNEIERING, I -NC A CALIFORNIA CORPORATION All of the Board of Directors of EBS General Engineering, Inc., desiring to insure that all the, proper and authorized individuals, who have corporate authority to bind the said corporation to any and contracts executed by such authorized individuals, have lbWen approved by the board of directors of EBS General Engineering, held a meeting on January '). 21010. The Board, folloNving a review,of the foregoing matter, and upon motion made, and seconded, the Board of Directors hereby determines and votes unanimously as follows: BE IT THEREFORE RESOLVED that Joseph N,-wci is hereby designated., authorized. and empowered, to be duly authorized with all the attendaini poworg and authorizations related thereto, to bind, obligate and commit EBS General Engineering, Inc. to any and all contracts executed by and betv.,een EBS General Engineering, Inc. and any other contracting party. There being no further or pending lbusiri�^ss before the Board., the meeting was adjourned. BOARD OF DIRECTORS Date: January 3,2010 Josepl/�anei, Sole I irector ATTESTATION 1, being the Secretary oftlie above referenced corporation, do hereby certify that the above resolution is the resolution. ofthe. corporation. Dated: /0 Josep anci, Secretary Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of f Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high around water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1 See attached PW reference list Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-10 3 YEAR REFERENCES — PUBLIC WORKS ct Name improvements of Livingston Drive Project Address Owner Livingston Dr. between Termino Ave. & 2"1 St. City of Long Beach Contact Phone: Charles Ramey, Chief Inspector (562) 570-6383 Price of Contract Type of Work Dates $1,254,000.00 Street Improvement 8/2012 to 2/2013 2. Proiect Name 2014/2015 Citywide Curb, Gutter, Sidewalk, Driveway Repairs Proiect Address Owner Various Locations City of Riverside Principal Contact Phone Secondary Proiect Contact Danny Cwiak, Construction Project Manager (951) 377-5514 Steve Howard Price of Contract Type of Work Dates $407,628 Curb + Gutter, Ramps 11/2014 to 2/2015 3. Proiect Sewer Replacement Project Proiect Address Owner Various Locations City of Fullerton Contact Phone Eric Villagracia, Public Works Dept. (714) 738-6853 Price of Contract Type of Work Dates $998,151.00 Sewer, Curb + Gutter 1/2012 to 2/2013 4. Proiect Road Improvement Project Proiect Address Owner Agate St. and Avenue E City of Redondo Beach Contact Phone Jeff Townsend, Project Manager (310) 318-0661 Price of Contract Type of Work Dates $14,950.00 Ramps, Curb + Gutter 2/2014 3 YEAR REFERENCES — PUBLIC WORKS act r Manhole Surface Repair PH II Project Address Owner Fairview and Newport, City of Costa Mesa Costa Mesa Sanitary District Contact Phone Robin Hamers, District Engineer (949) 548-1192 Price of Contract Type of Work Dates $47,420.00 Manhole Repairs 1/2016 6. Project Annual Concrete Repair FY 2014-15 Project Address Owner Various Locations City of Rancho Santa Margarita Contact Phone E. Maximous, Public Works Director (949) 635-1805 Price of Contract Type of Work Dates $53,550.00 Sidewalk 4/2015 to 5/2015 7. Pro►ect Grand Avenue Widening Project Address Owner Grand Ave. from First St. to Fourth St. City of Santa Ana Contact Phone Tyrone Chesanek, Principal Civil Engineer (714) 647-5074 Price of Contract Type of Work Dates $172,000.00 Curb + Gutter, Bus Pad 11/2014 to 9/2015 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions. please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project_ Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1 Willie Ellis Name of proposed Project Manager Telephone No. of proposed Project Manager: 951-279-6869 ext 120 See attached PW reference list Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed 2. Dave Sulik Name of proposed Superintendent Telephone No. of proposed Superintendent: 951-279-6869 ext 128 See attached PW reference list Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublieWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link — Call (844) 522-6734 https://efil'mg.dir.ca.c,ov/P W CR/ActionServlet?action=displayP W CRegistrationForm DIR's Contractor Registration searchable database: https://efilitig.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore Aill comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Date: 6/27/ 16 � � 11111 • C-12 eBS General Engineering, Inc. Contractor By President Title City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Yorktown Avenue Raised Median CC NO. 1459 in the CITY OF HUNTINGTON BEACH June 15, 2016 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) THE FOLLOWING SHALL BE ADDED TO NOTE 1 ON SHEET 2 OF 3. Pervious stamped concrete shall be per City Standard Plan 711 with the exception of note 6. (City Standard Plan 711 Attached - 2 Sheets) This is to acknowledge receipt and review of Addendum Number One, dated June 15, 2016. EBS General Engineering, Inc. Company Name By 6/27/ 16 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William Janusz at (714) 536-5431 within 24 hours of posting. CC-1459, Addendum No. 1 Pagel of 3 e . Bond #3-B Premium Nil S u reTe c KNOW ALL MEN BY THESE PRESENTS, that we EBS General Engineering, Inc. as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78�'59, as surety, 'r erti^ar : r c lie-d the "Surety," are held and firmly bound unto.._ city of Huntington Beach as obligee, hereinafter called the Obligee, in the sum of ten percent of amount bid 10 0 ) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Median Island Installation at Yorktown Avenue and Huntington Street NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specked in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall .furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project; and PROVIDED, FURTHER, unless the bid documents require that bid security remain in effect for a longer period of time, Surety shall have no liability hereon if a contract for the bid amount is not awarded to Principal within 60 days of the date hereof. SIGNED, sealed and dated this 22nd day of June 20 16 EBS General Engineering, Inc. (Principal) BY: TITLE: ry o �i, 4 SureTec Insurance Company BY: Charles L. ak Attorney -in -Fact suretec bid bond file.doc Rev 1. 1.06 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 06/22/2016 before me, Lexie Sherwood Date personally appeared Charles L. Flake LEXIE SHERWOOD j •i ; COMM. # 2031782 E NOTARY PUBLIC s CALIFORNIA n ORANGE COUNTY — Comm. Exp. JULY 27, 2017 �wvv Insert Name of Notary exactly as it appears on the official seal , Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that heishe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature _7\C, %, yZ dzo. ; _ Place Notary Seal Above Signature of NotaijPublic Lexie Sherwood OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date.- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Individual ❑ Corporate Officer Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: POA #: 510123 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Charles L. Flake, David L. Culbertson, Spencer Flake its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey-in-Fact may do in the premises. Said appointment shall continue in force until 5/18/2017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 206 of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 18th day of May , A.D. 2015 SURETEC INSURANCE COMPANY o?S*J. By: wJohn Knoxresident i 2State of Texas ss: T€ County of Harris ~ •-• "` Ars On this 18th day of May , A.D. 2015 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JACQUELYN MALDONADO Notary Public stateofTexas / My Comm. Exp, 5/18/2017 Jacgtirelyn Maldonado, Notary Public My commission expires May 18, 2017 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 22ND day of JUNE 2016 A.D M. Bre t Beaty, Assistant ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. California All -Purpose Acknowledgement State of California ) County of Orange On L ) 1 C-- before me, William E . Ellis, Jr. , a Notary Public Personally a Joseph A. Nanci WILL AM E. ELLIS JR. Commission # 2127998 z'- -" Notary Public California z z ��. z Orange County n My Comm. Expires Oct 23, 2019 Notary Public Seal Description of Attached Document Title or Type of Document: who proved to me on the basis of satisfactory evidence to be the person) whose nameXis/are subscribed to the within instrument and acknowledged to me that he/ „^ 4hey executed the same in hisfhcrft ,eir authorized capacity(i,aQ, and that by hishwrfthteir signatureK on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Signature Document Date: Number of Pages:. Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) 0 Individual 0 Corporate Officer: 0 Partner - 0 Limited ❑ General 0 Attorney -in -Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: OPTIONAL 0 Individual ID Corporate Officer: ❑ Partner - 0 Limited ❑ General ID Attorney -in -Fact 0 Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Robin Estanislau, City Clerk October 26, 2016 MK Construction, Inc. 1040 W. Hoover Ave. Orange, CA 92867-3514 RE: Median Island Installation at Yorktown Ave. & Huntington St. — CC-1459 Enclosed please find your original bid bond for CC-1459. Sincerely, Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities. Anjo, Japan ♦ Waitakere, New Zealand W Y W Z - -� U H zLLI a U FZ�goo m W V LLO = Z LL Z . Z 0 a LLI � z> z F z = ~ tW pgz = a o en mina pZO- = p OO Z QO� LLI o Z > - o �� (3 O p N � � h z o --i r;� O Q I �j V L 00 HC O L O A a, SECTION C PROPOSAL for the construction of Median Island Installation at Yorktown Avenue and .1 untington Street CC No. 1.459 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTO` BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perforni 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 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-i If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and .filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER. the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. i Accompanyii this proposal of bid, find cal ��t?2 �e�' in the amount of �' © which said amount is not less than ] 0% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (.Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: C-2 SECTION C PROJECT BID SCHEDULE A CC-1459 MEDIAN ISLAND INSTALLATION YORKTOWN AVENI'I" AND HUNTINGTON STREE'r BID ITEMS Item Descrtphon Quanf ty Unit Unit Cost Total Cost No f f A 3, (Ez#ens�onj i 1 Mobilization. 1 LS / $�OV r $ tyv i I 2 Furnish Project Traffic Control. 1 LS 0--ow $ � Construct Raised Median Island at Yorktown Avenue and Huntington Street. (Item includes all appurtenances, 3 excavation, aggregate base, pervious colored concrete, curb, 1 LS slot pave) y TOTAL BID AMOUNT — SCHEDULE A � $ � 3 2SO TTFAL BID AMOUNT IN WORDS: Note: Refer to Section 9, Measure and Payment for description of each Item on Bid Schedule. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2. "[ In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. 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 BI-4; I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on i� , at ate C tv State being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid. is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, comlived, 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. AI /<� (f(,'a4 Name of Bidder Signature of Bidder i`a e Address of Bidder l lLo,m j- / (-q . q 2 9'0 7 C-4 I ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Oran On June 17, 2016 before me, Karen L. Ritto, Notary Public (insert name and title of the officer) personally appeared Michael Keenan who proved to me on the basis of satisfactory evidence to be the person(s) whose name(%) is/am subscribed to the within instrument and acknowledged to me that he/AWOM executed the same in hisbbed9)eixauthorized capacity0ex), and that by his&xx) kxeiiKsignature(v) on the instrument the person(%), or the entity upon behalf of which the person(%) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. =MA L RiTTO WITNESS my hand and official seal. 13852. M ,r.-CsIP;_: r r: C01JNTYs +)ec 30, 2019_"(j Signature (Seal) ` Karen L. Ritto 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 Median Island Installation at Yorktown avenue and Huntington Street, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason ofexperience or instruction, is. familiar with the operation to be peg. formed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned; and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: � /ZIV I V Contractor By Title C-s DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the l3idder 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 U No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: b I Z 4(4' OrM Contractor Title C-7 BIDDER certifies that the following information is true and correct: Bidder Naive Bus ess Address 17 City State Zip o/� 1) 247- -��5� Telephone Number -7(el �-iy State Contractor's L icense No. and Class Original Expiration. D The work site was inspected byj , r2e l ,, _S of our office on ; ; 201 G,-., The following are persons, firms, and corporations having a principal interest in this proposal: The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Comnanv,Name . Signature of Bidder — Printed or Typed Signature Subscribed and sworn to before me this day of , 201_ NOTARY PUBLIC NOTARY SEAL. C-8 F-11T93:4►[OITA4:4DZCIAT,1:V,11111 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On June 17, 2016 before me, Karen L. Ritto, Notary Public (insert name and title of the officer) personally appeared Michael Keenan who proved to me on the basis of satisfactory evidence to be the person(g) whose name(s) is/anx subscribed to the within instrument and acknowledged to me that he/AWR texecuted the same in hiskxxAbeaxauthorized capacity0es), and that by his&xx)xeiF(signature(x) on the instrument the person(z), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ITTO WITNESS my hand and official seal. @my COMM. L. R852 OMM. #2a3852iNotary Publi ;liiornia ORANGE COUNTY e Comm. Expires Dec 30, 2019 i; Signature (Seal) Karen L. Ritto The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder tf krk-- r �� C5,' � 14 ,\J Printed or Typed Signature Subscribed and sworn to before me this day of , 201_ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of County of ) On Month, Day, and Year personally appeared before me, Insert Name and Title of Notary Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work. specifically referencing the construction of {Describe specific work and experience necessan, for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in high around water regions with trench depths of 8-feet to the invert."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and "Telephone No. of Project Manager: _ Contract Amount "Type of Work Date Completed Provide additional project description to show similar work: C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list atleast three projects for which the critical staff has perfonned similar work within the last five years. "These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. e, Name of proposed Project Manager Telephone No. of proposed Project Manager: `7 Z `P 11 ICJ CdNSI- ,ject Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount T pe of Work ` Name of proposed Superintendent Telephone No. of proposed Superintendent: Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Date Completed Date Completed Date Completed Date Completed C-11 Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www. dir. ca. gov/DLSE/Public W orks/SB 854FactSheet_630. 14.pdf DIR's Contractor Registration Link - Call (844) 522-6734 https : Hefi ling. dir. ca. gov/P WCR/Acti onServi et?action=di splayP WC Registrati onFonn DIR's Contractor Registration searchable database: https://efiIing.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the perfornance of any contract for public work, as defined in this chapter, unless currently - registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Date: L3 ' 1 DIR #: �2- 6A 14 Tn., I.) Contractor By „!� r� Title C-12 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Yorktown Avenue Raised Median CC NO. 1459 in the CITY OF HUNTINGTON BEACH June 15, 2016 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) THE FOLLOWING SHALL BE ADDED TO NOTE ION SHEET 2 OF 3. Pervious stamped concrete shall be per City Standard Plan 711 with the exception of note 6. (City Standard Plan 711 Attached - 2 Sheets) This is to acknowledge receipt and review of Addendum Number One, dated June 15, 2016. M (,-/_ c?N 5 Iy - (t a N3 Compa9y Name Date By All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William Janusz at (714) 536-5431 within 24 hours of posting. CC-1459, Addendum No. 1 Page 1 of 3 'Bid Bond CONTRACTOR: (Name, legal status and address) MK Construction .1040 W. Hoover Ave. Orange, CA 92867 OWNER: (Name, legal status and address) City of Huntington Beach 2000 Ivlain Street Huntington Beach, CA 92648 Bid Bond Number: CSBA-2423 SURETY: (Narrre, legal status and principal place of business) Indemnity Company of California 500 S. Kraemer Blvd., Suite 300 Brea, CA 92821 This document has important legal consequences. Consultation with An attorney is encouraged with respect its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered Plural where applicable. BOND AMOUNT:: Ten Percent (10 %) of Amount Bid PROJECT: Median Island Installation at Yorktown Avenue and Huntington Street, CC No. 1459 Project Number, if any: The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such `ime period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 17th day of June, 2016 x IVIK Construction VVII, (Principal) (Seal) (IY/itness) I / (Title) Indemnity Company of California (Surety) (Seal) (Title) Tvfichael Castaneda, Attorney-ir.-Fact By arrangement with the American Institute of Architects, the Nationa! t,ssodation of Surety Bond Producers (NASBP) (www.nasbp.o) makes this form document availableit-) its members, affiliate, and associates in Microsoft Word format for use in the regular course of surety bu in,:ss. NASSP vouches that t the original text of this document conforms exactly to the text in AIA Document A310-2010, Bid Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On June 17, 2016 before me, Karen L. Ritto, Notary Public (insert name and title of the officer) personally appeared Michael Keenan who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/abet subscribed to the within instrument and acknowledged to me that he%e(t executed the same in his&)erAbeax authorized capacity es), and that by his&xxtkx ixsignature(,$) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KARENki f0 ' WITNESS my hand and official seal. COMM 2135 1 ORANGE COUt,, T v / �My Comem m. pires Dec 30: 201Jj" Signature (Seal) Karen L. Ritto CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of O On 06/17/2016 before me, Susan Pugh , Notary Public personally appeared Michael Castaneda who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary,�Susan Pugh OPTIQNAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ MEMBER of LLC ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: DESCRIPTION OF ATTACHED DOCUMENT Bid Bond Title or Type of Document Number of Pages 06/17/2016 Date of Document SIGNER IS REPRESENTING: Signer(s) other than named above NAME OF PERSON(S) OR ENTITY(IES) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY CDMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ""Andrew Waterbury, Shaunna Burchfiel, Michael Castaneda, Dwight Reilly, Daniel Huckabay, Arturo Ayala, jointly or severally — as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the atorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESDLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 29, 2015. By: Gil �u ........... ,,,�D°./No S?ANY f Daniel Young, Senior Vice -President _ �0�T� ��' O`;¢ORQ f OCT. Z € w i 10 € n OCT. 5 By: O': 1936 /o € w 1967 >-:, :yam= O Mark Lansdon, Vice -President vv7 -... 70YyP aa== 2i �9 ,.Q........................... </FpP A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On January 29, 2015 before me, Lucille Raymond, Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark Lansdon Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of LUCILLE RAYMOND which the person(s) acted, executed the instrument. Commission � 2081945 i , Notary Public - California D I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Orange County true and correct. M Comm. Expires Oct 13, 2018 WITNESS my hand and official seal. f � tX/X/IL Place Notary Seal Above Signature Lucill� f� y ond, Notary Public CERTIFICATE v The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the ro solutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 17th day of June 2016 gy: &"'- I. 444__ 1 Cassie J 61irrisford, Assistant Se Lary ID-1380(Rev.01/15)