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HomeMy WebLinkAboutPalp, Inc. DBA Excel Paving Company - 2017-08-21 11J, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION DATE: 2/21/2018 TO: THOSE LISTED HEREON FROM: Jim Escutia, PW Contract Administrator SUBJECT: Retention Release Payment- PO#23264 Supplier#99671 Co.#100 PD Parking Lot Expansion, Project#CC 1556 Contractor's Name: Excel Paving Address: 2230 Lemon Avenue City, State and Zip Code: Long Beach, CA 90806 Phone Number: 562 599-5841 City Business License Number: A234608 Notice of Completion (Date by City Clerk): 12/12/2017 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. ate C Travis K. Ho kins, Director of Public Works I certify that there are no outstanding invoices on file. Date Joyce!ac s, Deputy City Treasurer I certify that no stop notices are on file, and that a guaranty bond has been filed with the City Clerk's Office. Date Robin E tanislau ty Clerk �) Attachments 1. Notice of Completion — 0 2. Maintenance Bond 3. Certificate of Compliance with Prevailing Wage Laws 4. Contractor's Certificate 5. Certificate of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 6. Consent for Release letter from the Surety Company RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) 0-4 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for �/� t-� V i, (Company ,) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. ,�, / /' � Warranty or Maintenance Bond No. f3E (2& 1VO. `7E' '2� TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved �� 1 17 (Council Approval Date) CC No. Agenda Item No. j`/1 MSC No. City Clerk Vault No. 06 so Other No. SIRE System ID No. Jos rl g:/forms/bond transmittal to treasurer MAINTENANCE BONE) Bond No.8245-25-75 KNOW ALL PERSONS BY THESE PRESENTS' That PALP Inc.dba Excel Paving Company (contractor's name) 2230 Lemon Avenue Long Beach CA 90806 (contractor's street address,city and state and zip code) as Principal(Hereinafter called Contractor),and: Federal Insurance Company (surety's name) 15 Mountain View Road Warren NJ 07059 (surety's street address,city and state and zip code) a corporation organized and existing tinder the laws of the State of Indiana with its principal office in the City of`Warren,NJ as Surety(hereinafter called Surety),are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of One hundred four thousand nine hundred thirty two&ooDollars ($. 104 932.32 ), equivalent to the entire contract amount:Including all orders, for the payment whereof Contractor and Surety bind themselves, their heirs, executors,administrators,successors,and assigns,.jointly and severally,firmly by these presents, 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 fi-om A.M.Best, Moody's,Standard &Poor's,to validate that Surety has posifive ratings of being secure of stable;and Surety is registered and listed.with the California Department of Insurance;and Contractor has by written agreement dated August 21 ,2017,entered into a.contractwith Owner for the PD Parking Lot Expansion(Project#CC1556) in accordance. with drawings and. specifications prepared by _ which contract is by reference made a part hereof(hereinafter referred to as the Contract);and The Contract provides that the principal will guarantee; for a period of one year,,the work performed as part of the. Contract from.and against all defects in materials and workmanship;and The Contract also provides that the Contractor shall secure Contractor's obligations during the one-year period with a. bond executed:by a surety duly admitted in the state of California;and Ttie Contract has been.completed,and the Owner,Contractor and Surety agree that the commencement dale for this Guarantee and Bond shall be December 13 2017, NOW THEREFORE,THE CONDITION OF THIS OBLIGATION is such than 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 nult 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:terrns and conditions. Surety shall save the Owner harmless from any claims,judgments, liens or losses arising from the Surety's failure to either Cemedythe:default or to complete the Contract in accordance with.its ten-is and conditions in a timely rnanner. 15-4584/118138 1 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 coinpiete..the Work:in accordance with the requirements of the Contract with a contractor other than the Principal,at its own expense,and makeavailabie 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 maybe liable hereunder, provided,however,that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall.be subject to the advance written approval of the Owner. Within. thirty(30) days after Surety's receipt of a written notice from Owner of (lie 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 defauit(s)or its performance of the Contract. The:Suretys obligations for cure or remedy,include but are not limited to: correction of defective work and completion of the Contract,additional legal, design professional and delay costs arising from Surety's artions 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 remetclyof the Principal's default(s)of its performance of the Contract. If the Surety does issue its Notice of Election and does not proceed to cure or remedy the 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. Signed and.sealed this 13th day of December 120 17 Principal Raised Corporate Seal PALP Inc.dba Excel Paving Company [MUST BEAFFIXED] (Contractor Name) By: �/�(Seal) Principal Raised Corporate Seal CURTIS P. BROWN III [MUST BE AFFIXED] PRESIDENT _ (Title) Federal Insurance Company Surety Na e) By - (Seal) Douglas A.Ra p,Attorney in Fact APPROVED AS:TCY>F.ORM,, .- ? By:: NOTES; Michael E. Gates,City Attorney 1. Acknowledgments must be completed and returned as part of the bond. 2; Raised Corporate Seals are mandatory. 3. Please attach,Powei of Attorney. 15 4584/138139 ?. Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 cHUBe Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California----------------—------------------------------------ each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December,2011. Kenneth C.Wendel,Assistant Secretary .Norris,Jr.,Vice President STATE OF NEW JERSEY ss. County of Somerset On this 16th day of December, 2011 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attomey as Assistant Secretary of said Companies by like authority;and that he is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B. Norris,Jr.,subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris,Jr.,and was thereto subscribed by authority of said By- Laws and in deponent's presence. .Notarial Seal J:AD- KATHERINE J.ADELAAR . � NOTARY PUBLIC OF NEW JFPSFI�p"NR,p �� Nc,.2316685 Comm"On Expires July 1 h,2014 Notary Public CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President,any Assistant Vice President,any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (Ihe"Companiesl do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect Given under my hand and seals of said Companies at Warren,NJ this 13th day of December,2017 �t'OIAHP T ' SrcFp� ` faFM 4 Kenneth C.We el,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656 e-mail: surety@chubb.com Form 15-10-02258-U (Ed.5-03) CONSENT ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On December 13, 2017 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(*) whose name(e) isfT-e� subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(i@o, and that by his/NoWbIonsiosignature(%) on the instrument the person(9), or the entity upon behalf of which the person(i) 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 seals DEBRASWANSON ;®r% m COMM. #2170759 ;U Aso a NOTARY PUBLIC•CAUFORNIA;7 � II � X ORANGE COUNTY Signature 1��(� �Z�� l�'L�r� (Seal) MY EXP.NOV 10,2020 N Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach,CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: CC-1556 Project: P.D. Parking Lot Expansion 2000 Main St Huntington Beach, CA 92648 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 17 day of January ,2018 , at Long Beach ,California. Palp Inc.,dba Excel Paving Co. (Contractor Name) APPROVED AS-TO FORM nr. ; By: . Mighael E.Gates Clity Attorney 1 CONTRACTOR'S CERTIFICATE ( Dallas Daniels , state and certify that: (Name of Declarant) l Palp Inc., dba Excel Paving Co. is the general contractor to the City of Huntington Beach("City")on Contract No. CC-1556 (the"Contract") for the construction of the public work of improvement entitled: P.D. Parking Lot Expansion (the"Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents(as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five(5), all persons supplying labor, services,materials and equipment to the Project, including all claims against the contractor arising from the performance of the Contract, have been paid and satisfied(list unpaid debts and claims; if none, write"NONE"): NONE 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who perfonned 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"). NONE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (executed at 2:30 on this 17th day of January ,2018 (Signalure of Declarant) APPROVED AS T,O'rORM Michael E. Gates City Attorney 1 Certification of Compliance with Title V ll of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Strect/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: CC-1556 Project: P.D. Parking Lot Expansion 2000 Main St Huntington Beach, CA 92648 The undersigned contractor on the above-referenced project("Project")hereby certifies that it has complied with title:VII of the Civil Rights Act,the Equal Opportunity Act of 1972 and Executive Order 11246,and has not discriminated against any employee or applicant for employment because of race,color,religion,sex,sexual orientation, gender identity,national origin,age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, color,religion, sex,sexual orientation, gender identity,national origin,age or disability(with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 17 day of January , 2018 ,at Long Beach ,California. Palp Inc. dba Excel Paving Co. (Contractor Name) APPROVED AS T.O.O FORM By: cam{ /Jt, st`'�• _ Michael E. Gates City Attorney 1 Consent of Surety Release of Final Payment AIA Document G 707 Bond No. 8245-25-75 To Owner: City of Huntington Beach General Contractor: 2000 Main Street PALP Inc. dba Excel Paving Company Huntington Beach,CA 92648 2230 Lemon Avenue Long Beach, CA 90806 Contract For: PD Parking Lot Expansion Contract Date: August 21,2017 In accordance with the provisions of the Contract between the General Contractor and the Owner as indicated above, Federal Insurance Company 555 So. Flower Street Los Angeles, CA 90071 Surety, on a bond of behalf of PALP Inc. dba Excel Paving Company 2230 Lemon Avenue Long Beach,CA 90806 General Contractor does hereby approve of the Owner's payment of Final Payment to the General Contractor, and agrees that said Final Payment to the General Contractor shall not relieve the Surety of any of its obligations to City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 Owner, as set forth in said Surety's bond. IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date: January 17, 2018. Federal Insurance Company A,& 0 _ Douglas . Rapp Attorney�'i i Fact ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On January 17, 2018 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(e) whose namefe) ism subscribed to the within instrument and acknowledged to me that he/414801 e9 executed the same in hisM it authorized capacity, and that by his/keWb w*signature(%) on the instrument the person(p), 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. A VF� DEBRASWANSON W COMM. #2170759;0 ss o NOTARY PUBX-CAUFORMA Cn t>r � ORANGE COUNTY N MY COMM.EXP.NOV 10.2020 Signature (Seal) NEChubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 ON`JBB Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California-----------------—-------------------------------------- each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December,2011. Kenneth C.Wendel,Assistant Secretary .N�Vic-eent STATE OF NEW JERSEY ss. County of Somerset On this 16th day of December, 2011 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attomey as Assistant Secretary of said Companies by like authority;and that he is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B. Norris,Jr.,subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris,Jr.,and was thereto subscribed by authority of said By- Laws and in deponent's presence. .Notarial Seal J:ADc KATHERINE J.ADELAAR `� NOTARY PUBLIC OF NEW JERSFI No.23 i 6685 CommiWon Expires July 16,2014 G Notary Public A`'�lld JET CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President,any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attcmeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I,Kenneth C.Wendel,Assistant,Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the"Companies")do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (h) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Warren,NJ this 17th day of January,2018 yy d 6 W - q ��'OIANP T �+sCYKti\� ♦aFW YO�''N'� Kenneth C.We el,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656 e-mail: surety@chubb.com Form 15-10-02256-U (Ed.5-03) CONSENT RECEIVED BY: / CITY CLERK RECEIPT COPY .'\ f o arr Return DUPLICATE to f` City Clerk's Office (Name) after signing/dating r (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk / DATE: SUBJECT: Bond Acceptance I have received the bonds for Lx 0-e l (A',V 1 (company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. ��I` ')/�_-� 1V0. ''7 TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved / 1 (Council Approval Date) CC No. Agenda Item No. jq MSC No. City Clerk Vault No. Other No. SIRE System ID No. ��U� r71 g:/forms/bond transmittal to treasurer Batch 2920225 - Print Confirmations Page 1 of 1 i' r I PLEASE COMPLETE THIS INFORMATION Recorded in Official Records,Orange County RECORDING REQUESTED BY: Hugh Nguyen,Clerk-Recorder } NO FEE * $ R 0 0 0 9 7 5 9 3 7 5 $ * ; 2017000534106 3:21 pm 12/12/17 i' WHEN RECORDED MAIL TO: 232 407 N12 1 CITY OF HUNTINGTON BEACH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 � PUBLIC WORKS DEPARTMENT Attw Jim Escutia $ P.O.Box 190—2000 Main Street !' Huntington Beach,CA 92648 c 1 e i t THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT i F NOTICE OF COMPLETION f ) ) 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 Excel Paving,who was the company thereon for doing the following work to-wit: t PD Parking Lot Expansion,Project#CC 1556 ) r. That said work was completed 12/12/2017 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 12/12/2017,per City Council Resolution No.2003-70 adopted October 6,2003. . t That upon said contract Federal Insurance Company,was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 6103 and should be recorded free of charge. z - 2�zZ- i E. (Dir ctor of Public Wo s dWCity Engineer Date City of Huntington Beach,California ) STATE OF CALIFORNIA) County of Orange )ss: q. 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. P s This document is solely the official business of the City of Huntington Beach,as contemplated lZ-cz- under Government code section 27383 and -rector of Public_W_orkK or City Engineer Date should be recorded free of charge. City of Huntington Beach,California s F THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) f 3 I t i{- https:Hgs.secure-recording.coin/Batch/PrintConfirmations 12/12/2017 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Mime) after signing/dating (Date) Hv� CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance ' I have received the bonds for e� //f17 J/,Ott (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. �, 5 Payment Bond (Labor and Materials) Bond No. ,�s � 7T Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved �.� f (Council Approval Date) CC No. Agenda Item No. / MSC No. City Clerk Vault No. Other No. SIRE System ID No. L -� 71 g:/forms/bond transmittal to treasurer i CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PALP, INC. DBA EXCEL PAVING COMPANY FOR P.D. PARKING LOT EXPANSION CC1556 THIS AGREEMENT("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Palp, Inc. dba Excel Paving Company, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as P.D. Parking Lot Expansion CC1556 in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, 1 16-5195/Palp,Inc.CC1556 including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 16-5195/Palp,Inc.CC1556 D. The edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5195/Palp,Inc.CC1556 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed One Hundred Four Thousand, Three Hundred Fifty-Seven Dollars and No Cents ($104,357.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within thirty (30) consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 4 16-5195/Palp,Inc.CC1556 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 16-5195/Palp,Inc.CC1556 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business 16-5195/Palp,Inc.CC1556 licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500.00) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. 16-5195/Palp,Inc.CC1556 Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen(15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. (1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 8 16-5195/Palp,Inc.CC 1556 (b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes; (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW (or his or her written designee). All Demands shall be submitted promptly, but in no event later than thirty (30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand n 16-5195/Palp,Inc.CC1556 within fifteen (15) days after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer, in writing, either within fifteen (15) days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the 10 16-5195/Palp,Inc.CC1556 CONTRACTOR submits his or her Demand until the Demand is denied as a result of the meet � and confer process, including any period of time utilized by the meet and confer process. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment,for extending the completion date as in its sole judgment the findings warrant. 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, CONTRACTOR may be paid such I1 16-5195/Palp,Inc.CC1556 sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed 12 16-5195/Palp,Inc.CC1556 claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 1? 16-5195/Palp,Inc.CC1556 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT-HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 181.5. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or pennitted to work more than eight (8) hours in any 14 16-5195/Palp,Inc.CC1556 one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's 15 16-5195/Palp,Inc.CC1556 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. 24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that,it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 16-5195/Palp,Inc.CC1556 25. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Five Thousand Dollars ($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/Palp,Inc.CC1556 26. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement;the certificates shall: 1. Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force; and 3. Promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction 18 16-5195/Palp,Inc.CC1556 which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 28. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29. 29. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by 16-5195/Palp,Inc.CC1556 reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not perfonned. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 31. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work perfonned pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 33. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or 20 16-5195/Palp,Inc.CC]556 expense so incurred against any surn or sums owed by CITY to CONTRACTOR under this Agreement. 34. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 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 which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach Excel Paving Company ATTN: Jim Escutia, Public Works ATTN: Curtis P. Brown III 2000 Main Street 2230 Lemon Avenue Huntington Beach, CA 92648 Long Beach, CA 90806 35. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 16-5195/Paip,Inc.CC1556 36. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 37. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 38. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 39. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other GG 16-5195/1'alp,Inc.CC1556 whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then,the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 40. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 41. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 42. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 43. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 ' 16-5195/Palp,Inc.CC]556 45. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 16-5195/Palp,Inc.CC1556 I IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on &6M,57—o,2017. CONTRACTOR: CITY OF HUNTINGTON BEACH, a mu . ipal c rporatio th to oaf California By: Mayor (j u (print name) /] 4,� ITS: Chairman/<resident/Vice-President City Clerk (circle one) CJ INITIATED AND APPROVED: AND By: ` Director of Pub c Works (print name)--- ITS: Secretary/Chief Financial Office REVIEW APPROVED: Asst. Secretary/Treasurer (circle one) City Manager APPROVED AS City Attorney 16-5195/Palp,Inc.CC]556 P.O. BOX 16405 CA 90806-5195 EXCEL PAVING AY LONG BEACH,(562) 599-5841 A GENERAL ENGINEERING CONTRACTOR FAX (562) 591-7485 STATE LICENSE NO. 688659A CORPORATE RESOLUTION OF PALP INC. The undersigned, being the sole member of the Board of Directors and sole Shareholders of PALP Inc. (the "Corporation"), organized and existing under the laws of California, and having its principle place of business at 2230 Lemon Avenue Long Beach, CA 90806, hereby certifies that the following is a true and correct copy of a resolution duly adopted by the Corporation, and that such document has not been modified, rescinded ort revoked, and is at present in full force and effect: Therefore, it is resolved: That Curtis P. Brown III has authority to act as a sole signor on all corporate documents. This consent is executed pursuant to Section 307 (B) and 603 of the Corporation Code of the State of California and the By-Law of this Corporation, which authorize the taking of action by the Board of Directors and Shareholders by unanimous consent without a meeting. May 1, 2017 President: r Curtis P. Brow.. III Officers of the Company: Vice President and Chief Financial Officer Bruce E. Flatt Secretary Marcia Miller Assistant Secretary Michele E. Drakulich Shareholder- Curtis P. Brown III CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to I which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles On �' ��)�� before me, A. Henderson ,Notary public, f (Here insert name and title of the officer) personally appeared Curtis P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) isWsubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/�/torf' authorized capacity(ies), and that by hisgnature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph I is true and correct. °° se A.HENDEERRSSOONQ WITNESS my hand and official seal./ COMM.#2170176 h�• y Notary Public-California � LOS ANGELES COUNTY a N Seal My Comm.Expires Oct 31,2020 Signature of Notary Public ( otary ) a ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT 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 (Title or description of attached document) 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 (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. i • State and County information must be the State and County where the document I Number of Pages Document Date personally pp �p g g signer(s) ersonall appeared before the no 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. (Additional information) • 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. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/dray-is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer . The notary seal impression must be clear and photographically reproducible. P Impression must not cover text or Tines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. 1 •:• indicate the capacity claimed by the signer. if the claimed capacity is a ; corporate officer,indicate the title(i.e.CEO,CFO,Secretary). i 3ecureiy atteicn this tiocuincut to the signeu document — i C 2004-2015 ProLink Signing Service,Inc.—All Bights Reserved—rhePro Link.com—Nationwide Notary Service CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles On �,�, '�� before me, A. Henderson ,Notary Public, f 1 I (Here insert name and title of the officer) personally appeared Bruce E. Flatt ! who proved to me_on the.basis of satisfactory evidence to be.the,p_erson(s)whose name(s) is/ to the within instrument and acknowledged to me that he/she/they executed the same in his/ltauthorized capacity(ies), and that by his/1 /t Ir 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. i WITNESS m hand and official seal. =A.HENDERSON17y o�;� -, 176 N. 4 Nolifornia�'> t OUNTY LLNo Seal My C 31,2020 6 Signature of Notary Public ( ) 1 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM � Any acknowledgment completed in California must contain verbiage exactly as i DESCRIPTION OF THE ATTACHED DOCUMENT 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 I document is to be recorded outside of California.In such instances, any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the j 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 (Title or description of attached document continued) document carefully for proper notarial wording and attach this form ifrequired. • State and County information must be the State and County where the document Number Of Pages Document Date 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. (Additional information) • 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. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. El Individual(s) lie/she/the};--is/are)or circling the correct forms.Failure to correctly indicate this 4 information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. i CImpression must not cover text or lines. If seal impression smudges,re-seal if a G ` (Title) sufficient area permits,otherwise complete a different acknowledgment form. ! ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other 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 ourpowie officer,indicate the title(i.e.CEO,CFO,Secretary). I • Securely attach this document to the signed document ! C 2004-2015 ProLink Signing Service.Inc.-All Rights Reserved e v,v.Th,Prol.ink.com-Natiomvide Notary Service ♦ �)��y/,c3iT SECTION C PROPOSAL for the construction of P.D. PARKING LOT EXPANSION CC No. 1556 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 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will re-advertise the project. In the case of discrepancies in the amounts bid,unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. C-1 Accompanying this proposal of bid, find bi in the amount °Tj"pgfrMT 0jvA imGU"TjWt_which said amount is not less than l 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: s Addenda No::. Date Received Bidder's.Si Mature ._.Il �� / rtis P. Brown III sident PROJECT BID SCHEDULE Brd Contract Unit Extended No. " Descript ion Quanti MCWPrice_." SAWCUT&REMOVE EXISTING IMPROVEMENTS TO A 1 DEPTH OF UP TO 7"TO ACCOMMODATE NEW 11,700 SF $� f PARKING. 2 INSTALL 8' HIGH CHAIN LINK FENCE WITH PRIVACY 325 LF $b5' $�I)�i.� ✓ SCREEN AND CONCRETE PERIMETER BASE. 3 CONSTRUCT 6"PCC CURB 60 LF $07• $I6ao- 4 CONSTRUT 3"AC OVER 4"AB 11,700 SF $3.5% $40NO- 5 PAINT 4"WHITE STRIPE 41 STALL $S`(- 6 MOBILIZATION 1 LS $ILOW- $ROO. BASE BID (BASIS OF AWARD) Total Amount Base Bid in Figures: $ Total Amount Base Bid in Words: ne -- ._........_..___......_. ._ ----- -- -- --o- h _ - --- -- -- -___ s! ►_��l. __. This Section identifies potential change in the work under consideration for this contract. The Owner reserves the right to accept any or all of the listed Additive Bid Items, regardless of the order of their listing. ADDITIVE BID ITEMS �Bid, , „; Contract Unit Extentfed No Description. Quanta Unite; Price. : ,. ". .'Amount. ; Al CRACK SEAL, SLURRY AND STRIPE EXISTING SOUTH 16,700 SF $0.0— $IOOaO! PARKING LOT A2 CRACK SEAL, SLURRY AND STRIPE EXISTING NORTH 46,000 SF $U. S ' PARKING LOT A3 CRACK SEAL, SLURRY AND STIRPE EXISTING DRIVES 7,700 1 SF C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR Dollar % of Item(s) Subcontractor License.. Number Amount Contract' Nrtmber` Ili 9I0 dAVt NS (U77 IWWO5'1A0 IN3�, •3 i r�lfq�� S� A 1,Ay,Al ��� A ��� �,�►�1 t 6la,lq 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 r NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID 1 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 onli 39 gnat t oNG $EACH ,i ,gA Date Oily State Curtis P. Brown III , being '_stulPR14orn, deposes and says that he or she is President of ww P-MP IG 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. MR 1MMA PW Name of Bidder Curtis P. Brown III President /S`ig'na:tu��reolf Bidder 2230 LEli,W4 AVENUE LONG HACH, GA C"013u5 Address of Bidder C-4 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles On R 7Q77 before me, C. Phillips, Notary Public Notary Public, (Here insert name and title of the officer) personally appeared Curtis. P. Brown III i who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/wt subscribed to the within instrument and acknowledged to me that he/�ke/tbey executed the same in his/hef/tjxeir authorized capacity(ies), and that by his/ham/thy 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. "o C.PHILLIPS -"1COMM,#2170177 WITNESS my hand and official seal. <.)'L o COCO N Y Public-California N c�4LOS ANGCLES COUNTY a MY Comm.Expires oct 29, M4 (Notary Seal) �_ 2020 Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California muse contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notan) section or a separate acknowledgment dorm must be properly completed and attached to that document. The only exception is it a document is to be recorded outside o/'California. In such instances, any alternative (Title or description of attached document) 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%r a notary in California (i.e. certifying the authorised capacity of the signer). Please check the (Title or description of attached document continued) document carefidly Ibr proper notarial wording and atiach this./orm r/required. • State and County information must be the State and County where the document Number of Pages Document Date 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. (Additional information) • 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. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. El Individual(s) Ire/she/#we-is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number ol'pages and date. Indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document C 2004-2015 Prol-ink Signing Service,Inc.-All Rights Reserved Hk1a.TheProl.ink.com-Nationwide Notan-Service e z k 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 P.D. PARKING LOT EXPANSION, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor Curtis P. Brown III President Title Date: JUL 18 C-5 1 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? 1 ❑ Yes iNo 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 ti a COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and 1 will comply with such provisions before commencing the performance of the work of this contract. € PA NG C #F-1 N, Contractor Curtis P Brown III Prpgi(jpnf Title Date: o � � 97(117 � C-7 � r BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name 2?1,Q AVENWE Business Address City, State Zip $552}599-5841 sstimatina(&excelpayinq,net Telephone Number Email Address STATE IU'Go £936500"A° State Contractor's License No. and Class ri kIIgq Ori�Dde Issued I:h t 'Ole Expiration Date The work site was inspected bylk�wj-1f&WA of our office on , 201A-) The following are persons, firms, and corporations having a principal interest in this proposal- Pi R iJ CODSA President and GhietExecutive Officer Bruce E.Flatt Vice President and Chief Financial rxf —�'� Miller Secretary icer Michele E.Drakulich Assistant Secretary 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 improveinents in accordance with the plans and specifications set forth. ALP 'EXICS MOM Company Name Curtis P. Brown III gnature of Bidder Piesidet Printed or Typed Signature Subscribed and sworn to before me this_day of 1111 2017 , 201_ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of LOS ANGELES ) County of LOS ANGRES ) On JUL 18 2017 before me, C. Phillips, Notary Public Month, Day, and Year Insert Name and Title of Notary personally appearecCUr IS P. Brown III Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/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. n,; - C,PHILLIPS II COMM,#2170177 M Notary Public-California a LOS ANGELES COUNTY a SignatureI I Q W% My Comm.Expires Oct 29,2020J Signature of 11 ary Public (PLACE NOTARY SEAL ABOVE) C-9 y L r Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of at least one project involving the installation/construction of a "ROMTEC" modular construction building. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: SEE AT ACFED 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-1 0 s � Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager; and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. Name of proposed Project Manager Telephone No. of proposed Project Manager: (552)599-5841 AW �-r kor AkMt V �L" 114 Project Name & Contract Amount Type of Work Date Completed OL G, Q ►�- 26 � ul� Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed 2. J DC. kJhW OV'CJ,-- Name of proposed Superintendent Telephone No. of proposed Superintendent: (1152)599-5841 Project Name & Contract Amount Type of Work Date Completed -NV\)AJ\V, QVv t43 Om Nffiv 414 "11101� Proje ame & Contract Amount Type of Work Date Completed aft& Nte, ;x- Oss s'r �wcq- 91 U15. Project Name & Contract Amount Type of Work 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 S13 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet_6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActionServiet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https://efi l ing.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. P G 4 VICASA W D ! ' 'R Contractor Y Curtis P. Brown III JUL 18 7017 Title President Date: DIR#: MOOM5% C-12 f Current Jobs-References (March 2017) Cont# Agency/Location Job Name/Location: Dates/Amount of Project 5387 City of Glendale Prop 84 Green Streets 05/2017- In Progress TC 1613 E.Broadway,Glendale,CA 91206 1 $2,223,985- Saarkis Oganesyan 1818-548-3945 isoganesyan@glendaleca.gov Eli 5343 C/O Torrance N.Wells Field Impry 04/12/2016-09/2017 In Progress TR77cled Water&Domestic Water KC 3031 Torrance Blvd,Torrance,CA 90503 imprv) $2,164,034 John Dettle 310-618-5990 jdettle@torranceCA.GOV 5331 C/O Whittier Palm Ave 02/18/2016-12/2016 1M/DD 13230 Penn St,Whittier,CA 90602 $1,063,434/$1,093,223 Kyle Cason 562-567-9511 kcason@cityofwhittier.ORG 5365 City of San Clemente Major St Maintenance 5/23/2016-12/2016 TC 100 Avenida Presidio,San Clemente,CA 92672 $411,382/$323,646 Gary Voborsky 949-361-6132 voborskyg@san-clemente.org 5359 C/O Laguna Niguel Citywide Pavement 05/10/2016-09/O1/2016 TC 30111 Crown Valley Pkwy,Laguna Niguel $2,863,000/$2,391,548 Frank Borges 949-362-4325 fborRes@Cityofiagunaniguel.Qrg -v. III W- 10 W-1 I"`I MI 5353 BNSF SB Auto Yard Track Expansion 04/22/2016-09/2016 ER 1685 Santa Fe Way,San Bernadino,CA 92410 $2,119,981/$1,907,995 Khy Lim 626-372-9504 khy.lim@wilsonco.com 5338 C/O Duarte Las Lomas Rd 03/15/2016-07/2016 BP 1600 Huntington Dr,Duarte,CA 91010 $207,093/$260,277 Rafael Casillas 626-357-7931 rcasillas@accessduarte.com d 5333 C/O Bellflower Parkig Dist No 1 02/29/2016-07/2016 DD 16600 Civic Center Dr,Bellflower,CA 90706 $222,962/$218,575 Jerry Stock 562-804-1424 jstock@bellflower.org 5314 C/O Bellflower Bellflower Blvd 12/22/2015-07/2016 DD 16600 Civic Center Dr,Bellflower,CA 90706 $1,164,847/$1,271,297.87 Philip Wang 562-804-1424 pwang@bellflower.org 5372 County of Orange Esplanade&Chapman 06/03/2016-07/2016 WP 300 N.Flower St,Santa Ana,CA 92703 $424407/$1,751,645(final) Bruce Poma 714-955-0214 bruce.poma@ocpw.ocgov.com 5326 C/O Pico Rivera Citywide Roadway Impvt 02/03/2016-06/03/2016 BP 6615 Passons Blvd,Pico Rivera,CA 90660 $267,213/$303,815 Robert DelGadio 562-801-4364 rdelgadillo@pico-rivera.org 5288 C/O Lomita Oak St-Watermain/Pavement 10/05/2015-02/12/2016 BP 24300 Narbonne Ave,Lomita,CA 90717 $11727,682/$1,717,692 Mark McAvoy 310-325-7110 m.mcavoy@lomitacity.com ti ai a k? g s h r .. 4 a 5153 C/O Los Angeles Discovery of Science 05/2014-08/2015 JM 1149 S.Broadway,LA,CA 90015 1 $1,288,823/$1,252,853 Richard Campbell 1213-847-4715 richard.campbell@lacity.org 5164 C/O Santa Ana Grand Ave 06/2014-08/2015 DD 20 Civic Center Plaza 92701 $3,179,058/$3,709,886 Tyrone Chesanek 714-647-5045 tchesanek@santa-ana.org 5139 C/O Glendale Glendale Ave 04/03/2014-06/30/2015 JM 613 E.Broadway,Glendale,CA 91206 66,874/$4,311,174 Jasmina Zigic "'818-937-8255 ljzigic@glendaleca.gov 1 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For P.D. Parking Lot Expansion Project CC NO. 1556 in the CITY OF HUNTINGTON BEACH July 13, 2017 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications,and Special Provisions: 1. SECTION C, Page C10, Bidders Project History Omit "ROMTEC" modular construction building from first paragraph. This is to acknowledge receipt and review of Addendum Number One, dated July 13, 2017. Fw� C., VM eMnNC. rn�,#V �� ��i _ Curtis P. Brown II Company Name By President u n 9 Q qng Date ` All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. t t City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO for P.D. PARKING LOT EXPANSION CC No. 1556 July 17, 2017 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) ALL REFERENCES TO THE DATE BIDS ARE DUE ARE HEREBY CHANGED TO "JULY 25, 2017." ATTACHED TO THIS ADDENDUM ARE AN UPDATED COVER SHEET AND PAGE A-1 OF THE PROJECT SPECIFICATIONS. 2) THE BIDS ARE DUE TO THE CITY CLERK UP TO THE HOUR OF 2:00 PM ON JULY 25,2017. This is to acknowledge receipt and review of Addendum Number Two, dated July 17, 2017. 4w wc. MEL PA%PNG ���� Curtis P. Brown III Company Name I-11Bqy President n n 9 ?n17 Date` All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at(714) 536-5431. L Bond No. Hid Bond BID BOND The American Institute of Architects, AIA Document No.A310(February, 1970 Edition) KNOW ALL WN BY THESE PRESENTS,that we PALP Inc.dba Excel Paving Company as Principal hereinafter called the Principal,and Federal Insurance Company a corporation duly organized under the laws of the state of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee,hereinafter called the Obligee,in the sum of Ten percent of the total amount of the bid Dollars ($ 10% ), for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WTJEREAS,the Principal has submitted a bid for Parking Lot Expansion(CC1556) NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full farce and effect. Signed and sealed this 6th day of July 2017 G t 1 ( '� 6L lUUU���� l� C PALP Inc.dba Excel Paving Company Witness �� Cu rt�s . Browr "AXYL", ASST, SECRETARY Bye �Al_ _� President Name/Tifle Federal Insurance Company Surety (Seal) y. , C, Q Witness BDouglas�A Rapp Attorney-in-Fact ORSC 21328(5/97) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On July 06, 2017 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(&) whose namefe) isl"M subscribed to the within instrument and acknowledged to me that he/ iq@y executed the same in hiss authorized capacity0wo, and that by his/signature(-o) on the instrument the person(, or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �,��`°;m COMM. #2i'S�591 W i NOTARY PUBX-CAUFORNU ORANGE COUNTYCn MY COMM.EXP.NOv 10.2020 Signature ��_> �rC� ti�� �� (Seal) Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 •, cHues Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California----------------—-------------------------------------- each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December,2011. Kenneth C.Wendel,Assistant Secretary .Norris,J�Vic-ePresid�nt STATE OF NEW JERSEY ss. County of Somerset On this 16th day of December, 2011 before me;a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attomey as Assistant Secretary of said Companies by like authority;and that he is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B. Norris,Jr.,subscribed to said Power of Attorney is in the genuine handwriting of David B.Norris,Jr.,and was thereto subscribed by authority of said By- Laws and in deponent's presence. .Notarial Seal KATHERINE J.ADELAAR �.AD, .�/= �j� �pAY�y9� NOTARY PUBLIC 16 NEW JEkSF1 G2' 4z �O � Nr,,231t5tSB5 v I �§, Comrttistion Expires July 14,2014 c� Notary Public CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President,any Assistant Vice President,any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the"Companies")do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Warren.NJ this 6th day of July,2017 urxm, s�Nc LZ oar ro u, - Fco 9 9 # 5 �NOIANP �SCOaIiH tiFW LAG/2Y �s Kenneth C.We el,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656 e-mail: surety@chubb.com Form 15-10-0225B-U (Ed.5-03) CONSENT CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles On I1 7017 before me, C. Phillips, Notary Public ,Notary Public, (Here insert name and title of the officer) personally appeared Curtis. P. Brown III and Michelle E. Drakulich who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)$(/are subscribed to the within instrument and acknowledged to me that Pk/s)it,/they executed the same in IX/W/their authorized capacity(ies), and that by?fs/1&/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. =FHI�SIR COMM,#2170177 n " '�•J lx: Notory E'uhlin-California a LOS ANGELES COUNTY Signature of Notary Public CAA) (Notary Seal) My Comm.Expires Oct 29,2020 i ADDITIONAL OPTIONAL INFORMATION j INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF TBE ATTACHED DOCUMENT 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 (Title or description of attached document) verbiage does not require the notary to do something that is illegal for a notaly in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required i - State and County information must be the State and County where the document Number of Pages Document Date 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. (Additional information) - 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. CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. El Individual(S) he/she/gwy­is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer - The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) - Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attomey-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other 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 C l corporate officer,indicate the title(i.e.CEO,CFO,Secretary). Seceaely-4=1i this document to the Signed document C 2004-2015 ProLink Signing Service,Inc.-All Rights Reserved www.TheProLinkcom-Nationwide Notary Service ! [�,D El PAVlP GMRMY LLING'E , !A OM lJ� CA W Ur ci N 7 'i9 n.. n ,guy• =�J� - .s,. ai't_��„� n;@"9:a ��1�[+R � ��� �`A. �``�'' ��r,�.. ����� S.F''".��}'1� �,��j� S'°' .��� "�9t��,�ffi�e�'', E " �: t•`Al�d'��� �a iy� q� �", � .. .�e s.�s....��..,.e...ram,..:; ��±r� , e.``�_a... w, .: �. r .�'-�r PALP, INC. DCHOE ACORO' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY)09/29/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 CONTACT NAME: The Wooditch Company Insurance Services,Inc. Ea A,,N,Ext):(949)553-9800 ONE FAX No):(949)553-0670 IL 1 Park Plaza,Suite 400 ADDRESS: Irvine,CA 92614 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Starr Indemnity&Liability Co 38318 INSURED INSURER B: Palp,Inc.DBA Excel Paving Company;GAP Equipment,LLC INSURERC: 2230 Lemon Avenue INSURER D: Long Beach,CA 90806 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXPLIR LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 1000025506171 06I01I2017 06I01I2018 DAMAGE TO RENTED 100,000 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY a ipef1-1 LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY Ea accident $ X ANY AUTO X 1000198549171 06/01/2017 06/01/2018 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NpN(WNED P OP.ER Y DAMAGE $ AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ A WORKERS COMPENSATION X PER OTH- Y/N AND EMPLOYERS'LIABILITY 1000002214 06/01/2017 06/01/2018 TAT TE ER 1,000,000 ANY PROPRIETOR/PART ER EXCLUDED?ECUTIVE N/AOFF E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Excel Job#5512;PD Parking Lot Expansion Project CC#1556. glaip(CG2012)/auai City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are included as Additional Insureds as respects General Liability and Auto Liability per attached endorsements. APPROVED This insurance shall apply as Primary and Non-Contributory per attached endorsement. B MICHAEL E.GATES CITY ATTORNEY CERTIFICATE HOLDER CANCELLATIO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY 9 Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: PALP, INC. DCHOE LOC#: 1 AC"RD„ ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Palp,Inc.DBA Excel Paving Company;GAP Equipment,LLC 2230 Lemon Avenue POLICY NUMBER Long Beach,CA 90806 SEE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Cancellation: "Except 10 days notice of Cancellation for non-payment of premium. "Should this policy be cancelled before the expiration date,The Wooditch Company will mail 30(thirty)days written notice to those Certificate Holders which require such action per contract or agreement." ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 1000025506171 COMMERCIAL GENERAL LIABILITY CG20120413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are included as Additional Insureds as respects General Liability and Auto Liability per attached endorsements. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. This insurance does not apply to: include as an additional insured any state or a. "Bodily injury", "property damage" or governmental agency or subdivision or political "personal and advertising injury" arising out subdivision shown in the Schedule, subject to the of operations performed for the federal following provisions: government, state or municipality; or 1. This insurance applies only with respect to b. "Bodily injury" or "property damage" operations performed by you or on your behalf included within the "products-completed for which the state or governmental agency or operations hazard". subdivision or political subdivision has issued a permit or authorization. B. With respect to the insurance afforded to these additional insureds, the following is added to However: Section III—Limits Of Insurance: a. The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or agreement, the most we by law; and will pay on behalf of the additional insured is the b. If coverage provided to the additional amount of insurance: insured is required by a contract or 1. Required by the contract or agreement; or agreement, the insurance afforded to such additional insured will not be broader than 2. Available under the applicable Limits of that which you are required by the contract Insurance shown in the Declarations; or agreement to provide for such additional whichever is less. insured. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 12 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 I Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 Primary and Non-Contributory Condition Policy Number: 1000025506171 Effective Date: June 1, 2017 at 12:01 A.M. Named Insured:Palp, Inc. DBA Excel Paving Company This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. SECTION IV—CONDITIONS, condition 4.Other Insurance is amended as follows: 1. The following is added to paragraph 4.a. of the Other Insurance condition: This insurance is primary insurance as respects our coverage to the additional insured,where the written contract or written agreement requires that this insurance be primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured is a Named Insured. All other terms and conditions of this Policy remain unchanged. Signed for STARR INDEMNITY 8t LIABILITY COMPANY Charles H. Da Belo, President Nehemiah E. Ginsburg,GeneraVCounsel OG 107(04/11) Page 1 of 1 Copyright©C.V.Starr&Company and Starr Indemnity&Liability Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission. Starer Indemnity & Liability Company Dallas, TX 1-866-519-2522 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy Number: 1000198549171 Effective Date: 06/01/2017 Named Insured: Palp, Inc. DBA Excel Paving Company; GAP Equipment, LLC ADDITIONAL INSURED — WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This policy is amended as follows: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON OR ORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF A COVERED "AUTO" I SECTION II — LIABILITY COVERAGE A Coverage Who is Insured is amended to add d. Any person or organization shown in the schedule above to whom you become obligated to include as an additional insured under this policy as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy but only with respect to liability arising out of use of a covered "auto" However the insurance provided will not exceed the lesser of (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. SICA 1016 (02/12) Page 1 of 2 Copyright©C.V.Starr&Company and Starr Indemnity&Liability Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission. Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 Signed for STARR INDEMNITY& LIABILITY COMPANY Charles H. Dangelo, resident Nehemiah E. Ginsburg,GeneralLCounsel SICA 1016 (02/12) Page 2 of 2 Copyright @ C.V.Starr&Company and Starr Indemnity&Liability Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission. RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) , + CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. (�� - obi� — 7T 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. �I Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved 0-1 h-7 (Count Approval/Date) CC No. � �� Agenda Item No. MSC No. City Clerk Vault No. Other No. SIRE System ID No. 1-303 71 g:/forms/bond transmittal to treasurer PERFORMANCE BOND Bond No.8245-25-75 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as`Cif}')has, by written agreement dated August 21 20 17 entered into a contract with PALP Inc.dba Excel Paving Company 2230 Lemon Avenue Long Beach CA 90806 (name and address of Contractor) (hereinafter referred to as"Principal"),for performance of the work described as follows: PD Parking Lot Expansion,Project#CC 1556 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a p-irt hereof as though set forth herein in full;and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt,full and faithful performance of said Contract, by a duly admitted surety insurer under the laws of the State of California(hereinafter referred to as"Surety");and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies,such as from A.M.Best,Moody's,or Standard&Poor's,to validate that Surety has positive ratings of being secure or Stable; and Surety is registered and listed with the California Department of Insurance, NOW,THEREFORE,we,the undersigned,as Principal,and Federal Insurance Company 15 Mountain View Rd.,Warren, NJ 07059 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of One hundred four thousand three hundred fifty seven and 00/100 Dollars ($ 104,357.00 ),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 if the Principal shall promptly,fully and faithfully perform each and all of the covenants,obligations and things.to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered,amended or modified from time to time;and if the Principal shall indemnify and save harmless City and all of City's officers,agents and employees(hereinafter collectively referred to as"Obligees")fromany and all losses,liability and damages, claims,judgments,stop notices,fees and costs of every description,whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract,including all alterations,amendments and modifications thereto,and any warranties or guarantees required thereunder,then this obligation shall be void;otherwise,it shall be and shall remain in full force and effect. Surety stipulates and agrees,for value received,that no adjustment of the time or price in the Contract or any alteration,change, deletion,addition or other modification to the Contract,or the work to be performed thereunder,shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract or contract price,and any other alteration,change, deletion,addition or other modification to the Contract,or the work to be performed thereunder,and agrees 15-4584/117174 Bond No. 8245-25-75 to automatically adjust the penal sum of this Bond to reflect such adjustments,alterations,changes, deletions,additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code§§2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF,each party represents and warrants that this instrument has been duly executed by Principal and Surety,on the date set forth below,that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety,by execution of this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: September 22,2017 ATTEST PALP Inc.dba Excel Paving Company (Corporate Seal) (Principal Name) By: "0AL—� h e:(�� � -\V`i L r 7 1 Title: �`,,L�,.� ATTEST Feder Ell Insurance Com an (Corporate Seal) (Surety Name) By: Name: D�ouoa A.RZ�pp,Att(#rAey in Fact (Signal r of Attomey-in-Fact for Surety) (Attach Attorney-in-Fact Certrscate) (21 3)612-5574 (Area Code&Telephone Number for Surety) APPROVED AS TO FJdW'„T ,`Michael E.Gates,City Attorney { Note: This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. PERFORMANCE BOND Page 2 of 2 15-4584/117174 CALIFORNIA ALUPURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles before tire, A. Henderson ,Notary Public, t (Here insert name and title of the officer) personally appeared Curtis P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) isW subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/jhe /t1If authorized capacity(ies), and that by his/tignature(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. TNESS my an an hand d official seal. A.HENDERSON ``• COMM.#2170176 m _ Notary Public-California II ,/ LOS ANGELES COUNTY LL �! (Notary Seal) My Comm.Expires Oct 31,2020 Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF TBE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attaphed to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) 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 (Title or description of attached document continued) 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 Number of Pages Document Date 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. (Additional information) • 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. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they-is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover tent or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other 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). oecwe y attach this document to the signed document C 2004-2015 ProLink Signing Service,Inc.-All Rights Reserved www.TheProLinkcom-Nationwide Notary Service ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On September 22, 2017 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(*) whose name() isIffre subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity0wo, and that by his/signature(-&) on the instrument the person), or the entity upon behalf of which the person(") acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. N ' `°'rhF,J DEBRASVVANSON W COMM. #2170759 X ® NOTARY PUBX-CAVORNIA ORANGE COUNTY N °�uran^ MY COMM.EXR NOV 10,2020 Signature ��, �. .� r� T_ (Seal) Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 cNUBe Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California---------------------------------------------------------- each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December,2011. Ile/ Kenneth C.Wendel,Assistant Secretary .Norris,Jr.,Vice President STATE OF NEW JERSEY ss. County of Somerset On this 16th day of December, 2011 before me,a Notary Public of New Jersey,personally came Kenneth C,Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority,and that he is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B.Norris,Jr.,subscribed to said Power of Attorney!s in the genuine handwriting of David B. Norris,Jr.,and was thereto subscribed by authority of said By- Laws and in deponent's presence. Notarial Seal S.AQ KATHERINE IADELAAR c `� NOTARY PUBUC OF NEW JFRSFI Ne,23166B5 9:2 — v' Comminion Expires July 14,2014 PVC c� Notary Public CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President,any Assistant Vice President,any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the'Companies")do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department,further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect Given under my hand and seals of said Companies at Warren,NJ this 22nd day of September, 2017. �OIANt' 81S FS\�` bpW Wpk- Kenneth C.We el,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656 e-mail: surety@chubb.com Form 15-10-022513-U (Ed.5-03) CONSENT PAYMENT BOND (LABOR AND MATERIALS) Bond No.8245-25-75 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach(hereafter referred to as"City")has awarded to PALP Inc.dba Excel Paving Company 2230 Lemon Avenue Long Beach CA 90806 (name and address of Contractor) (hereinafter referred to as"Principal'),a contract("Contract')for the work described as follows: PD Parking Lot Expansion Project#CC 1556 (Project Title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to fumish a bond to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety"); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies,such as from A.M.Best, Moody's or Standard&.Poor's,to validate that Surety has positive ratings of being secure or stable;and Surety is registered and listed with the California Department of Insurance. NOW THEREFORE,we,the undersigned Principal, and Federal Insurance Company 15 Mountain View Rd.,Warren,NJ 07059 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of One hundred four thousand three hundred fifty seven and 00/100 dollars($ 104,357.00 },this amount being not less than one hundred percent(100%)of the total price set forth in the Contract,in lawful money of the United States of America,for the payment of which sum,well and truly to be made,we bind ourselves,and each of our heirs, executors, administrators,successors,and assigns,jointly and severally,firmly by these presents. THE CONDITION.OF THIS OBLIGATION IS SUCH THAT,if the Principal,his,her,or its heirs,executors, administrators,successors or assigns;or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code("Claimants")for all labor,materials or services used or reasonably required for use in performance of the work described in the Contract,or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant,or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted,withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract,Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. PA�'NIENT BOND Page 1 of 2 1 5-4584/1 1 7357 Surety stipulates and agrees,for value rertived,that no change,extension of time, alteration, addition or modification to the terms of the Contract,or any contract document or any work to be performed thereunder,whether made after notice or not,shall in any way affect,impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, extension of time,alteration,addition,or modification to the terms of the Contract,the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code§§ 2845 and 2849. IN WITNESS WHEREOF,each party represents and warrants that this instrument has been duly executed by Principal and Surety,.on the date set forth below,that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duty authorized pursuant to the authority of its governing body. Surety,by execution of this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated:September 22,2017 ATTEST PALP Inc.dba Excel Paving Company (Corporate Seal) (Principal Name) By: J" N e; fl Title: ATTEST Federal Insurance Company (Corporate Seal) (Surety Name) i3 Name:Dou I s A.Rapp,AtttrFey in Fact (Sign t r-^f Attorney-in-Fact for Surety) (Attach Attorney-in-Fact Certificate) (213)612-5574 (Area Code&Telephone Number for Surety) APPROVED AS TLYFM: BY: �� � Midhael E.Gates,"t;ityAttorney t: Note: This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. PAYI\dE-NTT BONTD Page 2 of 2 15-0584i ll 7357 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles 1 A. Henderson Notary Public before rite, > (Here insert name and title of the officer) personally appeared Curtis P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) isW subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ F/tl authorized capacity(ies), and that by his/ ,Wt�ignature(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. W�TNESS my hand and official seal. emy A.HENDERSON COMM.#2170176 M (� Notary Public-California t r LOS ANGELES COUNTY IL h / t, `b-` (Notary Seal) Comm.Expires Oct 31,2020 Signatrre of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT 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 (Title or description of attached document) 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 (Title or description of attached document continued) 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 Number of Pages Document Date 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. (Additional information) • 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. CAPACITY CLAIlIED BY TBE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/they,is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer . The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other 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), I Securely attach this docuilic;,L w tht signeu-uocun,ent C 2004-2015 ProLvd<Signing Service,Inc.-All Rights Reserved w .TheProLvdccom—Nationwide Notary Service ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On September 22, 2017 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(�e) whose name(e) iskiR� subscribed to the within instrument and acknowledged to me that hem executed the same in his it authorized capacity, and that by his/NeWbWeiosignature(%) 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. N OF DEBRASWANSON WITNESS m hand and official seal. COMM. #2170759 Y W w g NOTARY PUBLIC•CkUFORN1A ORANGE COUNTY N MY COMM,EXP,NOV 10,2020 Signature ,�L,� v�:, ,�� (Seal) Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant insurance Company 15 Mountain View Road ML Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 caauBe Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California----------------—--------------------------------------- each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations, In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December, 2011. Kenneth C.Wendel,Assistant Secretary . �Vic-ent STATE OF NEW JERSEY ss. County of Somerset On this 16th day of December, 2011 before me,a Notary Public of New Jersey,personally came Kenneth C,Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attomey as Assistant Secretary of said Companies by like authority;and that he is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B. Norris,Jr.,subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr.,and was thereto subscribed by authority of said By- Laws and in deponent's presence. .Notarial Seal S.AOc KATHERINE J.ADELAAR `� NOTARY PUBUC OF NEW JFRSFI Ne,2316665 12' 8�-�G Commission Expiras JUIy 16,2014 PU a� Notary Public CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President, inintly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President,any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I,Kenneth C.Wendel.Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the"Companies")do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Warren,NJ this 22nd day of September,2017. t 5 �OrANP Y. + ytrsxt`� u�4fw YpPI I Kenneth C.We el,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656 e-mail: surety@chubb.com Form 15-10-0225B-U (Ed.5-03) CONSENT 9/28/2017 Company Profile b• if fi��'i COMPANY PROFILE Company Profile Company Search Company Information Company Search Results FEDERAL INSURANCE COMPANY Company 202E HALL'S MILL ROAD Information WHITEHOUSE STATION, NJ 08889 Old Company 800-252-4670 Names Agent for Service Old Company Names Effective Date Reference Information NAIC Group List Agent For Service Lines of Business Vivian Imperial Workers' 818 WEST SEVENTH STREET Compensation SUITE 930 Complaint and LOS ANGELES CA 90017 Request for Action/Appeals Contact Information Reference Information Financial Statements PDF's NAIC #: 11 20281 Annual Statements California Company ID #: 0059-6 Quarterly Statements Date Authorized in California: 12/18/1902 Company Complaint License Status: UNLIMITED-NORMAL Company 1 Performance& Company Type: Property &Casualty Comparison Data Company State of Domicile: INDIANA Enforcement Action Composite back to top Complaints Studies Additional Info Find A Company NAIC Group List Representative In Your Area View Financial NAIC Group #: 0626 Chubb Ltd Grp Disclaimer Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=2652 1/2 9/28/2017 Company Profile SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION back to top © 2008 California Department of Insurance https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=2652 2/2 9/28/2017 Surety Bonds-Certified Companies Evergreen National Indemnity Company(NAIC#12750) BUSINESS ADDRESS:6140 PARKLAND BLVD, STE 321, MAYFIELD HEIGHTS,OH 44124.PHONE:(440) 229-3420. UNDERWRITING LIMITATION b/:$3,328,000.SURETY LICENSES c,f/:AL,AK,AZ,AR, CA, CO, CT, DE, DC, FL, GA, ID, IL, IN, IA, KS, KY,LA, ME, MD,MA, MI, MN, MS, MO, MT, NE,NV, NH, NJ, NM, NY, ND, OH, OK,OR, PA, RI,SC,SD,TN,TX,UT,VT,VA,WA,WI,WY. INCORPORATED IN:Ohio. Executive Risk Indemnity Inc.(NAIC#35181) BUSINESS ADDRESS:202E Hall's Mill Road,Whitehouse Station,NJ 08889.PHONE:(908)903-2000. UNDERWRITING LIMITATION b/:$125,097,000. SURETY LICENSES c,f/:AL,AK,AZ,AR, CA,CO,DE,DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV,NH,NJ, NM, NY NC,ND, OH,OK,OR,PA, RI,SC,SD,TN,TX, UT,VT,VA,WA,WV,WI,WY.INCORPORATED IN: Delaware. Explorer Insurance Company(NAIC#40029) BUSINESS ADDRESS: P.O.BOX 509039,SAN DIEGO,CA 92150. PHONE: (858)350-2400 x-2550. UNDERWRITING LIMITATION b/:$12,506,000.SURETY LICENSES c,f/:AZ, CA,CO,CT, DE, HI, ID, IL, IN, IA, MD, MA, MI, MS, MT, NV, NJ,NM,OR, PA,TN,TX, UT,VT,VA,WA,WV. INCORPORATED IN:California. t Back To Too F Fair American Insurance and Reinsurance Company(NAIC#35157) BUSINESS ADDRESS:One Liberty Plaza, 165 Broadway,New York, NY 10006.PHONE:(212)365-2200, UNDERWRITING LIMITATION b/:$18,767,000.SURETY LICENSES c,f/:AL,AK,AZ,AR,CA,CO, CT, DE, DC, FL,GA, HI, ID, IL,IN, IA,KS, KY,LA, ME, MD, MA,MI,MN, MS,MO,MT,NE,NV, NH, NJ, NM, NY, NC, ND, OH,OK,OR, PA, RI, SC,SD,TN,TX,UT,VT,VA,VI,WA,WV,WI,WY. INCORPORATED IN:New York. Farmers Alliance Mutual Insurance Company(NAIC#19194) BUSINESS ADDRESS: P.O.Box 1401, McPherson, KS 67460. PHONE:(620)241-2200. UNDERWRITING LIMITATION b/:$16,903,000. SURETY LICENSES c,f/:CO, ID, IA, KS, MN, MO, MT,NE,NM,ND,OK, SD. INCORPORATED IN:Kansas. Farmington Casualty Company(NAIC#41483) BUSINESS ADDRESS:ONE TOWER SQUARE, HARTFORD,CT 06183.PHONE:(860)277-0111. UNDERWRITING LIMITATION b/:$28,949,000.SURETY LICENSES c,f/:AL,AK,AZ,AR, CA, CO, CT, DE, DC, FL,GA, HI, ID, IL, IN, IA, KS, KY, LA, ME,MD, MA,MI,MN, MS,MO, MT, NE, NV,NH, NJ, NM, NY,NC, ND,OH,OK, OR, PA, RI,SC,SD,TN,TX,UT,VT,VA,WA,WV,WI,WY. INCORPORATED IN:Connecticut. Farmland Mutual Insurance Company(NAIC#13838) BUSINESS ADDRESS:ONE WEST NATIONWIDE BLVD., 1-04-701,COLUMBUS,OH 43215-2220.PHONE: (515)508-3300. UNDERWRITING LIMITATION b/:$17,138,000. SURETY LICENSES c,f/:AL,AZ,AR,CA, CO, DE, DC, FL,GA, ID, IL, IN, IA, KS, KY MD, MI, MN, MS, MO,MT,NE,NV, NC, ND,OH,OK,OR,PA, SC, SD,TN,TX, UT,VA,WA,WV,WI,WY. INCORPORATED IN: Iowa. FCCI Insurance Company(NAIC#10178) BUSINESS ADDRESS:6300 University Parkway,Sarasota, FL 34240-8424. PHONE:(800)226-3224. UNDERWRITING LIMITATION b/:$52,569,000.SURETY LICENSES c,f/:AL,AZ,AR,CO, DC, FL,GA, IL, IN, IA, KS, KY, LA, MD, MI, MS, MO,NE,NC,OH, OK, PA,SC,TN,TX,VA. INCORPORATED IN: Florida. Federal Insurance Company(NAIC#20281) BUSINESS ADDRESS:202E Hall's Mill Road,Whitehouse Station, NJ 08889. PHONE:(908)903-2000. UNDERWRITING LIMITATION b/:$1,000,918,000. SURETY LICENSES c,f/:AL,AK,AZ,AR,CA,CO,CT,DE, DC, FL, GA, GU, HI,ID,IL, IN, IA,KS, KY,LA, ME, MD,MA, MI, MN,MS, MO,MP, MT,NE, NV, NH, NJ, NM, NY,NC, ND, OH,OK,OR, PA,PR, RI, SC, SD,TN,TX, UT,VT,VA,VI,WA,WV,WI,WY. INCORPORATED IN: Indiana. FEDERATED MUTUAL INSURANCE COMPANY(NAIC#13935) BUSINESS ADDRESS: 121 EAST PARK SQUARE,OWATONNA, MN 55060. PHONE:(507)455-5200. UNDERWRITING LIMITATION b/:$309,410,000. SURETY LICENSES c,f/:AL,AK,AZ,AR, CA,CO,CT, DE, DC, FL, GA, ID, IL, IN, IA, KS, KY,LA, ME, MD, MA,MI,MN, MS,MO,MT,NE, NV, NH, NJ, NM, NY,NC, ND, OH, OK,OR,PA, RI, SC, SD,TN,TX, UT,VT,VA,WA,WV,WI,WY.INCORPORATED IN: Minnesota. Fidelity and Deposit Company of Maryland(NAIC#39306) BUSINESS ADDRESS: 1299 ZURICH WAY,5TH FLOOR,SCHAUMBURG, IL 60196-1056. PHONE: (847) 605-6000. UNDERWRITING LIMITATION b/:$14,504,000.SURETY LICENSES c,f/:AL,AK,AZ,AR,CA,CO, CT, DE, DC, FL, GA,GU, HI, ID, IL, IN, IA, KS, KY,LA, ME,MD, MA,MI,MN, MS,MO,MP, MT, NE,NV, NH, NJ, NM,NY,NC,ND, OH,OK, OR, PA,PR, RI, SC, SD,TN,TX, UT,VT,VA,VI,WA,WV,WI, WY. INCORPORATED IN:Maryland. FIDELITY AND GUARANTY INSURANCE COMPANY(NAIC#35386) BUSINESS ADDRESS:One Tower Square, Hartford,CT 06183. PHONE:(860)277-0111. UNDERWRITING LIMITATION b/:$1,920,000.SURETY LICENSES c,f/:AL,AK,AZ,AR, CA, CO,CT, DE, DC, FL,GA, HI, ID, IL, IN, IA, KS, KY,LA,ME,MD, MA,MI, MN, MS, MO,MT, NE, NV, NH, NJ, NM, NY, NC, ND,OH, OK,OR, PA, RI, SC, SD,TN,TX, UT,VT,VA,WA,WV,WI,WY.INCORPORATED IN: Iowa. Fidelity and Guaranty Insurance Underwriters,Inc.(NAIC#25879) BUSINESS ADDRESS: One Tower Square,Hartford,CT 06183. PHONE: (860)277-0111. UNDERWRITING LIMITATION b/:$9,000,000.SURETY LICENSES c,f/:AL,AK,AZ,AR,CA,CO,CT, DE, DC, F Translate hops://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570_a-z.htm#f 8/23 City of Huntington Beach ,_ emu xp, 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov s e i ^FFB�U,1909,P�. Office of the City Clerk Robin Estanislau, City Clerk October 5, 2017 Excel Paving Company Attn: Curtis P. Brown III 2230 Lemon Avenue Long Beach, CA 90806 Re: P. D. Parking Lot Expansion — CC-1556 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517. Sincerely, 0� Robin Estanislau, CIVIC City Clerk RE:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister Cities: Anio, Japan ♦ Waitakere, New Zealand Dept. ID 17-045 Page 1 of 2 Meeting Date: 8/21/2017 /9ppa vnd�l 10- I A16) CITY OF HUNTINGTON BEACH Fs;_ REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/21/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Award and authorize execution of a construction contract with Palp, Inc. DBA Excel Paving Company in the amount of$104,357.00 for the Police Department Parking Lot Expansion Project, CC-1556; and, approve an appropriation in the amount of$110,000 and authorize up to 15% in construction change orders Statement of Issue: On July 18, 2017, bids were opened for the Police Department Parking Lot Expansion Project, CC- 1556. City Council action is requested to award the construction contract to Palp, Inc. DBA Excel Paving Company, the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of $40,000 are available in General Fund account 10040314.82400. An appropriation of$110,000 from the Capital Improvement Reserve General Fund Balance is requested. Recommended Action: A) Appropriate $110,000 from undesignated Capital Improvement Reserve General Fund to General Fund account 10040314.82400; and, B) Accept lowest responsive and responsible bid submitted by Palp, Inc. DBA Excel Paving Company in the amount of $104,357; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, D) Authorize the Director of Public Works to approve up to fifteen percent (15%) in construction change orders. Alternative Action(s): Reject all bids and provide staff with an alternative direction. Analysis: The City's Police Department is in need of expanding the secured parking lot used by their officers at the Civic Center. The expansion is required to meet the current need of providing a safe environment for officers as they transition from their private vehicle to their assigned city vehicle. The expansion will provide 35 additional spaces to meet this need, In addition, the existing manual gate located at Main Street will be automated and used at night to reduce the noise impacts to the adjacent residents. The project has been reviewed and approved by the Design Review Board and the Planning Commission. The bids were publically opened on July 25, 2017. The verified bid amounts are listed below: HB -159- Item 14. - I Dept. ID 17-045 Page 2 of 2 Meeting Date: 8/21/2017 Bidding Contractor Base Bid Verified Bid Palp, Inc. DBA Excel Paving Co. $104,357.00 $104,357.00 NPG, Inc. $155,889.20 $155,889.20 Haitbrink Asphalt Paving, Inc. $159,627.50 $159,627.50 All American Asphalt $170,799.42 $170,799.42 Palp, Inc. DBA Excel Paving Co. has performed well on previous City projects, therefore staff recommends award of the construction contract in the amount of $104,357.00. The total estimated project cost is $150,000 which includes the construction contract, project management, construction contingency and other supplemental expenses, including installation of an automated gate by others. Public Works Commission Action: The Public Works Commission reviewed and approved the project on June 21, 2017, with a vote of 7-0. Environmental Status: The project is categorically exempt pursuant to Class 1, Section 15301 of California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Location Map Item 14. - 2 HB -1 60- LOCATION MAP Yorktown Ave. Civic Center h High SchoolP i i a i �s Parking Lot Expans x June 5, 2017 1:3,000 0 0.0225 0.045 0.09 mi 0 0.0275 0.055 0.11 km HB -161- Item 14. - 3 RECEIVED 2017 JUL 25 PM 2= 0 CITY CLERK CITY OF 'HUNTINGTON BEA U- Q c �0-1 �= Nc CCU-m ? cL_ L"0z U7 U>-O0 C'J >-N 0 o av 01 Q L 4 ui Cc � Ei U) U O V N W N U cr "7 U „~ J N { �V39 N019N11N(l�i J0 ,lil0 'AM310 1,ilO LS :1 Nd SZ IN LID? C13A13038 CITY OF HUNTINGTON BEACH P.D. Parking Lot C.C. NO. 1556 BID OPENING DATE: JULY 18, 2017 TIME: 2:00 PM ENGINEER'S ESTIMATE: S80,000 BIDS SUBMITTED (AS READ AT OPENING) NO. � >QpR'S111AM fANNf APPARENT IF3D AMQUNT 1 All American Asphalt 2 AMPOWER 3 Ben's Asphalt, Inc. 4 Calpromax Engineering Inc. 5 CT&T Concrete Paving, Inc. 6 El Camino Asphalt Paving Corp 7 Excel Paving 8 Haitbrink Asphalt Paving, Inc. 9 J. CARDENAS INC. 10 Minco Construction 11 NPG, Inc. 12 R.J. Noble Company 13 Vido Samarzich, Inc. 14 15 16 17 18 19 20 21 22 Bid Opening Worksheet.xlsx SECTION A NOTICE INVITING SEALED BIDS for the construction of P.D. PARKING LOT EXPANSION CC No. 1556 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on July 18, 2017. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a$40.00 nonrefundable fee if sent by UPS ground delivery(bidder shall pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY website. http://www.huntingtonbeachca.�zov/government/departments/public works/Bids/ Open website, then click on "Current Advertised Projects"tab. 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 Ad41097044 6 Bunn Dates 6/29, 7/6 & 7/13 Cost $918 PROOF 3 SECTION A NOTICE INVITING SEALED BIDS for the construction of P.D. PARKING LOT EXPANSION CC No.1SS6 in the C I TY OF H U N TI NGTON BEACH TINIGQ B S HF��t YYGIYF�N that the CjTY{�F FUN- , as C , uivi es sealed bi s for he a ove stated proiects and will receive such bids in the office of the City Clerk, Second Floor, 2000Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.m.on July 18, 2017. Bids wil I be publicly opened in the Council Chambers u n I ess o the m,Ise 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 oV a $23.00 nonrefundable fee if picked up,or payment of a fa 00 nonrefundable fee if sent byY UPS ground delivery (bidder shalt pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY website. h fR:6)Uww,huntinatonbeachca.povrQovernment?departmentslpubli . wore _ pert vre si e,then click on-Current Advertised Projects-tab. 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 Di- rector of Industrial Relations of the State of California which are on file at the Office of the Director of Public Works, 2006 Main Street, Huntington Beach, CA92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor maysubstitute an escrow holdersurel' of equal value to the retention in accordance with the provisions of the Public Con- tract Code, Section 10263.The Contractor shall be beneficial owner of the suretyand shall receiveany interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in re- sponse to this notice andwill not be discriminated againston 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 Pro- mineforms by the AGENCY The with d muslt}beraccompan ed byraacserdtif ed check, cashiers check, or bidders bond made payable to the AGEN- CY for an amount no less than 10%of the amount bid.The successful bidder shall be licensed in accordance with provisions of the Busi- ness and Professions Code and shall possess a State Contractors Li- cense C lass A at the time of the bid opening. The successful Contrac- tor and his subcontractors will be required to possess business licens- es 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 wil I govern. Proied Description: The project consists primarily of expansion of the existing secured Police Department parking lot located at the Civic Center,2000.Main Street. A Mandrry Pre-BI� IteCWolk wil I be held on JUIY 6 2017 ,jo8-00 am. mee ing outside o he ouncil Chambers at the Civic Center, 2000 Main Street. This site is a secured area and the purpose of the meeting is only to allow contractors access for a site visit. Contrac- tors will be required to sign in and must be present at the time listed. Upon the group entering the site, access will be closed and no addi- tional admittance will be allowed. All questions will need to be sub- mitted in writing, via email, and will not be answered at the time of the meeting. The contract shall allow the Contractor 30 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 maxi- mum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH CALIFORNIA, the6th day of September2016,by Resolution No.2016-Ss. Attest: rslRobin Estanislau CITY CLERK OFTHE CITY OF HUNTI NGTON BEACH Publish:The Huntington Beach WaveJune 29,JUly6, 13, 201710970446 4 Esparza, Patty From: Fuentes, Joe Sent: Monday, July 17, 2017 2:17 PM To: Esparza, Patty Cc: Broussard, Todd; Whitely, Paul Subject: Emailing: Addendum No. 2 Attachments: Addendum No. 2.pdf Patty, Attached is Addendum No. 2, dated July 17, 2017. The Bid date for CC-1556, P.D. Parking Lot Expansion has been moved to Tuesday, July 25, 2017 at 2:00 P.M. Let me know if you have any questions. Thanks! Joe Fuentes City of Huntington Beach Department of Public Works (714) 536-5259 Your message is ready to be sent with the following file or link attachments: Addendum No. 2 Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO for P.D. PARKING LOT EXPANSION CC No. 1556 July 17, 2017 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) ALL REFERENCES TO THE DATE BIDS ARE DUE ARE HEREBY CHANGED TO "JULY 25, 2017." ATTACHED TO THIS ADDENDUM ARE AN UPDATED COVER SHEET AND PAGE A-1 OF THE PROJECT SPECIFICATIONS. 2) THE BIDS ARE DUE TO THE CITY CLERK UP TO THE HOUR OF 2:00 PM ON JULY 25, 2017. This is to acknowledge receipt and review of Addendum Number Two, dated July 17, 2017. Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at(714) 536-5431. CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the construction of P.D.PARKING LOT EXPANSION CC No. 1556 in the CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: July 25,2017 2:00 pm,2nd FLOOR City Clerk's Office TRAVIS K. HOPKINS,DIRECTOR DEPARTMENT OF PUBLIC WORKS SECTION A NOTICE INVITING SEALED BIDS for the construction of P.D. PARKING LOT EXPANSION CC No. 1556 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on July 25, 2017. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a$40.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY website. http://www.huntinjztonbeachca.gov/government/departments/public works/Bids/ Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied A-1 I UNSUCCESSFUL BIDS CC- 1556 P.D. Parking Lot Expansion City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov fEe: po : Office of the City Clerk i7,1g69 Robin Estanislau, City Clerk October 10, 2017 All American Asphalt P.O. Box 2229 Corona, CA 92879-2229 RE: P.D. Parking Lot Expansion - CC-1556 Enclosed please find your original bid bond for CC-1556. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the construction of P.D. PARKING LOT EXPANSION CC No. 1556 in the CITY OF HUNTINGTON BEACH #a46 JJ 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: July 25, 2017 2:00 pm, 2nd FLOOR City Clerk's Office TRAVIS K. HOPKINS, DIRECTOR DEPARTMENT OF PUBLIC WORKS SECTION A NOTICE INVITING SEALED BIDS for the construction of P.D. PARKING LOT EXPANSION CC No. 1556 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on July 25, 2017. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $40.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY website. http://www.huntingtonbeachca.gov//government/departments/public works/Bids/ Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied A-1 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For P.D. Parking Lot Expansion Project CC NO. 1556 in the CITY OF HUNTINGTON BEACH July 13, 2017 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. SECTION C, Page C10, Bidders Project History Omit "ROMTEC" modular construction building from first paragraph. This is to acknowledge receipt and review of Addendum Number One, dated July 13, 2017. Company Name By waf-d3,Crlr.�v�ce� :C T ►�IT Dam, All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. i City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO for P.D. PARKING LOT EXPANSION CC No. 1556 July 17, 2017 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) ALL REFERENCES TO THE DATE BIDS ARE DUE ARE HEREBY CHANGED TO "JULY 25, 2017." ATTACHED TO THIS ADDENDUM ARE AN UPDATED COVER SHEET AND PAGE A-1 OF THE PROJECT SPECIFICATIONS. 2) THE BIDS ARE DUE TO THE CITY CLERK UP TO THE HOUR OF 2:00 PM ON JULY 25,2017. This is to acknowledge receipt and review of Addendum Number Two, dated July 17, 2017. Company Name By 7 �l(S';'t���cC► Qre$�C��� Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at(714)536-5431. SECTION C PROPOSAL for the construction of P.D. PARKING LOT EXPANSION CC No. 1556 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 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will re-advertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. C-1 r � Accompanying this proposal of bid, find 10% Bidder's Bond in the amount of which said amount is not less than 10%of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond 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 Bid r8 i nature �' 3 l -- PROJECT BID SCHEDULE Bid Contract Unit Extended No Description „ Quantity. .. Uni Price, Amount'% �. SAWCUT& REMOVE EXISTING IMPROVEMENTS TO A 1 DEPTH OF UP TO 7"TO ACCOMMODATE NEW 11,700 SF $ S e y $ (_0 PARKING. 2 INSTALL 8' HIGH CHAIN LINK FENCE WITH PRIVACY 325 LF $ -1 5— $ 2LIi?J�� SCREEN AND CONCRETE PERIMETER BASE. 3 CONSTRUCT 6" PCC CURB 60 LF $ °I .5Q $�q10 4 CONSTRUT 3"AC OVER 4"AB 11,700 SF $ 3-9 1 - $ 5 5 PAINT 4"WHITE STRIPE 41 STALL $ ( ez-V $�� SS C), 6 MOBILIZATION 1 LS $ BASE BID (BASIS OF AWARD) Total Amount Base Bid in Figures: $ -1 11 y Z Total mount Base Bid in Words: n 1n This Section identifi s potential change in the work under consideration for this contract. The Owner reserves the right to accept any or all of the listed Additive Bid Items, regardless of the order of their listing. ADDITIVE BID ITEMS Contract Unit..,,. . %'Exfended Nb Deserip#ion Quanti Unit.,. Price .. Amount Al CRACK SEAL, SLURRY AND STRIPE EXISTING SOUTH PARKING LOT 16,700 SF $ _ $ I Z A2 CRACK SEAL, SLURRY AND STRIPE EXISTING NORTH 46,000 SF $ o�Cp $�`j�C) FPARKING LOT r , A3 CRACK SEAL, SLURRY AND STIRPE EXISTING DRIVES 7,700 SF $ C-2 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) Subcontractor License Number Amount Contract Number SjRI� cxasp CO. A32 IOZc�� Io0W0a3 , P�tf 122�0 S, t tUG AcU2 L660 CP f. 1 Pay ha V s `fir Sex Gam. C2-7 l ooaoo 1 Z RA(i)W tQfl& co. 2 �2� C-�t M,�- q9 �1 cis 9,�2S 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 th*ate e of California that the foregoing is true and correct and that this declaration is executed on , at �,N , City State Edward J. Carlson , being first duly sworn, deposes and says that he or she is Vice President of All American Asphalt 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. All American Asphalt Name of Bidder Signature ofBidderiQu,3rd j(1),&.,,v;"7,-es�-I(A - 400 East Sixth Street, Corona, CA 92879 Address of Bidder C-4 CALIFORNIA JURAT GOV CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this 14th day of July 2017, Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me o ADONNNA THORNE : Commission #2067768 z �=.s z Riverside County p Notary Public -California D idenno o My Comm. Expires Jun 7, 2018 f �rA4ed-fe rne-e�the--faasis-ef tmsfalatery �ev. �TT,� o� he the ner�nn ��ihn �nnonrcrl hofnrc me \ be •., pe Frv.. who appeared .tee._._ ..._.� Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document RIGHT THUMBPRINT RIGHT THUMBPRINT OF SIGNER OF Title or Type of Document: Noncollusion Affidavit op o umm here op o Ihum ere Document Date: 7/14/17 No. of Pages: 1 Signer(s)Other Than Named Above: None 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 P.D. PARKING LOT EXPANSION, (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. All American Asphalt Contractor By Edward J. Carlson, Vice President Title Date: f C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Governinent 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 allo If the answer is yes, explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. All American Asphalt Contractor By Edward J. Carlson, Vice President Title Date: C-7 c BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: All American Asphalt Bidder Name 400 East Sixth Street Business Address Corona CA 92879 City, State Zip (951 ) 736-7600 publicworks@allamericanasphalt.com Telephone Number Email Address 267073, A, C-12 State Contractor's License No. and Class 1/19/71 Original Date Issued 1/31/18 Expiration Date The work site was inspected by Brian Anselm of our office on July 7th , 201+. -F© The following are persons, firms, and corporations having a principal interest in this proposal: All American Asphalt, Corporation Mark Luer, President Edward J. Carlson, Vice President Michael Farkas, Secretary C-8 y The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. All American Asphalt Company Name Signature o Bidder Edward J. Carlson, Vice President Printed or Typed Signature Subscribed and sworn to before me this l day of �1 , 2011 . 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 1: fIr'ruo�- ) County of ]C 11l�iVS�Q ) On 14 before me,Dorm ! �-Ol'f O&� a✓' Pti61/L Mont , Day, and Year insert Name and Title f Notary personally appeared Edward T (Qr1:50!ti 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. DONNA THORNE Commission #2067768 WITNESS my hand and official seal. i -. Notary Public- California z Z '' Riverside County My Comm. Expires Jun 7, 2018 Signature a- Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 � 3 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of at least one project involving the install ation/construction of a "ROMTEC" modular construction building. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. *Please See Attached* Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-10 "2016" PAST WORK REFERENCES City of Riverside 2014/2015 Preservation and Maintenance 3900 Main St. Contract Amount: $3,400,725.00 Riverside, CA 92501 Start: 01/2016 Contact: Steve Howard, (951)826-5708 Completed: 06/2016 City of Rancho Santa Margarita Annual Residential Overlay 2212 El Paseo Contract Amount: $245,190.00 Rancho Santa Margarita, CA 92688 Start: 01/2016 Contact: Max Maximous, (949)635-1800 Completed: 09/2016 City of Diamond Bar Grand Ave. Beautification Project 21810 Copley Drive Contract Amount: $1,939,000.00 Diamond Bar, CA 91765 Start: 08/2015 Contact: Kimberly Young, (909) 839-7044 Completed: 05/2016 City of Bell Florence Avenue Overlay 6330 Pine Avenue Contract Amount: $643,000.00 Bell, CA 90201 Start: 04/2016 Contact: Dahi Kim, (323)923-2628 Completed: 09/2016 Department of Transportation Route l 1 1, Contract No. 08-1C4604 72-800 Dinah Shore Dr. Ste. 104 Contract: $1,536,207.00 105 Palm Desert, CA 92211 Start: 04/2016 Contact: Khoi Vu, (951) 232-6263 Completed: 09/2016 Department of Transportation Route 73, Contract No. 12-OM1 104 3251 '/4 University Dr. Trailer No. 2 Contract Amount: $1,545,163.00 Irvine, CA 92612 Start: 4/2015 Contact: Peter Shieh, (949)279-8636 Completed: 07/2016 City of Victorville Bear Valley Road Reconstruction 14343 Civic Drive Contract Amount: $2,611,215.00 Victorville, CA 92392 Start: 04/2016 Contact: Bruce Miller, (760) 269-0045 Completed: 07/2016 { City of Perris 41h Street Improvement Project 101 N. D Street Contract Amount: $545,680.00 Perris, CA 92570 Start Date: 03/2016 Contact: Brad Brophy, (951)943-6504 Completed: 07/2016 City of Palos Verdes Estates FY 15-16 St. Resurfacing& Slurry Seal Project 340 Palos Verdes Drive West Contract Amount: $876,455.00 Palos Verdes Estates, CA 90274 Start: 1 1/2015 Contact: Ken Rukavina, (310)378-0383 Completed: 06/2016 City of Newport Beach Corona Del Mar Entry Improvements 100 Civic Center Drive Contract Amount: $497,497.00 Newport Beach, CA 92660 Start Date: 02/2016 Contact: Alfred Castanon, (949)644-3314 Completed: 05/2016 City of Newport Beach Cameo Shores Pavement Reconstruction 100 Civic Center Drive Contract Amount: $3,363,363.00 Newport Beach, CA 92660 Start Date: 06/2016 Contact: Frank Tran, (949)644-3340 Completed: 12/2016 City of Aliso Viejo Pacific Park Rehab.-Chase to 73 Fwy 12 Journey, Suite 100 Contract Amount: $633,633.00 Aliso Viejo, CA 92656 Start Date: 10/2016 Contact: Chris Tanio, (949)425-2531 Completed: 12/2016 "2015" PAST WORK REFERENCES City of Hawthorne Hawthrone Blvd Reconstruction 4455 W. 162nd Street Contract Amount: $12,579,000.00 Hawthorne, CA 90250 Start: 4/2014 Contact: Heecheol Kwon, (310) 349-2980 Completed: 5/2015 City of Inglewood Florence Ave One Manchester Blvd, 3rd Floor Contract Amount: $2,639,000.00 Inglewood, CA 90301 Start: 4/2015 Contact: Hunter Nguyen, (310) 412-4252 Completed: 10/2015 County of Ventura Pavement Resurfacing, Phase II 800 S. Victoria Ave Contract Amount: $2,401,970.00 Ventura, CA 93009 Start: 4/2015 Contact: Jeewoong Kim, (805) 654-3987 Completed: 10/2015 City of Montclair Northeast Montclair Street Rehabilitation 5111 Benito Street Contract Amount: $514,150.00 Montclair, CA 91763 Start: 4/2015 Contact: Steve Stanton, (909) 625-9444 Completed: 7/2015 Riverside County Transportation Commission Route 74 Widening 4080 Lemon Street, 3rd Floor Contract: $1,970,004.00 Riverside, CA 92501 Start: 4/2014 Contact: Bill Seitz, (949) 300-9132 Completed: 7/2015 City of Riverside 2014/15 Arterial Streets 3900 Main Street Contract Amount: $1,683,076.00 Riverside, CA 92501 Start: 4/2015 Contact: Steve Howard, (951) 826-5708 Completed: 9/2015 Long Beach Unified School District Garfield Elementary School Pavement 2201 E. Market Street Contract Amount: $1,976,508.00 Long Beach, CA 92805 Start: 6/2015 Contact: Nancy Chinchilla, (562) 997-7513 Completed: 11/2015 2014" PAST REFERENCES City- of FullerLon Yorba Linda Blvd Reconstruction 303 W. Commonweal lh Ave Contract Amount: S1.346.000.00 Fullerion CA 92832 Start: 7i2014 Contract: Completed: 11/2014 Port of Lone Beach 2013 Roadwav Maintenance and S1.um7 4801 Airport Plaza Drive Contract .amount: 5992,000.00 Long Beach. CA 90815, Start: 6/2014 Contact: Lincoln Lo (�6=) 283-7 000 Completed: 10!2014 City of Beverly Hills 2012-2013 Street Resurfacinz 455 N. Rexford Drive Contract Amount: S2.970.000 Beverly Hills. CA 90210 Start: 7/2013 Contact: Mark Cuene (3101 28�-2 Z,7 Completed: 5%2014 Cite of 3urupa�,"alley 2-012-13 Pavement Rehabilitation 12363 Limonite Ave Contract _amount: S970,000 Riverside. Ca 92507 Start: 5,12013 Contact: Michael Mvers; (951) 332-6464 Completed: 12/20131 City of Santa .Ana Bristol Street Rehabilitation 20 Civic Center Contract Amount:- S6.95-1,475 Santa Ana. CA 92701 Start: 3/201-3, Contact: Kurt Weimann; (714) 647-5639 Completed: 12/2014 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. Brian Anselm, Project Manager Name of proposed Project Manager Telephone No. of proposed Project Manager: 951-736-7600 Ontario P.D. Headquarters Parking Lot $54,580.25 Paving and Slurry 12/2015 Project Name & Contract Amount Type of Work Date Completed Slurry Seal B2014-21 $1,225,180.00 Slurrry and Asphalt Repairs 11/2014 Project Name & Contract Amount Type of Work Date Completed 2013-2014 Slurry Seal Project $379,455.72 Slurry 12/2014 Project Name & Contract Amount Type of Work Date Completed 2. Rick Selph Name of proposed Superintendent Telephone No. of proposed Superintendent: 951-736-7600 Cameo Shores Pavement Reconstruction $3,363,363.00 Pavement Reconstruction 12/2016 Project Name &Contract Amount Type of Work Date Completed Corona Del Mar Entry Improvements $497,497.00 Street Improvements 5/2016 Project Name & Contract Amount Type of Work Date Completed Garfield Elementary School Pavement$1,976,508.00 Pavement Reconstruction 11/2015 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/PublicWorks/SB854FactSheet_6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationFonn 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 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. All American Asphalt Contractor Byle loor Edward J. Carlson, Vice President Title Date: DIR#: 1000001051 C-12 t i EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY EREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this► day of 20_L7. a s11D --- ......... of�»► .� Y fir; Ny1*HN`N Michael Bond,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by GERALD F.HALEY,Vice President,in pursuance of authority granted by Article V, Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRKIN, Rebecca HAAS-BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, California, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver, for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 18th day of April,A.D.2017. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND ..G ytit.S.... �41 S •? fOfA. $EMI Im : iZ _ ±O to INS D i Assistant Secretary Vice President Dawn E. Brown Gerald F. Haley State of Maryland County of Baltimore On this 18th day of April,A.D.2017,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,GERALD F. HALEY, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 POA-F 012-0033D Fidelity and Deposit Company of Maryland Home Office: P.O.Box 1227.Baltimore. MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENT'S: That we, ALL AMERIC:AN ASPHALT — BOND NO, 085 97 423 as Principal,(hereinafter called the "Principal"), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety,(hereinafter called the"Surety"),are held and firmly bound unto City of Huntington Beach as Obligee,(hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN-- Dollars($ 1 0%OF TOTAL BID PRICE ), 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 P.D. Parking Lot Expansion-CC No. 1556 Bid Date:July 183 2017 NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or un the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount 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 lull force and effect. Signed and sealed this 7th day of July A D 2017 ALL AMERICAN ASPHALT (SEAL) Principa ' ` (` TW e FIDELITY AND DEPOSIT COMPANY OF MARYLAND ,Sru,ery (SEAL) Rebecca Haas-Bates �tttornev-irr-Fret Printed in cooperation with the American Institute of Architects(AIA)by Fidelity and Depusil Cmnpany of Maryland. Fidelity and Dttwsit Company of Maryland vouches that the language in the document eonfornis exactly to the language used in AIA Document A-310,February 1970 Fditicni. B I D70000ZZ 0 i01 f CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 validitv of that document. State of California County of Riverside On 7/14/2017 before me, Donna Thorne Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson and Michael Farkas Name(s)of Signer(s) f who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 4W4ef/their authorized capacity(ies), and that by hisA4ef/their DONNA THORNE signature(s) on the instrument the person(s), or the entity upon behalf Commission #2067768 z of which the person(s)acted,executed the instrument. Z ;-.* Notary Public -California z Z ' Riverside County ' I certify under PENALTY OF PERJURY under the laws of the State of My Comm. Expires Jun 7, 2018 California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature �9 J4kilAe,' Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond Document Date: 7/07/17 Number of Pages: One(1) Signer(s)Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies)Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: Michael Farkas ❑ Individual ❑ Individual X Corporate Officer—Title(s): Vice-President X Corporate Officer—Till e(s):Secretary ❑ Partner❑ ❑ Limited ❑ General ❑ Partner❑ ❑ Limited ❑General RIGHT THUMBPRINT RIGHT THUMBPRINT, ❑Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Other: ❑Other: Signer is Representing: Signer is Representing: All American Asphalt All American Asphalt 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 07/07/2017 before me, R.Paramo,Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas-Bates Name(§),of SignerN who proved to me on the basis of satisfactory evidence to be the person(* whose name(* is/aKe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in Ns(her/their authorized capacity ibsl, and that by hi,&(her[fheir signature on the instrument the person(„ or the entity upon behalf of which the person(s),acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of th_e_Staa elf California-t at the foregoing paragraph s-true� a d-d&rect. WITNE S my ha and official s aI R. PARAMO Commission #2035890 i Notary Public- California zgna Orange County ' My Comm.Expires Aug5, 2017' 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 Document Date: 07/07/2017 Number of Pages: One(]) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates Signer's Name: ❑Corporate Officer — Title(s): 7 Corporate Officer — Title(s): ❑Partner — ❑ Limited O General 7 Partner — ❑ Limited ❑General Fj Individual [OAttorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: 7 Other: Signer Is Representing: Signer is Representing: Fidelity and Deposit Company of?Maryland 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Ln 1:5'Y? N I. OF C?� CITY ti M C y"'•' S�j� ^�� 6..S Nk fs � F � � +^ y.:.P'!bird'"c^T 4��'��� ,a: �' 'rs yam° v' fi 1 s TW j',,,t'j ""`k.,: � �x .,.*•� •�-,�''"cr ,�-�� na,y s'rr��35.s ! 11 i ss aj LL.�•w.1'V LE ILL tll�f f �'s�w <'�- 'F.u�K �S'�'^•.r FFxx r 'y,"j1`; ASPHALTS-gys GA• k � Y " ��' �,7�`ti AN[iZUAI_I�I'I'i7R111NI1-Y EMI'LC7YER1 " t ts� '{% "cry�Y! an Si. a >ti+ Mr P.O. Box 2229, CORONA, CA 92878-2229 h r� „'S�`Y° ,�.e# ��e��� g�}^,• ,t`C• v Mi' 4�1'� j -S�4 .rane'kptA'^,' ar•�r3-'r��"'W"kY' � ''ae°•,,.rx•r� r`'- y 1 ..,,yM a �.'�. 5 4��"' 'fit'�•� i`•�w� :-21 R7�^Kr3 n1 9. i•�f r"',L� '.'V�%6 F.yW- •¢ yf•.,l,ut' - ° u" �h £ rF '�•,+ `.+L-�dl rfi•s1' � x y sr "G"�r"r4-*7,. Y`i ..-F'' S O. gq �^ k � = �, ,i,1•�sM }m _.y_. �t x?5,.n ^a F 7 ai 6r 1 gxer� i �i{13 L s�.,s jd P xav a �,r� }yens �T ��`yc' .�.$'E'".*���uE ��"�•�'�� �''�Ly`� r�� .ra�&"�,,i#A'a„�s:+�, �"f.�Y••a�.. 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F3 _ `5 , N^ �C -y.� Y k r {�c r• �y �w. .j, • _ . �. Fy' c rs•�� r; ``. .� �• <:-�'°+ 5 �-�. s '^r �� e-r F �� - -r iw � _ , - a ', sJrik a f 'ass` -'v'Sr F - ,t + ' { •{ _ �,..,t rIY � `�.t+. 4 - ! ,� is S.a k�.. �� �c r` 4� _ ` { e .i. :.c •i a•� +- p r dye i rb}' - ' -� h City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www•huntingtonbeachca.gov -FFB„,1909,~ Office of the City Clerk P• � Robin Estanislau, City Clerk October 10, 2017 Haitbrink Asphalt Paving, Inc. 1480 Magnoila Avenue Corona, CA 92879 RE: P.D. Parking Lot Expansion - CC-1556 Enclosed please find your original bid bond for CC-1556. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand t SECTION C PROPOSAL for the construction of P.D. PARKING LOT EXPANSION CC No. 1556 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 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications. Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will re-advertise the project. In the case of discrepancies in the amounts bid,unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within. 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. C-1 .s- Accompanying this proposal of bid,find ?, M�aa"� � GI i c)a�n in the amount of which said amount is not less than 10%of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids,payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for % ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No.. Date Received Bidder`s Si nature Z 1-7 1-7 — ...- PROJECT BID SCHEDULE ::Bid Confract Unit Extended Nei. Desnpton Quant` unit Amount SAWCUT& REMOVE EXISTING IMPROVEMENTS TO A 1 DEPTH OF UP TO 7"TO ACCOMMODATE NEW 11,700 SF $$lJ PARKING. (� 2 INSTALL 8' HIGH CHAIN LINK FENCE WITH PRIVACY 325 LF $ -I�2 $,3*i SCREEN AND CONCRETE PERIMETER BASE. 3 CONSTRUCT 6"PCC CURB 60 LF $ ,5 0 $ 1(t 00 o/ 4 CONSTRUT 3"AC OVER 4"AB 11,700 SF $ .lU!:-) 0( 6 PAINT 4"WHITE STRIPE 41 STALL $BUD $ ,(_QWD Co 6 MOBILIZATION 1 LS $ U1� $ BASE BID BASIS OF AWARD) Total Amount Base Bid in Figures- $ 59 K h I , J V Total Amount Base Bid in Words:Oil This Section identifies potential change in the work under consideration for this contract. The Owner reserves the right to accept any or all of the listed Additive Bid Items, regardless of the order of their listing. ADDITIVE BID ITEMS Bitl >Gontract Un# Extended No DeserEption" .. 'Cluarit Unit := Pace A�ridunt Al CRACK SEAL, SLURRY AND STRIPE EXISTING SOUTH 16,700 SF $0. $ �PARKING LOT — A2 CRACK SEAL, SLURRY AND STRIPE EXISTING NORTH 46,000 SF $� $ Z� I W PARKING LOT ---r A3 CRACK SEAL, SLURRY AND STRRPE EXISTING DRIVES 7,700 SF $ $ C-2 1 I 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) Subcontractor.. License Number Amount Contract Number 1 i 0 M l� 5 v� 3��1 c, 13, 26,0 UA �3 13Z �bkCAq (AA C31 1111 � l9 Ci i VV kf(7a z��I� COC ) 1 Z �33 Up�,sr. �153Z� Cl3 �t Igo q . I I (o cOIL 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 7 ZS(1,at 0_0r-Z-yLC�- CA-- Date City State being first duly sworn, deposes and sa�s that he or she is 0 v-.-s %c(.Q A-— of H-u i%r V k- P�plug t r Pay, M:" he party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof. or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation,partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder ` L / C Signature of Bidder I L4 �o � ru lea. �_e � CA- Address of Bi der 2C-7�1 C-4 1 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 P.D. PARKING LOT EXPANSION, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Iu,t�nht� ►����- P����� Contractor � L. J L l By Title Date: 7�2S� 11 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 '�"o If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 j 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. Contractor By Title Date: —1 j ZS I ! - C-7 1 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name I q �-p Mph vt.o Business Address Qj City, State Lip (qT1 ) 2 -7 3--01 1 Fr+-(,L I-e Telephone Number mail Address � 1 -7—7 0-7 0 12 4 State Contractor's License No. and Class gIl�0Ig-j Original Date Issued q ( 3oI1 -7 Expiration Date The work site was inspected by►LtAipk.Qb"4rm + of our office on J , 2013. The following are persons,firms,and corporations having a principal interest in this proposal: 12 he. f"ePO y1�rL�,�1L• l�crr orl�}�bY1 12 o�ae,✓� t-�-�-t-bri� C c�.6 C-s 0 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. P0, l til 1c. ll LL PO V)1 v L Company Name Signature of Bidder 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 before me, Month,Day, and Year Insert Name and Title of Notary personally appeared 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 JURAT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of RIVERSIDE Subscribed and sworn to (or affirmed) before me on this 17 day of JULY 2017 by HUNTER HAITBRINK proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. TAMARA LYNN LAMB' u COMM"W No.2142397 �E NOTARY PUBLIC-MIFORNIA RIVERSIDE COUNTY Signature al) MCOW.Errpirea FEBRtaARY 71,2020 OPTIONAL INFORMATION INSTRUCTIONS The wording of all Jurats completed in California after January 1, 2015 must be in the form as set forth within this Jurat. There are no exceptions.If a Jurat to be completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one with does contain the proper wording. In adortion, the notary must require an oath or DESCRIPTION OF THE ATTACHED DOCUMENT affirmation from the document signer regarding the truthfulness of the contents of the document The document must be signed AFTER the oath or affirmation.If the document was previously signed, it must be resigned in front of the notary public during the jurat (Title or description of attached document) process. • State and county information must be the state and county where the document signer(s)personally appeared before the notary public. (Title or description of attached document continued) document Date of notarization must be the date the signer(s) personally appeared which must also be the same date the jurat process is completed. Number of Pages Document Date . Print the name(s)of the document signer(s)who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the Additional information office of the county clerk • 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 jurat form. ! Additional information Is not required but could help i to ensure this jurat is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. 2015 Version vAwi.Notary Classes,com 800-873-9865 . Securely attach this document to the signed document with a staple. t Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of at least one project involving the installation/construction of a "ROMTEC" modular construction building. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-10 i HAITBRINK 1480 MAGNOLIA AVE... CORONA, CA 92879 ASPHALT (951) 273-0111 OFFICE PAVING (951) 273-0911 FAX INC. CA LI C. # 517707 REFERENCES: CITY OF TEMECULA 41000 MAIN STREET TEMECULA, CA 92590 CONTACT: CHRIS WHITE PHONE: (951) 308-6388 CONTRACT AMOUNT: $231,540.00 YEAR: 2017 DESCRIPTION OF WORK: GRADING AND PAVING CITY OF YUCAIPA 34272 YUCAIPA BLVD. YUCAIPA, CA 92399 CONTACT: CHUCK COLLETT PHONE: (909) 841-0336 CONTRACTAMOUNT: $63,590.00 YEAR: 2016 DESCRIPTION OF WORK: GRADING, PAVING AND STRIPING C.W. DRIVER 15615 ALTON PKWY STE. 150 IRVINE, CA 92618 CONTACT: DONNY DYMOND PHONE: (949) 348-6872 CONTRACT AMOUNT: $171,372.00 YEAR: 2016 DESCRIPTION OF WORK: GRADING, PAVING AND STRIPING CITY OF SIMI VALLEY 2929 TAPO CANYON ROAD SIMI VALLEY, CA93063-2199 CONTACT: MANSOUR MORADI PHONE: (805)583-6891 CONTRACT AMOUNT: $72,850.25 YEAR: 2016 DESCRIPTION OF WORK: GRADING, PAVING,CONCRETE,AND STRIPING REFERENCES CON'T: MORENO VALLEY UNIFIED SCHOOL DISTRICT 25634 ALESSANDRO BLVD. MORENO VALLEY, CA 92553 CONTACT: PCM3, MIKE BARBER PHONE: (949) 606-5070 CONTRACT AMOUNT: $399,897.00 YEAR: 2015 DESCRIPTION OF WORK: DEMO,GRADE AND PAVE I 4 � 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. 12a1�►� ��gyl-�l-ems Name of proposed Project Manager l Telephone No. of proposed Project Manager: PrhV�,i�rifX►T kfy�re, h lw�►�hiVId Ur.--A `�� � Project Name &Contract Amount Type of Work Date Completed v r 1 log `7'1U ill d' NrJii'�� Project Name & Contract Amount Type of Work date Completed Lvl'� of /a✓ it�✓��>ilI���l1�r p��lYKi4�i<� loT12;iSl�•Li; U�l�� ir� �, . ityir�„ , --A Project Name &Contract Amount Type of Work J J Date Completed q 2. JMC,(1Yj l,f,Wt q Name of proposed uperintendent Telephone No. of proposed Superintendent: � � % - 011 L PriYe.Wl i-V Rr1'1/Ii 19 OJ i�IirIVi DY &jyi/,t rlrilA ViAd1Vial 2/j"I Project Name &Contract Amount Type of Work '--bate Completed C) vt u P' 04 bd Nji✓�V�bd✓h 0°Jol poi �J.'�(�0. oi; V!�� SrY L,i Project Name&Contract� mount Type of Work Da e Completed �itl1� ofi VYI► Vrr��1 � U,,�;Al f� P�vi riJ �kniwJ��� S�1�iIT�iY ��r�i�o IOr 7�: �� Lam; COr�c�r �i Sri►P 1��I Project Name& Contract AmountJ 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/Publ icW orks/SB854FactSheet_6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 bttps:Hefiling.dir.ca.gov/PW CR/ActionServiet?action=di splayP W CRegistrati onForm DIR's Contractor Registration searchable database: https:Heftling.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. n t4�ktb&LI/— k P Contractor L L ) By Title Date: -7 (ZS- I -1 DIR##: 100000 01 S3L{ C-12 4 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For P.D. Parking Lot Expansion Project CC NO. 1556 in the CITY OF HUNTINGTON BEACH July 13,2017 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications,and Special Provisions: 1. SECTION C, Page C10, Bidders Project History Omit"ROMTEC" modular construction building from first paragraph. This is to acknowledge receipt and review of Addendum Number One, dated July 13, 2017. i+tL Ilcwl . Yiy..-a-r Company Name By -7 -7 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO for P.D. PARKING LOT EXPANSION CC No. 1556 July 17, 2017 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) ALL REFERENCES TO THE DATE BIDS ARE DUE ARE HEREBY CHANGED TO "JULY 25, 2017." ATTACHED TO THIS ADDENDUM ARE AN UPDATED COVER SHEET AND PAGE A-1 OF THE PROJECT SPECIFICATIONS. 2) THE BIDS ARE DUE TO THE CITY CLERK UP TO THE HOUR OF 2:00 PM ON JULY 25, 2017. This is to acknowledge receipt and review of Addendum Number Two, dated July 17, 2017. �� " Company Name By -71251 �1 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at(714)536-5431. d CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the construction of P.D. PARKING LOT EXPANSION CC No. 1556 in the CITY OF HUNTINGTON BEACH • 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: July 25, 2017 2:00 pm, 2nd FLOOR City Clerk's Office TRAVIS K. HOPKINS,DIRECTOR DEPARTMENT OF PUBLIC WORKS SECTION A NOTICE INVITING SEALED BIDS for the construction of P.D. PARKING LOT EXPANSION CC No. 1556 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on July 25, 2017. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a$40.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY website. http://vrww.huntingtonbeachca.gov/govemment/departments/`Public works/Bids/ Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied A-1 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 COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***Debra Bell, Gerald Schumacher, Chris Theveny, Deborah Gibbons,Anthony K.T.Yau,jointly or severally*** as their true and lawful Attomey(s}in-Fact to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(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 Altorney(s)-in-Fad,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 altorney(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; RESOLVED,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 SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested �by theirrespective Secretary or Assistant Secretary this 6th day of February,2017. By Jam`O iv ANDyy•.� ,�,PAWYty oF GC P c Daniel Young,Senior Vice-President aRPor:qg y;ac .�y Ms, uQ PO �r y 1936 : = OCT, 95 By: G% -�OJ�:cgLlFOsn'.P••ays�� Mark Lansdon,Vice-President �d • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Orange On February 6.2017 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•2081915 Notary Public-Calffornfar 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. Place Notary Seal Above Signature Lucill ond,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power ofAttomey remains in full force and has not been revoked and,fur',iermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. 7 20�f r`��r.rrrr '0' QANY This Certificate is executed in the City of Irvine,California,this say of N AND yN p1k d,� JUL ?yJQ a`otaPaR4r�Or2 �GV PPO OCT.5 gq��C+f By ?y1936 e n' W 1967 Cassie J. � rrisford,Assistant Se Lary i0. .q(IFo� 'a�� �,�..*..."P*�a`��; tr*a ATS-1002(02/17) Developers Surety and Indemnity Company Indemnity Company of California ® CorePointe Insurance Company AmTrust Surety 17771 Cowan Suite 100•Irvine,California 92614•(949)263-3300 An AnnTrust Financial Company www.AmTrustSurety.com BID BOND BOND NO. KNOW ALL MEN BY THESE PRESENTS, That we Haitbrink Asphalt Paving, Inc as Principal, and Developers Surety and Indemnity Company a corporation authorized to transact a general surety business in the State of Iowa as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) in the full and just sum of Ten Percent of the Total Bid Dollars, ($ 10% )for the payment whereof in lawful money of the United States,we bind ourselves, our heirs, administrators, executors, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the said PRINCIPAL has submitted the accompanying bid for P.D. Parking Lot Expansion 2000 Main Street NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,or in the event of the failure of the Principal to enter such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and Sealed this 7th day of July 12017 YEAR Hait rink Asphalt Paving, Inc Developers_ ret demnit man 1 Surety If By. Principal Chrl Veny Attorney-in-Fact ID-1198(Bid Bond)(REV.7/15) 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 J U L 0 7 2017 before me, Deborah Jean Gibbons Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Chris Theveny 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) JEAN GIBBONS Lacted, executed the instrument. COMM4216782TQDEBORAH NOTARY PUBLIC-CALIFORNIA N I certify under PENALTY OF PERJURY under the laws of ORANGE COUNTY the State of California that the foregoing paragraph is true My Comm.Exp,Oct 14,2020 r and correct. Witness my r and official seal. Signature �� � l?L-eu - —A Place Notary Seal Above i e of Notary Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General d Attorney in Fact •-- ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Trustee OF ❑ Trustee • F SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of RIVERSIDE } On JULY 14,2017 before me, TAMARA LYNN LAMB, NOTARY PUBLIC , ere insert name and title of the o icer personally appeared HUNTER HAITBRINK , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(-&) Is re subscribed to the within instrument and acknowledged to me that the/they executed the same in Is er/their authorized capacity(ies), and that by (ff!yher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ..»:.�.........»�.. TAMARA LYNN LAMB WITNESS my hand and Official seal. Commission No.2142397 OMy NOTARY PUBLIC-CALIFORNIA RIVERSIDE COUNTY Comm.Expires FEBRUARY 11,2020 Notary Pu a ure (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This farm complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e, he/she/they-is/efe)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer . The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a ( It e) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county cleric. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other 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). 2015 Version tivv;✓.Not@ryCiasses.conn 800-873-9865 Securely attach this document to the signed document with a staple. N4iTBPNk 46fMLTPqv, 1-�C,, RECEIVED ) �Sb MA(,A)04M Awz7- 2017 JUL 25 Pit [-. 28 CITY CLERA CITY OF 9 HUNT iNGTON BFA+CIj rCF � 7 r - City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov fFel7, g09;'p° Office of the City Clerk Robin Estanislau, City Clerk October 10, 2017 NPG Corporation P.O. Box 1515 Perris, CA 92572 RE: P.D. Parking Lot Expansion - CC-1556 Enclosed please find your original bid bond for CC-1556. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities. Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of P.D. PARKING LOT EXPANSION CC No. 1556 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 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will re-advertise the project. In the case of discrepancies in the amounts bid,unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. C-1 Accompanying this proposal of bid, find Bid Bond for 10% in the amount of 10%Total Bid 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 nature 1 7/13/17 Jeff Nelson,President 2 7/17/17 Jeff Nelson,President PROJECT BID SCHEDULE Biel Contract Umt Extended No Description1. Quanti Unrt, Price „gmt�unt SAWCUT&REMOVE EXISTING IMPROVEMENTS TO A 1 DEPTH OF UP TO 7"TO ACCOMMODATE NEW 11,700 SF $ 4.02 $ 47,034.00 PARKING. 2 INSTALL 8' HIGH CHAIN LINK FENCE WITH PRIVACY 325 LF $ 64.62 $ 21,001.50 SCREEN AND CONCRETE PERIMETER BASE. 3 CONSTRUCT 6" PCC CURB 60 LF $ 283.33 $ 16,999.80 ✓ 4 CONSTRUT 3"AC OVER 4"AB 11,700 SF $ 4.62 $ 54,054.00 5 PAINT 4"WHITE STRIPE 41 STALL $ 43.90 $ 1,799.90 6 MOBILIZATION 1 LS $ 15,000.00 $ 15,000.00 d BASE BID BASIS OF AWARD Total Amount Base Bid in Figures: $ 155,889.20 Total Amount Base Bid in Words: One hundred fifty five thousand,eight hundred eighty nine dollars&20/100 This Section identifies potential change in the work under consideration for this contract. The Owner reserves the right to accept any or all of the listed Additive Bid Items, regardless of the order of their listing. ADDITIVE BID ITEMS B„id = Contract Unit E?ctended x No Description Quanti Unit Price, Amount Al CRACK SEAL, SLURRY AND STRIPE EXISTING SOUTH 16,700 SF $ 0.91 $ 15,197.00 PARKING LOT A2 CRACK SEAL, SLURRY AND STRIPE EXISTING NORTH 46,000 SF $ 0.44 $ 20,240.00 PARKING LOT A3 CRACK SEAL, SLURRY AND STIRPE EXISTING DRIVES 7,700 1 SF $ 1.81 $ 13,397.00 C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class' DIR Dollar %of Item(s) Subcontractor License Number Amount Contract Number, 1 V&E Tree Service C-27 (Partial) 2425 N. Batavia Street 654506 D-49 100001936 $16,000 10% Orange, CA 92865 C-61 Moore Fence C-13 2 280 E. 1st Street 915105 C-61 1000005075 $21,000 13% Perris, CA 92570 D-25 Al, A2 American Asphalt South $49,374 &A3 14436 Santa Ana Ave 784969 A 1000000645 24% Fontana, CA 92337 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 J � � NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 7/25/17, at Perris , CA Date City State Jeff Nelson , being first duly sworn, deposes and says that he er-she is President of NPG,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. NPG,Inc. Name of B' der 01 Signs e idder Jeff Nelson,President 1354 Jet Way,Perris,CA 92571 Address of Bidder C-4 J � , CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this STATE OF California )SS certificate is attached, and not the truthfulness, COUNTY OF Riverside ) accuracy, or validity of that document. On 7/25/17 before me, Carol Marie Stone , Notary Public, personally appeared Jeff S. Nelson who proved to me on the basis of satisfactory evidence to be the personfs)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she"executed the same in his/he4#h&authorized capacity(aes),and that by his/ hors rc he' signature(o on the instrument the person(o, or the entity upon behalf of which the person(o 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 nd official seal. CAROL MARIE STONE Notary Public -California Z Riverside County i Signature Z ' Commission #2154181 D Carol Marie Stone * Notary Public My Comm.Expires May 22, 2020 This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluab persons relying on the documents. ❑ INDIVIDUAL ❑ CORPORATE OFFICERS) TITLE(S) ❑ PARTNER(S) ❑ LIMITED GENERAL 0 ATTORNEY-IN-FACT ❑ TRUSTEE(S) 0 GUARDIAN/CONSERVATOR ❑ OTHER Manager SIGNER IS REPRES NG: Na of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: City of Huntington Beach, Non-Collusion NUMBER OF PAGES N/A DATE OF DOCUMENT N/A SIGNERS) OTHER THAN NAMED ABOVE N/A 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 P.D. PARKING LOT EXPANSION, (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. NPG,Inc, Contractor By Jeff Nelson,President _ Title Date: 7/25/17 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 �d No If the answer is yes, explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 1 , 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. NPG,Inc. Contractor By Jeff Nelson,President Title Date: 7/25/17 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: NPG, Inc. Bidder Name 1354 Jet Way, Business Address Perris,CA 92571 City, State Zip ( 951 ) 940-0200 cstone@npgasphalt.com Telephone Number Email Address 664779,A,B,C-12 State Contractor's License No. and Class 2/17/93 Original Date Issued 2/28/19 Expiration Date The work site was inspected by Mark Molina of our office on July 6th ,201 7. The following are persons, firms, and corporations having a principal interest in this proposal: NPG.Inc.-A California Corporation Jeff Nelson-President Sharon Nelson-CFO 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. NPG, Inc. Company Name Signature of Bidder Teff Nelson,President 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 �identit f the individual who signed the document to which this certificate is attached, a not the truthfulness, accuracy, or validity of that document. State of ) 4 County of ) .X On before me, Month, Day, and Year I rt Name and Title of Notary personally appeared N e(s) of Signer(s) who proved to me on the basis of s 'sfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrum and acknowledged to me that he/she/they executed the same in his/her/their authorized ca city(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. I certify under PEN TY OF PERJURY under the laws of the State of California that the foregoing paragra is true and correct. WITNESS y hand and official seal. Signature Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Jurat A notary public or other officer completing this State of California certificate verifies only the identity of the individual who signed the document to which this County of Riverside SS certificate is attached, and not the truthfulness, accuracy, or validity of that document. Subscribed and sworn to (or affirmed) before me on this 25th day of July 2017 , by Day Month Year Jeff S. Nelson , proved to me on the basis of satisfactory evidence to be the person(O who appeared before me. WITNESS my hand and official seal. CAROL MARIE STONE _ Notary Public -California Notary Public Signature -Carol Marie Stone Q "® r area is joftag 1AQ1a&%lR ty Z z ' Commission # 2154181 D My Comm.Expires May 22,2020 For: City of Huntington Beach, Bidders Information I Y Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, **Removed specifically referencing the construction of at least one project involving the " Bidders are per Add#1 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: l City of Perris, 1015 South G Street, Perris,CA Name and Address of Public Agency Name and Telephone No. of Project Manager: Daryl Hartwell, (951)657-3820 $94,835.31 Emergency Repairs Open Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Provide on call emergency work as needed including but not limited to: asphalt repairs, concrete repairs, striping,ADA compliance, crackfilling&signs. 2. Moreno Valley Unified School District, 24050 Dracaea Ave, Moreno Valley,CA Name and Address of Public Agency Name and Telephone No. of Project Manager: Mike Barber, 949-606-5070 $410,444.00 Parking Lot&Playground Repairs 3/25/17 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Asphalt,concrete &striping at Butterfield ES 3. Rancho California Water District PO Box 9017,Temecula, CA 92589 Name and Address of Public Agency Name and Telephone No. of Project Manager: Tim Carlisle, (951)453-9930 $1,000,000 Emergency Repairs 6/30/17 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Provide on call emergency work as needed including but not limited to: asphalt repairs, concrete repairs, striping,ADA compliance, crackfilling_&signs. 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 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. Mark Molina Name of proposed Project Manager Telephone No. of proposed Project Manager: 951-345-5317 _Cerritos Community College, $148,944.00, Parking Lot Improvements, 7/2016 Project Name & Contract Amount Type of Work Date Completed UC Irvine, Peltason &Bison, $187,200.00,Minor Street Improvements, 4/2017 Project Name & Contract Amount Type of Work Date Completed 29 Palms Marine Base, $938,373.50,Asphalt,concrete &seal, 3/2017 Project Name & Contract Amount Type of Work Date Completed 2. Jay Ornelas Name of proposed Superintendent Telephone No. of proposed Superintendent: 951-591-9310 Palm Springs Cemetery District Entry Remodel, $116,424.00, 7/2017 Project Name & Contract Amount Type of Work Date Completed Riverside Community College, $115,190.00,Asphalt&Concrete Repair 7/2017 Project Name & Contract Amount Type of Work Date Completed Eastern Municipal Water District, $79,806.00 Parking Lot Repairs 7/2017 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/PublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https:Hefiling.dir.ca.gov/PWCR/ActionServiet?action=displayPWCRegistrationForm 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 perfonnance 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. NPG,Inc. Contractor By Jeff Nelson, President Title Date: 7/25/17 DIR#: 1000002457 C-12 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 COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: **'Jan Moran,David L.Culbertson,Charles L. Flake,Richard A.Coon,Lexie Sherwood,Spencer Flake,jointly or severally**' as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(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 Attomey(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-Presldent,Senior VimPresident or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attomey(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; RESOLVED,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 6th day of February,2017. AND„II. By: �� �Y AND iNO OqM PO} o. oRrn2or'••y'. -� P. R4 Daniel Young,Senior Vice-PresidentOM 6 .•y;� �;y: � �r ��. = do w y8er BY L .:O;�.:cA[fFO b Mark Lansdon,Vice-President p'•...... ..• 4r> 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 Februaryy 6,2017 before me, Lucille Raymond Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark Lansdon Names)of Signers) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies),and that by hislherltheir 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 0 20411945 Notary Public•California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Orange County true and correcL M Comm.Expires Oct 13 201$ WITNESS my hand and official seal. �. Place Notary Seal Above Signature Lucill$yond,Notary Public CERTIFICATE 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 resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney ere in force as of the date of this Certificate. PANY This Certificate is executed in the City of Irvine,California,this 14 th day of July 2017 ,a•�iv ANO/,I�aplE ,k, By '1936 `__ g' . Cassie JPArrisford,AssistantSe taryOr cgtrFo �'` ATS-1002(02/17) City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For P.D. Parking Lot Expansion Project CC NO. 1556 in the CITY OF HUNTINGTON BEACH July 13, 2017 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications,and Special Provisions: 1. SECTION C, Page C10, Bidders Project History Omit"ROMTEC" modular construction building from first paragraph. This is to acknowledge receipt and review of Addendum Number One, dated July 13, 2017. NPG, Inc. Company Name elson, President 7/25/17 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714)374-1573 I ADDENDUM NUMBER TWO for P.D. PARKING LOT EXPANSION CC No. 1556 July 17, 2017 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: i 1) ALL REFERENCES TO THE DATE BIDS ARE DUE ARE HEREBY CHANGED TO "JULY 25, '2017." ATTACHED TO THIS ADDENDUM ARE AN UPDATED COVER SHEET AND PAGE A-1 OF THE PROJECT SPECIFICATIONS. 2) THE BIDS ARE DUE TO THE CITY CLERK UP TO THE HOUR OF 2:00 PM ON JULY 25,2017. 4 This is to acknowledge receipt and review of Addendum Number Two, ted July 17, 2017. NPG,Inc. Company Name By Jeff Nelson, Presi nt 7/25/17 Date All bidders must acknowledge the.receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at(714)536-5431. 1 a I i CONTRACTORS STATE UCENSE BOARD k Contractor's License Detail for License # 664779 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law(B&P 7124.6)If this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17,only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. Data current as of 7/25/2017 9:27:51 AK/ Business Information NPG INC P0 BOX 1515 PERRIS, CA 92572 Business Phone Number:(951)940-0200 Entity Corporation Issue Date 02/17/1993 Expire Date 02/28/2019 License Status his license is current and active. All information below should be reviewed. Classifications C12- EARTHWORK AND PAVING B-GENERAL BUILDING CONTRACTOR A-GENERAL ENGINEERING CONTRACTOR Bonding Information Contractor's Bond This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: 151812 �Bond Amount: $15,000 Effective Date: 01/01/2016 Contractor's Bond History Bond of Qualifying Individual The qualifying individual JEFFREY SCOTT NELSON certified that he/she owns 10 percent or more of the voting stock/membership Iinterest of this company; therefore, the Bond of Qualifying Individual is not required. Effective Date: 08/19/1997 tBQI's Bond History Workers'Compensation This license has workers compensation insurance with the INSURANCE COMPANY OF THE WEST Policy Number:WVE5028828 pEffective Date: 01/01/2015 Expire Date: 01/01/2018 Workers'Compensation History � n+t,e. OP ID: D B CERTIFICATE OF LIABILITY INSURANCE D 01/12/1 /2015 ) 01/ 015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT Crosby Insurance, Inc NAME John Sheffield 8181 E.Kaiser Blvd (PAC."No ,a:714-221-5255 uc No: 714-221-5210 Anaheim Hills, CA 92808 ADDRessjsheffield(acrosbyinsurance.com John Sheffield PRODUCER cusroM- D#NPGCO-J INSURER(S)AFFORDING COVERAGE I__NAIC 9 INSURED NPG,Inc.aka: Nelson Paving& INSURER A:Ironshore Specialty Ins CO Grading,Goldstar Asphalt Products INSURER B:Genera I Ins CO Of America j P.O. Box 1515 INSURER C:Liberty Ins Underwriters Perris, CA 92572 INSURERD:ICW Group INSURER E:Great American Insurance Goup INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSUP.ANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NA,vIED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCEADDL SUER' POLICY EFF POLICY EXP POLICY NUMBER I Mh1lDD/Y h11MlDDr( LIMITS I,GENERAL LIABILITY LEACH OCCURRENCE S 1,000,000 A I X COMMERCIAL GENERALLIAEILIT/ I AGS0058703 111115/2016I 11/15/2017 DAWA—GcT6RENTE PRENUSES fEa occurrence) S 50,000 CL.AINIS-MADE !�CCCUR I 1 �� ! MED EXP(Any one person) S 5,000 PERSONAL&A.ovINJURY s 1,000,000 u I I ! GENERAL AGGREGA�­ s 2,0005000 GEN'L AGGREGATE LIMIT APPLIES PER. I I PRODUCTS-CCM7-iCP AGG 1 S 25000,000 FOLICY I X i PR T LOC I S AUTOMOBILE LIABILITY COh1BIr1ED SINGLE LIMIT 15000,000 (Ea accident) S B X ANY AUTO 24-CC-206754-0 111/15/2016 11/15/2017 , 1 i EODIC/INJURY(Per person) S i j ALL 01,`JNcpgiJ,-nc INCL PHYSICAL DAMAGE ! � I SCHEDULED AUTOS (BODILY INJURY(Per accident) S �I j j PROPERTY DAP+IAGE � (PER ACCIDENT)X I HIRED AUTOS � I j i S f.t I NON-or/rNEDAuTos I I (Comprehensive s $1,000 de X ;Hired Phys Dam IS50,000 MAXIMUM LIMIT jCollision s 51,000 de j UMBRELLA LIAB I X CCCUR EACHOCCURRENCE S 5,000,000 XEXCESS LIAB j CLAAIS-NIADE�! I I 1 AGGREGATE !S 5,000,000 C I 100002437207 11/15/2016 11/15/2017 i 1 DEDUCTIBLE I i S 71 R=TENTICII S �WORKERS COMPENSATION I I I I I I AND Eh1PLOYERS'LIABILITY Y/N I I I X !TORY LIMIT VJC STATU- i,C� r' S I ! ER D i ANY P;ROPRIETOR/PARTrIEF2/EXECUTNE rJ/A 1 WVE5028828 02 101/01/2017 101/01/2018 ,E.L.EACH ACCIDBJT s 1,000,000 OF.FICERAIEMSER EXCLUDED? (Mandatory in NH) I I I E.L.DISEASE-EA I%IP,OYEc S 1,000,00i) It yes describe under ! ! DESCRIPTION OF CPERATiCrIS beb, I I ! S S 1,000,000E.L DrAE k E IEQUIPf/1ENTRENTED I 1IMP0333772-04- 11/1512016I 1V1512017 (Limit 500,000 (FROM OTHERS I IDed 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101.Additional Remarks Schedule,if mere space is required) `If cancelled for non-payment of premium only 10 days notice will be given. If required bywritten contract,Additional Insured(General and Auto Liability), Prlmaryand Non-Contributing(General Liability)and Waiver of Subrogation(General and Auto Liabilityx and Workers Compensation)can apply. New Construction exclusion applies. Ecess Policy follows form. CERTIFICATE HOLDER CANCELLATION FORINFO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN For Information Purposes Only ACCORDANCE WITH THE POLICY PROVISIONS. -specific certificates can be Issued upon request- AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD IWO Legal Name Registration Number Coun4y City Registration pate Expiration Date I4PG INC 1000002457 RIVERSIDE PERRIS 05/0312017 061=2018 Proof of DIR Registration per California Labor Code 1725.5 E® Developers Surety and Indemnity Company A Indemnity Company of California CorePointe Insurance Company AmTrust Surety 17771 Cowan Suite 100•Irvine,California 92614•(949)263-3300 An AmTrust Financial Company www.AmTrustSurety.com BID BOND N/A BOND NO. Premium: Nil KNOW ALL MEN BY THESE PRESENTS, That we NPG, Inc . as Principal, and Developers Surety and Indemnity Company a corporation authorized to transact a general surety business in the State of California as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) in the full and just sum of ten percent of amount bid Dollars, ($ 10- )for the payment whereof in lawful money of the United States,we bind ourselves, our heirs, administrators, executors, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for P.D. Parking Lot Expansion NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,or in the event of the failure of the Principal to enter such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and Sealed this 14th day of July 2017 YEAR Developers Surety and NPG, Inc .z9e 114 Inde y Qompany Surety By: By. Jeff S. Nelson President Principal Char es L. Flake,Attomey-in-Fact ID-1198(Bid Bond)(REV.7/15) I CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this STATE OF California )SS certificate is attached, and not the truthfulness, COUNTY OF Riverside ) accuracy, or validity of that document. On 7/25/17 before me, Carol Marie Stone , Notary Public, personally appeared Jeff S. Nelson who proved to me on the basis of satisfactory evidence to be the person?-,)whose name?-,)is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/herd authorized capacity(ies);and that by his/"�;F signatureW on the instrument the personal, or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a d official seal. CAROL MARIE STONE Notary Public -California Signature - z :'4 Riverside County D z ' Commission #2154181 Car01 ale Stone * Notary Public My Comm.Expires May 22,2020 This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable rsons relying on the documents. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) TITLE(S) 0 PARTNER(S) ❑ LIMITED GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATO ❑ OTHER Manager SIGNER IS REP NTING: ame of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: City of Huntington Beach, Bid Bond NUMBER OF PAGES N/A DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE N/A i 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. j STATE OF CALIFORNIA } Ili County of Orange i I , On 7/14/17 before me, Erin A. Sherwood Notary Public, Date Insert Name of Notary exactly as it appears on the official seal i i personally appeared Charles L. Flake Name(s)of Signer(s) i who proved to me on the basis of satisfactory evidence to I 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), ERIN A.SHERWOOD C( 11.�:.., and that by his/her/their signature(s) on the instrument the I; .: commission#2118628 Z person(s), or the entity upon behalf of which the person(s) a:-.r: Notary Public California Z acted, executed the instrument. j n z , ` ' "' Orange Cow,ty My Comm.Expires Jul 6,2019 J 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand a d official seal Signature _(7 Place Notary Seal Above Signat of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document.- Document Date: Number of Pages.- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General ❑ Attorney in Fact ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF ❑ Trustee 1. OF e ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: t N V co i •w Q uj cc in Q- LLJO� Uh0 1 � �vX • r— 3 ea �- �.s f�. O N ~!7 N N (D p � o� o U N CO ai Q m = o � 0 00 0 I M; e= �a Lu AO 0