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Home My WebLink AboutR J Noble Co. - 2013-08-19 RECEIVED BY-, CITY CLERK RECEIPT COPY Return DUPLICATE to �) City Clerk's Office (Name)f after signing/dating (Date) ! I CITY OF HUNTINGTON BEACH • INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk / DATE: SUBJECT: Bond Acceptance 1 have received the bonds for / (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No.Warranty or Maintenance Bond No. - '(f� 5 —�''y 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 O /-3 f r/_ (Council Approval Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. Other No. SIRE System ID No. gAorms/bond transmittal to treasurer ®A A � City of Huntington Beach INTER-DEPARTMENT COIF MMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Eric Charlonne, Construction Manager DATE: SUBJECT: Retention Release Payment Company Name: RJ Noble Company, Inc. Address: 15505 E. Lincoln Avenue City, State and Zip Code: Orange, CA 92856 Phone Number: (714) 637-1550 Business License Number:A005420 Local Address: Notice of Completion Date:12/19/13 Contract Purpose: Retention Release CC 1445 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 on the subject t is time. 4 Date 4161Travis K. Hopkins, Public Works Director I certify that there are no outstanding invoices on file. S44 Date Joyce Zack&beputy City Treasurer I certify that no stop notices are on file on the subject contract, and hat a guaranty bond has been filed with this office. //2 X(V D e Joan Flynn, City C 'e retention 3 signature memo 1445.doc 2/1 0/201 4 3:50:00 PM This Document was electronically recorded by PLEASE COMPLETE THIS INFORMATION City of Huntington Beach RECORDING REQUESTED BY: Recorded in Official Records,Orange County Hugh Nguyen,Clerk-Recorder I1�1��0�19VIIIIUBI��Q��I��IIIQ��IIVI �I�I��II��IB�® FEE 2013000699555 01:57pm 12/19/13 WHEN RECORDED MAIL TO: 37 406 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CITY OF HUNTINGTON BEACH Attn:Eric Chadonne P.O. Box 190—2000 Main Street Huntington Beach,CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to RJ Noble Company, Inc. who was the company thereon for doing the following work to-wit: SLATER ACCESS ROAD PROJECT CC 1"5 That said work was completed December 19, 2013 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 December 19,2013, per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract Western Surety Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach,California,this December 19,2013. /,vicDire or of ors br City Engineer bity of Huntington Beach,California STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof, the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach,California,this December 19,2013. rector of Public Works or City Engineer This document is solely the official business of j �oyCity of Huntington Beach, California the City of Huntington Beach, as contemplated under Government code section. 6103 and should be recorded free of charge. THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 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-1445 Project: SLATER ACCESS ROAD REHAB 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 31ST day of JANUARY 20 14,at ORANGE California. j I l� R.J. NOBLE COMPANY ! (Type Contractor Name) By: x Name: [Type ame] E MENDOZA, SECRETARY Title: [Type Title] 700 MY ATE RNEY RNE -TlS ci3•ab ts'to 1 247547 1 CONTRACTOR'S CERTMCATE L STEVE MENDOZA ,state and certify that: (Name of Declarant) 1. R.J. NOBLE COMPANY is the general contractor to the City of Huntington Beach ("City") on Contract No. CC-1445 (the "Contract' for the construction of the public work of improvement entitled: SLATER ACCESS ROAD REHABILITATION (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 performed work on or supplied labor, services,materials,and/or equipment for use at the Project. i 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 ORANGE on this 31ST day of JANUARY ,2014 x I igna of Declarant) APPROVED AS TO FORM STEVE MENDOZA, SECRETARY By: Name: [Type Name] Title: [Type Title] 1 245914.1 i Certification of Compliance with Title'VH of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O.Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 i Contract: CC-14 4 5 i Project: SLATER ACCESS ROAD REHAB The undersigned contractor on the above-referenced project ("Project") hereby certifies that it has complied with. Title VH of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national.origin, age or disability with the exception of access for the disabled). I declare under penalty enal of Pe under the laws of the State of California that the foregoing is Jm'Y true and correct. Executed this 31 ST day o f JANUARY 20 14, at ORANGE ,California. i R.J. NOBLE COMPANY f (Type Contractor Name) j By X Name: [Typ ame] -- Title: [Type Title] R p it NEY STEVE MENDOZA, SECRETARY _TL.� 3 ab•0(p 1 143911.1 , 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 Cler DATE: SUBJECT: Bond Acceptance I have received the bonds ford—L' (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved &Al �. (Council Approval Date) CC No. Agenda Item No. //'�� MSC No. City Clerk Vault No. e/, Other No. SIRE System ID No. g1forms/bond transmittal to treasurer _........__ .... Bond No. 58707009-M MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That R.J. NOBLE COMPANY (contractors name] 15505 E.. LINCOLN AVENUE,.,. ORANGE, CA 92865 [contractors street address,city and state and zip code] as Principal thereinafter called Contractor),and: Western Surety Company tsurety`s name] 915 Wilshire Blvd.. Suite 1656, Los Angeles, CA 90017 tsuretys street address,city state andzip code] a corporation organized and existing under'the laws of the State of South Dakota with. its.principal office in the City of Los Angels, CA as Surety (hereinafter called Surety), are'held j firmly bound unto CITY OF HUNTINGTON BEACH as Obligee(hereinafter called Owner), in the amount of i Two Hundred Fifty Nine Thousand Seven Hundred Six Dollars and 501100 259 706.50--------- t tri Dollars ($_ ), for the i payment whereof Contractor and Surety bind. themselves, their heirs, executors, administrators, successors, j and assigns,jointly and severally,firmly,by these presents, 01 WHEREAS,Contractor has by written agreement dated entered into a contract with Owner for the City of Huntington Beach_Pr9ject_No..CC-1445;.Slater.Access Road Rehabilitation. in accordance i with drawings and specifications prepared by which contract is by reference made a part hereof(hereinafter ferred to as the ontract);and WHEREAS,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 WHEREAS,the Contract also;provides'that the Contractor shall secure Contractor's obligations during the one- t year period with a bond executed by'a surety duly admitted in the state of California;and 1 WHEREAS, the Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be �f'I,ICir:l 201±. { NOW, THEREFORE, THE.CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of one.year from and.after the date of completion and acceptance`of the Contract by Owner, repair and/or replace 1 : any and ati defects arising in the Work, whether resulting from defective materials or defective workmanship, then,this obtrgation'shall be nult and void;,otherwiae itwll remain In full'forrwand 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;. with in..thirty(30 following Owner's written notice of default,either. (a) remedy the default, or(b)shall promptly complete-the Contract in accordance with its terms and oonditions. Surety shall save the Owner harmless from any claims,:judgments, liens or losses arising from the Surety's failure to eitherremedy the default or to complete the.Contract in accordance with its terms'And conditions in a timely manner. Whenever the Principal shall be, and.Aeclared by the:Owner to be in default under the. Contract, which shall include without limitation, any breach or default of the Contract,,then,after written notice from the:Owner to the Surety, as provided for below,:the Surety. shall either. a remed the,default or breach b the Pdrtci al; or tY (.. ) y y P (b)' shall promptly and faithfully take charge of the Work and. complete the Work in accordance with the: requirements of the Contract with a.00ntractor'Other than the Rrincipal,at its own expense,and make available 1' 10-2567/50583 as work progresses sufficient funds to: pay the cost of completion less the unpaid.balance of the. Contract including other costs and damages for which the surety,may be liable hereunder, provided;.however, that the procedure by which the Suretyundertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner. Within thirty(30) days after Surety's receipt,of'a written notice from Owner of the failure of performance of the Contract by the Principal, it shall be the duty of the Surety'to give to the Owner a notice,.in writing, of. the Surety's election to (a) remedy the default(s) of the Principal promptly, or.(b) arrange for performance of the Contract promptly by a contractor other than the Principal,time being of essence to this Bond, In said Notice of Election,the Surety shall state the date of commencement of Its cure or remedy of the Principal's default(s) or its performance of:the Contract. The Surety's'obligations 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 frorn Surety's actions or failure'to act, and liquidated damages (or if no liquidated damages are. specified In the Contract, actual damages caused by delayed performance or non- performance by the. Principal)'. The Surety.shali give prompt written notice to the Owner upon completion of the cure or remedy:of the Principal's defaults)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.default(s) of its performance of the Work within thirty(30)days after receipt of a written,notice from Owner, Surety shall be deemed to be in:default on,this bond,and the Owner shall be entitled to enforre;any,remedy available o 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 andsealed this 4th day of February 20 14 Principal Raised Corporate Seal R.J. NOBLE COMPANY (MUST BE AFFIXED) (Contractor Name) By: X (Seal) i Principal Raised Corporate Seal MI CHAEL J. CARVER [MUST BE AFFIXED] PRESIDENT (Title) Western Surety Company, (Surety Flame) i By: a (deal) �.. James co alandi.Attorney-in-Fact NOTES: 1. Acknowledgments must be.compieted and:retumed: as part of the bond: VED AS'TO FOIL 2: Raised Corporate Seals are..mandatory. 3. Please.attachPowerofAttomey., CORA').`�3,City AMMY 0-2567150583 i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California ) e County of Orange I On 02/05/2014 before me, J.DeIongh,Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael J.Carver ((' Name(s)of Signer(s) II fi who proved to me on the basis of satisfactory I evidence to be the personf4 whose name(e is/afe subscribed to the within instrument and acknowledged to me that he/&k*AIRW executed the same in hislt Heir authorized capacity i , and that by §1 J. DEiONGH his/her/their signature( on the instrument the Commission # 1954610 person�,gf, or the entity upon behalf of which the .�)? Z Yll a"( .:� Notary Public- California z persono acted, executed the instrument. Q, Orange County My Comm.Expires Oct 28,20-15� I fi 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS nd in icial seal. Signatur . Place Notary Seal Above Signature of Notary Public OPTIONAL f; 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 this form to another document. Description of Attached Document Title or Type of Document: I Document Date: Number of Pages: I Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Titie(s): ❑Corporate Officer — Title(s): O Individual 1 O Individual O Partner—O Limited O General Top of thumb here CJ Partner — O Limited O General Top of thumb here ❑ Attorneyin Fact � O Attorney in Fact ,i O Trustee O Trustee O Guardian or Conservator ❑Guardian or Conservator O Other: ❑Other: Signer Is Representing: Signer is Representing: F >:'.�'� C 2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 ACKNOWLEDGMENT State of California County of Orange ) On February 4, 2014 before me, Kelly A. Vincent, a Notary Public (insert name and title of the officer) personally appeared James Scott Salandi, Attorney-in-fact 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. ,ry 0 KELLY A.YBPBCEiN1° COMM.#2029982 M •� o NOTARY PUBUC•CALIFORNIA X ORANGE COUNTY � IWY COMIR EV.JUNE 21,217 Signature Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint James Scott Salandi,Leonard Ziminsky, David Jacobson, Individually of Irvine,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 22nd day of January,2014. A, aET.,4,y WESTERN SURETY COMPANY o r�y ........?c sQ,�POgyr�la Sf AV i.i=' J`... >N oaµs „„„�„ aul T.Bruflat,Vice President State of South Dakota l .JT County of Minnehaha ss On this 22nd day of January,2014,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls, State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + r J.MOHR f r ^ NOTARY PUBLIC ^ June 23,2015 r SEAL s-L { r SOUTH DAKOTA J.Mohr,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the revers her of is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this �_clay cf �� "�� 4 f Q.r��"E WESTERN SURETY COMPANY Tq'pp�K L.Nelson,Assistant Secretary Form F4280-7-2012 Consent of Surety OWNER p to Final Payment ARCHITECT CONTRACTOR SURETY AIA DOCUMENT G707 OTHER El TO OWNER: R.J. Noble Company ARCHITECT'S PROJECT NO.: (Nameandaddress) 15505 E. Lincoln Avenue Orange, CA 92865 CONTRACT FOR: City of Huntington.Beach- Project No. CC-1445; Slater Access Road Rehabilitation. Performance and Payment Bond No. 58707009 PROJECT: Slater Pump Station at Graham Street, (Name and address) Huntington Beach, CA CONTRACT DATED: August 20, 2013 In accordance with the provisions of the Contract between the Owner and the Contractor as included above, the Western Surety Company, 915 Wilshire Blvd., Suite 1650, Los Angeles, CA 90017 (Insert name and address of Surety) SURETY, on bond of R.J. Noble Company, 15505 E. Lincoln Avenue, Orange, CA 92865 (Insert name and address of Contractor) , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 (Insert name and address of Owne4 OWNER, as set forth in the said Surety's bond. IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date: February 4, 2014 (Insert in writing the month followed by the numeric date and year.) Western Sure any (Surety) Attest: X (Seal): MIC EL J. CARVER, PRESIDENT gnat of authorized representative) James Scott Salandi,Attorney-in-Fact _ (Printed name and title Printed in cooperation with the American Institute of Architects(AIA)by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document G707-Consent of Surety Company to Final Payment- 1994 Edition. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CnnL CODE§ 1189 � a roxc�c�c� crnrucr�czGizrr>c5rr� u c .1 ; �I State of California ,I County of Orange On 02/05/2014 before me, J.DeIongh,Notary Public yy Date Here Insert Name and Title of the Officer personally appeared Michael J.Carver '� Name(s)of Signer(s) Y Ni who proved to me on the basis of satisfactory I evidence to be the personf4 whose name is/are subscribed to the within instrument and acknowledged to me that he/&4@44W executed the same in his/Ae"t9eir authorized capacity i , and that by his/her/their signature(61 on the instrument the J. DEIONGH person�'j, or the entity upon behalf of which the Commission# 1954610 z person acted, executed the instrument. A•= ®) Notary Public - California � ( `z '•``"` Orange County ? � 20 Expires Oct 28 My Comm. , 15 f certify under PENALTY OF PERJURY under the ' laws of the State of California that the foregoing ) paragraph is true and correct. ' I WITNEMha fficial seal. Signatu Place Notary Seal Aboveqature of Notary PublicI 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 this form to another document. Description of Attached Document Title or Type of Document- I Document Date: Number of Pages: •1 Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): O Individual IMMOR11. ❑ IndividualI O Partner —O Limited O General . Top of thumb here CJ Partner — O Limited Cl General Top of thumb here O Attorney�m Fact O Attorney in Fact O Trustee ❑Trustee O Guardian or Conservator ❑Guardian or Conservator Other: ❑Other: Signer Is Representing: Signer Is Representing: ;l ®2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 ACKNOWLEDGEMENT State of California County of Orange ) On February 4, 2014 before me, Kelly A. Vincent, a Notary Public (insert name and title of the officer) personally appeared James Scott Salandi, Attorney-in-fact 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. OElOF> d KELLYA.VINCENT CM COMM.,� COMM.#2029982 w NOTARY Pl1BUC•CAUFDPJ IA; ORANGE COUNTY CA MY COINK EXP.JUNE 21,217 Signature eal) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint James Scott Salandi,Leonard Ziminsky,David Jacobson,Individually of Irvine,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 22nd day of January,2014. WESTERN SURETY COMPANY a°ASVRET�Y''w,, •.. s'SE Ab•'c°�= ZPaul T.Bruflat,Vice President State of South Dakota 1 JT County of Minnehaha ss On this 22nd day of January,2014,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J.MOER { June 23,20I5 T SEAL NOTARY PUBLIC sen� f t SOUTH DAKOTA fJ L9'�Yt/1/ }4+Y�tiY�+M�WtiNW+htitiM�M�ti+ J.Mohr,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation pn ted on the reverse er f is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 7L day ofL - 920,4 � ErYw WESTERN SURETY COMPANY 4Q�t.'•`"_.......Boa 1 pPORq`;Zt =x; w:SEAb'a�: L.Nelson,Assistant Secretary Form F4280-7-2012 This Document was electronically recorded by PLEASE COMPLETE THIS INFORMATION City of Huntington Beach RECORDING REQUESTED BY: Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder II IIII I II 11111111111111111111111111111111111111111111111111 IIIIIINCI FEE 2013000699555 01:57pm 12/19/13 WHEN RECORDED MAIL TO: 37 406 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CITY OF HUNTINGTON BEACH Attn: Eric Charlonne P.O. Box 190—2000 Main Street Huntington Beach, CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to RJ Noble Company, Inc. who was the company thereon for doing the following work to-wit: SLATER ACCESS ROAD PROJECT CC 1445 That said work was completed December 19, 2013 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 December 19, 2013, per City Council Resolution No. 2003-70 adopted October 6,2003. That upon said contract Western Surety Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this December 19,2013. A.//piredtbr of c ors or City Engineer ✓City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach,California,this December 19,2013. erector of Public Works or City Engineer This document is solely the official business of pCity of Huntington Beach, California the City of Huntington Beach, as contemplated under Government code section. 6103 and should be recorded free of charge. THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) r RECEI E Y: ,, CITY CLERK RECEIPT COPY { Return DUPLICATE to City Clerk's Office (Nar(ie) after signing/dating (Date) J, CITY OF HUNTINGTON BEACH • INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Cler tie- DATE: C SUBJECT: Bond Acceptance I have received the bonds for (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. 7-Z 00 Payment Bond (Labor and Materials) Bond No. ' 6 Q tw 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 C� TC—ouncif Approval Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. Other No. SIRE System.ID No.. " 9 g1forms/bond transmittal to treasurer CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND R. J. NOBLE COMPANY, INC. FOR SLATER PUMP STATION ACCESS ROAD REHABILITATION PROJECTC TABLE OF CONTENTS Page No. 1. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS .6 9. WARRANTIES 7 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 11 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION,DEFENSE,HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 14 21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT&TERMINATION 16 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS,ESTIMATES AND OTHER 17 26. NON-ASSIGNABILITY 17 27. CITY EMPLOYEES AND OFFICIALS 17 28. STOP NOTICES 17 29. NOTICES 18 30. SECTION HEADINGS 18 31. IMMIGRATION 19 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 19 33. ATTORNEY'S FEES 19 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 20 36. DUPLICATE ORIGINAL 21 37. CONSENT 21 38. SURVIVAL 21 39. MODIFICATION 21 40. SIGNATORIES 21 41. ENTIRETY 21 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND R. J. NOBLE COMPANY, INC. FOR SLATER PUMP STATION ACCESS ROAD REHABILITATION PROJECT THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and R. J. Noble Company, Inc., a California Corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Slater Pump Station Access Road Rehabilitation Project 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 g/agree/surfnet/cityconst I of 22 12/11 be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be 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; g/agree/surfnet/cityconst 2 of 22 12/11 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California ,Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOWs proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/surfnet/cityconst 3 of 22 12/11 "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed two hundred fifty one thousand five hundred seventy Dollars ($251,570.00), 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 twenty five (25) 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 g/agree/surfnet/cityconst 4 of 22 12/11 necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and,CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance 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 g/agree/surfnet/cityconst 5 of 22 12/11 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. 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, g/agree/surfnet/cityconst 6 of 22 12/11 material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total 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 day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which' represents a reasonable endeavor by the parties hereto to estimate a fair g/agree/surfnet/cityconst 7 of 22 12/11 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. 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 g/agree/surfnet/cityconst 8 of 22 12/11 shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. g/agree/surfnet/cityconst 9 of 22 12/11 B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS 1N ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof From each progress estimate, five percent(5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the g/agree/surfnet/cityconst 10 of 22 12/11 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 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 a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the g/agree/surfnet/cityconst 11 of 22 12/11 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone g/agree/surf iet/cityconst 12 Of 22 12/11 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. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall 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. g/agree/surfnet/cityconst 13 of 22 12/11 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention without the express written consent of CITY; however an insurance policy"deductible" of$5,000.00 is permitted. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney g/agree/surfnet/cityconst 14 of 22 12/11 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. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten(10) days of receipt of such claim or claims. g/agree/surfnet/cityconst 15 of 22 12/11 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. 24. TERMINATION FOR CONVENIENCE . CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, g/agree/surfnet/cityconst 16 of 22 12/11 and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of g/agree/surfnet/cityconst 17 of 22 12/11 One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR 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 R. J. Noble Company, Inc. ATTN: David Verone 15505 E. Lincoln Avenue 2000 Main Street Orange, CA 92865 Huntington Beach, CA 92648 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or g/agree/surfnet/cityconst 18 of 22 12/11 describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction g/agree/surfnet/cityconst 19 Of 22 12/11 to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be.curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument,as against any party who has signed it. g/agree/surfnet/cityconst 20 of 22 12/1-1 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. 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. 41. 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, g/agree/surfnet/eityconst 21 of 22 12/11 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ` Z9 20/. CONTRACTOR CITY OF HUNTINGTON BEACH,,a muni ' 1 corporation o he State.of California R. J. Noble Company, Inc. .6�� Aex�_ Mayor Aq B :X Y 4� MICHAEL J.CAR PRESIDENT CW Clerk print name 9hd'1t ITS: (circle one)Chairm residen ice President INITIATED AND APPROVED.- AND Director of Public Works By:X � STEVE MENDO ,SECRETARY REVI 4 AND APPROVED: pri e ITS: (circle one Secret a Chief Financial Officer/Asst. Secretary-Treasure 1ty Manager APPROVED AS TO FORM: IU YV ` City Attorney � - � 13 g/agree/surfnet/cityconst 22 of 22 12/11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California h' 1 County of Orange On 08/19/13 before me, J.DeIongh,Notary Public Date Here Insert Name and Title of the Officer ff. personally appeared Michael J.Carver Name(s)of Signer(s) 9 t( who proved to me on the basis of satisfactory 95 evidence to be the person fg�whose name is/af& ,i subscribed to the within instrument and acknowledged to me that he/s4@A6@,t executed the same in his/weir authorized capacity ia< and that by his/her/their signatureW on the instrument the persona, or the entity upon behalf of which the J. DEIONGH person acted, executed the instrument. Commission # 1954610 Z z (� ^ Notary Public California DI z r,' F` . Orange County I certify under PENALTY OF PERJURY under the My Comm.Expires Oct 28,2015 laws of the State of California that the foregoing paragraph is true and correct. WITNESS-my hand a f cial seal. Signatu I Place Notary Seal Above Signature of Notary Public t 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 this form to another document. Description of Attached Document Title or Type of Document: '•i Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual Wom ❑ Partner —❑Limited ❑General Top of thumb here ❑ Partner — ❑Limited ,F_].General Top of thumb here ❑ Attorney in Fact ❑Attorney in FactI ❑ Trustee ❑Trustees ❑ Guardian or Conservator ❑Guardian or Conservator j Other: ❑Other: Signer Is Representing: Signer is Representing: U 2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT civic.CODE 6 ,is9 State of California ' County of Orange fiOn 08/19/13 before me J.DeIongh,Notary Public Date Here Insert Name and Title of the Officer personally appeared Steve Mendoza Name(s)of Signer(s) f ') who proved to me on the basis of satisfactory evidence to be the personk4 whose name War& subscribed to the within instrument and acknowledged to me that he/94@44W executed the same in his/fir authorized capacity i , and that by J. DEIONGH his/her/their signature(61 on the instrument the Commission # 1954610 � personof, or the entity upon behalf of which the Jill z:'8�_ Notary Public -California z persono acted, executed the instrument. Orange County My Comm.Expires Oct 28,2015 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 fficial seal. I Signatur ; ( Place Notary Seal Above N Signature of Notary Public OPTIOAL 11 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 this form to another document. Description of Attached Document Title or Type of Document: -i Document Date: Number of Pages: T Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): ❑Corporate Officer — Title(s): O Individual ❑ Individual O Partner —❑Limited O General Top of thumb here ❑ Partner — ❑ Limited Fl General Top or thumb here ❑ Attorney in Fact D Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator O Guardian or Conservator ICJ Other: ❑Other: Signer Is Representing: Signer is Representing: U 2010 National Notary Association•NationalNotary.org•1.800-US NOTARY(1-800-876-6827) J Item#5907 SECTION C PROPOSAL for the construction of SLATER PUMP STATION ACCESS ROAD REHABILITATION PROJECT from Pump Station to Graham Street CC NO. 1445 in the 4 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 25 working days, starting from the date of the Notice to Proceed BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc , and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void Accompanying this proposal of bid, find 10%BID 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", as the case may be) Bidder shall signify receipt of all Addenda here, if any Addenda No. Date Received Bidder's Signature 1 C-2 SECTION C PROJECT BID SCHEDULE SLATER PUMP STATION ACCESS ROAD REHABILITATION PROJECT CC NO. 1445 PROJECT BASE BID AND ADDITIVE ALTERNATE #1 BID: Basis of Award SLATER PUMP STATION ACCESS ROAD REHABILITATION BASE PROJECT AND ADDITIVE ALTERNATE #1,CC NO. 1445 . . . . . C-2.3 to C-2.10 1. SLATER PUMP STATION ACCESS ROAD REHABILITATION PROJECT $ 259, 551 . 00 2. ADDITIVE ALTERNATE #1 $ 21, 0 52. 00 TOTAL AMOUNT LUMP SUM BID IN FIGURES (TOTAL FOR ITEMS 1 AND 2)' $ ��. tvO3•DO BASIS.OF AWARD C-2.1 SECTION C PROJECT BID SCHEDULE SLATED PUMP STATION ACCESS LOAD REHABILITATION PROJECT CC NO. 1445 SUBSTITUTIVE ALTERNATE #1: SUBSTITUTE NEW SECURITY FENCING FABRIC PER SPECIFICATIONS AND ATTACH TO EXISTING FENCE POSTS. . . . . . . . . . . . . . . . . . . . . . . . . . C-2.10 SUBSTITUTIVE ALTERNATE #1 TOTAL AMOUNT LUMP SUM.BID IN FIGURES: $ 15, 730. 0Q IF SELECTED BY AGENCY THIS SHALL REPLACE BID ITEM NUMBER 7 IN THE PROJECT BASE BID (NOT THE ADDITIVE ALTERNATE BID ITEM). C-2.2 SECTION C PROJECT BID SCHEDULE SLATER PUMP STATION ACCESS ROAD REHABILITATION PROJECT CC NO. 1445 SLATER PUMP STATION ACCESS ROAD REHABILITATION PROJECT . from Slater Pump Station to Graham Street CC No. 1445 C-2.3 PROJECT BID SCHEDULE Slater Pump Station Access Road Rehabilitation, CC-1445 Coiist :Item: :Coritract Unit �ctenideii :IV©te :fVd. Des�Tl . . pioxi: Quantity: lJriif :Pricy Aeriour�t COLD MILL EXISTING A.C. AND 1 A.B. TO A DEPTH OF 0.25' FROM 20000 SF $ � $ NEW FINISHED SURFACE PER TYPICAL SECTION SHEET 4. SAWCUT AND EXCAVATE 3 2 EXISTING A.C., A.B. AND/OR 40 CY SUBGRADE TO A MAX DEPTH OF 0.67' PER DETAIL SHEET 3. CONSTRUCT NEW 0.42'A.B., 3 3 OVER 95% COMPACTED 45 TN $ 33 $ � SUBGRADE PER DETAIL SHEET 3. CONSTRUCT A 0.25 TYPE III-C3 4 4 PG 64-10 OVERLAY AND 400 TN $ 1l/ $ LEVELING COURSE PER TYPICAL SECTION SHEET 4. 1/ REMOVE EXISTING A.C., A.B. AND/OR SUBGRADE AND CONSTRUCT MODIFIED 3' LONGITUDINAL GUTTER PER 5 6 HB STD. PLAN 218 AND DETAIL 1175 LF $ Cry SHEET 4. (ITEM INCLUDES EXCAVATION OR FILL, AGGREGATE BASE,AND SLOT PAVEMENT.) REMOVE EXISTING A.C., A.B. AND/OR SUBGRADE TO DEPTH OF 0.50' BETWEEN EXISTING CHANNEL AND NEW AC 6 6 PAVEMENT THEN CONSTRUCT 4310 SF $ $_ 2-SACK CONCRETE SLURRY OVER NEWLY GRADED SURFACE, PER TYPICAL SECTION ON SHEET 4. C-2.4 PROJECT BID SCHEDULE Slater Pump Station Access Road Rehabilitation, CC-1445 Coast; :Item: :Coritract Unit Etc1<onided' :Note :Nd. ®esEriptioii: Quantity: :Unit' :Price -Airtottrlt- REMOVE EXISTING CHAIN LINK FABRIC AND INSTALL NEW MASTER HALCO 5/8" MESH SIZE, 9 GAUGE, HIGH SECURITY $ `TV.30 $ 1,01,03 CHAIN LINK FABRIC OR CITY APPROVED EQUAL OVER EXISTING UPRIGHTS. (APPROX 6' HIGH FENCE.) CONSTRUCT GRATING CATCH BASIN WITH 8" DIA. H.D.P.E. DRAIN LINE CORED INTO CHANNEL WALL FROM NEW CATCH BASIN PER HB STD. 8 $ PLANS 109, 315, APWA STD 1 EA $ l yy $1 . PLANS 304, 308, 309, 311, 332, 635, 636 AND DETAIL ON SHEET 3. (ITEM INCLUDES EXCAVATION, AGGREGATE BASE, LOCAL DEPRESSION, CORING AND GROUTING.) REPLACE WATER VALVE BOX 9 9 PER STD PLAN 612 AND 1 EA $ $ O ADJUST TO MATCH NEW FINISHED SURFACE. CONSTRUCT 2"X6" REDWOOD HEADER BOARD WITH 2"X4"X24" REDWOOD.STAKES 10 10 SPACED 4-FOOT ALONG 1190 LF $ 5.5b $6 HEADER AND ATTACH HEADER TO STAKES WITH STAINLESS STEEL SCREWS (2 MIN. PER STAKE). REMOVE EXISTING MISCELLANEOUS CONCRETE 11 11 AND POST FOOTING 1 LS $ 100 $ CONCRETE. 12 12 GRADE EXISTING UNIMPROVED 800 SF $ 3,I. $ AREA TO DRAIN C-2.5 PROJECT BID SCHEDULE Slater Pump Station Access Road Rehabilitation, CC-1445 Coiist .:Itetii: :froritract : LJitit : E�c1`eitideci Note :Nd.: De!SETip lOn: Quat.tity :WTiit.: ::PTIci~ :�Ahioitrit: INSTALL WHITE 4-INCH WIDE 13 13 EDGE LINE REFLECTIVE 1190 LF $ $j4-3 _ TRAFFIC STRIPE 1-FOOT OFF REDWOOD HEADER BOARD. 14 CONSTRUCTION STAKING 1 LS $ $ b� PREPARE CORNER RECORD qq� 14 15 (PRE-AND/OR POST 1 EA $r55''IVV_ $ 60 CONSTRUCTION) FOR SURVEY MONUMENTATION. 16 MOBILIZATION 1 LS $ $.07,7yQ SWPPP (INCLUDES SANDBAGS 17 ALONG CHANNEL, 1 FEET 1 LS $ 10too - $(6 90b INSIDE FENCE LINE) Total Amount Bid in Figures: $ 256 551 .vo Total Amount Bid in Words: &6 fQ A&., hoaad b no Le-4--A 1/ AN ADJUSTMENT OF,CONTRACT UNIT PRICE, AS INDICATED IN THE - GREENBOOK STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTIONS 3-2.2.2 AND 3-2.2.3, WILL NOT BE ALLOWED AND ARE HEREBY DELETED FOR ITEMS INDICATED'WITH THIS FOOTNOTE. C-2.6 SECTION C PROJECT BID SCHEDULE SKATER PUMP STATION ACCESS ROAD REHABILITATION PROJECT CC NO. 1445 ADDITIVE ALTERNATE #1: IF SELECTED BY AGENCY THIS SHALL BE INCLUDED WITH THE PROJECT BASE BID ITEMS. C-2.7 PROJECT BID SCHEDULE ADDITIVE ALTERNATE#1, CC-1445 Corist: .It. . .E . .. Al it: :Ei.fen... No «,:' D�sciption QRnilry: :Ulnit PP iCe Rukn>k SAWCUT AND EXCAVATE 3 1 EXISTING A.C., A.B. AND/OR 180 CY $ -04 SUBGRADE TO A MAX DEPTH lwv OF 0.67' PER DETAIL SHEET 3 CONSTRUCT NEW 0.42'A.B., 3 2 OVER 95% COMPACTED 220 TN SUBGRADE, PER DETAIL SHEET 3. CONSTRUCT A 0.25'TYPE III-C3 PG 64-10 OVERLAY AND aZ 4 3 LEVELING COURSE PER 130 TN $J&L $ ��✓ TYPICAL SECTION SHEET 4. 1/ REMOVE EXISTING A.C., A.B. AND/OR SUBGRADE TO DEPTH OF 0.50' BETWEEN EXISTING CHANNEL AND NEW AC 6 4 PAVEMENT THEN CONSTRUCT 250 SF $ yU 2-SACK CONCRETE SLURRY OVER NEWLY GRADED SURFACE, PER TYPICAL SECTION ON SHEET 4. CONSTRUCT 2"X6" REDWOOD HEADER BOARD WITH 2"X4"X24" REDWOOD STAKES 10 5 SPACED 4-FOOT ALONG 160 LF $ 0.ZQ $HEADER AND ATTACH HEADER TO STAKES WITH STAINLESS STEEL SCREWS (2 MIN. PER STAKE). RAISE EXISTING WATER METER " 15 6, BOX TO GRADE PER HB STD 1 EA $ D $ 2 / PLAN 603. CONSTRUCT TEMPORARY 16 7 FENCING DURING 20 LF $ 10 $ 64 CONSTRUCTION. C-2.8 PROJECT BID SCHEDULE ADDITIVE ALTERNATE#1, CC-1445 Coiist: ..I.. . . :Cohfrac : :lJnit:: :€i�tenileid: D�. c�ption:: .Qir�ntily; U�itt REMOVE EXISTING CHAIN LINK FABR ACCOMMODATE 17 8 CONSTRUCTION AND PROTECT 65 LF $ 1.8a $ EXISTING UPRIGHTS IN PLACE. (APPROX 6' HIGH FENCE.) 9 CONSTRUCTION STAKING 1 LS $ qOD $ �Ob 10 SWPPP ADDITIONAL WORK 1 LS $ _ $ Total Amount Bid in Figures: $ z 057�..�® Total Amount Bid in Words: , v Q aCle 11 AN ADJUSTMENT OF CONTRACT UNIT PRICE, AS INDICATED IN THE GREENBOOK STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTIONS 3-2.2.2 AND 3-2.2.3, WILL NOT BE ALLOWED AND ARE HEREBY DELETED FOR ITEMS INDICATED WITH THIS FOOTNOTE. C-2.9 SECTION C PROJECT BID SCHEDULE SLATER PUMP STATION ACCESS ROAD REHABILITATION PROJECT CC NO. 1445 SUBSTITUTIVE ALTERNATE #1: Item Contract Unit Extended No. Quantity Unit Description Price Amount REMOVE EXISTING CHAIN LINK FABRIC TO ACCOMMODATE CONSTRUCTION 7 1210 LF AND RE-INSTALL EXISTING CHAIN LINK $-J a-Do $ FABRIC OVER EXISTING UPRIGHTS. (APPROX 6' HIGH FENCE.) Total Amount Bid in Figures: $ 73 Total Amount Bid in Words: ........... .................................... u Od -M it dolla.4 and nO C014 IF SELECTED BY AGENCY THIS SHALL REPLACE BID ITEM NUMBER 7 IN THE PROJECT BASE BID (NOT THE ADDITIVE ALTERNATE BID ITEM). C-2.10 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 Subcontractor State Class Dollar % of Item(s) License Amount Contract Number vV lwnvwqeqknW 3� 1 13,3LTr--' 1 5 pro&st Ar A150 p ODIC S 4 lVllg�l'' .p��,orn l22gs %d-75 22076 1 w.� �ub4ih.i 13 �o� w• G-�-�re- caz NISCuS�I 1- ll/ �-' CO3�vb 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 , at ORANGE CA Date City State MICHAEL J.CARVER , being first duly sworn, deposes and says that he or she is PRESIDENT of R.J.NOBLE COMPANY 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. R.J.NOBLE COMPANY Name of Bidder KHature of Bidder AEL J.CARVER,PRESIDENT 15505 E.LINCOLN AVENUE,ORANGE,CA 92865 Address of Bidder C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE i State of California County of Orange On 07/23/13 before me J.DeIongh,Notary Public t Date Here insert Name and Title of the Officer T yappearedMichael J.Carver personal) Name(s)of Signers) who proved to me on the basis of satisfactory i evidence to be the personje�whose name(,sf is/are- subscribed to the within instrument and acknowledged to me that he/ executed the same in his/AeMK& authorized capacity ie< and that by his/her/their signature(sl on the instrument the I person, or the entity upon behalf of which the J. DEIONGH person acted, executed the instrument. r\ Commission # 1954610 z Notary Public -California D I certify under PENALTY OF PERJURY under the z Orange County My Comm.Expires Oct 28,2015 laws of the State of California that the foregoing J paragraph is true and correct. WITNESS my nd and fficial.seal Signature: Piece Notary Seal Above /�gp® D ignature of Notary Public OPTI NA j (` 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 this form to another document. Description of Attached Document Title or Type of Document: i Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer —'Titie(s): ❑ Individual _ ❑ Individual = El Partner — ❑Limited ❑General Top of thumb here ❑Partner — ❑Limited J General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact I I Trustee ❑Trustee F ❑ Guardian or Conservator ❑Guardian or Conservator Other: [J Other: Signer Is Representing: Signer Is Representing: 1 c6G�^L'Ia`E'�4�%C:��"�f5__�ru, � J y -, y„�v'�-'G"�'r^��S?�y __ _ _. 'v_%C�`a%k.`T��'�S .GSE.so'�',^�5�'d6'�-✓-,0'� ©2010 National Notary Association•NationalNotary.org•1.800 US NOTARY(1-800-676-6827) Item#5907 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 SLATER.PUMP STATION ACCESS ROAD REHABILITATION PROTECT, CC No. 1445, (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. R.J.NOBLE COMPANY Contractor x B MICHAEL J.CARVER,PRESIDENT Title 7/23/13 Date: C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes No If the answer is yes, explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. R.J.NOBLE COMPANY Contractor x MICHAEL J.CARVER,PRESIDENT Title Date: 7/23/2013 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: R.J.NOBLE COMPANY Bidder Name 15505 E.LINCOLN AVENUE Business Address ORANGE, CA 92865 City, State Zip 714 1 637-1550 Telephone Number 782908 CLASS A&C-12 State Contractor's License No. and Class 08/2000 Original Date Issued 08/2014 Expiration Date The work site was inspected by AUSTIN CARVER of our office on JULY 16,2013 ,2013 The following are persons, firms, and corporations having a principal interest in this proposal: R.J.NOBLE COMPANY A CALIFORNIA CORPORATION MICHAEL J.CARVER, CRAIG PORTER,VICE STEVE MENDOZA, CHRIS PAGE,ASSISTANT JAMES N.DUCOTE, 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. R.J.NOBLE COMPANY Company Name x Signatur of Bidder MICHAEL J.CARVER,PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this 231�day of JULY 2013 ` �. oEIONCH Commission # 1954610 a s Notary Public-California z z �r � Orange County D My Comm.Expires Oct 28,2015 NOTARY PUBLIC ak/� J.JONGH NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: l. CITY OF DANA POINT-33282 GOLDEN LANTERN,DANA POINT,CA 92629-1805 Name and Address of Public Agency Name and Telephone No. of Project Manager: ARCHIE REMPHER 949-248-3558 $1.4 MIL ANNUAL ROADWAY RESURFACING 05/2011 Contract Amount Type of Work Date Completed 2 CITY OF NEWPORT BEACH-3300 NEWPORT BLVD,NEWPORT BEACH,CA 92658 Name and Address of Public Agency Name and Telephone No. Of Project Manager: ALFRED CASTANON 949-644-3314 $1.2 MIL HARBOR VIEW HILLS SOUTH&NEWPORT HEIGHTS PAVEMENT REHAB 09/2011 Contract Amount Type of Work Date Completed 3 CITY OF FULLERTON-303 W.COMMONWEALTH AVENUE,FULLERTON,CA 92832-1775 Name and Address of Public Agency Name and Telephone No. of Project Manager: ERIC VILLAGRACIA 714-738-6853 $930K ORANGETHORPE AVENUE RECONSTRUCTION 05/2011 ' Contract Amount Type of Work Date Completed C-9 Western Surety Company BID BOND (Percentage) Bond Number: N/A KNOW ALL PERSONS BY THESE PRESENTS, That we _R.J_ Noble Company of Orange _ _ hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly,bound unto City of Huntington Beach hereinafter referred to as the Obligee, in the sum of _ —_-_._._._____.__:.(__�0--%) percent of the greatest amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for_..___.-------_.— CC No. 1445; Slater Pump Station Access Road Rehabilitation Project from Pump Station to Graham Street. NOW,.THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or cont.ract docurrients vvitlh suiety acceptable to Obligee; or II Principal shail fail to do So, ray to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this -__ 15th day of _- July 2013 R.J. Noble Company (Principal) By X .. (Seal) M HAEL J. CARVER, PRESIDENT Western Suret n ety) BY —----- —-- - . (Seal) Ja �al Attorney-in-Fact Form F5876 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 YYyQ�r,F,�� .. ,. > �. ... > a �. � -,. ,.. r .. �. _ �. � :.. �.•,F,:rzca�xc-'�:et;��zZc'�F`�.�r-��.,c-�c-��c fug`�¢ca��"�� ityr*r�� i State of Californial 1 County of Orange ' fi before me, On 07/16/13 J.DeIongh,Notary Public r� Date Here Insert Name and Title of the Officer I t� l personally appeared Michael J.Carver r< Name(s)of Signer(s) o I who proved to me on the basis of satisfactory evidence to be the person fs whose name}'is/a subscribed to the within instrument and acknowledged . i ( to me that he/s4@44iW executed the same in hisir authorized capacity i and that by ( his/her/their signatureW on the instrument the J. DEIONGH Commission # 1954610 persong, or the entity upon behalf of which the a 'C= � z person acted, executed the instrument. , Z c "� yo Notary Public-Ca z z "''' Orange County v My Comm. Expires Oct 28, 2015 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 d o ial seal. I Signature: (� Place Notary Seal Above S nature of Notary Public OPTIONAL """SSSI Though the information below is not required by law, it may prove valuable to persons relying on the document 6 and could prevent fraudulent removal and reattachment of this form to another document. Description of Affached Document. Title or Type of Document: 1 Document Date: Number of Pages: i Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 9 Signer's Name: ❑ Corporate Officer — Title(s): CI Corporate Officer — Title(s): ❑ Individual WON ElIndividual ❑ Partner —❑Limited ❑General Top of thumb here D Partner — ❑ Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee , ❑ Guardian or Conservator ❑Guardian or Conservator i Other: ❑Other: Signer Is Representing: Signer is Representing: 1 c�k^��x�^E'�^��G�G "��n�._; ._' _ � s'�^�s"apt:�Sa%ts�=ro't_'•H`�;�16 %(��_,cX� r�2010.National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 ACKNOWLEDGMENT State of California County of Orange ) On July 15th, 2013 before me, Kelly A. Vincent (insert name and title of the officer) personally appeared James Scott Salandi, Attorney-in-Fact 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. KELLYA.VINGrm1r COMM, # 2029982 W ® NOTARY PUSUC•CAUFORNIA ORANGE COUNTY INY IMR EXP.JUNE 21,2017 Signature (Seal) t �Vestern SuretyCompany POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,Thnl ',k'ES'fE.RN SURFTY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint James Scott Salandi, Leonard Ziminsky, David Jacobson, Individually of Irvine,CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instrumcnis of similar nature - In I.InBimited Amounts - and to bind it thereby as fully and In the same extent as if such instmments were signed by a duly authorized offaer of the corporation and all the acts of said Attomey, pursuant to the authority hereby gi%cn, are herchy ratifiecl and confirmed. This Power of Attomey is made and exceuled pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,w indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be, signed by its Vice President.and its corporate seal to be hereto affixed on this 8th clay of April,2013. SF WESTERN SURETY COMPANY �We pv DAq'Ot'$, .+ aul T. Bruflat,Vice President State of South Dakota ss County of Minnel On this 8th day of April,2013,before me personally came Paul T. Bruflat, to me known,who, being by me duly swom,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY de.ccrihedn and which executed the above instrument; that he knows the seal of'said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + ).MOHR { June 23,2015 ¢ SnA,NOTARY PUBLIC CEAL Kc. SOUTH DAKOTA r J, Mohr,Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force,and further certify that the By-Law of th- corporation printed on the reverse ere of s still in force. In testimony whereof i have hereunto subscribed my name and affixed the seal of the said corporation this�� __day of I?DI�. RE WESTERN WESTERN SURETY COMPANY a. P y L.Nelson, Assistant Secretary Form F4280-7-2012 L a e . ENGINEERING CONTRACTORS 15505 E LINCOLN AVENUE•P O BOX 620,ORANGE,CA 92856 (714)637-1550 TO: CITY OF HUNTINGTON MACH CITY CLERK 2ND FLOOR Z000 MAIN STREET HUNTINGTON BEACH,CA 926+8 "pA.. .�.. ' nr i��'�.'pn�T ..,� SLATER PUMP STATION ACCESS ROAD REHABILITATION PROJECT, HUNTINGTON BEACH � I " ,` BID DATE J U LY 23, 2013 ', �' BID TIME 2 00 PM i � �� fro .��? ��+'f �`u��a�; ri, — �4 4 r i✓,�,F F;�,�� S- CITY OF HUNTINGTON BEACH tAlA 6,M E 2 SLATER PUMP STATION ACCESS ROAD C.C. NO. 1445 BID OPENING DATE: DULY 23, 2013 TIME: 2:00 PM ENGINEER'S ESTIMATE: $100,000 - $150,000 BIDS SUBMITTED (AS READ AT OPENING) ..A .0. NT::: R: ::N RANK:: PpARhl7::k�ip. M 1 All American Asphalt located in Corona 2 G21K Construction, Inc. located in Encino 3 HAITBRINK ASPHALT PAVING INC located in Corona 4 Patriot Paving located in Orange 3 5 R.J. Noble Company located in Orange Ted Enterprises Inc. located in San 6 Clemente 700 7 United Paving Company located in La Mirada s 9 10 11 Bid Opening Worksheet City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov v , Office of the City Clerk Joan L. Flynn, City Clerk September 10, 2013 R. J. Noble Company, Inc. 15505 E. Lincoln Avenue Orange, CA 92865 Re: Slater Pump Station Access Road Rehabilitation Project— CC-1445 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, Joy L. Flynn, CIVIC City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister Cities: Anjo,Japan ♦ Waitakere, New Zealand Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.D. 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: Project: The undersigned contractor on the above-referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_, at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] R A ORNEY I 245911.1 CONTRACTOR'S CERTMCATE I, , state and certify that: (Name of Declarant) 1. is the general contractor to the City of Huntington Beach ("City"} on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the"Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contrast). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied(list unpaid debts and claims; if none, write"NONE"): 4. Attached hereto are the.lien waivers required by the Contract Documents, which Lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forthh below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write"NONE"): I declare under penalty of perjury under the laws of the State of California that the foregong is true and correct. Executed at on this day of , 20' (Signature of Declarant) APPROVED AS TO FORM By: t�/a -lU 3 • Z°-a� Name: [Type Name] Title: [Type Title] 1 245914.1 Certification of Compliance with PrevaWng 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: Project: The undersigned contractor on the above-referenced project ("Project") hereby certifies tluat 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 day of , 20 , at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] j�` CrFY ATM Y -TLS o3 � •tstp 1 24756L1 AC40 ® CERTIFICATE OF LIABILITY INSURANCE DATE(MMDD/YYYY) /2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Patriot Risk& Insurance Services CONTACT NAME: 8105 Irvine Center Drive#400 PHONE o E FAX A/C No: 4 - Irvine, CA 92618 - E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC# www.patrisk.com OG55454 INSURER A: National Union Fire Insurance Co.of Pittsburgh PA 19445 INSURED INSURER B R. J. Noble Company, Inc. 15505 Lincoln Avenue INSURERC: P.O. Box 620 INSURER D: Orange CA 92856-9020 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 17539488 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE.TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE D UBR POLICY NUMBER POLICY M DI D/YYYY MM/DD/YYYY LIMITS Y EXP LTR A GENERAL LIABILITY �/ ✓ 4522711 7/1/2013 7/1/2014 EACH OCCURRENCE $ 1,000,000 v/ COMMERCIAL GENERAL LIABILITY DAMAGES( RENTED 300,000 $PREMISES(Ea occurrence CLAIMS-MADE 1z OCCUR MED EXP(Anyone person) $ 5,000 ✓ $5,000 Deductible PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY PRO LOC $ A AUTOMOBILE LIABILITY ✓ 3275229 7/1/2013 7/1/2014 (CEO,accclideDtSINGLE LIMIT $ 1,000,00 ✓ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS AUTOS $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS ✓ AUTOS Per accident $ ✓ Comp/Coll$2,500 Deductible $ $ A UMBRELLA LIAB �/ OCCUR BE031730985 7/1/2013 7/1/2014 EACH OCCURRENCE $ 10,000,000 ✓ EXCESS LIAB CLAIMS-MADE Policy Follows Form Over AGGREGATE $ 10,000,000 DED RETENTION$ Underlying General Liab. $ Policy $ $ A WORKERS COMPENSATION ✓ 67712744 7/1/2013 7/1/2014 WCSTATU- OR- AND EMPLOYERS'LIABILITY TORY LIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE a NO Deductible for Workers E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A Compensation (Mandatory m NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A ROE AS TO FORM E F R DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is re I 1 Re:RJN#91423,CC-1445;Slater Access Road Rehabilitation Project D puty Ci A City of Huntington Beach, its officers,elected and appointed officials,employees,agents and volunteers are nameQ as'Mtnirenal Insured and Primary &Non-Contributory as respects to General and Auto Liability per endorsements attached where required by written contract.Workers Compensation Waiver of Subrogation applies per endorsement attached.30 days notice of cancellation, 10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Department of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street P.O. Box 190 AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 r�C'/ 1 / Leonard E.Zimir ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ART_NO..:_17539988_ Annette_Romero_9,/4[2013.4_:14:11 M$age_1_of 5 POLICY NUMBER 4522711 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Cd of Huntington Beach,its officers,elected and appointed Re RJN#91423,CC-1445,Slater Access Road Rehabilitation offycials,employees,agents and volunteers Project Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Section II — Who Is An Insured is amended to B. With respect to the Insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or personal and advertising injury "property damage"occurring after caused, in whole or in part, by 1. Your acts or omissions, or 1. All work, including materials, parts or equip- ment furnished in connection with such work, 2 The acts or omissions of those acting on your on the project (other than service, maintenance behalf, or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed, or nated above 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project CG 20 10 07 04 ©ISO Properties, Inc , 2004 Page 1 of 1 ❑ ,$RT NO 12539488 Annette Romero 9,/412013 4 10, 11 M gage 2 of 5 , - - POLICY NUMBER:4522711 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations City of Huntington Beach,its officers,elected and appointed Re:RJN#91423,CC-1445;Slater Access Road Rehabilitation officials,employees,agents and volunteers Project Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury" or"property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ ;$RT_NO-..:_1753,.9488_ Annette_Rpmero_8,/4[2.013_4_:10,:11 PA age_3_o£ 5_ ENDORSEMENT This endorsement, effective 12:01 A.M. 7/1/2013 forms a part of policy NO.3275229 issued to R.J. Noble Company, Inc. by National Union Fire Insurance Co.of Pittsburgh PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: City of Huntington Beach, its officers, elected and appointed officials, employees, agents and volunteers Re: RJN#91423, CC-1445; Slater Access Road Rehabilitation Project I. SECTION 11 - LIABILITY COVERAGE, A. Coverage, 1. -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 12) The coverage and/or limits required by said contract or agreement. Authorized Representative or Countersignature (in States Where Applicable) 87950 110/05) Page 1 of 1 ART NO_..__17539088__ Annette_Rpmero_9,/41,2013.4_;10,_11 PA Rage_4_of 5 __ BLANKET WAIVER OF OWR'RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes.the policy to which It attached effective on the Inception date of the policy unlessa different date ~ ._Indicated below. (The fol^owxn;^omachaQ clause"need be completed only when thIs endorsement Is Issued subsequent-m'preparation nfVm.nomny). This endorsement, ofeodVe12:O1 Akn7/1/2O13 forms u part of FoUoy1Vo.87712744 issued to R. J. Noble Company, Inc. By VVe have aright to recover our'payments from anyone liable for on Injury covered by this policy. VVe will not enforce our right against any person or organization with whom you have m written contract that requires you to obtain this agreement from'us, os regards any work you perform for such person ororganization. The additional premium for this endorsement shall be 96of the total estimated workers compensation premium for this policy. ` . ' ` ` �r w / 4^ WC 040361 Countersigned by - - -- - - - - - - - --__ _ — _ __ — _ _ - - - - - (Ed. i1/94 Authorlzed Representative ;gRT No.,: 1,7,3,9^ou'/�r��pm"row^m0 1 */lu: Mragrx^vx -, CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM: R.J.NOBLE COMPANY PROJECT: SLATER PUMP STATION ACCESS ROAD (Contractor Name) 15505 E.LINCOLN AVENUE - (Street Address) ORANGE,CA 92865 (City,State and Zip) TO: CITY OF HUNTINGTON BEACH DECLARATION Attached hereto is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorsement CG 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach("City' and the above-named Contractor("Contractor")for the above-described project("Project'). I declare under penalty of perjury under the taws of the State of California that the above statement is true and correct. Signed on AUGUST 19 20 3 at 15505 E.LINCOLN AVENUE,ORANGE,CA 92865 (Date) (City,State) ;�Z'40z�� X Lg PHETCARVER, i SaID%os Making Declaration) WARRANTY Contractor hereby wan-ants and agrees to maintain Products and Completed Operations Insurance in compliance with the Insurance requirements of the Contract for the Project. Said Insurance shall be maintained through and until the expiration of all Warranties provided by Contractor. Said insurance shall contain Additional Insured Endorsement CG 2010 1185,naming City as an additional insured. Contractor shall supply to City, on at least an annual basis, a Certificate of Insurance and the aforementioned Endorsement evidencing continued coverage which meets the Contract requirements. Signed on AUGUST 19 2013•at 15505 E.LINCOLN AVENUE,ORANGE,CA 92865 (Date) (City,State) CONTRACTOR: Name: R.J.NOBLE COMPANY. By X Name. MICHAEL J.CARVER Title.P Z77ezr.2 Company Profile Page 1 of 1 COMPANY PROFILE Company Profile Company Search Company Information Company Search Results WESTERN SURETY COMPANY Company P.O. BOX 5077 Information SIOUX FALLS, SO 57117-5077 Old Company Names Agent for Service Old Company Names Effective Date Reference Information Agent For Service NAIC Group List NANCY FLORES Lines of Business C/O CT CORPORATION SYSTEM Workers' 818 WEST SEVENTH STREET Compensation LOS ANGELES CA 90017 Complaint and Request for Action/Appeals Reference Information Contact Information Financial Statements NAIC#: 13188 PDF's Annual Statements California Company ID #: 0761-7 Quarterly Date Authorized in California: 07/29/1930 Statements Company Complaint License Status: (UNLIMITED-NORMAL Company Company Type: Property&Casualty Performance& _ Comparison Data State of Domicile: SOUTH DAKOTA Company Enforcement Action Composite back to top Complaints Studies Additional Info NAIC Group List Find A Company Representative In NAIC Group#: 0218 CNA INS GRP Your Area View Financial 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. LIABILITY SURETY back to top U 2008 California Department of Insurance https:Hinteractive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyP... 8/28/2013 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON REACH • INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Cler 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. - 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 (Count Approval Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer Bond No. 58707009 PERFORMANCE BON® KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach(hereinafter referred to as"City")has,by written agreement dated 20_,, entered into a contract with R.J.NOBLE COMPANY 15505 E.LINCOLN AVENUE.M ORANGE.CA 92865 (name and address of Contractor) (hereinafter referred to as"Principal"), for performance of the work described as follows: CC-1445:Slater Access Road.Rehabilitation Project. (Project Title) WHEREAS, said contract,and all documents referenced therein(hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE,we,the undersigned, as Principal, and Western Surety Company 915 Wilshire Blvd..Suite 1650,Los Angeles,CA 90017 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly -bound unto City in the penal sum of Two Hundred Fifty One Thousand Five Hundred Seventy Dollars and 0/1.00 Cents--------------------------- Dollars($251,570.00----------- ),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")from any 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 time or contract price,and 277591.1 PERFORMANCE BOND Pagel of 2 Bond No. 58707009 any other alteration, change,deletion, addition or other modification to the Contract,or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments,alterations,changes,deletions,additions orother 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: August 20th,2013 ATTEST R.J.NOBLE COMPANY (Corporate Sea[) rincipal Name) By:X Nam6:3TCHAELJ.CARVER Title: PRESIDENT ATTEST Westem Surety Company (Corporate Sea,) (Sur ame By:x Nam ' ,colt ' andi,Attorney-in-fact. (Signature of Attorney-in-Fact for Surety) (Attach Attorney-in-Fact Certificate) La49 486-7974 (Area Code&Telephone Number of Surety) APPROVED AS TO FORM: CITY 0 UNTINGTON BEACH � c By ennifer Mc ath /15�gL ity 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 attomey-in-fact must be attached. 277591.1 PERFORMANCE BOND Page 2 of 2 CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT CIVIL cone§ I1s9 17.11tate of California County of Orange On 18/22/13 before me, J•DeIongh,Notary Public I Date Here Insert Name and Title of the Officer1 personally appeared Michael J.Carver j Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personfgf whose name}'is/are• subscribed to the within instrument and acknowledged . to me that he/%§@A4W executed the same in hisMeMh& authorized capacity; , and that by I< J. DEIONGH his/her/their signature(,a`j on the instrument the Commission # 1954610 personf or the entity upon behalf of which the i, Notary Public - California Z person acted, executed the instrument. Orange County D My Comm. Expires Oct 28,2015 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 icial seal. Signature: t Place Notary Seal Above Vsign Wre of Notary Public OPTIONAL Though the information below is not required by taw,it may prove valuabi to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document S Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) j Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer Title(s): ' ❑ Individual ❑ Individual S ❑ Partner —❑Limited ❑General Top of thumb here ❑Partner — ❑ Limited ❑General Top or thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee El Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ,I ❑ Other: ❑Other: SignerSls Representing: Signer Is Representing: hhII K "E�CY=��4 "�_kt!`_'s5t 'C�s�;rS�Mv�4 •aC i�.5 •s .r - ©2010 National Notary Association•NationalNotary.org-1.800-US NOTARY(1-800-B76-6827) Item#5907 - ACKNOWLEDGMENT State of California County of Orange On August 20th, 2013 before me, Kelly A. Vincent, a Notary Public (insert name and title of the officer) personally appeared James Scott Salandi, Attorney-in-fact , 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. boF► KELLYA.VINCENT N a� 'a COMM.#2029982 A NOTARY PUBLIGCALIFORNIA r ORANGE COUNTY Signature (Seal) MY COMM.EXP.JUNE 21,2017 Bond No. 58707009 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as"City")has awarded to U.NOBLE COMPANY 15505 E.LINCOLN AVENUE.ORANGE,CA 92865 (name and address of Contractor) (hereinafter referred to as"Principal"), a contract("Contract")for the work described as follows: CC-1445;Slater Access Road Rehabilitation Project. (project title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and Western Surety Company 915 Wilshire Blvd.,Suite 1650,Los Angeles,CA 90017 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as"Surety"), as Surety, are held and firmly bound unto City in the penal sum of Two Hundred Fifty One Thousand Five l-lundred Seventy Dollars and 0/100 Cents---------------------- dollars, ($251,570.00----------------------------- ), 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. Surety .stipulates and agrees, for value received, that no change, extension of time, alteration, addition.or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, 277589.1 PAYMENT BOND Page 1 of 2 Bond No. 58707009 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 WHEROF, 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: August 20th,2013 ATTEST R.J.NOBLE COMPANY (Corporate Sea[) (Pr' cipal Name) By:X Name: 'HAEL J.CARVER Its: PRESIDENT ATTEST Western Surety Company (Corpomats Seal). (Sure N ) By:x Nama: and a 1Sa.Iancli..Attoinev-in=fact. ( ignature of Attorney-in-Fact for Surety) ( 949 ) 486-797�t (Attach Attorney-In-Fact Certificate) (Area Code&Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH ByJityennifer Mc rath Attorney 5�1 S�b6 _ r 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. 277589.1 PAYMENT BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE� ties ?.I State of California ?>> County of Orange ) On 18/22/13 before me, J.DeIongh,Notary Public �I ;Date Here Insert Name and Title of the Officer ' I personally appeared Michael J.Carver Name(s)of Signer(s) ( ,'�1, who proved to me on the basis of satisfactory � evidencee to be the personlg�whose nameW is/are subscribed to the within instrument and acknowledged . to me that he/&h*A6W executed the same in his/4eW#Te& authorized capacity i0< and that by J. DEIONGH his/her/their signature(g') on the instrument the Commission# 1954610 er personx, or the entity upon behalf of which the kJ_ Notary Public - California z person(o acted, executed the instrument. " I Orange County D My Comm. Expires Oct 28,2015 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 an ffi 'al seal I Signature: '? Place Notary Seal Above Signature of Notary Public OPTIONAL KKKI 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 this form to another document. X' Description of Attached Document Title or Type of Document: �I Document Date: Number of Pages: i Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): D Corporate Officer — Title(s): ❑ Individual ❑ Individual ❑ Partner —❑Limited ❑General Top of thumb here ❑Partner — ❑Limited ❑General . Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ) ❑ Guardian or Conservator ❑Guardian or Conservator Other: ❑Other: Signer Is Representing: Signer is Representing: ^L•fL4 X^.'4 �i.�_ ,r _ r _ r - . ,r ,> r._ �^(_�SLS `2�4fL4.K. s t Xt s�JG is1 �o *6tc�_I6E�02010 National Notary Association•NationalNotary:org•1.800-US NOTARY(1-800-876-6827) - Item#597#5907 ACKNOWLEDGMENT State of California County of Orange ) On August 20th, 2013 before me, Kelly A. Vincent, a Notary Public (insert name and title of the officer) personally appeared James Scott Salandi, Attorney-in-fact 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. `��oF, J KELLYA.VINCENT N ,s` COMM.#2029982 M NOTARY PUBUC•CAUFORNIA \ ORANGE COUNTY Signature (Seal) MY COMM.EXP,JUNE 21,2017 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint James Scott Salandi,Leonard Ziminsky,David Jacobson,Individually of Irvine,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporaion. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 7th day of August,2013. �acr� WESTERN SURETY COMPANY �+v �oN 4Q,P°Agl�as eWE �iy{ t = aul T.Bruflat,Vice President State of South Dakota ss County of Minnehaha On this 7th day of August,2013,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires i ".... '+""''• J.MOHR f sen� NOTARY PUBLIC June 23,2015 sFx t SOUTH DAKOTA f J.Mohr,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth-is still in force,and further certify that the By-Law of the corporation printed on the reverse her o is still in force. In testimony whereof I have hereunto subscribed MY name and affixed the seal of the said corporation this b? day of f WESTERN SURETY COMPANY _;- P?°Aq N 4el-son,�sntantecretary. Form F4280-7-2012 Dept. ID PW 13-054 Page 1 of 2 Meeting Date:8//119/2013 / AWof o 4 at T —� CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/19/2013 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 contract in the amount of$251,570.00 to the R.J. Noble Co. for the Slater Pump Station Access Road Rehabilitation Project, CC-1445 Statement of Issue: On July 23, 2013, bids were publicly opened for the Slater Pump Station Access Road Rehabilitation Project, CC-1445. City Council action is requested to award the construction contract to the R.J. Noble Co., the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of $282,000.00 are available in the Capital Improvement Account No. 10010040314.82800. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by the R.J. Noble Co. in the amount of $251,570.00; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, or provide staff with an alternative action. Analysis: The project site is the maintenance road leading to the Slater Flood Control Pump Station located at the end of Slater Avenue at Graham Street to the back of the Pump Station. This maintenance road was originally constructed with the adjacent residential tract in 1976 and is in need of rehabilitation. Over 36 years, rain has caused some noticeable erosion in the dirt ridge between the maintenance road and the adjacent concrete lined Slater Channel. The project consists of rehabilitating 1,210 linear feet of asphalt access road and 7,200 square feet of asphalt at the Pump Station entrance and mitigating the area of erosion. The project was advertised with a substitutive alternate to re-install the existing fencing fabric that lies between the access road and the Slater Channel versus replacing it with new fencing fabric to potentially achieve project cost savings This substitutive alternate did reduce project costs by $33,033.00 so therefore is being exercised. Bids were opened publically on July 23, 2013. The verified bid amounts along with the Contract Amounts with the substitutive alternate are listed below: HB -119- Item 11. - 1 Dept. ID PW 13-054 Page 2 of 2 Meeting Date:8/19/2013 Amount.Read ma Existing Fence at Bid TOTAL CONTRACT S,NAIUIE Opening�and Ra tnstailation BIDDER lNithZubstit�utwe Substitutive Basis of Verified Basis Alternate -a' y Alternate) ik Award of Award 1 : The R.J. Noble Co. $284,603.00 $284,603.00 $33,033.00 $251,570.00 TED Enterprises $301,700.00 $316,950.00 $32,609.50 $284,340.50 Inc. Corrected Amount Staff recommends awarding a contract to the R.J. Noble Co. in the amount of $251,570.00. The R.J. Noble Co. has performed acceptable street rehabilitation construction including the 2012 completion of arterial segments on Edwards St. and Delaware Street. The total project cost is estimated to be $282,000.00, which includes the construction contract, construction contingency, and supplementals (soils and materials testing services by an outside firm). Public Works Commission Action: The Public Works Commission reviewed and approved CC- 1445 on June 19, 2013, with a vote of 7-0-0 (0 absent). Environmental Status: The project is categorically exempt pursuant to Class 1, section 15031 c of the California Environmental Quality Act. Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Location Map Item 11. - 2 HB -120- ATTACHMENT # 1 JL- iiBi_i Beni I1 . - 3 � O iF N BOLSA AVE CO NTS a N N N Mc FADDEN AVE. U w Q Q< EDING R N AVE. z o ? 1_� o 0V) Qf ZHEILm a N N AVE. m m o V) w N a WARNER a Z AVE. w 0 0 Of J SLATERw 0 AVE. 40rj 0 c� TALBERT AVE. IN\ PACIFIC y ELLIS AVE. 1 GARFIELD AVE. c i c~n c~n IV-): ~ '< (YORKTOWN AVE. Z ADAMS g AVE. C C-1445 z PROJECT LOCATION INDIANAPOLIS z AVE. qL c� o � 1 Access Road Slater Pump Station — Graham St. U M Q = O p ATLANTA AVE. N M n o M 0 of HAMILTON AVE. m OCEAN ' BANNING AVE. LEGEND ® REHABILITATION LOCATION REV 05/28/13 SLATER P.S. MAINTENANCE ROAD REHABILITATION PROJECT LOCATION MAP 61A CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS n Item 11. - 4 HB -122- CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT 2000 Main Street P . O Box 190 Huntington Beach , CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Joan L. Flynn Date: June 27, 2013 To: City Clerk's Office Project: SLATER PUMP STATION ACCESS ROAD 2000 Main Street REHABILITATION PROJECT Huntington Beach, CA 92648 Regarding: NISB ® We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ❑ We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Other: Item# Copies I Pages Description 1 1 2 Notice Inviting Sealed Bids for SLATER PUMP STATION ACCESS ROAD REHABILITATION PROJECT, CC-1445 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your action ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2012-65 (adopted on 9/16112), the City Council authorized the advertisement of the above listed rehabilitation project, Please find the attached Notice Inviting Sealed Bids for advertisement on 714/13, /1p3/ , and 7/18113. The bid opening is scheduled for 7/23113 at 2:00 PM in the City Council Chambers. I h1113 If you have any questions regarding the enclosed attachment,feel free to contact me at iwagnercDsurfcity-hb.orq or(714) 536-5467, c: file B .a,...— Jim Wagner„PE,Senior Civil Engineer GAConstruction Contracts(CCs)\CC1449 Slater Channel Improvements\NISB\NISB Transmital To Clerk.doex NOTICE INVITING SEALED BIDS for the construction of SLATER PUMP STATION ACCESS ROAD REHABILITATION PROJECT from Pump Station to Graham Street CC NO. 1445 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on July 23, 2013. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents will be available from the Office of the Director of Public Works starting Monday July 8, 2013. The office is located on the first floor of the Civic Center, 2000 Main Street, Huntington Beach, CA 92648. The plans are available upon payment of a $20.00 nonrefundable fee, if picked up, or payment of a S40.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). 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. NOTICE INVITING SEALED BIDS for the construction of SLATER PUMP STATION ACCESS ROAD REHABILITATION PROJECT from Pump Station to Graham Street CC NO. 1445 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on July 23, 2013. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents will be available from the Office of the Director of Public Works starting Monday July 8, 2013. The office is located on the first floor of the Civic Center, 2000 Main Street, Huntington Beach, CA 92648. The plans are available upon payment of a $20.00 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). Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: The project location is the Slater Pump Station access road from the gated entrance of the Slater Pump Station to the access road entrance at .Graham Street near Slater Avenue, approximately 1,200 linear feet. The project consists of rehabilitating the asphalt maintenance road, re-grading and mitigating erosion areas, constructing concrete V-gutter, and a catch basin. Also included is Additive Alternate #1 for additional re-grading and pavement. • The contract shall allow the Contractor 25 working days to complete the contract. • The contract Notice to Proceed (NTP) will not be issued before October 21,2013. • A non-mandatory (optional attendance) pre-bid meeting will be held on July 16, 2013 at 10:00 AM at the Slater Pump Station access road entrance located at the intersection of Slater Avenue and Graham Street, Huntington Beach, CA 92649. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. The lowest bid shall be the combined lowest total of the bid prices on the Project Base bid and Additive Alternate #1 bid that shall be specifically identified in the Plans, Specifications, and contract documents. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 17th day of September 2012, by Resolution No. 2012-65. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH 77774 76 Prinled by,O6ti2 Patricia Camino Jun 27,2013,319 pm Phone.Salesperson: Ad#35554Ai5 ._ WV, 4)536-5227 tt 07-4 -i3 2Xiy tit Huntington Beach(Parent) ,Y #e ClT-18=i 3 3ti( e t0.50 TCN Inch untington Beac.CA 92648` Ra &Legal Huntington E3each Multi-Column.Liner . +aR' 0602 Patricia Garnino kO 13000-Legal Notices "Ir 1Ce $472.50 „y^`-� .k }.� ._.:.�. - . # ..•' bs+; T`CN HSI et: $472.50- t City Of Huntington Beach-Clerk's 472.50 Patty Esparza " _ (714)374-1557 te� ns aiud Ad Copy: NOTICE INVITING SEALED BIDS far the construction of SLATER PUMP STATION ACCESS ROAD REHABILITATION PROJECT from Pump Sttition to Groh=Street CC NO.1445 in the CITY Of HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor,2000 Main Street,Huntington Beach, California 92648, up to the hour of 2:00 PM on July 23,2013. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents will be available from the Office of the Director of Public Works starting Monday July 8, 2013. The office is located on the first floor of the Civic Center, 2000 Main Street, Huntington Beach, CA 92648. The plans are available upon payment of a$20.00 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). Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach,CA 92648. The AGENCY will deduct 5% retention from all progress payments.The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263, The Contractor shall be beneficial owner of the surety and shall receive any interest thereon, The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount aid. The successful bidder shall be licensed in accordance with ad proof pg,i --- 'UPTEiD DIU, 7V a l"lr;, iIi1Vl� r t sa�F� �{.� Printed by:0602 Patricia Gamino Jun 27,2013,3:19 pm W g rson. Ad#35554A1 5 I„ &03W� - N provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY.All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern, Project'Description: The project location is the Slater Pump Station access road from the gated entrance of the Slater Pump Station to the access road entrance at Graham Street near Slater Avenue. approximately 1,200 linear feet. The project consists of rehabilitating the asphalt maintenance road, re-grading and mitigating erosion areas, constructing concrete V-gutter,and a catch basin. Also included is Additive Alternate#1 for additional regrading and pavemen. • The contract shall allow the Contractor 25 working days to complete the contract. • The contract Notice to Proceed (NTP) will not be issued before October 21,2013. •A non-mandatory(optional attendance)pre-bid meeting will be held on July 16,2013 at 10.00 AM at the Slater Pump Station access road entrance located at the intersection of Slater Avenue and Graham Street, Huntington Beach, CA 92649. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. The lowest bid shall be the combined lowest total of the bid paces on the Project Base bid and Additive Alternate#1 bid that shall e specitic-aliVy identitted in the Plans,specifications,and contract documents. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 17th day of September 2012,by Resolution No.2012-65. Attest: Joan L.Flynn CITY CLERK OF THE CfTY OF HUNTINGTON BEACH Published N.B.Independent 7/4,11,18/13 ad proof pg.2 --- o r tk n.. ��c fil 0 � � tis 2,J c t.r . J m.+ C`J L.i J C'wd CITY OF HUNTINGTON BEACH SLATER PUMP STATION ACCESS ROAM) C.C.-NO. 1445 BID OPENING DATE: JULY 239 2013 TIME:'2:00 PM ENGINEER'S ESTIMATE: $100,000 - $150000 BIDS-SUBMITTED (AS READ AT OPENING), N0: B pDER S AM RANK APPAR I. T SIQ AM ?UN .: All American Asphalt located in Corona 2 G2K Construction, Inc. located in Encino 3 HAITBRINK ASPHALT PAVING INC located in Corona 4 Patriot Paving located°in Orange. 5 R.J. Noble Company, located in Orange 6 Ted-Enterprises Inc.-located in °San, r� Clemente 01 7 United Paving Company located in La Mirada s 9 10 11 Bid Opening Worksheet NOTICE INVITING SEALED BIDS for the construction of SLATER PUMP STATION ACCESS ROAD REHABILITATION PROJECT . from Pump Station to Graham Street P O F F CC In the 5 CITY OF HUNTINGTON BEACH U L I CAT t O PUBLIC NOTICE HEREBY GIVEN that the vi , OF HUNTINGTONN 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.2e00 PM on July 23, 2013. Bids'will be publicly open in the Council Chambers unless otherwise posted. STATE OF CALIFORNIA) Copies of the Plans, Specifications, and contract ' documents will be available from the Office of the Director of Public Works starting Monday July SS. 8, 2013. The office is located on the first floor �© pp pg of the Civic.Center, 2000 Main Street, Huntington COUNTY i OF ORANGE � Beach, CA 92648. The plans are available upon 6.i� 9 !�G payment of a$20.00 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). am a citizen of the United States and a Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor resident of the County of Los Angeles; I Code. Pursuant th the 'provisions the Labor � Code of the State of California, the minimum am over the age of eighteen years and prevailing rate per diem wages for each craft, � 'classification or type of workman needed to not a art to or interested in the notice execute the contract shall be those determined party by the Director of Industrial Relations of the State published. I am a principal clerk of the of California,,which are on file at the Office .of p p P the Director of Public Works; 2000 Main Street, HUNTINGTON BEACH Huntington Beach,CA 92648. The AGENCY will deduct 5% retention from all progress payments.The Contractor may substitute INDEPENDENT, -which was adjudged a an escrow;holder surety of equal value to the of eneral circulation on retention in accordance with the provisions-of the newspaper g Public Contract Code,Secti6n.10263.The Contrac- tor shall be beneficial owner of.the surety and September 29, 1961, case A6214, and shall receive any interest thereon June 11 1963 case A24831 for the The AGENCY hereby affirmatively ensures that > > minority business enterprises will be afforded full opportunity to submit bids in response to this r+ City of Huntington Beach, County of notice and will not be discriminated against on Orange, and the State of California. the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. Attached to this Affidavit is a true and No bid shall be considered unless it is prepared on the approved Proposal forms in conformance complete copy as was printed and with the Instructions to Bidders.as determined by the AGENCY. The bid must be accompanied by a published on the following date(s): certified check, cashier's check, or bidder's bond made payable to the,AGENCY for an amount no .less than 10% of the amount'bid. The.successful Thursday, July 4, 2013 bidder shall be licensed in 'accordance with provisions of.the Business and'Professions Code Thursday, Jul 11 2013 and shall possess a 'State Contractor's License y Class A at .the time of the bid opening. The Thursday, Jul 18 2013 successful Contractor and his subcontractors will y s be required to possess business licenses from the AGENCY.All extension of unit prices will be subject to verification by the AGENCY.'In .case of.a .variation between the unit price and the extension, .the unit price will govern. Protect Description: The project location is the certify (or declare) under penalty Slater Pump Station access road from the gated i entrance of the Slater Pump Station to the access I of perjury that the foregoing is true road" entrance at Graham Street :near. Slater Avenue, approximately 1,200 linear feet. The project consists of rehabilitating the. asphalt and correct. maintenance road, re-grading and mitigating ero- sion areas, constructing concrete V-gutter, and a 1 catch basin.Also included is Additive Alternate#1 for additional re-grading and pavement. • The contract shall allow the Contractor 25 working days to complete the contract. • The contract Notice to Proceed (NTP)'will not Executed on July 25, 2013 be issued before October 21,2013. •Anon-mandatory(optional attendance)pre-bid /� meeting will be held on July 16; 2013 at 10:00 at Los Angeles, all ®rnia AM at the Slater. Pump Station access road entrance located at the' intersection of Slater Avenue and Graham Street, Huntington Beach,"CA 92649. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and,to take all bids under advisement for a maximum period of 60 days. The lowest bid shall be the combined lowest total of the bid prices on the Project Base bid and Additive Alternate #1 bid that shall be speccifically Signature i enti ie in the ans, pecifications,and contract documents. BY ORDER of the CITY COUNCIL of the CITY. OF HUNTINGTON BEACH, CALIFORNIA; the 17th day of September 2012,by Resolution No.2012-65. Attest: Joan L.Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published H.B.Independent 7/4,11,18/13 SUCCESSFUL BIDS CC- 1445 Slater Pump Station Access Road City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov FfB Office of the City Clerk 77 7968, Joan L. Flynn, City Clerk September 25, 2013 Ted Enterprises, Inc. 555 N. EI Camino Real A362 San Clemente, CA 92672 RE: Slater Pump Station Access Road — CC-1445 Enclosed please find your original bid bond for CC-1445. Sincerely, T� "sax 6eC va^' Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister Cities: Anjo, Japan 0 Waitakere, New Zealand TED ENTERPRISES INC 555 N. EL CAMINO READ. SAN C LEMFNTE, CA 92672 ....� cif f 1 I SECTION C PROPOSAL for the construction of SLATER.PUMP STATION ACCESS ROAD REHABILITATION A ILITATION PROJECT from pump Station to Graham Street CC NO. 1445 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 25 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and may result in its rejection by the AGENCY. 19. Bid Protest To be considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening. (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY. 20. Questions to the Engineer Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received by the Engineer up to five working days prior to the bid opening as specified in SECTION A. Questions asked of the Engineer after this time will not be addressed. B-5 SECTION C PROJECT BID SCHEDULE SLATER PUMP STATION I"IO ACCESS ROAD D EFIABII.ITATION PROJ cr CC NO. 1445 PROJECT BASE BID AND ADDITIVE ALTERNATE #1 BID: Basis of Award SLATER PUMP STATION ACCESS ROAD REHABILITATION BASE PROJECT AND ADDITIVE ALTERNATE #1, CC NO. 1445 . . . . . C-2.3 to C-2.10 1. SLATER PUMP STATION ACCESS ROAD REHABILITATION PROJECT $ 2. ADDITIVE ALTERNATE ,+ #1 $ g600 TOTAL AMOUNT LUMP SUM BID IN FIGURES (TOTAL FOR ITEMS 1 AND 2) $ 301 � 7©v BASIS OF AWARD C-2.1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 8,0►✓Z� in the amount of$ 30 b which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No ,,` <,Dale Received> . Bidder's Si ndture . C-2 SECTION C PROJECT BID SCHEDULE SLATER PUMP STATION ACCESS ROAD REHABILITATION PROJECT CC NO. 1. 5 SUBSTITUTIVE ALTERNATE #1: SUBSTITUTE NEW SECURITY FENCING FABRIC PER SPECIFICATIONS AND ATTACH TO EXISTING FENCE POSTS. . . . . . . . . . . . . . . . . . . . . . . . . . C-2.10 SUBSTITUTIVE ALTERNATE #1 TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ d OC) IF SELECTED BY AGENCY THIS SHALL REPLACE BID ITEM NUMBER 7 IN THE PROJECT BASE BID (NOT THE ADDITIVE ALTERNATE BID ITEM). C-2.2 SECTION C PROJECT BID SCHEDULE SLATER.PLjMP STATION ACCESS ROAD REHABILITATION PROJECT CC NO. 1445 SLATER PUMP STATION ACCESS ROAD REHABILITATION PROJECT from Slater Pump Station to Graham Street CC No. 1445 C-2.3 PROJECT BID SCHEDULE Slater Pump Station Access Road Rehabilitation, CC-1445 Coast: Item: Cqn race:::::::: ::: : : : Unit:::::::::EztsiW d:: :Note ::No.: Deseriptiori: Quantity::::: Uriif: :: f�ricew : Air►our�t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . COLD MILL EXISTING A.C. AND 1 1 A.B. TO A DEPTH OF 0.25' FROM 20000 SF $ $ 4/,�5 J �� NEW FINISHED SURFACE PER TYPICAL SECTION SHEET 4. SAWCUT AND EXCAVATE �7 3 2 EXISTING A.C., A.B.AND/OR 40 CY $ 3 $ l 2-0 SUBGRADE TO A MAX DEPTH OF 0.67' PER DETAIL SHEET 3. CONSTRUCT NEW 0.42'A.B.,3 3 OVER 95% COMPACTED 45 TN $ 70 $ 3 tJ f c' SUBGRADE PER DETAIL SHEET 3. CONSTRUCT A 0.25'TYPE III-C3 C 4 4 PG 64-10 OVERLAY AND 400 TN $ 7V $ 5�( LEVELING COURSE PER TYPICAL SECTION SHEET 4. REMOVE EXISTING A.C.,A.B. AND/OR SUBGRADE AND CONSTRUCT MODIFIED 3'LONG L� C NAL GUTTER PER 5 5 B STIDUPLAN 218 AN DETAIL 1175 LF $ `� $ Xy SHEET 4. (ITEM INCLUDES EXCAVATION OR FILL, AGGREGATE BASE, AND SLOT PAVEMENT.) REMOVE EXISTING A.C.,A.B. AND/OR SUBGRADE TO DEPTH OF 0.50' BETWEEN EXISTING CHANNEL AND NEW AC 6 6 PAVEMENT THEN CONSTRUCT 4310 SF $ $ 2-SACK CONCRETE SLURRY OVER NEWLY GRADED SURFACE, PER TYPICAL SECTION ON SHEET 4. C-2.4 PROJECT BID SCHEDULE Slater Pump Station Access Road Rehabilitation, CC-1445 Coiist: Item: Cgritract;: : Unit : : Ezteivded :Note IVo.: Description:;: :Qiiahtity Uriif Brice . . . . Aiiioiirat REMOVE EXISTING CHAIN LINK FABRIC AND INSTALL NEW MASTER HALCO 5/8" MESH C� 7 7 SIZE, 9 GAUGE, HIGH SECURITY 1210 LF $ $ CHAIN LINK FABRIC OR CITY APPROVED EQUAL OVER EXISTING UPRIGHTS. (APPROX 6' HIGH FENCE.) CONSTRUCT GRATING CATCH BASIN WITH 8"DIA. H.D.P.E. DRAIN LINE CORED INTO CHANNEL WALL FROM NEW CATCH BASIN PER HB STD. PLANS 109, 315, APWA STD I (�od 8 8 PLANS 304, 308, 309, 311, 332, 1 EA $__� $ 635, 636 AND DETAIL ON SHEET 3. (ITEM INCLUDES EXCAVATION, AGGREGATE BASE, LOCAL DEPRESSION, CORING AND GROUTING.) REPLACE WATER VALVE BOX 0 9 PER STD PLAN 612 AND 1 EA $ Z 91y ADJUST TO MATCH NEW FINISHED SURFACE. CONSTRUCT 2"X6" REDWOOD HEADER BOARD WITH 2"X4"X24" REDWOOD STAKES 10 10 SPACED 4-FOOT ALONG 1190 LF $ � $ � Z'o %(� a°7 o HEADER AND ATTACH HEADER TO STAKES WITH STAINLESS STEEL SCREWS(2 MIN. PER STAKE). REMOVE EXISTING J J MISCELLANEOUS CONCRETE 11 11 AND POST FOOTING 1 LS $ $ CONCRETE. 1, 1700 12 12 GRADE EXISTING UNIMPROVED 800 SF $ �� J 0 y AREA TO DRAIN C-2.5 PROJECT BID SCHEDULE Slater Pump Station Access Road Rehabilitation, CC-1445 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coiist: Iterri: �oritraet ::::::::: '::::::Unit:::::::::Ekf-eiwed:: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Note ::IVd.: Description::::::: Qua titjr:::::::Uriif: f�ric : AiiioU. . . . . . . . . . . . . . . . INSTALL WHITE 4-INCH WIDE 13 13 EDGE LINE REFLECTIVE 1190 LF $ 1,50 $ 1l TRAFFIC STRIPE 1-FOOT OFF REDWOOD HEADER BOARD. 14 CONSTRUCTION STAKING 1 LS $. 6, 3,90 $b J � PREPARE CORNER RECORD 14 15 (PRE-AND/OR POST- 1 EA $ 57 J $ 7 S� CONSTRUCTION) FOR SURVEY MONUMENTATION. 16 MOBILIZATION 1 LS o $ 1 SWPPP(INCLUDES SANDBAGS Z_ r� /� 17 ALONG CHANNEL, 1 FEET 1 LS $ �� $� �=-- ev'O� INSIDE FENCE LINE) Total Amount Bid in Figures: $ 2-6 ( J 7 7 O 266 Total Amount Bid in Words: Tcvo qUA (r�� G�^� uu 1L_4&j(4 rmyr 1/ AN ADJUSTMENT OF CONTRACT UNIT PRICE, AS INDICATED IN THE GREENBOOK STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTIONS 3-2.2.2 AND 3-2.2.3, WILL NOT BE ALLOWED AND ARE HEREBY DELETED FOR ITEMS INDICATED WITH THIS FOOTNOTE. v4 C., C-2.6 SECTION C PROJECT BID SCHEDULE SLATER PC : `P STATION ACCESS ROAD REHABILITATION PROJECT CC NO. 1,445 ADDITIVE ALTERNATE #1: 'k IF SELECTED BY AGENCY THIS SHALL BE INCLUDED WITH THE PROJECT BASE BID ITEMS. C-2.7 PROJECT BID SCHEDULE ADDITIVE ALTERNATE#1, CC-1445 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corist: : Item Contract: :Unit: :E>Etendezi: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :Note: :;[pia.:::::::::::: Description;:;:::;: Qei n it y.:::.:.. . .: ::::.. . :::::.::. ..irnt::: SAWCUT AND EXCAVATE �J o 3 1 EXISTING A.C., A.B. AND/OR 180 CY $� $ ` SUBGRADE TO A MAX DEPTH OF 0.67' PER DETAIL SHEET 3 CONSTRUCT NEW 0.42'A.B., 3 2 OVER 95% COMPACTED 220 TN $ $ C 5/yoo SUBGRADE, PER DETAIL SHEET 3. CONSTRUCT A 0.25'TYPE II I-C3 r 4 3 PG 64-10 OVERLAY AND 130 TN $ a $ 1 7/5 Sc) LEVELING COURSE PER TYPICAL SECTION SHEET 4. 1/ REMOVE EXISTING A.C., A.B. AND/OR SUBGRADE TO DEPTH OF 0.50' BETWEEN EXISTING CHANNEL AND NEW AC 6 4 PAVEMENT THEN CONSTRUCT 250 SF $ $ 2-SACK CONCRETE SLURRY OVER NEWLY GRADED SURFACE, PER TYPICAL SECTION ON SHEET 4. CONSTRUCT 2"X6" REDWOOD HEADER BOARD WITH 2"X4"X24" REDWOOD STAKES 10 5 SPACED 4-FOOT ALONG 160 LF $ $ I i Z-5 0 HEADER AND ATTACH HEADER TO STAKES WITH STAINLESS STEEL SCREWS(2 MIN. PER STAKE). RAISE EXISTING WATER METER �0 15 6 BOX TO GRADE PER HB STD 1 EA $ 2 $ PLAN 603. CONSTRUCT TEMPORARY / 16 7 FENCING DURING 20 LF $ Z 3 $ �Yo CONSTRUCTION. C-2.8 PROJECT BID SCHEDULE ADDITIVE ALTERNATE#1, CC-1445 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corist: ::Ii, : : : : Contract: :Unit: :E teniie�d: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D"c�ip#ion::::::::::::::Quantity:::::::Uhit;:::;:::::Price:::::::: Arriognt:: REMOVE EXISTING CHAIN LINK FABRIC TO ACCOMMODATE 17 8 CONSTRUCTION AND PROTECT 65 LF $ 1 5' $ 1-7 EXISTING UPRIGHTS IN PLACE. (APPROX 6- HIGH FENCE.) 9 CONSTRUCTION STAKING 1 LS $ I l $ 10 SWPPP ADDITIONAL WORK 1 LS $ 2(�75 $ Z(4`75- Total Amount Bid in Fi ures: $ Total Amount Bid in Words: ;Y►{ w AIAC� r/ l/ AN ADJUSTMENT OF CONTRACT UNIT PRICE, AS INDICATED IN THE GREENBOOK STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTIONS 3-2.2.2 AND 3-2.2.3, WILL NOT BE ALLOWED AND ARE HEREBY DELETED FOR ITEMS INDICATED WITH THIS FOOTNOTE. C-2.9 SECTION C PROJECT BID SCHEDULE ;LATER PUMP STATION ACCESS O.f REHABILITATION PROJECT CC NO. 1445 SUBSTITUTIVE ALTERNATE#1: ._ � Item ,Ct 3n3 �3 � Unit Extended on rac Plo.; t ua"nt�tY ', Unity I� � ,�.: ,.0"44'i pt�or '�,.!,.,.�, Puce . ,. Amps t REMOVE EXISTING CHAIN LINK FABRIC TO ACCOMMODATE CONSTRUCTION AND RE-INSTALL EXISTING CHAIN LINK , d$ 17 did 7 1210 LF FABRIC OVER EXISTING UPRIGHTS. $ $ (APPROX 6' HIGH FENCE.) Total Amount Bid in Figures: $ 7 Total Amount Bid in Words: Scv�n�� . * IF SELECTED BY AGENCY THIS SHALL REPLACE BID ITEM NUMBER 7 IN THE PROJECT BASE BID (NOT THE ADDITIVE ALTERNATE BID ITEM). C-2.10 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 S 10,000. whichever.is greater, and the portion of the work to be done by such subcontractor. Btd Name and Address of Subcontractor ' State\, Class Dollar' %of Items)r Ltcense 'n$ Amount Contract: , ,. Number l Z06 S i rv�k Yhve 13 Z_ seevme we al 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 Cal'fqrnia that the foregoing is true and correct and that this declaration is executed on City State C�� , being first duly sworn, deposes and says that he or she is QM 0 -UP oi --t2t/1 the party making the foregoing bid that the bid is not made in the intere t 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 idder Signa e f Bidder Address of Bidder � j. C4. gL7 Z C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the SLATER IpLj P STATION ACCESS ROAD REHABILITATION PROJECT, CC No. 1445, (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 0 b By I VP M o Title Date: C-5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 a State of Cali forni County�f 0 _ 14 before me, a Here In ert Name and Titt of the Officer personally appeared 64:E_ k2Z 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 (&/she/they executed the same in <sdher/their authorized capacity(ies), and that by (Qher/their signatures) on the instrument the persons), or the entity upon behalf of which the person(sS acted, executed the instrument. I certify under PENALTY OF PERJURY under the KELLEY A.HOLT laws of the State of California t at the foregoing Commission# 1997447 NMI pow.CAIMOIMII paragraph is true and correct. of 0K4 WITNESS my hand d official s a1. Signature: Place Notary Seal Above Signa of NOV4P OPTIONAL Though the information below is not required by law, it may prove valuable to persons rel "ng on the document and could prevent fraudulent removal and reattachment of this form to another cument. Description of Attached Document Title or Type of Document: Afix IdSI,4u 6' r_ ` Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual ❑ Partner — ❑Limited ❑General Top of thumb here ❑ Partner — ❑ Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2010 National Notary Association•National Notary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes �No If the answer is yes, explain the circumstances in the space provided. 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. Cont By 1P i'rl Title Date: 7 2-3 /3 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: b6 7 6 r--r-ze1�dr(Q N; C- Bidder Name /V GL- C4::M It-0 2eg- .. 3 G Z Business Address City, State Zip qV7 36/-3065 Telephone Number 95�9297 i? /3 State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by 4, iZ. of our office on 7-/6 201[3 The following are persons, fi , and corporations having a principal interest in this proposal: n 1" z lv C-S 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. /2r�1 S Q.S -�4/✓C_ m ny Nam/e S' natur of Bidder J UG �/�V) vZ /'' v Printed or Typed Signature Subscribed and sworn to before me this,2-3 day of L , 201 3 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-9 Ted Enterprises Inc Lie # 949397 Current & Completed Jobs with References City of Newport Beach May 2013 in Progress 100 Civic Center Drive Newport Beach,Ca.92660 Robert Stein P.E.949-644-3322 Shorecliffs Road Catch Basin Modification, Reef Point Parking Lot And Los Trancos Creek Maintenance Project Discription Biofiltration System,Parking Lot Repair„Catch Basin Manhole Repair Contract Amount: $241,641 San Dieguito Water District January 2013 In Progress 160 Calle Magdelena Encinitas, CA 92024 Blair Knoll (760) 633—2793 Ashburn Street Water Main Improvement Project Description: New water main and AC Replacement Contract Amount: $91,640.00 Completed Chino Valley Unified School District December 2012 5130 Riverside Drive Chino, CA 91710 Bill Childress (909) 628— 1201 Chino High School Installation of Scoreboard# 11-12-03 Project Description: Install new concrete caisson and rebar and install new Scoreboard Contract Amount: $74,670 Completed Carlsbad Unified School District November 2012 6225 El Camino Real Carlsbad, CA 92008 Larry Leon (760) 331 -5079 : Gafcon Carlsbad High School Signage& Fencing #1213-102 Project Description: New block columns, Fencing, concrete and marquee and ID signs. Contract Amount:$247,000 Completed City of San Clemente July 2012 910 Calle Negocio, Suite 100 San Clemente, CA 92673 Greg Deist, PE (949) 361 -6154 Reservoir No.9 Drainage and Slope Repair Project Description: Repair slope and miscellaneous concrete and drainage Contract Amount: $70,197 Completed Riverside County Flood Control and Water Conservation District April 2012 1995 Market Street Riverside, CA 92501 Henry Olivo Engineering Project Manager(951) 955-1288 Montecito Ranch—Jameson Road Strom Drain Repair Contract Amount: $62,980.00 Completed City of Temecula March 2012 41000 Main Street Temecula, CA 92590 Steve Charette Associate Engineer (951) 506—5190 Citywide Storm Drain Improvements—Calle Fiesta Contract Amount: $145,595.00 Completed Saddleback Valley Unified School District June 2012 25631 Peter A. Hartman Way Mission Viejo, CA 92691 Jerry Rommel: Asst. Director of Maintenance 949-533-4234 Concrete Repair—Various Schools Contract Amount: $6,556.00 COMPLETED Encinitas Union School District December 2011 101 S. Rancho Santa Fe Road Encinitas, CA 92024-4349 Gerry Devitt Director of Project (760) 518—6890 Playground Removal and Installation for Olivenhain Pioneer Elementary School Contract Amount: $34,200.00 COMPLETED County of Orange, California September 2011 PO Box 4048 Santa Ana, CA 92702 George Zahn Project Manager(714) 448-6829 Jesse Caballero Inspector (714) 240-4372 Olive Heights Alley Improvements Protect Description: New alley improvements Contract Amount: $294,000.000 COMPLETED City of Rancho Mirage, California July 2011 69-825 Highway 111 Rancho Mirage, CA 92270 Leland Cole Senior Civil Engineer (760) 770-3224 Monterey Ave. &Clancy Lane Intersection Improvements Proiect Description: Create Right Turn Lane Contract Amount: $179,600.00 COMPLETED City of Laguna Beach, California March 2011 505 Forest Avenue Laguna Beach, CA 92651 Mark Trestik Assistant City Engineer(949)497—0300 Dog Park Storm Drain Replacement Proiect Description: Storm Drain Improvements Contract Amount: $66,773.00 COMPLETED Mitchell Residence January 2011 221 Avenida Cordoba, San Clemente CA Bruce Mitchell (949) 212- 1880 Project Description: Site concrete, masonry, pavers, irrigation and landscaping Contract Amount: $97,500.00 COMPLETED City of Palm Desert, California January 2011 City of Palm Desert 73-510 Waring Drive Palm Desert, CA 92260-2578 Ryan Gayner Project Manager, (760) 346—0611 Retention Basin Concrete Access Ramp Project Description: Excavation concrete for new access ramp Contract Amount: $ 28,240.00 COMPLETED City of Chula Vista, California: January 2011 City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Luis Labrada, P.E. (619)476—2321 Robinhood Ranch Unit II Sewer Pump Station Improvements Phase 2 December 2010 Project Description: Site RCP Storm Pipe, concrete, catch Basins, block walls, Landscaping for existing pump station Contract Amount: $116,417.00 COMPLETED Dr.James Meeks October 2010— December 2010 500 C Street Tustin, CA 92080 (949) 347—2525 Project Description: Remodel of Historic Building for conversion to commercial office Contract Amount: $108,235.00 COMPLETED City of San Clemente, California: October 2010—December 2010 City of San Clemente 910 Calle Negocio, Suite 100 San Clemente, CA 92673 Greg Deist, PE (949) 361 -6154 Lower San Pablo PRS Rehabilitation Project Description : New water line with Pressure reducing station, Curb and Gutter sidewalk and AC replacement Contract Amount : $167,990.85 COMPLETED 1/10/2013 �vr—K i INUA 6 E OF LIABILITY INSURANCE CE THIS CERTIFICATE IS ISStlED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFRRMATNELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSU NG WSURER(S� AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT- It the Certificate holder is an ADDITIONAL INSURED, the P011CY(iss) must be endorsed, It SUBROGATION IS WANED, subpect to the terms WW conditions Of the POfiCY, O9A8in 13011C183 nNY mQUire an eirvclorswteft A SUtelrmtd on this cwhficaW does not corder r Whts to the Certificate holder in ben Of Such wWbreenta gq PRODUCER NAME: Andy ;Manale PUITdAS,E INSURANCE SERVICES w- t,,o 323 581-484 (A/c,No:323-581-4844 2833 Leonia Blvd, Ste 306 Vernon, CA 90058 E : andy@manaleias.com M F;fS) AFFDROMIG COVERAGE NAIL 9 INSURER A: James River Insurance ' D Ted Enterprises, Inc. INSURER B: Mercury Casualty Company INSURER C: State Compensation Insurance 555 N. El Camino Real, Suite A362 INSURER D: San Clemente, CA 92672-6740 INSURER E: 949 361-3065 INSURER F: COVERAGES CERTIFICATE NUMBER. REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IfL1�RR TYPE OF INSURANCE POLICY NUMBER (MM/DQ/YYYY) (MM/DDNYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea orrsr>ce) $ 50,000 CLAIMS MADE �OCCUR MED EXP(Any�xus pern) $ A 00050685-1 11/03/12 1/03/13 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPloP AGG $ 2,000,000 X POLICY PRO- LOC $ AUTOMOBILE LIABILITY $ 1,000,000 X ANYAUTO BODILY INJURY(Per person) $ ALLO1NNE0 SCHEDULED CCA0021446 2/30/1212/30/13 B AUTOS AUTOS BODILY INJURY (Per acddent) $ HIRED AUTOS AUT� er �)PROPERTY $ UMBRELLA LIAB OCCUR EXCESS LUAB EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DIED RETENTION S $ OVYOMFI(ERS COMPENSATION AND EMPLOYERS LIABILITY Y/N g TORY LAMI S DERANY _ Ive IC OFFICERMEMBER ExACUU � N/A EL EACH ACCIDENT $ 11000,000 in*1 ® 9023732-2012 9/01/12 9/01/13 E.LDISEASE-EAEMPLOYEE IS 1,000,000 ffY�s.ae�atbe urler DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT Is 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (AttaW ACORD 101,Add*wgd Remarks Sdwkse,if morespece is rerAdred) ;ERTIFICATE HOLDER CANCELLATION PROOF, OF INSURANCE THE ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN *****************k ************ ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 0 1988-2010 ACORD CORPORATION.All rights reserved. ,CORD25(2010/05) The ACORD name and logo are registered marks of ACORD THE AMERICAN INSTITUTE OF ARCHITECTS A!A Document A310 Bad Bond KNOW ALL MEN BY THESE PRESENTS, that we Ted Enterprises, Inc. as Principal, hereinafter called the Principal, and Allegheny Casualty Company a corporation duly organized under the laws of the State of.Pennsylvania 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 total amount bid(10%) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Slater Pumpstation Access Road Rehabilitation Project NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 22nd day of July, 2013 Ted Ent pris s Inc. Print rin paq i!� F (Witness) (title) Alleghen asualty Company (Sure ea cam_ (Witness) Michael R. Strahan, Attorney-In-Fact (Tit ALA DOCUMENT A310•BID BOND•AIA®•FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.G.20006 * .. 0 Tef;(973)624 720© �� `�� INTERN/�TIONAL FIDELITY INSURANCE COIVIPANV . I. ALLEGHIENY. ASUALTX COMPANY 11 O. NE NEWARK CENTEII R;I 20TH FLOOR NEWARK11 , NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY' INSURANCE COMPANY a corporation organized and existing under the laws of the State of New Jersey,''and ALLEGHENY CASUALTY COMPANY. a corporation organized and existing underthe laws of the State of 11.1 Pennsylvania,having ,their principal office In the City of Newark,New Jersey,do hereby constitute and appoint; JOHN R. QUALIN `JENNIFER PALMER,I. MICHAEL R. STRAHAN 11, ;< 1.San Di ::CA,::::: their true and lawful attorneys)in fact to execute,seal and deliver for and on its behalf as surety any and all bonds and undertakings,contracts of'indemnity and other writings obligatory in the nature thereof, which are or maybe allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instrument(s)in pursuance of these presents,shall .be 'as binding upon the said; INTERNATIONAL FIDELITYINSURANCE TYY p COMPANY and ALLEGHENY CASUAL COMPANY;'as fully and amply, to all intents and purposes,as:.if the same had been duly executed and '::ac1.knowledged by their regularly elected officers'at.their;peincipal offices. " 1. This Power of Attomey.��is executed,and:mayy be revoked, pursuant to and by authority of the Byy-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and granted under and by authonty of the following resolution adopted:by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY.at a meeting duly field on the 20th day of July,2010 and by theBoard of Directors of ALLEGHENY CASUALTY COMPANY:at a meeting duly 1.held on the 15th day of August,2000: 1. "RESOLVED,that (1)the President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of, Attorneys-in-Fact or agge.:nts with ppower and authorittyy as defined or limited in their respective powers of attorney,and to:execute on'behalf of the Corporation and affix the Corporation's sealahereto,bonds,undertakings, recognizances, contracts of indemnittyy and other written obliggations in the nature thereof or' related thereto; and(2)any such Officers'of the Corporation may appoint and revoke the appointments ofjoint-control:custodians,agents for acceptance of proces$,and.Attorneys-in-fact with authority to execute waivers and consents:on behalf of the.Corporation;and:{3)the signature ofany.such Officer of the. . Co1.rporation and;the Corporation°s' seal may be affixed by:facsimile to any power of attorney or certification given,or the execution of any bond,undertaking, recognizance contract of indemnity or other written obligation in the nature thereof or related thereto;such signature`and seals when:.so used whether heretofore or,:hereafter, ;:being herebyy adopted by the Corporation as the original siggnature of such officer and'the original seal of the.Corporation,to be valid.:' and binding upon the Corporation with the same force and'effect as though manually affixed." i IN WITNEI.SS.WHEREOF, INTERNATIO1. NAL FIDELITY INSURANCE COMPANY :and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of;March;,2012. 11 ti ` . STATE OF NEW JERSEY £I." "�' . County of Essex r; I u, 11 16 f ROBERT W.MINSTER "�` �, k Executive Vice PresidentlChief Operating Officer 1�¢ (International Fidelity Insurance Company) �YL and:President(Allegheny Casualty Company) On this 12th day of March 2012, beforeme came the individual who executed the'preceding'instrument,to me personally known,and, being by me duly.. swom, Said he is the therein described and authorized officer of INTERNATIONAL. FIDELITY INSURANCE:..COMPANY and ALLEGHENY CASUALTY i COMPANY;,that the seals affixed to said Instrument are the Corporate Seals of:said Companies;that the said said Seals and his signature were II I 1I II I II duly affixed by.order of the Boards of Directors of;said Companies. , IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal, cry'„h.„,.,*„r at the:`City of Newark,New Jersey the day and year first above written *Ca 4OTA�g�&!ts+,'s C if a CC''* •+w m •'•:°(,►av •',a6 , A NOTARY PUBLIC OF NEW JERSEY 'r„I;° •• +��,� My Commission Expires Mar.27 2014 . 1I1_1.III1,4 I..1I.. '�,.,00 N'EW ..��` Igtff1.o1110 y . CERTIFICATION I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY:do hereby certify that I have :compared the foregoing copy of the Power,of Attorney and affidavit,and the:copy.of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of.said companies, and that.the same are correct transcripts.thereof,an.d of the whole of the said originals,and that the'said Power of'Attorney has:not be)ejnrev,;oked and is now in full force and effect. IN TESTIMONY:WHEREOF, I have hereunto set.my hand this N day of ., ozof MARIA BRANCO,Assistant:Secretary ACKNOWLEDGMENT State of California County of San Diego On July 22nd, 2013 before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared Michael R. Strahan , who proved to me on the basis of satisfactory evidence to be the personkl whose name s bscribed to the within instrument and acknowled ed to me tha&she.�# executed the same in WwAh"k authorized capacity(ies), and that b hi / signature(4 on the instrument the person 'j, or the entity upon behalf of which the person ,K 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. E. B. STRAHAN Lk Commission # 1893622 Notar)r Public - California z a�i u D an (✓iB�O �Ounijt Signature (Seal) ��```� (t4y Comm.Expires Jun 25,201� Ted Enterprises Inc. TED ENTERPRISES INC MINUTES OF BOARD OF DIRECOTR MEETING Annual meeting Of the Board of Directors of Ted Enterprises Inc.,a California Corporation,was held at 1205 Calle Toledo,San Clemente,CA on October 12,2011 The Board of Directors of the Corporation: Kelley Holt President-Secretary—Treasurer Joe Valdez Vice President Constituting all of the members of the board of directors was present at the time of the meeting. No new motions Presented but to maintain company directives to read as follows: Joe Valdez,Vice-President/Senior project manager has authority to sign all contractual documents and bids for the corporation,and therefore has the authority to obligate the corporation in contractual matters. The undersigned,Kelley Holt,Secretary,certified that Joe Valdez is the duly appointed Vide President of Ted Enterprises,Inc,and that the above is a true and correct copy of the resolution previously adopted.This meeting of bylaws and restated of said corporation on October 12,2011. I have affixed my name as secretary of the corporation,and have attached the seal of Ted Enterprises Inc.to this meeting. Date:October 2011 C Kelley Holt Secretary 555 N 8 Camilm Real A362 San Clemente Ca.92M phone(g4q)361-3065 FAx(949)369—9910 Ljc*949397