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RJ Noble - 2016-06-06
RECEIVED'BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Nam`e) ^} _ _.._.. after signing/dating (Date) / CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION LD TO: City Treasurer FROM: City Clerk / DATE: i -A� —/ 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. 7 TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved (Council Approval Date) CC No. / y Agenda Item No. MSC No. City Clerk Vault No. C , Other No. SIRE System ID No. g1forms/bond transmittal to treasurer CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION DATE: 10/28/2016 TO: THOSE LISTED HEREON FROM: John Griffin, PW Contract Administrator SUBJECT: Retention Release Payment- PO#22043 OJ Supplier#18195 Co.#207 Residential Overlay of Zone 12, Project#1530 Contractor's Name: RJ Noble Address: 15505 E Lincoln Ave City, State and Zip Code: Orange, CA, 92865 Phone Number: 714-6371550 City Business License Number: A005420 Notice of Completion (Date by City Clerk): 10/17/2016 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file. CA- L__� ,_1,7, -,�u Date Travis K. Mopkins, Director of Public Works I certify that there are no outstanding invoices on file. a/ls- I Date Joyce Za l,/s Deputy City Treasurer I certify that no stop notices are on file, and that a guaranty bond has been filed with the City Clerk's Office. -/ 7 1�_Vwx� 9,4&z�tz'� Date Robin Est,,,arn�islau, City Clerk Attachments / ��6� 1. Notice of Completion 2. Maintenance Bond 3. Certificate of Compliance with Prevailing Wage Laws 4. Contractor's Certificate 5. Certificate of Compliance with Title VI1 of the Civil Rights Act and Equal Employment Opportunity Act of 1972 6. Consent for Release letter from the Surety Company Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of public Works 2000 Main Street/P.O.Box 190 Huntington Beach,CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: RESIDENTIAL OVERLAY OF ZONE 12 PROJECT 1530 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 7TH day Of FEBRUARY ,20 17 ,at ORANGE ,California. X ('Contractor Amfrie)TIEVE MENDOZA,SECRETARY R.J.NOBLE COMPANY APPROVED ,3'O FORM y. Milsi'iael E. Gatcs Of ty Attorney i J CONTRACTOR'S CERTMIrATE ( STEVE MENDOZA 'gate and Certify that: (Name of DeClmant) l R.J.NOBLE COMPANY is the general contractor to the City of Huntington Beach("City")on Contract No. #1530 (the"Contract") for the construction of the public work of improvement entitled: RESIDENTIAL OVERLAY OF ZONE 12,PROJECT#1530 (the"Project'). 2. All work to be performed pursuant to the Contract has been completed in acceniance 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. 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 15505 E.LINCOLN AVENUE,ORANGE,CA on this 7TH day Of FEBRUARY 20 17 i �., X i C (St a of Declarant) APPROVED AS TA f RM STEVE MENDOZA,SECRETARY Michael E. Gates City Attorney t i J i i 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 Strcc/P.O.Box 190 Huntington Beach,CA 92649 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: #1530 Project: RESIDENTIAL OVERLAY OF ZONE 12 { The undersigned contractor on the above-referenced project("Project")hereby certifies that it has complied with title VII of the Civil Rights Act,the Equal Opportunity Act of 1972 and Executive Order 11246,and has not discriminated against any employee or applicant for employment because of race,color,religion,sex,sexual orientation,gender identity,national origin,age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race,color,religion,sex,sexual orientation,gender identity,national origin,age or disability(with the exception of access for the s disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this'r" day of FEBRUARY 20 17 ,at ORANGE , California. X IA-1 (Contractol R?I!B STEVE MENDOZA,SECRETARY R.J.NOBLE COMPANY APPROVED AS TO FORM By: Michael E. Gates City Attorney 1 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) �, �q CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION OLD TO: City Treasurer FROM: City Clerk DATE: , � —,q, —/ 7— SUBJECT: Bond Acceptance I have received the bonds for LL-_=7_ (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved (Council Approval Date) CC No. 1-5-2d Agenda Item No. — 42 MSC No. City Clerk Vault No. 6I)0C`'A Other No. SIRE System ID No. —A"/ ,d-4�, g:/forms/bond transmittal to treasurer j Bond No.58736699M { i MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: I That R.J.NOBLE COMPANY (contractors name) 15505 E.LINCOLN AVENUE,ORANGE,CA 92865 (contractor's street address,city and state and zip code) as Principal(hereinafter called Contractor),and: Western Surety Company (surety's name) 915 Wilshire Blvd.,Suite 1650,Los Angeles,CA 90017 (surety's street address,city and state and zip code) a corporation organized and existing under the laws of the State of South Dakota with its principal office in the City of Sioux Falls as Surety(hereinafter called Surety),are hold firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of Dollars (S 1,484,139.43 ), equivalent to the entire contract amount Including all orders,for the payment whereof Contractor and Surety bind themselves, their heirs, executors,administrators,successors,and assigns,jointly and severally,firmly by Bhese presents, .one million four hundred eighty four thousand one hundred thirty nine&431100 WHEREAS,Surety is a duly admitted surety insurer under the laws of the Slate of Caiifomia;and Surety is certified and fisted in the U.S.Department of the Treasury Circular 570,and able to provide proof of bonding limitation shown in said circular is sufficient to provide bonds In the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies,such as from A.M.Best,Moody's,Standard &Poors,to validate that Surety has positive ratings of being secure or stable;and Surety is registered and listed with the California Department of Insurance;and Contractor has by written agreement dated .20 ,entered Into a contract with Owner for the Residential Overlay of Zone 12,Project#1530 In accordance with drawings and specifications prepared by which contract Is by reference made a part hereof(hereinafter referred to as the Contract);and The Contract provides that the principal will guarantee,for a period of gne year,the work performed as part of the Contract from and against all defects in materials and workmanship;and The Contract also provides that the Contractor shall secure Contractor's obligations during the one-year period with a bond executed by a surety duty admitted in the state of California:and The Contract has been completed,and the Owner,Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be February 7 ,2011 NOW. THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner,repair and/or replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanshlp, then this obligation shall be null and void;otherwise it will remain In full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Surety shall,within thirty (30) days following Owners written notice of default, either: (a) remedy the default, or (b) shag promptly complete the Contract in accordance with its tertne and conditions. Surety shall save the Owner harmless tram any claims,judgments,liens or losses arising from the Suretys failure to either remedy the default or to complete the Contract In accordance with its terms and conditions in a timely manner. 15-45841119138 Whenever the Principal shall be,and declared by the Owner to be in default under the Contract,which shall include without limitation,any breach or default of the Contract,then,after written notice from the Owner to the Surety,as provided for below,the Surety shall either. (a)remedy the default or breach by the Principal;or(b)shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirernenta of the Contract with a contractor other than the Principal,at Its own expense,and make available as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder,provided,however,that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner. Within thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal,It shah be the duty of the Surety to give to the Owner a notice,In writing, of the Surety's election to(a)remedy the defaults)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 defaults)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 coats arising from Surety's actions or failure to act; and liquidated damages (or if no liquidated damages are specified In the Contract, actual damages caused by delayed performance or non-performance by the Prindpao. The Surety shall give prompt written notice to the Owner upon completion of the cure or remedy of the Principal's default(s)of Its performance of the Contract. If the Surety does Issue Its Notice of Election and does not proceed to cure or remedy the Principal's default(s)of Its performance of the Work within thirty(30)days after receipt of s written notice from Owner,Surety shall be deemed to be in default on this bond,and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the owner named herein or the successors of Owmer. Signed and sealed this 7 day of February 20 17 Principal Raised Corporate Seal R.J.NOBLE COMPANY [MUST BE AFFIXED] (Contractor Name) By: X (seal) Ll i Principal Raised Corporate Seal STEVE MENDOZA [MUST BE AFFIXED] SECRETARY (Title) Western S a By: oaij .- s Scott alandi,Attomey-in-Fact ~ APPROVED AS T RM.,- -NOTES, Michael E. G es,City Attomey 1, Acknowledgments must be cornpleted and returned i as part of the bond. ;''t I LA 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. 1545941111138 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Califomia County of ORANGE ) On 02/08/2017 before me, J.DE IONGH,NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEVE MENDOZA Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons} whose names}is/are- subscribed to the within instrument and acknowledged to me that he/she/thet executed the same In hisftie Aheir authorized capacityFe!*and that by hisfef#heif signature(oon the instrument the person*, or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. �.DE IONGH WITNESS my hand and offs I seal #2128504 y Commission California 7- public a.-m Orange County z Tres 0ct 28,2p19 Signature Z My Comm'Exv Signatu of Lary Public J. DE IONGH Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑General ❑ Partner — ❑Limited ❑General Individual ❑Attomey in Fact O Individual 0 Attomey In Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other. ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association-www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On February 7, 2017 before me, Lauren Emily Bierman, 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(%) is/ara subscribed to the within instrument and acknowledged to me that he/S to" executed the same in his/bteAkelr authorized capacity(k*, and that by his/kaMhek signature(%) on the instrument the person(s), or the entity upon behalf of which the person(z) 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. 41MY AUREN EMILY BIERMAN COMM.#2097240� NOTARY MUCt UFORMA ORANGE COUNTYSignature (Seal) COMM.EXP.JAN 15,2019 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 hvine,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 21 st day of October,2016. fTY WESTERN SURETY COMPANY ypt � ,PP 4'gr`tN ' aul T.Brullat,Vice President State of South Dakota ss County of Minnehaha On this 21st day of October,2016,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.MOHR June 23,2021 t�eartHcwoat� -'�II'r� J.Mohr,Notary Public CERTIFICATE 1,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 reversyjretreeof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this _day of tYnL Ur U �• - zr� WESTERN SURETY COMPANY 1: L.Nelson,Assistant Secretary Form F4280-7-2012 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary,and Assistant Secretary,Treasurer, or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. Document-2104806-Page-1 Page 1 of 1 f Recorded in Official Records,Orange County Hugh Nguyen,Clerk-Recorder II 1111 II II III III 11111 1 � II II NO FEE PLEASE COMPLETE THIS INFORMATION $ R 0 0 0 8 7 8 2 8 2 7 $ RECORDING REQUESTED BY: 201600051455010:56 am 10/20/16 217 405 N12 1 G 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 i ) si WHEN RECORDED MAIL TO: f I CITY OF HUNTINGTON BEACH { i PUBLIC WORKS DEPARTMENT I Attn:John Griffin P.O. Box 190—2000 Main Street Huntington Beach,CA 92648 i THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION i i 4 NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street,Huntington Beach,CA 92648,that il the contract heretofore awarded to RJ Noble,who was the company thereon for doing the following work to-wit: Residential Overlay of Zone 12,Project#1530 That said work was completed 10/11/2016 by said company according to plans and specifications and to the satisfaction of the City i Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on 10/11/2016,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 a 6103 and should be recorded free of charge. v C f / A /r Direc(er of Publi Works or City Engineer Date 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 S have read said NOTICE OF COMPLETION and know the contents thereof,the same is true of my knowledge. y I declare under penalty of perjury that the foregoing is true and correct,and that said NOTICE OF COMPLETION was duly and j regularly ordered to be recorded in the Office of the County Recorder of Orange County. i This document is solely the official business of O � en, City of Huntington Beach,as contemplated �// !` I under Government code section. 5103 and Direc r of Public Works or City Engineer Dam should be recorded free of charge. City of Huntington Beach,California THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) about:blank 10/20/2016 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND R.J. NOBLE COMPANY FOR RESIDENTIAL OVERLAY OF MAINTENANCE ZONE 12, CC No. 1530 THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and R.J. Noble Company, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Residential Overlay of Maintenance Zone 12, CC1454 in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or 1 14-4390/121301 discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 14-4390/121301 D. The edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 14-4390/121301 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed One Million, Four Hundred Twenty Eight Thousand, Seven Hundred Sixty Five Dollars ($1,428,765.00), 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 forty (40) consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 4 14-4390/121301 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 14-4390/121301 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other 6 14-4390/121301 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 each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the 7 14-4390/121301 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 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. CHANGES IN WORK A. Definitions. (1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR or CITY for changes in the work as stipulated in the contract documents. B. No Change Order may be granted except where the CONTRACTOR has submitted a Demand to the DPW (or his or her written designee). All Demands shall be 8 14-43 90/121301 submitted promptly, but in no event later than fifteen (15) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen (15) days after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater. C. Notwithstanding the fifteen (15) days to submit a Demand under Subparagraph C, in the case of changed conditions or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions immediately, so that the CITY may promptly investigate the conditions. D. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the DPW, in writing, either within fifteen (15) days of receipt of the DPW's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve. E. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the DPW shall issue a written decision on the claim within a reasonable time. 9 14-4390/121301 F. Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be 10 14-4390/121301 deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 11 14-4390/121301 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or.operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall 12 14-4390/121301 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. 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 13 14-4390/121301 products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of$5,000.00 is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force; and 14 14-4390/121301 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. 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 15 14-4390/121301 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, 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, 16 14-4390/121301 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 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 17 14-4390/121301 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 ATTN: John Griffin, Public Works ATTN: Kori Porter 2000 Main Street 15505 E. Lincoln Ave. Huntington Beach, CA 92648 Orange, CA 92865 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for 18 14-4390/121301 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 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. 19 14-4390/121301 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. 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 20 14-4390/121301 acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 42. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 21 14-4390/121301 43. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 22 14-4390/121301 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers onJ�Jj 20 1� CONTRACTOR: CITY OF HUNTINGTON BEACH, a R J Noble Company mun. ipal corporation of the State of California BY: X MICH ARVER r Mar (print name) ITS: Chairman I Presiden / Vice-President City Clerk (circle one) INITIATED AND gp,P . OVED: AND BY X Director of Public Works STEVE MEN ZA (print name) ITS ecretar / Chief Financial Officer REVIE APPROVED: Asst. Secretary /Treasurer (circle one) City Manager APPROVED ASS ORM: City Attorney 23 14-4390/121301 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 �'-".--."_ _ _ - .g"(j6Cef�r.�.•".£-'�QCi�iE�.c�..`rC�`a�rfiw���4G1`_.»M2-Vr�i[YP.Gf .CSC>.f_FJfi`C.(X-sC�AFItMm,!e£-.•S�ii"� .£'C�.t'�- b`fF��1i A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of ORANGE ) On 07/11/2016 before me J. DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MICHAELJ.CARVER Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons} whose names} is/are- subscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his'hw/their,authorized capacity(ieo,, and that by his/her/their signature(oon 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. J. DE IONGH WITNESS my hand and official seal. Commission # 2128504 Notary Public - California D Oct 2B,2019 Signature Signalturef f otary Public J. DE IONGH Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: 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): ❑ Partner — i Limited ❑General ❑ Partner — ❑Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www.NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California } County of ORANGE ) On 07/11/2016 before me, J. DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEVE MENDOZA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons} whose name(s)- is/are- subscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his/her/their authorized capacity(ieo,, and that by his/her/t-heir signature(oon 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. J. DE IONGH WITNESS my hand and official seal Commissior a "'?8504 a m o Notary Public . Cai,iornia z 2 ' c-� +• D z orange County Signature My Comm. Expires Oct 28,2019 Signature f ffotary Public J. DE IONGH Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: 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): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association -www.NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 SECTION C 2 )Wl&r PROPOSAL for the construction of RESIDENTIAL OVERLAY OF MAINTENANCE ZONE 12 from PROJECT LIMITS CC No. 1530 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 40 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 SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC 1530 BID ITEMS Item Dewr4douQuadty Usk Unit Coat Total co" No. (Ldenlm) 1 Mobilization including crack sealing 1 LS $J 6,ooa.00 $ 51�•ndo. o0 2 Cold Mill per Detail in Specifications including disposal 650,000 SF $ 0 U $ ct 7,Soo.o0 3 Fumish and Install Petromat per Specifications 1,200,000 SF $ 0 . 06 4 Install Type III C3-PG-64-10-RAP Asphalt Concrete Overlay 1 '/2"(0.12') 16,800 TN $ S S, 7 S $ `1 ➢7,o o c o o Provide pavement removal with 2"(0.17')Cold Mill and 5 Installation of 2"(0.17')Class B PG 70-10-RAP AC base course at various locations 30,000 SF $ 1 7- $ 3 3 6 o o, o 6 Provide Sewer Manhole Ring and Cover to replace any damaged Ring or Cover 5 EA $ 4-to. o o $ 7 Replace and adjust Water Valve Cover to grade 210 EA $ lO JU $ bTCl lao. Oo 8 Adjust City Sewer Manhole to grade 149 :JEA $ l 7o yo $ 9 Adjust Storm Drain manhole to grade 5 ;$]:7o. o $ 10 Adjust Monitoring Well to grade 3 LS $ $ t'-ZJO.Oo 11 Provide Coating for Sewer Manhole Adjustment 25 EA $ 3 $ `�,3�5• ao 12 Install Traffic Loops 4 EA $ ¢c S, o o $�16Co• 0 o 13 Construction Project Traffic Control 1 LS $ 79do•oo $ -7�:00, 00 14 Install Traffic Striping in Kind 1 LS $gs-oo•oo $ ff,.foo 0 0 15 Prepare Storm Water Pollution Prevention Plan (SWPPP) 1 LS $ ,voa- pb L�161:lnstall Construction BMPs 1 LS $ 6300 ao $ TOTAL BID AMOUNT (BASIS OF AWARD)—SCHEDULE A $ V,f Z 9, ?CS. o TOTAL BID AMOUNT IN WORDS: 11 l V ✓� nn',Il;u� �a�r- l.ov.dred {-wen�y e' I- aVSQwd SCveh 1 v n d red S i >e 4 X Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.1 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%BIDDER'S BOND in the amount of------------------------which said amount is not less than 10%of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR Dollar % of Item(s) Subcontractor License Number Amount Contract Number G,'&" G 4-? 4 p7s -v. F�- S � �3a'G id'.�ao I"\2VS t ?a-Z tooWS6y� S -,, cd „i yz6¢5 1 8 f 61,,5,nc-r t) �. 77 i000068� g 7 a. So 6 �o 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 04/21/16 , at ORANGE CA Date City State STEVE MENDOZA being first duly sworn, deposes and says that he we is SECRETARY of R.J. NOBLE COMPANY the ply 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 Signature of Bjdder STEVE MENDOZA,SECRETARY 15505 E. LINCOLN AVENUE, ORANGE,CA 92865 Address of Bidder C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ? County of ORANGE ) On 04/21/2016 before me, J. DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEVE MENDOZA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(sy whose name(!} 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 Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official s al J. DE IONGH Commission#2128504 Z Notary Public-California > Signature Z Orange Counts Sig ' t f Notary Public fd Comm.Ex ires Oct 28,2019 J. DE IONGH Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: 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): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attomey in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) 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 RESIDENTIAL OVERLAY OF MAINTENANCE ZONE 12, (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 By STEVE MENDOZA, SECRETARY Title Date: 04/21/2016 C-s DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the 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? 0 Yes 0 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. R.J. NOBLE COMPANY Contractor x By STEVE MENDOZA, SECRETARY Title Date: 04/21/2016 C-7 �laC�si� Otill2ovt5' — �v6�� y2 _ �-, /�tE3DGOr S��,r�ss �cLtk� p���,uracC4 Gs� i t Z6S Y t7 . � 2- lip 5v-�)ey ✓ � � � 6cc�(o © � - � 7y8r CITY OF HUNTINGTON BEACH PROJECT NAME: Residential Overlay of Zone 12 CC#: 1530 BID OPENING DATE: 4/21/2016 TIME & LOCATION: 2:00 PM in Council Chambers ENGINEER'S ESTIMATE: $1,700,000,00 BIDS SUBMITTED (AS READ AT OPENING) --77 BIDDER'S NAME FINAL APPARENT BID RANK AMOUNT All American Asphalt, Corona Excel Paving, Long Beach Hardy& Harper, Santa Ana �— �� �g y�yco, ` RJ Noble, Orange Shawnan, Downey " laOg�� 45 Sully-Miller, Brea � �dlDdv � l Cda 2z <y�s PTS_01252016_Version_15_CC1530 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 ) 637-1550 Telephone Number 782908 CLASS A&C-12 State Contractor's License No. and Class AUGUST 2000 Original Date Issued AUGUST 31,2016 Expiration Date The work site was inspected by STEVE MENDOZA of Our Office On APRIL 15 2�1 6 The following are persons, firms, and corporations having a principal interest in this proposal: MICHAEL J.CARVER,PRESIDENT CRAIG PORTER,VICE PRESIDENT STEVE MENDOZA,SECRETARY JAMES N. DUCOTE,TREASURER KASONDRA CARVER,ASSISTANT SECRETARY AUSTIN CARVER,ASSISTANT SECRETARY The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. R.J.NOBLE COMPANY Company x Signature of adder STEVE MEND ZA,SECRETARY Printed or Typed Signature J. OE IONGH Commission#�2128504 Subscribed and sworn to before me this 21STday of APRIL 201s �: Notary Public-California Orange County L. My Comm. Expires Oct 28,2019 NOTARY PUBLIC X 1A A Pl-�� J. DE IONGH V NOTARY SEAL C-8 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in Public right-of-way.- Sanitary sewer lift stations of similar size Project work within Public streets, an area containing high ground water and Pipeline construction in high ground water reizions with trench depths of-8-feet to the invert "I. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1, WALT DISNEY IMAGINEERING 1401 FLOWER STREET,GLENDALE,CA 91221 Name and Address of Public Agency Name and Telephone No. of Project Manager: KENNETH DENSKI 714-284-6342 $4.1 MILLION GRADING, PAVING. STORM DRAINAGE AUGUST 2010 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: WALT DISNEY IMAGINEERING SP-9 PARKING FACILITY GRADING AND PAVING PARKING LOT RECONSTRUCTION WITH UNDERGROUND STORM DRAINAGE SYSTEMS INSTALLED 2• CITY OF TUSTIN, 300 CENTENNIAL WAY,TUSTIN,CA 92780 Name and Address of Public Agency Name and Telephone No. of Project Manager: BENNY TENKEAN 714-573-3161 $22.6 MILLION ROAD RECONSTRUCTION WITH STORM DRAIN IMPTS APRIL 2014 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: TUSTIN RANCH ROAD RECONSTRUCTION WITH STORM DRAIN IMPROVEMENTS 3• CITY OF TUSTIN, 300 CENTENNIAL WAY,TUSTIN, CA 92780 Name and Address of Public Agency Name and Telephone No. of Project Manager: BENNY TENKEAN 714-573-3161 $15.1 MILLION ROAD RECONSTRUCTION WITH STORM DRAIN IMPTS APRIL 2014 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: BARRANCA ROAD RECONSTRUCTION WITH STORM DRAIN IMPTS C-9 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1 KORI PORTER, PROJECT MANAGER Name of proposed Project Manager Telephone No. of proposed Project Manager: 714-637-1550 EXT 359 CITY OF ORANGE ANNUAL PAVEMENT MAINTENANCE$2.8 MILLION CLASS A WORK FEBRUARY 2014 Project Name & Contract Amount Type of Work Date Completed CITY OF COSTA MESA 2012-2013 STREET REHAB CITY PROJECT 13-01 $3.6 MILLION CLASS A WORK SEPTEMBER 2015 Project Name & Contract Amount Type of Work Date Completed CITY OF IRVINE JAMBOREE ROAD PAVEMENT REHABILITATION$1.1 MILLION CLASS A WORK FEBRUARY 2014 Project Name & Contract Amount Type of Work Date Completed 2. CHUCK SPIERS, GENERAL SUPERINTENDENT Name of proposed Superintendent Telephone No. of proposed Superintendent: 714-743-1383 CITY OF RIVERSIDE MINOR STREET MAINTENANCE PHASE 1 $2.6 MILLION CLASS A WORK OCTOBER 2015 Project Name & Contract Amount Type of Work Date Completed COUNTY OF ORANGE AC OVERLAY RESURFACING$5 MILLION CLASS A WORK MARCH 2O14 Project Name & Contract Amount Type of Work Date Completed CITY OF TUSTIN ARMSTRONG AVE&WAGNER AVE$10 MILLING CLASS A WORK SEPTEBER 2015 Project Name & Contract Amount Type of Work Date Completed C-10 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/P WCR/ActionServlet?action=displayP WCRegistrationForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. R.J.NOBLE COMPANY Contractor x By STEVE MENDOZA,SECRETARY Date: 04/21/2016 Title DIR#: 1000004235 C-11 Public Works Contractor Registration Search 7Ma r.rY+O a cwrerf..rtl acm.tarxl>ura..tl.n.OurWPr n Ovifpn)P.n]cn.Mar 1lrOmm.Mn`.wm.enan 1fl01 a 8r Cynornia�.xv'`�na �fNr.Y ar.arrcn cnMl.m...I.Y acr.r..almMpOeP aau.aw.a.gl a�ItCniM v.ur eeMCPO'N RplNl.t"'Num.N: e I:38io)990 _� Contracts utlal N.nle. N: vL6rf t OMVaNY rMrnnnr i Ir.nu i nn4un Ik.n.e Num..r: �ezace a.arc0 0...t P.M.N. O.nb.Ow R.9i,WU.1 W.0 a.—R.-It. Ofle R.gat.re0 Contra[:.I.. I LpY N.M N.tlr..O.w+NumWp -LitMY IYPa�R.i.0M.1 gpl....an Dar FJ.BYW�OaM ftJ.NOBLE COMPANY :5L0.782908 01r16/2015 06130,2015 4.Ptl11 m'.�E.LeI��Por ODD Western Surety BID BOND (Percentage) Bond Number: N/A KNOW ALL PERSONS BY THESE PRESENTS, That we R. J. Noble Company of Orange, California 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 10 %) 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 Residential Overlay of Maintenance Zone 12 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 contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay 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 7 day of April 2016 R. J. Noble Company (Principal) By X (Seal) 1 STEVE ME OZA, CRETARY Western Surety Com an ( ety) By _ (Seal) Jam coltSalandi Attorney-in-Fact Form F5876 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of ORANGE ) On 04/08/2016 before me, J. DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEVE MENDOZA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons} whose name(sy 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/theif signatures}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. J. DE IONGH WITNES my h and official seal. Commission#2128504 RMV Notary Public -California i Orange County > Signat e Comm. Expires Oct 28, 1) Signature of Notary Public J. E ONGH Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: 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): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing- ©2014 National Notary Association •www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On April 7, 2016 before me, Lauren Emily Bierman, 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/aRX subscribed to the within instrument and acknowledged to me that he/gbtO" executed the same in his/hexAhak authorized capacity(ie*, and that by his/haxftek signature() 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. �.�°FjN�, LAUREN EbIILY BIERIr1AN N COMM.#2097240 W a► r NOTARY PUBLIGCALIFORNIA 0. ORANGE COUNTY N MY COMM.EXRJAN 15,2019 Signature (Seal) - u 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 17th day of December,2015. ^"aEry� WESTERN SURETY COMPANY �,s�....... x �Qj'oaPOR,gr cCA `5 s ♦P. 0lN DPµ APaul T.Bruflat,Vice President State of South Dakota ss County of Mixmehaha On this 17th day of December,2015,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.MOHR NoruRrauauc June 23,2021 p S_ 64( a J.Mohr,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney heremabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation fhls_ day of 1 - : CON WESTERN SURETY COMPANY.-............moo �``w�►H D?�� L.Nelson,Assistant Secretary Form F4280-7-2012 x K Bill ` ffn g lS M y F� "^,"w 9 1 } yi thsUll of 131 � 1 n' N U uJ a Q � o Z � 0 " O � v AL. cr x ~U 11-] Z cp T 0 z • Z Q Q ll.l T t , S Lu L1J Q 11 ^ ,.1 z> = O V Z z o Z W o Q I— N, Z a � b r re d"t y�• gi ' cn Ln �N t U Cn LU CD Cl— h Z w F— ca LL O tC r U C Q RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. � "..�� /� Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved (Council Approval Date) CC No. �� 30 Agenda Item No. / MSC No. City Clerk Vault No. Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer Bond No.58736699 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as'City")has awarded to R.J.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: _RESIDENTIAL OVERLAY OF MAINTENANCE ZONE 12 (P roject Titl e) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers,mechanics,rnaterialmen,and other persons as provided by law, by a duly admitted surety insurer under the laws of (he State of California (he(einafler referred to as "Surety"); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds in the arnount required by said Contract;and Surety has provided financial strength ratings from reputable companies,such as from A.M.Best, Moody's or Standard&Poor's,to validate that Surety has positive ratings of being secure or stable;and Surety is registered and listed with the California Department of Insurance. NOVV THEREFORE,we,the undersigned Principal,and _ Western Surety Company,915 Wilshire Blvd.,Suite 1650,Los Angeles, CA 90017 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of one million four hundred twenty eight thousand seven hundred sixty five&00/100 dollars($ 1,428,765.00 ),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 1816 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. PAYNtENT BOND Pale 7 J2 11-458A/l 17357 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California } County of ORANGE } On 07/12/2016 before me, J. DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEVE MENDOZA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s} whose names} is/are- subscribed to the within instrument and acknowledged to me that he/s-he/they-executed the same in his/her/t-heir authorized capacity(ieo,, and that by his/her/their signature(oon 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 J. DE IONGH is true and correct. commission #21285oa WITNESS my hand and of ial seal a'_m Notary Public -California D z ` ... Orange County j .. My Comm.Expires Oct 28:2�0�19 , Signature Sig atu bf Notary Public J. DE IONGH Place Notary Seal Above -— OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: 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): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On July 11, 2016 before me, Lauren Emily Bierman, 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($) is/axx subscribed to the within instrument and acknowledged to me that he/WAR" executed the same in his/h?9K b& authorized capacity(j*, and that by his/higrAki9k signature( on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the i nstrument. 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�:°`;�E,� 111UREW EMfLY BIERhOAW comm.#2097240 X W a ; NOTARY PUBLIC-CALIFORNIA X Signature V 0 UMA �^������.� (Seal) 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 confir-med. 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 16th day of June,2016. WESTERN SURETY COMPANY aul T.Bnuflat,Vice President State of South Dakota ss County of Minnehaha On this 16th day of June,2016,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.MOHR NOTARY PUBLIC ��� June 23,2021 Fs� Bourn oAHorA seA 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 corpor�tip;r printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this �_ day of \J Q .•-.._........... WESTERN SURETY COMPANY ap c Lz L.Nelson,Assistant Secretary Form F4280-7-2012 Bond No.58736699 PEa FOIRMAW"'E 80VAD KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach(hereafter referred to as"City")has, by written agreement dated 20_,entered into a contract with R.J.NOBLE COMPANY 15505 E.LINCOLN AVENUE ORANGE CA 92865 (name and address of Contractor) (hereinafter referred to as"Principal"),for performance of the work described as follows: RESIDENTIAL OVERLAY OF MAINTENANCE ZONE 12 (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;and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract, by a duly admitted surety insurer under the laws of the State of California(hereinafter referred to as"Surety");and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies,such as from A.M. Best,Moody's,or Standard&Poor's,to validate that Surety has positive ratings of being secure or Stable;and Surety is registered and listed with the California Department of Insurance, NOW,THEREFORE,we,the undersigned, as Principal,and Western Surety Company,915 Wilshire Blvd.,Suite 1650,Los Angeles,CA 90017 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of one million four hundred twenty eight thousand seven hundred sixty five&00/100 _ Dollars($ 1,428,765.00 ?,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,adrninisirators 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 indemnity and save harmless City and all of City's officers,agents and employees(hereinafter collectively referred to as"Obligees")fromany and all losses, liability and damages, claims,judgments,stop notices,fees and costs of every description,whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract,including all alterations,amendments and modifications thereto,and any warraniies or guarantees required thereunder,then this obligation shall be void;otherwise,it shall be and shall remain in full force and effecl. Surety stipulates and agrees,for value received,that no adjustment of the time or price in the Contract or any alteration,change,deletion,addition or other modification to the Contract,or the work to be performed thereunder,shall in any way affect,limit,restrict,impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract or contract price,and any other alteration,change, deletion, addition or other modification to the Contract,or the work to be performed thereunder,and agrees l i-4584/1)7174 St)rid 1140. 58736699 to automatically adjust the penal sun-of this Bond to reflect such adjustments,alterations,changes, deletions,additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code§§2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF,each party represents and warrants that this instrument has been duly executed by Principal and Surety,on the date set forth below,that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety,by execution of this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: July 11,2016 ATTEST R.J.NOBLE COMPANY (Corporate Seal) (Principal Flame) By:X_ — Name:STEYPEC10OZA Title:SECRETARY ATTEST Western Surety Company (Corporate Seal) Jr e) By: ��' Name:,�&nTeS Scott Salandi (Signature of Attorney-in-Fact for Surety) (Attach,q" rney-in-Fact Certificate) U 866-404-7926 (Area Code&Telephone Number for Surety) APPROVED AS TO FORti%k BY:�' "; _ "Michael E.Gates,City Attorney Note- This bond must he 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. PERFORMANCE BOND Page 2 of 2 15-4584/117174 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of ORANGE ) On 07/12/2016 before me, J. DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEVE MENDOZA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s} whose names} is/are- subscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his/her/their authorized capacity(ies}, and that by his/her/their signature(s}on the instrument the person(s); or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. J. DE IONGHhit" WITNESS my hand and offi ial eal. Commission # 2128504 / z ;-+e Notary Public -California zZ z ' Orange County My Comm. Expires Oct 28,2019 J Signature Signatur No ary Public J. DE IONGH Place Notary Seal Above - - OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: 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): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On July 11, 2016 before me, Lauren Emily Bierman, 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(g) whose name(A) is/aNx subscribed to the within instrument and acknowledged to me that he/slwfty executed the same in his/horA c k authorized capacity(i*, and that by his/btorAhok signature( on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the i nstrument. 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. LAUREN EMILY 81ERMAN COMM.M 2097240%0 ' s w NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY N MY COMM.EXP.JAN 15,2019 Signature. �� ;� (Seal) J — 7/19/2016 Company Profile I COMPANY PROFILE Company Profile Company Search Company Information Company Search Results WESTERN SURETY COMPANY Company 333 S. WABASH AVEMIE Information CHICAGO, IL 60604 Old Company Names Old Company Names Effective Date Agent for Service Reference Information Agent For Service NAIC Group List Vivian Imperial Lines of Business 818 WEST SEVENTH STREET Workers' SUITE 930 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: —7] SOUTH DAKOTA Company Enforcement Action Composite back to top Complaints Studies Additional Info NAIC Group List Find A Company Representative In Your Area NAIC Group #: 0218 CNA INS GRP 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 © 2008 California Department of Insurance https:/f nteractive.web.insurance.ca.gov/companyprofiIe/companyprofiIe?event=companyProfiile&doFunction=getCompanyProfile&eid=2977 1/1 AMB RATING DISCLOSURE FORM 000974-Western Surety Company 1.The Symbol, Number, or Score in the Rating Scale used to Denote the Credit Rating Categories and Notches as required by Paragraph (a)(1)(ii)(A) of Rule 17g-7 Western Surety Company A.M.Best#: 000974 NAIC#: 13188 FEIN#: 46-0204900 Financial Strength Rating View Definition Rating: A(Excellent) Affiliation Code: Financial Size Category: XIII ($1.25 Billion to$1.5 Billion) Outlook: Stable Action: Affirmed Effective Date: February 23, 2016 Initial Rating Date: June 30, 1922 Long-Term Issuer Credit Rating View Definition Long-Term: a Outlook: Stable Action: Affirmed Effective Date: February 23, 2016 Initial Rating Date: June 21,2005 (1) Denotes Indicative Rating u Denotes Under Review Rating Best's Credit Rating Analyst Rating Issued by: A.M.Best Rating Services, Inc. Senior Financial Analyst: Michael W.Russo Assistant Vice President: Jennifer Marshall, CPCU,ARM 2.The Version of the Procedure or Methodology used to Determine the Credit Rating as required by Paragraph (a)(1)(ii)(B) of Rule 17g-7 Page 1 of 12 7/19/2016 Company Profile CALIFORNIA DEPARTMENT OF INSURAN COMPANY PROFILE Company Profile Company Search Company Information Company Search Results WESTERN SURETY COMPANY Company 333 S. WABASH AVEMIE Information CHICAGO, IL 60604 Old Company Names Agent for Service Old Company Names Effective Date I Reference Information Agent For Service NAIC Group List Vivian Imperial Lines of Business 818 WEST SEVENTH STREET Workers' SUITE 930 Compensation LOS ANGELES CA 90017 Complaint and Request for Reference Information Action/Appeals 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 Your Area NAIC Group #: 0218 CNA INS GRP 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 © 2008 California Department of Insurance https://interactive.web.i nsurance.ca.gov/com panyprofi l e/com panyprofi le?event=com panyProfi le&doF uncti on=getCom panyProfi le&ei d=2977 1/1 <MB R2iTING DISCLOSURE FORM 000974-Western Surety Company 1.The Symbol, Number, or Score in the Rating Scale used to Denote the Credit Rating Categories and Notches as required by Paragraph (a)(1)(ii)(A) of Rule 17g-7 Western Surety Company A.M.Best#: 000974 NAIC#: 13188 FEIN#: 46-0204900 Financial Strength Rating View Definition Rating: A(Excellent) Affiliation Code: Financial Size Category: XIII ($1.25 Billion to$1.5 Billion) Outlook: Stable Action: Affirmed Effective Date: February 23, 2016 Initial Rating Date: June 30, 1922 Long-Term Issuer Credit Rating View Definition Long-Term: a Outlook: Stable Action: Affirmed Effective Date: February 23, 2016 Initial Rating Date: June 21, 2005 (i) Denotes Indicative Rating u Denotes Under Review Rating Best's Credit Rating Analyst Rating Issued by: A.M.Best Rating Services, Inc. Senior Financial Analyst: Michael W. Russo Assistant Vice President: Jennifer Marshall, CPCU,ARM 2.The Version of the Procedure or Methodology used to Determine the Credit Rating as required by Paragraph (a)(1)(ii)(B) of Rule 17g-7 Page 1 of 12 CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM!.._ 11 S/Va�i1� /i»4�1a PROJECT: (Contrictot Name) >Me Jfa I Q CaLf ZS3G L m9 l,/,i At,e- r (street Address) _ Om Q14 6 (City,State and Zip) TO: CITY OF HUNTINGTON 6FACH DECLARATION - � Attached hereto Is a true and correct copy of the current Ceftifcate x inswance and Add'tional Insured Endors went Cr. 2010 11as, which cer incalte complies with the trrafrance requirwnents of the contract by and between the Cky of Hurdirtgtw Beech C`CIty7 and the abow►iiamed Contractor(`Contraorj for the above-oescnbea project(`Pro)ect"). I declare under mutly of pe*ry under the laws of the State of N'fwnla that the above statement Is true and correct Signed an_ :"/sO,`nlA a: Gate; (S"V*t_Q rhdtvidua!Vj&A Matdng Dedaration) WARRANTY Corrbldctor hemay warrants and Dgrees 0 mairtain ProcLcts and Completed Operations Insurance in compkam-e witlr the Insurance reWirern"of the Contract for the Project Said tns,mance strap be maintained through and until the expk-aticr of aV Warranties Provided by Contractor. Said insuance shall con3in Adciboml Insured Endo sement CG 2010 11E5,naming City as an adeihonal insured. Contractor shall supply to C;v,an at least ar,annual basis,a Certr.cate of Insurance a-rd the aforementtored Enclonsernert evldencng corbnued coverage which rreets the Certraet requirernettt,. Signed on at fQlk]� (fie) —�City,state) COWMAC pR: Mane;__AS�G LDnYX3YtN By NW n T aruar s AC" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) k 7/11/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Patriot Risk & Insurance Services NAME: 100 Spectrum Center Drive, Suite#400 PHONE FAX Irvine, CA 92618 c L. 949 486-7900 FAX No: 949 486-7950 E-MAIL ADDRESS: INSURER 3 AFFORDING COVERAGE NAIC# www.patrisk.com OK07568 INSURERA: Zurich American Insurance Company 16535 INSURED INSURER B: R. J. Noble Company, Inc.15505 Lincoln Avenue INsuRERc: P.O. BOX 620 INSURERD: Orange CA 92856-9020 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 30851218 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 ADDL SUBR POLICY EFF POLICY EXP LTR POLICYNUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A ,/ COMMERCIAL GENERAL LIABILITY ✓ ✓ GL0017436602 7/1/2016 7/1/2017 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR DAMAGE TO REN ED ✓ PREMISES Ea occurrence $ 300,000 APPROVED AS TO FORM MED EXP(Any one person) $ 5,000 ✓ Contractual Liability p ( '^ PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: By: l 20I6 GENERAL AGGREGATE $ 2,000,000 POLICY ✓� PRO- ❑ MICHAEL E. GATE PJECT LOC CITY ATTORNEYS PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: .TON $ A AUTOMOBILE LIABILITY ✓ ✓ BAP017436702 7/1/2016 7/1/2017 COMBINED tSINGLE LIMIT $ 1,000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE ✓ AUTOS ONLY ✓ AUTOS ONLY Per accident $ A UMBRELLA LIAB �/ OCCUR AUC017437202 7/1/2016 7/1/2017 EACH OCCURRENCE $ 10000000 ✓ EXCESS LIAR CLAIMS-MADE Policy Follows Form Over AGGREGATE $ 10,000,000 Underlying General Liab. $ D A WORKERS COMPENSATION ✓ WC017436302 7/1/2016 7/1/2017 PER oTH- AND EMPLOYERS'LIABILITY ✓ STATUTE ER ANYPROPRIETOR/PARTNER/EXECUT IVE YIN No Deductible for Workers OFFICER/MEMBER EXCLUDED? ❑ N/A Compensation E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in 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 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: RJN#91545 City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are named as Additional Insured, includes Primary&Non-contributory as respects to General Liability&Auto Liability per endorsement attached where required by written contract. Waiver of subrogation applies to GL,Auto and Work and in favor of the additional insureds per attached endorsement 30 days notice of cancellation, 10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION Clt of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE g THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 0 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE f Leonard E.Ziminsky ! ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 30851218 1 16/17 - GL/AU/EXC/WC Lauren Bierman 17/11/2016 4:56:59 PM (PDT) I Page 1 of 6 Additional Insured — Owners, Lessees Or Contractors — ZURICH' Scheduled Person Or Organization Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer No. AddT Preen Return Preen. GLOO17436602 7/1/2016 7/1/2017 7/1/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured:R.J. Noble Company, Inc. Address(including ZIP Code): 15505 Lincoln Avenue Orange CA 92856-9020 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Covered Operations Or Organization(s) City of Huntington Beach,its officers,employees and agents and Volunteer e: RJN#91538 A. Section 11 — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule above, whom you are required to add as an additional insured on this policy under a written contract or written agreement. However, if you have entered into a construction contract or construction agreement with an additional insured person or organization shown in the Schedule of this endorsement, the insurance afforded to such additional insured only applies to the extent permitted by law. B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property damage" or "personal and advertising injury" covered under Section I —Coverage A— Bodily Injury And Property Damage Liability and Section I—Coverage B—Personal And Advertising Injury Liability, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, and resulting directly from your ongoing operations or"your work" as included in the"products-completed operations hazard", which is the subject of the written contract or written agreement at the Location designated and described in the Schedule above. C. However, regardless of the provisions of Paragraphs A.and B.above: 1. We will not extend any insurance coverage to any additional insured person or organization: U-Gt--1177-E Cw(04/12) Page 1 of 2 30851218 1 16/17 - GL/AU/EXC/WC I L-e4naludmconvdatdadmaterw mf4insurancefierviumd0ffice.Inc..with its oerrnission. a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. E. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an"occurrence"or offense that may result in a claim; 2. We receive written notice of a claim or"suit"as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. F. For the coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory with respect to any other policy upon which the additional insured is a Named Insured. In that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added to Paragraph 4.b.of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same"occurrence", offense, claim or"suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. All other terms and conditions of this policy remain unchanged. U-GL-1177-E CW(04/12) Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 2 30851218 16/17 - GL/AU/EXC/WC I Lauren Bierman 1 7/11/2016 4:56:59 PM (PDT) I Page 3 of 6 R. J. Noble Company, Inc. POLICY NUMBER:GLO017436602 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Huntington Beach,its officers, employees and agents and Volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or '.your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ 30851218 16/17 - GL/AU/EXC/WC I Lauren Bierman 17/11/2016 4:56:59 PM (PDT) I Page 4 of 6 POLICY NUMBER:BAP017436702 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are"insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured:R.J.Noble Company,Inc. Endorsement Effective Date:7/1/2016 SCHEDULE Name Of Person(s)Or Organization(s): City of Huntington Beach,its officers,employees and agents and Volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an"insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 1013 0 Insurance Services Office, Inc., 2011 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsTm 30851218 1 16/17 - GL/AU/EXC/WC I Lauren Bierman 1 7/11/2016 4:56:59 PM (PDT) I Paqe 5 of 6 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 7/1/2016 at 12:01 A.M. standard time, forms a part of (DATE) Policy No. WC017436302 Endorsement No. of the Zurich American Insurance Company (NAME OF INSURANCE COMPANY) issued to R.J.Noble Company, Inc. !,,• Premium (if any) $ C Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Huntington Beach,its officers,employees and agents and Volunteers Re: RJN#91538 WC 252(4-84) WC 04 03 06(Ed.4-84) Page 1 of 1 30851218 1 16/17 - GL/AU/EXC/WC I Lauren Bierman 1 7/11/2016 4:56:59 PM (PDT) I Page 6 of 6 City Of Huntington Beach ., 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk October 18, 2016 R. J. Noble Company ATTN: Kori Porter 15505 E. Lincoln Ave. Orange, CA 92865 Re: Residential Overlay of Maintenance Zone 12— CC-1530 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, Robin Estanislau, CIVIC City Clerk RE:pe Enclosures: Copy of Contract including Proposal Copies of insurance Bid Bond (original) Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand RECEIVEDEBY:•- _ CITY CLERK RECEIPT COPY ;r.. Return DUPLICATE to �> 1 City Clerk's Office (Name) i % after signing/dating (Date) CITY OF HUNTINGTON BEACH r ; INTERDEPARTMENTAL COMMUNICATION ir4� TO: City Treasurer FROM: City Clerk J-y ) DATE: /(/ —/ / SUBJECT: Bond Acceptance I have received the bonds for /0,7— 1. (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. 7"....'"&��' J i Payment Bond (Labor and Materials) Bond No. 6-9 :�'-3 fn_ 6 9 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 rzol,� (Council Approval Date) CC No. 1,j 30 Agenda Item No. MSC No. City Clerk Vault No. � 50, Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer RIGHT OF ENTRY AND CONSTRUCTION ENCROACHMENT AGREEMENT This Right of Entry and Construction Encroachment Agreement (the "Agreement") is made and entered into as of July 18, 2016 (the "Effective Date"), by and between (1) the City of Huntington Beach, a California municipal corporation and Charter City ("Grantee") and (2 ) the Ocean View School District of Orange County ("Grantor" or the "School District"), as the owner of that certain real property commonly known as the Village View Elementary School, located at 5361 Sisson Drive, Huntington Beach, California 92649, Assessor's Parcel Numbers 146-072-12 (the "Property"). RECITALS A. Grantee is a California municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. Grantee desires to secure the right to temporarily enter and encroach upon a portion of the School District Property for the purpose of constructing the improvements described below (collectively, the "Improvements") and to allow the accommodation of construction equipment, materials and workers necessary for completion of certain items of work (the "Work"), consisting of removing and replacing existing damaged asphalt on a portion of the School District Property described in Section 2 below as the "Improvement Area"; and other items as required to complete the Work. C. All of the Improvements and Work contemplated by this Agreement are to be done at the sole cost to the Grantee, with no cost incurring to Grantor. The Grantee seeks to complete these Improvements and Work to improve the quality and aesthetics of the Improvement Area and surrounding areas. Not all of the Improvements will be constructed in the Improvement Area. D. Grantor and Grantee mutually agree that Grantee may enter upon, pass and re-pass on, over, under and across the Improvement Area, as defined below and as depicted on Exhibit "A" hereto, for the purpose of performing the Work under the terms and conditions set forth in this Agreement. E. Except for granting the temporary right to enter and encroach upon the Improvement Area in accordance with the terms and conditions set forth below, nothing in this Agreement is intended to, nor shall, permanently waive, relinquish, transfer, eliminate, or otherwise hinder or prejudice any of Grantor's rights or interests in any portion of the School District Property, including, but not limited to, the Improvement Area, 16-5198/134712 1 4 NOW, THEREFORE, it is mutually agreed by and between Grantor and Grantee (collectively, the "Parties") as follows: 1. The Recitals set forth . above are true and correct and are hereby incorporated into this Agreement. 2. The Improvement Area of the School District Property 2.1 Grantor is the fee owner of that portion of the School District Property which has been cross-hatched and labeled as the "Improvement Area" on Sheets 1 of Exhibit "A" to this Agreement. The Improvement Area generally consists of a 18-foot-wide, 720-foot-long, rectangular-shaped area of the School District Property running along the north side of the Sisson Drive pavement area. 2.2 The Work shall be performed on the Improvement Area of the School District Property as shown on Exhibit "A" hereto. 3. Right To Enter and Encroach On Improvement Area Subject to the conditions set forth in Section 4 below, Grantor hereby grants to Grantee, for the use and benefit of Grantee and its officers, employees, agents, representatives, contractors, subcontractors, and the employees and suppliers of such contractors and subcontractors (collectively, "Grantee's Related Persons"), a non-exclusive temporary right to enter and encroach on, over, under and across the Improvement Area for the purpose of constructing, installing, repairing and replacing the Work and to allow the accommodation of equipment, materials and workers necessary therefor. 4. Conditions To Exercising Temporary Right of Entry and Encroa -hmpnt Grantee's temporary right to enter and encroach on the Improvement Area shall be subject to Grantee and all of Grantee's Related Persons fully and timely complying with each of the following conditions: A. Grantee and Grantee's Related Persons shall be entitled to enter the Improvement Area from 7:00 a.m. to 5:00 p.m., Monday through Friday, for the purpose performing the Work. However, given the fact that school children may be present on other portions of the School District Property while the Work is being performed, then, unless otherwise agreed to in writing by Grantor, Grantee and Grantee's Related Persons shall not be allowed to enter onto any portion of the School District Property except for the Improvement Area and all activities associated with the Work shall be confined to the Improvement Area. B. Grantee shall advise Grantor of the date of commencement of the Work not less than seventy-two (72) hours prior to actual 16-5198/134712 2 commencement of the Work. C. Prior to commencement of the Work, Grantee shall provide Grantor with the names and telephone numbers of each contractor or subcontractor who will be performing Work on the Improvement Area. D. At the conclusion of each work day, Grantee and Grantee's Related Persons shall ensure the cleanup and removal of debris so as to maintain the Improvement Area in as neat and clean a condition as possible, given the remaining,Work to be performed. E. The temporary right of entry and encroachment granted herein does not include the right to engage in any material storage, long term parking of vehicles, trailers, or other equipment storage on the Improvement Area. F. At Grantee's sole cost and expense, Grantee shall repair any damages caused by its use, or by the use of any of its Related Persons, of any portion of the Improvement Area and shall restore that Area to the condition that it was in prior to the commencement of the Work. 5. Indemnify Grantee shall defend, indemnify, and hold Grantor, and each of Grantor's officers, employees, students, invitees, agents, representatives, contractors, subcontractors, and the employees and suppliers of such contractors and subcontractors (collectively, "Grantor's Related Persons") harmless from and against any and all liabilities, claims, damages, losses, demands, suits, costs, or expenses whatsoever, including reasonable attorney's fees (collectively, "Liabilities"), for any injuries to, or death of, any persons, or for any property damages or losses, that are based upon, arise out of, any of the Work or any activities to be performed under this Agreement, which Liabilities are caused by or result from any acts; errors, or omissions on the part of Grantee or on the part of any of Grantee's Related Persons. 6. Insurance The Grantee is self-insured, up to $1,000,000 and carries no primary insurance policy for this coverage. The Grantee's subcontractors, if there are any, shall provide Grantor with proof of insurance policies held by Grantee's subcontractors, as the case may be. Such policies shall have commercial general liability limits in the amount no less than one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) in the general aggregate. The policies required herein shall be provided by an authorized insurance company by the State of California and having a minimum A.M. Best's Guide Rating of A-, Class VII or better. 16-5198/134712 3 Grantor shall be expressly listed as additional insureds under such insurance policies and the policies shall provide coverage for bodily injury and property damage. For any claims related to the Work, the self-insurance of Grantee and the coverage of Grantee's subcontractors, if there are any, shall be primary insurance as respects Grantor and Grantor's Related Persons. Any insurance or self-insurance maintained by Grantor shall be excess of the self-insurance of Grantee and the coverage of Grantee's subcontractors, if there are any, and shall not contribute to it. Grantee and Grantee's subcontractors, if there are any, shall be responsible to keep these insurance policies in full force and effect until final completion of the Work. The cost of any and all premiums for these insurance policies shall be borne by Grantee and Grantee's subcontractors, if there are any. In the event of claims against any of the policies, Grantee and Grantee's subcontractors, if there are any shall be responsible for payment of any deductible amounts. Prior to the commencement of the Work, Certificates of Insurance and endorsements shall be provided to Grantor evidencing compliance with the requirements herein. 7. Improvements Grantee shall be responsible, at Grantee's own expense, for any and all maintenance, repair and replacement of asphalt, or other improvements installed in or on the Improvement Area as part of the Work. 8. Term and 'Termination This Agreement shall commence when executed and delivered by the Parties and the temporary right of entry and encroachment granted hereunder shall, unless earlier terminated in the event of a breach, terminate upon completion of the Work, but in no event later than October 1, 2016. 9. Notices Notices, requests or demands by either of the Parties shall be in writing and shall either be personally served or be sent by U.S. Mail and addressed to the following persons: To Grantee: Public Works Department City of Huntington Beach 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 Ph: 714-374-1628 To Grantor: Ocean View School District 17200 Pinehurst Lane Huntington Beach, CA, 92647 ' Ph: 714-847-2551 16-5198/134712 4 Attention: Jim Choate Ph. 714-847-2551 ext. 3509 Notices, requests and demands, if not personally served, shall be deemed received upon the expiration of forty-eight (48) hours after postmark or deposit in a U. S. post office or mail. Grantor agrees and is responsible for notifying all tenants of all information regarding this Agreement for entry onto the Improvement Area. 10. Attorney's Fees The Parties shall each bear their own attorney's fees and costs incurred in connection with the negotiation and execution of this Agreement. In the event of any dispute, claim, or litigation based upon, arising out of, or relating to, the negotiation, formation, performance, breach, enforcement, or interpretation of any of the provisions of this Agreement, each bear their own attorney's fees and costs. 11. Seyerability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 12. No Assignment The Parties may not assign any of the respective rights, privileges, duties, or obligations provided for in this Agreement. 13. Controlling Law and Venue The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 14. Integrated Agreement and Mgdifications This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. This Agreement may not be amended or modified except by written amendment signed by both Parties. 16-5198/134712. 5 ItJ j"VITNESS WHIERE-OF, ihe 1--laf-ties have caus;'d this De on the dates widen belovo "kPPROVED AS TO FORM:r CITY OF HUNTING1'Oi',,l BEACH, CITY ATTORNEY'S OFFICE a Cali it-,rri ia l-I :-Y1L1;1iC1,pal uoipoiatio D'. liy r'',ttorney Al TEST: G,R A l'\,l 10 R: Date: 7-If-A.6. City C,11:1, Atiachments Ll,ihibitA - 16-5 198/134712 i z v I zo— ty l .4 ro G G v O O Cs. CD yo o 6,7- 1 -7/VV7 5-)AV0 pr•ia .<v.> - v.a .Qa•ia .<a iv ,ee rm ,w•.n ,s9vo vrr :hi 0LU g O ® O O O C O O On � A`��R > N N O c«G N Y v1 C O W 2 cn Z w w, CO o w >; _ O, o _� � i U (Z N h t U Fn (n vOl O N W n 7 XO WQ x w 0 N o � 2! kL I Oi w H Q s. 0 m a a A n a m `^ �i °� ffi � .iB•cti ,oB ti i 3N'V7 Y3AYHOS i a a i To- zo I Dept. ID Pw 16-022 Page 1 of 2 Meeting Date: 6/6/2016 Approved 6-0-1 (Posey-Absent) CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/6/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Award and authorize execution of a construction contract in the amount of $1,428,765 to RJ Noble Company for the Residential Overlay of Maintenance Zone 12, CC-1530 Statement of Issue: On April 21, 2016, bids were opened for Residential Overlay of Maintenance Zone 12 Project, CC- 1530. City Council action is requested to award the construction contract to RJ Noble Company, the lowest responsive and responsible bidder. Financial Impact: The total amount needed for the project is $1,672,000. Funds of $1,552,000 are available in gas tax fund No. 20785417.82300. The remaining funds are available in Water Fund account 50691006.82100 ($60,000) and Sewer Service Fund account 51185101.82600 ($60,000) for the purposes of utility adjustments. Recommended Action: A) Accept lowest responsive and responsible bid submitted by RJ Noble Company in the amount of$1,428,765; 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 and provide staff with an alternative direction. Analysis: The City of Huntington Beach is responsible for maintaining approximately 200 residential lane miles of streets. The City's Pavement Management Program (PMP) calculates a pavement condition for each street. The street conditions are rated from 0 to 100, with 0 being the worst and 100 for a perfect condition. As part of the PMP, a residential network was created dividing the City into 12 maintenance zones to allow the City to better coordinate maintenance activities. This project will rehabilitate approximately 60 streets with pavement condition ratings below 55 in Maintenance Zone 12. Maintenance Zone 12 is located in the North Area of City and includes 10 Reporting Districts bordered by the Rancho Road to the North, Heil Avenue to the South, Bolsa Chica Street to the West, and Edwards Street to the East. Dept. ID Pw 16-022 Page 2 of 2 Meeting Date: 6/6/2016 The scope of work includes cold milling, installation of pavement fabric where needed, one and a half inch (1-1/2") asphalt concrete overlay, adjustment and replacement of existing water valve covers to grade, adjustment of sewer and storm drain manholes to grade, and traffic striping. The bids were publically opened on April 21, 2016. The verified bid amounts are listed below: Bidding Contractor Submitted Bid Verified Bid 71 NOBLE COMPANY $1,428,765.00 $1,428,765.00 ALL AMERICAN ASPHALT $1,431,440.00 $1,431,440.00 EXCEL PAVING $1,491,945.00 $1,491,945.00 SHAMAN 1 608 688.00 1 610 038.00 HARDY & HARPER $1,687,000.00 $1,687,000.00 Staff recommends award of a contract to RJ Noble Company in the amount of $1,428,765. RJ Noble Company has successfully completed similar street residential overlay projects within the City in 2013 and 2015. The total estimated project cost is $1,672,000, which includes the construction contract, project management, construction contingency, and supplemental expenses. Public Works Commission Action: The Public Works Commission reviewed and approved the project was in substantial conformance with the CIP on February 18, 2015 with a vote of 6-0-1. (Commissioner Troxell absent). Alternative Actiori Reject all bids and provide staff with an alternative direction. Environmental Status: The project is categorically exempt pursuant to Class 1, Section 15301 of California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain infrastructure Attachmentfs): 1. Project Location Map RD RD �� 118 116 �p RD s'9i1. 117 --- 1� RD RD RD N 126 127 128 �CO Q RD �(j BC LSA E. NTS U 136 :2 M FAD D N AV I. 2 U = RD Q z v~i a 1as 0 EDIN ER A E.V) Z J / O RD RD o � m 156 157 HEIL a AVE. fr o vQi LWARNER AVE. m cn cn w N SLATER AVE. 405 a N A p 0 W TA BERT AVE. ED a o 0 N o EL IS AVE. GARFIELD m AVE. N o Lu V) V) V) Q g YORKTOWN AVE. �09s , V) g Lu V)AFAM AVE. fr Q fr Q AVE. _ V) 0 PROJECT LOCATION A LANTA mAVE. o�� w MAINTENANCE ZONE 12 INCLUDE REPORTING DISTRICT'S (RD) 116, 117, 118, 128, 136, Z HAMILTON A 146, 156, AND 157 BANNING LEGEND AVE. PROJECT BOUNDARY ------ RD BOUNDARY MAINTENANCE ZONE 12 CC-1530 PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 1 of 1 CITY OF HUNTINGTONAC PROJECT NAME: Residential Overlay of Zone 12 CC#: 1530 BID OPENING DATE: 4/21/2016 TIME & LOCATION: 2:00 PM in Council Chambers ENGINEER'S ESTIMATE: $1,700,000.00 BIDS SUBMITTED (AS READ AT OPENING) BIDDER'S NAME FINAL APPARENT BID RANK AMOUNT All American Asphalt, Corona ' �j Excel Paving,Long Beacht Hardy&Harper, Santa Ana 6 � RJ Noble, Orange Shawnan, Downey ° C1 Sully-Miller, Brea i I PTS 01252016 Version 15 CC1530 e 1,5-30 .,o o 0 �,�I ) eS I Id I M HN ( A Esparza, Pa!!y From: David Ward [DWard@ocregister.com] Sent: Wednesday, March 23, 2016 3:57 PM To: Esparza, Patty Subject: RE: Legal Ad for HB Wave-CC-1530 Hello again Patty. Here is your proof. Have a good evening Ad#1®14113 Run Dates /31,4/7,4/14 Cost$657.00 PROOF 9[C 1t A NOTME 41111=1ti40 89ALIED Bums fox the ewsbuction cl RE tiTN1[.13Y'iALAY OF MAII16TVIIIIIIIIIIAM ZONIE 0 CC they C1TV or ICI► 1Qlr P IS H9111 V®I rat that the MY or ae AGENCY,hvrm mmkwwl bids liar the above stated projects and.0 receive isuO bWe in the office of the City Clerk Second Firm 2000 Mein $WW, Huntinoton Baao% California 9 649,up to tha wor iWgi t Old cue Apry A'ta 2WIL Skis be t�bliotp�opened In the Ctauncil Cliwtibors urdoea otherwise posted. Copies of the Plans Spoe f Gallons.and curt=o>o0irnarR1s We Wallable from the Office of the Director of Pub Works,2r70t7 Man Street,Huntlroon Beach,CA'92648,troon pew, arrant at a*10.00 rwnrafundable toe if Ind up,or pisyment of a no ireturt le t ,Speet#1 lloons,Woundontract doc irris l ti,aa dow Ica da f frroo AGENCY b- http/M rwr.hunttidirxabaactaca.povlprn bdnrn rtm putrUc_workr, kds� Ar y csxeb f entered Irk ant to Chit noti a*d Incorporate the pr[visions of the State Lstrx Cade. Rxsuant to the provisions of ttm Labor Cade of the 51eto of California,the mirmum prewmAig rate of ppeer diem wages for�r craft, tkxi e+ty CA workman receded to,execule the cc am shall be those datermlinod�,y tfse Olr kwusUlal tte• lallom of the State of California,which are rut fie at the Cifceae of the I9aectc(oaf Publk Works.2000 swim Socat c)n teach.CA 92646. The AGENCY arch doidM 6%retrrntlon from ale progress payments, Too Contractor may j substiluto M escrow,hoteAl surrstlr 4 vAk*to the!mtarrilon In accordance Wth IN provisions of the Public Contract CAdo.3s'don 10XM. Ttiii Contractor stroll be ba wficsiat owrw of pre swety and shall receive any irgerest thereon. The AGENGY hereby affirm ensures that mrnarAy business anterprMs will be altord. ed full oppotturdty to subn AA 02 in responu to this hotice end will real be discaiminmed e ation leadinp to tl� Mob,color.corztr w� arrcostrr,so)(,or reuplcr�in any rtt. No bid shall be ccrretdered uftlass 4 is prepared an It*approved Ptoposal towns to cent• k+manoa with hell k-Ittructions to Bidders as delorm4vd by 1ha AGENCY.The bid MWst by aocmpd� by a codified check ,s#rack,or bkkiar's bond made ptiyy�,ta�a to" AGENCY for an amoL wd no less than 10%of the anount bid. The stmessiul bidder shO be I In A=WW=9 with provlgrW of the W490M and Frollossiom Coda and psasa a State txetr0elor°s L1Caria® A art tlntl tlrna of tdw baf a�,err Tie succoss, hit Car 9dor and his Dogs will be ragged to possess businerss tenses from tare AGENCY.All extension cf arts ricer will be subWct to ver' . ' by the AGENCY, In me of a varletion botw r Chu utter tea and the extonslon,tie atilt 06m will warn ell Ov This proles w4l r ate a I 60 shaels In Mave- nanoe Zane 1 f14teiFltwaaraCe 1 12 Is kscsted Yr the�m Most Area at 4 y and In- cludes 10 ttepordnp tli�Mole bordered W hell Ave oo to the$oUA®416a ChU Street to the West,and Edwards Sbeet to the East. The scope of work Includes cow miiiinq,instaliattwe of pavement fabric wtwe needed,an Inch aW a halt 01191 as halt commte overlay,localizod reaW.asdju of evxislina utOty tSOvora a ttaft Mriping, The comract shall ai#n w the€5antraactor,w working dava to comolete the conlract. efts finer r'B ggtirrrata sit prubte* trexIW"WW for the work k$CIut3t�rr Chit buts of ewers Is dE1,TtYF►,lllti0 The AGENCY roameg the tight to rrtidct"or .to walva+tray ereg1,01ar4y and to take aft blfs urullot nd ent tow a ma)ftum period of 8o days, BY OFIDER oaf the CITY COUNCIL of the CITY OF WNTINGTON EACH.CAt.ft°OMIA,the 81th day of Seplemba 201116 by RasoAlors No.Mtfl47, Attest! Joan L.FCynn CITY CLEFttt OF THE CITY OF HLINTINGTON BEACFI Publ ;The Hunlinoion Beach Wave MarchW,Apr117.14,20t&t0149113 1 Unsuccessful Bids CC- 1530 Residential Overlay Maintenance Zone 12 Vt/H/TL G f� CITY OF HUNTINGTON BEACH PROJECT NAME: Residential Overlay of Zone 12 CC#: 1530 BID OPENING DATE: 4/21/2016 TIME & LOCATION: 2:00 PM in Council Chambers ENGINEER'S ESTIMATE: $1,700,000.00 BIDS SUBMITTED (AS READ AT OPENING) BIDDER'S NAME FINAL APPARENT BID RANK AMOUNT All Arne ncan Asphalt, Corona3: + V % y/•t�/,,. Excel'Pavin ` Lon Beach r. Hardy& Harper Santa Ana' / jgTl L _ RJ Noble, Orange � — Shawnan Downey f pg 'Sully,"..-M iller, Brea" • 9I{�. 47 Mr e•• ...ice e ;. ... a`. t y y a ":3P 1 5w{• � d a PTS 01252016 Version 15—CC 1530 City of Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk I) 1g99 Robin Estanislau, City Clerk October 26, 2016 All American Asphalt P. O. Box 2229 Corona, CA 92879 RE: Residential Overlay Maintenance Zone 12 —CC-1530 Enclosed please find your original bid bond for CC-1530. Sincerely, &4WAJ4'u) Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand N r r - n+ IW_...,u t s - 1�.I{ ) 'r O1� X��r T�'���Rid '•}u�tt{ �3 f +�r �'�f f.F: "1 Ze `ka '�`�. mi eTrtu�� 6�, p t Yr ,a \ `\ '' - fir • ` a#�+ ta!#�'t��j \ T6 e,.Atya a5 t�� �3 ~kk wei at + E aat � S .r ! � +ail ' F5 SECTION C PROPOSAL for the construction 01` RESIDENTIAL OVERLAY OF MAINTENANCE ZONE 12 from PROJECT LIMITS CC No. 1530 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 wort: therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on tle in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the wort: therein to the satisfaction of and under the supervision of the City F_,ngineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the wort: 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 lorth 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 cxpenses, 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 \-vorking 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 V�>I� in the amount of Q�� ` a� 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", "Certitied Check", or "Bidder's Bond for % ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt ofall Addenda here, ifany: Addendu No. Date Receiver/ Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC 1530 BID ITEMS Item Description ; Quantity Unit Unit Cost TotaL.Cost No. (Extension) 1 Mobilization including crack sealing 1 LS $/ $ /,7 t`o 2 Cold Mill per Detail in Specifications including disposal 650,000 SF $ �� $ -7/I± Oo , 3 Furnish and Install Petromat per Specifications 1,200,000 SF /y`1� ow- 4 Install Type III C3-PG-64-10-RAP Asphalt Concrete Overlay 1 'W'(0.12') 16,800 TN $ `JC`�� `�D $ -'/652 8Vo Provide pavement removal with 2"(0.17')Cold Mill and 5 Installation of 2" (0.1 T)Class B PG 70-10-RAP AC base course at various locations 30,000 SF $ O $ 'q5>000 6 Provide Sewer Manhole Ring and Cover to replace any damaged Ring or Cover 5 EA 7 Replace and adjust Water Valve Cover to grade 210 EA $ -309 - $ /v6.(2200 8 Adjust City Sewer Manhole to grade 149 EA $ A'75 J $ 9 Adjust Storm Drain manhole to grade 5 EA $ -2 S J$ Ii 7S 10 Adjust Monitoring Well to grade 3 LS $ 3 G/Q 00 $ O 11 Provide Coating for Sewer Manhole Adjustment 25 EA $ 12 Install Traffic Loops 4 EA $ 13 Construction Project Traffic Control 1 LS $ d.y OOO- $ c'�5,000 F 14 Install Traffic Striping in Kind 1 LS $ 10D $ ''100 15 Prepare Storm Water Pollution Prevention Plan (SWPPP) 1 LS $ A � ® $ '?5 00— 16 Install & Maintain Construction BMPs 1 LS $ 10.500- $ /0, 3a)— TOTAL BID AMOUNT (BASIS OF AWARD) — SCHEDULE A $ 1+ -3t �/�(�• O� TOTAL BID AMOUNT IN WORDS: one, mil b o,,) -f-iOLLA9- Au-j)dr2-ed +A,4fY J Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price w ill govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the narne and business address o('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 aml Address of State Class DIR Dollar % of Rem(s) Suhcotttractor License Number Amount Contract Number d m i l'rf 5en� Clect2.4 c- t to 0 O._ l ! 0/0 i l RrocGoM /act/�,at�xj��s 37:� o `l 1 V os s 1000WO 00000J;637 &ZuS 6 By submission of this proposal, the Bidder certifies: I. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listin". 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 oil'per jury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 1b 1W at I Lrq bale, Oily Stale '' '"� vI►' v'1 being first duly sworn, deposes and says that he or she is i' of PI M �_)i`(1e V-f Lz�I irrl j �,il�__:j jf the party making the foregoing bid that the bid is not made in the interest of, or of e behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham: that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding: that the bidder has not in any manner, directly or indirectly, sought by agrecment, 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. it P ynt v ,�L.)n Name of Bidder Signature of Bi der�G .j Mali'fi°;t� �i y '�,i(:(' ► �1 r I Address of Bidder C-4 CALIFORNIA JURAT GOV CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this 18' day of April 2016, Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) DONNA THORNE •..... '.•, Commission #2067768 Name of S'""" z � Notary Public -California z z ' Riverside County r Proved � n the basis of satisfnntnry evidenn My Comm. Expires Jun 7, 2018 Tre��d �9 me OR G�lOral rv� he the nercnn who appeared) hefero me__l Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document RIGHT THUMBPRINT RIGHT THUMBPRINT 'OF SIGNER OF Title or Type of Document: Non-Collusion Affidavit op of thum here op o'thurnO here Document Date: 4/18/16 No. of Pages: 1 Signer(s)Other Than Named Above: None UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the RESIDENTIAL OVERLAY OF MAINTENANCE ZONE 12, (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. f_ l PmE6(,aYl Contractor By A Title 'j Date: C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the I' 110�v"1111 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 re<L,ulation? ❑ Yes M No Ifthe answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of th 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. 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and 1 will comply with such provisions before commencing the performance of the work of this contract. Pf it 2, M Yi®r Contractor By Title a Date: C-7 BIDDER'S INFORMATION 131 DDLR certifies that the following information is true and correct: Bidder Name Q rl� Business Address City, State Zip Telephone Number State Contractor's License No. and Class Original bate Issued aI ;�I 12 � Lspiration Date The work site was inspected byl ? 1`�Il, of our office on 201 The followim, are persons, firms, and corporations having a principal interest in this proposal: ��tt�E� y�, The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, Iinancially or otherwise. to perform the contract for the proposed work and improvements in accordance with the plans 611 nd specifications set forth. ►i Company Name- Signature offfidder Printed or Type'd Signature Subscribed and sworn to before me h�i' day of Z201_ a NOTARY PU13L[C NOTARY SEAL / C-8 CALIFORNIA JURAT GOV CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this 18th day of April 2016, Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me DONNA.THORNE (2) Name ef r Commission # 2067768 Signer z Notary Public -California z z '' Riverside County r P-Feved to "'e on the balls of satasfaGtGry eviden^ My Comm. Expires Jun 7, 2018 he the peFSOR who appeared before me.) Signature Azry� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document RIGHT THUMBPRINT RIGHT THUMBPRINT OF SIGNER OF SIGNER Title or Type of Document: Bidder's Information Top of thumb here Top oY thumb here Document Date: no date No. of Pages: 1 Signer(s)Other Than Named Above: None Bidder's Project History 1=01- the purposes of this project, the bidder shall provide project history of similar work, Spec[ referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and ;greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."j. Bidders are encouraged to submit supplemental relevant project history in addition to the pro_jccts listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: I. `\i e S e- Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-9 '420 l 5" PAST WORK REFERENCES City of Hawthorne Hawthoone Blvd Reconstruction 4455 W. 162"' Street Contract Amount: $12,579,000.00 Hawthorne. CA 90250 Start: 4/2014 Contact: Heecheol Kwon, (310) 349-2980 Completed: 5/2015 City of' Inglewood Florence Ave One Manchester Blvd, T" Floor Contract Amount: $2,639,000.00 In-lewood. CA 90301 Start: 4/2015 Contact: Hunter N;�uyen. (310) 412-4252 Completed: 10/2015 County ol: Ventura Pavement Resurf'ncing, Phase 11 800 S. Victoria Ave Contract Amount: $2,401,970.00 Ventura. CA 93009 Start: 4/2015 Contact: Jeewoong Kim. (805) 654-3987 Completed: 10/2015 City of Montclair Northeast Montclair Street Rehabilitation 5 1 1 1 Benito Street Contract Amount: $514,150.00 Montclair. CA 91763 Start: 4/2015 Contact: Steve Stanton, (909) 625-9444 Completed: 7/2015 Riverside County Transportation Commission Route 74 Widening 4080 Lemon Street, 3`1 Floor Contract: $1,970,004.00 Riverside. CA 92501 Start: 4/2014 Contact: Bill Seitz, (949) 300-9132 Completed: 7/2015 City of Riverside 2014/15 Arterial Streets 3900 Main Street Contract Amount. $11683,076.00 Riverside, CA 92501 Start: 4/2015 Contact: Steve Howard, (951) 826-5708 Completed: 9/2015 Lon« Beach Unified School District Garfield Elementary School Pavement 2201 E. Market Street Contract Amount $1,976,508.00 Lone Beach. CA 92805 Start: 6/2015 Contact: Nancy Chinchilla, (562) 997-7513 Completed: 1 1/2015 "2014" PAST WORK REFERENCES City of Fullerton Yorba Linda Blvd Reconstruction 303 W. Commonwealth Ave Contract Amount: $1,346,000.00 Fullerton. CA 92832 Start: 7/2014 Contract: Kevin Kwak, (714) 738-6865 Completed: 1 1/2014 Port of I_on,� Beach 2013 Roadway Maintenance and Slurry 4801 Airport Plaza Drive Contract Amount: $992,000.00 L.on� Beach. CA 90815 Start: 6/2014 Contact: 1_.incoln Lo, (562) 283-7000 Completed: 10/2014 City of Beverly Hills 2012-2013 Street Resurfacinb 455 N. Rexford Drive Contract Amount: $2,970,000 Beverly Hills, CA 90210 Start: 7/2013 ('onvict: Marl: Cuen0. (310) 285-2557 Completed: 5/2014 City 01'Jurupa Valley 2012-13 Pavement Rehabilitation 12363 Limonite Ave Contract Amount: $970,000 Riverside. CA 92507 Start: 5/2013 Contact: Michael Myers, (951) 332-6464 Completed: 12/2013 City of Santa Ana Bristol Street Rehabilitation 20 Civic Center Contract Amount: $6.951.475 Santa Ana, CA 92701 Start: 3/2013 Contact: Kurt Weimann, (714) 647-5639 Completed: t2/2014 1 "'M 13" PAST WORK REFERENCES Department oi'Transportation Route 74, Contract No, 12-OL6404 I ',%a University Dr Contract Amount: $1,134,057 Irvine CA 92612 Start: 7/2012 Contract: Dat Pliant, (949) 279-8586 Completed_ 5/2013 City of Santa Clarita 201 1/12 Overlay & Slurry Seal Program 3920 Valencia Blvd Contract Amount: $5,995,000 Santa C'larita CA 91 355 Start: 8/2012 Contact: Bill 'Nhitlatch. (.061) 259-2489 Completed: 5/2013 LACDPW' Seventh Avenue 900 S Fremont Ave. Contract Amount: S-2,077,000 Alhambra, CA 91803 Start 912012 Contact: Hector Hernandez, (626) 4 58-2 191 Completed: 12/2013 Department.of Transportation Route 74. Contract No. 08-0P9504 :'.0 3 (. icago Ave.. B-6 Contract Amount: $3,450.622) Rivcr�lde, CA 92507 Start: 6/2012 Contact: Michael Chen, (951) 830-6017 Completed: 9/2013 City of Laguna Hills Citywide Pavement Rehabilitation 24035 El Toro Rd Contract Amount: 51,778,169 Laguna Hills, CA 92053 Start: 8/20l`? Contact: Kenneth Rosenfield. (949) 707-2650 Completed: 9/2013 County of Riverside Transportation Gilman Springs Road �525 14`t' St Contract Amount: $1.695,108 Riverside, CA 92�01 Start: 7/2013 Contact: Tra1 N iven, (95l) 961-5363 Completed: 9/20t3 City oi'Azusa Pavement ManagementImprovements 213 E Foothill Blvd Contract Amount: 5980,000 Azusa, CA 91702 Start: 5/17/12 Christina Curiel, (_626) 812-5254 Completed: I/18/1 3 2 ;'2012" PAST WORK REFERENCES City of Beverly Hills 2010-201 1 Street Resurfacing Project 345 Foothill Road Contract Amount: $2,800,000.00 Beverly Hills, (:A 90210 Start: 6/1/201 4 Contact: Juan Martinez, (310) 285-252I Completed: 4,130/2012 City of Costa INlesa 2 U10-2p1 I City-wide Street Rehabilitation 77 airDriveContract Amount: S2,778,000.00 Costa Mesa,esesa, C',� 92628 Start: 7/l/201 1 Contact: Thomas Banks, (714) 754-5222 Completed: 2/29/2012 City of Pems Foss Field Parking Expansion 170 Wilkerson Avenue, Ste. D Contract Amount: SI90,000.00 Pans, CA 92570 Start: li 112012 Contact: Chris Sunde, (95 l) 943-56(,14 Completed: 2/29/2012 C icy o[ Gana Point Pacific Coast Highwav & Niguel Shores 33282 Golden Lantern Contract Amount: S676,676.00 Darla Point, CA 92679 Start: 12/1/201 t Contact: (Matt Sinacori, (949) 245-1574 Completed: 5/3012012 (71ty of Long Beach �i'iiIow Street Irnprovemerzts 333 W. Ocean Blvd_, 10" Floor Contract Amount: S661,661.00 Long R- each, CA 90802 Start: 12 li?OI 1 ('0ilieCt: Chuck Ramey, (562) 570-6634 Completed: 6/30/2012 Cityof'Sarta Ana Bristol Street Widening 20 Civic Center Plcva Contract Amount: S8,315,754.00 Santa Ana. CA 927p1 Start: 5/1/2009 Contact: Edward Torres, (71 a) r d7-5013 Completed: 3/16;201 2 City of Fountain Valley Edinger Avenue Improvements 1(200 Siatcr Avenue Contract Amount: .5422,42 00 F 'untain Valley, CA 9"1708 Start: SDI;12012 C(.)rt;ict: .11ex S jlazar, (71.4) 593-4 516 Completed: 5, [ 20 l_ 3 "2011" PAST WORK REFERENCES City of Compton Northwood Avenue Reconstruction 205 South Willowbrook Avenue Contract Amount: $1,180,o00.00 Compton, CA 90220 Start: 10/18/2010 Contact: Loujuana Nlitchell, (3l0) 761-1437 Completed: 5/4/2011 County of San Bernardino Cajon Blvd. 825 E. Third Street Contract Amount: $565,000.00 San Bernardino, CA 92415 Start: 3/11/2011 Contact: Franklin Luna, (909) 387-7920 Completed: 4/8/201 1 County of Riverside De Luz Road Rehabilitation 2950 Washington Street Contract Amount: $740,000.00 Riverside, CA 92504 Start: 4/25/2011 Contact: David Hylkema, (951) 850-6075 Completed: 5/23/201 1 City of'Stanton 2010/2011 Citywide Reconstruction 7800 Katella Avenue Contract Amount: $322,322.00 Stanton, CA 90680-3162 Start: 3/1/2011 Contact: Quang Le,(714) 890-4234 Completed: 4/30/201 1 City of Long Beach ,Annual Contract Street Reconstruction 333 West Ocean Blvd., 10`h Floor Contract Amount: $3,433,415.00 Long Reach, CA 90802 Start: 5/1/2010 Contact: Chuck Ramey, (562) 570-6634 Completed: Still On-Going City of Paramount Neighborhood Street Resurfacing 16400 Colorado Boulevard Contract Amount: $899,909.00 Paramount, CA 90723-5012 Stan: 11/1/2010 Contact: Len Gorecki, (562) 220-21 11 Completed: 3/30/2011 City of Huntington Beach Slater Avenue Improvements 2000 iVfain Street Contract Amount: $1,926,341.00 Huntington Beach, CA 92648 Start: 8/2/2010 Contact: Dave Verone, (714) 375-8471 Completed: 2/30/201 1 Department of Transportation Route 91 Project 464 W. Fourth Street Contract Amount: $5,732,812.00 San Bernardino, CA 92410-1400 Start: 3/1/2010 Contact: [mad Abugharbieh, (951) 277-8579 Completed: 3/30i201 I 4 "2010„ PAST WORK REFERENCES City of Santa Ana Segerstrom Avenue Rehabilitation 20 Civic Center Plaza Contract Amount: $2,094,618.00 Santa Ana, CA 92701 Start: 11/2009 Contact: Edward Torres, (714) 647-5018 Completed: 3/30/2010 Citv of Chino Street Rehabilitation Project FY 08/09 13220 Central Avenue Contract Amount: $2,127,501.00 Chino, CA 91790 Start: 1 1/2009 Contact: Emani Naghmeh, (909) 464-8367 Completed: 5/31/2010 City of Costa Mesa Rehabilitation of Vanguard Way 77 Fair Drive Contract Amount: $517,646.00 Costa Mesa, CA 92628-1200 Start: 12/2009 Contact: Thomas Banks, (714) 754-5222 Completed: 2/30/2010 City of Westminster City-wide Overlay 09-10 St. Improvement Project 8200 Westminster Boulevard Contract Amount: $1,171,416.00 Westminster, CA 92683 Start: 2/1/2010 Contact: Tuan Pham, (714) 898-3311 ext. 209 Completed: 5/30/2010 City of Paramowit Resurfacing in Rosecrans Avenue 16400 Colorado Avenue Contract Amount: $572,209.00 Paramownt, CA 90723-5012 Start: 10/1/2009 Contact: Ed Cox,(562) 908-6205 Completed: 5/30/2010 City of Cerritos Bloomfield Avenue Improvements 18125 Bloomfield Avenue Contract Amount: $1,103,000.00 Cerritos, CA 90703-3130 Start: 3/1/2010 Contact: Rash Syed,(562) 916-1221 Completed: 6/20/2010 City of Anaheim i4lagnolia Avenue Street Improvements 200 South Anaheim Boulevard Contract Amount: $868,000.00 Anaheim, CA 92805 Start: 4I1/20I0 Contact: Sean Ramsey, (714) 765-5059 Completed: 7/20/2010 City of Crarden Grove Harbor Boulevard Street Rehabilitation 11222 Acacia Parkway Contract Amount: $919,000.00 Garden Grove, CA 92842 Start: 3/1/2010 Contact: (714) 74 1-5130 Completed: 6/30/2010 5 PAST WORK REFERENCES City of Costa Mesa Prop I B Street Maintenance 77 Fair Me Contract Amount: $903,993.00 P.O. 13ox 1200 Start: W2009 Costa Mesa. (:.,-% 92628-1200 On-going— not completed yet Contact: Toni Banta, (714) 536043 i Chy of Dana Point ArInUal Roadway Resurfacing Project 332V Golden Lantern Contract AmOU11t: $3,982,992.00 Dana Point, CA 92628 Start: 4/2009 Contact: Archic Rcmpher, (949) 2463500 Cirngoirig-- not completed yet (10 Of BMTHY HHIS M0809 Street Resurfacing 345 Foothill Road Contract Amount: $4,085,000.00 Beverly Hills, CA 90210 Starr: N2009 ('011tJU Juan Nbnkeo (HO) 5%50521 Cmnmew& W2009 C� umy of Smi Bemardino Anow Route S25 FASI Third Sam Cataract Amount: $1.980,00000 . mi Bernardino, CA 92415-0835 S(art: 2/2009 Contact: Sri Srir,►jan, (909:)387-7935 Compkad: 70OV) (in al Redondo Beach Public Improvement Package 115 1--)ianiond street Contract Amotna: $1,678M00.00 Redondo Bcacl CA 90277 Swrt: P2009 Como: Javier Urista, (3 10) 31 WHO Completed: Q2009 City of Mmlake VilAge Joint Cities Pavement Rehab. Project 31200 Oak Crest Drive Contract A1110LIta: $1,242,24 1.11 Westlake \011ge, CA 91361 Start: 6/2009 Contact: Roxanne kkgkv (805) 653-6597 Completed: 9!2009 Department offratisportation Route 27, Contract No. 07-2 Y4904 12975 (liver Blvd, Contract Amount: $915,511.00 Ws AngcW CA 90066 Stan: 6/2009 Cw11.,Ic-.I: Sixto Ramin. (213) 2 16-4406 Completed: 9/'2009 (A q or RAM Route. 210 DeMLII- 150 South Palm A\.,cj)uc Cataract Amount: $1,983,54H.00 Rialto, CA 92376 Start: 6-12009 Contact: Eddie Chan, (909) 820-2651 Completed: 9/2009 6 „2008„ PAST WORK REFERENCES C`iir of Irvine. University Drive Rehabilitation One Civic Center Plaza Contract Amount: $3,445.289.40 P.O. Box 19575 Start: 1/2C108 Irvine. CA 92606-5268 Completed: 6/2008 Contract: Kal I.ambaz, (949) 724-7555 City of Almlicinl Anaticim Blvd. Irnprovemcnts 200 South Anaheim Blvd. Contract Amount: $278,391.00 Analteirn, C',N 92805 Start: 4/2008 Cunt,,rct: Szan Razmy, (714) 765-5061) Completed: 6/2008 Cite or Newport Beach Superior Avenuc Improvements 0(.) Ncwhort Blvd. Contract Amount: $862,86100 Newport Bcach, CA 92658 SL-trt: 102008 Contact And}' 'Fran, (949) C>44-;;1 ti Completed: 6/2008 p ity of\k'es till inster Citywide Street Improvements Westminster Blvd_ Contract Amount: $1.1 18,383,00 \VcstntinSter, CA 9268 3Start: 312008 Contact: Theresa Tran, (714) 898-331 l Ext. 282 Completed: 712008 Citv of I,ak:e Forest Street Resurf-acing &, Slurry Sea] ?5550 Commercentre Drive, Suite 100 Contract Amount: $1,638.523.00 F.Ai� Forest, CA 92630 Start: 2/')009 Contact: Luis Fstcvcz. (949) 461-3485 Completed: 4/2008 City 01'Santa Ana Santa Clara Avenue Improvements 20 Civic Center Plaza Contract AlTlpnnt: $2.219,523.00 S��nt�t Ana_ C'A 927{)1 Start: 1112007 Contact: F:d Torres, (714) 647-5018 Completed: 3/2008 7 ,007" PAST WORK REFERENCES City of,Westminster Citywide Street Improvements 82001 estrninsterBoulevard Contract Amount: $1,085,00O.(hl WestmmMer, CA 92683 Start_ 1 1'2006 Contact. Theresa Tran, (71,1) 898-3311 Ext. 282 Completed: 612007 City of Irvine Jeronimo Road P.O. Box 19575 Contract Amount: $649,000,00 OnC Civic Center Plaza Start: 3/2007 [wine. CA 92606-5208 Completed: 5/2007 Contact: i_ivenly Bui. (949) 724-7559 City of Anahcirrt Weir Canvon 200 S. Anaheim Boulevard Contract Amount: $795,000,00 Anaheim, CA 928(')5 Start: 3/2007 Contact: Robert Luciano, {714) 765-5286 Completed: 6/2007 Cit,• of Sao Clemente North El Camino Real 910 Calle Ne ocio Suite 10O Contract Amount: $1.400,000,00 S`]n C:lcmente, C'A 92376 Start: 4,!2007 Contact: Gary Voborsky, (949? 361-6132 Completed: 6i2007 City of'Ncwporl Reach Citywide Strcct Improvements 300 Newport Bouicv-cird Contract Amount: $1,392,000.00 Ncwport Beach, C,\ 92658 Start: 1/2007 Contact: Andv Tran. (714) 644-331 1 Completed: 5/2007 City of Seal Beach Seal Beach Boulevard 21 1 El"-hth Street Contract Amount: $930,647.00 Seal Beacli, CA 90740 Start: 12i2006 Karim VIrshochi, (714) 412-27'-) Completed: 4/2007 City of Fustin .Jamboree &- Tustin Ranch.Road -)00 C'emcnnial W;:ry' Contract Amount: $2,700,000.00 Tustin_ C.t\ 92630 Start: 11/2006 Contact: Benny Tenkean. (714) 573-316I Completed: 4l'2007 8 "?006" PAST WORK REFF,.RENCES (:ity of Pomona Pomona Blvd. Street Rehabilitation 505 So. Garey Avenue Contract Amount: $t,736,308.00 Pomona, CA 91767 Completed: 3130?2006 Contact: Flom Wang, (909) 620-3783 Start,- 111i2006 City of Hawaiian Gardens Carson Street Resurfacing ?1815 Pioneer Blvd, Contract Amount: $695,000.00 Hmv"Iiian Gardens. CA 91706 Completed: 2/30/2006 Contact: Steve Steinbrecher. (562) 420-2641 Start: 10!1i2005 ol'Newport Beach Jamboree Road Improvements 300 Newport Blvd. Contract Amount: $1.061,061.00 Newport Beach, CA 92658 Completed: 8/30/2006 Contact: Mark Prti,llsi, (949) 644-3331 Start: 6/7006 (.`it'v of Dana Poirit Coast Highway �282 Golden Lantcrn Contract Amount: $1,977,977.00 F)ana Point. CA 926?9 Completed: 6/30/2006 Contact: Matt Sinacori, (949j 248-3574 Start: 312006 City of Santa Ana Main Street Improvements N Civic ('enter Plaza Contract Amount: S I,�33,3>3.00 S,'mta Ana, CA 9?70t Completed: 6/23/2006 Contact: Michel Girls, (714) 647-5052 Start: 10/2005 City of Seal Beach Ocean Avenue Imprgvettlents I 1 1.ighth Street Contract Amount: $2,032,032.00 Seal Beach, CA Completed: 11/2006 Contract: Sean Crumb,, (562) 431-2527 Start: 81'2006 t.'ity of Tustin Tustin Ranch Road 30C1 Centennial \Vay Contract Amount: $993,993.00 "I'ustiit, CA 92630 Completed: 8/2006 Contact: Bcnny Ttfnkcan, (714) 573-3101 Start: 5/1/2006 9 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. Name of proposed Project Manager Telephone No. of proposed Project Manager: .a ✓ � LI Lk -a' [LIM Project Name & Contract Amount hype of Work Date Completed S vivlklm)2 duly, Project Name & Contract Amount Type of\Vorl< Date Completed Project Name & Contract Amoa� Type of Work Date Completed T Name of proposed Superintendent Telephone No. of proposed Su erintendent: ��1� � Project Name & Contract Amount Type of Work Date Completed .,�I� �,el t� t)�) 4 1 6P )u 0 L 1,�,e,�—-f i a i mk q 1"T" N I�� , uIll '?,cm Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Cor pleted C-10 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.](a)), passed by the California State Senate Oil June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable re(-Yistration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublieWorlcs/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link-Call (844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActioiiServiet?action=displayPWCRet istrationForm DIR's Contractor Registration searchable database: https://efiiIin(,.clir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless Currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, Lis well as for ALL subcontractors at the time of submitting the bid. /-)(1I t Contractor By ylyd, .T. C'g r 1 ►i. .�a c f r�s��1 ; Title Date: L I0 Ili? DIR 9: VL,) 1� C-1► o Fidelity and Deposit Company of Maryland Home Office: P.O.Box 1227.Baltimore. MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT BOND NO.085 97 423 as Principal,(hereinafter called the"Principal"), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety,(hereinafter called the"Surety"),are held and firmly bound unto City of Huntington Beach as Obligee,(hereinafter called the"Obligee"),in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN-------- DolIars($ 10%OF TOTAL BID PRICE ), for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for Residential Overlay of Maintenance Zone from Project Limits CC No. 1530 Bid Date:April 21,2016 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount 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 15th day of April 2016 A.D., V�'L bl_� �/ ALL AMERICAN ASPHALT (SEAL) e'' 4/ do r?9-4y PLI&Ic- fncipal ,-DOn1WA 'f}�pKNC Witness Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety BY�� 10 P► Qb art (SEAL) Rebecca Haas-Bates Attorney-in-Fact Printed in cooperation with the American Institute of Architects(AIA)by Fidelity and Deposit Company of Maryland. Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-310,February 1970 Edition. BID70000ZZ0701f CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness_accuracv.or validitv of that document. State of California County of Riverside On 4/18/2016 before me, Donna Thorne, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a-re subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/he4the4 authorized capacity(ies), and that by his/her4heir DONNA THORNE signature(s) on the instrument the person(s), or the entity upon behalf Commission #2067768 of which the person(s)acted, executed the instrument. z -•e Notary Public - California z o Riverside County ' I certify under PENALTY OF PERJURY under the laws of the State of My Comm. Expires Jun 7, 2018 California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Date: 04/15/2016 Number of Pages One (1) Signer(s) Other Than Named Above: Fidelity and Deposit Company of MarVland Signer's Name: Edward J. Carlson Signer's Name: ❑ Individual ❑ Individual X Corporate Officer—Title(s): Vice-President ❑ Corporate Officer—Title(s): ❑ Partner❑ ❑ Limited ❑ General ❑Attorney in FactRIGHTTHUMBPRINT ❑ Partner❑ ❑ Limited ❑ General ❑Attorney in Fact OF SIGNER ❑Trustee RIGHTTHUMBPRINT Top of thumb here Top of thumb here ❑ Other: ❑Trustee ❑ Other: Signer is Representing: All American Asphalt Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. State of Califomia ) County of Orange ) On 04/15/2016 before me, R.Paramo,Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas-Bates NameN,of Signer(* who proved to me on the basis of satisfactory evidence to be the persons} whose name(). is/are subscribed to the within instrument and acknowledged to me that he/she/trey executed the same in hialher/their authorized capacity(i*, and that by hts(her/iheir signature�b*on the instrument the person(* or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tru correc . R:PARAMO I ESS my ha d and off iahseal. Commission#�,2035890 C z -i Notary Public •California i z Orange County,- ' tS' natu My Comm.E ires Augi 5 2017 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 04/15/2016 Number of Pages: One 1 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑ Limited ❑General ❑ Partner — ❑Limited ❑General ❑Individual Q'Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other. Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the l Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMON WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this/s''1 day of— `2j 20�. o c a' ,iris � eQ`Goueroryr:ryc�: �O o '3 ♦e'.n: �r 3 i '!0::_; : SEAL Itf1 V =6�`• �� Dr ...r*. f Michael Bond,Vice President City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov i e. „ ieoe P Office of the City Clerk Robin Estanislau, City Clerk October 26, 2016 Excel Paving Co. 2230 Lemon Ave. Long Beach, CA 90806 RE: Residential Overlay Maintenance Zone 12 — CC-1530 Enclosed please find your original bid bond for CC-1530. Sincerely, Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand LLJ =KF, C\j RIII c ���w VF, �AIM LA� LLI, L) ta -v 3 SECTION C PROPOSAL for the construction of RESIDENTIAL OVERLAY OF MAINTENANCE ZONE 12 from PROJECT LIMITS CC No. 1530 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 40 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 AA SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC 1530 BID ITEMS Item' Description Qu`anttty Unit iJnit Cost Total,Cost No. A (Extension). 1 Mobilization including crack sealing 1 LS $�Dc D,/ $ 60 000. 2 Cold Mill per Detail in Specifications including disposal 650,000 SF 9 / 090, 3 Furnish and Install Petromat per Specifications 1,200,000 SF $ ./3 $ /5(9000. 4 Install Type III C3-PG-64-10-RAP Asphalt Concrete Overlay 1 '/2" (0.12') 16,800 TN o-7 ;�-oo. Provide pavement removal with 2" (0.17')Cold Mill and 5 Installation of 2"(0.17')Class B PG 70-10-RAP AC base course at various locations 30,000 SF $ /•8D $ 5C/000 6 Provide Sewer Manhole Ring and Cover to replace any damaged Ring or Cover 5 EA $ 05, $ 30L j, 7 Replace and adjust Water Valve Cover to grade 210 EA $ 3&0," $ 75(p00, 8 Adjust City Sewer Manhole to grade 149 EA $ 30,E $ (QVO-20, 9 Adjust Storm Drain manhole to grade 5 EA $ q70, $ 19 3 Sa, 10 Adjust Monitoring Well to grade 3 LS $ 6a00• $ /S00, 11 Provide Coating for Sewer Manhole Adjustment 25 EA $ 3(.0. $ 9000 , 12 Install Traffic Loops 4 EA 07,k�00,� $ oZ`/00, 13 Construction Project Traffic Control 1 LS $ 3 SCOO,- $ 3 SOOo, 14 Install Traffic Striping in Kind 1 LS $ 90pD, $ g000, 15 Prepare Storm Water Pollution Prevention Plan (SWPPP) 1 LS 1500, 16 Install &Maintain Construction BMPs 1 LS $�OOQo,� $ A0000, TOTAL BID AMOUNT (BASIS OF AWARD) — SCHEDULE A $ l� 41��,�`�S.00 TOTAL BID AMOUNT IN WORDS: 044 `!,tvvr�ytcd� 1,8-c,�Q.d D Note: All extens�ns of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.1 A0 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 B1_0OWS I Mu in the amount 'TFEM SPCENT OE AMOL* said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: N Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR Dollar % of Item(s) Subcontractor License Number Amount Contract Number ahA Ca 6nA � � g 3 z .75- a G� C � 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 onO 2 t �;�at LONro BEACH , --G�lPOWA Date City State P. aRC`N i' , being , deposes and says that he or she is f' :C3-1 DE'IT of ME Pmkir,rn ftw 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. MiAWC-WA Name of Bidder Signature of Bidder 4 $ s ?,01t f, PSRES',UENT' 2230 lr (Yd AVENUE Address of Bidder C-4 CALJFOMIW ALL-PtMUND E ACIOIOWLEDGMENT CIVIL CODE 61189 A notary public or other officer completing this certificate verifies only the identity of the htdmdual who signed the document to which this certificate Is attached,and not the trutM Mess,aoamacy,or validity of#0 document, State Of California ) County of Los Angeles ) On APR J ) 2016 before me, C. Phillips, Notary Public- Hem Insert Nance and Title of the Officer personally appeared C. P. Brown Narne(s)of Signers) who proved to me on the basis of satisfactory evidence-to be the person(* whose name(s) isis subscribed to the within instrument and acknowledged to me that he/sty executed the same in hisftFdbvk authorized capacity(les),and that by him 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. C.PHiLLIPS WITNESS my hand and official seal. ' COMM.#1996177 ro ' s_z Noiary Public-California a LOS ANGELES COUNTY u. Signature.My Comm,Expires Oct.29,2016 rV& Signata of Notary Public Place Notary Seal Above OPMNAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer -Title(s): ❑Corporate Officer litie(s): ❑Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator *Other: ❑ Other: Signer Is Representing:-- Signer Is Representing: ©2014 National Notary Association•www.NationaiNotary.org• 1-800-US NOTARY(1-800-876-W7) 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 RESIDENTIAL OVERLAY OF MAINTENANCE ZONE 12, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: � "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Pam: wMA EL pAVING MORIN Contractor By Title 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 a 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. MEL PAVING C NA! Contractor Y Title Date: C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: W WC. PA Bidder Name e" ZEMOtI a NUE WMU BEACH,CA WM Business Address City, State Zip ) (562)55,,E-5 !I Telephone Number STATE L1C, 6o8659-A. State Contractor's License No. and Class 6I-)),IA4 Original Date Issued 7,015 Expiration Date ''n(� The work site was inspected by W10 f)A4W of our office on �1 1 , 201_. The following are persons, firms, and corporations having a principal interest in this proposal: mirtis P.Brown President and Chief Executive Officer Curtis P,Brown III Vice President and Chief Operating icer Bruce E.Platt Vice President and Chief Financial Officer Marcia S.Miller Secretary Michele E.Drakulich Assistant Secretary The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. . WC-NA Company Name ME PATIN .� Signature of Bidder CPz Printed or Typed Signature Subscribed and sworn to before me this day of ADD 1) 1 ?M , 201_ . C.PHILLIPS NOTARY PUBLIC = Notary Public-Californ 2. 'My O C-8 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."I. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: l. Cho (Uk-&JA U J$ E 1�-M A-0w Name and Address of Public Agency Name and Telephone No. of Project Manager: _Q, tA.I JA IZ4 C� C Pj►0� 0131 625�- q.owP,g1q.— Ca.uk," A.'r. 12e.w5T Contract Amount Type of Work Date Completed Provide ad Ion 1 project d scrip ion to show similar work: n 2. C.�0 f 1�1 V'lv,a C4 N L C V- Name and Address of Public Agency Name and Telephone No. of Project Manager: '_�yam$ C-�n 6S"ck 1 to QI SN .I')o�.0 S�._ Aje.J Oze t* 124,} Contract Amount Type of Work Date Completed Provide additional project descri tion to show similar work: ►• AA 4-th 3. n t�A 2q;)M w,VPrA nt Name and Address of Public Agency Name and Telephone No. of Project Manager:AWL LAt/ �I o 2, o Contract Amount Type of Work Date Completed Provide addition 1 project escription to show similar work: Q4h C-9 Bidder's Critical Staff Listed below are the naives of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. nH0 �))/VX,IA,,-- Name of proposed Project Manager Telephone No. of proposed Project Manager: (562) w 3�-51041 Project Name & Contract Amount Type of Work Date Completed /111 Project Name & Contract Amount Type of Work Date Completed k., lkiq 381 511*4 Project NAme & Contract Amount Type of Work Date Completed -- 2. K�L_ 6CJM= Name of proposed Superintendent Telephone No. of proposed Superintendent:(562) i1� D /rlv�OJ 11 q �6 S'T &JA S r Project Name & Contract Amount Type of Work Date Completed Pro' t Name & Contract Amount Type of Work Date Completed OA a fir' i 1 0eR N SV V" �)] W,�- Project Name & Contract Amount Type of Work Date Completed C-10 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB 854FactSheet_6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationFonn DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthennore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. R PAVING UMMY Contractor By (��P: _Y?tN, PsRES10;t1 7 Date. APR ? 1 2016 Title DIR#: \MOWS �) C-11 i Bond No. Bid Bond BID BOND The American Institute of Architects, AU Document No.A310(February, 1970 Edition) KNOW ALL MIEN BY TBESE PRESENTS,that we PALP Inc.dba Excel Paving Company as Principal hereinafter called the Principal,and Federal Insurance Company a corporation duly organized under the laws ofthe state of Indiana as Surety, hereinafter called the Surety, are held and finely bound unto City of Huntington Beach as Obligee,hereinafter called the Obligee,in the sum of Ten percent of the total amount of the bid Dollars (S 10% ), for the payment of which sum well and truly to be made,the said Primipal 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 Residential Overlay Zone 12 NOW,T.FIERFMM 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 suf WWA t surely for the faithful performance of such Contract and for the prompt payment of labor and material fum dW 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 di£>aence not to exceed the penalty hereof between the amount specified in said bid and such larger amount for winch the Obligee may in good faith contract with another party to perform the Work cavered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 5th day of April 2016 PALP Inc.dba Excel Paving Company Witness Principal (Seal By: C,P. BRMA?EEC, PREI-SI0-E NT Name/rifle Federal Insurance Company uretY ( ) By . Witness Dougla'A. Rapp AttOMey-in-Fact ORSC 21328(5/97) t f ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 04/05/2016 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(t) whose name( ) is/afe subscribed to the within instrument and acknowledged to me that he/e4eA14" executed the same in his/4&44&if authorized capacity{+ ), and that by his,'Her74hei;signature( on the instrument the person(, or the entity upon behalf of which the person(---?) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. N t ,A DEBRA SWAN WITNESS y r m COMM.# 1997119 � w w� g NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY � 1AY COMW EXR NOV 10,2016 Signature ���� •� ���, �� (Seal) Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road + Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 CHUBS Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California--------------------------------------------------------- each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December,2011. Kenneth C.Wendel,Assistant Secretary .Norris,Jr.,Vice President STATE OF NEW JERSEY County of Somerset ss. On this 16th day Of December, 2011 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attomey as Assistant Secretary of said Companies by like authority;and that he is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B. Norris,Jr.,subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris,Jr.,and was thereto subscribed by authority of said By- Laws and in deponent's presence. .Notarial Seal J AD,c KATHERINE J.ADELAAR �AAR�Y`� NOTARY PUBLIC OF NEW JFi Nc-,23166B5 6Z_1'- PB�YG Commission Expires July 16,2014 6�4 Notary Public �'✓F1►d JEQ'� CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President,any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the"Companies")do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Warren,NJ this 5th day of April,2016. yxy1RWGF },aot�am r .V`'`ti�CF WY a4l�L'!re'[i!2 Kenneth C.We el,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656 e-mail: suretyachubb.com Form 15-10-1 U (Ed. 5-03) CONSENT CALIFORNIA ALL44UUN SE ACKNOWLEDGMEINT CML CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is Mched,and not the truMIness,accuracy,or validity of that document. State of California ) County of Los Angeles ) On p•i='r ' ' •' before me, C. Phillips, Notary Public , Date Here Insert Name and Title of the officer personally appeared C. P. Brown Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence-to be the person(s) whose name(o kw/ subscribed to the within instrument and acknowledged to me that he/sbeduay executed the same in his4mrA i authorized capacMies),and that by his r signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 9my c.PHILLIPS WITNESS my hand and official seal. COMM.#1996177Notary Public-California LOS ANGELES COUNTY a Comm.Expires Oct.29,2016 Signature. Signat of Notary Public Place Notary Seal Above OPTIONAL Though this section is opt(onal, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: 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 Tdle(s): ❑Partner — ❑Limited ❑General ❑Partner — ❑ limited ❑General ❑Individual ❑Attomey in Fact ❑Individual ❑Attomey in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator F-1 Other. ❑ Other: Signer Is Representing- Signer Is Representing: 02014 National Notary Association•www.NationWNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov fFB ,,_Po Office of the City Clerk !7.1909 Robin Estanislau, City Clerk October 26, 2016 Hardy & Harper 1312 E. Warner Ave. Santa Ana, CA 92705 RE: Residential Overlay Maintenance Zone 12 —CC-1530 Enclosed please find your original bid bond for CC-1530. Sincerely, q4hta4� Robin Estanislau, CMC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand b#BBq �xk x ct � l�jj cC ban W Q ocli r c� MCJ -.4 -� c co (tQd O O O O O i bin � U I � C Sm C G C 75 �. cV ir__ — N cn b a.� z Icy C., U _ � CV SECTION C PROPOSAL for the construction of RESIDENTIAL OVERLAY OF MAINTENANCE ZONE 12 from PROJECT LIMITS CC No. 1530 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 I-luntington 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 40 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 p1.11•pose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. 'TFIE AGENCY RESERVES THE RIGI-IT TO DEI..ETE ANY 1"11EM I,ROM TI-IF CONTRACT. It is agreed that the unit and/or lump s1.1111 prices bid inelude 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 rC1ect 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 SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC 1.530 BID ITEMS Iterri T Description A ;.Quantity Unit Unit Cost Total Cost No. (Extension) 1 Mobilization including crack sealing 1 LS O00 2 Cold Mill per Detail in Specifications including disposal 650,000 SF 3 Furnish and Install Petromat per Specifications 1,200,000 SF 4 Install Type III C3-PG-64-10-RAP Asphalt Concrete (� Overlay 1 '/2" (0.12') 16,800 TN $ $ I !q7 7/ Provide pavement removal with 2" (0.17') Cold Mill and 5 Installation of 2"(0.17') Class B PG 70-10-RAP AC base ',6� "d course at various locations 30,000 SF $ $ J 6 Provide Sewer Manhole Ring and Cover to replace any p6p �oc7ti damaged Ring or Cover 5 EA 7 Replace and adjust Water Valve Cover to grade 210 EA $ $ O y p00 8 Adjust City Sewer Manhole to grade 149 EA $ O6 $ 7 60-o 9 Adjust Storm Drain manhole to grade 5 EA 10 Adjust Monitoring Well to grade 3 LS $ il�70© $ !/�---6a 11 Provide Coating for Sewer Manhole Adjustment 25 EA $ 60O $ l//`� / 00b 12 Install Traffic Loops 4 EA $ (O o0© 13 Construction Project Traffic Control 1 LS $ 39100 $ -3 c5oa 14 Install Traffic Striping in Kind 1 LS $ RC-) $ 15 Prepare Storm Water Pollution Prevention Plan (SWPPP) 1 LS $ 3 oo $ J 16 Install& Maintain Construction BMPs 1 LS $��� $75, 0_____ TOTAL BID AMOUNT (BASIS OF AWARD) —SCHEDULE A $ TO AL BID AMOUNT IN WORDS: Do Ars • /1/o cep4 S Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and tiling the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidder's Bond in the amount of 10%of Amounlwhlch said amount is not less than 10% of the aggregate of the total bid price. as required by the Notice Inviting Sealcd Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for-10% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR Dollar % of Item(.ti) Subcontractor License Number Amount Contract Number 6-,#11 geQ U#IlitfjQS 10000042 1320 E.6'►S . A 0 C0Y0QC1 I CA gM19 Dlversi�(ed t�glfi c-� �ou0oo �� >wo 3 122-4 N. OIMV C , G51-f2(o G-12 gg1t� 9-1 AWIffly CA C12801 C-2-4 4pq l 1dS H,ll S-� 8�38�� P_K0'1 gbo c By submission of this proposal, the Bidder certifies: I. That he is able to and will perl-orm 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. G3 NONCOL,L,USION 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 18th , at Santa Ana CA Dale 01j) Buie Steve Kirschner being first duly sworn, deposes and says that he or she is Vice President of _ Hardy&Harper, Inc the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to Fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further. that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Hardy&Harper,Inc Name f Bidder Signature of Bidder Steve Kirschner-Vice President 1312 E.Warner Ave.,Sanla Ana,CA 92705 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the RESIDENTIAL OVERLAY OF MAINTENANCE. ZONE 12, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualifed Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person ivho, 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. Hardy&Harper,Inc Contractor By Steve Kirschner- Vice President Title Date: 4/18/16 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of pe►jury, 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. 1 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. 1 Hardy&Harper,Inc Contractor By Steve Kirschner-Vice President Title Date: 4/18/16 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: IIardy&Harper,Inc Bidder Name 1312 E.Warner Ave. Business Address Santa Ana CA 92705 City, State Lip ( 714 ) 444-1851 Telephone Number 215952;A,C-8,C 12 State Contractor's License No. and Class 3/13/63 Original Date Issued 12/31/17 Expiration Date The work site was inspected by Corey Kirschner of our office on April 18th 201 6. The following are persons, firms, and corporations having a principal interest in this proposal: Fred T.Maas,Jr- President,Treasurer Dan T.Maas- CEO Steve Kirschner-Vice President Kristen Paulino-Secretary The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. HaAdy&Harper,Inc J�k N�e Signature of Bidder Steve Kirschner- Vice President Printed or Typed Signature Subscribed and sworn to before me this day of , 201_ NOTARY PUBLIC NOTARY SEAL C-8 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE §8202 19 See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) x x x x x x Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. State of California Subscribed and sworn to (or affirmed) before me County of Orange on this 20 day of April , 20 16 , by Date Month Year (1) f (and (2) ), ,, AF Name(s) of Signer(s) JO-ANN LYONS Commission # 2023055 proved to me on the basis of satisfactory evidence a=t' v;� Natary Public - California z to be the person(o who appeared bef e me. z Orange County My Comm. Expires May 3,2017 Signature Signature of Notary Pub is Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bidder's Information Document Date: April 18, 2016 Number of Pages: 1 Signer(s)Other Than Named Above: None 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in hi shLround water regions with trench depths of 8-feet to the invert."I. Bicldet-s are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone nun'ibers for three public agencies for which the bidder has performed similar work within the past five years: 1. Please see attachment"A" Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount hype of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount 'hype of Work Date Completed Provide additional project description to show similar work: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount "Type of Work Date Completed Provide additional project description to show similar work: C-9 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. Mike Amundson Name of proposed Project Manager Telephone No. of proposed Project Manager: 714-444-1851 Schleisman Rd Overlay $333,333.00 Road Overlay work 8/15 Project Name & Contract Amount hype of Work Date Completed Minor Street Maintenance Phase 1 $1,543,000.00 Street Maintenance 4/14 Project Name & Contract Amount "hype of Work Date Completed Phase 3 Street Rehab $1,075,484.00 Street Rehabilitation 6/14 Project Name & Contract Amount Type of Work Date Completed 2. Dennis Beyle Name of proposed Superintendent Telephone No. of proposed Superintendent: 714-444-1851 Street Improvements&Main Street Bridge Rehab $1,18,570.00 Street Improvement 1/15 Project Name & Contract Amount Type of Work Date Completed Foothill Blvd Pavement Rehabilitation $1,076,200.00 Pavement Rehabilitation 11/15 Project Name & Contract Amount "hype of Work Date Completed Street Resurfacing Project $1,187,987.00 Resurfacing Project 12/14 Project Name & Contract Amount Type of Work Date Completed C-10 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate Oil June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 littp://www.dii-.ca.gov/DLSE/PublicWorl<s/SB854F,IctSliect_6.30.14.pdf DIR's Contractor Registration Link --Call (844) 522-6734 littps://efiIing.dii-.ca.gov/I'WCR/ActioiiServlet?action=displayI"WCRegistrationForm DIR's Contractor Registration searchable database: littps://efiliiig.dir.c,i.gov/I'WCR/Search.actioii am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 Of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Hardy&Harper,Inc Contractor t'A By Steve Kirschner-Vice President Title Date: 4/18/16 DIR 9: 1000000076 C-11 PUBLIC WORKS REFERENCES Attachment A 2014/2015 Owner/Agency Contact Project (Amount & Completion Date) County of Los Angeles Public Works Jose Pou, P.E. 124th Street ET. Al. 900 S Fremont Avenue (626) 458-2191 RDC0013372 Alhambra, CA 91803 Jpou dpw.lacounty.gov $4,304, 600.00 12/14 City of Palos Verdes Jack Rydell, P.E. FY 14/15 Street Resurfacing 340 Palos Verdes Dr West (310) 378-0383 Project NIB-14-07 Palos Verdes Estates, CA 90274 iackrydellCa�caaprofessionals.com $1,187,987.00 12/14 City of Tustin Eddy Jan, P.E. 2013-14 Roadway Rehab 300 Centennial Way (714) -573-3157 & Sidewalk Repair Project Tustin, CA 92780 eianCo�andpen.com CIP 70001 $1,491,543.00 12/14 City of Hesperia Dwaine Latimer, P.E. Street Improvements and 9700 Seventh Avenue (760) 947-1434 Main Street Bridge Rehab Hesperia, CA 92345 d1atimerCcDcityoffiesperia.us $1,184,570.00 01/15 City of Covina Natalie Avila Resurfacing of Streets at 125 E. College Street (626) 384-5400 Hollenbeck Ave, Cypress St. Covina, CA 91723-2199 RAvila covinaca.gov $624,297.95 8/15 City of Pasadena Richard Yee Preventitive Maintenance 100 N Garfield Ave (626) 744-4643 Street FEDERAL ID NO. Pasadena, CA 92570 STPL-5064(081) $1 ,518,231.24 8/15 City of Eastvale Ruben Castaneda SCHLEISMAN ROAD 12363 Limonite Ave., Suite 910 (951) 703-4472 Overlay STPL-5486(002) Eastvale, CA 91752 rcastaneda(d-)eastvaleca.gov $333,333.00 8/15 City of Cathedral City Bill Simmons Date Palm Drive Street 68700 Avenida Lalo Guerrero (760) 770-0340 Improvement, 1-10 to Vander Cathedral City, CA 92234 bsimmons aC)cathedralcity.gov Rd Bid # 1315-02E Proj # 8668 $406,064.90 8/15 PUBLIC WORKS REFERENCES Attachment A 2014/2015 City of Laguna Niguel Frank Borges St. Christopher Neighborhoods 30111 Crown Valley Parkway (949) 362-4325 & Via Vetti Pavement Rehab Laguna Niguel, CA 92677 FBorges@cityoflagunaniguel.org Improvement No. 15-02 $1 ,226,861.00 9/15 City of Norco Bill Thomas FY 2015-16 Annual Minor 2870 Clark Ave (951) 735-3900 Street Rehabilitation Phase I Norco, CA 92860 $777,000.00 10/15 City of Norco Bill Thomas FY 2015-16 Annual Minor 2870 Clark Ave (951) 735-3900 Street Rehabilitation Phase 11 Norco, CA 92860 $547,000.00 11/15 City of Walnut Natalie Avila, P.E Area 1 & 2 Street 21201 La Puente Rd. (909) 594-9702, Ext. 315 Resurfacing Project Walnut, CA 91789 navilaCcDrkagroup.com $1,077,000.00 11/15 City of Rancho Cucamonga Romeo David Foothill Blvd Pavement 10500 Civic Center Drive (909)477-2740 Rehabilitation Rancho Cucamonga, CA 91730 Romeo.David acityofrc.us $1,076,200.00 11/15 City of Simi Valley Fuad Shamout, P.E FY 2015-16 Annual Minor 2929 Tapo Canyon Road (805) 583-6788 Street Rehabilitation Simi Valley, CA 93063 FShamout(cDsimivallev.org $1,213,960.50 11/15 City of Redondo Beach Lauren Sablan, P.E Aviation Blvd Resurfacing 415 Diamond Street (310) 318-0661 Project Redondo Beach, CA 90277 Lauren.Sablan aaredondo.org $367,293.00 12/15 m C O o � O a �? x o W o N m o N O N O � N N � Ol O � O Q Z Q Q H _T ZQ I U co W T O C Z Q O K U O LLJ z o a � o 0 y o � o U Z K d W' w 2 E m Z > m m W Q 2 o 0 0 N a G M X �p W O N ti O � � O N N �{ p) N � O W S Z U Q LLI a � Z c Q 0 4' U O E z' 0 0, 0 N � � O N O J Q a . Q z o- o W_CO 7 U � �Z Z C, 0 oa o C 0 0 r N xM W O N LLJ O N � O N m a; � o Q Z O T .= O U U O T 3 W O > U K `a• E Z C o � N @ O � O N � U Z U' Z H O Q W N � E � m � z � m U) m J W Z 3 m o � o � O N O O U7 ti O O w Z 3 m O o � 3 Z m m D C� N ti D o �7 � N N O ti � O J v N O m � X W 0. O � N O O 3 � O N N Bid Bond Bid Bond Number: CSBA-1897 CONTRACTOR: SURETY: (Vame, legal status and address) (Name,legal status and principal place of business) Hardy&Harper,Inc. Fidelity and Deposit Company of Maryland 1312 E.Warner Avenue 777 South Figueroa Street,Suite 3900 Santa Ana,CA 92705 Los Angeles,CA 90017 OWNER: This document has important legal (Name, legal status and address) consequences.Consultation with City of Huntington Beach An attorney is encouraged with respect 2000 Main Street its completion or modification. Huntington Beach,CA 92648 Any singular reference to Contractor,Surety,Owner or other party shall be considered Plural where applicable. BOND AMOUNT: Ten Percent(10%)of Amount Bid PROJECT:Residential Overlay of Maintenance Zone 12 Project Number,if any: The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith . . contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 18th' day of April,2016 Hardy&Harper,Inc. (Principa (Seal) (Fltaess) (Title) Fidelity and Deposit Company of Maryland (Surety) (Seal) (Witness) (Title)Owight Reilly,Attorney-in-Fact By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.org) makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that t the original text of this document conforms exactly to the text in AIA Document A310-2010, Bid Bond. Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. State of California ) County of ORANGE ) On April 20, 2016 before me, JO-ANN LYONS NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(�s) bs/axe subscribed to the within instrument and acknowledged to me that he/st(e/trey executed the same in his/her/their authorized capacity(iGfi), and that by his/hor/their signature(g)on the instrument the person(R), 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. JO-ANN LYONS mot' Commission # 2023055 Z .�-� Notary Public - California z Signature z `'f Orange County ' Signature of Notary Public My Comm. Expires May 3,2017 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: April 18, 2016 Number of Pages: 1 Signer(s) Other Than Named Above: Dwight Reilly Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner Signer's Name: ❑Corporate Officer — Title(s): Virg PrPsidpnt ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Hardy& Harper, Inc. ©2014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California County of Orange On 04/18/2016 before me, Susan Pugh Notary Public personally appeared Dwight Reilly 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. SUSAN PUGH WITNESS my hand and official seal. yk`L '�E�vo COMM.#2105405 r� Notary Public-California 1 �� ORANGE COUNTY j MyCOMM.Expires Apr 291,2019 K Signature of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Bid Bond ❑ CORPORATE OFFICER Title or Type of Document One ❑ PARTNER(S) Number of Pages ❑ NIEMBER of LLC ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) 04/18/2016 ❑ GUARDIAN/CONSERVATOR Date of Document OTHER: SIGNER IS REPRESENTING: Signer(s) other than named above NAME OF PERSON(S) OR ENTITY(IES) Bond No. CSBA-1897 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Andrew WATERBURY, Arturo AYALA, Sbaunna BURCHFIEL and Michael CASTANEDA, all of Orange, California, EACH its true and lawful agent and Attorney-in-Fact, to make, execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 15th day of February,A.D.2016. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND SEAL .. By Secretary Vice President Eric D.Barnes Thomas O.McClellan State of Maryland County of Baltimore On this 15th day of February,A.D.2016,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O. MCCLELLAN,Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly swom, deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 POA-F 012-0079B City of Huntington Beach 2000 Main Street e Huntington Beach, CA 92648 (714) 536-5227 ♦ wvw.huntingtonbeachca.gov - » 1999 Office of the City Clerk F6. P� � Robin Estanislau, City Clerk October 26, 2016 Shaman 12240 Woodruff Ave. Downey, CA 90241 RE: Residential Overlay Maintenance Zone 12 —CC-1530 Enclosed please find your original bid bond for CC-1530. Sincerely, Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand o O 00 —le m (D to cu C 0 0 0 to S try u 00 CN 00 SECTION C PROPOSAL for the construction of RESIDENTIAL OVERLAY OF MAINTENANCE ZONE 12 from PROJECT LIMITS CC No. 1530 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 40 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 SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC 1530 BID ITEMS r u' A I N � ' Un( it �U r Ti� oili ta-7�l�Cwsiatl o�stescripion em t ono 1 Mobilization including crack sealing 1 LS $70,ba1. $ 79,000. 2 Cold Mill per Detail in Specifications including disposal 650,000 SF $ 0.13 $ 3 Furnish and Install Petromat per Specifications 1,200,000 SF $ 0!3 $ Install Type III C3-PG-64-10-RAP Asphalt Concrete 4 Overlay 1 ''/2" (0.12') 16,800 TN $S5. $q3S,068 `- Provide pavement removal with 2"(0.17') Cold Mill and 5 Installation of 2"(0.17') Class B PG 70-10-RAP AC base course at various locations 30,000 SF $ I.1O $ 31,000!'a 6 Provide Sewer Manhole Ring and Cover to replace any damaged Ring or Cover 5 EA $ 475.Q4 $ 2.,375.'?- 7 Replace and adjust Water Valve Cover to grade 210 EA $ (a25.°- $ 131,2.50."° 8 Adjust City Sewer Manhole to grade 149 EA $ b5o.`2° $ `►b,e5o1°' 9 Adjust Storm Drain manhole to grade 5 EA $ bSo.a° $ 3�250 10 Adjust Monitoring Well to grade 3 LS $ 675.°p $ 1.75.- 11 Provide Coating for Sewer Manhole Adjustment 25 EA $ 54 a°° $ 13,5007 12 Install Traffic Loops 4 EA $ 400.°° $ 13 Construction Project Traffic Control 1 LS $ O oo $59J000. _ 14 Install Traffic Striping in Kind 1 LS $ 10, $ 15 Prepare Storm Water Pollution Prevention Plan (SWPPP) 1 LS $ 5,000.0 $ 5,000.w 16 Install &Maintain Construction BMPs 1 LS $ 1 000. $ \5,000. TOTAL BID AMOUNT (BASIS OF AWARD)-SCHEDULE A $ 6C) 6 88. TOTAL BID AMOUNT IN WORDS: �C1Q ��`�ov�,S►X �CnhdcPc� �ha � t�hk T�oUSahc� SiX C-�u4r�fec �Cc��l�^/ �i�l�� Ntvs. 21��o Cent-5 . Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.1 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 thi proposal of bid, find in the amount ,to%of Amount ich said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR Dollar % of Item(s) Subcontractor License Number Amount Contract Number 6-11 1320 6* 5}-iSielo® Cocbn% CA ct327q$ A l00000436 42So coo."' 15.51 Sh<WIIA9 P(T ly Sr1,w- AZ s c A 823e2 C- t 000�es6� 4 Ci,5oo. 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 A • 5101�, at Down., , A Date City State SHAWN A. SMITH , being first duly sworn, deposes and says that he or she is President of SHAMAN 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. Nz Name of Bidder ", V/ signa,,� of ",dd ern A Smith, President 12240 Woodruff Ave Downey, CA 90241 Address of Bidder C-4 F{I i k CALIFORNIA ALL- PURPOSE I 1 1 l CERTIFICATE OF ACKNOWLEDGMENT I i I A notary public or other officer completing this certificate verifies only the identity i of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. i State of California } ! 1 i County of Los Angeles } j i On APR 0 5 2016 before me, Ryan Palmer, Notary Public 1 (Here insert name and title of the officer) personally appeared Shawn A. Smith and nobody else who proved to me on the basis of satisfactory evidence to be the personWwhose I I name is subscribed to the within instrument and acknowledged to me that he she/they-executed the same i is authorized capacity(je�, and that by I his,,>vl-7theifsignature>'on the instrument the personX, or the entity upon behalf of i which the personXacted, executed the instrument. I I i i I certify under PENALTY OF PERJURY under the laws of the State of California that { the foregoing paragraph is true and correct. RYAN PALMER WITNESS my hand and official seal. � .d;L'F';: Commission No. 2044579 0 i U _- _ NOTARY PUBLIC-CALIFORNIA I Z i .„ LOS ANGELES COUNTY My Comm.Expires OCTOBER 7,2017 1. Notary Py lic Signatur (Notary Public Seal) ' o INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION Thisform complies ivith current California statutes regarding notmyivordingand, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknoti,ledgments from other states may be completed for documents being sent to that state so long as the ivording does not require the California notary to violate California notary (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. I i • Date of notarization must be the date that the signer(s)personally appeared which i (Title or description of attached document continued) must also be the same date the acknowledgment is completed. 1 • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. die/she/they,is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. El Partner 1 (s)) • Signature of the notary public must match the signature on file with the office of 1 the county clerk. i i ❑ Attorney-in-Fact Additional information is not required but could help to ensure this Ej Trustee(s) acknowledgment is not misused or attached to a different document. 1 ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). i 2C15 Version t,vww.Nc.ar yC12S5e5.cc>n.800-873-3885 Securely attach this document to the signed document with a staple. 1 I 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 RESIDENTIAL OVERLAY OF MAINTENANCE ZONE 12, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. SmAWR 'AN Contractor By Sh wn A Smith, President President Title Date: APR 0 5 2016 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? 1 ❑ Yes U No If the answer is yes, explain the circumstances in the space provided. NIA 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. SHAWNAN Contractor >/ 13y - SHAWN A. S IThl President Title Date: APR 0 5 2016 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: SAWNAN Bidder Name 12240 'Woodruff Ave. Business Address Downey, CA 9024 City, State Zip r 03-9977 Telephone Number 679962 A&B State Contractor's License No. and Class November 4,1993 Original Date Issued Nov 30, 2017 Expiration Date The work site was inspected by John A. Smith of our office on Aor,l 0y , 201 b. The following are persons, firms, and corporations having a principal interest in this proposal: Sianc Contractors Corporation dba Shaman Shawn A Smith, President James Phillip Pendergist,Vice Prey. John A.Smith,Secret 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 specificatio et forth. HA'W Company Sipafure of Bidder Shawn A Smith, President _ Printed or Typed Signature Subscribed and sworn to before me this 5+�day of Aril 12016 . NOTARY PUBLIC SH,AT ACHE NOTARY SEAL C-8 31 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT � I A notary public or other officer completing this certificate verifies only the identity I of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California } I i I County of Los Angeles } On APR 0 5 2016 before me, Ryan Palmer, Notary Public � (Here insert name and title of the officer) I personally appeared Shawn A. Smith and nobody else who proved to me on the basis of satisfactory evidence to be the personXwhose name is subscribed to the within instrument and acknowledged to me that he executed the same i his authorized capacitylj�_6), and that by his ', � signatureXon the instrument the person�,�rj, or the entity upon.;behalf of which the personXacted, executed the instrument. I i I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1 RYAN PALMER I WITNESS my hand and official seal. <�;L fl Commission No. 2044579 0 0 ;' " NOTARY PUBLIC-CALIFORNIA n LOS ANGELES COUNTY I My Comm.Expires OCTOBER 7,.2017 Notary P ` li Signatur (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION Thisfarm complies with current California statutes regarding nOlaly wording and , DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,should be completed and attached to the document.Acknowledgments j from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary I Imo. (Title or description of attached document) • State and County information must be the State and County where the document j signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or I description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must pant his or her name as it appears within his or her 3 Number of Pages Document Date commission followed by a comma and then your title(notary public). 1 • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they;is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover teat or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. I El Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a jcorporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version vx,4w.NataryClasses.co'3 800-873-9885 Securely attach this document to the signed document with a staple. i Sialic Contractors Corporation dba SHAWNANState License#679962 A/B 12240 Woodruff Avenue, Downey, CA 90241 Phone (562) 803-9977 Fax (562) 803-9955 ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF SIALIC CONTRACTORS CORPORATION DBA SHAWNAN The undersigned being all of the Directors of SIALIC CONTRACTORS CORPORATION DBA SHAWNAN, a California Corporation, do hereby take the following action by Directors in accordance with the Bylaws of the Corporation and the California Corporation Code. WHEREAS, the Board of Directors deems it advisable to authorize the officers of the Corporation, Shawn A. Smith, John A. Smith or James Phillip Pendergist, respectively, to execute bid bonds on behalf of the Corporation with any agency,person, company or. municipality; RESOLVED FURTHER, that Shawn A. Smith, John A. Smith or James Phillip Pendergist are hereby authorized to execute labor, material, and faithful performance bonds in connection with contracts to be entered into with any agency, person, company or municipality; RESOLVED FURTHER, that Shawn A. Smith, John A. Smith or James Phillip Pendergist are authorized and directed to execute and deliver, by any one of their sole signatures, street improvement contracts, escrows and related agreements with any agency, person, company, bank or municipality on such terms and conditions as they deem advisable in their sole discretion; RESOLVED FURTHER, that Shawn A. Smith, John A. Smith or James Phillip Pendergist be, and they hereby are authorized and directed to take any and all such other actions and execute such other documents as may be necessary or appropriate to carry out the purpose of the foregoing authorizations and the business of this corporation. In witness thereof, the undersigned Directors have executed this unanimous written consent to indicate there adoption of the consent to the foregoing resolution and the action set forth therein. Dated: Octeber 15, 2014 Shawn A. mith 4ohA A. Smith James Phillip Pendergist Director,, Jam, i ctor /Director Shawn A. Smith John A: Smith James Phillip Pendergist ` President (Secretary Vice President Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size project work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1 C6 of Torrance- 2o'soo MmArrnu TorrkKwf LA 9oso3 Name and Address of Public Agency Name and Telephone No. of Project Manager: L.16- (,259 42,154L., 231. oa Nov. 14 2oN Contract Amount Type of Work Date Completed Provide additional project description to show similar work: AG arin4 i dare �4no�sT� C-Ncmk- i�'11 wry✓fii'Vl�3 . 2. IYL MOVW0.3I4, I27oo No-ew h, POwtGV Wf� IV dYW0.'I�i cA goy!;o Name and Address of Public Agency Name and Telephone No. of Project Manager: ),1,h Trar gui-9z9-,574ti 071, Li6S.00 lerd I i U1y Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Locn� Sfw{ �chs,6,'/i ,�i.✓r fl( er;nal�r2g✓c- lan�scw�o:n c��•�fc �r.,aru✓+-.� c.,,�s 3 C i f dl 13 u�yh N I S P,Am on d ih-d GA 9 o 7 77 Name and Address of Public Agency Name and Telephone No. of Project Manager: ,J F T uWr<s� 310-316-ot.L.I 8(-L1, 917. ao Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Ac,)d,,,A,,,J : AG a✓,nd iywvc , cvr,�.Y�{c irn�orowrrk.,,�s, ea.,,NN wv✓k . SEE AT ACHED C-9 S-UAWNAN STATEMENT OF EXPERIENCE OD=Original Duration,TE=Time Eatensions,AC=Actual Completion(all are in calendar days) 1 Owner City of Torrance 2 Owner City of Montebello Address 20500 Madrona Avenue Address 1600 "lest Beverly Boulevard Torrance; CA 90503 Montebello; CA 90640 Phone jy 310)618-6259 Phone 4 23)877-1460 Fax Lsablan@torranceCA.(,ov Fax E. 323) 887-1464 Contact: Lauren Sablan Contact: Hormoz Vahid Project: Residential Rehab;Area C Project: Garfield Avenue Improvements Contract Amount. S 2,546,231.00 Contract Amount: S 972,461.00 Final Amount S 2,64T829.00 Final Amount S 940.376.00 Completion Date: 1 1/16/2014 Completion Date: 6/17/2014 PCC Improvements 65% PCC hliprovements 20% Earth Work/Paving 35% Earth Work/Paving 80% OD= 120 TE=0 AC= 120 OD=40 TE=0 AC=40 3 Owner City of Norwalk 4 Owner City of Redondo Beach Address 12700 Norwalk Boulevard Address 415 Diamond Street Norwalk; CA 90650 Redondo Beach, CA 90277 Phone 562) 929-5744 Phone E 310) 318-0661 Fax#: 562)929-5773 Fax 310)374-4828 Contact: John Tran Contact: Jeff Townsend Project: Local Streets Rehabilitation Project: Residential Rehab -Phase 10 Contract Amount: S 1,072,465.00 Contract Amount: S 864.917.00 Final Amount S 949,331.00 Final Amount S 875,621.00 Completion .Date: 4/10/2014 Completion Date: 10/21/2013 PCC Improvements 30% PCC Improvements 0% Earth Work/Pavin- 70% Earth Work/Paving 100% OD=30 TE=0 AC=30 OD=45 TE=0 AC=45 5 Owner: City of El Segundo 6 Owner: City of Industry/CNC Eno. Address: 350 Main Street Address: 255 N. Hacienda Blvd.. Suite 222 El Segundo;CA 90245 City of Industry,CA 91744 Phone 4: 310) 524-2364 Phone : 626)333-0336 Fax : 310) 524-1791 Fax#: 626)369-4306 Contact: Arianne Bola Contact: Gerry Perez Project Aviation Blvd Improvements Project Nelson Ave Reconstruction Contract Amount. S 565;326.00 Contract Amount: S 1.574.170.00 Final Amount S 895,892.00 Final Amount S 1:618,931.00 Completion Date: 2/22/2013 Completion Date: 2/I 1/2013 PCC Improvements 10% PCC Improvements 17% Under--round Under--round 0% Earth Work/Paving 90% Electrical 0% OD=45 TE=0 AC=55 Earth Work/Pavm2 83% OD= 120 TE=25 AC= 139 7 Owner: City of Bellflower': 8 Owner: City of I-OS Alamitos Address: 16600 Civic Center Drive Address: 3191 Katella Ave Bellflower, CA 90706 Los Alamitos, CA 90720 Phone 562) 804-1424 Phone#: 714)43 1-3 53 8 Fax ': 562) 902 1732 Fax 4: 714)431-7891 Contact: Philip Wang T Contact: Dave Hunt Project- Woodruff Ave.Rehabilitation Project: Various Street Improvements Contract Amount: S 285,461.00 Contract Amount: S 531.648.00 Final Amount S 270-359.00 Final Amount S 644.189.00 Completion Date: 1/16/2013 Completion Date: 6/5/2012 PCC Improvements 19% PCC Improvements 359,o Landscape& Irr. Underground Electrical 7% Earth Work/Paving 65% Earth Work/Paving 74% OD=45 TE=0 AC=55 OD =25 TE=0 AC=25 9 Owner: Cih, of Bell 10 ONvner: City of Stanton Address: 6330 Pine Ave Address: 7800 Katella Ave Bell, CA 90201 Stanton. CA 90680 Phone 323) 588-6211 Phone#: 714) 890-4204 Fax 323) 588-3789 Fax : 714) 890-1443 Contact: Young Park Contact: Quang Le Project: Fihnore Street Improvements Project: Bradford Tract Paving Project Contract Amount: S 285,216.00 Contract Arnount: S 696.871.00 Final Amount S 325,343.00 Final Amoruit S 636.921.00 Completion Date: 6/5/2012 Completion Date: 4/26/2012 PCC Improvements 45% PCC Improvements 40% Underground Underground Earth Work/Pavin-, 5 5% OD=30 TE=0 AC=35 Earth Work /Paving 60% OD=45 TE=O AC=55 I Owner: City of Buena Park 12 Owner: City of Orange Address: 6650 Beach Blvd Address: 300 E. Chapman Ave Buena Park; CA 90622 Orange,CA 92866 Phone 714) 562-3670 Phone#: 714) 744-2225 Fax =: 714) 902-4151 Fax : 714) 744-5515 Contact: Wood Nousome Contact: Alan Truong Project: Knott Ave Rehabilitation Project: Tustin&Chapman Ave Contract Amount: S 1;256815.00 Contract Amount: S 1.456.789.00 Final .Amount S 1222,654.00 Final Amount S l.926974.00 Completion Date: 1/17/2012 Completion Date: H/14/2011 PCC Improvements 25% PCC Improvements 37% Underground ?5% Landscape&ITT. 5% Landscape 25% Electrical 25% Earth Work/Paving 25% Earth Work/Paving 33% OD=60 TE=0 AC=60 OD= 90 TE=25 AC= 100 13 Owner: City of Downey �� 14 Owner: City of Riverside Address: I l 1 l 1 Brookshire Ave Address: 3900 Main Street Downey, CA 90241 Riverside, CA 92522 Phone 562) 622-3468 Phone : 951) 901-5440 Fax 562)258-8917 Fax : 951)905-7831 Contact: Desi Gutierrez Contact: Mike Wolf Project: Imperial Highway Phase 2 Project: Columbia/lowa Street Imp. Contract Amount: S 1156 492.00 Contract Amount: S 4258.512.00 Final Amount S 2-2 78.145.00 Final Amount S 3.987.682.00 Completion Date: 4/25/2011 Completion Date: 2/22/201 l PCC Improvements 14% PCC Improvements 19% Landscape&Irr. 29% Landscape&Irr. 21% Electrical 20% Electrical 27% Earth Work/Paving 37% Earth Work/Paving 33% OD= 120 TE=25 AC= 140 OD= 120 TE=25 AC= 100 15 O\aiier: City of Huntington Park 16 Owner: City of Fontana .Address: 6550 Miles Ave Address: 8353 Sierra Ave. Huntington Park, CA 90255 Fontana, CA 92355 Phone u: 626)447-4260 Phone-: 909)350-7600 Fax:Y: 626) 547-8912 Fax#: 909) 350-1154 Contact: Wes Lind Contact Al Giraot Project: City Yard Resurfacing Project Jurupa Ave Improvements Contract Amount: S 512,347.00 Contract Amount: $ 7888255.00 I'mal Amount S 691,582.00 Final Amount S 7.345.689.00 Completion Date: 9i22/2010 Completion Date: 10/22/2009 PCC Improvements S% PCC Improvements 19% Underground 22% Underground 22% Electrical Electrical 25% Earth Work/Paving 73% Earth Work/,Paving 34% OD= 120 TE=25 AC= 140 OD= 120 TE=25 AC= 140 17 Owner: City of La Habra I8 Owner: City of Brea Address: 201 E. La Habra Blvd_ Address: 1 Civic Center Circle La Habra, CA 9063 I Brea., CA 92821 Phone 4: 310) 525-06 78 Phone#: 714) 990-7600 Fax 562) 717-4624 Fax n: 714) 990-2548 Contact: Charles Stephan Contact: Raul Lising Project.: Various Locations Project: Imperial/Smart Street Imp. Contract Amount: S 5.887.651.00 Contract Amount S 2,200,000.00 Final Amount S 5698,349.00 Final Amount S 2;159;888.00 Completion Date: 10/19/2008 Completion Date: 1/31/2009 PCC Improvements 20% PCC Improvements 36% Underground I S�io Underground 7% Landscape 2000 Earth Work/Paving 57% Electrical o/ 15 io OD=90 TE= 14 AC=98 Earth Work/Paving 30% OD = 120 TE=0 AC= 145 19 Owner: City of Beal Gardens ..20 Owner: City of Tustin/.Baylev Slater P- Add.ress: 8327 Garfield Ave. Address 3730 S_ Susan Street-Suite 200 Bell Gardens;CA 90241 Santa Ana, CA 92704 Phone 562) 806-7770 Phone 714)540-8863 Fax 562) 806-7789 Fax Contact: Joe Dyer Contact: Mark Florer Project: Eastern Ave. Improvements Project: MCAS Backbone Infrastructure ContracI Amount: S 2,085,000.00 Contract Amount: S 43.000.000.00 Final Amount S 2,1 12,758.00 Final Amount S 42,951,653.00 Completion Date: 4/30/2008 Completion Date: 11/27/2007 PCC Improvements 13% PCC& Elec. 18% Underground 25% L.S. &Irrigation 25% Electrical 10% Earth Work/ Paving 57% Earth Work/Paving 52°io OD =730 TE=45 AC=755 OD = 90 TE= 10 AC=94 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. Jahn A. Smith Name of proposed Project Manager Telephone No. of proposed Project Manager: (562) -9977 R 5;4,,E4 V ,4a , Arta C 52,546,231.00 SF.ee} Nov. it,2ot4 Project Name & Contract Amount Type of Work Date Completed Loc41 �Jfrtc7s /�thR19ila� 41,o72,bl.S.co S��cc1 /�thgb,'{/��tvr Aer;1 l0 zo" Project Name & Contract Amount Type of Work Date Completed I�cslGfovl��u� fL{7nb;//lp��or� 'Phix. /b 6P L4,c117.0U yl'rccl tiab;/�'Le�im �o�obw 21 2013 Project Name & Contract Amount Type of Work Date Completed 2. domes Phillip Pendergist, Name of proposed Superintendent Telephone No. of proposed Superintendent: ( 9977 Pe5d-,4 l Qtbgb.Agra C 92iSHL, 231.00 'ifr C lah,'/. a�i:r+ /Vo✓, 11,201'/ Project Name & Contract Amount Type of Work Date Completed Zocel Sbccls �chah,, r,�im 41,072tLJ�S .00 Alen,1 /o, 2 m Project Name & Contract Amount Type of Work Date Completed 1241d,n),kl 4h4b;hl6bi-,- huxlo 4SW1,917.Q0 21.2013 Project Name & Contract Amount Type of Work Date Completed C-10 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet-6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActionServiet?action displayPWCRegistrationForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. nHAWIENIA�,L Contractor BY SKAWN A. SMITH Pr6sident Date: APR 0 5 2016 Title DIR#: AoOoo33,77 C-11 Bond No. Bid Bond BID BOND The American Institute of Architects, AIA Document No.A310(February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS,that we Sialic Contractors Corporation dba Shawnan as Principal hereinafter called the Principal,and Federal Insurance Company a corporation duly organized under the laws of the state of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee,hereinafter called the Obligee,in the sum of Ten percent of the total amount of the bid Dollars (S 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 Residential Overlay of Maintenance Zone 12(CC 1530) NOW,T'IiREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 5th day of April , 2016 Sialic Contractors Co,/ratign dba Shaw nan Witness Pnnc (Seal) By: / Name/ritle Shawn A Smith, President Federal Insurance Company Surety (Seal) By: � Q. �"- Witness Douglas I app Attorney-Ln-Fact ORSC 21328(5/97) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 04/05/2016 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(-t) whose name() is/afe subscribed to the within instrument and acknowledged to me that he/4He44@y executed the same in his/ @44@4 authorized capacityfeg), and that by hiss signature(* on the instrument the person(e), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. �P`oF,"F UEBRA SWANSON Y cv *, Cn Ct3Rt>l1. # 19971197 NOTARY PUBLIC-CALIFORNIA X CRANGE COUNTY tV My COMM.FxP,IJG}J 10,1016 Signature (Seal) Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 oNUBe Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California--------------------------------------------------------- each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December, 2011. Kenneth C.Wendel,Assistant Secretary .Norris,Jr.,Vice President STATE OF NEW JERSEY ss. County of Somerset On this 16th day Of December,2011 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attomey as Assistant Secretary of said Companies by like authority;and that he is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B.Norris,Jr.,subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris,Jr.,and was thereto subscribed by authority of said By- Laws and in deponent's presence. .Notarial Seal AD, KATHERINE J.ADELAAR O�PR��g9� NOTARY PUBUC OF NEW JIi G� 2 Ne,23166@5 d it ��G Commission Expires July 14,2014 PV c� Notary Public CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President,any Assistant Vice President,any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seat shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the"Companies")do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Warren,NJ this 5th day of April,2016. `e�uPAN� orlarry 1 P0 �,�IPrpw�rb� `/ - p4 4100101' r3f(4 W YOR1 /f?nn/ !/✓� Kenneth C.We el,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone(908)903-3493 Fax(908)903-3656 e-mail: surety@chubb.com Form 15-10-0225B-U (Ed. 5-03) CONSENT ! � I CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT I , I A notary public or other officer completing this certificate verifies only the identity j of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. i I I State of California } I I County of Los Angeles } On APR 0 9 2016 before me, Ryan Palmer, Notary Public (Here insert name and title of the officer) personally appeared Shawn A. Smith and nobody else who proved to me on the basis of satisfactory evidence to be the personWwhose name is subscribed to the within instrument and acknowledged to me that i he she/they executed the same i his � authorized capacityl jam, and that by i I his `��,r�� signature>'on the instrument the person; or the entity upon behalf of I which the personXacted, executed the instrument. 1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. RYAN PALMER WITNESS my hand and official seal. 024 Commission No. 2044.579 ZNOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY My Comm.Expires OCTOBER 712017 Notary P li Signatur (Notary Public Seal) 1 I INSTRUCTIONS FOR CONIPLETING THIS FORM j ADDITIONAL OPTIONAL INFORMATION Thisformcomplieswith cuneni California statutes regarding notary rvordingand, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long I as the wording does not require the California notary to violate California notary law. ! (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. (Title or description of attached document continued) • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. I CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. I he/she/they,is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a i (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date. ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version wvvw.NotaryClasses.com 800-873-9865 Securely attach this document to the signed document with a staple.