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Home My WebLink AboutMK Construction, Inc. - 2019-05-20 (2)RECEIVED BY: (Name) / (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 4'el2L112ol e) SUBJECT: Bond Acceptance have received the bonds for RX (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. CC No.V MSC No. Other No. g:/forms/bond transmittal to treasurer Approved 571,7011 / (Council Approval Date) Agenda -item No. 19— City Clerk Vault No. tlflit�• S SIRE System ID No.� CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Mtipr L "sl f j 1 c, qgp Mk. c ti8TR-t cnoi,4 FOR OCEAN VIEW ESTATES PARKING LOT EXPANSION PROJECT, CC-1580 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 MtCHseL K6WA tJ (tars. pbj%. µlc, cows7)&wGr(or.J 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 OCEAN VIEW ESTATES PARKING LOT ANSION PROJECT, CC-1580 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: I. 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 I 16-5195/City Funded Construction Contract.docx — revised 04/2016 prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 16-5195/City Funded Construction Contraet.docx — revised 04/2016 D. The edition of Standard Specifications for Public Works Construction, published by Builders' News, I.nc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference),- F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5195/City Funded Construction Contract.docx — revised 04/2016 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed -five Thousand One Hundred Seventy Dollars ($ 65,170.00 ), 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 Fifteen ( 15 ) consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 4 16-5195/City Funded Construction Contract.docx — revised 04/2016 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 16-5195/City Funded Construction Contract.doex — revised 04/2016 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the 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 (I) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 6 16-5195/City Funded Construction Contract.docx — revised 04/2016 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 ($ 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 Gad 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 7 16-5195/City Funded Construction Contract.docx— revised 04/2016 delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY-, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. (1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) ``Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 8 16-5195/City Funded Construction Contract.docx — revised 04,12016 (b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes; (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW (or his or her written designee). All Demands shall be submitted promptly, but in no event later than thirty (30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen (15) days 9 16-5195iCity Funded Construction Contract.docx — revised 04/2016 after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer, in writing, either within fifteen (15) days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title I of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his 10 16-5195/City Funded Construction Contract.docx — revised 04/2016 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 judo vent the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the 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 detennined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such I 16-5195/City Funded Construction Contract.docx — revised 04/2016 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 perfonnance under the tenns of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either- labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, 12 16-5195/City Funded Construction Contract.docx — revised 04/2016 or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WANER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code,. CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5195/City Funded Construction Contract.doex — revised 04/2016 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT -HOUR LAW A. California Labor Code, Sections 1810 etseq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one 14 16-5195/City Funded Construction Contract.docx — revised 04/2016 (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, 15 16-5195/City Funded Construction Contract.doex — revised 04/2016 arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation, CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 16-5195/City Funded Construction Contract.docx — revised 04/2016 25. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above -mentioned insurance contain a self -insured retention without the express written consent of CITY, however an insurance policy "deductible" of Five Thousand Dollars ($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/City Funded Construction Contract.doex — revised 04/2016 26. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder.. CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement- the certificates shall: l . Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force; and 3. Promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONT,RACTOR'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 premiurns on all insurance hereinabove required. CON T RACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 18 16-5195%City Funded Construction Contract.docx — revised 04/2016 28. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29. 29. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by 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 19 16-5195/City Funded Construction Contract.docx — revised 04/2016 sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 31. NONA S S IGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 33. STOP NOTICES,• RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice 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. 20 16-5195/City Funded Construction Contract.docx — revised 04/2016 34. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices; certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN:Jonathan Claudio . Public Works 2000 Main Street Huntington Beach, CA 92648 35. SECTION HEADINGS TO CONTRACTOR: M%CJp'eL' Ke8"lj tj.' INC.. p150. (.AK, co Jr-TFWat-rofl ATTN: Michael Keenan 952 N. Elm St. Orange, CA 92867 The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 16-5195/City Funded Construction Contract.docx — revised 04/2016 36. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 37. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 38. ATTORNEYS FEES In the event suit is brought by either party to construe, interpret and/or enforce the terns and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 39. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court_ of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the 22 16-5195%City Funded Construction Contract.docx — revised 04/2016 context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 40. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 41. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 42. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 43. SURVIVAL Terns and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 16-5195/City Funded Construction Contract.docx— revised 04/2016 45. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that parry has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 16-5195/City Funded Construction Contract.docx — revised 04/2016 All-purpose Acknowledgment California only 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 nran(Ic, On MCIIA ?J')2b1C1before me, Gll'gdldoi by-ee) Wa N \&b)IC (here insert name and title of the officer), personally appeared MidholeEdward Kemo►n who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature For Bank Purposes Only Fitt111111gel /1tIII 1III t1Ile 81126tlltlt. GRACIELA ROVEE A ,. COMM. #2243314 z cn U) z NOTARY PUBLIC - CALIFORNIA Z ORANGE COUNTY —' ® My Commission Expires 06/20/2022 m �ItltA1t1A81AA111/111111AtA1/1t01tA111' Notary Seal Description of Attached Document Type or Title of Document UT1V r—UNDJO CONSTOCT10►V CjNTI—RCT Document Date MON 3) 1 W1cl Number of Pages 95 Signer(s) Other Than Named Above I D v Illllllllllllllllllllllllllllllllllgllllfllllllllllllllllll� IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on (1 rn! 20P. CONTRACTOR: (print name) ITS: Chairman esident / Vice -President (circle one) AND By: (print name) -- ITS: Secretary / (6ief Financial Officer,/ Asst. Secretary / Treasurer (circle one) CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California MayoQ w eWoto� l� 4wd.,&d City Clerk !1 .;7q/ /y INITIATED ND APPROVED: Di of Public orks REVIEWED AND APPROVED: City Manager 25 16-5195/City Funded Construction Contract.docx — revised 04/2016 A� " CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDYYYY) 5/30/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CSIS Insurance Services 3315 Old COnejo Road Thousand Oaks CA 91320 CONT NAME:CT CSIS Insurance Services PHONE (888) 501 —2747 FAX (805)446-4881 AIC No Ext : (A/C, No E-MAIL certificates@csisonline.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Capitol Specialty Insurance Corp10328 INSURED Michael Keenan Inc., DBA: MK Construction 952 N. Elm St. Orange CA 92867 INSURER B: Travelers Casualty Insurance Company of 19046 INSURER C: National Union Fire Insurance Company c 19445 INSURERD:State Compensation Insurance Fund INSURER E : INSURER F: !`/1\/CO Al�CC /�G DTI GI!'ATF NIIMKFFI•Ma CT?T n.4 nr .']/ Sll/1`J KI-VI.�ILJN NLMIMMM- 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MMIDDNYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 FX DAMAGE TO RENTED 100,000 A CLAIMS -MADE OCCUR PREM SES (E. o cu'nsnce $ MED EXP (Any one person) $ 5,000 CT2018030301 8/17/2018 8/17/2019 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 X POLICY F] JECPROT F7 LOC OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X B ANYAUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED BA2L019448 8/17/2018 8/17/2019 AUTOS AUTOS NON -OWNED PROPERTY DAMAGE Per accident $ HIRED AUTOS AUTOS E X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 C EXCESS LIAB CLAIMS -MADE DIED I I RETENTION $ $ EBU013043852 8/17/2018 8/17/2019 WORKERS COMPENSATION X PER OTH- STATUTE ER AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 D OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N/A 9041033-2019 1/1/2019 1/1/2020 E.L. DISEASE- POLICY LIMIT $ 1 000,000, If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City, its agents, officers and employees ARE HEREBY NAMED ADDITIONAL INSURED WITH RESPECT TO THE ABOVE NAMED INSURED'S POLICY ONLY. RE: Ocean Views Estates Parking Project# 1580 APPROVED AS TO FORM GtKI Ir IUAIt MULUtK L+NI`1 l'GLLMI 1V 1 N1JVr+,r14[d .,;/..•..... City of Huntington Beach 2000 Main St. PO Box 190 Huntington Beach, CA 92648 T'Y AT I UKIVCT pprrHH SHOULD ANY OF T� (Q}E MACk I&rbT�I�9S•B0CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Tamara Epping/TE Cc) 19RR_201d ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) ORATION. All rights reserved Policy Number: CT2018030301 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET PRIMARY INSURANCE ENDORSEMENT / NOW CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Subject to the terms of the Insuring Agreement, it is agreed that such insurance as afforded to the person or organization named as Additional Insured under the applicable Additional Insured Endorsement attaching to this Policy, shall be considered primary for Indemnity only to such person or organization even if other valid and collectible insurance is available to such person or organization for a loss or occurrence we cover for such person or organization, but only as respects liability arising out of your work performed for the person or organization under an insured contract when primary coverage is a requirement of the insured contract. We shall not seek contribution from that other valid and collectible insurance for amounts payable under this insurance for liability arising out of your work performed for such person or organization under an insured contract when non-contributory coverage is a requirement of the insured contract. This Endorsement applies only to: Bodily injury or property damage resulting solely from your work performed during the policy period; and 2. Liability arising out of or relating to the Named Insured's sole negligence; and Bodily injury or property damage caused by an occurrence under Coverage A not otherwise excluded in the policy to which this Endorsement applies. All other terms and conditions of this Policy remain unchanged. 00 GLO516 00 07 08 Page 1 of 1 POLICY NUMBER: CT2018030301 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations The City of Huntington Beach, its officers, elected or appointed Any location within the "coverage territory" officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, 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; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III — Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we Limits of Insurance shown in the Declarations. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 Policy Number: CT20180303-01 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 I .. __JJL _JJJ6 im This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Name Of Person Or Organization: Any person or organization when you have agreed in writing in a contract or agreement to waive your right of recovery against such person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — 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 A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDfYYYY) 5/30/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONT CT NAME; CSIS Insurance Services HONK Ext; (688)SO1-2747 AAA, No; (805)946-4891 CSIS Insurance Services E-MAIL certificates@csisonline.com ADDRESS; INSURER(S) AFFORDING COVERAGE NAIC # 3315 Old COnejo Road INSURERA:Capitol Specialty Insurance Corp10328 Thousand Oaks CA 91320 INSURED INSURER B: Travelers Casualty Insurance Company of 19046 INSURER C:National Union Fire Insurance Company c 19445 Michael Keenan Inc., DBA: MK Construction INSURERD:State Compensation Insurance Fund 952 N. Elm St. INSURER E : INSURER F: Orange CA 92867 COVERAGES CERTIFICATE NUMBER:Master as of 5/30/19 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 LTR OF INSURANCE ADDLTYPE INSD SUER POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE FX1 OCCUR DAMAGE TO RENTE PREMISES (Ea o currence) $ 100,000 MED EXP (Any one person) $ 5,000 CT2018030301 8/17/201B 8/17/2019 PERSONAL & ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO LOC JECT PRODUCTS - COMP/OPAGG $ 2,00 0,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ B X ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS RA2L019448 8/17/2018 8/17/2019 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIREDAUTOS AUTOS X UMBRELLA LIAB N OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 L, EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ EBU013043852 11/17/2018 8/17/2019 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N X PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 D OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N / A 9041033-2019 1/1/2019 1/1/2020 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City, its agents, officers and employees ARE HEREBY NAMED ADDITIONAL INSURED WITH RESPECT TO THE ABOVE NAMED INSURED'S POLICY ONLY. RE: Ocean Views Estates Parking Project# 1580 APPROVED AS TO FORM CERTIFICATE HOLDER CANCELLATION qq-- ,Ei S. GATES .-T— ATT ORIV rr� SHOULD ANY OF TOW(M MfitWN00914KOCANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main St. ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 190 AUTHORIZED REPRESENTATIVE Huntington Beach, CA 92648 Tamara Epping/TE ACORD 25 (2014/01) INS025 (201401) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: CT2018030301 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET PRIMARY INSURANCE ENDORSEMENT / NOW CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Subject to the terms of the Insuring Agreement, it is agreed that such insurance as afforded to the person or organization named as Additional Insured under the applicable Additional Insured Endorsement attaching to this Policy, shall be considered primary for Indemnity only to such person or organization even if other valid and collectible insurance is available to such person or organization for a loss or occurrence we cover for such person or organization, but only as respects liability arising out of your work performed for the person or organization under an insured contract when primary coverage is a requirement of the insured contract. We shall not seek contribution from that other valid and collectible insurance for amounts payable under this insurance for liability arising out of your work performed for such person or organization under an insured contract when non-contributory coverage is a requirement of the insured contract. This Endorsement applies only to: Bodily injury or property damage resulting solely from your work performed during the policy period; and 2. Liability arising out of or relating to the Named Insured's sole negligence; and 3. Bodily injury or property damage caused by an occurrence under Coverage A not otherwise excluded in the policy to which this Endorsement applies. All other terms and conditions of this Policy remain unchanged. 00 GLO516 00 07 08 Page 1 of 1 Policy Number: CT20180303-01 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: Any person or organization when you have agreed in writing in a contract or agreement to waive your right of recovery against such person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — 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 POLICY NUMBER: CT2018030301 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations The City of Huntington Beach, its officers, elected or appointed Any location within the "coverage territory" officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, 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; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: CT2018030301 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Orqanization(s) Operations The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by your work" at the location designated and described in the Schedule 'of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance.- 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Bond No. 367416P Executed in 3 Originals PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereafter referred to as "City") has awarded to Michael Keenan, Inc. dba MK Construction, 952 N. Elm Street, Orange, CA 92867 (name and address of Contractor) (hereinafter referred to as "Principal'), a contract ("Contract') for the work described as follows: Ocean View Estates Parking Lot Expansion, CC#1580 (Project Title) WHEREAS, Principal is required under the tenns of the Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers, mechanics, matedalmen, and other persons as provided by law, by a duly admitted surety insurer under the laves of the State of California (hereinafter referred to as "Surety"); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from A-M. Best, Moody's or Standard & Poor's, to validate that Surety has positive ratings of being secure or stable; and Surety is registered and listed with the California Department of Insurance. NOW THEREFORE, we, the undersigned Principal, and Indemnity Company of California PO Box 19725 Irvine CA 9 623-9725 . (name and address of Surety) as Surety, are held and firmly bound unto City in the penal sum of Sixty Five Thousand One Hundred Seventy & 00/100 dollars ($ 65,170.00 ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815. of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Page l of 15-4594/117357 PAYMENT BOND Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, extension of time, alteration, addition, or modification to the 'terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been 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 property execute this bond. Dated: May 28, 2019 ATTEST Michael Keenan, Inc. dba MK Construction (Corporate Seal) Principal Name) J DY Name: ATTEST (Corporate Seal) (Attach Attorney -in -Fact Certificate) n 9U 263-3300 (Area Code & Telephone Number for Surety) APPROVED AS TC3FORM: gy Michael E. Gates,'OityTttorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. Page 2 of 2 l Sa584/11735 7 PAYMENT BOND 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 tnrthfidness, accuracy, or validity of that document. State of California ) County of Orange ) On __nNWbefore me, Natassia Kirk -Smith Notary Public, personally appeared Vanessa Copeland Nanie(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrmient 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 NATASSIA KIRK -SMITH paragraph is true and correct. �'"'fir Notary Public - California z 5:ft Orange County 4�3=` Commission k 2253818 WITNESS my hand and officia a My Comm. Expires Aug 12, 2022 Signature. Signature of ublic Place Notary Seal Above ---- —------ ----------- ------------- ---------------- --- OPTIONAL -------------------------------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and co>_dd present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document-. Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Vanessa Copeland ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General aC❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725. IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Eric Lowey, Mark Richardson, Kevin Cathcart, Vanessa Copeland, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 4th day of October, 2018. By:AND/tO%,,I�rFANYO Daniel Young, Senior Vice -President w 1936 {- _` OOT. By. o � Off' egCIFOR�P: ate`: v1 3?fi7 S C, �i Mark Lansdon, Vice -President -,ado *�,• R 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 October 4, 2018 before me, Lucille Raymond Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark Lansdon Name(s) of Signer(s) LUCILLE RAYMOND Notary Public - CaliforniaOrange 6MyCorn County F �ww Commission N 22581a5 m.. Expires Oct 13, 2021 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature - '' �' - ' 'E"• Lucile y ond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 28th day of May 2019 ND / 0?ANV apeoR4;. 936 $� OCT. s < - s By. Cassie J: rrisford, Assistant Se tary i o 1 ' o S D 1967 ATS-1002 (10/18) ''�.,Q+ * ;.•'� All-purpose Acknowledgment California only 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 c nolrlae. On M Zo1q before me, &HICKIQ 2)1)Vte_i' WhI N Pabl I G (here insert name and title of the officer), personally appeared Mac wl Edwolrol 14-eenon who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature For Bank Purposes Only Description of Attached Document Type or Title of Document 94►�j men &ncl .illl/IIIe11111111111111eI11ee1e111111e. GRACIELA BOVEE COMM. #2243314 Z Cn (n NOTARY PUBLIC - CALIFORNIA Z ORANGE COUNTY -� My Commission Expkes 05/20/2022 '71e11111111111II1e111I111111e11111IIIr Document Date MptlA Zg 1109 Number of Pages f VV0 Signer(s) Other Than Named Above N O M Notary Seal PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE PERFORMANCE BOND 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 Michael Keenan, Inc. dba MK Construction 952 N_ Elm Street, Orange, CA 92867 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: _Ocean View Estates Parking Lot Expansion, CC#1580 (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 Indemnity Company of California, PO Box 19725, Irvine, CA 92623-9725 (name and address of Surety) as Surety, are held and firmly bound unto City in the penal sum of Sixty Five Thousand One Hundred Seventy & 00/100 Dollars ($ 65,170.00 ), this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") fromany and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or inequity, which may be incurred by the Obligees by reason of the failure or default an the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract or contract price, and any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees 15-4534/117174 Bond No. 367416P Premium: $1,629.00 Executed in 3 Originals Bond No. 367416P to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: May 28, 2019 ATTEST Michael Keenan, Inc. dba MK Construction (Corporate Seal)/(Principal Name) Name:— Title: — ATTEST Indemnity Company of California (Corporate Seal) (Surety / e) y: qi Name: Vaness Co eland Attorney -in -Fact (Signature of Attorney -in -Fact for Surety) (Attach Attomey-in-Fact Certificate) (249) 263-3300 (Area Code & Telephone Numberfor Surety) APPROVED AS TO EOFUF-' By. - / ,'Michael E. Gates, City Attorney O s� Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attomey-in-fact must be attached. PERFORMANCE BOND Page 2 of 2 15-45841117174 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 b before me, Natassia Kirk -Smith Notary Public, personally appeared Vanessa Copeland Name(s) of Siper(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s-) is/are subscribed to the within instrument and acknowledged to me that hre/she/tbry- executed the same in his/her/tlteir authorized capacity(ies), and that by lris/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 mider PENALTY OF PERJURY under the laws of the State of California that the foregoing OMY NATASSIA KIRK -SMITH Notary Public - California paragparagraph1S tine and COrreCt. Orange County Commission ;, 2253918 WITNESS my hand and offi al al Comm. Expires Aug 12, 2022 Signa re: i lk Signature y Pub is Place Notary Seal Above OPTIONAL -------------------------- --------------------------------------------------------- ------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Vanessa Copeland ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General X Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Eric Lowey, Mark Richardson, Kevin Cathcart, Vanessa Copeland, jointly or severally — as their true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorneys) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 4th day of October, 2018. By: 0:4,, 0 4ANY Daniel Young, Senior Vice -President yJ¢�r°RPO�rF co` 1936 pCT. 5 0rt : < Wo 4 W tafi7 By: 0 � °gUFOR�° :'D°,r CD6 r a`� x2 Mark Lansdon, Vice -President gyp' *�,• 4tR 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 October 4, 2018 before me, Lucille Raymond, Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark Lansdon Name(s) of Signer(s) aMy LUCILLE RAYMOND Notary Public - California Orange County F Commission i 2258185 Comm. Expires Oct 13, 2022 PM I Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Lucill'I y ond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 28th day of May 2019 wv AND �Noa,� O PAl P C}� .G E'' aPo 6 ', amQgPO$ ` yJ O R9TF0 .?�2 Y€" •a y BY wo 1936 < z $ OCT, s Cassie lir isford, Assistant Se tary o ' i96T cgtfFoa�`P' ATS-1002 (10/18) All-purpose Acknowledgment California only 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 brQn4�� On M01 0)q before me, CJYG1C IA boveej N0+grq P(Ab)1c (here insert name and title of the officer), personally appeared IM I c hc1 1 cjwnrcl yeenon who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature For Bank Purposes Only Description of Attached Document Type or Title of Document �QuriYltn J1r111111111111111111111111t1IIIIItifL GRACIELA BOVEE COMM. #2243314 Z cn Cn ? NOTARY PUBLIC - CALIFORNIA Z ' ORANGE COUNTY -' My Comnrlssion Expires 05/20/2022 7. 911111/1/1111111111111111111111111111r Notary Seal Document Date Mom 2g 11,01 q Number of Pages t W C) Signer(s) Other Than Named Above ND NI Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information Old Company Names INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725 IRVINE, CA 92623-9725 800-782-1546 Effective Date TRANSNATIONAL CASUALTY INS CO 08/12/1976 Agent For Service Melissa DeKoven 2710 Gateway Oaks Drive, Suite 15ON Sacramento CA 95833-3505 Reference Information NAIC #: 25550 California Company ID #: 1926-5 Date Authorized in California: 08/20/1968 d License Status: UNLIMITED -NORMAL Company Type: ' Property & Casualty State of Domicile CALIFORNIA' back to top NAIC Group List NAIC Group #: 2538 AmTrust Financial Sery Grp 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. AUTOMOBILE LIABILITY MARINE SURETY back to top © 2008 California Department of Insurance Indemnity Company of California (NAIC #25550) BUSINESS ADDRESS: P. O. BOX 19725, IRVINE, CA 92623 - 9725. PHONE: (949) 263-3300. UNDERWRITING LIMITATION b/: $574,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, DE, DC, GA, HI, ID, IN, KS, KY, LA, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NC, ND, OK, OR, PA, RI, SC, SD, TX, UT, VT, VA, WA, WV, WY. INCORPORATED IN: California. Indemnity Insurance Company of North America (NAIC #43575) BUSINESS ADDRESS: 436 WALNUT STREET, P.O. Box 1000, Philadelphia, PA 19106. PHONE: (215) 640-1000. UNDERWRITING LIMITATION b/: $15,341,000. UNDERWRITING LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD,MA, MI, MN, MS,MO, MT,NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, VI, WA, WV, WI, WY. INCORPORATED IN: Pennsylvania. Indemnity National Insurance Company (NAIC #18468) BUSINESS ADDRESS: 725 Cool Springs Blvd., Suite 600, Franklin, TN 37067. PHONE: (865) 934-4360. UNDERWRITING LIMITATION b/: $5,005,000. SURETY LICENSES c,f/: AL, AZ, AR, CO, GA, IL, IN, KY, LA, MD, MS, MT, NV, NM, OH, OK, PA, SC, TN, TX, UT, VA, WV. INCORPORATED IN: Mississippi. Indiana Lumbermens Mutual Insurance Company (NAIC #14265) BUSINESS ADDRESS: 2005 Market Street, Suite 1200, Philadelphia, PA 19103. PHONE: (267) 825-9206. -xII11317- 'tJ SECTION C PROPOSAL for the construction of OCEAN VIEW ESTATES PARKING LOT EXPANSION 7051 Ellis Avenue CC No. 1580 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 15 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire Work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will re -advertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. 4 Accompanying this proposal of bid, find V , i tin Q L Din the amount of i D v 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 OCEAN VIEW ESTATES PARKING LOT EXPANSION, CC No. 1580 PROJECT BID SCHEDULE Item, No. Contract.... Quantity Bid Item Description Unit Price Extended Amount 1 1 LS Mobilization $� U "1 $ per LS 2 1 LS Furnish Project Traffic Control $ Lq?/ $ i per LS 3 150 CY Unclassified Excavation $ lG'S _ $ A D per CY 4 200 Construct Redwood Header dU '' LF $ d $ per LF 5 70 TN Construct Type III-C3-PG 64-10 Asphalt Concrete Pavement (Depth varies per Plan) $ 1 ) qq, f3b $ 1 o i q 30 # per TN 6 55 CY Crushed Miscellaneous Base $ t' per CY 7 2 EA Construct Street Light Foundation j� $ per EA 8 220 LF Furnish and Install 1" PVC Street Light Conduit with Pull Rope (� $ �sS $ f l tL✓�t ��l per LF 9 1 EA Install City -furnished pull box ev $7a.— $ 7 per EA 10 1 LS Signing and Striping y $ / aa �3 $ J �v per LS C-2.1 OCEAN VIEW ESTATES PARKING LOT EXPANSION, CC No. 1580 PROJECT BID SCHEDULE 11 1 LS Prepare Storm Water Pollution Prevention Plan $�� ff-- per LS 12 1 LS Water Pollution Control $ ��++ $ I Z-`OV . per LS LTU Total Amount Bid in Figures: $ 5 (70. Total Amount Bid in Words:4 C-2.2 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 Item(s) Name and Address of Subcontractor State License Number Class DIR Number "Dollar Amount % of Contract By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO 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 �c /,t C%��.4 �r� (7q Date City State being first duly sworn, deposes and says that he or she is �/2d�rc i of the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder �(% Z-f 7- 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 OCEAN VIEW ESTATES PARKING LOT EXPANSION, CC No. 1580, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: �13012e:51119 Contractor ��0� Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of or a safety regulation? ❑ Yes o If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 3a Zoe% wg Contractor By tle C-7 BIDDER'S PROJECT HISTORY AND PUBLIC AGENCY REFERENCES The bidder shall provide information to demonstrate his/her past work experience on projects of similar (or greater) size and scope of the OCEAN VIEW ESTATES PARKING LOT EXPANSION, CC No. 1580. Bidders may submit additional sheets, using the format shown, to further demonstrate his/her history of similar work experience. 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. �: A Name and Address of Public Agency Name and Phone # of Agency's Project Manager: Project Name /� Contract Amount Date Completed Detailed description of bidder's scope of work to demonstrate similar work experience: Name and Address of Public Agency Name and Phone # of Agency's Project Manager: Project Name Contract Amount Date Completed Detailed description of bidder's scope of work to demonstrate similar work experience: Name and Address of Public Agency Name and Phone # of Agency's Project Manager: Project Name Contract Amount Date Completed Detailed description of bidder's scope of work to demonstrate similar work experience: C-10 NOTARY CERTIFICATE Subscribed and sworn to before me this � day of a r L , 2019. 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 A C 1 F6RN "4 ) County of Qe� On klL 30' 2019 before me, VC 704 Ceea"V" i1G� ��t✓t Y Avg c r C Month, Day, and Year Insert Name and Title of Notary personally appeared r HA 0 L row /�- o `l �&".'a Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of paragraph is true and correct. ``�r-J\GNUPI �y0 i �IMIS8 •O� PRYpfi@�/ai C O's •:��gM #2235°ti CnI IN� WITNESS my hand and official seal. Signature the foregoing Signature of Notary Public (PLACE KOVVK SEAL ABOVE) C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name �y ?i . *_1,vvi Business Address . 72(�7 City, State Zip Telephone Number Email Address Ao ( &qL4 State Contractor's License No. and Class iainal Bare Issued Expiration The work site was inspected b �Q of our office on A- i 201_� The following are persons, firms, and corporations having a principal interest in this proposal: The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed Work and improvements in accordance with the plans and specifications set forth. Company Name Signature of 111c �tq�-L /l �Axzv Printed or Typed Signature G8 BIDDER'S CRITICAL STAFF The bidder shall provide information to demonstrate that both the Construction Project Manager (office staff) and Construction Superintendent (field staff) proposed for OCEAN VIEW ESTATES PARKING LOT EXPANSION, CC No. 1580 have had similar work experience on at least 3 different projects within the past five years. The proposed critical staff members need not have been employed by the bidder at the time the referenced projects were completed. Name of proposed Construction Project Manager Phone # of proposed Construction Project Manager: u S� 0 Iz- �e ` j7 Project e & C41tract Amount Type f Work l Dat Completed 1010 Project aq & Contract Amount Type Ff Work ( �9q lL Date Completed Proxect� � "�t AmountTyp Work Da e Completed 2. Name of proposed Construction Superintendent Phone # of proposed Construction Superintendent: Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work C-11 Date Completed CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each Contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublieWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link — Call (844) 522-6734 https:Hefiling.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 furthermore will comply by providing proof of registration with DIR as the primary Contractor, as well as for ALL subcontractors at the time of submitting the bid. Date: PWC Registration #: (,3 0 0 A IV, Contractor By /"l e ( '_;� , ,4We''7 ivy-, C o Email ;7irl� itle C-12 MKCONSTRUCTION License # 761694 A 1040 W. Hoover Avenue, Orange, CA 92867 • (714) 639-8425 Office e (714) 639-8416 Fax RECENTLY COMPLETED PROJECTS W 4 s- T ( tj S V, (^-4c, 0- 6.0-ra- 01. County of Los Angeles, 900 South Fremont Avenue, Alhambra, Ca. 91803. Project: Puddingstone and Marshall Canyon Channels Trench Settlement Repairs. Contract Amount: $324,000, completed 01/2018 Contact: Robert Eisenhamer at (626) 458-3155 02. Sanitation Districts of Los Angeles County, 1955 Workman Mill Road, Whittier, Ca. 90601 Project: La Canada Water Reclamation Pavement Repairs-2017 Contract Amount: $200.000, completed 02/18 Contact: Rene' Provoost at (626) 646-9017 03. City of Bradbury, 600 Winston Avenue, Bradbury Ca. 91789. Project: Woodlyn Lane Street Rehab. Contract Amount: $124,000, Completed 08/16 Contact: RKA Consulting Group, 398 Lemon Creek Road, Ste. E, Walnut Ca., Cody Howling at (909) 594-9701 2 Document A310TM - 2010 ........... ....... ........................ Bid 'Bond :CONTRACTOR: SURETY: (Atan7e, legal status and address) (tame, legal status and principal place } b2rsiness Michael Keenan, Inc. dba MK Construction o ) 1040 W. Hoover Ave. Indemnity Company of California Orange, CA 92867 PO Box 19725 This document has important legal Irvine, CA 92623 consequences. Consultation with OWNER an attorney is encouraged with (Aamc legal status aIhd address) respect to its completion or City modification. of Huntington Beach 2000 Main St., Any singular reference to Huntington Beach, CA 92648 Contractor, Surety, Owner or BOND AMDUNT (10%) Ten 'percent of the attached bid amount other party shall be considered plural where applicable. PROJECT: ('ir6777e location or`:eLdd/ ess, and Project number, if any) Oceanview Estates Parking Lot Expansion 7051 Ellis Ave., CC#1580 Project Number, if any: CC No. 1580 The Contractor`and:Suretvare bound to the Owner in the amount set forth above, for the payment of which the Cgiitractor'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 die bid of the Contractor within the time specified in the bid documents, or within such time period as maybe 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 and gives sm. h-bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otheno ise accept tbte to the Owner, for the faidifui performance of such Contract and. for the prompt payTnent of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the diffe2encenot to exceed the amouit:of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in 1g66&fiiith contract with another party to perform the work covered by said bid, then this obligation Sliail be hull and void, otherwise to remain in full force and effect. The Suretv hereby waives any notice of a>i agreement between the: Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by thee 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: I. 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, n any proviso_n.,this Bond conflicting with said statutory or legal requirement slatl be deemed deleted herefrom and ,:.,provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished ;the mtent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 29th day of April, 2019 - — Michael Keenan, Inc. dba MK Construction (Pr c (Seal) OF (GY`tness) (y itle) LlndemM Company of lifornia (Pr h (Seal) (Title) Vanessa Copeland, AtEorney-in-fact AiA Document A3101°" — 2010. Copyright© 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARMING: This A.IA' Init. Document is pro' er_ted by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA°' Documen t, or any portion of it; may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This t document was created on 01/27/2012 07:23:12 under the terms of AIA Documents-on-DemandTM order no. 2008397483 , and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. nei„o 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 (/ 1 1 l before ire, Natassia Kirk -Smith Notary Public, personally appeared Vanessa Copeland Name(s) of Siper(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s-) is/aFe subscribed to the within instrument and acknowledged to me that Ire/she/they executed the same in his/her/tiieir 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 NATASSIA KIRK -SMITH laws of the State of California that the foregoing Notary Public - California paragraph is true and correct. _`'ro-•. Orange County Commission8 WITNESS hand and offic� 1 1. My Comm. Expiress AugAug 12 12, 2022 m �' Signa e: Signature Place iblic Place Notary Seal Above --- —------------- -------- --------- --- ---------- OPT70NAL ------------------------------------------------------ Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Vanessa Copeland ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General 91 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Eric Lowey, Mark Richardson, Kevin Cathcart, Vanessa Copeland, jointly or severally*** as their true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed This Power ofAttomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power ofAttomey, qualifying the attorney(s) named in the Power ofAttomey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 4th day of October, 2018. By: �/I//v" ' ` G�Z •.•�y AND/,V � Pr70JY � Daniel Young, Senior Vice -President _ -S.-' opao�grFoc°�2�, ,t- 4 G4 gPag�� w ` 1936 � r = apt, By: n ' �>•c'9OF09 •D :` d0' "h� ul tp67 �% •4CIF ZL��'2` 0 A Mark Lansdon, Vice -President ,• 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 October 4, 2018 before me, Date Lucille Raymond, Notary Public Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark Lansdon Name(s) of Signer(s) LUCILLE RAYMOND Notary Public - California aMy Orange County F Commission # 2258185 Comm. Expires Oct 13, 2022 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Lucilley ond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 29th day of April 2019 , `� t AND 14 ''- p1k p By: w 1936 = 0CTZo 0.s a Cassie J. rrisford, Assistant Se tary i o; o C5. tig67 OP L . •441FOiN ATS-1002 (10118) '•'�.,,,*,,,, RECEIVED BY: (Name) (Date) TO: FROM: DATE: SUBJECT CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION City Treasurer City Clerk 2019 Bond Acceptance I have received the bonds for MK 6 agt-tich. riL,l (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. 307L11 Payment Bond (Labor and Materials) Bond No. P 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 5 o20119 (Council Approval Date) CC No. Age 4a4tflm No. /q^ S110.S MSC No. City Clerk Vault No. 6 iW- 50 Other No. SIRE System ID No. 53-7035-K g:/forms/bond transmittal to treasurer 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 June 24, 2019 Michael Keenan, Inc., DBA MK Construction Attn: Michael Keenan 952 N. Elm Street Orange, CA 92867 Re: Ocean View Estates Parking Lot Expansion Project — CC-1580 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 protect 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. Sincere (9w� �¢knaJwJ Robin Estanislau, CMC City Clerk RE:ds Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand "7?,) C�,, RPPO Vol) 4 -0 City of Huntington Beach File #: 19-565 MEETING DATE: 5/20/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Lori Ann Farrell Harrison, Interim City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works Subiect: Award and authorize execution of a construction contract in the amount of $65,170.00 to MK Construction, Inc. for the Ocean View Estates (OVE) Parking Lot Expansion Project, CC-1580 Statement of Issue: On April 30, 2019, bids were opened for the Ocean View Estates Parking Lot Expansion Project, CC- 1580. Staff requests that the City Council award the contract to MK Construction, Inc., the lowest responsive and responsible bidder. Financial Impact: Funds for the project are available in the Infrastructure Fund account 31440001.82000. The total estimated project cost is $85,000 which includes the construction contract, contingency, and supplemental expenses. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by MK Construction, Inc., in the amount of $65,170.00; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, and provide staff with alternative direction. Analysis: The City proposes to provide an additional 14 on -site parking spaces for the existing Ocean View Estates ("OVE") mobile home park located at 7051 Ellis Ave. OVE is a City -owned mobile home park comprised of 44 mobile home spaces. The OVE residents have requested the City to provide additional on -site parking along the easternmost drive aisle. This area currently has 10 angled parking stalls and 1 non -conforming handicapped parking stall, which does not allow for overnight parking. The City's proposed project will provide for 14 additional angled parking stalls, and will re - City of Huntington Beach Page 1 of 2 Printed on 5/15/2019 powerec -4, L_eg;star-' File #: 19-565 MEETING DATE: 5/20/2019 stripe the existing handicapped stall to comply with the current code requirements. Additionally, the existing signage will be replaced to permit park residents to park in this area overnight. The project's scope of work includes minor grading work, the construction of asphalt concrete pavement, signing and striping, and ancillary work as required. Due to the existing tree root systems adjacent to the new stalls, six eucalyptus trees will be removed and replaced with twelve 24" box trees. Bids were opened publicly on April 30, 2019. Staff reviewed the bid package received from MK Construction, Inc. and mathematically verified the total amount bid. Staff found the documentation and references for MK Construction, Inc. to be acceptable. Therefore, staff recommends award of the construction contract to MK Construction, Inc. in the amount of $65,170.00. The verified bid amounts are listed below: Final Rank Bidder Verified Bid Amount 1 MK Construction $65,170.00 2 All American Asphalt $69,771.00 3 Excel Paving $78,887.00 4 Onyx Paving Co. $88,000.00 5 United Paving $90,235.14 6 Hardy & Harper, Inc. $113,679.00 Public Works Commission Action: The Public Works Commission reviewed and approved CC-1580 on March 20, 2019, with a vote of 6- 0-1 (Nguyen absent). Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Location Map City of Huntington Beach Page 2 of 2 Printed on 5/15/2019 powered7d} Legistar l LLJ > < P4 0 4 P4 P-4 m --J < is MJVHiOO L-LI < IL < 12 cn is iSIMNIMOO 0 Lj-j Lj-j < :D LL- or_ u LLJ > < 0 < V) —i LLJ is SaMal Li iZ < 4 �;7 S FiONs vh,�, m 'C[A"IF3 H < f < ol Ull Ln Z_ s C� 7Z A i'll 5 A < < Lu Z5 Hil -"El L-- IE, T"I LO r- Switzer, Donna From: David Ward <daward@scng.com> Sent: Friday, April 05, 2019 9:47 AM To: Switzer, Donna Cc: Claudio, Jonathan; Estanislparza, Patty Subject: Re: NISB for CC Nos. 1569 1580 Hello again Donna. Here are the other two notices. Have a great day! C 1569 A 125 9 Run 4/11, 4/18, 4/25 Co $1080 OOF SECTION A NOTICE INVITING SEALED BIDS for the construction of ALLEY REHABILITATION from Graham St. to Heil Ave. CC ND. 1569 in the j CITY OF HUNTINGTON BEACH PUBLIC TICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEAC,, as AGENCY, in tes sealed bids for the above stated project and will receive such bids the of- fice of the City Jerk, Second Floor, 2000Main Street, Huntington Beach, CalifornWQMB, up to the hour of 2: P.M. on April 30, 2019. Bids will be publicly opened in the Council Cham- bers unless otherw a posted. Copies of the Plans, S cifications and contract documents are availabl from the Office of the Director of Public ks, 2000Main Street, Huntington Beach, CA92 4B, uppon pa ment of a 0.00 nonrefundable fe if picked up, or payment of a S40.00 nonre ndable fee if sent by UPS ground delivery (bidde shall pay additional costs for special d iveryl. Plans, Specifi- cations, and contract documert�t�s can be downloaded free on AGENC websi e: htt : A,vww.huntin tonbeac ca. ov overnmentide artrn ts! ublic works/Bid r Any contract entered into pursuant\bet otice will incorp6rate the provisions of the State Labor Code. Pursuant to the provise Labor Code the State of California, the mini mum prevailing rate of per diem r each craft,%classification or type of workman needed to execute the contract shae deterrni d by the Director of Industrial Relations of the State of California, whicile at th Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 9264 The AGENCY will deduct a 5% retention frX263. ogress payments. The Contractor may substitute an escrow holder surety of equal ve retention in accordance with the pro- visions of the Public Contract Code, Section(Ie Contractor shall be beneficial owner of the surety and shall receive any interest 1� The AGENCY hereby affirmatively ensues that minorNy business enterprises will be afford- ed full opportunity to submit bids in r sponse to this n ice and will not be discriminated against on the basis of race color, na�lonal origin, ancestr sex, or religion in any considera- tion leading to the award oGntract/ No bid shall be considered unless it'is prepared on the appro d Proposal forms in conform- ance with the Instructions to Bid;'ers as determined by the A NCY. All extensions of unit prices will be subject to verific ion by the AGENCY. In the cc of a discrepancy between the unit price and the extendedamount, the unit price will govern. The bid must be accorn� pa 'ed by a certified check, cashier's check\ or bidder's bond made payable to the AGENCY ran amount no less than 10% of the amou t bid. The successful bidder shall be licensed A accordance with provisions of the Business bod Professions Code and shall possess a Stat Contractors License Class Act the time of the biopening. The suc- cessful Contractor an his subcontractors will be required to possess busiriess licenses from the AGENCY. �. Pro"ect Descript' : The project consists primarily of the removal and repl ement of the exis�/ism. oncrete pavement and concrete alley gutter, with ancillary vro k as neces- sary, The hall I allow the Contractor45 working days to complete the contract. The stimate of probable construction cost for the Work included in the ba 's of awar.The serves the right to reject any or all bids, to waive any irregularity and t takeer advisement for a maximum period of 60 days. DER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, day of June 2018, by Resolution No.2018.29. ftest: ICITYCLERKOFTHECITY OF HUNTINGTON BEACH Published: The Huntington Beach Wave April 11,18, 25, 201911256409 CC 1580 Ad411256419 Emkl l SECTION A NOTICE INVITING SEALED BIDS for the construction of OCEAN VI EW ESTATES PARKING LOT EXPANSION 7051 Ellis Avenue CC No.1390 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids fort he above stated project and will receive such bids in the of- fice of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on April 30, 2019. Bids wviII be publicly opened in the Council Cham- bers unless otherwise posted. Copies of the Plans{ Specifications, and contract documents are available from the Office of the Director of PubhcWorks, 2000Main Street, Huntington Beach, CA9264B, upon payment of a 10.00 nonrefundable fee if picked up, orpayment of a $20.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery. Plans, Specifi- cations, and contract documents can be downloaded free on AGENCYwvebsi e: http:/Avw w.huntingtonbeachca.-qovlgovernmentdepartments.`public wrorksfBidsJ Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the mini- mum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Rela- tions of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 5% retention from all progress payments. The Contractor may substitute an escrow) holder surety of equal value to the retention in accordance with the pro- visions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afford- ed full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race color, national origin, ancestry, sex, or religion in any considera- tion leading to the award oGntract. No bid shall be considered unless it is prepared on the approved Proposal forms in conform- ance with the Instructions to Bidders as determined by the AGENCY. All extensions of unit prices will be sub'ject to verification by the AGENCY. In the case of a discrepancy between the unit price and the extended amount, the unit price will govern. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made pa able to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contrac tort License Class A at the time of the bid opening. The suc- cessful Contractor and his subcontractors wvilI be required to possess business licenses from the AGENCY. F'ieet Desfription The project consists primarily of minor grading work, the construc- �on of aspha t concrete pavement, signing and striping, with ancillary workas necessary. The contract shall allow the Contractorliwrorking days to complete the contract. The engineer's estimate of probable construction cost for the Work included in the basis of award is $50AW. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALI FORN IA, thedthday of June2018, by Resolution No.2Q11049, Attest: Robin Estanislau ' ITYCLERK OFTHE CITYOF HUNTINGTON BEACH Published: The Huntington Beach Wave Apri 11, 18, 25, 201911256419 David Ward Legal Advertising Rep Run Dates 4/11, 4/18, 4/25 Cost $1080 PROOF SECTION A NOTICE INVITING SEALED BIDS for the construction of OCEAN VIEW ESTATES PARKING LOT EXPANSION 7051 Ellis Avenue CC No. 1580 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on April 30, 2019. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $10.00 nonrefundable fee if picked up, or payment of a $20.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY website: http://www.huntingtonbeachca.gov/government/departments/public works/Bids/ Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. A- 1 No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. All extensions of unit prices will be subject to verification by the AGENCY. In the case of a discrepancy between the unit price and the extended amount, the unit price will govern. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Project Description: The project consists primarily of minor grading work, the construction of asphalt concrete pavement, signing and striping, with ancillary work as necessary. The contract shall allow the Contractor 15 working days to complete the contract. The engineer's estimate of probable construction cost for the Work included in the basis of award is $50,000. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 4th day of June 2018, by Resolution No. 2018-29. Attest: /s/ Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH A- 2