Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
RT Contractor Inc. - 2019-06-03 (2)
RECEIVED BY CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating ' / ''./L (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for PT(Fn-h-ziict-r- 1`6Y L-) (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bon (Labor and Materials) Bond No. Warranty(or Maintenance Bond No. /VC7 hrr ) .� TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved (Council Approval Date) CC No. �PS�/ Agend(a Item No. MSC No. City Clerk Vault No. OGD© 570 Other No. SIRE System ID No. g1forms/bond transmittal to treasurer J. CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION DATE: 53,,'6/'2020 TO: THOSE LISTED HEREON PA FROM: Gard,brit i ���z.moz-I'Viorns, As ccia e: Civii Ei witty r SUBJECT: Retention Release Payment- PO#25056-OJ Supplier#105393 Co.#226 Central Park Restrooms,Project#CC1591 Contractor's Name: RT Contractor Address: 12864 E Dale St City, State and Zip Code: Garden Grove,CA 92841 Phone Number: (714)478-8421 City Business License Number: A211536 Notice of Completion (Date by City Clerk): 3/12/2020 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file. 2c Date l:jirec.o of ublic I certify that there are no outstanding invoices on file. to 3t`Yct 2."a ks. ?ctI.IUty C,t'V "f'a,a,3LIVe' I certify that no stop notices are on file, and that a guaranty bond has been filed with the City Clerk's Office. Date .t bin Est anisl;:at.;. :,ttl> 'Clerk, Attachments 1. Notice of Completion 2. Maintenance Bond 3. Certificate of Compliance with Prevailing Wage Laws 4. Contractor's Certificate 5. Certificate of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 6. Consent for Release letter from the Surety Company RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to CRY Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION OLD TO: City Treasurer FROM: City Clerk DATE: 4/,?120 SUBJECT: Bond Acceptance I have received the bonds for (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty r Maintenance Bond No. /U1 # S,74 TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved _////�� (Council Approval Date) CC No. �l Ager llem No. /9-0/9 MSC No. City Clerk Vault No. 1�06• 50 Other No. SIRE System ID No. SJ e-7� g:/forms/bond transmittal to treasurer MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That RT Contractor Corp (contractor's name) 12864 E Date St., Garden Grove CA 92841 (contractors street address,city and state and zip code) as Principal(hereinafter called Contractor),and: Merchants Bonding Company (MUTUAL) (surety's name) 6700 Westown Parkway, West Des Moines, IA 50266-7754 _ (surety's street address,city and state and zip code) a corporation organized and existing under the laws of the State of Iowa —with its principal office in the City of Des Moines as Surety(hereinafter called Surety),are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of Five hundred thirty five thousand and 00/100 Dollars ($ 535,000.00 _ ), equivalent to the entire contract amount including all orders, for the payment whereof Contractor and Surety bind themselves, their heirs, executors,administrators,successors,and assigns,jointly and severally,firmly by these presents, WHEREAS,Surety is a duly admitted surety insurer under the laws of the State of California;and Surety is certified and listed in the U.S.Department of the Treasury Circular 570,and able to provide proof of bonding limitation shown in said circular is sufficient to provide bonds in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies, such as from A.M.Best, Moody's, Standard & Poor's,to validate that Surety has positive ratings of being secure or stable;and Surety is registered and listed with the California Department of Insurance;and Contractor has by written agreement dated June 3 2019,entered into a contract with Owner for the CENTRAL PARK RESTROOMS-CC1591 in accordance with drawings and specifications prepared by The City of Huntington Beach which contract is by reference made a part hereof(hereinafter referred to as the Contract);and The Contract provides that the principal will guarantee, for a period of one year, the work performed as part of the. Contract from and against all defects in materials and workmanship;and The Contract also provides that the Contractor shall secure Contractor's obligations during the one-year period with a bond executed by a surety duly admitted in the state of California;and The Contract has been completed, and the Owner;Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be March 12 20ZQ NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shall be null and void;otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within thirty (30) days following Owner's written notice of default, either: (a) remedy the default, or (b) shall promptly complete the Contract in accordance with its terms and conditions. Surety shall save the Owner harmless from any claims,judgments, liens or losses arising from the Surety's failure to either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner. -4594/1181.38 1 Whenever the Principal shall be, and declared by the Owner to be in default under the Contract, which shall include without limitation, any breach or default of the Contract, then, after written notice from the Owner to the Surety, as provided for below,the Surety shall either: (a)remedy the default or breach by the Principal;or(b)shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal,at its own expense,and make available as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder, provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner. Within thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, it shall be the duty of the Surety to give to the Owner a notice, in writing, of the Surety's election to(a) remedy the default(s)of the Principal promptly,or(b)arrange for performance of the Contract promptly by a contractor other than the Principal,time being of essence to this Bond. In said Notice of Election, the Surety shall state the date of commencement of its cure or remedy of the Principal's default(s) or its performance of the Contract. The Surety's obligations for cure or remedy, include but are not limited to; correction of defective work and cornpletion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to act; and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance by the Principal). The Surety shall give prompt written notice to the Owner upon completion of the cure or remedy of the Principal's default(s)of its performance of the Contract. If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's default(s)of its performance of the Work within thirty(30) days after receipt of a written notice from Owner, Surety shall be deemed to be in default on this bond,and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the owner named herein or the successors of Owner. Signed and sealed this 21 st day of April 20 20 Principal Raised Corporate Seal R T Contractor Corp. [MUST BE AFFIXED] (Contractor Name) By: (Seal) Principal Raised Corporate Seal Richie Tran [MUST BE AFFIXED] (_— President (Ti Merchd/ onding Company (MUTUAL) (Surety Name) By: (Seal) Khoi Tran, Attorney-in-fact APPROVED AS,:TCS-E7RM:. B NOTES; ,N ichael E. Ga es, City Attorney 1. Acknowledgments must be completed and returned 4 as part of the bond. i si 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. I5-4784/118135 2 T MERCH kr BONDING COA11-. i*JY- POWER OF ATi Ti ORNFY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Knot Tran;Victoria M Campbell their true and lawful Attorneys)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or.final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(3D)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 11th day of February 2020 '•�' QRPo �,' MERCHANTS BONDING COMPANY UAL) 04 � P��4 ¢Z• MERCHANT NATIONAL BONDING,NC. Zoos :y. �� "c By � c. President STATE OF IOWA COUNTY OF DALLAS ss. On this 11th day of February 2020 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. .. .1 t s. POLLY MASON 0: Commission Number 750576 f Y z '""' '� My Commission Expires P044 �prlP January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. i In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this) "day day of j4 f' l I ),lt; ' G •• ', PO4? a '�' �E't?�p' z' .. 9 O'C; Secretary 200 -.. •.••FAY•.. ••�'�1� ♦ "Y 1• ,� ,r ^0P.nna a i�r2 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 Orang de ) On . l g I l-�before me, V.M. Campbell, Notary Public Date Here Insert Name and Title of the Officer personally appeared Khoi Tran 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/shaZthey executed the same in his/lzer4their authorized capacity(ies),and that by his/he44tWr 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 *My V.M.CAMPBELL of the State of California that the foregoing paragraph Notary Public-California is true and correct. Orange CountyCommission a 2264971 WITNESS my hand and official seal. Comm.Expires Nov 25,2022 Signature i NA' j V Signature of N tary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑General ❑Individual ®Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: C_c A_S 9 t Project: CE O l F-AL 21t(ZY<, ES f j ,0Ql\A The undersigned contractor on the above-referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage-rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this da�3 f � �1 1 , 20 ,y o -�-� d� at G.Y,ve-c California. ( rn.t�c4S Gal (Contractor Name) APPROVED A.S TO FOR By: / G � Mii ael E. Gates Laity Attorney 1 CONTRACTOR'S CERTIFICATE I, RT Co iQTIZACT O K C o RP. �\ (R1CtP E f PA t4 , state and certify that: (Name of Declarant) 1. K I CoM 7RAC7-OR is the general contractor to the City of Huntington Beach ("City")on Contract No. CC 1,-%1- (the "Contract") for the construction of the public work of improvement entitled: C E N i t A i— PA K is (Z S-T /zoo /" (the"Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): RONE 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California(list all disputed claims; if none, write "NONE"). ONE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Y j 6�4 �' on this��day of r'; 20__ZO , (Sig e of Declarant) APPROVED AS - ORM Michael-t . Gates City,.Attorney 1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: cc "W Project: C� N T� A L ?SE-K �E ST R QO Nl The undersigned contractor on the above-referenced project ("Project") hereby certifies that it has complied with title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, color,religion, sex, sexual orientation, gender identity, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this Z ZVI' day of A I PA (L , 20-Z--d , at eri , California. IZ I cG ti rC2 C i A \ Df?12 - (Contractor Name) APPROVED F By: .r Mic el E. Gates Cit�Attorney 1 CONSENT OF OWNER SURETY COMPANY CON (TRARCHACTOR SURETY TO FINAL PAYMENT OTHER X AlA DOCUMENT G707 PROJECT: (name, address) TO(Genera! Contractor) BOND NO.: CAC716630 City of Huntington Beach ARCHITECTS PROJECT NO: 2000 Main Street CONTRACT FOR: Central Park Restrooms Huntington Beach, CA 92648 (CC1591) CONTRACT DATE: ,rune 3, 2019 Sub-CONTRACTOR: RT Contractor Corp 11531 Salinaz Drive Garden Grove, CA 92843 In accordance with the provisions of the Contract between the General Contractor and the Sub-Contractor as indicated above,the (here insert name and address of Surety Company) Merchants Bonding Company(Mutual) P.O. Box 14498 Des Moines, IA 50306 SURETY COMPANY, on bond of(here insert name and address of Sub-Contractor) RT Contractor Corp 11531 Salinaz Drive Garden Grove, CA 92843 Sub-Contractor, hereby approves of the final payment to the Sub-Contractor,and agrees that final payment to the Sub-Contractor shall not relieve the Surety Company of any of its obligations to(here insert name and address of General Contractor) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 General Contractor as set forth in the said Surety Company's bond. IN WITNESS WHEREOF. the Surety Company has hereunto set its hand this 7th day of May, 2020 Merchants Bonding Company(Mutual) Surety Company Signature of Authorized Representative Attest: (Seal): Khoi Tran Attorney-in-Fact W Title Surety Phone No. _ 3 NOTE:This form is to be used as a companion document to ALA DOCUMENT G706,CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS,Current Edition AIA DOCUMENT G707`CONSENT OF SURETY COMPANY TO FINAL PAYMENT•APRIL 1970 EDITION-AIA@ ONE PAGE @ 19707HE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,NW,WASHINGTON,D.C.20006 MERCHANT� BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Khoi Tran;Victoria M Campbell their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary,Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 2nd day of August, 2018 pj •496P0 .9 � MERCHANTS BONDING COMPANY(MUTUAL) 9�.1�: MERCHANT NATIONAL BONDING,INC. v 2003 1933 c: By C:• '•,`�dji'' �Q% ;�• ••�'ly t; \�A� President STATE OF IOWA •�""'f'�"'''`' •••"'• COUNTY OF DALLAS ss. On this this 2nd day of August 2018 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. IA AUCIA K.GRAM Commission Number767430 . My Commission Expires �nYJP April 1,2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) 1,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked.In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this*I'► +t' day of 02 '. 2003 r :a 1933 Secretary ••.�'.•. '.•�y fi� POA0018 (3/17) """ ••�•�•� 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 o�f, Orange ) On 0T 7 , 2Q r2c-) before me, V.M. Campbell, Notary Public Date Here Insert Name and Title of the Officer personally appeared Khoi Tran 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/sheLthey executed the same in his/lier4Uwir authorized capacity(ies),and that by his/kettheir 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. V.M.CAMPBELL Notary Public-California WITNESS my hand and official seal. Orange County : Commission y 2264971 � My Comm.Expires Noy 25,2022 J IVI Signature /�p Signature okVotary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑General ❑ Individual [X Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association " www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Batch 6050981 Confirmation Page 1 of 1 Recorded in Official Records,Orange County Hugh Nguyen,Clerk-Recorder (� PLEASE COMPLETE THIS INFORMATION 11 NO FEE* $ R 0 0 1 1 5 5 4 0 4 1 $ * RECORDING REQUESTED BY: 2020000110610 9:49 am 03/12120 227 NCR2 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTME Gabriel Munoz-Morris,PE \ P.O.Box 190—2000 Main Street Huntington Beach,CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street,Huntington Beach,CA 92648,that the contract heretofore awarded to RT Contractor,who was the company thereon for doing the following work to-wit: Central Park Restrooms,Project#CC1591 That said work was completed 03/06/2020 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on 03/06/2020,per City Council Resolution No.2003-70 adopted October 6,2003, That upon said contract Merchants Bonding Company,was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 27383 and should be recorded free of charge. Director of Public Works or City Engineer Date/ City of Huntington Beach,California (,/ mij STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach ) I,the undersigned,say:I am an Agent of the City of Huntington Beach,owner in fee,in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof,the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder7�b&xt_ e County. `/1��jThis document!s solely the official business of L (3 Vv- the City of Huntington Beach,as contemplated under Government code section 27383 and Director of Public Works or City Engineer Date should be recorded free of charge. City of Huntington Beach,California (f}txih9 THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) https://gs.secure-recording.coin/Batch/Confirmation/6050981 3/12/2020 RECEIVEDBY: CITY CLERK RECEIPT COPY Return DUPLICATE to J� f��✓✓/°i^w� City Clerk's Office (Name) "' after signing/dating (Date) i CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk�// DATE: ;)--I/ � SUBJECT: Bond Acceptance I have received the bonds for (. !�I') C-� / 1 --' -� ,�• (Company Name) v CAPITAL PROJECTS (Includes CC's and MSC's) n Performance Bond No. ) Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved (Council Approval Date) CC No. f J•�I Agenda Item No. 0q— /� MSC No. City Clerk Vault No. UG• Other No. SIRE System ID No. 53703gL/ g:/forms/bond transmittal to treasurer CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND R.T CONTRACTOR CORP. FOR CENTRAL PARK RESTROOMS CC1591 THIS AGREEMENT("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and R.T CONTRACTOR CORP. , 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 CENTRAL PARK RESTROOMS (CC1591) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the 1 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 Contract.docx—revised 04/2016 D. The edition of Standard Specifications for Public Works Construction, published by Builders'News, Inc., 10801 National Boulevard,Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5195/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 HUNDRED AND THIRTY-FIVE THOUSAND Dollars ($ 535,000 ) 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 NINTY ( 90 ) 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.docx—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 (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 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. IL LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of FIVE HUNDRED DOLLARS ($ 500.00 ) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay(unless DPW shall grant a further period of time), notify DPW in writing of the cause of the 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 04/2016 (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 16-5195/City 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 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his 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 judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent(50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such 11 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 performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any,to be set forth in CONTRACTOR's affidavit covering disputed claims, 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. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5195/City Funded Construction Contract.docx—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 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight(8) hours of labor per day or forty (40)hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 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.docx—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.docx—revised 04/2016 26. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: I. Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force; and 3. Promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction 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. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement,or any part hereof,or any right or duty created herein,without the prior written consent of CITY and the surety. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work 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: TO CONTRACTOR: City of Huntington Beach R.T CONTRACTOR CORP. ATTN:Gabriel Munoz-Mg Public Works ATTN: Richie Tran 2000 Main Street 12864 E. DALE ST. Huntington Beach, CA 92648 GARDEN GROVE, CA 92841 35. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions,and do not interpret,define, limit or describe,or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 16-5195/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. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 39. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other 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 Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 16-5195/City Funded Construction Contract.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 party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 16-5195/City Funded Construction Contract.docx—revised 04/2016 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on June 27th , 20 19 CONTRACTOR: CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California By: Ar Mayor (print name) Q ITS: Chairman/ residen'/Vice-President City Clerk 1U/,P7 /'! (circle one) INITIATED AND APPROV AND /_ 'r/ By: Direc or of Public Works -T�NM 1Ay till/ (print_nanije) REVIEWED AND APPROVED: ITS?-'Secretary� _ / Chief Financial Officer / Asst. Secr -7Treasurer (circle one) City Manager APPROVED M: City Attorney Nw 25 16-5195/City Funded Construction Contract.docx—revised 04/2016 DATE(MM/DD/YYYY) A4CC)R o® CERTIFICATE OF LIABILITY INSURANCE 06/13/2019 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Daniel Morton NAME: Fusco&Orsini Insurance Services Inc. A/CONE,No, Ext: (858)384-1506 FAX No): (800)209-9298 5095 Murphy Canyon Road E-MAIL daniel@foagency.com ADDRESS: Suite 200 INSURER(S)AFFORDING COVERAGE NAIC# San Diego CA 92123 INSURER A: Landmark American Insurance Company 33138 INSURED INSURER B: United Financial Casualty Company 11770 R T Contractor Corp INSURER C: Everest National Insurance Company 10120 11531 SalinaZ Or INSURER D: INSURER E: Garden Grove CA 92843 INSURER F: COVERAGES CERTIFICATE NUMBER: 19-20 GLAI/WC 18-19 BA REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADUL SUE3R POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE 0 50,000 CLAIMS-MADE X OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ 5,000 A Y LHA140603 06/11/2019 06/11/2020 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER GENERAL AGGREGATE $ 2,000,000 Poucv ❑X JEC PRO- F 2,000,000 JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED 08394665-0 11/27/2018 11/27/2019 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident Discount $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION S $ WORKERS COMPENSATION X1 SPERTATUTE EORH AND EMPLOYERS'LIABILITY Y/N 1,000,000 C ANY PROPRIETOR/PARTNER;EXECUTIVE NIA Y 7600013132191 05/03/2019 05/03/2020 E.L.EACHACCIDENT $ OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ Ifyes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:18100 Goldenwest St.,Huntington Beach,CA,California 92648. City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are named as additional insured per endorsements CG 2010 and CG 2037 on general liability only.Per project applies per CG 2503 1185.Primary wording and work comp 0WJD 9m�€,CM2fflRK 3 and WC 040306. IC AEA E. GATES Y-ATTORNEY CERTIFICATE HOLDER CANCELLATION CM OF HUiii.NC_Q SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE PO Box 190 Huntington Beach CA 92648 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: LHA140603 COMMERCIAL GENERAL LIABILITY CG20100413 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 officials, employees, agents and volunteers 2000 Main Street, Huntington Beach, CA, 92648 Job: Commercial structures-refabricate restroom installations Date: 09/03/2019-01/18/2020 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured with respect to liability for "bodily injury", "property will not be broader than that which you are damage" or "personal and advertising injury" required by the contract or agreement to caused, in whole or in part, by: provide for such additional insured. 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 CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 3 ❑ 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 2 of 3 0 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 required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 3 of 3 ❑ POLICY NUMBER: LHA140603 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) Or Organization(s) Location And Description Of Completed Operations The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers 2000 Main Street, Huntington Beach, CA, 92648 Job: Commercial structures- refabricate restroom installations Date: 09/03/2019-01/18/2020 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured will with respect to liability for "bodily injury" or not be broader than that which you are required "property damage" caused, in whole or in part, by by the contract or agreement to provide for such "your work" at the location designated and additional insured. 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 CG 20 37 04 13 © ISO Properties, Inc., 2004 Page 1 of 2 0 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 © ISO Properties, Inc., 2004 Page 2 of 2 ❑ Policy Number: LHA140603 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person(s) Or Organization(s) The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers 2000 Main Street, Huntington Beach, CA, 92648 Job: Commercial structures-refabricate restroom installations Date: 09/03/2019-01/18/2020 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and MANUSCRIPT ©Insurance Services Office, Inc., 2011 Page 1 of 1 0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR BLANKET WAIVER OF SUBROGATION WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 05-03-19 Policy No. 7600013132191 Endorsement No. 001 Insured R T CONTRACTOR CORP Premium $ INCL. Insurance Company EVEREST NATIONAL INSURANCE COMPANY Countersigned By -1998 by the Workers'Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers'Compensation Insurance Forms Manual- 1999. INSURED COPY 6/4/2019 Company Profile s � T� s 6 . �� >,��/yi� e,�,�'r ...E �. �. COMPANY PROFILE Company Profile Company Search Company Information Company Search Results MERCHANTS BONDING COMPANY (MUTUAL) Company 6700 WESTOWN PARKWAY Information WEST DES MOINES, IA 50266 Old Company Names Agent for Service Old Company Names Effective Date Reference Information Agent For Service NAIC Group List KARISSA LOWRY Lines of Business 2710 GATEWAY OAKS DRIVE Workers' SUITE 150N Compensation SACRAMENTO CA 95833 Complaint and Request for Action/Appeals Reference Information Contact Information _ Financial Statements NAIC #: 14494 PDF's Annual Statements California Company ID 1: 2482 8 Quarterly Date Authorized in California: 01/27/1982 Statements Company Complaint License Status: tJNLTMITED-NORMAL Company Company Type: Property&Casualty Performance & Comparison Data State of Domicile: I04dA Company ll._ .._ _ Enforcement Action Composite back to top Complaints Studies Additional Info NAIC Group List Find A Company Representative In Your Area NAIC Group #: 3479 Merchants Bonding Co Grp View Financial Disclaimer Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. LIABILITY MISCELLANEOUS SURETY rack to top @ 2008 California Department of Insurance. https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=6220 1/1 6/4/2019 Surety Bonds-List of Certified Companies UNDERWRITING LIMITATION b/: $6,516,000, SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MID, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, VT, VA, WA, WV, WI, WY. INCORPORATED IN: New Hampshire. Merchants Bonding Company (Mutual) (NAIC #14494) BUSINESS ADDRESS: P.O BOX 14498, DES MOINES, IA 50306 - 3498. PHONE: (515) 243-8171. UNDERWRITING LIMITATION b/: $11,213,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD,TN, TX, UT, VT, VA, WA, WV, WI, WY, INCORPORATED IN: Iowa. Merchants National Bonding, Inc. (NAIC #11595) BUSINESS ADDRESS: P.O. Box 14498, DES MOINES, IA 50306 - 3498. PHONE: (515) 243-8171. UNDERWRITING LIMITATION b/: $1,557,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Iowa. Michigan Millers Mutual Insurance Company (NAIC #14508) BUSINESS ADDRESS: P. 0. Box 30060, Lansing, MI 48909 - 7560. PHONE: (517)482-6211 x-5115. UNDERWRITING LIMITATION b/: $5,999,000. https://www.fiscal.treasury.gov/surety-bonds/list-certified-companies.htm1 49/90 Executed in Duplicate Bond#CAC716630 Premium included in Performance bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as"City")has awarded to RT Contractor Corp 11531 Salinas Drive Garden Grove, CA A2843 (name and address of Contractor) (hereinafter referred to as"Principal' ,a contract("Contract")for the work described as follows: Central Park Rest rooms OCC1591) (Project Title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers,mechanics, materialmen,and other persons as provided by law, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety"); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570,and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds in the amount required by said Contract,and Surety has provided financial strength ratings from reputable companies,such as from A.M. Best, Moody's or Standard&Poor's,to validate that Surety has positive ratings of being secure or stable;and Surety is registered and listed with the California Department of Insurance. NOW THEREFORE,we,the undersigned Principal,and Merchants Bonding Company (Mutual) 6700 Westown Parkway West Des Moines, Iowa 50266-7754 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of Five H,indn-d Therty Erie Thni isand and_No/100ths----------------------------------------- dollars($535T(Ln nn 1,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 1.815 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. PAYMENT BOND Page 1 of 2 1.5-4584/1 1 73 57 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 properly execute this bond. Dated: May 29, 2019 ATTEST RT Contractor C (Corporate Seal) (Pr' c" Name) By: Name: n Title: ATTEST Merchants Bonding Company utual) (Corporate Seal) (Surety Name) By: Name:V' -in-Fact (Signature of Attorney-in-Fact for Surety) (Attach Attorney-in-Fact Certificate) C51�i 243-8171 (Area Code 8 Telephone Number for Surety) .APPROVED AS T RM: By. NJiEhael E.Gates," ity Attorney G 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 attomey4n-fact must be attached. PAYDgNT B ON ID Page 2 of 2 15-4584/117357 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 MAY 2 9 2019 before me, L.Clark,Notary Public , Date Here Insert Name and Title of the Officer personally appeared Victoria M.Campbell 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-Fte/she/trey-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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. L. CLARK WITNESS my hand and official seal. �T... Notary Public - California Los Angeles i :''". geles County z Z �' ® Commission # 2170352 v Signature ' My Comm. Expires Nov 28,2020 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document MAY 2 9 2019 Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑ Limited ❑General ❑Partner — ❑ Limited ❑General ❑Individual ®Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Victoria M Campbell their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary,Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 6th day of April 2017 �.•�''�10 N.q .• •NO C •. ��'ap�PORI�o ;•0�9`RPO��'O9•+ MERCHANTS BONDING COMPANY(MUTUAL) Q1:v0 �9J.S� MERCHANT NATIONAL BONDING,INC. :Q:2 -o- :E�'-: y� 2003 ;�• : � 1933 c: By �� • vd. ,acti. ••�•�' • ••':rJ •+•�jy '}.. \1••• President STATE OF IOWA ,��"""""�•• •+••••••• COUNTY OF DALLAS ss. On this this 6th day of April 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Ezo ALICIA K.GRAM Commission Number767430My Commission Expires April 1,2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 29th day of May 2019 .•''p11ON44''•, �•o�iPOR,4 04P094" =.Z:2 _p_ D;G- :ram-:•`' -o- v� �.•� _ 2003 1933 Secretary POA0018 (3/17) "" •••••••+ f Executed in Duplicate Bond#CAC716630 Premium: $13,375.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS:. WHEREAS,City of Huntington Beach(hereafter referred to as"City")has, by written agreement dated 20_,entered into a contract with RT Contractor Corp 11531 Salinaz Drive Garden Grove CA 92843 (name and address of Contractor) (hereinafter referred to as"Principal"),for performance of the work described as follows: Central Park Restrooms (CC1591) (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full;and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt,full and faithful performance of said Contract, by a duly admitted surety insurer under the laws of the State of California(hereinafter referred to as"Surety");and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies,such as from A.M. Best,Moody's, or Standard &Poor's,to validate that Surety has positive ratings of being secure or Stable;and Surety is registered and listed with the California Department of Insurance, NOW,THEREFORE,we,the undersigned,as Principal,and Merchants Bonding Company (Mutual) 6700 Westown Parkway West Des Moines, Iowa 50266-7754 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of Five Hundred Thirty Five Thousand and No/100ths Dollars($ 535,000.00 ),this amount being not less than one hundred percent of the price set forth in the Contract,in lawful money of the United States,for the payment of which sum,well and truly to be made, we bind ourselves,our heirs,executors,administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly,fully and faithfully perform each and all of the covenants,obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered,amended or modified from time to time;and if the Principal shall indemnify and save harmless City and all of City's officers,agents and employees(hereinafter collectively referred to as"Obligees')fromany and all losses;liability and damages, claims,judgments,stop notices,fees and costs of every description;whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract,including all alterations, amendments and modifications thereto,and any warranties or guarantees required thereunder,then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees,for value received,that no adjustment of the time or price in the Contract or any alteration,change, deletion,addition or other modification to the.Contract,or the work to be performed thereunder,shall in any way affect,limit,restrict,impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract or contract price,and any other alteration,change, deletion,addition or other modification to the Contract,or the work to be performed thereunder,and agrees 15-4584/117174 Bond No. CAC716630 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 29, 2019 ATTEST RT Contractor Corp (Corporate Seal) (Principal ame) By: Name: &ie Nee A� Title: ATTEST Merchants Bonding Comnanv(Mutual) (Corporate Sea]) (Surety Name) By:�U urAn la Name: Victoria M. Cam bell Att ne -in-Fact (Signature of Attorney-in-Fact for Surety) (Attach Attomey-in-Fact Certificate) t 51 Fj 243-8171 (Area Code&Telephone Number for Surety) APPROVED AS TO FGF51 By: /fVlichael E.Gates,City Attorney e(, 1 � 5 Note: This bond must be executed in duplicate and dated,aft signatures must be notarized,and evidence of the authority of any person signing as attomey-in-fact must be attached. PERFORMANCE BOND Page 2 of 2 15-4584/117174 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On MAY 2 9 2019 before me, L.Clark,Notary Public Date Here Insert Name and Title of the Officer personally appeared Victoria M.Campbell 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/titer executed the same in his/her/their authorized capacity(ies),and that by hfs/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. L. CLARK WITNESS my hand and official seal. Notary Public -California Z , Los Angeles County D i � `.i•. Commission # 2170352 Signature My Comm.Expires Noy 29 2020 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document . Title or Type of Document: Document Date: MAY 2 9 2019 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑Individual ®Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 MERCHANT_ BONDING COMPANY.. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Victoria M Campbell their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 6th day of April 2017 �PRPORt •O��`RPO,949•� MERCHANTS BONDING COMPANY(MUTUAL) 9 MERCHANT NATIONAL BONDING,INC. 2003 ;�). :y� 1933 By :,dVl' �t1�,' •••b,� .......•l�d•.` President STATE OFIOWA •'"�nu,�'••' •�•�•••� COUNTY OF DALLAS ss. On this this 6th day of April 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. EIAI,� ALICIA K.GRAM Commission Number767430 My Commission Expires April 1,2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 29th day of May 2019 . Q, 10N N C A �h� Rppj4 �O �00pRPU,gq 9y i�rf ice' _ 2003 1933 y; Secretary POA 0018 (3/17) " .. SECTION C PROPOSAL for the construction of CENTRAL PARK RESTROOMS CC No. 1591 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 90 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find SEE BID BELOW in the amount of which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Si ture 1 5/ 9/ 19 � C-a SECTION C PROJECT BID SCHEDULE A CENTRAL PARK RESTROONIS CC1591 BID ITEMS Item Description Quantity Unit Unit Cost Total Cost No. (Extension) Construct ROMTEC Restroom Number 1 building as indicated on drawings and in specifications. Item includes demolition of existing restroom, utility work, site grading,foundations, concrete slab, abatement as needed, and all other items necessary to complete work. Romtec building materials to be furnished by City.Contractor to provide for secure site including space for building materials,which will become the 185, 000 185, 000 responsibility of the contractor upon delivery. 1 LS $ $ Construct ROMTEC Restroom Number 2 building as indicated on drawings and in specifications. Item includes demolition of existing restroom, utility work, site grading,foundations, 2 concrete slab, abatement as needed, and all other items necessary to complete work. Romtec building materials to be furnished by City. Contractor to provide for secure site including space for building materials,which will become the 175, 000 175, 000 responsibility of the contractor upon delivery. 1 LS $ $ Construct ROMTEC Restroom Number 3 building as indicated on drawings and in specifications. Item includes demolition of existing restroom, utility work, site grading,foundations, concrete slab, abatement as needed, and all other items 3 necessary to complete work. Romtec building materials to be furnished by City. Contractor to provide for secure site including space for building materials,which will become the responsibility of the contractor upon delivery.Work shall not begin until restroom 2 is open and available for use by the 17 5, 0 0 0 175, 000 public. 1 LS $ $ TOTAL BID AMOUNT (BASIS OF AWARD)—SCHEDULE A $ 535 , 000 TOTAL BID AMOUNT IN WORDS: FIVE HUNDRED THIRTY FIVE THOUSANDS DOLLARS Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-z.1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR PWC Dollar % of Item(s) Subcontractor License Registration# Amount Contract Number GAMI CONSTRUCTION INC C12 $200,000 16567 BAYLEAF LN 1049632 1000064052 501 FONTANA CA 92337 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 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 5/14/1 9 at GARDEN GROVE -CA- Date City State RICHIE TRAM , being first duly sworn, deposes and says that he or she is PRESIDENT of R.T CONTRACTOR CORP. 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. RICHIE TRAM Name of Bidder Signature o(Bidder 12864 E DALE ST, GARDEN GROVE, CA 92841 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 CENTRAL PARK RESTROOMS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. R.T CONTRACTOR CORP. Contractor RICHIE TRAN By 7 PRESIDENT Title Date: 5/14/19 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. R. T CONTRACTOR CORP. ' Contractor RICHIE TRAM By r PRESIDENT Title Date: 5/14/19 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: i C oe-ri-gAG-ZDA Bidder Name c- �:; st- Business Address City, State Zip P t l-E- ) 4- 7 6 -S4-24 1 Acwee�,P—k Ly/,/z7Z4,-:4-0,,2 _ Ga Telephone Number Email Address -rss 7a cp A State Contractor's License No. and Class DS-- R-7 Original Date Issued nc - 21 Expiration Date flk- The work site was inspected by p(71i1�� 12-40�of our office on�A7 ( � , 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 Bidder P' Nota Con My Corr Printed or Typed Signature C-S NOTARY CERTIFICATE '4tl Subscribed and sworn to before me this I day of. kaJ�W , 201 . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of County of ) On before me, ?JkVIc Modh, Day, hnd Year Insert N4he and TitWjf Nottary personally appeared M?J' — Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the pers whose name is/ re subscri to the within instrument and acknowledged to e that he she/ hey executed t ame in his er/ eir authorized capacity*), and that by hi her heir signa ureN) on the instrument the per on(Nor the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. PHU MYTRiNG Notary Public-California z a ;•- Z Orange County Commission#2180090 (� My Comm.Expires Jan 16 2021 Signature Signature ofNotar ublic (PLACE NOTARY SEAL ABOVE) J MYTRUONG Public-California Z range County nission#2180090 i.Expires Jan 16,2021 C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of at least one project involving the installation/construction of a "ROMTEC" modular construction building. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: RIO HONDO COLLEGE 3600 WORKMAN MILL RD, WHITTIER CA 90601 1. Name and Address of Public Agency BOBBY RAGASA 310-570 - 0828 Name and Telephone No. of Project Manager: $15 0 , 000 PREFABRICATED RESTROOMS 2016 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. RICHIE TRAM 1. Name of proposed Project Manager Telephone No. of proposed Project Manager: 714-4 7 8-8 4 21 LOMA LINDA VA HOSPITAL $2, 500, 000 STEAM UPGRADE 7/2019 Project Name &Contract Amount Type of Work Date Completed RIO HONDO COLLEGE $150, 000 PREFABRICATE RESTROOM INSTALLATION 7/2016 Project Name & Contract Amount Type of Work Date Completed SANTA ANA COLLEGE $100, 000 MAILROOM RENOVATION 11/2018 Project Name & Contract Amount Type of Work Date Completed 2. Name of proposed Superintendent Telephone No. of proposed 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 Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July I through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet-6.30,14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https:HefiIing.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https://efiIing.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. R.T CONTRACTOR CORP . Contractor RICHIE TRAN By SOLUTIONS@RTCON CTOR. COM Email PRESIDENT Title Date: 5/14/19 PWC Registration 4: 10 0 0 0 0 3 314 C-12 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK RESTROOMS, CC1591 in the CITY OF HUNTINGTON BEACH MAY 9, 2019 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. Notice Inviting Sealed Bids a. The bid opening for this project is scheduled for Tuesday, May 14'h at 2:00 PM in the Council Chambers. This is to acknowledge receipt and review of Addendum Number:One, dat/May 2019 R. T CONTRACTOR CORP. t Company Name By 5/14/19 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. MERCHANTS BONDING COMPANY , MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES, IOWA 50306-3498 Bid Bond PHONE: (800)678-8171 FAX: (515)243-3854 Bond Number: Bid Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name, legal status and principal place RT Contractor Corp of business) 11531 Salinaz Drive Merchants Bonding Company (Mutual) Garden Grove, CA 92843 A Corporation 6700 Westown Parkway,West Des Moines,IA 50266 OWNER: (Name,legal status and address) City of Huntington Beach This document has important legal City Hall, 200 Main St, 2nd Floor consequences.Consultation with Huntington Beach, CA an attorney is encouraged with BOND AMOUNT: respect to its completion or 10% Ten Percent of Amount Bid modification. PROJECT: Any singular reference to (Name,location or address,and Project number,if any) Contractor,Surety,Owner or Central Park Restrooms CC No 1591 other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 13th day of May, 2019 RT Contractor Corp (Principal) (Seal) (Witness) By: (Title) Merchants Bonding Company (Mutual) (Surety) ,� `�� hY ( eal) (Win By U (Title) Victoria M. Campbell' ,Attorney-i act CON 0657(2/15) Printed in cooperation with American Institute of Architects(AIA). The language in this document conforms exactly to the language used in AIA Document A310-Bid Bond-2010 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 MAY 13 2019 before me, L.Clark,Notary Public , Date Here Insert Name and Title of the Officer personally appeared Victoria M.Campbell Name(s) of Signer(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+re/she/then 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. L. CLARK Notary Public-California WITNESS my hand and official seal. Z . Los Angeles County Z Z ' Commission #2170352 D My Comm.Expires Nov 28,2020 Signature w �� Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: MAY 13 2019 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑ Limited ❑General ❑Partner — ❑Limited ❑General ❑Individual IN Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www,Nationa[Notary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 MERCHANT BONDING COMPANY;M POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Khoi Tran;Victoria M Campbell their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 2nd day of August, 2018 �.• ...R �o• •o�0,RQ0A,A,�•: pQ MERCHANTS BONDING COMPANY(MUTUAL) .yt, MERCHANT NATIONAL BONDING,INC. :Z:2 -O- G:Q' �ti:= -o- _i 2003 :�' 1933 �'c By / .��.� ., ,.•����: .•6� •. .••.,a`. President STATE OF IOWA "•"""� COUNTY OF DALLAS ss. On this this 2nd day of August 2018 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ���1°L s ALICIA K.GRAM d :Commission Number 767430 _J° �'- ; My Commission Expires roy P April 1,2020 ENotary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 13th day of May 2019 CO tv 2003 1933 �' • Secretary POA 0018 (3/17) •••''.• ..•' WillisTowers Watson 1.1'11.1 Direct Line:(949)885-1206 Direct Fax: (949)885-1225 Website:www.willistowerswatson.com E-mail: Vicky.M.Campbell@Willistowerswatson.com May 13, 2019 Richie Tran RT Contractor Corp 11531 Salinaz Drive Garden Grove, CA 92843 Re: Bid Bond— Bond number or description: Restroom Obligee: City of Huntington Beach As you requested, we are pleased to provide the attached bid bond documents. This bond has been executed based upon the information we received from your office. Please note the bond must be signed by an authorized representative of your company and if applicable, sealed with the corporate seal. We urge you to check all bond documents, including signatures, dates, amounts, job description, Power of Attorney and any other attachments to avoid the possibility of having a low bid rejected. Additionally, please verify that the bid bond form attached is the form required by the specifications. The Bid Bond authorization is based upon your original estimate. If the bid exceeds this estimate by 10% or more, the bond must be reauthorized by the surety. Please contact us for additional authority. Your bid results are very important. Please send your bid results to my email address shown above as soon as they are available. Thank you for the opportunity to service your surety needs. Should you have any questions, please do not hesitate to contact me or any member of your Willis surety team. Sincerely, Willis Insurance Services of California, Inc. U Victoria Campbell, FSB Vice President, S r ty Willis Risk and Insurance Services of Orange County 18101 Von Karman,Ste 600 Irvine,CA 92612 License No.037171 (&�)T-RACTZW;� 1, IU 1•Gu DF r- �l G- > Se 2 ooD M z CA 9 6�8 V 7 • City of Huntington Beach , p 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 * www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk June 27, 2019 R.T. Contractor Corp. Attn: Richie Tran 12864 E. Dale Street Garden Grove, CA 92841 Re: Central Park Restrooms Project—CC-1591 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 Vll of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) F, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: crP)—�J>e--7 SUBJECT: Bond Acceptance I have received the bonds for )e.-F (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) /) 1/ Performance Bond No. ( 7C7/1 ,3('')��ii Payment Bond (Labor and Materials) Bond No. G�:7100,3y Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved ( (Council Approval Date) CC No. Ise)I Ag dPa4tem No. 1 l-tff� MSC No. City Clerk Vault No. �ez)�)-S-0 Other No. SIRE System ID No. 5370,3� g:/forms/bond transmittal to treasurer fiPPR.D✓6D 7--0 City of Huntington Beach File #: 19-619 MEETING DATE: 6/3/2019 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: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with RT Contractor Inc. in the amount of $535,000 for the Central Park Restrooms Project, CC1591 Statement of Issue: On May 14, 2019 bids were publically opened for the Central Park Restrooms project. City Council action is requested to award the construction contract to RT Contractor, Inc., the lowest responsive and responsible bidder. Financial Impact: The total cost of the project is $1,170,500, which is available in the current fiscal year budget in Quimby Fund account 22645010.82900. This total includes the construction contract of $535,000 plus ten-percent (10%) construction contingency of $53,500. In addition, supplemental expenses of $100,000 for inspection and materials testing will be needed and $482,000 which is currently encumbered for the purchase of modular building materials. Staff is also requesting that the construction funds in the amount of $688,500 ($535,000 contract, $53,500 contingency and $100,000 in supplemental expense) be carried over in Quimby Fund account 226450010.82900 in order to allow time to prepare and execute contract documents. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by RT Contractor, Inc. in the amount of $535,000; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, or provide staff with an alternative action. Analysis: In an effort to modernize existing restrooms in Central Park, the Community Services Department has elected to replace existing restrooms with new Romtec modular restrooms. These restrooms are similar to those installed at Worthy Park and along North Beach. In contrast, the restrooms will each have six stalls and be installed at the same location as the existing restrooms. This project, the first City of Huntington Beach Page 1 of 2 Printed on 5/30/2019 powered by LegistarTM File #: 19-619 MEETING DATE: 6/3/2019 in a series, will replace three existing restrooms. Up to three additional restrooms are slated for replacement next fiscal year. Bids were publicly opened on May 14, 2019, with the following results: BIDDER'S NAME BID AMOUNT ORRECTED MOUNT Aid Builders $285,000 285,000 RT Contractor $535,000 $535,000 HYM Engineering $648,000 $648,000 California Building Evaluation & $700,000 $700,000 Construction Inc. Kazoni Inc. 1,199,856 �1,192,856 Aid Builders, the apparent low bidder, requested that their bid be rejected, due to inadequate experience for this project. A reference check determined that RT Contractor, Inc. has provided acceptable experience on past projects. Therefore, staff recommends awarding a contract to RT Contractor, Inc. in the amount of $535,000. The total cost of the project is $1,170,500. This total includes the construction contract of $535,000 plus ten-percent (10%) construction contingency of $53,500. In addition, supplemental expenses of $100,000 for inspection and materials testing and $482,000 which is currently encumbered for the purchase of modular building materials is included in the total cost. Unspent appropriations will be carried forward into Fiscal Year 2019/20. Environmental Status: The project is categorically exempt pursuant to Class 1, section 15031 c of the California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Location Map City of Huntington Beach Page 2 of 2 Printed on 5/30/2019 powered by Legistar- rBOLSA cn � AVE � NTS U Mc FADDEN AVE. U O z cn EDING R AVE. 0 w 0 m Q Q (n U) J o Z HEIL az � N AVE. m J m 3:: cn o WAR ER m z = AVE. a w o 0 0 SLATER o AVE. 405 TALBERT AV . PACIFIC o 9 ELLIS AVE. GAR. I ELD AVE. o � \ cf) cn cf) V) of C, �� YORKTOWN AVE. � �1� C ADAMS AVE. PROJECT LOCATION o off, ��� Y z O1 Central Park Restrooms cF INDIANAPOLIS AVE. cn Q ATLANTA AVE. Of w m Q o = J Of Y HAMILTONoz = m BANN NG OCEAN AVE. REV 4/11/19 CENTRAL PARK RESTROOMS PROJECT VICINITY MAP 'j• Ott CITY OF HUNTINGTON BEACH Iola DEPARTMENT OF PUBLIC WORKS 1 OF 1 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK RESTROOMS, CC1591 in the CITY OF HUNTINGTON BEACH MAY 9, 2019 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. Notice Inviting Sealed Bids a. The bid opening for this project is scheduled for Tuesday, May 14th at 2:00 PM in the Council Chambers. This is to acknowledge receipt and review of Addendum Number One, dated May 9,2019 Company Name By Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Z,MA,il L111 c7l lam/' s-12l/ SECTION A NOTICE INVITING SEALED BIDS for the construction of CENTRAL PARK RESTROOMS CC No. 1591 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on May 9, 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 $20.00 nonrefundable fee if picked up, or payment of a $50.00 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 at: http://www.huntingtonbeachca.gov/govemment/departments/public works/Bids/ Open website, then click on"Current Advertised Projects"tab. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A or B at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension,the unit price will govern. Project Description: The project consists primarily of the demolition of three existing restrooms in Huntington Central Park and the construction of three new Romtec modular restrooms at the existing restroom locations. Materials for the construction of the new restroom buildings will purchased from Romtec and be provided by the City. Utilities shall be temporarily capped during demolition and construction and connected to the new restrooms. To avoid high summer use, a Notice to Proceed is expected to be issued by Septemberl, 2019. Restrooms one and two may commence at that time simultaneously, however demolition of restroom three shall not commence until completion of restroom two. The contract shall allow the Contractor 90 working days to complete the contract. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 4th day of June 2018,by Resolution No. 2018-29. Attest: /s/Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH i, CITY OF HUNTINGTON BEACH tali PUBLIC WORKS DEPARTMENT 2000 Main Street P . O Box 190 Huntington Beach , CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Robin Estanislau Hate: April 18, 2019 To: City Clerk Project/C.C. No.: CC No. 1591 2000 Main Street Huntington Beach, CA 92648 Regarding: CENTRAL PARK RESTROOMS ® we are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ❑ we are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Other: Item# I Copies I Pages I Description 1 1 2 NOTICE INVITING SEALED BIDS FOR CC N0. 1591 CENTRAL PARK RESTROOMS These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your action ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2018-29 (adopted on 6/4/18), the City Council authorized the advertisement of the above listed restroom replacement project. Please find the attached Notice Inviting Sealed Bids for advertisement on 4/25/19, 5/2/19, and 5/9/19. The bid opening is scheduled for May 14, 2019 at 2:00 PM in the City Council Chambers. If you have any questions regarding the enclosed attachment, fe o contact me at gabriel.munozmorrisasurfcity-hb.orq or{714)375-8444. cc: file By: G oz- rris, ,Civil Engineering Assistant Switzer, Donna From: Switzer, Donna Sent: Friday,April 19, 2019 11:49 AM To: David Ward Subject: RE: NISB - CC No. 1591 You.Are.Awesome! Thank you David! From: David Ward<daward@scng.com> Sent: Friday,April 19, 2019 11:44 AM To:Switzer, Donna <Donna.Switzer@surfcity-hb.org> Cc: Sandra Campos (scampos@scng.com) <scampos@scng.com>; Munoz Morris, Gabriel <gabriel.munozmorris@surfcity-hb.org>; Esparza, Patty<PEsparza@surfcity-hb.org>; Estanislau, Robin <Robin.Estanislau@surfcity-hb.org>; Broussard,Todd <tbroussard@surfcity-hb.org>; Sadono, Nashya <Nashya.Sadono@surfcity-hb.org> Subject: Re: NISB-CC No. 1591 Hello Donna. Your notice is all set and ready to go. Have a great weekend. Ad#11261564 Run Dates 4/25, 5/2 & 5/9 Cost $1092 PROOF i SECTION A NOTICE INVITING SEALED BIDS for the construction of CENTRAL PARK RESTROOMS Ct No. 1591 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on May 9, k19. Bids will 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 Public`Narks 2000Main Street, Huntington Beach, CA92648, upon payment of a $20.00 nonrefundable fee it picked up, or payment of a $50.00 nonrefundable fee if sent by U PS ground deliver bidder shall pay additional costs for special delivery). Plans, Specifi- cation , n contr�CT?pcume�nts than be downloaded fre on�GEf CY w bsite at: it : Www. un in ton ear ca. ovr overnment,de ar men s/pubic worksJBids,r Open website, then click on "Current Advertised Projects"fob. 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 92646. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the 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 bans of race, color, national origin, ancestry,sex, or religion in any considera- tion leading to the award of contract. 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. The bid must be ac- companied by a certified check, cashier's check, or bidder's bond madepayable to the AGEN- CY for an amount no less than 10%of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A or B at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licens- es from the AGENCY. All extension of unit prices will be subject to verification by the AGEN- CY. In case of a variation between the unit price and the extension, the unit price will gov- ern. Project Description: The project consists primarily of the demolition of three existing restrooms in Huntington Central Park and the construction of three new Rorntec modular restrooms at the existing restroom locations. Materials for the construction of the new rest- room buildings will purchased from Romtec and be provided by the City. Utilities shall be temporarily capped during demolition and construction and connected to the new restrooms. To avoid high summer use, a Nonce to Proceed is expected to be issued by Septemberl, 2019. Restrooms one and two may commence at that time simultaneously, however demolition of restroom three shall not commence until completion of restroom two. The contract shall allow the Contractor 90working days to complete the contract. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the khday of June24lLby Resolution No.2018-29- Attest: (sr Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published: The Huntington Beach Wave April 25, 201911261564 2 David Ward Legal Advertising Rep 2190 S. Towne Centre PI. Anaheim, CA 92806 714-796-6764 daward@scnq.com PLEASE NOTE THE E-MAIL ADDRESS HAS CHANGED On Fri, Apr 19, 2019 at 8:21 AM Switzer, Donna<Donna.Switzer(ir),surfcity-hb.org>wrote: Good morning David, Please publish the attached NSIB for CC No. 1591 three times, on April 25t", May 2°d, and May 9', if at all possible. I realize that I am sending this request after the Thursday 5:00pm deadline. The notice was sent to me late yesterday afternoon while I was attending a City Council meeting and I did not see it until this morning. Thank you David. Sincerely, 0&n*.a1SwX3er Deputy City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714)3 74-1649 3 Donna.Switzeraa,surfeity-hb.org 4 CITY OF HUNTINGTON BEACH PROJECT NAME: Central Park Restrooms CC#: 1591 BID OPENING DATE: 5/14/2019 TIME & LOCATION: 2:00 PM/ Council Chambers ENGINEER'S ESTIMATE: $600,000.00 BIDS SUBMITTED (AS READ AT OPENING) BIDDER'S NAME FINAL APPARENT BID RANK AMOUNT Aid Builders, Inc. BPJ Construction, Inc. C.W. Crosser Construction California Building Evaluation & Construction Inc. UU �w, / Fast-Track Construction Corporation GEM Construction Inc. HYM Engineering, Inc. 06). L) iBuild Spectrum KASA Construction, Inc. Kazoni Inc. NR Development, Inc. Otero Construction Parsam Construction, Inc. Senitica Construction Inc. FT PTS 12062018 Version 15 CC1591 2019 MAY 14 Pjl 2: 00 Y C.L!-- CITY OF Cl= L4 2- 0 1 2 .0 0 r?.-M. os 1 AI PH City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 • (714) 536-5227 ♦ www.huntingtonbeachca.gov 17,190%.P° Office of the City Clerk Robin Estanislau, City Clerk May 15, 2019 Romtec, Inc. Attn: Travis Olson 18240 N. Bank Road Roseburg, OR 97470-8416 Dear Mr. Olson: Please find the enclosed bid that was submitted by Romtec, Inc. for the Central Park Restrooms, CC 1591 project. The bid was not received by the May 14, 2019 2:00 p.m. and therefore was not opened at the bid opening. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand ASPS �o rm� VA�A 4 I TYM V r Fed2n TUE - 14 MAY 8:00A T114 FIRST OVERNIGHT 0215 814511531151ISR 92648 - • Ex W1 APVA F I FedEx First Overnight® FID 150147 13MAY19 RBGA 553C1/D66C/0C8A _ "SEALED BID" _ for CENTRAL PARK RESTROOMS, CC1591 in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL DELIVER TO THE OFFICE OF THE CITY CLERK 2000 MAIN STREET, SECOND FLOOR W 152 Package • red Tracking Express US Arrbill TN red 8],4 5 7753 71,51 ;oNa. 0 215 1 From 4 Express Package Service •Temovmamans Packagesu forpackeyoe over FadErEvpressH Data Senders FedEx First Overnight FedEx 2Day A.M. Name Phone ❑ Earliest nett business mammgdefinerym select ❑ so ondbusinessm rill." — — locations.kideysbipments wng be debverad on Saturday Delivery NOT eveileble. Menday.Nass Saturday Delivery is selected. FedEx Priorry0vemigh4 ❑ FedEx20ay Company ❑ Nett businessmommg."rrideyshipmentssvillhe Secoadbusinass eftarnoon'Thursdayshipma -- -- - delivered on Monday unless Saturday Delivery 'd be de:Neredcn Monday unless Saturday M is selected. Delivery is seiec[ad. Cn ri Address_ Fed ExStandaroon.Overnight Fed Ex Express Saver DepVFlocr/Suhe/Aoom ❑ NeM business afternoon ❑ Third business day." -- - Saturday Degvery NOTevetable. Saturday Delivery NGT evei!abe. State ZIP 5 Packaging •Declaredvalueamn350O. city --— — -- — ❑ FedEx Envelope* ❑ FedExPak* ❑Bo� rrtl�x 2 Your Internal Billing Reference a, cCD -P 3 To 6 Special Handling and Delivery Signature Options Peeaxa{a.,: Recipients t's SaturdayDelivery 00 Name _ Phone_ _ NOTevailahle for FedEx Standard OuemiAfd.FedEx ZDey AM.,ar FedEx Express Saver. r— E nGl e No Signature Required Direct Signature ® Company n Packagemey be leftvdthout ❑ SomeoneatrecpenYs address (� —- - - ----- - - obtaining asgnature for delivery. maysignfordelrvery. ivF.OdEx caeca add ass Does this shipment contain dangerous goods? Address rr REQUIRED.NOT anallablata ._ _........___- —.-- _- -..-_ l_...FedEx First Overnight � Wecannot deMerto P.O.1,...or P.D.ZIP codes. D-wRom/Surte/Room - Yes Yes r-, D Ice Hold Saturday ❑ No ❑Yesratta.hed ❑ Shippel Deolaratio J Dry - RMPr4rnnAmss Shipoefs Dec armor.. not required UNSUCCESSFUL BIDS CC — 1591 Central Park Restrooms 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 September 25, 2019 Aid Builders, Inc. 10605 Bloomfield Street Los Alamitos, CA 90720 RE: Central Park Restrooms—CC No. 1591 Enclosed please find your original bid bond for CC-1591. Sincerely, l�G? Robin Estanislau, CIVIC City Clerk RE:tm Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of CENTRAL PARK RESTROOMS CC No. 1591 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 90 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bid Bond in the amount of which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond 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 B' der's S' ature 1 5/10/2019 C-2 SECTION C PROJECT BID SCHEDULE A CENTRAL PARK RESTROOMS CC1591 BID ITEMS Item Description Quantity Unit Unit Cost Total Cost No. (Extension) Construct ROMTEC Restroom Number 1 building as indicated on drawings and in specifications. Item includes demolition of existing restroom, utility work, site grading, foundations, concrete slab, abatement as needed, and all other items necessary to complete work. Romtec building materials to be furnished by City. Contractor to provide for secure site including space for building materials,which will become the responsibility of the contractor upon delivery. 1 LS $95,000.00 $ 95,000.00 Construct ROMTEC Restroom Number 2 building as indicated on drawings and in specifications. Item includes demolition of existing restroom, utility work, site grading, foundations, 2 concrete slab, abatement as needed, and all other items necessary to complete work. Romtec building materials to be furnished by City. Contractor to provide for secure site including space for building materials, which will become the responsibility of the contractor upon delivery. 1 LS $95,000.00 $ 95,000.00 Construct ROMTEC Restroom Number 3 building as indicated on drawings and in specifications. Item includes demolition of existing restroom, utility work, site grading, foundations, concrete slab, abatement as needed, and all other items 3 necessary to complete work. Romtec building materials to be furnished by City. Contractor to provide for secure site including space for building materials, which will become the responsibility of the contractor upon delivery. Work shall not begin until restroom 2 is open and available for use by the public. 1 LS $95,000.0 $ 95,400.00 TOTAL BID AMOUNT (BASIS OF AWARD)—SCHEDULE A $ 285,000.00 TOTAL BID AMOUNT IN WORDS: TWO HUNDRED EIGHTY FIVE THOUSAND AND 00/100 DOLLARS Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR PWC Dollar % of Item(s) Subcontractor License Registration# Amount Contract Number Karcher Environmental Inc. 1,2,3 2300 East Orangewood Ave C-21 lo0000�9ao 0 g 481416 C-22' 2,000.00 1 /o Anaheim, CA 92806 By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 5-14-19, at Los Alamitos CA Date City State Ed H Albadry , being first duly sworn, deposes and says that he or she is President of Aid Builders, Inc the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Aid Builders, Inc. Name of Bidder Sigpa'(urcVBidd 10605 Bloomfield St, Los Alamitos CA 90720 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 CENTRAL PARK RESTROOMS, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined,to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700,as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Aid Builders, Inc. Contractor Ed Albadry By President//I// Title Date: 5/14/2019 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes Cf No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Aid Builders, Inc. Contractor ZUHAlbadj�� B President Title Date: 5/14/2019 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Aid Builders, Inc Bidder Name 10605 Bloomfield St Business Address Los Alamitos CA 90720 City, State Zip ( 562 ) 296-8773 aidbuildersincAgmail.com Telephone Number Email Address 800389 Class A & B State Contractor's License No. and Class 10/19/2001 Original Date Issued 5/31/2021 Expiration Date The work site was inspected by Ed H Albadry of our office on May 13 , 2019. The following are persons, firms,and corporations having a principal interest in this proposal: Aid Builders, Inc. 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. Aid Builders, Inc. Company Name Signature of B' der Ed H Albadry Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this 14 day of May , 201 9 . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Los Angeles ) On May 14,2019 before me, Silvia J Virgen,Notary Public Month, Day, and Year Insert Name and Title of Notary personally appeared Ed H Albadry Name()of Signer(p) who proved to me on the basis of satisfactory evidence to be the person()whose name($h is/fit# subscribed to the within instrument and acknowledged to me that he/,ICE/Iffy/executed the same in his/hoftl (authorized capacityogo, and that by his/hyT/A#)*/signature(#) on the instrument the person($), or the entity upon behalf of which the person( y 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. SILVIA JANET VIRGEN _ll Notary Public-California = Los Angeles County Commission t 2203539 Signature My Comm.Expires Jul 1,2021 Sign ture of NotaYy Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert.". Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. Azusa USD 546 S Citrus Avenue, Azusa CA 91702 Name and Address of Public Agency Name and Telephone No. of Project Manager: Chuck Mustafa Harik 626-859-0011 600,000.00 Underground Utilities January 2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Underground utilities trenching excavation backfilling work 2. Arcadia USD 150 S 3rd Avenue, Arcadia CA 91006 Name and Address of Public Agency Name and Telephone No. of Project Manager: Chuck Mustafa Harik 626-859-0011 400 000.00 Underground utilities and contech drain storm Jan 2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Underground utilities,trenching, excavation, backfilling work 3. El Ranchito Unified School District, 9333 Loch Lomond Drive, Pico Rivera CA 90660 Name and Address of Public Agency Name and Telephone No. of Project Manager: Carlos Jimenez 562-801-7450 200,000.00 Irrigation Sytem August 2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Irrigation syatem, Excavation, Trenching, backfilling work C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project.Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1, Ed H Albadry Name of proposed Project Manager Telephone No. of proposed Project Manager: 626-559-4827 MOT Kitchen renovation $400.00, underground utilities contech storm drain Jan 2018 Project Name & Contract Amount Type of Work Date Completed Magee Irrigation System $300,000 Irrigation System July 2018 Project Name &Contract Amount Type of Work Date Completed Center Middle School $600,000 Underground utilities Jan 2018 Project Name & Contract Amount Type of Work Date Completed 2. Ed H Albadry Name of proposed Superintendent Telephone No. of proposed Superintendent: 626-559-4827 MOT Kitchen renovation $400.00, underground utilities contech storm drain Jan 2018 Project Name & Contract Amount Type of Work Date Completed Magee Irrigation System $300,000 Irrigation System July 2018 Project Name & Contract Amount Type of Work Date Completed Center Middle School $600,000 Underground utilities Jan 2018 Project Name & Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/P WCR/ActionServlet?action=displayP WCRegistrationForm DIR's Contractor Registration searchable database: https:Hefiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Aid Builder,§r Inc. Contractor YdH ad B i aidbuildersinc(dgmmail.com Email President Title Date: 5/14/2019 PWC Registration #: 1000049434 C-12 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK RESTROOMS, CC1591 in the CITY OF HUNTINGTON BEACH MAY 9, 2019 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. Notice Inviting Sealed Bids a. The bid opening for this project is scheduled for Tuesday, May 14th at 2:00 PM in the Council Chambers. This is to acknowledge receipt and review of Addendum Number One, dated May 0, 2019 A-, CA '2Li1WPr-N- Inc. -7 Company Name By S- VA- 1 Cl Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. U.S. Specialty Insurance Company 469�n 601 S.Figueroa St.,Suite 1600,Los Angeles,CA 90017 (310)649-0990 BOND NO. NIA ' PREMIUM N/A BID DATE: May 14, 2019 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, Aid Builders, Inc. 9 (hereinafter called Principal),as Principal, and U.S. Specialty Insurance Company , a corporation, organized and existing under the laws of the State of Texas and authorized to transact a general surety business in the State of Texas (hereinafter called Surety), as Surety,are held and firmly bound unto City of Huntington Beach i 4 (hereinafter called Obligee) in the penal sum of Ten percent ( 10 %) of amount bid not to exceed Ten percent of amount bid Dollars($ 10% ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Central Park Restrooms NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, then this obligation shall be void. If the Principal shall fail to do so, then the undersigned shall pay the obligee the damages which the obligee may suffer by reason of such failure up to and not exceeding the penal sum of the bond. SIGNED, SEALED AND DATED THIS 13th DAY OF Ma 2019 Aid gilder Inc. PRINCIPAL By: U. Specialty Insurance Company By: Cynthia J. o Att y-in- act i or�cvv��nonnnn 7 CALIFORNIA; ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California SS. County of San Bernardino On May 13, 2019 before me, Laurie B. Druck Notary Public Name and Title of officer(e g.,"Jane Doe,Notary Public") personally appeared Cynthia J. Young Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of i LAURIE B. DR C�^y the State of California that the foregoing paragraph is rotary Public• California true and correct. San Bernardino County ' Commission # 21505? WITNESS my hand and official seal. t' My Comm. Expire,.Jul Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual Top of thumb here O Corporate Officer Title O Partner -- O Limited O General O Attorney-in-Fact O Trustee O Guardian or Conservator Other: Signer is Representing: �an..tl.:.vi L.,tiL.,2TV,R.tY1i1 DEPARTMENT OF INSURANCE NQ 07984 SAN FRANCISCO Amended Certificate 'Of Authafit3.T TINTS Is TO CFF.T ")YAT,P.'rsuant to the Insurance Corte bf Me Slate of California U.S. SEecalty Znsutence Coapany of Bous ton, Texas ,organized urdcr the laws of Texas ,subject to itsAtficles oflncor-poradcn or otherfu:dcr—al 0reani atiareldocu.-r,_n[.r,ish:rrbya.wharizedtotrcnsacrivthEnfz_>Stare,=bj_ctto al?prov*rors of this Certrica:e,fre follo;ving classes of i pzrarce.- Fire, marine; Surety, Disability, Liability, Workers' Coxpensatioti;-Aircraft and Hiscelleneou-c as arch classes arz ro:i or may hereaj4er be•d frr.'ed in the/rsurcnce Im;s of[re State of Celsfornia, T11S CERTIFICATE is expressly coeditioned upon th>_hold rr hereof r-o,u and herealer being ir fell COW"licrce with aY,and nor in violation ofaq,of the opplicable laws end tarp t!teguJelr,?fits trade under atuF.ority of the lcras t f 11:e Stare of Ce[ifort id cs long as such IaV1S Dr rzguiremens are in effect and eppficable,and as such L and req-zrurattsfioW'dre,orrwyhereaferbe charged or amended! TN Y/ftNESs WHEPEOF, as of the 2 g th dZYaf. Decenb�; 2004 I have h ertsto set my hand and C, sed ry o can!seat to be ajT ed this 29th da}of Decesber 2004 ohn ja enendi r_lMr.ce,l irsiaser BY ' x�to fox gag`zodraw riQIICE D epp 1` QulfGn�aa v-[i Cte Sccett7 of Stir r=oti bF it plisjv3 6 rq'ulmd b tf�gftcresywaee of Chu Ce6n� piAulSanty.Fu ur-tc c�c 3a wtFt b:a nolah oa of Irsir3acx Code Sectica 70 tbe gc¢nda formpt mgl}ui t cttlEcat of AiCr ory pTsdarl Io t[ze crnva ,ts ra: to the rakoa tfix Fcr:ad t5p coi:di4cnc cartamed 5erem: •" �J= �das�o�o, _4 , ARINE -- - POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATTTE&SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY A an assumed name of American C1—ontrAmeri an Contractors n ty Compaddy, United a California corporatianz xas Bonding Company, ed States Surety Company, a M aryfand corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the"Companies"), do by these presents make, constitute and appoint: Jay P. Freeman, Laurie B. Druck, Cynthia J. Young, Cynthia Jean Russell or Christina,Mountz of San Bernardino,`Cafffibrnia  =- —ttsArueand_lawful_Attorne s-m-fact each in,yO their separate capacity if more than one is named above, with full power and authority s *conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ****Three Million***** Dollars (*'**$3 000,000.00****).This Power of Attorney shall expire without further action on April 23rd,2022.This Power of Attorney is granted- under-and by__authority of the following resolutions adol;W by the Boards of Directors of the Companies: Be it Res0baQ iat the President, any Vice Prestd nt any Assist Vice-President, any Secretary or any Assistant Secretary sl Ihfidlftem -vested wtt%�ower and authority to a�'ffran one or more stntable persons as Attorney(s)-in-Fact to represent and act foln"rt tr�lf QWd _- Company subject to the following provisiot Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling orAmminating the Company's liability thereunder,and any such instruments so execute_:E7 -ny such Attorney-in-Fact shall be binding upon -the Comps a3 04ned by the President and sealed and effected by the CorporateSeureta WL =fie it Resaftd he signature of any authorized officer and seal of the CompeW_ wwto�re or herea�rWxed to any power of attorney or ny= ficate re-1a ing�ffiereto by facsimile, and any power of attorney or certificate bearingEWM irnle signature=or facsimile seal shall be-valid and`bindmg= upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 15t day of June, 2018, AMERICAN NTR__A=0$S t MNITY COMPANY TEXAS BONDING OMPANY UNITED' �URET4JJP[NY USA SPEilA4�'INSURANCE COMPANY ES F \n wan State of California County of Los Angeles ='�* - ;s, =y' r; By: %s. 'aa,��lIFpRMr�.s` �,7TF OF SE•„h.Ps � +' � -t',,,,,,•"' Daniel P. Aguilar,Vice President A Nbtar icwnother officer completing this certificate verifies only the identity cnUh" vv/dual who signed ocumerrt o - which this cM-00lis attached, and not the truthfulness, accurac , or vWi '-of that document= = — On this 111 day of June, 2018, before me, Sonia O. Carrejo, a notary public -personally appeared Daniel P. Aguilar340 Rresiden o American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of which the personvacted, executed the instrument. I certify under_PENALTY OF PERJURI&nffir the laws-of the State of California that the foregoing paragraph is true and corm WITNESS my hand and official seal.. ] Hota�P bnUC.uwnla Los M9e4s County Commisslpn!2279479 Signature — (seal) My Con,.,ExpimApr 22,2m2 - Amio=10-'As t _Secretary American Contractors Indemnity Company !%x� � trig-Company, United States Sure C tan nd 7 cialty Insurance Company, do hereby certify that the above weFomg i true and correct copy of a Pov✓erc s limey;executed by said Companies,which is still in full force and effect fut3hEt rtb� a resolutions of the Boards of Directors; set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hannd,j;d affixed the seals of said Companies at Los Angeles, California this `= rye,. , gBIIRE s��V Vnsu � o Corporate Seals =_ - W- �`_•��, t�:. Bond No. - r 7 ; — Agency No. 3501 ...... *.- Kio Lo, Assi Secretary — HCCSMANPOA0612018 — II �i ���i.!, it ill Illllli I I i �II '!NII li ��Is�lill�ll�lll II�� Vtm cd��l�,l l�surety for mop-e�n�rm�tie� — - - lullulll K > . � O C p C F c W m m fL O y d O - Ol C U O N'p m« O .d.�D NCL Y C ° acid uU �'� o" oo. m�uU cLL }+ 7 a O C C : W .0 u u =U 6 Q W(If) C O 2 0 0 0 W N a Y N . . . . . . . . Y . . . . . . . . I K p c p C m E¢o d o Ol U j C O N'p Y Q N.L..3>,O 1«�L a~o.LL CRm a 0 20-cCL d as c��aoa��E £' c'2 O LL O 0� 'O U 7= aLL. Y v o _V w u u v Y v `o N'- U D O C C y U V c 0 2 U Q¢W N a c 0 S U a a W N�¢ m m CALIFORNIA 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 1 County of Up-% S Jt n 1 On mw4x ' Li 2� �G before me, 5�\VIC,t, ✓0 iA 1vOIGl✓V �l�t��;( . Date Here Insert NanYe and Title of the O icer personally appeared A 6ode Name(*of Signer,(8) who proved to me on the basis of satisfactory evidence to be the person,(arwhose names/pm-subscribed to the within instrument and acknowledged to me that he/.,s`Wt01e9 executed the same in his/J4rA+yL5-ir authorized capacity(iest and that by his/berltberr signature(g)-on the instrument the person, or the entity upon behalf of which the personko—acted, executed the instrument. I certify under PENALTY OF PERJURY under the SILVIA JANET VIRGEN- laws of the State of California that the foregoing NotaryPublic-California Z Z is true and correct. Z Los Angeles County paragraph Commission#2203539 My Comm.Expires Jul 1.2021 WITNESS my hand and official se I. Signature Pace Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer— Title(s): [I Partner— [I Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 02018 National Notary Association : g « >y> \ ° \ AID BUILDERS,INC. 2]AIS G DS) \ Sk5 Bloomfield stet ®{\/C r% » Los Alamitos c 90720 ^ § as#mmm /\ "SEALED BID FOR CENTRAL PARK REsROoMS" \ {/ "SEALED BID" for k » CENTRAL pARK RFSTROOMS,cl91 m the < © _ I REGULAR J CITY OF�Iq�o g�B- L O DELIVER TO THE OFFICE OF THE CITY cERK,2no0MAmS�EI +c �\2"D NO OPEN WITH REGULAR U$U' ^ ��\ \?t \ City of Huntington Beach 2000 Main Street ♦ Huntington Beach CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk I),1999 Robin Estanislau, City Clerk September 25, 2019 California Building Evaluation and Construction, Inc. 2115 W. Crescent Ave., Suite 236 Anaheim, CA 92801 RE: Central Park Restrooms—CC No. 1591 Enclosed please find your original bid bond for CC-1591. Sincerely, &Robi Estanislau, CMC City Clerk RE:tm Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of CENTRAL PARK RESTROOMS CC No. 1591 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 90 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 I 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 ©rth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-I If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 10% BID BOND in the amount of which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash "Certified Check", or "Bidder's Bond 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' i ature "f t 2l3 / --- C-2 SECTION C PROJECT BID SCHEDULE A CENTRAL PARK RESTROOMS CCl59l BID ITEMS Item Deseriptta s antty Unit Total Cast N(1 f�; w 3 �ltSifln} Construct ROMTEC Restroom Number 1 building as indicated on drawings and in specifications. Item includes demolition of j existing restroom, utility work, site grading,foundations, concrete slab,abatement as needed, and all other items 1 necessary to complete work. Romtec building materials to be furnished by City. Contractor to provide for secure site including space for building materials,which will become the responsibility of the contractor upon delivery. 1 LS $ $235t U U r Construct ROMTEC Restroom Number 2 building as indicated on drawings and in specifications. Item includes demolition of existing restroom, utility work, site grading,foundations, concrete slab, abatement as needed,and all other items necessary to complete work. Romtec building materials to be furnished by City. Contractor to provide for secure site including space for building materials,which will become the c Z responsibility of the contractor upon delivery. 1 LS $ $ �. ✓ r Construct ROMTEC Restroom Number 3 building as indicated on drawings and in specifications. Item includes demolition of existing restroom, utility work, site grading,foundations, concrete slab,abatement as needed, and all other items j necessary to complete work. Romtec building materials to be 3 furnished by City. Contractor to provide for secure site including space for building materials,which will become the responsibility of the contractor upon delivery.Work shall not begin until restroom 2 is open and available for use by the -7 public. 1 LS $ $ C'3O/C ?(0 �I TOTAL BID AMOUNT (BASIS OF AWARD)—SCHEDULE A $Z4710 Pa TOTAL BID AMOUNT IN WORDS: Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104.1 the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on S31d contract in an amount in excess of one-half of' one percent of the total bid or $10,000.1 whichever is greater, and the portion of the work to be done by such subcontractor. Bid Aame',:and Address of State class DIR PWC Dolz4r' -K ,7-1,11-Subcontractor. "",Lkense, - Re 66 A*'�io' untj., Cwntrae -V IBUILD SPECTRUM \ 540 N. GOLDEN CIR DR. #201 858445 C-7 1000056082 k SANTA ANA, CA t A9 it 13 is ii 13y submission of this proposal, the Bidder certifies: L That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. That the AGENCY will be furnished copies of all Subcontracts entered into and bonds furnished by subcontractor for this project. C-1 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of th01S,,',,te of California that the foregoing is true and correct and that this declaration is executed on 11atAnaheime City State Eddie Qader , be'n firstJul sw rn del�os s and says that he or she is VP/Secretary o f�a�fornia uit�ding tva'luatton rY 6ensti:ud;,,,, ,,,, 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. CALIFORNIA BUILDING EVALUATION & CONSTRUCTION INC Name of idde , i S gnature of Bidder 2115 W. CRESCENT AVE., STE. #236, ANAHEIM, CA 92801 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 CENTRAL PARK RESTROOMS, (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. CALIFORNIA BUIDING EVALUATION &CONSTRUCTION INC Contract r By EDDIE QADER VP/SECRETARY Title Date: Mho a C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided. 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. CALIFORNIA BUILDING EVALUATION & CONSTRUCTION INC; Contractor By" EDDIE QADER VP/SECRETARY Title Date: C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: CALIFORNIA BUILDING EVALUATION &CONSTRUCTION INC Bidder Name 2115 W. CRESCENT AVE., STE. #236 Business Address ANAHEIM CA 92801 City, State Zip j14 609-7625 calbuilding@gmail.com Telephone Number Email Address 785685 CLASS: A,B State Contractor's License No. and Class 10/11/2000 Original Date Issued 10/31/2020 Expiration Date The work site was inspected by EDDIE QADER of our office on b , 201T. The following are persons, firms, and corporations having a principal interest in this proposal: CALIFORNIA BUILDING EVALUATION & CONSTRUCTION INC Elisa Gutierrez, President/Treasurer Eddie Qader, VP/Secretary The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. CALIFORNIA BUILDINVIEVALUATION &CONSTRUCTION INC. Compa a e Signature of B dder EDDIE QADER Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this I4-day of JM&A 20101 . 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. 1 State of C,(�{�-e►rt4 ) County of ) AA On 51 1L( 2A I 9 before me, ✓GcJL 9' %j`10 Month, Day, and Year Insert Name and Title of Notary personally appeared adz ' Q C xe ,✓ Name(s) of Signer(s) 1 . who proved to me on the basis of satisfactory evidence to be the person( whose name( is/Afr subscribed to the within instrument and acknowledged to me that he/skeA+My executed the same in his/her/tlye'fr authorized capacity(ios), and that by hisAwr t4itir signature(w}on the instrument the person(.4, or the entity upon behalf of which the persori-9) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary l T.PARKERblic- JCalifornia '.... Los Angeles County Commissions F My Comm.Expires Febeb 20,2 02 1 Signature Sign re f Notary Public (PLACE NOTARY SEAL ABOVE) G9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of at least one project involving the installation/construction of a "ROMTEC" modular construction building. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: I CITY OF HUNTINGTON BEACH, HUNTINGTON BEACH, CA Name and Address of Public Agency Name and Telephone No. of Project Manager: MR.JOE FUENTES 714)536-5269 $1,825,000 PUMPING STATION/SITE IPROVEMENT 4/2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Peck Reservoir Pumping Station electrical upgrade, new related water wells building &site improvement CRSCENTA VALLEY WATER DISTRICT, GLENDALE, CA Name and Address of Public Agency Name and Telephone No. of Project Manager: �MR. DAVID GOULD 814)248-3925 $1,488,306 PUMPING STATION & SITE IMPROVEMENT 7/2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: new pumping station, site improvement, sewer,gas&water lines restrooms, etc .3. CITY OF ENCINITAS, ENCINITAS,CA Name and Address of Public Agency Name and Telephone No. of Project Manager: MR.MIKE MALONE 760)212-8700 $1,346,304 SEWER&WATER LINES & SITE IMPROVEMENT 1012015 Contract Amount 'Type of Work Date Completed Provide additional project description to show similar work: Complete site improvement,water lines, sewer lines, public bathrooms upgrade, etc OTHER PROJECTS FOR MODULAR BUILDINGS AVAILABE UPON REQUEST C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1 EDDIE QADER Name of proposed Project Manager Telephone No. of proposed Project Manager: 714) 609-7625 1 c Project Name & Contract Amount Type of Work to Completed Project Name &Contract Amount Type of Work Date Completed Project Name& Contract Amount Type of Work Date Completed 2. L-'Vyl g- n-zw� Name of proposed Superintendent Telephone No. of proposed Superintendent: e �d Z'c Y- /7 i S/p/ Project Name & Contract Amount Type of Work ate Completed Project Name&Contract Amount Type of Work Date Completed Project Name &Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/Public W orks/SB 854FactSheet-6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efi ling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https:Hefiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." 1 furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. CALIFORNIA BUILDING EVALUATION &CONSTRUCTION INC Contracto i By EDDIE QAER calbuilding@gmail.com Filial VP/SECRETARY Date: ,,/ Title ��/ �� PWC Registration #: 1000005490 C-12 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK RESTROOMS, CC1591 in the CITY OF HUNTINGTON BEACH MAY 9, 2019 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. Notice Inviting Sealed Bids a. The bid opening for this project is scheduled for Tuesday, May 141h at 2:00 PM in the Council Chambers. This is to acknowledge receipt and review of Addendum Number One, dated Maji,2 19 Company ame y i ' 2.4 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Bid Bond Bid Bond Number:CSBA-10672 CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place of business) California Building Evaluation and Construction,Inc. Old Republic Surety Company 2115 W.Crescent Avenue,Suite 236 14728 Pipeline Ave.,Suite E Anaheim,CA 92801 Chino,CA 91709 OWNER: This document has important legal (Name,legal status and address) consequences.Consultation with City of Huntington Beach An attorney is encouraged with respect 2000 Main Street its completion or modification. Huntington Beach,CA 92648 Any singular reference to Contractor,Surety,Owner or other party shall be considered Plural where applicable. BOND AMOUNT: Ten Percent(10%) of Amount Bid PROJECT:Central Park Restrooms,CC No. 1591 Project Number,if any: The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 31d day of May.2019 a California Buildirm Evalu2ijon and ction Inc. rw,, (Principal) (Seal) (Fztness) (Title)Eddie Qader,Vice President Old Republic Surety Company (Sure tJ) (Seal) `N CS�u�n (Fitness) Melissa Ann Vaccaro rt e)Arturo Ayala,Att -m-Fact By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.o ) makes this form document available to its members,affiliates,and associates in Microsoft Word format for use in the regular course of surety business.NASBP vouches that t the original text of this document conforms exactly to the text in AIA Document A310-2010, Bid Bond. S Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 5/3/2019 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) _personally appeared Arturo Ayala 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. E MELISSA ANN VACCARO i.. COMM.#2241394 T, -< Notary Public-California 'S? ORANGE COUNTY a ^ " My Comm.Expires May 12,2022 g \ � (Seal ) ) Melissa Ann Vaccaro * OLD REPUBLIC: SURETY C:ONIPANY Bond No. csBA-10672 POWER OF ATTORNEY" KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute and appoint: DANIELK.HLICKABAY,ARTUROAYALA,SHAUNNA ROZELLE;OSTROM,FRANK,MORONES,OF ORANGE,CA its true and lawful Attorney(s)-in-Fact,with full power and authority,not exceeding$50,000,000,for and on behalf of the company as surety,to execute and deliver and affix the seal of the company thereto(if a seal is required),bonds,undertakings,recognizances or other written obligations in the nature thereof, (other than bail .bonds,bank depository bonds,mortgage deficiency bonds,mortgage guaranty.bonds,guarantees of installment paper and note guaranty bonds,self-insurance workers compensation bonds guaranteeing payment of benefits,asbestos abatement contract bonds,waste management bonds,hazardous waste remediation bonds,or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED TWENTY MILLION DOLLARS($20,000,000)----- ------------------FOR ANY SINGLE OBLIGATION and to bind:OLD REPUBLIC SURETY COMPANY thereby,and all of the acts of said Attorneys-in-Fact,pursuant to these presents,are ratified and confirmed. This document is notualid unless printedon colored background and is multi=colored. This appointment is made under and by,authority of the board of directors at:a special meeting;held on February 18,1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that,the president,any vice-president,or assistant vice president,in conjunction with the secretary or any assistant secretary,may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment it each case,for and on behalf of the company to execute and deliver and affix the seal of the company to bonds,undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon thc Company (i)when signed by the president;'any vice president or assistant vice president,and attested`and sealed(if a seal be required)by any secretary or assistant secretary;or:. (ii)when signed by the president any vice president or assistant vice president,secretary or assistant secretary,,and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or agent;or (iii)when duly executed and sealed(if a seal be required)by one or more attorneys-in-factor agents,pursuantto and within the limits of the authority,.. evidenced by the Power of Attomey issued by the company to such person or persons. RESOLVED FURTHER,that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,OLD REPUBLIC':SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this 14TH day of JANUARY,2019_ OLD REPUBLIC SURETY COMPANY ;ew��su,aFr'e. ke _ t �.: SEAL STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS *„ . President On this 14TH day of JAIVIJARY„2019 personally came before me, Alan Pavlie and Jane E Chempy tome known to be the individuals and officers of-the OLD REPUBLIC SURETY COMPANY who executed the above instrument,and they,each acknowledged the execution'of the same,and being by me duly sworn,did severally depose and say; that they are the said officers ofthe corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to:the said instrument by the authority of the board of directors of said corporation. {0 P + �QT Arp''- i L� i „ L AlotaryPublie; oja' My commission expires: 9/28/2022 CERTIFICATE (Expiration of notary commission does not invalidate this instrument) I,the undersigned assistant secretary of the OLD REPUBLIC SURETY COMPANY,a Wisconsin corporation,CERTIFY.that the foregoing and attached Power ofAttomeyzemains in full force and hasliot been revoked;and furthermore,that the Resolutions of the board of directors set forth in the Power'of Attomey,are now in force. 74-7242 4'} fugfr"c; ; 3rd May 19Si Signed.and sealed at the Cit of Brookfield,WI.this day of . _ . } SE�'►L 2*CSBA11, t2 22 E(I w s City of Huntington Beach ,. 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk »;1999 Robin Estanislau, City Clerk September 25, 2019 HYM Engineering, Inc. 6380 Roland St. Buena Park, CA 90621 RE: Central Park Restrooms—CC No. 1591 Enclosed please find your original bid bond for CC-1591. Sincerely, 7� Robin Estanislau, CIVIC City Clerk RE:tm Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of CENTRAL PARK RESTROOMS CC No. 1591 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 90 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidder's Bond 10% in the amount of which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 1 5/9/2019 C-z SECTION C PROJECT BID SCHEDULE A CENTRAL PARK RESTROOMS CC 1591 BID ITEMS Item Description Quantity Unit Unit Cost Total Cost No. (Extension) Construct ROMTEC Restroom Number 1 building as indicated on drawings and in specifications. Item includes demolition of existing restroom, utility work, site grading, foundations, concrete slab, abatement as needed, and all other items necessary to complete work. Romtec building materials to be furnished by City. Contractor to provide for secure site including space for building materials, which will become the 216,000 216,000 responsibility of the contractor upon delivery. 1 LS $ $ Construct ROMTEC Restroom Number 2 building as indicated on drawings and in specifications. Item includes demolition of existing restroom, utility work, site grading, foundations, 2 concrete slab, abatement as needed, and all other items necessary to complete work. Romtec building materials to be furnished by City. Contractor to provide for secure site including space for building materials, which will become the 216 000 216,000 responsibility of the contractor upon delivery. 1 LS $ $ Construct ROMTEC Restroom Number 3 building as indicated on drawings and in specifications. Item includes demolition of existing restroom, utility work, site grading, foundations, concrete slab, abatement as needed, and all other items 3 necessary to complete work. Romtec building materials to be furnished by City. Contractor to provide for secure site including space for building materials, which will become the responsibility of the contractor upon delivery. Work shall not begin until restroom 2 is open and available for use by the 216,000 216,000 public. 1 LS $ TOTAL BID AMOUNT (BASIS OF AWARD) — SCHEDULE A $ 648,000 TOTAL BID AMOUNT IN WORDS: Six hundred Forty Eight Thousand Dollars Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR PWC Dollar % of Item(s) Subcontractor License Registration# Amount Contract Number Sunset Electric and Lighting Electric POBox 876 898559 C10 1000059743 $25,000 4.5% Mor an Hill CA 95038 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 5/14/1 9 at Buena Park ,CA Date City State Abraham Jaewoo Jeon , being first duly sworn, deposes and says that he or she is President of HYM Engineering, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. HYM Engineering, Inc. Name of Bidder Signature of Bidder 6380 Roland St. Buena Park, CA 90621 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 CENTRAL PARK RESTROOMS, (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. HYM Engineering, Inc. Contractor By President Title Date: 5/14/2019 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes W No If the answer is yes, explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. HYM Engineering, Inc. Contractor By President Title Date: 5/14/2019 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: HYM Engineering, Inc. Bidder Name 6380 Roland St. Business Address Buena Park CA 90621 City, State Zip (714 ) 523-2372 ajeon@hymengineering.com Tel hone Number Email Address 918130 A, B State Contractor's License No. and Class 6/24/2008 Original Date Issued 1/31/2021 Expiration Date The work site was inspected by Abraham Jeon of our office on 5/10 52019. The following are persons, firms, and corporations having a principal interest in this proposal: Abraham Jeon President, Secretary, Treasury 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. HYM Engineering, Inc. Company Name Signature of Bidder Abraham Jeon Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this 14 day of May , 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 California ) County of Orange ) On 05/14/2019 before me, Hison Kim, a Notary Public Month, Day, and Year Insert Name and Title of Notary personally appeared Abraham J. Jeon Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(t) whose name(,K)Q'are subscribed to the within instrument and acknowledged to me thateshe/they executed the same in is er/their authorized capacity(ko, and that by(&ier/their signaturev) on the instrument the person((), or the entity upon behalf of which the persono) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. HISON KIM WITNESS my hand and official seal. Commission#2119922 Z!go Notary Public-California Z Orange County My Comm.Expires Jul 18,2019 Signature Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of at least one project involving the installation/construction of a "ROMTEC" modular construction building. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1 Edison ROW Parking Lot Improvement, 6650 Beach Blvd. Buena Park, CA 90621 Name and Address of Public Agency Name and Telephone No. of Project Manager: Wood Nousome, 714-562-3500 $ 1,259,825.44 Improvement of Lots Feb. 2017 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Mass Grading, Site Concrete, Asphalt paving, Landscaping, Electric work 2. South Street Sidewalk Gap Closure, 200 S. Anaheim Blvd, Anaheim, CA Name and Address of Public Agency Name and Telephone No. of Project Manager: Patrick Kelly, 714-765-5100 $ 456,089.32 Street Improvement Sep. 2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Grading, Site Concrete, Asphalt paving, Landscaping, Electric, Underground Utility 3. Morning Canyon Road Rehabilitation Project, 21810 Copley Dr. Diamond Bar, CA Name and Address of Public Agency Name and Telephone No. of Project Manager: Kimberly Young, 909-839-7044 $418,045.15 Street Improvement Sep. 2017 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Remove and replace existing sidewalk, curb and gutter, grind asphalt and repaving the street landscapmng C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project,Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. l Darius Lee Name of proposed Project Manager Telephone No. of proposed Project Manager: 56-881-9925 Los Cerritos Mall $20.6 Mil Improvement including concrete, landscaping Jan. 2017 Project Name & Contract Amount Type of Work Date Completed Tilt up warehouse $ 18 Mil Concrete tilt up, site concrete Nov. 2015 Project Name & Contract Amount Type of Work Date Completed AMI watermeter replace $412,000 Replace watermeter Jan. 2019 Project Name & Contract Amount Type of Work Date Completed 2. Ramiro Gonzales Name of proposed Superintendent Telephone No. of proposed Superintendent: 714-675-5059 South Street Gap Closure $456,089 Street improvement Sep. 2018 Project Name & Contract Amount Type of Work Date Completed GMI Parsonage $524,000 Site concrete, landscaping, street improvement Dec. 2018 Project Name & Contract Amount Type of Work Date Completed Baldwin park median renovation $1.9 Mil Median landscaping improvement Jun. 2017 Project Name & Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. HYM Engineering, Inc. Contractor By ajeon@hymengineering.com Email President Title Date: 5/14/2019 PWC Registration #: 1000008232 C-12 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK RESTROOMS, CC1591 in the CITY OF HUNTINGTON BEACH MAY 9, 2019 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. Notice Inviting Sealed Bids a. The bid opening for this project is scheduled for Tuesday, May 141h at 2:00 PM in the Council Chambers. This is to acknowledge receipt and review of Addendum Number One, dated May 9, 2019 HW Company Name By Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Bid Bond Bid Bond Number: CSBA-10774 CONTRACTOR: SURETY: (Name, legal status and address) (Name,legal status and principal place of business) Hym Engineering,Inc. American Contractors Indemnity Company 6380 Roland St 625 The City Drive So.,Ste.205 Buena Park,CA 90621 Orange,CA 92868 OWNER: This document has important legal (Name,legal status and address) consequences. Consultation with City of Huntington Beach An attorney is encouraged with respect 2000 Main Street its completion or modification. Huntington Beach,CA 92648 Any singular reference to Contractor,Surety,Owner or other party shall be considered Plural where applicable. BOND AMOUNT: Ten Percent(10%) of Amount Bid PROJECT: Central Park Restrooms,CC No. 1591 Project Number,if any: The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 13th day of May.2019 Hym Engineering,Inc. (Principal) (Seal) (Witness) ...�� (Title) f t��a t- American Contractors Indemnity Company (Surety) (Seal) itne s) dria �L n enkert-Langrell (Title)Frank Morones,Attorney-in-Fact By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.or ) makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business.NASBP vouches that t the original text of this document conforms exactly to the text in AIA Document A310-2010, Bid Bond. Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange 1 On 05/13/2019 before me, Adrian Benkert-Langrell Notary Public (Insert name and title of the officer) personally appeared Frank Morones 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. ADRIAN BENKERT-LANGRELL COMM.#2214263 N °? Notary Public-California ORANGE COUNTY a Signature (Seal) My Comm.Expires Sep 15,2021 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively,the"Companies"), do by these presents make, constitute and appoint: Daniel Huckabay,Arturo Ayala,Dwight Reilly,Shaunna Rozelle Ostrom or Frank Morones of Orange,California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *******Twenty Million ******** Dollars ($ *20,000,000.00* ). This Power of Attorney shall expire without further action on November 3,2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President,any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder,and an)'such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 1 st day of November,2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY ��5� Np C70 SU IN IDsur, iatt Cl C+ _3'r :NCDRMRATED :::;__ -O. 'Iql 3- =U 2_ N BY- • ~ y. -� SEPT ' " Daniel P.Aguilar,Vice Presi ent- F notary public or other officer completing this certificate verifies only the identity of the individual who signed the cument to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles SS: On this 1 st day of November,2016, before me,Sabina Morgenstein,a notary public, personally appeared Daniel P.Aguilar,Vice President of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S.Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. a. SABINA MORGENSTEIN Commission # 2129255 Signature (Seal) Notary Public-California Los Angeles County .. My Comm.Expires Nov 3,2019 I,Kio Lo,Assistant Secretary of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S. Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthennore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 13th day of May 2019 . Corporate Seals G. ...... o.. b'''. a Lao �•``0:�" .,•.�,,, ^, �;;. .. , `.;. .o -U' INCCRPDRATED :�- `O: •' O" -�' SEPI'T9,1990 :�� =W'/' ,"D� Y a_ Kio Lo,Assistant Secretary Bond No.>nd No.CSBA-107' =w' a, :�'.. :Y= = e< ,tea.. s Agency No. 8472 ,t�.......,. 5 rr 4UcORN\P"` ...* °gninuu,;na n. nun..... a nwn�o'"" m un'oo••\• ACKNOWLEDGMENT A notary public or other officer completing this . certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On before me, Hison Kim, a Notary Public (insert name and title of the officer) personally appeared Abraham J. Jeon who proved to me on the basis of satisfactory evidence to be the person(2�) whose name( 1 are subscribed to the within instrument and acknowledged to me thatashe/they executed the same in hi her/their authorized capacity(ie�, and that by (g)her/their signature(s) on the instrument the person(g), or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. HISON K7 Commission#2119922 r Z -d Notary Public-California z Z Orange County M Comm.Ex Tres Jul 18,2019 Signature /�--—mil ` (Seal) HYM Engineering,Inc. { 6380 Roland St. P+� Buena Park,CA 90621 g�a9 .�J4 �t t 'aR �a +4 K A k City of Huntington Beach z _ 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk /7,1909 Robin Estanislau, City Clerk September 25, 2019 Kazoni Construction 150 Paularino Ave., Ste. D160 Costa Mesa, CA 92626 RE: Central Park Restrooms— CC No. 1591 Enclosed please find your original bid bond for CC-1591. Sincerely,- 4 � 7r6��2ZJ1,l��Gt / Robin Estanislau, CIVIC City Clerk RE:tm Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of CENTRAL PARK RESTROOMS CC No. 1591 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 90 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidder's Bond for 10% in the amount of which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 1 05/09/2019 zt C-z City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK RESTROOMS, CC1591 in the CITY OF HUNTINGTON BEACH MAY 9, 2019 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. Notice Inviting Sealed Bids a. The bid opening for this project is scheduled for Tuesday, May 141h at 2:00 PM in the Council Chambers. This is to acknowledge receipt and review of Addendum Number One, dated May 9, 2019 47-Ni WC DBA I AWN 1 (00S ,UCT)a) L in3J kt Company Name By 5 / Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. SECTION C PROJECT BID SCHEDULE A CENTRAL PARK RESTROOMS CC1591 BID ITEMS Item Description Quantity Unit Unit Cost Total Cost No. (Extension) Construct ROMTEC Restroom Number 1 building as indicated on drawings and in specifications. Item includes demolition of existing restroom,utility work,site grading,foundations, concrete slab,abatement as needed,and all other items necessary to complete work.Romtec building materials to be furnished by City.Contractor to provide for secure site including space for building materials,which will become the 399,952 399,952.00 responsibility of the contractor upon delivery. 1 LS $ $ Construct ROMTEC Restroom Number 2 building as indicated on drawings and in specifications. Item includes demolition of existing restroom,utility work,site grading,foundations, 2 concrete slab,abatement as needed,and all other items necessary to complete work.Romtec building materials to be furnished by City.Contractor to provide for secure site including space for building materials,which will become the 399,952 399,952.00 responsibility of the contractor upon delivery. 1 LS $ Construct ROMTEC Restroom Number 3 building as indicated on drawings and in specifications. Item includes demolition of existing restroom,utility work,site grading,foundations, concrete slab,abatement as needed,and all other items 3 necessary to complete work.Romtec building materials to be furnished by City.Contractor to provide for secure site including space for building materials,which will become the responsibility of the contractor upon delivery.Work shall not begin until restroom 2 is open and available for use by the 392,952 399,952.00 public. 1 Ls 5 $ TOTAL BID AMOUNT (BASIS OF AWARD) —SCHEDULE A $ 1,199,856.00 TOTAL BID AMOUNT IN WORDS: One million one hundred ninety nine thousand eight hundred fifty six dollars Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR PWC Dollar % of Item(s) Subcontractor License Registration# Amount Contract Number --E-REFu-si'v Energy 102 East Grand Blvd. 1002942 1000055081 55,050 �r ° Electrical Corona,CA 92879 US Tactical emo P.O.Box 60612 1041883 1000063647 39,750 4 °o Demolition Pasadena,CA 91106 J.G.Concrete, Inc. Concrete 580 Arrow Hwy, Unit A 1000020686 76,500 6 San Dimas, CA 91773 699433 ° JA Lynch Masonry Mason 7102 Thomas Street 284159 Masonry Buena Park,CA 90621 1000000637 235,350 2 O o Suttles Plumbing Plumbing 2267 Agate Ct., 268688 1000013842 172,000 Simi Valley,CA 93065 15% By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 5/9/19 , at Costa Mesa CA Date City State April Kulpinski , being first duly sworn, deposes and says that he or she is President of Kazoni Inc dba Kazoni Construction 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. Kazoni Inc dba Kazoni Construcion Name of Bidd Signature of Bidder 150 Paularino Ave. Suite D160,Costa Mesa,CA 92626 Address of Bidder C4 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 CENTRAL PARK RESTROOMS, (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. Kazoni Inc dba Kazoni Construction Contractor April Kulpinski By President Title Date: May 9,2019 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? �� ❑ Yes C`�No If the answer is yes, explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Kazoni Inc dba Kazoni Construction Contractor April Kulpinski By President Title Date: May 9,2019 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Kazoni Inc dba Kazoni Construction Bidder Name 150 Paularino Ave. Suite D 160 Business Address Costa Mesa, CA 92626 City, State Zip 714 ) 882-1088 april@kazoni-inc.com Telephone Number Email Address 974982 Class B State Contractor's License No. and Class 07/31/2012 Original Date Issued 07/31/2020 Expiration Date The work site was inspected by There was not a of our office on , 201_. scheduled job walk The following are persons, firms, and corporations having a principal interest in this proposal: April kulpinski Keith Kulpinski 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. Kazoni Inc dba Kazoni Construction Company N e Signature f Bidder April Kulpinski Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this q day of , 2011. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of 64 l 1,F0"ru,' ) County of Lang t ) On Ma-1 , 14-4, 20ll before me, I Adlater Pvb r,'C Month,Day, and Year Insert Name and Title of Notary personally appeared �Pr`( (>? (Ikns�i 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the ..r...... �..............»..... foregoing paragraph is true and correct. NE AL R. HALL Co"wwasion No. 2271290 WITNESS my hand and official seal. : NOTARYPUSLiC-CALWOMM ORANGE COWRY my Comm E*ww DECOAKR Signature Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of at least one project involving the installation/construction of a "ROMTEC" modular construction building. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1 **We do not have experience with ROMTEC but are a preferred builder for RIGID Global Buildings Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager,and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. Keith Kulpinski 1. Name of proposed Project Manager Telephone No. of proposed Project Manager: (714)882-1088 Truck wash Port of LA New construction 1998 Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed 2. Jonathon Chasse Naive of proposed Superintendent Telephone No.of proposed Superintendent: (71 a)882-1088 Jonathon has not completed a similar project in the last five years Project Name&Contract Amount Type of Worj< Date Completed Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublieWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link—Call(844) 522-6734 https:Hefiling.dir.ca.gov/P WCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https:Hefiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on,be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the 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. Kazoni Inc dba Kazoni Construction Contractor April Kulpinski By april@kazoni-inc.com Email President Title Date: May 8,2019 PWC Registration#: 10000022 C-12 THE AMERICAN INSTITUTE OF ARCHITECTS �� 11 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS,that we Kazoni, Inc. dba Kazoni Construction Principal, hereinafter called the Principal, and Indemnity Company of California a corporation duly organized under the laws of the State of California as Surety, hereinafter called the Surety, are held and firmly bound unto The City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of ten percent of bid amount(10%) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Huntington Beach Central Park Restrooms, CC No. 1591 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th day of April 2019 Kazoni, Inc. dbQKazoni Construction (Principal) (Witness) 11 (Title) Indemnity Company of California (Surety l}� See attached notary ---- (Witness) Michael R,Strahan, Attorney-In-FaC. (Tits m> AIA DOCUMENT A310-BID BOND•AIIA a•FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 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: ***Michael R. Strahan, Brian Guzman,jointly or severally*** as their true and lawful Attomey(s}in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorneys)-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 heir respective Secretary or Assistant Secretary this 4th day of October,2018. f' �...............• By: Q `�0 ANO ...... ��': Gq PANYQc Daniel Young,Senior Vice-President ?��:\af�O'ei%;i 1936 = ? OCT 5 o a a• o By. Mark Lansdon,Vice-President g�'��7�. '=as � tFo 2 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) 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 6Ay LUCILLE RAYMOND which the person(s)acted,executed the instrument. Notary Public-California Orange County I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Commission r 2258185 true and correct. Comm.Expires Oct 13,2022 WITNESS my hand and official seal. Place Notary Seal Above Signature Lucilld Ray ond,Notary Public CERTIFICATE lr' 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 30th day of April 2019 t AND/y'•.,,, ID O. ���J QRPOkt;�Eyy �'`p?6pori, CN By: � `W` \1936 ` _ 'r OCT.S Q n r967 Cassie J. misford,Assistant Se tary o 'o 0 2 �' q <rF0 ,, ,,o•... •�� ATS-1002(10/18) •''•,,,,�*,,,..�`���, ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of an Diego On April 30th, 2019 before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared Michael R. Strahan , who proved to me on the basis of satisfactory evidence to be the personX whose nameoristAre subscribed to the within instrument and aeknowled ed to me tha Tie he/they executed the same in i , er/their authorized capacitysy };and that b .hi er/their signaturebn the instrument the person(rs�'or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official eal, OS-- My E,B.STRAHAN Notary Public-CalifornSan Diego County Commission#2244484 Signature (Seal) Comm.Expires Jun 25,2022 4 150 Paularino Ave Suite D160 Costa Mesa,CA 92626 r E CSLB#k 974982 "SEALED BID" 35 ,.y ".JxiY pfflz Forgo CENTRAL PARK RESTROOMS, CC1591 ANSI In the F CITY OF HUNTINGTON BEACH w d d DO NOT OPEN WITH REGULAR MAIL E "Deliver to the Office of the City Clerk, 2000 Main Street, Second Floor Bid Due: Mato,244 at 2pm M4V 14,2oig G 2Prn