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Corral Construction and Development, Inc. - 2019-07-15
Batch 5894976 Confirmation Page 1 of 1 Recorded in Official Records,Orange County Hugh Nguyen,Clerk-Recorder II I II III �� II III I II II II PLEASE COMPLETE THIS IN NO FEEFORMATION * $ R 0 0 1 1 4 7 8 9 0 0 $ + RECORDING REQUESTED BY: 2020000060053 8:49 am 02113/20 90 SC5 NI 1 CITY OF HUNTINGTON BEACH 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 PUBLIC WORKS DEPARTMENT WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Attn:Jerry Thompson 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 CORRAL CONSTRUCTION AND DEVELOPMENT,INC.,who was the company thereon for doing the following work to-wit: Central Library Restroom Access Compliance,MSC-528 That said work was completed 01/08/2020 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 02/05/2020,per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract U.S.SPECIALTY INSURANCE COMPANY was surety for the bond given by the said company as required 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. aCl��lZn z� Dir for is Works or City Engineer Da—6 City of Huntington Beach,California STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach ) I,the undersigned,say:I am an Agent of the City of Huntington Beach,owner in fee,in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof;the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. This document is solely the official business of v?ll2/2L2(l the City of Huntington Beach,as contemplated Otretor of c WWs or City Engineer Date under Government code section 27383 and City of Huntington Beach,California should be recorded free of charge. THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) https:Hgs.secure-recording.com/Batch/Confirmation/5894976 2/13/2020 CDBG FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Corral Construction&Development Inc. FOR MSC-528 Central Library Restroom Access Compliance THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Corral Construction &Development Inc. a California Corporation , hereinafter referred to as "CONTRACTOR." WHEREAS, the Federal Department of Housing and Urban Development is providing partial funding for this Contract to CITY through a Community Development Block Grant; WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as MSC-528 Central Library Restroom Access Compliance 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. SF:16-5215-142605.doc/rev 12/2016 1 CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; SF:16-5215-142605.doc/rev 12/2016 2 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 Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; 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 Addenda applicable to the Project; E. All bid documents, including the Notice Inviting Bids, the Special Instructions to Bidders, CONTRACTOR's proposal, (attached as Exhibit "A"), "Form HUD-4010," the Federal Labor Standards Provision of the United States (attached as Exhibit "B"), and "Standard Federal Equal Employment Opportunity Construction Contract Specifications," as established by Federal Executive Order 11246 (attached as Exhibit "C"). 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 SF:16-5215-142605.doc/rev 12/2016 3 in both. In case of a discrepancy between any Plans, Specifications, Special provisions,or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed One Hundred Forty-one Thousand Nine Hundred Ninety-nine Dollars ($ 141,999.00 ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10)working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within Sixty (_AO_) 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 SF:16-5215-142605.doc/rev 12/2016 4 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, 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 SF:16-5215-142605.doe/rev 12/2016 5 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 Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: 1. A bond in the amount of one hundred percent (100%) of the Agreement price to guarantee CONTRACTOR's faithful performance of the work; and 2. A bond in the amount of one hundred percent of the Agreement 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 Agreement 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. SF:16-5215-142605.doc/rev 12/2016 6 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($ 500.00 ) per each calendar day's delay in completing the work in excess of the number of working/calendar days SF:16-5215-142605.doc/rev 12/2016 7 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. For projects on the National Highway System (NHS), the local formula for liquidated damages will be provided. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the SF:16-5215-142605.doe/rev 12/2016 8 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 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 CONTRACTOR for any of the following: (a) A time extension; (b) Payment of money or damages arising from work done by, or on behalf of, 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 SF:16-5215-142605.doc/rev 12/2016 9 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 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 CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen (15) days after receipt of the additional information or within a period of time no greater than the time 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. SF:16-5215-142605.doe/rev 12/2016 10 E. If CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, 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 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, 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 time CONTRACTOR submits his or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement 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 SF:16-5215-142605.doc/rev 12/2016 11 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 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 (30) 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 SF:16-5215-142605.doc/rev 12/2016 12 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, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. SF:16-5215-142605.doc/rev 12/2016 13 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of 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. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured SF:16-5215-142605.doc/rev 12/2016 14 against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be SF:16-5215-142605.doc/rev 12/2016 15 applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however, an insurance policy "deductible" of$5,000.00 is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 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. SF:16-5215-142605.doc/rev 12/2016 16 The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment.hereunder. 22. 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. CALIFORNIA PREVAILING WAGE LAW AND FEDERAL DAVIS- BACON ACT. 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 SF:16-5215-142605.doc/rev 12/2016 17 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. C. This Agreement also is subject to the Federal Davis-Bacon Act. The minimum rate of wages for each craft or type of worker needed to execute the PROJECT shall be those as determined by the United States Secretary of Labor. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, CONTRACTOR and subcontractors shall pay not less than the higher wage rate. 24. 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 SF:16-5215-142605.doc/rev 12/2016 18 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 (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 25. 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. 26. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 27. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, CONTRACTOR agrees as follows: A. CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. CONTRACTOR will take affirmative action to ensure that applicants are SF:16-5215-142605.doc/rev 12/2016 19 employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. B. CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. C. CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with CONTRACTOR's legal duty to furnish information. SF:16-5215-142605.doc/rev 12/2016 20 D. CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of CONTRACTOR's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the United States Secretary of Labor. A copy of Executive Order 11246, as amended, is attached as Exhibit C. F. CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G. In the event of CONTRACTOR's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. SF:16-5215-142605.doe/rev 12/2016 21 H. CONTRACTOR will include the provisions of sub-paragraphs A through G in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each sub-contractor or vendor. CONTRACTOR will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-contractor or vendor as a result of such direction, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. 28. RECORD RETENTION Financial records, supporting documents, statistical records, and all other CONTRACTOR records pertinent shall be retained for a period of three years from the date of the City filing the Notice of Completion of the PROJECT. The only exceptions are the following: A. If any litigation, claim, or audit is started before the expiration of the 3- year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. B. When the non-Federal entity is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. C. Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. SF:16-5215-142605.doc/rev 12/2016 22 D. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 3-year retention requirement is not applicable to the non- Federal entity. E. Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. F. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). (1) If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the Federal government (or to the pass- through entity) to form the basis for negotiation of the rate, then the 3-year retention period for its supporting records starts from the date of such submission. (2) If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the Federal government (or to the pass- through entity) for negotiation purposes, then the 3-year retention period for the proposal, plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. SF:16-5215-142605.doc/rev 12/2016 23 29. NOTICE OF THIRD-PARTY CLAIM Pursuant to Public Contracts Code Section 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. 30. 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. 31. 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 SF:16-5215-142605.doc/rev 12/2016 24 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, CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 32. 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. 33. 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. 34. 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. SF:16-5215-142605.doc/rev 12/2016 25 35. 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. 36. 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, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: TO CONTRACTOR: City of Huntington Beach Corral Construction & Development Inc. ATTN: Jerry Thompson , Public Works ATTN: Renee Soto 2000 Main Street 5211 E.Washington Blvd.,#2-122 Huntington Beach, CA 92648 Commerce, CA 90040 SF:16-5215-142605.doc/rev 12/2016 26 37. 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. 38. 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 the Immigration Reform and Control Act of 1978 (8 USC Section 1324a) regarding employment verification. 39. 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. 40. 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 SF:16-5215-142605.doc/rev 12/2016 27 bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 41. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to, be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 42. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 43. 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 SF:16-5215-142605.doe/rev 12/2016 28 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. 44. 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. 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 foregoing, and Exhibits "A" and "B" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, 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. SF:16-5215-142605.doc/rev 12/2016 29 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on August 28 , 20 19 t - 1wd--Py clunca rn c%/y i.5.20i9. CONTRACTOR: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: Ite-f*C, .im �,U V Mayor (print name) ITS: Chairman 199 /Vice-President City Clerk (circle one) INITIATED AND APPROVED: AND 11"2 By: �S Direc ublic orks (print name) REVIEWED AND APPROVED: ITS: ecreta / Chief Financial Officer / Asst. Secretary reasurer (circle one) City Manager APP OVED AS TO FORM: City Attimey SF:16-5215-142605.doc/rev 12/2016 30 EXHIBIT A (Contractor's Proposal) SF:16-5215-142605.doc/rev 12/2016 31 FxHia rr;4 SECTION C PROPOSAL for the construction of MSC-528 CENTRAL LIBRARY RESTROOM ACCESS COMPLIANCE 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 therefore, 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 §Qworking days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site,plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes,royalties, fees,etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will re-advertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 51 oyt2e-2: r--150tJ D in the amount of (Please insert the words"Cash","Certified Check",or"Bidder's Bond for %",as the case may be) $ & 1" 11 Ib 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. Any standard Surety Bid Bond form is acceptable. C-1 Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 1501 t PROJECT WORK SCHEDULE: 1. The contract shall allow the Contractor§Qworking days to complete the contract. 2. Contract work shall begin no later than August 5,2019 or date stated on the Notice to Proceed. 3. Contract work shall be completed no later than October 4,2019 or date stated on Notice to Proceed. Bidder shall signify receipt of Project Work Schedule here: 2�1 4 dder's Signature PROJECT BID SCHEDULE ' " " x � tBidtAmount m=Firz ures 1. MSC-528 Central Construct restrooms to per plans Library Restroom and specifications $ I 19 OM ov Access Compliance l Total Lump Sum Bid Amount $ 114 0(clot .b Z' Total Bid Amount in Words: Q0L% ONSt T*oZts,++JO N tc]�G b ryI'L13� tJtNl2l Nlai& 6LJO ooLtcro 00 S C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104,the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or$10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) State Lim# Dollar %of .Name and Address of Subcontractor' and-Class-1- DIR# Amount Contract PAA'nrn"#� Tl+amflS Le( 3q-1 'A hit-* ?Lt'iZ. 1-4L1.ec,k LAns& eOAV170M ACcr-s ►a,wit o tpri A Ct I I v0 1 pj rdr ACr a dr"US � �► QG 4 S C' V 120 N M tT3T,'0vf— C 1 O O T EN U`lt 5 e/ wx 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 L 13 t`1 , at UMWV--W-4r1 , -A Date City State ?Aa�a So-tz� , being first duly sworn, deposes and says that he or she is �(lGC p!t-CSC ntu( of rofu'+ �oruT� ne,V weLo fly 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. Ceti L COTOS i jU LCC1*0 .4 0�- W Pl�✓l L +ter !NYC, Name of Bidder Signatu of Bidder 5 2(( E• w/-\$4((4&'M t-'- B`vb Cove LX �{ Address of Bidder 900 o 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 PROJECT NAME, (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. bO►XLAg. Contractor By ve Title Date: te( l°I 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 )rNo 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. Contractor By Ve Title Date: C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: C,b 1Q,9A-., Ca N 5 r 9ktCVutiJ 4 l7OVCL b Pro t�7N T t O C. Bidder Name ri 2At E- t,3(kS tttrJ6-r� $Wyq 2—lu Business Address blivo W1 goo 1{0 City, State Zip ( 5I ,L) Telephone Number ek2g,$D5- ' C- 33 State Contractor's License No. and Class 2.I 200 01 Original Date Issued ,I-( 2$( 20 zo Expiration Date The work site was inspected by V-OPT So TD of our office on 5 '?l' 2011. The following are persons, firms, and corporations having a principal interest in this proposal: e-- Sc--M 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. tp9-t-AL C,0NST 1? LcgaJ DC'1�`z-0 P�vi��r (evL Corn y Name Signs ure of Bidder Printed or Typed Signature Subscribed and sworn to before me this day of 3201 NOTARY PUBLIC NOTARY SEAL C-8 See Attachment e JrL�EA - /`"I- L: A notary public or othar officer completing this certificate verifies only the identity of the individual twho signed the document to which t1jic-certificate is attached, and not the truthfulness,accuracy,Or validity of that document.. State of cglftarnk' Caurity, of Los Akriqge[es b I I Ili ore ni 63 Nfotary, I L 2 4-t— Personally appeared �t t `�-U who roved to me on ties basis Of sa-tisfactOlY Gvid9ilce to be the person(sl Whose nameK 11 - I islw/e subscribed to the yefthin frIstrument and acknovAiedged to me that wshehwl-executed the same in [ry�%herlviRKr authorized cap&cityW�), and that by hit/her/tWr signature,Kon the instrument the person(, or the BnVty upon behalf of which the personW, acted, executed gle instrument. I certify under PENALTY OF PERJURY under the Baas of the State Of California that the foregoing para true and correct. graph is - - - - - CATHY J.GUZMAN kkUNESS my hand and officfaf sear. Notary Public-California Los Angeles County Commission#22415.13 my Comm.Expires May OPTIONAL IAIFORIWA Tjohi Description of Attached Document The preceding Certificate of AcknoMedgment is attached to a i Method of Signer Wentification document titledtfor the purpose Of—L)ILU, 6 f I-) Proved to me on the basis of satisfactory evidence: j form(s)of identification containing pages,and dated Notarial event is detailed in notary journal on: The signerW capacity or authority is/ as: Page R_ Entry# Notary contact: Attorney-in-fact f 1 Corporate Officer(s) Other I Additional Signer Signer(s)Thumbprints(s) Guardian/Conservator Partner-Limited/General Trustee(s) Other: representing: Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. List below the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. "-r-i o P A u s/k 213 � • �ori�t LL t3rno , I JA A � CA Name and Address of Public Agency 0 kV"-4L1 KP-SALES (614) 11 z - 5L(o 1 n ✓o5a.1 e-S -wS&CA , G-ov Name and Telephone No. of Project Manager 2-1)0OD S I Zv1 CI Contract Amount Type of Work Date Completed Provide additional project description to show similar work: A pA l3/k1y"o wt R-Em aDe L_ 2. l;ln of &LeNoo" i1G L• F-ooTlktLL r3L-yio GLL--NboA C-A 91`fLll Name and Address of Public Agency U.L(SC5 13&W/kvr-NT[% (4Lto 7-H1 Uher,cur�ntc Name and Telephone No. of Project Manager 60 ,00-D Contract Xmount Type of Work Date eompleted Provide additional project description to show similar work: 3. CA V-1 W P/)rSA-he-1-s A Name and Address of Public Agency _TLt-rltJy T"K -PJ (6Vt)-14y - lQ1Z 1 t-tVa-n o lema e"A . nLb Name and Telephone No.of Project Manager $5',o00 LJ I zo 1 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-9 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager,and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. (Ll:��'>✓ Sew Name of proposed Project Manager //LL Telephone No. of proposed Project Manager: lb b 2-J -7 l0 z - (03 z AI-415A 461'� JZ6Sr C111 T41f arewiemTs J Z2"1 1 000 7•ST"c-m i'LL op EL S1 �) Project Name&Contract Amount Type of Work Date Completed t,l(bKIV" 96STI"00A IZeNOVlr7(or) l00 1 000 Jz Srywowt "-W o DE L Project Name&Contract Amount Type of Work Date Completed P L3 uA LO W 6 R C'S trZoo rA a&W O vAlr'I O N ltaSj b o o P,(;,�:5TKyom i2cto0 E L 7�t Project Name&Contract Amount Type of Work Date Completed 2. "LV-9 SOT-0 Name of proposed Superintendent Telephone No. of proposed Superintendent: 5 2.Z. - 1`) 2_t. JtItA<A L(6A41-`f A-6,1 IIti5TI2oohq {'mP/w►�nQJTt g 2 21 )0 00 (SST)?-OOm Project Name&Contract Amount Type of Work Date Completed L(0444,r XcbT"()M ru,-1UW1+J70,J 4 l¢D 100D RixT"OM 11,-W WPGL- Project Name&Contract Amount Type of Work Date Completed P14 13WLOIn/6- T1.esravam 4� '057) 0 b O IZC%STYtncm (LL-yvtop r�- `� I '� 1 Project Name&Contract Amount Type of Work Date Completed c C-10 Corral Construction License #928805 5211 E. Washington Boulevard #2-122 Commerce, CA 90040 (562) 762-6632 corral.construction@yahoo.com Proje_ct_References Contracting Agency: City of Azusa Project Manager: Nikki Rosales Phone: (626) 812-5261 Email: nrosales AzusaCA_.Gov Project Name: Azusa Library ADA Restroom Improvement Date of Completion: 5/2019 Contract Amount: $227,000 Contracting Agency: City of Pasadena Project Manager: Tiffiny Tran Phone: (626) 744-6771 Email: ttran cityofpasadena.net Project Name: Public Works Building Restroom Renovation Date of Completion: 4/2018 Contract Amount: $85,000 Contracting Agency: City of Glendora Project Manager: Ulises Benavente Phone: (626) 914-8247 Email: UBenaventegci.glendora.ca.us Project Name: Public Library Restroom Renovation Date of Completion: 7/2017 Contract Amount: $60,000 Contracting Agency: City of El Segundo Project Manager: Orlando Rodriguez Phone: (310) 524-2252 Email: orodriguez@elsegundo.org Project Name: Police Department Locker Room Remodel Date of Completion: 7/2017 Contract Amount: $65,000 L Contracting Agency: City of El Segundo Project Manager: Cheryl Ebert Phone: (310) 524-2321 Email: cebert(g,elsegundo.org Project Name: Fire Station#1 Bathroom Remodel Date of Completion: 7/2017 Contract Amount: $25,000 Contracting Agency: City of Fullerton Project Manager: Paul Lubiner Phone: (714) 738-6886 Email: PaulL o fullerton.ca.us Project Name: Fire Station#4 Separate Gender Accommodations & Kitchen Remodel Date of Completion: 6/2017 Contract Amount: $130,000 Contracting Agency: City of Santa Fe Springs Project Manager: Daniel Reyes Phone: (562) 868-0511 ext. 7547 Email: dreyeskoe-eng com Project Name: Lakeview Park Restroom Renovation Date of Completion: 7/2016 Contract Amount: $60,000 Contracting Agency: City of Santa Fe Springs Project Manager: Daniel Reyes Phone: (562) 868-0511 ext. 7547 Email: dreyesgoe-eng.com Project Name: Heritage Park Restroom Renovation Date of Completion: 3/2016 Contract Amount: $50,000 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS(DIR)CERTIFICATE Pursuant to SB 854(citing Labor Code Section 1771.1(a)),passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActionServiet?action=displayP WCRegistrationForrn 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 ofthis 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, or no later than contract award date. 1OK"-L bein c-LOP nL-�T I NC. Contractor S By Ll i� Title Date: � ` l3 I l`I --r DIR#: L0000la7_LkL( C-u BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low-Income Persons The bidder, under penalty of perjury, certifies that except as noted below,any person associated therewith in the capacity of owner,partner, director,officer,or manager(initial the applicable selections): 5 Will ensure that 10%of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10%of its sub-contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub-contracts related to this project. Contractor: U KAtL Go NSTVAC noo) 't lNG Contact ��N e:r- SoTv Person: Contact Phone: (s4i) 'l tsZ- le�'a z Signed: Date: (p 3 *Note: The above certification is required by the Department of Housing and Urban Development(24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub-contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). C-I2 EXHIBIT A DISADVANTAGED BUSINESS ENTERPRISE (DBE) This Project is subject to Part 200.321, Title 2, Code of Federal Regulations entitled "Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms."The Regulations in their entirety are incorporated herein by this reference. It is the policy of the City that disadvantaged business enterprises(DBEs), as defined in Part 200.321, Title 2 CFR, shall be encouraged to participate in the performance of Contracts financed in whole or in part with federal funds. The Contractor should ensure that DBEs,as defined in Part 200.321, Title 2 CFR, have the opportunity to participate in the performance of this Contract and shall take all necessary and reasonable steps, as set forth in Part 200.321, Title 2 CFR, for this assurance. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. Failure to carry out the requirements of this paragraph shall constitute a breach of Contract and may result in termination of this Contract or other remedy the City may deem appropriate. Bidders shall be fully informed respecting the requirements of the Regulations and are urged to obtain DBE participation in this project, although there is no specific goal for DBE participation. C-13 EXHIBIT B DBE INFORMATION—GOOD FAITH EFFORTS Federal-aid Project No. WC 5 2� Bid Opening Date le` 13 � ) The City of Huntington Beach established a Disadvantaged Business Enterprise (DBE) goal.of 0% for this Project. The information provided herein shows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the "Local Agency Bidder DBE Commitment" form indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the "Local Agency Bidder DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled "Submission of DBE Commitment" of the Special Provisions: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this Project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Follow Up Methods Solicitation and Dates C-14 C. The items of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Bidder Normally Items of Work Performs Item Breakdown Amount Percent of (Y or N) of Items M Contract D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: C-15 F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. C-16 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature(given and surname)of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail C-17 IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted (2) 5 (Signature) \1e (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of Cn'LA(-�D(L+31 A (4) Place of Business 5'2-l( L• LL)(k;RLu16TW?r1 c,Lya (Street and Number) City and State tvwrn(:-fit ( CA (5) Zip Code � Do 40 Telephone No. 5'�Z' 1(0Z' 613 2— (6) E-Mail Coi(VAL cvAS Gf, NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED C-18 See Attachment =77 m— t -1 L: U, T )e C,, 7 r�A notary public or other officer completing this certificate verifies only the identity of the individual twho signed the notary u"Ic r 0". 0" r c 6c,7cumenpttO whoich this is attached,and not the truthfulness,accuracy,or validity of that document State of Cawarma S.S. Cn.2uo-La442c,before me, [V�otwY�PUNC personally appeared len-) who proved to me on the basis Of satisfactory evidence to be the personjifWliose name( islaFd subscribed to the within instrument and acknovAedged to me that t efshe/tipexecuted the same in hjsffier/t1wfrautho0zed capacity(i,06, and that by 4iS1/`her/Kqr signature,(efon the instrument the person w, or the snitti; Upon behaff of which the personKacted, executed the instrument. f, certify under PENALTY OF PERJURY under the [aws of the State of California that the foregoing Paragraph is true and correct. - - - - - - - - - - - - CATHY J.GUZMAN ■ WITNESS my hand and officiai seal == Notary Public-California Los Angeles County Commission#22415.13 C—) My Comm.Expires May 7',2022 V OPTIONAL INFORMATION Description of Attached Document The preceding Certificate of AcknovAedgment is attached to a 'Method of Signer Identification Proved to me on the basis of satisfactory evidence: document fitledtfor the purpose of I hootl Fnllh LJL-r�<�, I E J form(s)of identification credible witness(es) containing pages, and dated Notarial event is detailed in notary journal on: The signer(mf capacity or authority istjld as: Page g_ Entry#_ 211ndividuaW' Notary contact. E31 Affomey4n-fact I ) Corporate Officer(s) Other Additional Signer Signer(s)Thumbprints(s) Guardian/Conservator Partner-Limited/General i Trustee(s) Other: I representing: List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners and managing partners: L'"E5TO co 94L*L - p/Lt,�S OC7.s7 17.C�NCF; SoTa - vP C-19 EXHIBIT C LOCAL AGENCY BIDDER DBE COMMITMENT(CONSTRUCTION CONTRACTS NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM LOCALAGENCY:""ry ►rWJZlN6tor1 &-;M4,4 LOCATION: �v0 µyt�N Sr tttW 9&,1W 60 ,k� ' �rg-,1 , Llpd rtoar+ CoMpL�rl c6 PROJECT DESCRIPTION: LL% �'jN 2(:�� �'�-'�S t TOTAL CONTRACT AMOUNT: BIDDATE: BIDDER'SNAME:t f1A'. GowiT'AA<,CVA" s �(CYI�?A► t /'ut' CONTRACT DBE GOAL: CONTRACT TEM OF WORK AND DESCRIPTION DBECERTNO. NAME OF EACH DBE DOLLARAMOUNT ITEM NO. DR SERVICES TO BE ND EXPIRATION (Must be certified on the date bids DBE UBCONTRACTEDORMATERIALS DATE are opened-include DBE address O BE PROVIDED(or contracted if the and phone number) idder is a DBE) For Local Agency to Complete: L Total Claimed DBE $ocal Agency Contract Number: Participation Federal-aid Project Number: Federal Share: Contract Award Date: Local Agency certifies that all DBE certifications have been verified and information is complete and accurate. Sigma of Bidder wi dt--, (56t) 7bL-1,L32- Date (Area Code)Tel.No. Print Name Signature Date fZ0Jt� 507-D Local Agency Representative Person to Contact (Please Type or Print) (Area Code)Telephone Number: Local Agency Bidder DBE Commitment(Construction Contracts) (Rev 6/26/09) C-20 PLEASE NOTE: This information may be submitted with your bid.If it is not,and you are the apparent low bidder or the second or third low bidder, it must be submitted and received as specified in the Special Provisions. Failure to submit the required DBE commitment will be grounds for finding the bid nonresponsive The form requires specific information regarding the construction contract: Local Agency, Location, Project Description, Total Contract Amount, Bid Date, Bidder's Name, and Contract DBE Goal. The form has a column for the Contract Item Number and Item of Work and Description or Services to be Subcontracted or Materials to be provided by DBEs. Prime contractors shall indicate all work to be performed by DBEs including, if the prime is a DBE, work performed by its own forces, if a DBE. The DBE shall provide a certification number to the Contractor and expiration date. Enter the DBE prime's and subcontractors' certification numbers. The form has a column for the Names of DBE contractors to perform the work (who must be certified on the date bids are opened and include the DBE address and phone number). IMPORTANT: Identify all DBE firms participating in the project regardless of tier. Names of the First-Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the DBE participation dollar amount. Enter the Total Claimed DBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or furnished by the DBE.) See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction contracts), to determine how to count the participation of DBE firms. Exhibit 15-G must be signed and dated by the person bidding. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Local Agency Contract Award, Federal-aid Project Number, Federal Share, Contract Award Date fields and verify that all information is complete and accurate before signing and filing. C-21 EXHIBIT D EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Thebidder UPIAL C005'WA-etnyP 4- D[.�� PMo#,4T ISJCG [proposed subcontractor J hereby certifies that he/she/it has %-- , has not , participated in a previous contract or subcontract subject to the Equal Opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that,where required, he/she/it has filed with the Joint Reporting Committee,the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency,or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor(41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of$10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. (eeoc.gov/employers/eeo 1 survey/index.cfin) Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1)prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Signature: L'Y�-�S Date: to 13 l-� Print Name: RC-N� S077D Title: 1�® C-22 EXHIBIT E NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) MSC-528 Central Library Restroom Access Compliance To the City of Huntington Beach In conformance with Title 23 United States Code Section 112 and California Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on 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 of the bidder or any other bidder,or to fix any overhead, profit,or cost element of the bid price, or of 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, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Bidder's Proposal. By signing the Proposal,the Bidder has also signed this Noncollusion Affidavit. Bidders are cautioned that making a false Certification may subject the Bidder to criminal prosecution. Signature: S Date: Lt 13 (q Print Name: O 1Z) Title: Or C-23 EXHIBIT F DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The Bidder, under penalty of perjury, certifies that, except as noted below,he/she or any other person associated with Bidder in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment,voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred,voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted,convicted, or had a civil judgment rendered against him/her by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility.For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Signature: *'R�< Date: Print Name: �L saw Title: C-24 EXHIBIT G NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief,that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signature: 2^>/' Date: (c I f-1 Print Name: SO 13 Title: VP C-25 EXHIBIT H DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: El contract Ejglid/offedapplication F-1�nitial b.grant b.initial award b.material change c.cooperative agreement c.post-award d.loan For Material Change Only: e.loan guarantee year quarter f.loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No.4 is Subawardee, 12 Enter Name and Address of Prime: Prime Subawardee Tier ifknown Congressional District,ifknown Congressional District,ifknown 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number,ifapplicable 8. Federal Action Number,ifknown: 9. Award Amount,ifknown: 10. a.Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual,last name,first name,MI) address if different from No.I Oa) (last name,first name,MI) (attach Continuation Sheet(s)if necessary) 11. Amount of Payment(check all that app 13. Type of Payment(check all that apply) $ Actual planned a.retainer b.one-time fee 12. Ffl of Payment(check all that apply): c.commission a.cash d,contingent fee b.in-kind; specify: nature a deferred value f other,specify 14. Brief Description of Services Performed or to be performed and Date(s)of Service,including officer(s),employee(s),or member(s)contacted,for Payment Indicated in Item 11: , `CU/-� (attach Contio-on Sheet(s)if 1ssary) N �•J 15. Continuation Sheet(s)attached: Yes No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or n �� entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any Title: person who fails to file the required disclosure shall be subject to a civil penalty of not less than$10,000 and not more than Telephone No(1%2-) 74,Z -(,6 3 2 Date:4 l 3 (r7 $100,000 for each such failure. Authorized for Local Reproduction Federal Use Only: Standard Form-LLL Standard Form LLL Rev.09-12-97 C-26 EXHIBIT B (Form HUD-4010, the Federal Labor Standards Provision of the United States) Federal Labor Standards Provisions U.S.Department of Housing and Urban Development Office of Labor Relations Applicability (1) The work to be performed by the classification The Project or Program to which the construction work requested is not performed by a classification in the wage covered by this contract pertains is being assisted by the determination; and United States of America and the following Federal Labor (2) The classification is utilized in the area by the Standards Provisions are included in this Contract construction industry; and pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide assistance. fringe benefits, bears a reasonable relationship to the A. 1. (1) Minimum Wages. All laborers and mechanics wage rates contained in the wage determination, employed or working upon the site of the work,will be paid (b) If the contractor and the laborers and mechanics to be unconditionally and not less often than once a week, and employed in the classification (if known), or their without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the (except such payroll deductions as are permitted by classification and wage rate (including the amount regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division, due at time of payment computed at rates not less than Employment Standards Administration, U.S_ Department of those contained in the wage determination of the Labor, Washington, D.C. 20210. The Administrator, or an Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or part hereof, regardless of any contractual relationship disapprove every additional classification action within 30 which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will such laborers and mechanics. Contributions made or notify HUD or its designee within the 3D-day period that costs reasonably anticipated for bona fide fringe benefits additional time is necessary. (Approved by the Office of under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215- laborers or mechanics are considered wages paid to such 0140.) laborers or mechanics, subject to the provisions of 29 CFR (c) In the event the contractor, the laborers or mechanics 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often to be employed in the classification or their than quarterly) under plans, funds, or programs, which representatives, and HUD or its designee not agree on cover the particular weekly period, are deemed to be the proposed classification and wage ratea (including the constructively made or incurred during such weekly period. amount designated for fringe benefits, where appropriate HUD or its designee shall refer the questions, including Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for for the classification of work actually performed, without determination. The Administrator, or an authorized regard to skill, except as provided in 29 CFR 5.5(a)(4). representative,will issue a determination within 30 days of Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify classification may be compensated at the rate specified for HUD or its designee within the 30-day period that each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number set forth the time spent in each classification in which 1215--0140.) work is performed. The wage determination (including any additional classification and wage rates conformed under p The wage rate (including fringe benefits where a 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- appropriate) determined pursuant to subparagraphs 1321) shall be posted at all times by the contractor and its Workers or (c) of this paragraph, shall io paid r all subcontractors at the site of the work in a prominent and workers performing work in the classification under this accessible, place where it can be easily seen by the contract from the first day on which work is performed in the classification. workers. (Ii) (a) Any class of laborers or mechanics which is not (iii) Whenever the minimum wage rate prescribed in the listed in the wage determination and which is to be contract for a class of laborers or mechanics includes a employed under the contract shall be classified in fringe benefit which is not expressed as an hourly rate, the conformance with the wage determination. HUD shall contractor shalt either pay the benefit as stated in the approve an additional classification and wage rate and wage determination or shall pay another bona fide fringe fringe benefits therefor only when the following criteria benefit or an hourly cash equivalent thereof. have been met: (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD-4010(0612D09) Previous editions are obsolete Page 1 of 5 ref.Handbook 1344.1 SF:16-5215-142605.doc/rev 12/2016 32 of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits. Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of require the contractor to, set aside in a separate account trainee programs, the registration of the apprentices and assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the program. (Approved by the Office of Management and applicable programs. (Approved by the Office of Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers 2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017.) action or upon written request of an authorized (if) (a) The contractor shall submit weekly for each week representative of the Department of Labor withhold or in which any contract work is performed a copy of all cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant subject to Davis-Bacon prevailing wage requirements, sponsor, or owner, as the case may be,for transmission to which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out accrued payments or advances as may be considered accurately and completely all of the information required necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(a)(3)(i) except that full apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall required by the contract In the event of failure to pay any only need to include an individually identifying number for laborer or mechanic, including any apprentice, trainee or each employee (e.g.,the last four digits of the employee's helper, employed or working on the site of the work, all or social security number). The required weekly payroll part of the wages required by the contract, HUD or its information may be submitted in any form desired. designee may, after written notice to the contractor, Optional Form WH-a47 is available for this purpose from sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at necessary to cause the suspension of any further htto://www.dol.gov/esa/whd/forms/wh347instr.htm or its payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full withheld for and on account of the contractor or social security number and current address of each subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party, the contracts. contractor will submit the payrolls to the applicant 3. (1) Payrolls and basic records. Payrolls and basic sponsor, or owner,as the case may be,for transmission to records relating thereto shall be maintained by the HUD or its designee,the contractor, or the Wage and Hour contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for shall contain the name, address, and social security a prime contractor to require a subcontractor to provide number of each such worker, his or her correct addresses and social security numbers to the prime classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission of contributions or costs anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number in Section I(b)(2)(B) of the Davis-bacon Act), daily and 1215-0149.) weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has `Statement of Compliance," signed by the contractor or found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a plan and shall certify the following: or program described in Section I(b)(2)(S) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits is (a)(3)(ii), the appropriate information is being maintained enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(1), and that such information is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete form HUD-4010(06f2009) Page 2 of 5 ref.Handbook 1344.1 SF:16-5215-142605.doc/rev 12/2016 33 (2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above, apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the the payroll period has been paid the full weekly wages wage determination for the classification of work actually earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on that no deductions have been made either directly or the job site in excess of the ratio permitted under the indirectly from the full wages earned, other than registered program shall be paid not less than the permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the (3) That each Laborer or mechanic has been paid not less work actually performed. Where a contractor is performing than the applicable wage rates and fringe benefits or cash construction on a project In a locality other than that in equivalents for the classification of work performed, as which its program is registered, the ratios and wage rates specified in the applicable wage determination (expressed in percentages of the journeyman's hourly Incorporated into the contract. rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice ce The weekly submission a properly executed must be paid at not less than the rate specified in the certification set forth on the reverrss e side of Optional Form registered program for the apprentice's level of progress, W shall satisfy the requirement for submission of the expressed as a percentage of the journeymen hourly rate "Statement of Compliance" required by subparagraph A.3.(ii)(b). specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance (d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. If the subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits, prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits 231 of Title 31 of the United States Code. listed on the wage determination for the applicable (111) The contractor or subcontractor shall make the classification. If the Administrator determines that a records required under subparagraph A.3.(i) available for different practice prevails for the applicable apprentice inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with that representatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a State interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office, the contractor or subcontractor fails to submit the required withdraws approval of an apprenticeship program, the records or to make them available, HUD or its designee contractor will no longer be permitted to utilize may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate applicant or owner, take such action as may be necessary for the work performed until an acceptable program is to cause the suspension of any further payment, advance, approved. or guarantee of funds. Furthermore, failure to submit the (ii) Trainees. Except as provided in 29 CFR 5.16, required records upon request or to make such records trainees will not be permitted to work at less than the available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are 29 CFR 5.12. employed pursuant ',to and individually registered in a 4. Apprentices and Trainees. program which has received prior approval, evidenced by (1) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor, less than the predetermined rate for the work they Employment and Training Administration. The ratio of performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater individually registered in a bona fide apprenticeship than permitted under the plan approved by the program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee Employment and Training Administration, Office of must be paid at not less than the rate specified in the Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress, with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate Office, or if a person is employed in his or her first 90 specified in the applicable wage determination. Trainees days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the an apprenticeship program, who is not individually provisions of the trainee program. If the trainee program registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid the Office of Apprenticeship Training, Employer and Labor the full ,amount of fringe benefits listed on the wage Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and appropriate) to be eligible for probationary employment as Hour Division determines that there is an apprenticeship an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman journeymen on the job site in any craft classification shall wage rate on the wage determination which provides for not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who is not worker listed on a payroll at an apprentice wage rate, who registered and participating in a training plan approved by Previous editions are obsolete form HUD-4010(06/2009) Page 3 of 5 ref.Handbook 1344.1 SF:16-5215-142605.doc/rev 12/2016 34 the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24. determination for the work actually performed. In addition, (ii) No part of this contract shall be subcontracted to any any trainee performing work on the job site in excess of person or firm ineligible for award of a Government the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or determination for the work actually performed. In the participate in HUD programs pursuant to 24 CFR Part 24. event the Employment and Training Administration (iii) The penalty for making false statements is prescribed withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than in the U.S. Criminal Code, 18 U.S.C. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., the applicable predetermined rate for the work performed "Federal Housing Administration transactions", provides in until an acceptable program is approved. part: `Whoever, for the purpose of . . . influencing in any (ill) Equal employment opportunity. The utilization of way the action of such Administration...., makes, utters or apprentices, trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false..... shall be in conformity with the equal employment shall be fined not more than $5,000 or imprisoned not opportunity requirements of Executive Order 11246, as more than two years, or both." amended, and 29 CFR Part 30. 11. Complaints, Proceedings, or Testimony by 5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage, contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner 6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any insert in any subcontracts the clauses contained in subcontractor because such employee has filed any subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any instructions require, and a copy of the applicable proceeding under or relating to the labor standards prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer. subcontractors to include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act The subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the for the compliance by any subcontractor or lower tier prime contract exceeds $100,000. As used in this paragraph, the subcontractor with all the contract clauses in this terns`laborers"and"mechanics"include watchmen and guards. Paragraph. (1) Overtime requirements. No contractor or subcontractor T. Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or contract clauses in 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shall require or termination of the contract and for debarment as a permit any such laborer or mechanic in any workweek in which the contractor and a subcontractor as provided in 29 CFR individual is employed on such work to work in excess of 40 hours in 5.12. . such workweek unless such laborer or mechanic receives 8. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic All rulings and interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek. herein incorporated by reference in this contract (2) Violation; liability for unpaid wages; liquidated 9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set arising out of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable clause of this contract. Such disputes shall be resolved in for the unpaid wages. In addition, such contractor and accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of within the meaning of this clause include disputes between Columbia or a territory, to such District or to such the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each individual employees or their representatives. laborer or mechanic, including watchmen and guards, 10. (1) Certification of Eligibility. By entering into this employed in violation of the clause set forth in contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the sum of$10 for each she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub the Davis-Bacon Act or 29 CFR 5-12(a)(1) or to be paragraph(1) of this paragraph. Previous editions are obsolete form HUD-4010(0612009) Page 4 of 5 ref.Handbook 1344.1 SF:16-5215-142605.doc/rev 12/2016 35 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds$100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et sea. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete form HUD■4010(0612009) Page 5 of 5 ref.Handbook 1344.1 SF:16-5215-142605.doc/rev 12/2016 36 EXHIBIT C United States Department of Labor Office of Federal Contract Compliance Programs Office of Federal Contract Compliance Programs(OFCCP) Executive Order 11246,As Amended —DISCLAIMER— Executive Order 11246—Equal Employment Opportunity SOURCE:The provisions of Executive Order 11246 of Sept.24,1965,appear at 30 FR 12319,12935,3 CFR,1964- 1965 Comp.,p.339,unless otherwise noted. Under and by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States,it is ordered as follows: Part I—Nondiscrimination in Government Employment [Part I superseded by EO 11478 of Aug.8,1969,34 FR 12985,3 CFR,1966-1970 Comp.,p.803] Part II-Nondiscrimination in Employment by Government Contractors and Subcontractors Subpart A—Duties of the Secretary of Labor SEC. 201 The Secretary of Labor shall be responsible for the administration and enforcement of Parts II and III of this Order.The Secretary shall adopt such rules and regulations and issue such orders as are deemed necessary and appropriate to achieve the purposes of Parts II and III of this Order. [Sec.201 amended by EO 12086 of Oct.5, 1978,43 FR 46501,3 CFR,1978 Comp.,p.230] Subpart B—Contractors'Agreements SEC. 202 Except in contracts exempted in accordance with Section 204 of this Order,all Government contracting agencies shall include in every Government contract hereafter entered into the following provisions: During the performance of this contract,the contractor agrees as follows: 1.The contractor will not discriminate against any employee or applicant for employment because of race,color, religion,sex,sexual orientation,gender identity,or national origin.The contractor will take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race,color,religion,sex,sexual orientation,gender identity,or national origin.Such action shall include, but not be limited to the following:employment,upgrading,demotion,or transfer; recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation;and selection for training, including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. SF:16-5215-142605.doc/rev 12/2016 37 2.The contractor will,in all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race,color, religion,sex,sexual orientation,gender identity,or national origin. 3.The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about,discussed,or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances In which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge,in furtherance of an investigation,proceeding,hearing,or action,including an investigation conducted by the employer,or is consistent with the contractor's legal duty to furnish information. 4.The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,a notice,to be provided by the agency contracting officer,advising the labor union or workers'representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24,1965,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5.The contractor will comply with all provisions of Executive Order No.11246 of Sept.24,1965,and of the rules, regulations,and relevant orders of the Secretary of tabor. 6.The contractor will furnish all information and reports required by Executive Order No.11246 of September 24, 1965,and by the rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books,records,and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. 7.In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules,regulations,or orders,this contract may be cancelled,terminated,or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept.24,1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24,1965,or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law. 8.The contractor will include the provisions of paragraphs(1)through(8)in every subcontract or purchase order unless exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No.11246 of September 24,1965,so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided,however,that in the event the contractor becomes involved in,or is threatened with, litigation with a subcontractor or vendor as a result of such direction,the contractor may request the United States to enter into such litigation to protect the interests of the United States.[Sec 202 amended by EO 11375 of Oct. 13,1967,32 FR 14303,3 CFR,1966-1970 Comp.,p.684,EO 12086 of Oct.5,1978,43 FR 46501,3 CFR,1978 Comp.,p.230,EO 13665 of April 8,2014,79 FR 20749,EO 13672 of July 21,2014,79 FR 42971] SEC. 203 a.Each contractor having a contract containing the provisions prescribed in Section 202 shall file,and shall cause each of his subcontractors to file,Compliance Reports with the contracting agency or the Secretary of Labor as may be directed.Compliance Reports shall be filed within such times and shall contain such information as to the practices,policies,programs,and employment policies,programs,and employment statistics of the contractor and each subcontractor,and shall be in such form,as the Secretary of Labor may prescribe. b.Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order,or any preceding similar Executive order,and in SF:16-5215-142605.doc/rev 12/2016 38 that event to submit,on behalf of themselves and their proposed subcontractors,Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. c.Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers,the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of labor may prescribe: Provided,that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor,the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. d.The Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall submit,as part of his Compliance Report,a statement in writing,signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training,with which the bidder or prospective contractor deals,with supporting information,to the effect that the signer's practices and policies do not discriminate on the grounds of race,color,religion,sex,sexual orientation,gender identity,or national origin,and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment,employment,and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order.In the event that the union,or the agency shall refuse to execute such a statement,the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require. [Sec.203 amended by EO 11375 of Oct.13,1967,32 FR 14303,3 CFR,1966-1970 Comp.,p.684;EO 12086 of Oct. 5,1978,43 FR 46501,3 CFR,1978 Comp.,p.230,FO 13672 of July 21,2104,79 FR 429711 SEC. 204 a.The Secretary of labor may,when the Secretary deems that special circumstances in the national interest so require,exempt a contracting agency from the requirement of including any or all of the provisions of Section 202 of this Order in any specific contract,subcontract,or purchase order. b.The Secretary of Labor may,by rule or regulation,exempt certain classes of contracts,subcontracts,or purchase orders(1)whenever work is to be or has been performed outside the United States and no recruitment of workers within the limits of the United States is involved;(2)for standard commercial supplies or raw materials;(3)involving less than specified amounts of money or specified numbers of workers;or(4)to the extent that they involve subcontracts below a specified tier. c.Section 202 of this Order shall not apply to a Government contractor or subcontractor that is a religious corporation,association,educational institution,or society,with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation,association,educational institution,or society of its activities.Such contractors and subcontractors are not exempted or excused from complying with the other requirements contained in this Order. d.The Secretary of Labor may also provide,by rule,regulation,or order,for the exemption of facilities of a contractor that are in all respects separate and distinct from activities of the contractor related to the performance of the contract:provided,that such an exemption will not interfere with or impede the effectuation of the purposes of this Order:and provided further,that in the absence of such an exemption all facilities shall be covered by the provisions of this Order. [Sec.204 amended by EO 13279 of Dec. 16,2002,67 FR 77141,3 CFR,2002 Comp.,p.77141—77144] Subpart C—Powers and Duties of the Secretary of Labor and the Contracting Agencies SF:16-5215-142605.doc/rev 12/2016 39 SEC. 205 The Secretary of Labor shall be responsible for securing compliance by all Government contractors and subcontractors with this Order and any implementing rules or regulations.All contracting agencies shall comply with the terms of this Order and any implementing rules,regulations,or orders of the Secretary of Labor.Contracting agencies shall cooperate with the Secretary of Labor and shall furnish such information and assistance as the Secretary may require. [Sec.205 amended by EO 12086 of Oct.5,1978,43 FR 46501,3 CFR,1978 Comp.,p.230] SEC. 206 a.The Secretary of Labor may investigate the employment practices of any Government contractor or subcontractor to determine whether or not the contractual provisions specified in Section 202 of this Order have been violated.Such investigation shall be conducted in accordance with the procedures established by the Secretary of Labor. b.The Secretary of Labor may receive and investigate complaints by employees or prospective employees of a Government contractor or subcontractor which allege discrimination contrary to the contractual provisions specified in Section 202 of this Order. [Sec.206 amended by EO 12086 of Oct.5,1978,43 FR 46501,3 CFR,1978 Comp.,p.230] SEC. 207 The Secretary of Labor shall use his/her best efforts,directly and through interested Federal,State,and local agencies, contractors,and all other available instrumentalities to cause any labor union engaged in work under Government contrails or any agency referring workers or providing or supervising apprenticeship or training for or in the course of such work to cooperate in the implementation of the purposes of this Order.The Secretary of Labor shall,in appropriate cases,notify the Equal Employment Opportunity Commission,the Department of Justice,or other appropriate Federal agencies whenever it has reason to believe that the practices of any such labor organization or agency violate Title VI or Title VII of the Civil nights Act of 1964 or other provision of Federal law. [Sec.207 amended by EO 12086 of Oct.5,1978,43 FR 46501,3 CFR, 1978 Comp.,p.2301 SEC. 208 a.The Secretary of Labor,or any agency,officer,or employee in the executive branch of the Government designated by rule,regulation,or order of the Secretary,may hold such hearings,public or private,as the Secretary may deem advisable for compliance,enforcement,or educational purposes. b.The Secretary of Labor may hold,or cause to be held,hearings in accordance with Subsection of this Section prior to imposing,ordering,or recommending the imposition of penalties and sanctions under this Order.No order for debarment of any contractor from further Government contracts under Section 209(6)shall be made without affording the contractor an opportunity for a hearing. Subpart D—Sanctions and Penalties SEC. 209 In accordance with such rules,regulations,or orders as the Secretary of Labor may issue or adopt,the Secretary may: 1.Publish,or cause to be published,the names of contractors or unions which it has concluded have complied or have failed to comply with the provisions of this Order or of the rules,regulations,and orders of the Secretary of Labor. 2.Recommend to the Department of Justice that,in cases in which there is substantial or material violation or the threat of substantial or material violation of the contractual provisions set forth in Section 202 of this Order, appropriate proceedings be brought to enforce those provisions,including the enjoining,within the limitations SF:16-5215-142605.doc/rev 12/2016 40 of applicable law,of organizations,individuals,or groups who prevent directly or indirectly,or seek to prevent directly or indirectly,compliance with the provisions of this Order. 3.Recommend to the Equal Employment Opportunity Commission or the Department of Justice that appropriate proceedings be instituted under Title VII of the Civil Rights Act of 1964. 4.Recommend to the Department of Justice that criminal proceedings be brought for the furnishing of false information to any contracting agency or to the Secretary of Labor as the case may be. 5.After consulting with the contracting agency,direct the contracting agency to cancel,terminate,suspend,or cause to be cancelled,terminated,or suspended,any contract,or any portion or portions thereof,for failure of the contractor or subcontractor to comply with equal employment opportunity provisions of the contract. Contracts may be cancelled,terminated,or suspended absolutely or continuance of contracts may be conditioned upon a program for future compliance approved by the Secretary of Labor. 6.Provide that any contracting agency shall refrain from entering into further wntracts,or extensions or other modifications of existing contracts,with any noncomplying contractor,until such contractor has satisfied the Secretary of Labor that such contractor has established and will carry out personnel and employment policies in compliance with the provisions of this Order. (b)Pursuant to rules and regulations prescribed by the Secretary of Labor,the Secretary shall make reasonable efforts, within a reasonable time limitation,to secure compliance with the contract provisions of this Order by methods of conference,conciliation,mediation,and persuasion before proceedings shall be instituted under subsection(a)(2)of this Section,or before a contract shall be cancelled or terminated in whole or in part under subsection(a)(5)of this Section. [Sec.209 amended by EO 12086 of Oct.5, 1978,43 FR 46501,3 CFR,1978 Comp.,p.230] SEC. 210 Whenever the Secretary of Labor makes a determination under Section 209,the Secretary shall promptly notify the appropriate agency.The agency shall take the action directed by the Secretary and shall report the results of the action it has taken to the Secretary of Labor within such time as the Secretary shall specify.If the contracting agency fails to take the action directed within thirty days,the Secretary may take the action directly. [Sec.210 amended by EO 12086 of Oct.5,1978,43 FR 46501,3 CFR, 1978 Comp.,p 230] SEC. 211 If the Secretary shall so direct,contracting agencies shall not enter into contracts with any bidder or prospective contractor unless the bidder or prospective contractor has satisfactorily complied with the provisions of this Order or submits a program for compliance acceptable to the Secretary of Labor. [Sec.211 amended by EO 12086 of Oct.5, 1978,43 FR 46501,3 CFR,1978 Comp.,p.230] SEC. 212 When a contract has been cancelled or terminated under Section 209(a)(5)or a contractor has been debarred from further Government contracts under Section 209(a)(6)of this Order,because of noncompliance with the contract provisions specified in Section 202 of this Order,the Secretary of Labor shall promptly notify the Comptroller General of the United States. [Sec.212 amended by EO 12086 of Oct.5,1978,43 FR 46501,3 CFR,1978 Comp.,p.2301 Subpart E—Certificates of Merit SEC. 213 SF:16-5215-142605.doc/rev 12/2016 41 The Secretary of Labor may provide for issuance of a United States Government Certificate of Merit to employers or labor unions,or other agencies which are or may hereafter be engaged in work under Government contracts,if the Secretary is satisfied that the personnel and employment practices of the employer,or that the personnel,training,apprenticeship, membership,grievance and representation,upgrading,and other practices and policies of the labor union or other agency conform to the purposes and provisions of this Order. SEC. 214 Any Certificate of Merit may at any time be suspended or revoked by the Secretary of Labor if the holder thereof,in the judgment of the Secretary,has failed to comply with the provisions of this Order. SEC. 215 The Secretary of Labor may provide for the exemption of any employer,labor union,or other agency from any reporting requirements imposed under or pursuant to this Order if such employer,labor union,or other agency has been awarded a Certificate of Merit which has not been suspended or revoked. Part Ili—Nondiscrimination Provisions in Federally Assisted Construction Contracts SEC. 301 Each executive department and agency,which administers a program involving Federal financial assistance shall require as a condition for the approval of any grant,contract,loan,insurance,or guarantee thereunder,which may involve a construction contract,that the applicant for Federal assistance undertake and agree to incorporate,or cause to be incorporated,into all construction contracts paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to such grant,contract,loan,insurance,or guarantee,or undertaken pursuant to any Federal program Involving such grant,contract,loan,insurance,or guarantee,the provisions prescribed for Government contracts by Section 202 of this Order or such modification thereof,preserving in substance the contractor's obligations thereunder,as may be approved by the Secretary of Labor, together with such additional provisions as the Secretary deems appropriate to establish and protect the interest of the United States in the enforcement of those obligations.Each such applicant shall also undertake and agree(1)to assist and cooperate actively mirth the Secretary of Labor in obtaining the compliance of contractors and subcontractors with those contract provisions and with the rules,regulations and relevant orders of the Secretary,(2)to obtain and to furnish to the Secretary of Labor such information as the Secretary may require for the supervision of such compliance, (3)to cant'out sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by the Secretary of Labor pursuant to Part II,Subpart D,of this Order,and(4)to refrain from entering into any contract subject to this Order,or extension or other modification of such a contract with a contractor debarred from Government contracts under Part II,Subpart D,of this Order. [Sec.301 amended by EO 12086 of Oct.5,1978,43 FIR 46501,3 CFR,1978 Comp.,p.230] SEC. 302 a."Construction contract"as used in this Order means any contract for the construction,rehabilitation,alteration, conversion,extension,or repair of buildings,highways,or other improvements to real property. b.The provisions of Part II of this Order shall apply to such construction contracts,and for purposes of such application the administering department or agency shall be considered the contracting agency referred to therein. c.The term"applicant"as used in this Order means an applicant for Federal assistance or,as determined by agency regulation,other program participant,with respect to whom an application for any grant,contract,loan, insurance,or guarantee is not finally acted upon prior to the effective date of this Part,and it includes such an applicant after he/she becomes a recipient of such Federal assistance. SEC. 303 SF:16-5215-142605.doc/rev 12/2016 42 a.The Secretary of Labor shall be responsible for obtaining the compliance of such applicants with their undertakings under this Order.Each administering department and agency is directed to cooperate with the Secretary of Labor and to furnish the Secretary such information and assistance as the Secretary may require in the performance of the Secretary's functions under this Order. b,In the event an applicant fails and refuses to comply with the applicant's undertakings pursuant to this Order, the Secretary of Labor may,after consulting with the administering department or agency,take any or all of the following actions:(t)direct any administering department or agency to cancel,terminate,or suspend in whole or in part the agreement,contract or other arrangement with such applicant with respect to which the failure or refusal occurred;(2)direct any administering department or agency to refrain from extending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received by the Secretary of Labor from such applicant; and(3)refer the case to the Department of Justice or the Equal Employment Opportunity Commission for appropriate law enforcement or other proceedings. c.In no case shall action be taken with respect to an applicant pursuant to clause(1)or(2)of subsection(b) without notice and opportunity for hearing. [Sec.303 amended by EO 12086 of Oct.5,1978,43 FR 46501,3 CFR,1978 Comp.,p.230] SEC. 304 Any executive department or agency which imposes by rule,regulation,or order requirements of nondiscrimination in employment,other than requirements imposed pursuant to this Order,may delegate to the Secretary of Labor by agreement such responsibilities with respect to compliance standards,reports,and procedures as would tend to bring the administration of such requirements into conformity with the administration of requirements imposed under this Order:Provided,That actions to effect compliance by recipients of Federal financial assistance with requirements imposed pursuant to Title VI of the Civil Rights Act of 1964 shall be taken in conformity with the procedures and limitations prescribed in Section 602 thereof and the regulations of the administering department or agency issued thereunder. Part IV—Miscellaneous SEC.401 The Secretary of Labor may delegate to any officer,agency,or employee in the Executive branch of the Government, any function or duty of the Secretary under Parts II and III of this Order. [Sec,401 amended by EO 12086 of Oct.5,1978,43 FR 46501,3 CFR,1978 Comp.,p,230] SEC.402 The Secretary of Labor shall provide administrative support for the execution of the program known as the"Plans for Progress." SEC.403 a.Executive Orders Nos.10590(January 19,1955),10722(August 5,1957),10925(March 6,1961),11114 (June 22, 1963),and 11162(July 28,1964),are hereby superseded and the President's Committee on Equal Employment Opportunity established by Executive Order No.10925 is hereby abolished.All records and property in the custody of the Committee shall be transferred to the Office of Personnel Management and the Secretary of Labor,as appropriate. b.Nothing in this Order shall be deemed to relieve any person of any obligation assumed or imposed under or pursuant to any Executive Order superseded by this Order.All rules,regulations,orders,instructions, designations,and other directives issued by the President's Committee on Equal Employment Opportunity and those issued by the heads of various departments or agencies under or pursuant to any of the Executive orders superseded by this Order,shall,to the extent that they are not inconsistent with this Order,remain in full force SF:16-5215-142605.doe/rev 12/2016 43 and effect unless and until revoked or superseded by appropriate authority.References in such directives to provisions of the superseded orders shall be deemed to be references to the comparable provisions of this Order. [Sec.403 amended by EO 12107 of Dec.28,1978,44 FR 1055,3 CFR,1978 Comp.,p,264] SEC.404 The General Services Administration shall take appropriate action to revise the standard Government contract forms to accord with the provisions of this Order and of the rules and regulations of the Secretary of Labor. SEC.405 This Order shall become effective thirty days after the date of this Order. SF:16-5215-142605.doc/rev 12/2016 44 Bond No. 1001097165 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS City of Huntington B@ach(hereafter refe red to as"City") has awarded to Corral construction & Development, Inc. 5211 E Washington B1 #2-122 , Commerce, CA 90040 (name and address of Contractor) (hereinafter referred to as"Princi al" ,a contract{Contract")for the work described as follows: MSC-528 Central Li�rary Restroom Access Compliance_ (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 U.S. Specialty Insurance itompany 801 S Figueroa St #700, Los Angeles, CA 90017 (name and address of Surety) as Surety,are held and firmly bound unto4 City in theenal sum of OneHundredForty—OneThousan&NineHundredNinety—Nine dollars($ 1 4 1 i ),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 worst or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code,or any amounts required to be deducted,withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract,Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. PAYMENT BOND Page i of 2 15-4584/117357 Bond No. 1 001 0971 65 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. July 231 2019 Corral Construction & Development, Inc. ATTEST (Corporate Seal) (Principal Name) Y� Name: rnest 1 President Title: ATTEST U.S. Specia Ins ranc C m n (Corporate Seal) urety Name) Name: t31aKe A Pfister (Signature of Attorney-in-Fact for Surety) 310 649-0990 (Attach Attorney-in-Fact Certificate) (_) (Area Code&Telephone Number for Surety) APPROVED AS T M: By: hael E.Gates, ity ttomey C� Note: This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any person signing as attomey-in-fact must be attached. PAYMENT BOND Page 2 of 2 15-4584/117357 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT CML CODE§1189 A notary pub*c or ow officer coff*ft this catificate verifies only the ider*of the ir>cWKkd who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Califomia ) County of o L a n,g e ) On July 23 , 2019 beforeme Lianne Nahina, Notary Public Date Here Insert Name and Title of the Officer poll, appeared Blake A. Pfister Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(40 whose name(s) is4W subscribed to the within instrument and acknowledged to me that halSh IWAV executed the same in hWM*W authorized capackyW,and that by his/Ilfef O MI`signature(b)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 `yE►t Of'ti��f LIANNE NAM is true and correct. N t COMM.#2134629 :0 NOTARY PUBLIC•CALIFORNIA; WITNESS my hand and official s' ORANGE COUNTY N MY COMM.EXP.DEC 5,2019 � Signature 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. Des""on of A#w4)ed Doclun>lent Title or Type ofinerrt: Bond 10 01 0 9 716 5 Document Date; July 23, 2019 Number of Pages: Signer(s) Other Than Named Above: N/A , None C o")Claims by s) Signer's Namme: Blake A. Pfister Signer's Name: ------- *Corporate Officer — Title(s): ®Corporate Officer --- Title(s): ®Partner — 0 limited 0 General 0 Partner — 0 Limited 0 General Individual IN Attorney in Fact 0 Individual D Attomey in Fact 0 Trustee Q Guardian or Conservator Ci Trustee Cl Guardian or Conservator EJ Other. 0 Other. S2 e c i a 1 t y Signer Is Representing: 02014 National Notary Association•www.NationaJNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 - 1 _ _ _ _ '.. ' IIII I'I 11 III ' I • i:. _ _ _ - - __ TOKtOMARINE NCC - J Ilu ull l POWER OF. "_okkEY AMERICAN CONTRACTORS INDEMNITY COMPAN„ OMPANY SI DINGdIG Y TE NCE COMPANY - BON UNITED STATES SURETY MANY U S SPECI�II; ���I��IIII��������II ��I�����I IIil11�11;i1� 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 lJnited States Surety.Company;a M-aryland corporation- ' and U.S. Specialty Insurance Company, a Texas corporation(collectively,.the"Companies"), do bythesepresents:make;;constitute and appoint: Blakefist°eiirl'of�Misslon Viejo California _ l — ' h L I _ — - _ _ its true:and-lawful Attorney(s)-in-fact,;each in.,thein eparate capacityaf more'than one is named above witti�full power and_authority `hereby conferred.in its name; place-an stead; to.,execute acknowletlge antl tlehver. 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 *****Five Million* Dollars ( ***$5,000 OOQ:00*** )._This Power of Attorney shall expire without furthi r,action'on,Apnl 23rd,;2022.,This Power of Attorney:is granted —_ - = .: Il llll lli����alll 1111111111111 uu'�II �� IIIIII IIIII�I I I I k — _ under and by=authority_of the following resolutions_adopted by the Boards of'Directors of;the Colmpanies: -- = — 91!11161IIh Illl l l II ;IIIIIII Illlllllllll:d l 111 l — — — _ e- lul n Assistant Secreta shall be and_is hereb V in n ne=or more suitable ersons as Attorney s-in-Factll o u�����,���r ry d — y ee rt,Reso/ved that the_-President,an Vice-President,an Assistant Vice President,an Secreta o,r a to re resent and act for;and on behalf of-the Y Y - - Y rye.„ vested with full power and authority to appo t a y o .R.. Y( ). represent 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 p g is for the release retained ercenta eland/o mates on'engmeermg and construction contracts and any and all notices and:documents r final esti n I' or= rminatin the.Company's iabilit ml llum�", I li l 1161�,,,�,lll = 9 9.= Y • - —inIIII. I:lll l n ;such instruments so executed by a_ny such.Attorney in Fact hall be binding upon and a y - ca ce in toI thlellrleunldlerl' IIII — — and 6eale ectedl;l by the Corporate Secretary p y g d and at he Coman as rfsi nedby the P.resitlent",III(IIII ! uglllll. WIIJllllh III IIII III = s - Be r-Resolved; that the signature;of any autho,ized�Ioffcer and,seal of the Company heretofore or hereafter affaxed to any power of attorney oryany — = r certificate relating' thereto byfacsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall`be valid and binding upon the Company with respect to°anybond:or,undertaking to.which it is attached IN WITNESS WHEREOF,The Companies have caused this_instrument to besigned and their corporate seals to be heretd:affixed,this S2 Y= - — _ III �,II:�lull��gll�ll Ipl IIII III 'IGI I'lll�111h III Illll.11llllll'llllllll 1 da of June 2018 - _ UNITEAMERD SeiA SURET�(S�IN PANY tJa&;$PECIIAI TEIXA1 URi4NCE(COMP ANY .. �,t&progy. HffiraQ r; - a*',r,5 Stttttryd ,�,w tnwFA'r 911 ill i' INou III. off. ry's, O C a O State of California r< y �� a +• A NY U -wWavaissw Z X D O N 4 ::. �, sEvr zs,tow.n rt .c r r•A a r a,., Vos County of Los Angeles '• s s, y �, �r s BY Daniel P.';A.k ar,Vice President- ._ .,_nrr i�..,.:i !nlerOunr 'tlllllll614ro- ."Rannm ,... ....: nmsw _ - _ -- — _ - — _. .: ; 'IIIPIIII'I '14'llll',II'dflumi ,vll Illlhi;Illluopui Illlllll�ul':"II'Ipllllh r ': = _ — - =A Nota Putibe or other.officer,complebng this certificate;venfies,only ahe rdent�ty=of the-individual who signed the document to= W111C11=t111SCe/flfCat@=1SattaChBd,�alldllnotlttld�lll ��llu bmull umog`ll�luhl :. _ - ' °truthful __ _ Hess Ilaccurac _or valid► of that document Orr this 1 st da of June;2018;:before me Soni I Ilum oil I . y a O Carrelo a notary public personally appeared! oriiel P Aguilar Vice President:of American Contractors indemnity°C6npany;Texas Bonding:Corn United States.Surety Company and lJ 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 __ - -9 _ _ _ p y~ � I his signature on the .instrument _ _ , and 't at by and-acknowled ed to me on t ehalf of wh ch-the- er on acted executed Uthe n trumentVi ° I' the erson or the ent t upon b = p. - 111 P _ - Y p — I &iti =under PENALTY OF PERJURY under the laws ofth'e State of Califorllriia.thatlllthe:fore oin ara ra h is true and correct ty - 9 ,g.p, g. p — _. WITNESS my hand and official seal. - so�4. u,o.uRREJO • - Notary Publfc-tallfornPo j° ~• IAsMNles county ,-II .ComrnlssW{'2t19479 . I. I r 7 MY.Lamm G�pIrnACt=i3 24�1 _Signature seal)IIII _ - `:. IIIIIIIIIIII ! lldl 'l I�oll�llll,,,1'p114 I,Jllllll,l I -:_- J, Kio-Lo AsststantSecretary, American Co ntraletorsl,Indemnity.Company=Texas Bonding Company United `States Surety Coin an and-U S.-S-ecialt;Insurance loin an I�do 'IIII. Imll IIuI p Y _ p °hereb certi that the,above and fore oin is-aarue and.correct co of a Power of Attorney, executed by said CompanlllC p yl y ty g g PY. y ou III,II. Ies, which is.still in fulfforce:and effect;furthermore;'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.m_y hand_and affixed the seals of•said Companie's at Los Angeles California this 23r_d day=o_f Ju-1 — 201 9- — plllll ul u m �w ,w�u a a nl III III I: o gA Ok a a typ_7 a COrpOrate_SealS 10010971 ny—e° c� a�<ETya� 1�yltpll�wrw �� 00 097165 Bond No. 4 xcoaroaa co Q�z x f Y a y° F k t°3� w 2 W y r Agency.No. 3074. �4ioott�� `"Te fir s •` Kio Lo Assi Secretary silly jl ,llllll '�j il'lllii .l - - _ HC6SNI"POA06/2018 — IIII visit ltmhcc rm coin/surety for more infoation - _ 4ilhglululu,li„ - - D cnm DD D DGi n e . . • . e • . • • e e . • • e (n x m y o m D�cnmDD(-)i p > D�InmD Dn i n �p � w a. o,m o o m o T '7 4 Y x 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 County of Los Angeles On oklas /)01 1 , before me, Vache Amirian , Notary Public, personally appeared 5.4ej70 (10.frdc ) who proved to me on the basis of satisfactory evidence to be the personk,*� whose name's/are subs ribed to the within instrument and acknowledge me th�/sfre/tlrey-executed t e same i s/l�t�"r authorized capacityties), and that by<" �hcr/tl�r signatures on the instrument the person(sj;br the entity upon behalf of which the person(s)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. VAC NI �MIRIAN Nc*ary Public California LosAngelesCounty c�T l>Sion;22'5669 - WITNESS my hand and official seal. J- My Ccr gym.Expires Apr i 7,2022 SIGNATURE PLACE NOTARY SEAL ABOVE ............................................................................................................................................................................................................................................................................................................................................................................... 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: CONTRACTOR'S SWOkN- STATEMENT AND WARWkNTY 'REGARDING CONTINUING INSURANCE OBLIGATIONS FRom: Co"AL C-0tA5:%-&Lk C&WT YU411 MUV4_ PR03ECT MSG 5'7-? (Contractor Name) P-Clint-0�._' � t.?aSWJN114;Z7JJ FLA/0 (Street Address) &0 V^M G VU4 CA '10-0 44 0 (City.statearid zip) TO, CITY OF HUNTINGTON BEACH ...........11................ .......... .................. DECLARATION Ana ched hweteo is a I"and correct copy of the ant Certificatv of Ins mace&)d AddDoiVA Insured Endorsement CG 2010 1.85, which CleMficate comMies with the insurance rEquirem"of tc Q:intract by and between the City alf, HUntJrqW Bwch('Cityl)&i-d Toe abooe-nwrizd Corivxw MontiraCW for the aWive-dewitiLld prp*d("Vtoj0d). i&e,&L,umkr peiafty or per py the t&6 cf the State of Cekfomla that the alocve 5totmieriL Is tnik and corttd. Signed on AwG491-6, 20at UWPICOIL , -CA (Date) (City,State) ........... (5igr18tR01i(jn6W1'dual Wtv is Making Dedaraw) ............................................... WARRANTY Contractor hereby warrants and a7e�to maintair koducts and Con ed Operations Irisurance in cornphancemth the msurance reqwrements of 1he Contract for the Project Said insuravLt,hall be matintained through and uritil the expiraton of all V1xTant!es prow xW try Contractor. Said inwnance!#iall contain Afttiz)nd Irswed Emits ent CG 2010 1185,naming City as an actKional insured. Corivador shall supply W City,,an at least an annual toss,a Certiricate of IrLkvarice and the aforemenDoned Endorsement evidencing continued coverage which meets Ow Contract requirements, COMMOLC-6 ICA (Date) (city,stiltv) OONTRACtOR: N."K. c'D"'kii- 6 T (-.?-r I'v, I Tift This form to be turned in with Payment Bond Bond No. 1001097165 U Premium $4 , 260 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as"City")has, by written agreement dated 201 entered into a contract with Corral Construction & Development, Inc 5211 E Washington B -1 2 Commerce, CA 90040 (name and address of Contractor) (hereinafter referred to as"Principal"),for performance of the work described as follows: MSC 528 Central Library Restroom Access Compliance (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full;and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt,full and faithful performance of said Contract, by a duly admitted surety insurer under the laws of the State of California(hereinafter referred to as"Surety");and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from A.M.Best,Moody's,or Standard&Poor's,to validate that Surety has positive ratings of being secure or Stable;and Surety is registered and listed with the California Department of Insurance, NOW,THEREFORE,we the undersigned,as Principal,and U.S. Specialty Insurance Com an 801 S Figueroa St 70 , Los Ancfe es, CA (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of OneHundredForty- OneThousandNineHundredNinety-Nine Dollars($ 1 41 , 9 9 9 . 0 0 ),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. 1001097165 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: July 23, 2019 ATTEST Corral Construction & Development, Inc. (Corporate Seal) (Principal Name) Name s o L'orr�— Title: President ATTEST U.S. Specia I �urance Company (Corporate Seal) urety Name) By: Name: P ft S t gT� (Signature of Attomey-in-Fad for Surety) 310 649-0990 (Attach Attorney-In-Fad Certificate) (—) (Area Code&Telephone Number for Surety) APPROVED AS TO F f By. ichael E.Gates,City Attomey t� Note: This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any person signing as attomey-in-fact must be attached. PERFORMANCE BOND Page 2 of 1 5-45 8411 1 71 7 4 CALIFORNIA ALL 40URPOSE ACKNOWLEDGMENT CIVIL CODE$11t9 ------------ A notary pubic or Ow officer comp tiN this catificate vwifies only the identity of the individual who signed the document to which this cwti ficde is attached,and not the buftilness,acm racyr,or validity of that document. State of California ) County of _0 r a n g e } On July 23 , 2019 beforeme, Lianne Nahina , Notary Public Date Here Insert Name and rude of the Officer personally appeared Blake A. Pfister Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(f whose name(s) is/ap subscribed to the within instrument ,and acknowledged to me that heJMWWO/ executed the same in hisJ000W authorized capacdyW,and that by him signature(6)on the instrument the person fA, or the entity upon behalf of which the persorn($)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph LIANNE NAHINA is true and correct. �aE►`;..'�RC1 N Q COMM. #2134629 ;G WITNESS my hand and official seal. m NOTARY PUBLIC-CALIFORNIA 'F ORANGE COUNTY °Suom+ MY COMM EXP.DEC 5,2019 Slgnatt 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. Descxkyt m of Attached DocumeW TMe or Type of DocuTer d: B o n d 1 0 01 0 9 7 0 6 5 Document Dom. July 23, 2019 Number of Pages; Signer(s) Other Than Named Above: N/A, None Capacity0es)Claimed by Stgier(s) Signer's Name• Blake A. Pfister Signer's Name.• -------- 0 Corporate Officer — Tit{e(s); 0 Corporate Officer -- Ttle(s): 17 Partner — Q Limited Ll General ED Partner — 0 Limited 0 General IJ Individual ®Attorney in Fact 0 Individual 0 Attorney in Fact Cal Trustee 0 Guardian or Conservator 0 Trustee O Guardian or Conservator Other:_ 11 Other: Signer is Representing: U.S. S 2e c i a 1 t y Signer Is Representing: assurance Company M014 National Notary Association -www.NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 ,1.,1-.-iII�1!.t,��,iI 11i"i�:-1-I,1%I1"-,�i 1,;:-':�.I.1.1I.7cI�1��11,III—.1I'�:-I,I17�-,�.--.I..I�;�1`,-II"A:�.-;:I1t,:1 t-,I i 1I�i i ��lul IIII �u I�'1.�:���"1:��,1--�I=�'I.-_I,-ti.4,.i'—��..;'11�v,l-I�1.,�%�z,�Itt-1:��v-,i,:1�,�:;.:,,,�, y, �11,1-�tI.I.t':-I1I,.."--..,—1 !":z1 a-1-1�.��-11�,,*��,��1��i i�...,"1t;,�-�11t�"I,�I,. UIt�MARINE. .. II Jl LIII III,IIPI '; ..�i.—�Ii—.�I_-1.'�,—�1.!i-l:i-..I�.�j�,..1,I j--,��1�T:.�t�� -�.-X,,-,.-jo.I.-1.�-.I-:�,,1:t�1�,-"���,--.-IL.�i:-�.,i�:"�Ii,,,��"..,_.II�q--,�,`" -.1-1�,1.;lz�:.�,i,��-1��,1..1.;--I��1 iti;1 i-i11-:�..,:,1-:t��.:r�I �1.lI:—t,����,=.�l11.�,�N.:1iiI;,-1:,I�t ��1:i,.�l-�1.:��-=..��-:�-1:ii..I�,�1 ;,,,.....1:l�.-;I.;,ii;1-til.i.I��1.-i�:7,:,-:l--i1zt1.:rl;Mt.,:..1f..�ii1',1;tNt!"':I.:i l.-rt��-1t�.�tnl��::i,:_,-l:;,,l--.��":I1A�t..1-:l,1:t".,. �-..i:%..:":i.l:'��,t1�':t,�--..11�l:Y--�1i�-:ti�i.!;-,-t�1,��1-1-i�-t:._.4�;1%'.ii,!-Ti:-::i1�:�t_:.-:i.!.1��".i!i; i%:.:.::-l":tt�-�,1"t:-.,�t--iI:;1.3...11:11.--',.-.�.::t,tti�t,"-.;:-t:-�,!t4:.�:i-z-l.:1.-:.:1.1.`1-t�,-,.'�-i".�:,;"V�!"I-,�:,�i.-;�i..:-iI""..��l:t�;w11:.`.,it,�-t..�,:-�,���!-�i:Z��::,it t.1�1I.t:*I::Z-;�: : POWER OF.,1 t!1-�;,�-i 1;t�-�,�;:�:i;�%l!I;:.z�-1i!-�--1�*1,1 1:,;.i 1-tf,I::1,m"-1-1i,.'_i,�,z.��,!!�.1.�,�1:�:tt-�,�-:.1:-..�:;�-,.;�:lt�i�1ii1�-,. ATTORNEY ti,-1,��I'l�I..i:I it.::�1 i:.Ip�1-i�I:,�Itt.-�1.,tiI�-!�--1-,�,-I0�1 I.! oN AMERICAN CONTRACTORS INDt=�i WJ..,Y COMPANIY TEIXASIIIBIIIING1IIC�OIil i_IIitI t`.���I ii-.:.::.i, .1.:t1.i::I�:t I..t.1:..�1,��-i,:,-.,,1�.�.-I.-1"0;-�1�'tl'.I��,1 4�1.��:-;.1..i�-i 1i-.N',...�i--1-�.-�.-.--t:�1'�"�Ii'"i I1'..l1;";:.,�-,iji,1-,`:i'.t t:Ivi..-tit1.I-...l,,1.::;;i!.:,,1�...t-1�I:1,V�I-L�tt�,-��i::;,-1I.��ti��n:I=5—��1 .�.II':�.--,,.:1;�1--t��I'ity��i�-.�;1-:- l;.it,1...,-t�.�;;;i:1�-i...!I.-1--,1��0-ii,z:.�";l--;:i...�:�:.t.1._�i"-��t..�,'-:-1!.t�-�-1 I:!.,,M—1-1 l�-�..i l:.-ttI�I.�.�...�;�!��.,I,-�l���� UNITED STATES SURETYZ@UPANX U S SPECIIIAILTY I�7!r-df $? � MANY •... . I � I , - lllfll KNOW'ALL MEN B.Y.THESE-PRESENTS That Amencan Contractors Indemnity Company a California poll tabon1 T�xas:Bondmg Company anassumed name of Amencan Contractors Indemnity Company United States Surety Company:a M aryland corporation „ and US. Specialty Insurance Company a Texas co"rporation:(collecfively the Companies) do by these presents make constitute and appoint . . e A P I:Mlssion Ulef Cahfornla _ I� — fisterllJof _ II I�I - �L,II Y( ) its true-and-lawfiI Attorne s-m-fact, each in t heir separate capacity if more tttart oore+s 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, amentlments, and consents of surety, providing the bond penalty,does not exceed *****Five Million1, Dolla s *** *** _ p �d''2022.;Phis Power of Attorney is granted ( $5,000 000:00 )_-This Power of_AttorneyAhall E4ire w+tl out further action on A nl 23,I, ou ul ,Iu uI IIII lu y - brs:ofthe,Campanies , i lect - _ -- U Illrl II.III IIII II under antl b auftji _of the followi resolutions adopted b the Boar soil 8e=rt=Resolved.that the President:an Vice-President,an Assistant,,, President anyl Secretary or any Assistant Secretary she#1 be a+�d_i,—' 'b€ y_ nth Y -_ Y — — Y dIII vested with full power'and authority to appoint anyone or;more suitable persons-0 Att Ir'n'ey(s)I,,Fact to represent and act for and on behalf of the Company subject to the following:pro visions Attorney-in=Fact;may be given full power and authority for and in the name of and on behalf of the Compan to execute acknowledge and deliver any :: and altbonds,.[ecognizanc- -contracts,::agreernents or indemnity and other conditional or obligatory undertakings including any and all'consents Y p n,engrneerrng and construction contracts and;any and all notices and documents for.the release'tf retained. ercenta es>and/orfilnallll lestimatesll°IIIII,III _.... .a. P Y y and anylsuch instruments o exec ted sy"a+y such Attorney in Fact shall be b, ing upon canceling or terminating theCom an 's;liabilit thereunder, dII,ulllrllu l = y gned y and,sealed antl effected IIIby the Corporate Secretary the Compan as if si b'the President LIII gltll 111 IIIr''III'pII lI V'16 'IIUIIII III IIII " ' - . Be itResotved, that the signature of any"authonzedl�offcer land seal;of the Company heretofore. 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 val,id'and binding upon the Company with respect to any bond or undertaking:to which'it,,is attached p' g it corporate seals to be hereto affixed this - —IN WITNESS WHEREOF,The Com arnes have caused this instrument to b.... nediand.the 1 tlay=of June=2018 — — —_ u111I I II'll111I II III o III�II�II IIUIIII I III I - - - AMERICAN-CONTRACTOMNDEWil ' COMPANY I IITIEX S BOINDINGIIOMPANY _ UNITED S�AT'�StJRETXw &J PANY t i 'ItECIAI i 4IN�t URANCEI ..q NY a� RaF�Nr� � F �Uasur �llllllllll State of California: _ - , _ + <� �, ". �� County of Los Angeles $ � a; , r„ �r � s t � rx4, *�� � � # 4=� �'• Daniel P Aguilar,Vice President By .. Ola r '"'Il'�IIIII II +Mrr,yAVe*t II IIUIIII 'ii kr3ktU5f s, ....". .:.,fi 141 '—� ..: :. - rpg llll!III'!Loll l!,..III I p Illl'!Ip'liipiiii II III IIu I•IIII!IIIII III .,,, -A Nota ' Publ+c or other officer coin lefm (this certificate lvenfies:only the=identy==of therdrvrdual who signed;the document to- ry p . g I, �lll VI uu,u, ". W#dffl his certificate is attached, and notI th Il trutli°fuM&:111s,l accurac:,;lor;validi of that document ... . _ - - - On this 1 da of June,201'8, before me IIISon' S+ y is O. Carrelo a;notary public personally appeared D'arneLP Aguilar,Vice Presidentof . . 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 n`a'me is subscribedjotthe;within instrument " .... . • and that b ;'his signature on the mstrume_nt and acknowled ed to_me that he:executed'_the.same ire his authorized ca acit ,III y LI Y the erson orthe entit upon behalf _of which=the erson acted executetl thle mstrurnentlil hI <. — ... e!II IIIIII !�lll III h Illllllll' I certi 'under PENALTY:OF PERJURE under the laws o the State of Cahfornla thatllthe foregoing paragraph is true and correct= fY , `:'WITNESS:my hand and official'seal +!ao .. , jt cactra .. : = :1 2 .1 III III Hatary li 2239479 Ccu�anNslan p S+gnature - :I' I P "IIII seal)VII �xo�z 11 - -.. .. - 1 Kt !=o �4ss #ar+t ecreta "Am�Ier I alnl !IC ticaat I�IIIsI Indemnit Com _Texas Bondingimompany Ufiim States.�Surety ,. U - ry .,,"_, .,IIII Vum.::dul,Il m plsll'ulu.lull'lllqu.•:. _ . ;,Y• ,�.�.., Company and UI..Specialty insurance II ompany ldollhereby certify that the above acid foregoing is a true and correct copy of a Power 'of Attorney; executed by said:Comparneslll which is still m full force and effect furthermore the resolutions.of the Boards of Directors set out in the Power of, of ey•are rii'full force and effect , `=1n--Witness Whereof; l! have a ereunto set mX hand_and"affixed the seals of said ComLLpanies at Los Angeles California this III. UI U 23rd=day_of July1 III ulll — .. .�pH+K" tNph Adk� b'�i t�yitrerd+rr tr lilt 4 '.i +trtu Ill ,r,, ) ;; .. 1:".: P-''kppGTtt:9g a a`4�i51k(� a $$ttit,' +"" 4 Odra L III - Corporate Seals:' �„ , �°.. � , , ssI Ill u! 1 001 0971 65 Bond No _ ! of � s1 .. ... y BEMC f +b ,fit gfi� Agency No 3074 . " . . u+;�oa ' ` +r ... :.. .:: . . rrrn an rrri� .+ `rr+r»*ur r��Y qa xH�'3.$ r Secretary Kio Lo Assi II III II _ �- - �� I �'I III ��l HCCSMANPOA06/2018 uisitl trnh c coin/surety for more rnf�rmat+an III pr of III III - . . ' 1 - � \\\\{\\ \\ \\ \\ \� ID 0 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 County of Lo s Angeles On );-Of? , before me, Vache Amirian , Notary Public, personally appeared 51-4elk who proved to me on the basis of satisfactory evidence to be the persoil(&)-whose namPesame are sub ibed to the within instrument and acknowledged to me thi /sl�e}the -executed t i2; s h6r7their authorized capacity(-ie�), and that b j l* /thrir signaturo(s)-en the instrument the person(sj,or the entity upon behalf of which the personf s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. \/ACHE AM1kIAN Notary Public•California z Los An.eles Count n L i - � commission r 2235069 WITNESS my hand and official seah,, My Comm.Expires Apr 17,2022 SIGNATURE G ATURE PLACE NOTARY SEAL ABOVE ............................................................................................................................................................................................................................................................................................................................................................................... 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: Client#: 1291580 305CORRACON ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 8/01/2019 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 any rights to the certificate holder in lieu of such endorsement(s). ONTCT PRODUCER NAME: Angelique Lopez BB&T Insurance Services PHONE 714 941-2829 ac,No): 877'297'9259 A/C No Ext of Orange County E-MAIL, : anglique.lopez@bbandt.com 2400 E Katella Ave Suite 1100 INSURER(S)AFFORDING COVERAGE NAIC# Anaheim,CA 92806 INSURER A:Colony Insurance Company 39993 INSURED INSURER B:State Compensation Ins.Fund of CA 35076 Corral Construction&Development Inc Ohio Securit Insurance Com an 24082 INSURER C: y Company 5211 E.Washington Blvd.#2-122 INSURER D Commerce,CA 90040 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. ADDLSUBIINTR TYPE OF INSURANCE NSR WVDR POLICY NUMBER POLICY M%D/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X 101 GL000316105 12/08/2018 12108/2019 EACH OCCURRENCE s2,000,000 CLAIMS-MADE Fx OCCUR DAMAGES( RENTED PREMISES RENT rrence) $50 000 X BI/PD Ded:500 MED EXP(Any one person) s5,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 PRO- X POLICY I�ECT D LOC PRODUCTS-COMP/OP AGG $3,000,000 OTHER: $ C AUTOMOBILE LIABILITY X BAS57476683 12/08/2018 12/08/201 Ea accident SINGLE LIMIT 1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE $ X HIRED X NON-OWNED Per accident AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR - EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ B WORKERS COMPENSATION 903611818 12/01/2018 12/01/201 X PER OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1 000 000 OFFICER/MEMBEREXCLUDED? F 7Y FN/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1 00O 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1 OOO,OOO DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Huntington Beach, its officers,elected or appointed officials,employees,agents and volunteers are included as additional insured as respect to the general liability pp 9lP4kVWlFftbb written contract.Specific Al endorsements to follow. BY' N�ItHAEL c GATES CITY ATTORNEY Rur_ MACH CERTIFICATE HOLDER CANCELLATION City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y 9 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main St. ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S24099366/M22554047 ATMAR 101 GL 0003161-05 ENDT.#001 EFF: 08/01/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement Premium $0 Surplus Lines Tax $.00 Stamping Fee $.00 Total $.00 POLICY CHANGES POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE 101 GL 0003161-05 08/01/2019 Colony Insurance Company NAMED INSURED AUTHORIZED REPRESENTATIVE Corral Construction & Development Inc. Craig Comeaux COVERAGE PARTS AFFECTED COMMERCIAL GENERAL LIABILITY COVERAGE PART CHANGES In consideration of the premium charged, it is understood and agreed that the policy is amended as follows: Premium for the following Coverages is Fully Earned: 1. One (1) Additional Insured is added to the policy per form U156 03/10 attached. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED r� Authorized Representative Signature IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 Copyright, ISO Commercial Risk Services, Inc., 1983 101 GL 0003161-05 ENDT. #001 EFF: 08/01/2019 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) (Additional Insured): Location(s) of Covered Operations: City of Huntington Beach, its officers, elected Per Contract and/or Agreement or appointed officials, employees, agents, and volunteers 2000 Main St Huntington Beach, CA 92648 A. SECTION II—WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s)shown in the Schedule for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury" caused, in whole or in part, by: I. 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. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: Additional Insured Contractual Liability "Bodily injury"or"property damage"for which the additional insured(s)are obligated to pay damages by reason of the assumption of liability in a contract or agreement. Finished Operations at Work "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 world'out of which the injury or damage arises has been put to its intended use by any person or organization. Negligence of Additional Insured "Bodily injury" or"property damage" arising directly or indirectly out of the negligence of the additional insured(s). U156-0310 Includes copyrighted material of ISO Properties, Inc., Page 1 of 2 with its permission. 101 G L 0003161-05 ENDT.#001 EFF: 08/01/2019 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U156-0310 Includes copyrighted material of ISO Properties, Inc., Page 2 of 2 with its permission. " Surety Group TOKIO MARINE 801 S Figueroa Street,Suite 700 R __..._........_................................_............. Los Angeles,CA 90017 USA H C C Tel:310-649-0990 Bond Number: 11-791-039 BID BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, Corral Construction&Development,Inc. (hereinafter called Principal), as Principal, and American Contractors Indemnity Company , a corporation organized and existing under the laws of California (hereinafter called Surety) as Surety, are held and firmly bound unto city of Huntington Beach (hereinafter called Obligee) as Obligee, in the penal sum of ten percent 10 %) of amount bid not to exceed tenpercent of the penal sum of the bid in-------------------------------------------------------------------------------------------------------------------------- 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 MSC-528 Central Library Restroom Access Compliance 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 and sealed this 13th day of June 2019 Principal: Corral Construction&Development,Inc. By: / Surety: American Contractfo/rs�jpdemnoCompany / 7"t By: !. Blake A Pfister, Attorney-In-Fact Any claims under this bond may be addressed to the Surety at the following address: American Contractors Insurance Company 801 South Figueroa Street,Suite 700 Los Angeles,CA 90017 Attention: Claims Department Tel: (310)649-0990 E-mail: HCCSZZA_BIDBOND 7/2017 Page 1 of 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE 1189 A notary Public or officer compleng this caifca a verifies only the identify of the individual who signed the doctmwnt to which this certificate Is attached,and not the tuthft4new,accmacy,or validity of that docarrnerrt. State of California ) County of Orange ) On June 10 , 2019 beforerne, Lianne Nahina, Notary Public Date Hens Insert Name and Title of the Officer personally appearedBlake A. Pfister Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(* whose names) is4AV subscribed to the within instrument and acknowledged to me that he*ao** executed the same in hisJlNJIhdIIr authorized capacity#",and that by his W MriMif>if signature"on the instrument the persono), or the entity,upon behalf of which the person($)acted,executed the instrument. I ce;*under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. °`'N LIANNE NAHINA WITNESS my hand and official seal" � Yam` F3 T COMM. #2134629 X ® r NOTARY PUBLIC-CALIFORNIA�I ORANGE COUNTY N ��'��-�'�-C'Signature °ac Qom+ MY COMM.EXR DEC 5,2019 Signore 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 fort to an unintended document. Description of Attached Dommwwt Title or Type of Document: Bid Bond 11-7 91-0 3 9 Document Date: J u n e 12 , 2 019 Number of Pages: 1 Signer's) Other Than Named Above: N/A, None CY )Cleitfted by ftrmwW Signer's Name: Blake A. Pfister Signer's Name: ------- 0 Corporate Officer— Title(s): 0 Corporate Officer Title(s): 0 Partner — 0 Limited 0 General 0 Partner— 0 Limited 0 General 0 individual . 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ®Other. 0 Other. Signer Is Representing: American Signer Is Representing: Contractors n emnity Company 02014 National Notary Association-www.NationeiNotary,org-1-800-US NOTARY(1-800-876-6827) Item#5907 — pIU111 q 'III' TO10MARINE — !III I p (IIIIIIIIIII = — �IIIIIIII POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES S,I RE�Yell' ONINY U.S.SPECIALT-)LINWRANC COMPANY IIIIIIIIIIIIIII'911!III h II�Illi IIIII III. I Idl—KTOIfAl�MELBYTHESE PRESE�NI a rC bntractors Ind-emni maltfornia corporation Texas Bonding 'l1llIIl!�IIIII111111'.. 'OMill))) 'dlll9 "11VwJluo __C mpany,an assumed name of Amenlca Contracjors Indemnity Company ed�tates Surety Company,a M arylandcorporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the"Companies"), do by these presents make, constitute and appoint: Blake A. Pfister of Mission Viejo, California ii IUIIIII III. llulppl Iglllllllllh IIIII,ud ll � II!II 111III _it0rue-and lawfuLAtt-orney(s)-in-fac�khIffi r a _apacity if molull .t Iln II'I�I el �1lsl llllilui III Illlpll 'llillllove, with fullpov�e as th -hereb_y_conferred- in its name, ply= cite d o xecute, acknowle ,g l lan,4tl dIVe� )any and all bonds�co�nizar ear undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Five Million*'*** Dollars ( **'$5,000,000-00*** ).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 resolutio do, o ted by the Boards of Directors ofAhe C-ompanies: Ba Reso�ed3 tat�h =President, any V."'IIII 10ielsll'Mlle ''', aVlnl!�Illlls'sl' l tVice-President s- ee t 60Ms�stant Secretary shall bearad is herd=y =veers er�wtul=_ower-mod authorityto 'II}Ipo9II! }IIII ol`�I°'o��illl�m°o1°I sll!Itable persons attm � Facrepsent and act for_- non behalf ofe — I'IhiII•"�� �I °IuIIIIIIIIIl111111111`IIIIIIIIIII 9°I'""" — — Company ssilthe following provisib;,r1s 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 te7mmating the Company's liability thereunder,and_�ny such instruments so executed)lllly any lunch Attorney-in-Fact shall be binding upon -the Company as-f signed by the Presidentan sWedg-0- fer_- & by the Corporate 11111 � e .g — of the p vll ofe 6-ill ullf r0i h IeIl�ll �f�ixed to any pavrcera3urrteoey= =g - y k - = y �I acs V Mlle Is�n,ailal}lure for falcsimile seal shalFh"al�nTbt rtg_ -�rtfi atewh orelatin h thereto b afacsimile�anzLa rp wer �eCf�tar eS -or certific to bean.9,III IImiui 1.,,,,Il u upon the Company with respect to any bona 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 1st day of June, 2098. AMERICANI�1I �l,l °1 111, ,I„�'„ N,I IIIIIII MNITY COMPANY EXASBi�[�4D WE MPANY CON R CTO S I DE UNITEDS ' a $i NY tbSSu„$PEG LT1�4NJ< flPANY - n SUITE IC�k+ P t _ S �fl(pi II � b i'b cam IIII .``o<Es_suR�rL� e Ill a a d's aO �ta�-0fCaliforrna rillllll e b=-q \ _M •County of Los Angeles $�`+, ;:�,. :,D.. ,-y,: y err,' - By: t Daniel P.Aguilar,Vice President �Illllnl\N,aa` III\\a\iaa"+ l/l,Illllllllllla\\a`\a`\+ A Nota►G Pglicl other officer comwill§�k verifies only thelllll{„illjlin'tjby°I��h'lll�l�!i�Irnllel�lUlidua/who signed the-docurne-WD — wh►-ch this cer�i�cate__is attached, arty fie t�hfd e '"—Ccurac , or valldr� Ilofl�ha 110d ,,,..,,, .,n l llli _ =mm 1 srda of=Ju— 2018, beforNIn-In- 6�=Efrb•o,—a notary ubli :III IN III I1IiIIIIIaIIIIj�IIIIIaI Illllllellal lleld''IIIDllllaniel P.Aguila PrEs e o Y _ 1 rY P IIIIIIIIJh,IIi,P IIIII„II FiP American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specalty 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 erson acted,executed the instrument. ;V9IIIIII I I, I �I(IIIII IIIII I , ,.IIIIIIIIIIIIII — =— — _ _—_ IM61II � 6IIIIII , I cerF urtde RMALTY OF PERJ�RRyI r t e I o he State of C for a h_q c€�[ g paragraph �a�rug and correct IIII f u I II'�ll I i 'll I Ililiu6, IIII,IIIIIIII � IIIIIIIVIIiIIuI'I dll� — II'I !I ' Illil Illllilllllll I. — WITNESS my hand and official seal. Soft o.CARRE3o Notary Public-CetBornN • a.-MICID Los Angeles County F Coounisslon 12239479 - 9= _ - ry - ) Y P, y III nill Company) UnitedeSI nature (seal D,23 3021 pI II(IIII I , IIIII I I KIo-Lo Assrs_ Secreta Americ�i O�ract� demnit Coma ex B IIIII IhuII I I II II IIIIIIIIII opa))•Comp_any�ndl7 Specialty Insurance��m_�_aft dffihm certify that the d reI, true and cor ��p—�11-!WPNPal1' a Illli I. II I L—of Atto-rneyrexecuted-by said Compp Ww- c fl9t-h fulFforce and effe I„pIIII p ,Ifl l ell Iles tions of the 1���s�__��rs� set out in the Power of Attorney are in full and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this — — Y III IIII�I!Illlllq - 13th d_a of June 201 IIIII !� ,. � \,,,,(lull, ��,,; RQ1�B V1] NC E5;S23 `� e J _ � ifwg-Sea IIII `,+ 7��1� .., — E nrLNo� l 791-039Ill ,i1 � Ilil_ r of A enC No. 3074 �q" "N\P„ .r�r f ,' ''t?°' Kio Lo, Asa:i: Secretary 9 Y UPDRI\aaa� EOF(F In,pl,\aa,` 'lhlr,n�n,pp dP ~#nuq\"` IIIIIIIIIII ieeDnawcts[za I I uilllllll IIIII'lllllllllilll .IIIIIIIIIII I _ - tis tmrol r mo surety fo IIh ti II — - IIIII IIIIIIIIIII ��II I IIIII�Illhllllllllll Idl ! IIIII u O �; p O _ o u = .0 < j v CONTRACT SUMMARY CDBG FUNDED CONSTRUCTION CONTRACT BETWEEN CITY OF HUNTINGTON BEACH AND CORRAL CONSTRUCTION AND DEVELOPMENT INC, FOR MSC-528 CENTRAL LIBRARY RESTROOM ACCESS COMPLIANCE ISSUING DEPT: Public Works STAFF CONTACT: Debra Jubinsky, ext. 5321 or Jerry Thompson, ext. 8845 BUDGETED: Yes - VENDOR: Corral Construction and Development Inc. BASIS OF AWARD: Awarded by City Council action on 7/15/2019 — minutes attached CONTRACT AMOUNT: $141,999 NOTES: Section 43, p. 28 of contract stipulates a duplicate original. Please sign two originals. Council/PFA Regular Minutes July 15, 2019 Page 10 of 14 A motion was made by Hardy, second Brenden to continue to the next IRC meeting the adoption of Resolution No. 2019-51, "A Resolution of the City Council of the City of Huntington Beach Supporting Maintaining Local Control of Energy Solutions." The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 18. 19-747 Approved the Appointment of Jeffrey Dahl to the Design Review Board as recommended by Council Liaisons Mayor Peterson, and Mayor Pro Tern Semeta A motion was made by Posey, second Delgleize to approve the appointment of Jeffrey Dahl to the Design Review Board for a term to expire on July 2023. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 19. 19-763 Approved the reappointment of Richard Moore and Faith Vogel for an additional term to the Library Board as recommended by Council Liaisons Carr and Hardy A motion was made by Posey, second Delgleize to approve reappointment of Richard Moore and Faith Vogel for an additional term to the Library Board effective July 1, 2019 through June 30, 2023. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 20. 19-742 Awarded and authorized execution of a construction contract with Corral Construction and Development, Inc. in the amount of$141,999 for the Central Library Restroom Access Compliance, MSC-528. A motion was made by Posey, second Delgleize to accept the lowest responsive and responsible bid submitted by Corral Construction and Development, Inc. in the amount of$141,999; and, authorize project contingency expense not to exceed $28,400; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 21. 19-745 Approved and authorized execution of Amendment#1 to the Professional Services Agreement with Enterprise Automation for On-Call Engineering Services for Water and Wastewater Supervisory Control and Data Acquisition (SCADA) system in the amount of$300,000 and extending the term one year O O" J v � � O L mot, d N O O �t �' •'��i t a�i ti m.pc „�,.�` " +fit? A..✓ Uv1 UN �' F RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. 10121 CEI-7-1Y5 Payment Bond (Labor and Materials) Bond No. %00/Uq Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved 5- 11`7' (Council Approval Date) CC No. Agenda Item No. -;�D y-2 MSC No. S.2 City Clerk Vault No. &06. 0/0 Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk August 28, 2019 Corral Construction & Development, Inc. Attn: Renee Soto 5211 E. Washington Blvd., #2-122 Commerce, CA 90040 Re: MSC -528 Central Library Restroom Access Compliance The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand �11 p,D V D City of Huntington Beach File #: 19-742 MEETING DATE: 7/15/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Dave Kiff, Interim City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works Subject: Award and authorize execution of a construction contract with Corral Construction and Development, Inc. in the amount of $141,999 for the Central Library Restroom Access Compliance, MSC-528. Statement of Issue: On June 13, 2019, bids were publicly opened for the Central Library Restroom Access Compliance project, MSC-528. City Council action is requested to award a construction contract to Corral Construction and Development, Inc., the lowest responsive and responsible bidder, and to authorize up to 20% in project contingency expense. Financial Impact: A total of$251,168 is available for this project in Community Development Block Grant 18/19 Central Library ADA Restrooms, account 23985862.82200. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Corral Construction and Development, Inc. in the amount of $141,999; and, B) Authorize project contingency expense not to exceed $28,400; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids and provide staff with alternative action. Analysis: The Central Library, located at 7111 Talbert Avenue, was originally a 74,000 square foot building opened in 1975. The facility was expanded in 1994 with the addition of 43,000 square feet for the Children's Wing, theater, and meeting rooms. The Central Library serves thousands of patrons each City of Huntington Beach Page 1 of 2 Printed on 7/10/2019 powered by Leg,StarTM File #: 19-742 MEETING DATE: 7/15/2019 month for Library services and special events. The restrooms on the main floor appear to be original to the 1970's and do not meet current ADA accessibility standards. In 2018, the Public Works Department applied for and received Community Development Block Grant funds to renovate the main floor Men's and Women's restrooms to meet current accessibility standards. A professional architect developed the plans and specifications, which were approved through the City's Building Department. Bids were publicly opened on June 13, 2019. The bids are listed below from lowest to highest bid amount. VENDOR BID AMOUNT Corral Construction and Development Inc. $141,999.00 BNC Construction, Inc. $142,000.00 Caliba Inc. $175,000.00 Klassic Engineering & Construction Inc. $185,000.00 Staff verified the references and comparable experience for Corral Construction and Development Inc. and received favorable responses. Based on prior experience in renovating other city facilities of a similar age and older, staff is requesting authorization to spend up to 20% of the contract for construction contingency not to exceed $28,399.80, if necessary. The standard contingency for construction contracts is 10%. The additional 10% contingency authorization will provide staff with the flexibility to avoid construction delays and to minimize disruption to Library operations in the event of unforseen site conditions. The total construction project cost including contingency and supplemental expenses is estimated not to exceed $180,000. The architect's pre-bid construction estimate for the project, excluding contingency and supplemental, was $142,250. Public Works Commission Action: The Public Works Commission reviewed and approved the project on March 20, 2019 with a vote of 6-0-1 (Nguyen absent). Environmental Status: The project is categorically exempt pursuant to Chapter 3, Article 19, Section 15301(b) and 15301(d) of the California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): None. Click or tap here to enter text. City of Huntington Beach Page 2 of 2 Printed on 7/10/2019 powefed by Legis1ar-1 RECEIVED BY: CITY CLERK RECEIPT COPY / Return DUPLICATE to l —' City Clerk's Office (Name) after signing/dating (Date) L:ijm, CITY OF HUNTINGTON BEACH Lj INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: atQ 9 SUBJECT: Bond Acceptance I have received the bonds for ( L!Yf'�r. J/ %�)2 '///75 r7%,, (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. /LJU/U--1 ---7-/(�'f 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. Agenda Item No. r-)C MSC No. fie? City Clerk Vault No. �IDC�. %0 Other No. SIRE System ID No. gAorms/bond transmittal to treasurer . FmA i l S/Z//`I P08 5101 l-? s/)LOI i,9 SECTION A 5123119 NOTICE INVITING SEALED BIDS for the construction of MSC-528 CENTRAL LIBRARY RESTROOM ACCESS COMPLIANCE in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on June 13, 2019. Bids will be publicly opened in the City Council Chambers at 2:15 P.M. on June 13, 2019 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 $50.00 nonrefundable fee if picked up, or payment of a $80.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY website. http://www.huntingtonbeachca.gov/government/departments/public works/Bids/ This is a Davis-Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, 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 A-1 accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class 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: 1. Renovate existing restroom to meet accessibility compliance. A Mandatory Pre-Bid Walk Through is scheduled for TUESDAY, May 28, 2019 at 10:00 A.M. and will take place at the Central Library Main Lobby. The intent is to allow for a walk through inspection of the site only. City staff will not answer any questions during the job walk. All questions should be formally submitted by email to Jerry.Thompson(absurfcithb.org_before 5:00 P.M. Thursday, May 30, 2019. • The contract shall allow the Contractor¢Qworking days to complete the contract. • The architect's estimate of probable construction cost for the work included in the basis of award is $145,250. The Project Disadvantage Business Enterprises (DBE) goal is 0% 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 21st day of May,2018, by Resolution No. 2018-34. Attest: Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 Switzer, Donna From: David Ward <daward@scng.com> Sent: Tuesday, May 14, 2019 10:22 AM To: Switzer, Donna Subject: Re: FW: NISB MSC-528 No problem. The run dates are May 9th, 16th, & 23r . And the cost is $1140.00 David Ward Legal Advertising Rep 2190 S. Towne Centre PI. Anaheim, CA 92806 714-796-6764 daward@scng.com PLEASE NOTE THE E-MAIL ADDRESS HAS CHANGED SOUTHEnn CHLIFOnnin NEWS GROUP On Tue, May 14, 2019 at 10:04 AM Switzer, Donna<Donna.Switzerksurfcity-hb.org> wrote: Thank you! I need the Run dates and cost stated too, pretty please and thank you! From: David Ward <daward@scng.com> Sent:Tuesday, May 14, 2019 9:40 AM To:Switzer, Donna <Donna.Switzer@surfcity-hb.org> Subject: Re: FW: NISB MSC-528 For you???? ANYTHING!!! i Have a great day!!! PROOF z SECTION A NOTICE INVITING SEALED BIDS for the construction of MSC-528 CENTRAL LI BRARY RESTROOM ACCESS COMPLIANCE in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH,as AGENCY, invites sealed bdds for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor,2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on June 13,2D19. Bids wi II be public y opened In the City Counci I Chambers at 2:15 P.M.on June 13,2119 unless otherwise posted. Copies of the Plans Specifications, and contract documents are available from the Offioe of the Director of Publlc Works,2000 Main Street, Huntington Beach,CA 92646,upon payment of a$50.00 nonrefundable fee if picked up,or payment of a SDQ.W nonrefundable fee if sent byy UPS ground delivery (bidder shall pay additional costs for special delivery). Plan% Specifiy cations,and contract documents can be downloaded free on AGENCY website. http://www.huntinglonbeachca.govlgovernmentldepartments/public works/Bids/ This is a Davis-Bacon protect and the Federal Regulations will be enforced.Any contract en- tered into pursuant to this notice will incorporate the provisions of the Federal Labor Stand- ards, which are on file at the office of the Director of Public Works,2000 Main Street, Hun- tington Beach, CA 92648. The AGENCY will deduct 5%retention from all progress payments. The Contractor may sub- statute an escrow hDlder surety of equal value to the retention in accordance with the provi- sions of the Public Contract Code, Section 10263.The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afford- ed full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race,color,national origin,ancestry,sex,or religion in any considera- tion leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conform- once with the Instructions to Bidders as determined by the AGENCY. The bid must be ac- companled by a certified check,cashiers check,or bidders 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 Contractors License Class 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 wit 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: 1.Renovate existing restroom to meet accessibility compliance. A Mandata Pre-Bid Walk Through is scheduled for TUESDAY, May 2& 2019 at 10:00 A.M. and will take pplace at the Central Library Main Lobby. The intent is to allow for a walk througgh inspection of the site only.City staff will not answer any questions during the jobwalk.All questions should be formally submitted byemall to Jerrv.ThDmpson0surfcity-hb ora before 3a00 P.M.Thursday,May30,2019. The contract shall allow the Contractor d2worki ng days to complete the contract. • The architect's estimate of probable construction cost for the work Included in the basis of award is$145,250. The Project Disadvantage Business Enterprises (DBE) goal is 0% 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 COU'NCI L of the CITY OF HUNTINGTON BEACH,CALI FORK IA, the 51st day of May,9019,by Resolution No.2018-94. Attest: Robin Estanislau CITYCLERKOF THE CITYOF HUNTINGTON BEACH Published: The Huntington Beach Wave May 9,16,23,2019 11267211 3 David Ward Legal Advertising Rep 2190 S. Towne Centre PI. Anaheim, CA 92806 714-796-6764 daward@scng.com PLEASE NOTE THE E-MAIL ADDRESS HAS CHANGED On Tue, May 14, 2019 at 9:12 AM Switzer, Donna<Donna.Switzerksurfcity:hb rg>wrote: Good morning David, It looks like I did not receive the proof for this ad. If I did and I missed it, please forgive me- If not, may I have it pretty please? Thank you! D Sw%tr Deputy City Clerk 4 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714)374-1649 Donna.Switzer@surfcity-hb.org From: David Ward <daward@scng.com> Sent:Thursday, May 02, 2019 4:59 PM To:Switzer, Donna <Don na.Switzer@su rfcity-h b.org> Cc:Jubinsky, Debra<diubinsky@surfcity-hb.org>; Esparza, Patty<PEsparza@surfcity-hb.org> Subject: Re: NISB MSC-528 Hello Donna. How are you? I'm going home for the evening, so I'll have the proof to you first thing in the morning. Have a great evening. David Ward Legal Advertising Rep 2190 S. Towne Centre PI. Anaheim, CA 92806 714-796-6764 5 daward@scng.com PLEASE NOTE THE E-MAIL ADDRESS HAS CHANGED On Thu, May 2, 2019 at 4:56 PM Switzer, Donna<Donna.Switzergsurfci -hb.org>wrote: Hi David, Please publish the attached NSIB for MSC-528 on May 9 h, 16t'and 23ra Thank you, Da-n,vicvSw%tdrer Deputy City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714)374-1649 Donna.Switzergsurfcity-hb.org 6 Huntington Beach Wave PROOF OF PUBLICATION 2190 S.Towne Centre Place Suite 100 Anaheim, CA 92806 Legal No. 0011267211 714-796-2209 SECTION A NOTICE INVITING SEALED BIDS for the construction of MSC-528 CENTRAL LIBRARY RESTROOM ACCESS COMPLIANCE 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 5190751 office of the City Clerk,Second Floor,2000 Main Street,Huntington Beach,California 92648, up to the hour of 2:00 P.M. on June 13,2019. Bids will be publicly opened in the City Council Chambers at 2:15 P.M.on June 13,2019 unless otherwise posted. HUNTINGTON BEACH, CITY OF Copies of the Plans Specifications,and contract documents are available from The Office of CITY CLERK DEPARTMENT The Director of Public Works,2000 Main Street,Huntington Beach,CA 92648,upon payment of a$50.00 nonrefundable fee if picked up,or payment of a$80.00 nonrefundable fee if sent by 2000 MAIN ST UPS ground delivery(bidder shall pay additional costs for special delivery). Plans,Specifi- cations,and contract documents can be downloaded free on AGENCY website. HUNTINGTON BEACH, CA 92648-2763 htIR;//www.huntingtonbeachco.govgovernment/departmentVpublicworks/Bids/ This is a Davis-Bacon proiect and the Federal Regulations will be enforced.Any contract en- tered into pursuant to this notice will incorporate the provisions of the Federal Labor Stand- ards,which are on file at the office of the Director of Public Works,2000 Main Street, Hun- FILE NO. NISB MSC-528 tington Beach,CA 92648. The AGENCY will deduct 5%retention from all progress payments.The Contractor may sub- stitute an escrow holder surety of equal value to the retention in accordance with the provl- AFFIDAVIT OF PUBLICATION sions 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- STATE OF CALIFORNIA, ed full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race,color,national origin,ancestry,sex,or religion in any considera- SS. tion leading to the award of contract. County of Orange 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'scheck,or bidder's bond made payable to the AGEN- CY for an amount no less than 10%of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class 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 I am a citizen of the United States and a resident of the of unit prices will be subject to verification by the AGENCY. In case of a variation between County aforesaid; I am over the age of eighteen years, and the unit price and theextension,the unit price will govern. not a party to or interested in the above entitled matter. I Project Description:The project consists primarily of: am the principal clerk of the Huntington Beach Wave, a 1.Renovate existing restroomto meet accessibility compliance. newspaper that has been adjudged to be a newspaper of A Mandatory Pre-Bid Walk Through is scheduled for TUESDAY, May 28, 2019 at 10:00 A.M. and will take place at the Central Library Main Lobby. The intent Is to allow for a general circulation by the Superior Court of the County of walk through inspection of the site only.City staff will not answer any questions during the Orange, State of California, on July 1, 1998, Case No. le ry Tho�lpson�surfclt°yI -Or beforle 5U00 P M.ThursdayTMay 30,2019. A-185906 in and for the City of Huntington Beach, County The contract shall allow the Contractor 60 working days to complete the contract. of Orange, State of California; that the notice, Of which the The award architect's of probable construction cost for the work included in the basis annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in The Project Disadvantage Business Enterprises(DBE)goal is 0% any supplement thereof on the following dates, to wit: The AGENCY reserves the right to reiect any or all bids,To waive any irregularity and to take all bids under advisement for a maximum period of 60 days. 05/09/2019, 05/16/2019,05/23/2019 he211stdayofMay 2018 CbyResolutionNoI201834.HUNTINGTON BEACH,CALIFORNIA, Attest: Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published:The Huntington Beach Wave May 9,16,23,2019 11267211 1 certify(or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: May 23, 2019. /1640/ V,.4w Signature r.LPi-12/15/16 Poo-I if 2119JUN 13 Pit 6: 00 Ul cn �� yew J_.tr_ I1_ V— / � V access Ca�iia�c� ma a" � C_ .7- ull CITY OF HUNTINGTON BEACH MSC 528 Central Library ADA BID OPENING DATE: June 13, 2019 TIME: 2:15 P.M. Listed in Order Opened Bidder Name Bid Amount Rank ( I L12- DUO. D Q 2 I'1 .3 ca C I W `� UNSUCCESSFUL BIDS MSC-528 Central Library Restroom Access Compliance 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 20, 2019 BNC Construction, Inc 17510 Pioneer Blvd. #214 Artesia, CA 90701 RE: Central Library Restroom Access Compliance — MSC No. 528 Enclosed please find your original bid bond for MSC-528. Sincerely, 7� Robin Estanislau, CIVIC City Clerk RE:tm Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of MSC-528 CENTRAL LIBRARY RESTROOM ACCESS COMPLIANCE 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 therefore, 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 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that. the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes,royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will re-advertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and tiling the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null�a�n�d void. � r Accompanying this proposal of bid, find 8 t �S &h (© in the amount of (Please insert the words "Cash", "Certified Check",or"Bidder's Bond for % ", as the case may be) $ /6 , � 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. Any standard Surety Bid Bond form is acceptable. C-1. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bi de 's Signature ( S �© PROJECT WORK SCHEDULE: 1. The contract shall allow the Contractor 60 working days to complete the contract. 2. Contract work shall begin no later than August 5,2019 or date stated on the Notice to Proceed. 3. Contract work shall be completed no later than October 4, 2019 or date stated on Notice to Proceed. Bidder shall signify receipt of Project Work Schedule here: Bidder Signature PROJECT BID SCHEDULE Item No. Item Bid Amount in Figures 1. MSC-528 Central Construct restrooms to per plans and specifications Library Restroom $ � �Z� CTl7fl Access Compliance Total Lump Sum Bid Amount $ Total Bid Amount in Words: Y Tw -- � C-2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431 , Fax (714) 375-5099 ADDENDUM NUMBER ONE For CENTRAL LIBRARY RESTROOM ACCESS COMPLIANCE in the CITY OF HUNTINGTON BEACH May 30, 2019 Notice To All Bidders. Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. LIMITED ASBESTOS AND HAZARDOUS MATERIALS BULK SURVEY Limited Asbestos and Hazardous Materials Bulk Survey and Remediation Plan prepared by Healthy Buildings dated May 22, 2019. This report shall become Appendix J of the project bid manual. This is to acknowledge receipt and review of Addendum Number One, dated May 30, 2019. Company Name By Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8861 within 24 hours of posting. LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or$10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) State Lic.# Dollar % of Name and Address of Subcontractor and Class DIR# Amount Contract paG'�-e -Plumbf co . �6c�o� tiJor. E\ec c 9 8 3 9 /Oouc699 'T �6;c0' , I ", - .�.t� S is- V,c�e✓� �,�e �t (-�-- 0 By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on� at Ad:g z ' , Date City State C�o " R&r �'c S'�Ye tt Cz On being first duly sworn, deposes and says that he or she is CEO of IWe the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not,directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder 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 PROJECT NAME, (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 perk mied and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor /-<-_ -:� .4 By Title Date: C-s DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder,any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes IJ 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. Contractor - t 14� S.A By Title Date: fz -J-4 1,7 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: �C �oriS`�YUC�c�Y� { 3M1�C Bidder Name 1-tl0 Pin Y, Al Business Address 6rg;a te � %40 City, Statc Ap c�(3 ) -off' — 39� Telephone Number ( ()S�*(?—),P / State Contractor's License No. and Class fir-ISQ�D/(q Original Date Issued nj Expiration Date The work site was inspected by�Yt[ ji`0- IAAINof our office on , 2019. The following are persons, firms, and corporations having a principal interest in this proposal: o k I 1 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. •wa a a m tsar competing this 8�C Cc "r (`�`�— � w arty the+esmih a the Company Name uttAwn�ne tAe doc�rr►ent to which this ,ab��rA.end t10f lM trulhtulness, , W of OW document. Signature of Bidder C LAaI Printed or Typed Signature MARK KWAK Subscribed and sworn to before me thisJy�day of , 201�. ONOTA COMM.#2255751 RY PUBLIC-CALIFORNIA LDSANGELES COUNTYn OMM.EXPIRES AUG 25 20221 NOTARY PUBLIC - NOTARY SEAL C-S Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. List below the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: Name and Address of Public Agency kclinis^ k"t-A :1 ----r Name and Telephone No. ol'Project Manager ,-e,oz--cl Ad y pU�4, Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency - d�4 ) - Name and Telephone No. of Project,Manager / Contract Amount Type of Work Date Completed Provide additional project description to show similar work: ;..:« Name and Address of Public Agency _ Name and Telephone No. of Project Manager Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-9 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. Name of proposed Project Manager Telephone No. of proposed Project Manager: Project Name &Contract Amourtt Type of Work Date Conipleted Resf-�° P Project Name&Contract Amount Type of Work Date Completed Y AoW �o�s� 1 <a3.� APA e!Orovw, -�'/-)4/-2-„y Project Name &Contract Amount Type of Work Date Completed 2. C14N/ )qat ,0 Name of proposed Superintendent q Telephone No. of proposed Superintendent: titu� 6u MH sckn Z� -� {µ � Project Name&Contract Amount Type of Work Date Completed WL,,,4 �Ltfkqq ,4ce-Z+ (Rerr APhAzOr-o-em, /7 Proje t Name&Contract Xmount Type of Work Date Completed tk11 -�-o Project Name &Contract Amount Type of Work Date Completed C-to CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS(DIR)CERTIFICATE Pursuant to SB 854(citing Labor Code Section Mt.[(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/DLS E/PublicWorks/SB854FactSheet_6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https:Hef l ing.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https://efilin-0.dir.ca.gov/PWCWSearch.action 1 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,or no later than contract award date. 11 g/Il C 60 vof, r u cf ,f,�" bh c Contractor A— N 7 / By ��l z�� 9q Title Dale: DIR #: lOdoOG a C-11 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low-Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner,partner, director, officer,or manager(initial the applicable selections): Will ensure that 10%of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. v Will award 10%of its sub-contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub-contracts related to this project. Contractor: s&IC Contact C ko yl?Q H 0.1,,h Person: Contact Phone: of 14 -a/t - 49-�k-99 Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development(24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub-contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). C-12 EXHIBIT A DISADVANTAGED BUSINESS ENTERPRISE (DBE) This Project is subject to Part 200.321,Title 2, Code of Federal Regulations entitled "Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms."The Regulations in their entirety are incorporated herein by this reference. It is the policy of the City that disadvantaged business enterprises(DBEs), as defined in Part 200.321,Title 2 CFR, shall be encouraged to participate in the performance of Contracts financed in whole or in part with federal funds.The Contractor should ensure that DBEs, as defined in Part 200.321, Title 2 CFR, have the opportunity to participate in the performance of this Contract and shall take all necessary and reasonable steps, as set forth in Part 200.321, Title 2 CFR, for this assurance.The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. Failure to carry out the requirements of this paragraph shall constitute a breach of Contract and may result in termination of this Contract or other remedy the City may deem appropriate. Bidders shall be fully informed respecting the requirements of the Regulations and are urged to obtain DBE participation in this project, although there is no specific goal for DBE participation. C-t3 EXHIBIT B DBE INFORMATION—GOOD FYkITH EFFORTS Federal-aid Project No. Bid Opening Date_ The City of Huntington Beach established a Disadvantaged Business Enterprise (DBE) goal of 0% for this Project.The information provided herein shows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the "Local Agency Bidder DBE Commitment" form indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the "Local Agency Bidder DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled "Submission of DBE Commitment" of the Special Provisions: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement Co !'J r At�rn S�a�i 6 4it /—'-O f 2 Thw �,ei tsj L d -(oak 6 i1 Z ao 12 B. The names and dates of written notices sent to certified DBEs soliciting bids for this Project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations,etc.): Names of DBEs Solicited Date of Initial Follow Up Methods Solicitation and Dates C-14 C. The items of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Bidder Normally Items of Work Performs Item Amount Percent of Breakdown �$) Contract (Y or N) of Items LA tA D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved),and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Nl � Names,addresses and phone numbers of firms selected for the work above: �1 l47: E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: N/6 C_15 F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: - po,-4,m 11 TocAs 0,A- ba r-a G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download,etc.): Name of Agency/Organization Method/Date of Contact Results At/6 H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. Gl6 6/13/2019 Gmail-Weekly Bid Flash DBE Ad Affidavit-Central Library Restroom Access Compliance in the City of Huntington Beach MGmaii Charlie Han<bnc4info@gmail.com> Weekly Bid Flash DBE Ad Affidavit-Central Library Restroom Access Compliance in the City of Huntington Beach .... ........... . ... .. . . .... The Weekly Bid Flash<support@theweeklybidflash.com> Tue,Jun 11,2019 at 3:42 PM To:Charlie Hahn<bnc4info@gmail.com> Proof of Publishing Affidavit To Whom It May Concern: Be it known that this is a sworn affidavit that BNC Construction,Inc did place an advertisement we published on 6/11/2019 in our nationwide publications,Construction Star, Inc.and The Weekly Bid Flash,seeking Certified Disadvantaged subcontractors and/or material suppliers for the project Central Library Restroom Access Compliance in the City of Huntington Beach. A copy of the advertisement is below: Date Of Advertisement Placement:6/11/2019 BNC Construction,Inc An Equal Opportunity Employer, is requesting quotations from all qualified DBE sub-contractors and material suppliers for the following project: Central Library Restroom Access Compliance in the City of Huntington Beach City/Location:711 Talbert Ave.,Huntington Beach,CA 92648 County:Los Angeles Owner:City of Huntington Beach Bid Date:Thursday 6/13/2019 at 2:00 PM We are requesting bids for the following trades and/or supplies: plumbing,electric NAICS Classifications Sector 23—Construction • Electrical Contractors • Plumbing,Heating,and Air-Conditioning Contractors CSI Classifications DIVISION 1-GENERAL CONSTRUCTION AIDS Bid documents can be viewed at or obtained from: You can access in ebidboard.or send a request to bnc4info@gmail.com If you have any question,please contact to bnc4info@gmail.com BNC Construction,Inc 17510 Pioneer Blvd. 214 Artesia,CA 90701 Phone:(714)815-8298 Fax:(562)278-2690 Charlie Hahn bnc4info@gmail.com Published on 6/11/2019 by The Weekly Bid Flash and The Construction Star Trade and Focus Publications located at www.theweeklybidflash.com and www.constarl.com Phone:1.800.479.5314 Fax:1.619.688.0585 This solicitation Ad will run until the bid date Our publication is a listed approved source by the State of CA,Dept.of General Services,Office of Small Business Certification&Resources,in its Resource Packet. Since,1989 our firm has been proud to help businesses reach Certified Disadvantaged firms statewide. If you should need any further information,please do not hesitate to contact us at 800-479-5314. Thank you again! Construction Bidboard Inc. 11622 El Camino Real,Suite 100 San Diego,CA 92130 www.theweeklybidflash.com 800-479-5314 https://mail.google.com/mail/u/0?ik=f42dbl 8d68&view=pt&search=all&permmsgid=msg-f%3A 1636085711406790143&simpl=msg-f%3A163608571140... 1/2 6/12!2019 Weekly Bid Flash _ �io � Fall-?aiS=��r�j,rt tlal,li;�tlf�,i" ash eBidboardYour DBEf u?)f°' 1 resource Welcome to The Weekly Bid Flash. June 12,2019 HOME CONTACT US Get your DVBE certification here Listed by the State of Cardomia Department of Small Business and DVBE Services as a trade and Focus Publication Place Good Faith Effort Ads Here DBE Listings Project Notification Service AEC Yellow Pages "What's Bidding" Post a Private Project The following advertisements have been placed by companies requesting bids from Place DBE Ad Certified Disadvantaged Help Desk certified disadvantaged firms.Click on the Company Name in the records below for Advertising Opportunities advertisement details. Oki,on a banner to learn more Records 1 to 10 of 40 Display: 10 •. per page. 1D FISH PASSAGE IMPROVEMENT PROJECT-Contract No C 552-P•o;ect No.26044002 2018TOP PERFORMING SBA Company:GRANITE ROCK COMPANY BOND PRODUCER ON THE WEST COAST Name: Bryan48)574-1400 111, ' Bid Due Date:2019-06-12 2:00:00 PM Region/County:CA-Santa Clara Graniteroek. r . ( DBE Category:SBE ?assago lmprouerre:.Z. i e Company:Robert A.Bothmen Construction Name!Nicole Morrella id Due a...- ���� E e�l DBECaC9unt BESantaCaraOPM Pure trtrtt ;� www.PureEffect.tom 9S No!..Y;i Bl.�rbank Charnel Bikeway Project A ��� �,���� Company:Powell Constructors,Inc. Name:Joe Fadden I t Leaderin Phone:(909)356-8880 �I}8 CfitIC81 lnlltfl88 Bid Due Date:2019-06-25 2:00:00 PM Region/County:CA-Los Angeles DBE Category:DBE Buchanan.Field Airport Runway 141..-32R Rehabiliation-County Project No.46554661-SAS-6X5324-Federal Project No,3-06.0050-025.2019 Company:Granite Rock Como Name:Patrick McDonald phone:(408)574-1400 Bid Due Date:2019-06-25 2:00:00 PM RegionlCounty:CA-Contra Costa Granifierock. DBE Category:DBE �ANAN FIELD AIRPORT RUNWAY 14L-32R REHABILITATION Company:jay Cities Paving 8 Grading Name:Jessica Chan Phone:(925)687-6666 BAY CITIES Bid Due Date:2019-06-25 2:00:00 PM P+vim; cx+°rso.iV(1 Region/County: -' DBE Category:DBE CARRON?RA WATER TANK ACCESS ROAD STORM DAMAGE REPAIR-CWO 2019.003 FEMA-4308-DR REF:PW 763 Company:GRANITE ROCK COMPANY Name:David Kennedy Phone:(408)574-1400 Bid Due Date:2019-06-13 2:00:00 PM Region/County:CA-Santa Cruz Granrteroek. DBE Category:DBE,SBE Central Library Restroom Access Compliance in the City of Huntington Beach Company:BNC Construction,lnc Name:Charlie Hahn Phone:(714)815-8298 Bid Due Date:2019-06-13 2:00:00 PM Region/County:CA-Los Angeles DBE Category:DBE _.--,O' 1-,p Restroo�.n Access Corpliance in the City of Huntington Beach Company:BNC Construction,lnc Name:Charlie Hahn Phone:(714)815-8298 Bid Due Date:2019-06-13 2:00:00 PM Region/County:CA-Los Angeles DBE Category:DBE I I i i Cloverdale Municipal Airport Taxiway Rehabilitate, Company:Granite Construction Company Name:Justin Ingram Phone:(707)4674104 Bid Due Date:2019-06-13 2:00:00 PM legion/County:CA-Sonoma DBE Category:DBE https://www.theweeklybidflash.com/wbf—dbe_listings_detail.asp 1/2 6/12/2019 Weekly Bid Flash Company:Granite Rock Company Name:Sheree Schoenherr Phone:(408)574-1400 Bid Due Date:2019-06-13 2:00:00 PM /�+ Y,y,—�,,��— Region/County:CA-San Mateo Granl�Ot1(. DBE Category:DVBE,SBE NEXT LAST Back to To11 SECURITY PRIVACY STATEMENT TERMS OF USE ©Copyright 2019,Weekly Bid Flash All Rights Reserved https://www.theweeklybidflash.com/wbf_dbe_listings_detail.asp 2/2 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature(given and surname)of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail C-17 IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted J lC CO "':i.O_V� (2) (Signature) b-co ect- C >-A;Ylodbc (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of CAI,'_) Grnj a (4) Place of Business / :81 f ,�)A�'r & 41 z�-1�f (Street and Number) City and State c& (5) Zip Code 9 C-f C Telephone No. —CtQ (6) E-Mail h mnk C'c NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED C-18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document. State of California ) County of On 7u>ne 3 t Zr`� �°7) ,before me, I'1���� law . ,Notary Public,personally appeared �� A/ , who proved tome on the basis of satisfactory evidence to be the person ,kg)"whose nameWis/axe subscribed to the within instrument and acknowledged to me that he/AeAhey executed the same in his/herftheir authorized capacity(i ,and that by his/her4heir signature(s�ofi 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. r MARK KWAK UCOMM.#2255751 10,NOTARY PUBLIC-CALIFORNIA / LMM AN EXPIRES AUGCOUNTY" G? 'M EXPIRESA 25 24A Signature: Place Notary Seal Above --------------------------------------------------------------------------OPTIONAL------------------------------------------------------------------------ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document: y Title or Type of Document: a p C (C — (g ) Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s): Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Individual RIGHT THUMBPRINT ❑ Individual RIGHT THUMBPRINT OF ❑ Limited Partner ❑ Limited Partner Top of Thumb I lere Top of Thumb Here ❑ General Partner ❑ General Partner ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners and managing partners: C-19 Local Assistance Procedures Manual Exhibit 15-G Construction Contract DBE Commitment EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT 1.Local Agency: City of Huntington Beach 2.Contract DBE Goal: 0 % 3.Project Description: Central Library Restroom Access Compliance 4.Project Location: 711 Talbert Ave.,Huntington Beach 5.Bidder's Name: BNC Construction,Inc 6.Prime Certified DBE: ❑ 7.Bid Amount: $ 142,000.00 8.Total Dollar Amount for ALL Subcontractors: $ 46,000.00 9.Total Number of ALL Subcontractors: 2 10. Bid 12. DBE 14.DBE Item 11. Description of Work,Service,or Materials Certification 13.DBE Contact Information Dollar Number Supplied Number (Must be certified on the date bids are opened) Amount Local Agency to Complete this Section',upon Execution of Award 21.Local Agency Contract Number: $ 0.00 15.TOTAL CLAIMED DBE PARTICIPATION 22.Federal-Aid Project Number: 0 23.Bid Opening Date: 24.Contract Award Date: IMPORTANT:Identify all DBE firms being claimed for credit, 25.Award Amount: regardless of tier.Names of the First Tier DBE Subcontractors and their respective item(s)of work listed above must be consistent, where applicable with the names and items of the work in the Local Agency certifies that all DBE certifications are valid and information on "Subcontractor List"submitted with your bid.Written confirmation of this form is complete and accurate. each listed DBE is required. _ 06/13/2019 26.Local Agency Representative's Signature 27. Date 16.Preparer's Signature 17.Date Charlie Hahn 714-815-8298 28.Local Agency Representative's Name 29.Phone 18.Preparer's Name 19.Phone project cordinator 30.Local Agency Representative's Title 20.Preparer's Title DISTRIBUTION: 1.Original-Local Agency 2.Copy-Caltrans District Local Assistance Engineer(DLAE).Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract. 3.Include additional copy with award package. LPP 18-01 Page 1 of 3 January 2019 PLEASE NOTE: This information may be submitted with your bid. If it is not,and you are the apparent low bidder or the second or third low bidder, it must be submitted and received as specified in the Special Provisions. Failure to submit the required DBE commitment will be grounds for finding the bid nonresponsive The form requires specific information regarding the construction contract: Local Agency, Location, Project Description, Total Contract Amount, Bid Date, Bidder's Name, and Contract DBE Goal. The form has a column for the Contract Item Number and Item of Work and Description or Services to be Subcontracted or Materials to be provided by DBEs. Prime contractors shall indicate all work to be performed by DBEs including, if the prime is a DBE, work performed by its own forces, if a DBE. The DBE shall provide a certification number to the Contractor and expiration date. Enter the DBE prime's and subcontractors' certification numbers. The form has a column for the Names of DBE contractors to perform the work (who must be certified on the date bids are opened and include the DBE address and phone number). IMPORTANT: Identify all DBE firms participating in the project regardless of tier. Names of the First-Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the DBE participation dollar amount. Enter the Total Claimed DBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or furnished by the DBE.) See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction contracts), to determine how to count the participation of DBE firms. Exhibit 15-G must be signed and dated by the person bidding. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Local Agency Contract Award, Federal-aid Project Number, Federal Share, Contract Award Date fields and verify that all information is complete and accurate before signing and filing. C-21 EXH)B1T D EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder glyc CaV%-sfrcn41 CAC . , [proposed subcontractor J hereby certifies that he/she/it has , has not , participated in a previous contract or subcontract subject to the Equal Opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that,where required, he/she/it has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency,or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor(41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of$10,000 or under are exempt.) Currently, Standard Form 100(EEO-1) is the only report required by the Executive Orders or their implementing regulations. (eeoc.gov/employers/eeo 1 survey/index.cfm) Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. i Signature: Date: �t Print Name: � k /<, Title: C-22 EXHIBIT E NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) MSC-3-28 Central Library Restroom Access Compliance To the City of Huntington Beach In conformance with Title 23 United States Code Section 112 and California Public Contract Code 7106 the bidder declares that the bid is not made in the interest of,or on 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 of the bidder or any other bidder,or to fix any overhead, profit,or cost element of the bid price, or of 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, any fee to any corporation,partnership, company association, organization, bid depository,or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Bidder's Proposal. By signing the Proposal, the Bidder has also signed this Noncollusion Affidavit. Bidders are cautioned that making a false Certification may subject the Bidder to criminal prosecution. Signature: -�-�`- Date: Print Name: Title: C-23 EXHIBIT F DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49,CODE OF FEDERAL REGULATIONS, PART 29 The Bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated with Bidder in the capacity of owner, partner,director,officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended,debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted,convicted,or had a civil judgment rendered against him/her by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Signature: Date: 61—t?— Print Name: L-4�13 'I /--- l< �^ Title: C-24 EXHIBIT G NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief,that: 1) No Federal appropriated funds have been paid or wilt be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signature: I Date: 0/ 2— Print Name: !°� f 5 �c l'�►� Title: C-25 EXHIBIT H DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 I. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a.contract ❑a.bid/offer/application F7a.initial b.grant b.initial award b.material change c.cooperative agreement c.post-award d_loan For Material Change Only: e.loan guarantee year quarter f.loan insurance date of last report 4. Name and Address of Reporting Entity 5. if Reporting Entity in No.4 is Subawardee, ElEnter Name and Address of Prime: Prime Subawardee Tier if known Congressional District,if known Congressional District,if known 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number,if applicable 8. Federal Action Number,if known: 9. Award Amount,if known: 10. a.Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual,last name,first name,MI) address if different from No.10a) (last name.First name,MI) (attach Continuation Sheet(s)if necessary) 11. Amount of Payment(check all that apply) 13. Type.of Payment(check all that apply)❑ $ Actu:d a planned a retainer b.one-time fee 12. FM of Payment(check all that apply): c.commission a.cash d.contingent fee b.in-kind; specify: nature a deferred value f.other,specify _ 14. Brief Description of Services Performed or to be performed and Date(s)of Service,including offrcer(s),employee(s),or member(s)contacted,for Payment Indicated in Item 11: (attach Conti Oon Sheet(s)if ossary) 15. Continuation Sheet(s)attached: Yes No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into.This disclosure is required pursuant to 31 U.S.C. Print Name: 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any Title: person who fails to file the required disclosure shall be subject to a civil penalty of not less than$10,000 and not more than Telephone No.: Date: $100,000 for each such failure. Authorized for Local Reproduction Federal Use Only: Standard Form-LLL Standard Fornt LLL Rev.09-12-97 C-26 INSTRUCTIONS FOR COMPLETION OF EXHIBIT H. DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1) Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2) Identify the status of the covered Federal action. 3) Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4) Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5) If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6) Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7) Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants,cooperative agreements, loans and loan commitments. 8) Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." 9) For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10)(a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if C-27 different from 10 (a). Enter Last Name, First [dame and Middle Initial (MI). 11)Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12)Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13)Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14)Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s)employee(s)or Member(s)of Congress that were contacted. 15)Check whether or not a continuation sheet(s) is attached. 16)The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046),Washington, D.C. 20503. By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5,Title 2 of the California Administrative Code). C-28 EXHIBIT I FEDERAL LOBBYING RESTRICTIONS Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form - LLL, "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes: 1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or 2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or 3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. C-29 PHILADELPHIA INSURANCE COMPANIES BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we, BNC Construction, Inc. of 17510 Pioneer Blvd#214,Artesia, CA 90701 (hereinafter called the Principal) as Principal,and PHILADELPHIA INDEMNITY INSURANCE COMPANY,with its principal office at One Bala Plaza,Suite 100 in the City of Bala Cynwyd, Pennsylvania(hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach of 2000 Main St., Huntington Beach,CA 92648 (hereinafter called the Obligee) in the penal sum of Ten Percent(10%)of the Total Amount Bid Dollars$ 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,successors,and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH,that whereas, the Principal has submitted the accompanying bid dated 06/13/2019 for Central Library Restroom Access Compliance-711 Talbert Ave.,Huntington Beach,CA 92648 NOW, THEREFORE, if the Obligee shall make any award according to the terms of said bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said bid and give bond for the faithful performance thereof within the time specified; or if no time is specified within thirty days after the date of said award; or if the Principal shall, in the case of failure so to do, indemnify the Obligee against any loss the Obligee may suffer directly arising by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void: otherwise to remain in full force and virtue. Signed,sealed and dated: 06/06/2019 BNC Construction, Inc. (Principal) By; _:� L�� C Ut H03N\ PHILADELPHIA INDE ANrrY INSI R ANY By. s Attorney-in-1 act .a S-137-Rev. PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint James R.Olsen,R.M.Friedik,Gabby Acosta,and Abel Acosta, of J.R.Olsen Bonds&Insurance Brokers,City of Canoga Park,State of California its true and lawful Attomey-in-fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$25,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 10 of November,2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27m DAY OF OCTOBER,2017. ar .. by ,a'>tt Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 27"day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company,-that the said Corporate Seal and his signature were duly affixed. COUMONWUA474pp rt — ravvsui s£u Notary Public: iw..M.ran r+n-Mox�a.wycoy.Mr M,CMnmMmn£+Dirrs 9p1,15.Yu21 rxin a residing at: Bala Cynwyd,PA (Notary Seal) My commission expires: September 25,2021 I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 27t'day of October,2017 are true and correct and are still in full force and effect.I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 6th day of June >2019 1 % Edward Sayago,Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY i CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT I A notary public or other officer completing this certificate verifies only the identity of the indi-vidual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California E E County of Los Angeles I On 06/06/2019 before me, Esteban Flores Notary Public, (Here insert name and title of the officer) personally appeared Abel Acosta 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 I 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. 3 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ESTEBAN FLO"' :w Notary Public - California s� WITNESS my hand and official seal. Z Los Angeles County z ; Z :may Commission #2159770 tiny Comm. Expires Aug 9,2020 Signature of Notary Public (Notary Seal) 1 E i i (f ADDITIONAL OPTIONAL INFORMATION j I INSTRUCTIONS FOR COMPLETING THIS FORM ! Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknrnviedgment form must be properly completed mid attached to that document. The only exception is if a Bid Bond document is to be recorded outside of California.bi such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notmy to do something that is illegal for a notary in N/A California(i.e. certfying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form iit'required. I i two 06/06/2019 • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. N/A • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. I (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the narne(s) of document signer(s) who personally appear at the time of notarization. 1 CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/ is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer . The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. Q Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). € • Securely attach this document to the signed document —� i C 2004-2015 Prol,ink Signing Senice.Inc.—All Rights Reserved www.ThOToLinkcom—Nationwide Notary Senice CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document. State of California ) County of �-05 On UAo'_ l , Z�(� ,before me, !�-f �(c ��'� � Notary Public,personally appeared A H V , who proved to me on the basis of satisfactory evidence to be the personk<w-hose names/subscribed to the within instrument and acknowledged to me that he%ke tey executed the same in his/4e it authorized capacity(je1�17, and that by hi4'"a k- signature( on the instrument the perso , 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. ���°• MARK KWAK () COMM.#2255751 NOTARY PUBLIC-CALIFORNIA 2 •• LOS ANGELES COUNTYO C jog' EXPIRES AUG 25 2022 Signature: Place Notary Seal Above --------------------------------------------------------------------------OPTIONAL------------------------------------------------------------------------ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document:Title or Type of Document: J �p� ,� Document Date: Number of Pages: 2— Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s): Signer's Name: Signer's Name: ❑ Corporate Officer-Title(s): ❑ Corporate Officer-Title(s): ❑ Individual RIGHTTHUMBPRINT ❑ Individual RIGHTTHUMBPRINT OF SIGNER OF ❑ Limited Partner ❑ Limited Partner Top of Thumb Here Top of Thumb Here ❑ General Partner ❑ General Partner ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: i 2'115 l i 1 50 BNC Construction,Inc 17510 Pioneer Blvd.#214 Artesia,CA 90701 Charlie Hahn bnc4info@gmail.com I "SEALED BID BOND and PROPOSAL FOR Project No.: MSC- 528 CENTRAL LIBRARY RESTROOM ACCESS COMPLIANCE" Bid date: Thursday June 13, 2019 at 02:00 pm City of Huntington Beach Attn:Department of Public Works 2000 Main Street Huntington Beach,CA 92648 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk ` Robin Estanislau, City Clerk September 20, 2019 Caliba Inc 10580 Beach Blvd. Stanton, CA 90680 RE, Central Library Restroom Access Compliance — MSC No, 528 Enclosed please find your original bid bond for MSC-528. Sincerely, 44. "v ` Robin Estanislau, CIVIC City Clerk RE-.tm Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of MSC-528 CENTRAL LIBRARY RESTROOM ACCESS COMPLIANCE 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 therefore, 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 aworking days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site,plans,specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes,royalties,fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will re-advertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find BIDDER'S BOND in the amount of (Please insert the words"Cash","Certified Check",or"Bidder's Bond for %",as the case may be) $ 10%OF BID AMOUNT 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. Any standard Surety Bid Bond form is acceptable. C-1 Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 1 06/03/2019 ALLEN OTHMAN PROJECT WORK SCHEDULE: 1. The contract shall allow the Contractor bkworking days to complete the contract. 2. Contract work shall begin no later than August 5,2019 or date stated on the Notice to Proceed. 3. Contract work shall be completed no later than October 4,2019 or date stated on Notice to Proceed. Bidder shall signify receipt of Project Work Schedule here: ALLEN OTHMAN-PRESIDENT Bidder's Signature PROJECT BID SCHEDULE Item No. Item Bid Amount in Figures 1. MSC-528 Central Construct restrooms to per plans Library Restroom and specifications $ Access Compliance Total Lump Sum Bid Amount $ (7S 0J Total Bid Amount in Words: GKe I CUn kd "r�P� C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104,the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or$10,000,whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) State Lic.# Dollar % of Name andAddress of Subcontractor and Class DUZ# Amount Contract zdPT ,faoyl CA WO 7,'�P,4r v A 4.1 Im r, Ti�� ; Wr �f fi�Zv d R20 y r�P,�-�v �r�r- B, ez/ c z �z C7~eAS , �4 90 20/ XCIR/AV 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 06/10/19 , at HUNTINGTON BEACH , CA Date City State ALLEN OTHMAN being first duly sworn, deposes and says that he or she is PRESIDENT of CALIBA 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. CALIBA INC. Name of Bidder 1:f� ALLEN OTHMAN-PRESIDENT Signature of Bidder 6942 STEEPLECAHSE CIRCLE. HUNTINGTON BEACH, CA 92648 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 PROJECT NAME, (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. CALIBA INC. Contractor By PRESIDENT Title Date: JUNE 10, 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 ®No If the answer is yes, explain the circumstances in the space provided. NOT APPLICABLE 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. CALIBA INC. Contractor By PRESIDENT Title Date: JUNE 10,2019 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: CALIBA INC. Bidder Name 6942 STEEPLECHASE CIRCLE Business Address HUNTINGTON BEACH, CA 92648 City, State lip ( 714 ) 699-5280 Telephone Number 657694 A, B, C-10, C-36 State Contractor's License No.and Class 10/19/1992 Original Date Issued 06/30/2021 Expiration Date The work site was inspected byJERRICO REMOQUILLOof our office on MAY 28 , 2019 . The following are persons, firms, and corporations having a principal interest in this proposal: ALLEN OTHMAN-PRESIDENT 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. CALIBA INC. Company Name Signature of BA der ALLEN OTHMAN-PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this 1OTHday of JUNE ,2019 . NOTARY PUBLIC NOTARY SEAL C-8 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 Subscribed and sworn to (or affirmed) before me on this day of 20j_j , by �l�— , DW,rlrL, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. HAIDY ABOSALAMA Notary Public•California aMy Orange County Commission p 2270465 Comm.Expires Dec 10,2022 (Seal) Signature Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. List below the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1, CITY OF STANTON 7800 KATELLA AVENUE, STANTON, CA 90680 Name and Address of Public Agency ALAN RIGG, PUBLIC WORKS DIRECTOR(714)890-4203 Name and Telephone No. of Project Manager $9,645,432.22 STANTON CENTRAL PARK 06/24/2016 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Renovation of two community center building 2500 SQFT, previously elementary school classrooms, and restroom building 2300 SQFT. New construction three legal size grass soccer fields one baseball field with protection fence,a skatepark and a main water feature area, four large covered picnic pavilions,two half basketball courts and four tennis courts,two playground areas with a complete apparatus 2. CITY OF SANTA MONICA 1437 4TH STREET, SUITE 300, SANTA MONICA, CA 90401 Name and Address of Public Agency SEBASTIAN FELBECK, CM(310)434-2675 Name and Telephone No. of Project Manager $5,738,960.00 BUFFER PARK CONSTRUCTION PROJECT 02/25/2017 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: New 2.35-acre park facing a residential neighborhood along Exposition Boulevard at Stewart Street and adjacent to the new Expo Maintenance Facility. The park calls for eight elements within Buffer Park:the Grove:Watershed Garden; Bird Garden; the Meadow; Community Pavilions; Rock Garden; Learning Garden; and, the Forest. 3. COUNTY SANITATION DISTRICT 2 OF LOS ANGELES COUNTY 1955 WORKMAN MILL RD.,WHITTIER, CA 90601 Name and Address of Public Agency IGNACIA MURILLO (562)908-4288 X 2179 Name and Telephone No. of Project Manager $79,330,000 PUENTE HILLS INTERMODAL FACILITY AND RAILROAD 09/16/2016 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Construction of an intermodal facility railroad yard, railroad track and other track materials in the intermodal yard, railroad bridges public at-yard railroad crossing, construction of cantilever and cast-in-drilled-hole pile retaining walls, roads, pavement, drainage systems, administration and maintenance building, electrical work and duct banks,earthwork, piping, and ancillary support facilities. C-9 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. SEE ATTACHED RESUME Name of proposed Project Manager Telephone No. of proposed Project Manager: 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. SEE ATTACHED RESUME 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-10 Jonathan M . Khora Senior Project Manager With over twenty years of experience in the construction industry, Jonathan continuously sought to learn new building concepts, budgeting, and performance strategies to stay proficient in all aspects of the constraction process. Always aware and knowledgeable of the many advances in technology available to provide customers with skilled, often state of the art, professionally performed, and timely finished projects. Jonathan has developed and maintained a reputation for excellence, and has built solid relationships with customers, subcontractors, safety inspectors, field engineers, regulatory agencies, local, and regional governmental agencies, field and administrative personnel to achieve excellent results. Years of Experience: Employment History and Key Projects: 15 years of Project Management Senior Project Manager, Commissioning Manager- and 27 years in Construction Caliba Inc., CA 2012-Current Skills: 0 Provided Project Supervision and Commissioning Management • Multi-discipline project experience • Evaluated Projects for risk and resource allocations. • Leadership,management and coor dination of project team,customer ' Developed customer and client relationships. personnel,subcontractors,safety Performed Mechanical Estimating. inspectors,field engineers,regula- 0Development of Commissioning Plans. tory agencies,local and regional • Plant Commissioning governmental agencies 0 Project Closeout. • Administrative proficiency(working 0 Project: Omnitrans VMF, (CNG)Vehicle Maintenance Fueling Facility,San Bernandino, with payroll,accounting,contracts and safety department person- nel, Million.contract documentation and 0 Project: Metrolink SCCRA,Train Control &Operations Support Facility(TCOSF), Pomona, customer requirements CA. $13 Million. • Interpretation and implementation 0 City of Anaheim,Water Reclamation Demontration Plant,Anaheim, CA. $12 Million. of contract requirements • Mechanical and electrical codes and standards • Management of environmentally Project Manager- Public Works & Federal sensitive sites Doty Bros. Equipment Co., Norwalk, California 2010-2012 • Review,interpret and implement 0Managed construction activities. project scope of work,plans,speci- • Performed Buyout and Assigned Procurements. fications,contract requirements. • Managed customer and client relationships. • Managed Project Scope and Cost Controls. Training Certificates: 0Managed commissioning for multiple project closeouts. • Oracle Primavera P6(Version 7.0) • Developed project Schedules& Maintained Project Schedules. Level I&II • Suretrack P3 scheduling software • Microsoft Project Project Manager, Mechanical Estimator- Public Works& Federal • Bid2Win,Prolog,Constructware Balfour Beatty Infrastructure, Inc., Riverside, California 2009-2010 • OSHA Confined Space Certified • Conducted job Walks. • OSHA Trench Safety Competent 0 Evaluated Projects for risk and resource allocations. Person Developed customer and client relationships. • First Aid/CPR Certified 0 Performed Mechanical Estimating. • OSHA 30 0 Trained newly hired Project Engineers. Jonathan M . Kliora Senior Project Manager Assistant Project Manager, Project Engineer- Public Works & Federal Years of Experience:15 years of Project Management and C.W. Roen Construction, Danville, California 2005-2009 • Assigned Procurements 27 years in Construction Developed Project Schedules • Processed Project Change Requests Skills: • Assigned Procurements. • Multi-discipline project experience 0 Estimated and Process Change Requests. • Leadership,management and Managed Project Documentation (RFI's,submittals, O&M's). coordination of project team,cus- tomer personnel,subcontractors, • Developed Project SWPP plans. safety inspectors,field engineers, Performed SCADA Integration & Plant Commissioning. regulatory agencies,local and regional governmental agencies Assistant Project Manager, Project Engineer-Commercial Construction • Administrative proficiency(work- Chambers Construction, Eugene, Oregon 2003-2005 ing with payroll,accounting, e Developed Project Schedule. contracts and safety department 0 Direct& Managed Project Execution. personnel,contract documenta- Assigned Procurements. tion and customer requirements Estimated and Process Change Requests. • Interpretation and implementation of contract requirements Managed Project Schedule. • Mechanical and electrical codes Developed and Managed Project Resource loading. and standards • Manage Punch list activities. • Management of environmentally Sensitive Sites Assistant Project Manager, Project Engineer-Commercial Construction • Review,interpret and implement Worth Group Master Builders, Inc., Reno, NV 1999-2003 project scope of work,plans, specifications,contract require- Major Projects: ments. • San Bernardino Valley Municipal Water District, Wilson Creek Turnout Flood Training Certificates: Control Facility. 3 Million • Oracle Primavera P6(Version 7.0) • Eastern Municipal Water District, Commonwealth & Warren Road Pump Level I&II Stations,Hemet California. 7 Million • Suretrack P3 scheduling software • Microsoft Project City of Yucaipa, Solar Canopy (2 MW), Yucaipa California. 6 Million • Bid2Win,Prolog,Constructware • Metropolitan Water District, Henry J. Mills Ozone Treatment Facility, Riverside, • OSHA Confined Space Certified CA. 12 Million • OSHA Trench Safety Competent • Coachella Valley Water District, Palm Desert Water Reclamation Plant No. 10 Person • FirstAid/CPR Certified Bio-solids Upgrade, Coachella, CA. 14 Million • OSHA30 • Coachella Valley Water District, Mid Valley Water Reclamation Plant No 4 Phase 4 Expansion, Coachella, CA. 12 Million • Pepsi Cola Re-Distribution Center, Eugene, Oregon. 3 Million • City of Eugene, Fire Station No. 1 Replacement, Eugene, Oregon. 9.5 Million • Seven Feathers Hotel and Casino Resort, Canyonville, Oregon. 18 Million • Chumash Casino Resort, Santa Ynez, California. 25 Million 0 Lawless Roofing Distribution Center, Grants Pass, Oregon 2.5 Million Jesse Agustin General Superintendant Years of Experience: Results-oriented, hands on construction and development professional. Verifiable 20+YEARS track record for the successful completion of multi-million dollar projects through coordinating trades involved under his supervision. In addition, Jesse works closely with his crew to ensure maintaining an accident-free work environment. He is thor- oughly knowledgeable in the day-to-day operations of the construction work as well as documentation and monitoring of safety procedures. His strength areas consist on his experience and knowledge with Cal OSHA regulations and OCIR Key Projects: Project: Metrolink Pomona(TCSOF)Train Control Support Operations Faculity Value: 10.2 million. Project Description: Development of a new 2 story structural steel building to sup- port the positive train control system . Heavy electrical and low voltage system with redundant power sources emergency generator system . Develop a large parking lot. Green building and landscape to in- sure we retain all rain and water run-off on site Perform street work and coordinated with all utilities city of Pomona public works, SCE,VERIZON, and ATT. Training&Certificates: -OSHA 30 Project:Omnitrans Project -OSHA 10: Completed& Current Modification to maintenance facility and development of new bush -CPR: Completed& Current wash and fueling station as well as support facility for the SBX project. -Standard First Aid: Completed & Current Value: 10.1 million. -PE pipe Fusion:Completed& Project Description: Modify existing facility to maintain the new 60 foot bus added Current new lifts, relocate battery room modify compressor room and methane detection -Ahern Competent Safety Person Qualification: Com- system. pleted & Current -Demolition of existing bus wash and fueling building. -3M Fire Protection Product: -Developed temporary fuel island. Trained-Installer. Completed& Current -Built new building for bus wash (cmu building). -Sunstote Operator Safety -Built new fueling station 9structural steel). Training program: Completed -Installed new generator. & Current -Respirator Use Training and fit -Provided new 10k gallon fuel tank. training:Completed& Current -Hilti Qualified Operator(DX): Project: Los Angeles Trade Technical College; Building Restoration&Modernization Completed& Current - Los Angeles, CA. -Local Union Journeymen Plumber(local582) Value: $42 Million -Fall Protection Project Description: Work consists of interior& exterior improvements to the -Aerial equipment certified existing buildings; a new lobby addition; mechanical building addition; exterior -Fusion certified courtyard; exterior plaza...etc. Structural upgrade to the building including new concrete shear walls, foundations, floor and roof diaphragms &framing, horizon- tal steel trusses & anchorage. Project: J.C. Fremont HS—Health Clinic&Community Garden(LEASE LEASE-BACK) The Fremont HS Health Clinic & Community Garden is a one and one-half acre site that includes a modular community clinic, garden and urban farming project that will provide educational programming,job training opportunities, healthy food access to the students and community members that will also serve as a service learning area for the 4,600 stu- dents at Fremont High School. Jesse Agustin General Superintendant Results-oriented, hands on construction and development professional. Verifiable track record for the successful completion of multi-million dollar projects through coordinating trades involved under his supervision. In addition, Jesse works closely with his crew to ensure maintaining an accident-free work environment. He is thor- oughly knowledgeable in the day-to-day operations of the construction work as well as documentation and monitoring of safety procedures. His strength areas consist on his experience and knowledge with Cal OSHA regulations and OCIR Key Projects (Continued): Washington Prep HS—Health Clinic(LEASE LEASE-BACK) The Washington HS Health Clinic is a two acre site that includes the development of a 2,880 square foot Modular community health clinic and 105 car staff parking lot. The health clinic is to serve the community as well as students attending the high school. Project: City of Costa Mesa Police Station Renovation and New Facilities 1980-1989 —Costa Mesa, CA. Value: $18.9 Million Training&Certificates: Project Description: New construction of a one story building & renovation of -OSHA 30 three story existing police station. -OSHA 10:Completed& Curren -CPR:Completed& Current -Standard First Aid:Completed Project: City of Vernon Fire Station 2, Police Department& Public Works Building & Current -Vernon, CA. -PE pipe Fusion: Completed& Current Value: $5.4 Million -Ahern Competent Safety Project Description: Project consists of new construction of a Fire Station; modern- Person Qualification: Com- ization of a Public Building & a Police Station; hardscape & landscape pleted & Current -3M Fire Protection Product: Trained-Installer:Completed& Project: Top Of The World Elementary School Current - Laguna Beach, CA. -Sunstate Operator Safety Training program: Completed Value: $2.8 Million & Current Project Description: Project consisted of construction of two new site buildings#4 -Respirator Use Training and fit and #6, renovation of Admin building, new soccer field & joining play area, new training: Completed& Current parking lot & UG utilities. -Hilti Qualified Operator(DX): Completed& Current -Local Union Journeymen Project: Lincoln, Keppel, Michelson, Collins, Wirtz & Mokler elementary schools Plumber(local582) - Paramount&West Hills, CA. -Fall Protection -Aerial equipment certified Employer: USS Cal Builders -Fusion certified Value: $4.1 Million Project Description: Modernization of six existing elementary classroom buildings, including underground utilities, and landscape & hardscape. 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, or no later than contract award date. CALIBA INC. Contractor ALLEN OTHMAN By PRESIDENT Title Date: 06/10/2019 DIR#: 1000041461 C-1 I BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low-Income Persons The bidder,under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner,partner, director, officer,or manager(initial the applicable selections): Will ensure that 10%of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10%of its sub-contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub-contracts related to this project. Contractor: CALIBA INC. Contact ALLEN OTHMAN Person: _ Contact Phone: 714-699-5280 Signed: Date: JUNE 10, 2019 *Note: The above certification is required by the Department of Housing and Urban Development(24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub-contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act,as amended in 1992 (HUD). C-12 EXHIBIT A DISADVANTAGED BUSINESS ENTERPRISE (DBE) This Project is subject to Part 200.321, Title 2,Code of Federal Regulations entitled "Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms." The Regulations in their entirety are incorporated herein by this reference. It is the policy of the City that disadvantaged business enterprises(DBEs),as defined in Part 200.321, Title 2 CFR, shall be encouraged to participate in the performance of Contracts financed in whole or in part with federal funds. The Contractor should ensure that DBEs, as defined in Part 200.321,Title 2 CFR, have the opportunity to participate in the performance of this Contract and shall take all necessary and reasonable steps,as set forth in Part 200.321, Title 2 CFR, for this assurance. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. Failure to carry out the requirements of this paragraph shall constitute a breach of Contract and may result in termination of this Contract or other remedy the City may deem appropriate. Bidders shall be fully informed respecting the requirements of the Regulations and are urged to obtain DBE participation in this project, although there is no specific goal for DBE participation. C-13 EXHIBIT B DBE INFORMATION—GOOD FAITH EFFORTS Federal-aid Project No. MSC-528 Bid Opening Date JUNE 13,2019 The City of Huntington Beach established a Disadvantaged Business Enterprise (DBE) goal of 0% for this Project. The information provided herein shows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the "Local Agency Bidder DBE Commitment" form indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the "Local Agency Bidder DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled "Submission of DBE Commitment" of the Special Provisions: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement TO FOLLOW B. The names and dates of written notices sent to certified DBEs soliciting bids for this Project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Follow Up Methods Solicitation and Dates TO FOLLOW C-14 C. The items of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Bidder Normally Items of Work Performs Item Breakdown Amount Percent of Y or N ( ) of Items M Contract TO FOLLOW D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: TO FOLLOW Names, addresses and phone numbers of firms selected for the work above: TO FOLLOW E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: TO FOLLOW C-15 F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: TO FOLLOW G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Method/Date of Contact Results TO FOLLOW H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): TO FOLLOW NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. C-16 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted N/A (2) Signature(given and surname)of proprietor N/A (3) Place of Business N/A (Street and Number) City and State N/A (4) Zip Code N/A Telephone No. (5) E-Mail N/A IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted N/A (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) N/A (3) Place of Business N/A (Street and Number) City and State N/A (4) Zip Code N/A Telephone No. (5) E-Mail N/A C-17 IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted CALIBA INC. (2) ALLEN OTHMAN (Signature) PRESIDENT (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of CALIFORNIA (4) Place of Business 6942 STEEPLECHASE CIRCLE (Street and Number) City and State HUNTINGTON BEACH. CA (5) Zip Code 92648 Telephone No. 714-699-5280 (6) E-Mail BIDDING@CALIBAINC.COM NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED C-18 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 42aA / On � C before me, 1474-( C�ULlntc; . g�L� Date Were Insert Name and Title of the O cer personally appeared �� AMGIL �� ,1✓Ylcc4'X— Names)of Signer(s) who proved to me on the basis of satisfactory evidence be be the personm whose name( s/ le'subscribed to the within instrument and acknowl dged to me that�ei syelthey executed the same in is / authorized capacity(yes), and that byois Fjer/tFjeir signature(s�on the instrument the persons), or the entity upon behalf of which the persons) 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. HAIDY ABOSALAMA NotaryPublic-California WITNESS my hand and official seal. Orange County i; Commission#2270465 eMy Comm.Expires Dec 10,2022 Signature Aei Place 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 ,, ii Title or Type of Document: r� a ik_&S_—. Ch Gh 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 of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 02017 National Notary Association List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners and managing partners: ALLEN OTHMAN-PRESIDENT/TREASURER C-19 EXHIBIT C LOCAL AGENCY BIDDER DBE COMMITMENT(CONSTRUCTION CONTRACTS NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM LOCAL AGENCY: LOCATION: PROJECT DESCRIPTION: CENTRAL LIBRARY RESTROOM ACCESS COMPLIANCE TOTAL CONTRACT AMOUNT: $ BID DATE: 06/13/2019 BIDDER'SNAME: CALIBA INC. CONTRACT DBE GOAL: 0% CONTRACT ITEM OF WORK AND DESCRIPTION DBECERTNO. NAME OF EACH DBE DOLLAR AMOUNT ITEM NO. OR SERVICES TO BE ANDEXPIRATION (Must be certified on the date bids DBE SUBCONTRACTED OR MATERIALS DATE are opened-include DBE address O BE PROVIDED(or contracted if the and phone number) bidder is a DBE) For Local Agency to Complete: Local Agency Contract Number: Total Claimed DBE $ Participation Federal-aid Project Number: % Federal Share: Contract Award Date: Local Agency certifies that all DBE certifications have been verified and information is complete and accurate. ALLEN OTHMAN-PRESIDENT Signature of Bidder 06/10/2019 714 699-5280 Date (Area Code)Tel.No. Print Name Signature Date ALLEN OTHMAN Local Agency Representative Person to Contact (Please Type or Print) (Area Code)Telephone Number: Local Agency Bidder DBE Commitment(Construction Contracts) (Rev 6/26/09) C-20 PLEASE NOTE: This information may be submitted with your bid.If it is not,and you are the apparent low bidder or the second or third low bidder, it must be submitted and received as specified in the Special Provisions. Failure to submit the required DBE commitment will be grounds for finding the bid nonresponsive The form requires specific information regarding the construction contract: Local Agency, Location, Project Description, Total Contract Amount, Bid Date, Bidder's Name, and Contract DBE Goal. The form has a column for the Contract Item Number and Item of Work and Description or Services to be Subcontracted or Materials to be provided by DBEs. Prime contractors shall indicate all work to be performed by DBEs including, if the prime is a DBE, work performed by its own forces, if a DBE. The DBE shall provide a certification number to the Contractor and expiration date. Enter the DBE prime's and subcontractors' certification numbers. The form has a column for the Names of DBE contractors to perform the work (who must be certified on the date bids are opened and include the DBE address and phone number). IMPORTANT: Identify all DBE firms participating in the project regardless of tier. Names of the First-Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the DBE participation dollar amount. Enter the Total Claimed DBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or furnished by the DBE.) See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction contracts), to determine how to count the participation of DBE firms. Exhibit 15-G must be signed and dated by the person bidding. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Local Agency Contract Award, Federal-aid Project Number, Federal Share, Contract Award Date fields and verify that all information is complete and accurate before signing and filing. C-21 EXHIBIT D EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder CALIBA INC. [proposed subcontractor J hereby certifies that he/she/it has , has not x ,participated in a previous contract or subcontract subject to the Equal Opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required,he/she/it has filed with the Joint Reporting Committee,the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency,or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor(41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of$10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. (eeoc.gov/employers/eeolsurvey/index.cfm) Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Signature: Date: JUNE 10, 2019 Print Name: ALLEN OTHMAN Title: PRESIDENT C-22 EXHIBIT E NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) MSC-528 Central Library Restroom Access Compliance To the City of Huntington Beach In conformance with Title 23 United States Code Section 112 and California Public Contract Code 7106 the bidder declares that the bid is not made in the interest of,or on 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 of the bidder or any other bidder, or to fix any overhead, profit,or cost element of the bid price, or of 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, any fee to any corporation,partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Bidder's Proposal. By signing the Proposal,the Bidder has also signed this Noncollusion Affidavit. Bidders are cautioned that making a false Certification may subject the Bidder to criminal prosecution. Signature: Date: JUNE 10, 2019 Print Name: ALLEN OTHMAN Title: PRESIDENT C-23 EXHIBIT F DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS,PART 29 The Bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated with Bidder in the capacity of owner,partner, director, officer, manager: • is not currently under suspension, debarment,voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred,voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against him/her by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Signature: Date: JUNE 10, 2019 Print Name: ALLEN OTHMAN Title: PRESIDENT C-24 EXHIBIT G NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief,that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signature: 4��K -- Date: JUNE 1Q 2019 Print Name: Al i EN OTHMAN Title: PRESIDENT C-25 EXHIBIT H DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C.1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑a.contract ❑a.bid/offer/application El a.initial b.grant b.initial award b.material change c.cooperative agreement c.post-award d.loan For Material Change Only: e.loan guarantee year quarter f.loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: Prime Subawardee Tier ifknown Congressional District,ifknown Congressional District,ifknown 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number,ifapplicable 8. Federal Action Number,ifknown: 9. Award Amount,ifknown: 10. a.Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual,last name,first name,MI) address ifdifferent from No.10a) (last name,first name,MI) (attach Continuation Sheet(s)if necessary) 11. Amount of Payment cI ck all that appi 13. Type of Payment(checkallthatapply) $ Actual planned a.retainer b.one-time fee 12. Fr_-'�'of Payment(check all that apply): C.commission a.cash d.contingent fee b.in-kind; specify: nature a deferred value f.other,specify. 14. Brief Description of Services Performed or to be performed and Date(s)of Service,including officer(s),employee(s),or member(s)contacted,for Payment Indicated in Item 11: (attach Continuation Sheet(s)if ossary) 15. Continuation Sheet(s)attached: Yes No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into.This disclosure is required pursuant to 31 U.S.C. Print Name: 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any Title: person who fails to file the required disclosure shall be subject to a civil penalty of not less than$10,000 and not more than Telephone No.: Date: $100,000 for each such failure. Authorized for Local Reproduction Federal Use Only: Standard Form-LLL Standard Form LLL Rev.09-12-97 C-26 INSTRUCTIONS FOR COMPLETION OF EXHIBIT H, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1) Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of a covered Federal action. 2) Identify the status of the covered Federal action. 3) Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4) Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5) If the organization filing the report in Item 4 checks "Subawardee"then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6) Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7) Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants,cooperative agreements, loans and loan commitments. 8) Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9) For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10)(a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if C-27 different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11)Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12)Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13)Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14)Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s)employee(s)or Member(s)of Congress that were contacted. 15)Check whether or not a continuation sheet(s) is attached. 16)The certifying official shall sign and date the form,print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). C-28 EXHIBIT I FEDERAL LOBBYING RESTRICTIONS Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form - LLL, "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes: 1) A cumulative increase if$25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or 2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or 3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. C-29 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431 , Fax (714) 375-5099 ADDENDUM NUMBER ONE For CENTRAL LIBRARY RESTROOM ACCESS COMPLIANCE in the CITY OF HUNTINGTON BEACH May 30, 2019 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. LIMITED ASBESTOS AND HAZARDOUS MATERIALS BULK SURVEY Limited Asbestos and Hazardous Materials Bulk Survey and Remediation Plan prepared by Healthy Buildings dated May 22, 2019. This report shall become Appendix J of the project bid manual. This is to acknowledge receipt and review of Addendum Number One, dated May 30, 2019. CALIBA INC. ALLEN OTH AN- PRESIDENT Company Name By JUNE 10, 2019 Date All bidders must acknowledge and include the receipt of this Addendum with your bid or000sal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8861 within 24 hours of posting. Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place r jhavinesy) Caliba Inc. United States Fire Insurance Company 6942 Steeplechase Circle 305 Madison Avenue Huntington Beach, CA 92648 Morristown, NJ 07962 This document has important legal consequences.Consultation Mailing Address for Notices with an attorney is encouraged United States Fire Insurance Company with respect to its completion or OWNER: 305 Madison Avenue modification. (Name,legal status and address) Morristown, NJ 07962 C Any singular reference to City of Huntington Beach 2000 Main Street Contractor,Surety,Owner or other party shall be considered Huntington Beach, CA 92648 plural where applicable. BOND AMOUNT: Ten Percent of the Bid Amount (10%of the Bid Amount) PROJECT: (,'Fame,location or address,ardi'rojectr umber,.ifaitiy MSC-528 Central Library Restroom Access Compliance 7111 Talbert Avenue Huntington Beach, CA The Contractor and Surety are bound to the Owncr 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 o£this Bond arc 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 Owncr 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 aniount specified in said bid and such larger aniount for which the Owner may in good faith contract with another party to perliirm the work covered by said bid,then this obligation shall be null and void,otherwise to remain in liill lorce and eilect.The Surely hereby waives any notice ol'an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid,Waiver ol'nolice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time fibr acceptance of bids specified in the bid documents;and the Owner and Contractor shall obtain file Surety's consent Ibr an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the tern Contractor in this Bond sliall be deemed to be Subcontractor and the terin Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirenent in the location ol'the Project any provision in this Bond conflicting with said Stafnlory or legal requirement shall be deemed deleted herelrom and provisions conlbnning to such statutory or other legal requirement shall be deemed incorporated herein.When so liirnished,the intent is that this Bond shall be construed as a statutory bond and not as a coninion law bond. Signed and scaled this 6th day of June, 2019 Caliba Inc. (Principal) (Seal) (lVitness) B : (Title) United States Fire Insurance Company (11)711 -Jvv Patricia Arana �J By: Ne)Li ' . i r rnton' Attorney-in-Fact Surety Phone No. 973 490-6600 S-0054/AS 8/10 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 ) ss County of Los Angeles ) On `;, A, before me, Patricia Arana, Notary Public, personally appeared Lisa L. Thornton who proved to me on the basis of satisfactory evidence to be the person{} whose namek4 is�a� subscribed to the within instrument and acknowledged to me that #e�she/t ey executed the same in 44 her4l e+f authorized capacity{{es}, and that by 4i4her/ #_4 signatures}on the instrument the personks}, 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. PATRI�-California llotary Pu Z rt. Los Angeles County > 3•, Commission N 2220761 My Comm.Expires Nov 5,2021 _ Signature: (Seal) Pa"'' Arana, Notary Public POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE-MORRISTOWN,NEW JERSEY 01687411319 KNOW ALL MEN BY THESE PRESENTS:That United States Fire Insurance Company,a corporation duly organized and existing under the laws of the state of Delaware,has made,constituted and appointed,and does hereby make,constitute and appoint: C.K.Nakamura,Noemi Ouiroz,Maria Pena, Tim Tomko, Tiffany Coronado,Jessica Rosser,Natalie K. Troftmoff, Lisa L. Thornton,Patricia S.Arana each,its true and lawful Attomey(s)-In-Fact,with frill power and authority hereby conferred in its name;place and stead,to execute,acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Seven Million, Five Hundred Thousand Dollars($7,500,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys-In-Fact named above and expires on January 31,2020. This Power of Attorney is granted pursuant to Article TV of the By-Laws of United States Fire Insurance Company as now in full force and effect; and consistent with Article III thereof,which Articles provide,in pertinent part: Article IV,Execution of Instruments-Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice-President,any Assistant Vice President,the Secretary,or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute,affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts,obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney; stipulations, policies of insurance, deeds; leases, mortgages, releases,satisfactions and agency agreements; (b) to appoint,in writing,one or more persons for any or all of the purposes mentioned in the preceding paragraph(a),including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances,stipulations,powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile,lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation,notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 10`h day of March,2016. UNITED STATES /FIR F yINCITRANCE COI\IPANY Anthony R.Slimowicz,Executive Vice President State of New Jersey) County ofMorris ) On this 10`h day of March 2016, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company,to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. SONIA SCALA .6Z-- NOTARY PUBLIC OF NEW JERSEY Sonia Scala (Notary Public) MY CObiYfISSION EXPIRES 3/25/2019 I,the undersigned officer of United States Fire Insurance Company,a Delaware corporation,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the day of 20 UNITED STATES FIRE INSURANCE COMPANY Al Wright,Senior Vice President 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 1 County of J} On -f����2e^��f before me, ri 0h,1 Date ere insert Name and Title of th fficer personally appeared Q fA== rr_ Nome(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person,(s) whose name(5 i afe subscribed P to the within instrument and acknowl ged to me thatQsXe/tt)xey executed the same in r/toir authorized capacityki ), and that by 6i r/tkeir signatures' 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. emy HAIDY ABOSALAMA Notary Public CaliforniaWITNESS my hand and official seal. Orange County Commission#2270465 Comm.Expires Dec 10,2022 Signature Place Notary Seal and/or Stomp 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: eili Mom./ 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 of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 02017 National Notary Association PHONE(714)699-5280 CALIBA INC. FAX(714)947-1022 LICENSE NO.657694/DIR NO.1000041461 sally0calibainc.com 10580 BEACH BLVD.,STANTON,CA 90680 CENTRAL LIBRARY RESTROOM ACCESS I COMPLIANCE z� MSC-528 0 Z' CITY OF HUNTINGTON BEACH m 2ND FLOOR CITY CLERK'S OFFICE 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 SEALED BID BID DATE:JUNE 13,2019 ENCLOSED BID TIME:2:00 PM _� V f- City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Robin Estanislau, City Clerk September 20, 2019 Klassic Engineering & Construction Inc. 250 S. Tustin St. Orange, CA 92866 RE: Central Library Restroom Access Compliance— MSC No. 528 Enclosed please find your original bid bond for MSC-528. Sincerely, � q44v4J,4,4d Robin Estanislau, CIVIC City Clerk RE:tm Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of MSC-528 CENTRAL LIBRARY RESTROOM ACCESS COMPLIANCE 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 therefore, 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 fiLworking days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site,plans,specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes,royalties, fees,etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will re-advertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bid Bond in the amount of (Please insert the words"Cash","Certified Check",or"Bidder's Bond for %",as the case may be) $ 1 iS S 4 000. M 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. Any standard Surety Bid Bond form is acceptable. C-1 Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidde iofature 1 05/28/2019 PROJECT WORK SCHEDULE: 1. The contract shall allow the Contractor 60 working days to complete the contract. 2. Contract work shall begin no later than August 5,2019 or date stated on the Notice to Proceed. 3. Contract work shall be completed no later than October 4,2019 or date stated on Notice to Proceed. Bidder shall si ify receipt of ork Schedule here: Bidder's Sign at re PROJECT BID SCHEDULE Item No. Item Bid Amount in Figures 1. MSC-528 Central Construct restrooms to per plans C2 Library Restroom and specifications $ I� �� ,�.�� M Access Compliance Total Lump Sum Bid Amount $ Total Bid Amount in Words: C)XV— 4"V'\J( _ r1n_k-\-i' 1)(A C-i LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104,the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) State Lic.# Dollar %of Name and Address of Subcontractor and Class DIR# Amount Contract New Art Construction 860518 1000060519 fi 1301 W. Glenoaks Blvd. B,C 10, Glendale Ca. 91201 C46 J & C Environmental 953948 1000041997 11090 58th Street B, C21, Q' Mira Loma Ca. 91752 C22 °fi YTI Enterprises, Inc. 830286 1000005750 1260 S. State College Pkwy C61,D34 SIMCO Mechanical, Inc. 974288 1000005424 3795 La Crescenta Ave. #102 C20 4� Glendale Ca. 91208 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 on06/10/2019 at Orange , CA. Date City State Keivan Shirali being first duly sworn, deposes and says that he or she is C.E.O. of Kiassic Engineering&Construction Inc. the parry 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. Keivan Shirali Name of adder 1 ature of Bidder PIV 250 S. Tustin St. Orange, Ca. 92866 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 PROJECT NAME, (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. Klassic En ineeri Construction Inc. Contractor 1 �v Keivan Shiraii By C.E.O. Title Date: 06/10/2019 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 VNo 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. Klassic Engine & Construction Inc. Contractor Kevin Shirali By C.E.O. Title Date: I I I ZO l C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Klassic Engineering & Construction Inc. Bidder Name 250 S. Tustin St. Business Address Orange, California 92866 City, State Zip (714) 369-8389 Telephone Number 759241 A & B State Contractor's License No. and Class 02/18/1999 Original Date Issued 02/28/2021 Expiration Date The work site was inspected by Keivan Shirali of our office on 05/28/19 12019. The following are persons, firms, and corporations having a principal interest in this proposal: Keivan Shirali Klassic Engineerinq & Construction Inc. The undersigned is prepared to satisfy the Council of the City of ntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work a provements in accordance with the plans and specifications set forth. Klassic En i er & Co Etion Inc. Company Na If T Signat a of Bidder Keivan Shirali Printed or Typed Signature Subscribed and sworn to before me this of , 201 NOTARY PUBLIC � NOTARY SEAL C-8 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 `*See Attached Document(Notary to cross out lines 1-6 below) ❑See Statement Below(Lines 1-6 to be completed only by document signer[s], not Notary) G� Signature of Document Signer No. 1 Signature of Document Signer No. 2(if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California Subscribed and sworn to (or affirmed) before me�/� Countyof ��� on this 0 day of �ur� 20 ` 1 , by ,Date Month Year (1) 1`��1 VCU-% 5�11 f l HANINABDALLAH (and(2) ) AMY Notary Public•California Orange County NorpeMT of Signe K Commission N 223496t Comm.Expires Mar 19,2022 proved to me on the basis of satisfactory evidence to be the pers ear before e. Signature Place 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 I Title or Type of Document: Document Date: `0 L�3 I-Z 0 l9 Number of Pages: Signer(s) Other Than Named Above: N l ©2017 National Notary Association M 1304-08 (09/17) Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. List below the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. MT. San Antonio College District 1100 N. Grand Ave.; Walnut, CA. 91789 Name and Address of Public Agency David Joseph / (909) 376-1462 Name and Telephone No. of Project Manager $2,439,942.00 Restroom Renovations Bldg. 26 03/2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Demolition of Staff and Studen Restrooms. New Installation of Tile, Sinks, Waterclosets, Restroom Accessories, Signage and doors. 2. City of Santa Ana Public Works / 20 Civic Center Plaza; Santa Ana, Ca. 92701 Name and Address of Public Agency Michael Ortiz / 714-615-0892 Name and Telephone No. of Proj t M f�esfro&m na er Renovations $136,735.00 at Train Station 01/2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Demolish Interior of Existing Restrooms, Installed New Water Closets, Sinks, Countertops, Mirrors, Restroom Accessories and New Single Door Operators 3. City of Anaheim Public Works / 200 South Anaheim Blvd., Anaheim, Ca. 92805 Name and Address of Public Agency Robert Luciano / 714-765-5286 Name and Telephone No. of Project Managger New C.M.0 $950,000.00 & Restroom Building 03/2016 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Partial Demolition of Existing Building while Salvaging Portion of Existing Building. Ins- tallation of new Rough & Final Plumbing, New Fixtures, Accessories, Singage Ceiling & Doors. C-9 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. Alexander Shirali Name of proposed Project Manager Telephone No. of proposed Project Manager: (714) 582-8435 Santa Ana Regional Transportation Center Restroom Renovation $1.4 Million / Restroom Renovations / 01/18/2019 Project Name&Contract Amount Type of Work Date Completed MT. SAC - Humanities/Social Science Bldg. 26 Restroom Renovations Staff & Student Phase II to be completed $2.5 Million / Restroom Remodel / 08/30/2019 Project Name&Contract Amount Type of Work Date Completed Schweitzer Park $950,000.00 / New Park Restroom Building / 03/20/2016 Project Name& Contract Amount Type of Work Date Completed 2. Keivan Shirali Name of proposed Superintendent Telephone No. of proposed Superintendent: (7 1 4) 552-1 660 Santa Ana Regional Transportation Center Restroom Renovation $1.4 Million / Restroom Renovations / 01/18/2019 Project Name&Contract Amount Type of Work Date Completed MT. SAC - Humanities/Social Science Bldg. 26 Restroom Renovations Staff& Studen Phase 11 to be completed $2.5 Million / Restroom Remodel / 08/30/2019 Project Name & Contract Amount Type of Work Date Completed Schweitzer Park $950,000.00 / New Park Restroom Building I 03/20/2016 Project Name& Contract Amount Type of Work Date Completed C-10 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS(DIR)CERTIFICATE Pursuant to SB 854(citing Labor Code Section 1771.1(a)),passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationFortn 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 ofthis 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, or no later than contract award date. Klassic En ineenn Construction Inc. Contr for Keivan Shirali By C.E.O. Title Date: 06/10/19 DIR#: 1000014420 C-t i BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low-Income Persons The bidder, under penalty of perjury,certifies that except as noted below,any person associated therewith in the capacity of owner, partner, director, officer,or manager(initial the applicable selections): X Will ensure that 10%of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10%of its sub-contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub-contracts related to this project. Contractor: Klassic Engineering & Construction Inc. Contact Keivan Shirali Person: _ Contact Phone: 7 14- - 9 x 1001 Signed: Date: 06/10/19 *Note: The above certification is required by the Department of Housing and Urban Development(24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub-contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992(HUD). C-12 EXHIBIT A DISADVANTAGED BUSINESS ENTERPRISE (DBE) This Project is subject to Part 200.321,Title 2, Code of Federal Regulations entitled "Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms."The Regulations in their entirety are incorporated herein by this reference. It is the policy of the City that disadvantaged business enterprises(DBEs), as defined in Part 200.321,Title 2 CFR, shall be encouraged to participate in the performance of Contracts financed in whole or in part with federal funds.The Contractor should ensure that DBEs,as defined in Part 200.321,Title 2 CFR,have the opportunity to participate in the performance of this Contract and shall take all necessary and reasonable steps, as set forth in Part 200.321,Title 2 CFR, for this assurance.The Contractor shall not discriminate on the basis of race, color,national origin, or sex in the award and performance of subcontracts. Failure to carry out the requirements of this paragraph shall constitute a breach of Contract and may result in termination of this Contract or other remedy the City may deem appropriate. Bidders shall be fully informed respecting the requirements of the Regulations and are urged to obtain DBE participation in this project, although there is no specific goal for DBE participation. C-13 EXHIBIT B DBE INFORMATION—GOOD FAITH EFFORTS Federal-aid Project No. MSC - 528 Bid Opening Date 06/13/19 @ 2:00 p.m. The City of Huntington Beach established a Disadvantaged BusineCEnterprise (DBE) goal =00%/ofor this Project. The information provided herein shows that a good faith d . Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the "Local Agency Bidder DBE Commitment" form indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the "Local Agency Bidder DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled "Submission of DBE Commitment" of the Special Provisions: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement N/A B. The names and dates of written notices sent to certified DBEs soliciting bids for this Project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations,etc.): Names of DBEs Solicited Date of Initial Follow Up Methods Solicitation and Dates N/A C-14 C. The items of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Bidder Normally Items of Work Performs Item Amount Percent of Breakdown ($) Contract (Y or N) of Items N/A D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved),and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: N/A Names,addresses and phone numbers of firms selected for the work above: N/A E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: N/A C-15 F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: N/A G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Method/Date of Contact Results N/A H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): N/A NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. C-16 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature(given and surname)of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail C-17 IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted K10mic En inee - Construction Inc. (2) (Signatu •`'��•� CONS,''•,, C.E.O. ;• �, ;••pCFaTF . �,, . (Title) Impress Corporate Seal here CAL1� (3) Incorporated under the laws of the State of California (4) Place of Business 250 S. Tustin St. (Street and Number) City and State Orange, Ca. (5) zip Code 92866 Telephone No. 714-369-8389 (6) E-Mail klassicinc3 a0gmail.com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED C-18 List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners and managing partners: Keivan Shirali / CEO / 100% C-19 EXHIBIT C LOCAL AGENCY BIDDER DBE COMMITMENT(CONSTRUCTION CONTRACTS NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM 7111 Talbert Ave., LOCAL AGENCY:H u ntington Beach Public Works LocATIoN: Huntington Beach, Ca. 92648 PROJECT DESCRIPTION: Restroom Access Compliance TOTAL CONTRACT AMOUNT: $ BIDDATE: 06/13/19 BIDDER'S NAME: Klassic Engineering&Construction Inc. 0 CONTRACT DBE GOAL: 0�0 CONTRACT TEM OF WORK AND DESCRIPTION DBECERTNO. NAME OF EACH DBE DOLLARAMOUNT ITEM NO. R SERVICES TO BE ANDEXPIRATION (Must be certified on the date bids DBE UBCONTRACTED OR MATERIALS DATE are opened-include DBE address O BE PROVIDED(or contracted if the and phone number) idder is a DBE) For Local Agency to Complete: Local Agency Contract Number: Total Claimed DBEParticipation Federal-aid Project Number: % Federal Share: Contract Award Date: Local Agency certifies that all DBE certifications have been verified and I information is complete and accurate. Signature of Bidder 06/10/19 (714) 369-8389 Date (Area Code)Tel.No. Print Name signature Date Keivan Shirali Local Agency Representative Person to Contact (Please Type or Print) (Area Code)Telephone Number. Local Agency Bidder DBE Commitment(Construction Contracts) (Rev 6/26/09) C-20 EXHIBIT 15 — G for Central Library Restroom Access Compliance MSC-5 28 Klassic Engineering & Construction Inc 250 S. Tustin St. Orange, Ca. 92866 Local Assistance Procedures Manual Exhibit 15-G Construction Contract DBE Commitment EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT 1. Local Agency: Huntington Beach Public Works 2. Contract DBE Goal: 0% 3. Project Description: Restroom Renovation Access to meet ADA Compliance 4. Project Location: 7111 Talbert Ave.,Huntington Beach,Ca.92648 5. Bidder's Name: Klassic Engineering&Construction Inc. 6. Prime Certified DBE: ❑ 7. Bid Amount: 8.Total Dollar Amount for ALL Subcontractors: 9.Total Number of ALL Subcontractors: 10. Bid 12. DBE 14. DBE Item 11.Description of Work,Service,or Materials Certification 13. DBE Contact Information Dollar Number Supplied Number (Must be certified on the date bids are opened) Amount N/A N/A N/A NIA Local Agency to Complete this Section upon Execution of Award 21.Local Agency Contract Number: $ 0.00 15.TOTAL CLAIMED DBE PARTICIPATION 22. Federal-Aid Project Number: 23. Bid Opening Date: 0 24.Contract Award Date: IMPORTANT: Identify all DBE firms ng claimed for credit, 25.Award Amount: regardless of tier. Names of the Fir flier DBE Subcontractors and their respective item(s)of work above must be consistent, where applicable with the na items of the work in the Local Agency certifies that all DBE certifications are valid and information on "Subcontractor List".submit your bid.Written confirmation of this form is complete and accurate. each lis d is require t 06/13/2019 26.Local Agency Representative's Signature 27. Date 16.Preparer's Sign6iW 17. Date Keivan Shirali (714)369-8389 28.Local Agency Representative's Name 29.Phone 18.Preparer's Name 19.Phone C.E.O. 30. Local Agency Representative's Title 20.Preparer's Title DISTRIBUTION: 1.Original-Local Agency 2.Copy-Caltrans District Local Assistance Engineer(DLAE).Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract. 3. Include additional copy with award package. LPP 18-01 Page 1 of 3 January 2019 PLEASE NOTE: This information may be submitted with your bid. If it is not,and you are the apparent low bidder or the second or third low bidder, it must be submitted and received as specified in the Special Provisions. Failure to submit the required DBE commitment will be grounds for finding the bid nonresponsive The form requires specific information regarding the construction contract: Local Agency, Location, Project Description, Total Contract Amount, Bid Date, Bidder's Name, and Contract DBE Goal. The form has a column for the Contract Item Number and Item of Work and Description or Services to be Subcontracted or Materials to be provided by DBEs. Prime contractors shall indicate all work to be performed by DBEs including, if the prime is a DBE, work performed by its own forces, if a DBE. The DBE shall provide a certification number to the Contractor and expiration date. Enter the DBE prime's and subcontractors' certification numbers. The form has a column for the Names of DBE contractors to perform the work (who must be certified on the date bids are opened and include the DBE address and phone number). IMPORTANT: Identify all DBE firms participating in the project regardless of tier. Names of the First-Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the DBE participation dollar amount. Enter the Total Claimed DBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or furnished by the DBE.) See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction contracts), to determine how to count the participation of DBE firms. Exhibit 15-G must be signed and dated by the person bidding. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Local Agency Contract Award, Federal-aid Project Number, Federal Share, Contract Award Date fields and verify that all information is complete and accurate before signing and filing. C-21 EXHIBIT D EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder Klassic Engineering & Construction Inc. [proposed subcontractor J hereby certifies that he/she/it has X , has not , participated in a previous contract or subcontract subject to the Equal Opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that,where required, he/she/it has filed with the Joint Reporting Committee,the Director of the Office of Federal Contract Compliance,a Federal Government contracting or administering agency,or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor(41 CFR 60-1.7(b)(1)),and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of$10,000 or under are exempt.) Currently, Standard Form 100(EEO-1) is the only report required by the Executive Orders or their implementing regulations. (eeoc.gov/employers/eeolsurvey/index.cftn) Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1)prevents the award o ntracts and subcontracts unless such contractor submits a report covering the de ' ent period or such other period specified by the Federal Highway A inistration or by t ctor, Office of Federal Contract Compliance, U.S. Department o a Signature: Date: 06/10/19 Print Name: Keivan Shirali Title: C.E.O. C-22 EXHIBIT E NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) MSC-528 Central Library Restroom Access Compliance To the City of Huntington Beach In conformance with Title 23 United States Code Section 112 and California Public Contract Code 7106 the bidder declares that the bid is not made in the interest of,or on 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 of the bidder or any other bidder, or to fix any overhead,profit,or cost element of the bid price, or of 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,any fee to any corporation,partnership, company association, organization, bid depository,or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Bidder's Proposal. By signing the Proposal,the Bidder has also signed his Noncollusion Affidavit. Bidders are ca one at makin Ise Certification may subject the Bidder to criminal pro c ' n. 1 Signature: Date: 06/ 0/19 Print Name: K@ivan Shifall Title: C.E.Q. C-23 EXHIBIT F DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS,PART 29 The Bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated with Bidder in the capacity of owner,partner,director,officer, manager: • is not currently under suspension, debarment,voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred,voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted,convicted,or had a civil judgment rendered against him/her by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Note: Providing false information may re It in criminal prosecution or administrative sanctions. The above certification is f the Proposal. Signing this Proposal on the signature port' n the f shall also to signature of this Certification. Signature: Date: 06/10/19 Print Name: Keivan Shirali Title: C.E.O. C-24 EXHIBIT G NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief,that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this c5rt ification be included in all lower tier subcontracts, which exceed $100,0 and hat all subrecipients shall certify and disclose accordingly. r Signature: Date: 06/10/19 Print Name: Keivan Shirali Title: C.E.0. C-25 EXHIBIT H DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: r_A�a.contract FA-1a.bid/offer/application R a.initial b.grant b.initial award b.material change C.cooperative agreement c.post-award d.loan For Material Change Only: e.loan guarantee year quarter f loan insurance date of last report 4. ee and Address of Rep�ng Entity 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: Prime Subavardee Tier if known Congressional District,ifknown Congressional District,ifknown 6. rsiDepartment/Agency: 7. Federal Program Name/Description: CFDA Number,ifapplicable 8. Federal Action C4, 9. Award Amount,ifknown: 10. a.Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual,last name,first name,MI) 44 address if different from No.10a) � e,first name,MI) (attach Continuation Sheet(;)if .a 11. Amount of Payment check all that appl 13. Type of Payment(� a t a ply) $ I Actual planned a.retainer C b.one-time fee 12. F rn of Payment(check all that apply): C.commission buy a.cash d.contingent fee b.in-kind, specify: nature a deferred value f.other,specify 14. Brief Description of Services Performed or to be performed and Date(s)of Service,including officer(s),employee(s),or member(s)contacted,for Payment Indicated in Item 11: (attach Conti0on Shcet(s)if lassary) 15. Continuation Sheet(s)attached; Yes No 16. Information requested through this form is authorized by Title \ 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or Keivan Shir entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any Title: C.E.O. person who fails to file the required disclosure shall be subject (714) 369-8389 Date:06/10/19 to a civil penalty of not less than$10,000 and not more than Telephone No.: $100,000 for each such failure. Authorized for Local Reproduction Federal Use Only: Standard Form-LLL Standard Form LLL Rev.09-12-97 C-26 INSTRUCTIONS FOR COMPLETION OF EXHIBIT H, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1) Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of a covered Federal action. 2) Identify the status of the covered Federal action. 3) Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4) Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5) If the organization filing the report in Item 4 checks "Subawardee"then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6) Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7) Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants,cooperative agreements, loans and loan commitments. 8) Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number,the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9) For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10)(a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if C-27 different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11)Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12)Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13)Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14)Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s)employee(s)or Member(s)of Congress that were contacted. 15)Check whether or not a continuation sheet(s) is attached. 16)The certifying official shall sign and date the form,print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). C-28 EXHIBIT I FF.DERAi. LOBBYING RESTRICTIONS Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form - LLL, "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes: 1) A cumulative increase if$25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or 2) A change in the person(s)or individual(s) influencing or attempting to influence a covered Federal action; or 3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. C-29 Addendum Number One Acknowledgement For Central Library Restroom Access Compliance MSC — 528 Klassic Engineering & Construction Inc. 250 S. Tustin St. Orange, Ca. 92866 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431 , Fax (714) 375-5099 ADDENDUM NUMBER ONE For CENTRAL LIBRARY RESTROOM ACCESS COMPLIANCE in the CITY OF HUNTINGTON BEACH May 30, 2019 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. LIMITED ASBESTOS AND HAZARDOUS MATERIALS BULK SURVEY Limited Asbestos and Hazardous Materials Bulk Survey and Remediation Plan prepared by Healthy Buildings dated May 22,2019. This report shall become Appendix J of the project bid manual. This is to acknowledge receipt and review of Addendum Number One, dated May 30, 2019. Klassic Engineering & Construction Inc. Keiv S ' i Company Name By 06/03/19 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8861 within 24 hours of posting. BID BOND for Central Library Restroom Access Compliance MSC-528 Klassic Engineering & Construction Inc. 250 S. Tustin St. Orange, Ca. 92866 t,-wW6,'A1A Document A31 QTM - 2010 Bid Bond CONTRACTOR: SURETY: Nationwide Mutual Insurance Company (Name, legal status and address) (Name, legal status and principal place Klassic Engineering and Construction Inc. of business) 7 World Trade Center,37th Floor 250 S.Tustin Street,Orange,CA 92866 250 Greenwich Street New York, NY 10007-0033 This document has important legal consequences.Consultation with OWNER: City of Huntington Beach Public Works an attorney is encouraged with (Name, legal status and address) respect to its completion or modification. Any singular reference to Contractor,Surety,Owner or BOND AMOUNT: 0 TEN PERCENT(10%)of the Total Amount Bid other party shall be considered plural where applicable. PROJECT: MSC-528 Central Library Restroom Access Compliance {'Name, location or address, and Project number, ifant) 7111 Talbert Ave., Huntington Beach,Ca.92648 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 anv 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, am-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 11th day of June,2019 Klassic Engineering and Construction Inc. (Principal) (Seal) (Witness) (Title) Ufl 1 a tt II,,pp yy 1 D q L� 19(Seal) ( ristine aestas, itness 29A��� J fit e) Edward N. Hackett,Attorney in Fact AIA Document A310Tm—2010.Copyright 0 1963,1970 and 2010 by The American Institute of Architects.All rights reserved. I CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verified only the identity of the individual who signed State of California the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. County of Orange_ _ On JUN 11. 2D19 before me, C. Maestas,Notary Public (I fete insert name and title of tltc officer) personally appeared Edward N. Hackett who proved to me on the basis of satisfactory evidence to be the person(*)whose name(s) isktre subscribed to the within instrument and acknowledged to nee that hekAeA€ey executed the same in his4w-,14l r- authorized capacity(+es),and that by hiss lt6f-signature(4}on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY Or PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. C. MAESTAS Commission #2117336 WITNESS my hand and official seal. z = Notary public-California Orange County My Comm.Expires Jul 24,2019 �i (Notary Scsl: Sib •nf Puhlic i ADDITIONAL OPTIONAL INFORMATION INS RUCTIONS FOR COMPLt;rING THIS FORM i Attt rrcLmtu leclgrnetrl rumpkaral in C'arlifintitia nuto ennittin wrhh,%r ermi4v a DISC'tali'T'IONOFTI{1EAT AC1IBDDOCUMENT appett"aMeinihenotwysecttrmorusrparatrvtEttuntedgutrtttJimmfiutstbc, propvr/t-ritopletcd wad eumehed to that dorumew, The only exception is ff a City of Huntington Beach Bid Bond thtrnarent is to he ttrrended outsrrkt al'confortda.In-welt tnetauees.am aftcrualivc (Title or description of attached dactmmrtt) tXkmtuledgment verhiage as way he pris'o t)oa such a doculne"I so long rat the srrhtabe does nix require dtc+often•to rkr snmtl/ri+tg that is lflegullX a notrrn•in Cafifiwnfa rl a.err•ryWng the autkr+riz,?d rnprtr•tn of the xigner).Pleresa rkru'k the (Title or description or aitached document continued) docnawnt cwVftrttt-f w pr»txr mHtrrial rrordirrg tout aurrc•h this fe m ifreruiml. ]a a Atoll • state and County intfnrmatimt roast be the State and County where the do untent Norther of Pages_ _ Dtxurnent Date �19signct(s)ptasawify appearczl before the nutary public lit acknowlcdgujent. • Date of ootarizalion smut be the date that the signct(s)personally appe"and which .Host also be the same date the acknowledgment is completed. (Additiondl infotntation) • The notary public nnust print his or her name as it appears Within his our her commission folim%of by a cumuta and then your titic(rntxaty public). • Prim tlx:(tamc(s€of documcal signcris)wiw pcxsotnally appear at the time or notaricaikmL CAPACITY CLAIMED BY TILE SIGNER htficate the correct singular or plural forms by crossing off incorrect forms(i.c. 4Wshe*kTr is4w)or circling the,correct rorms.Failure to correctly indicate ibis Individual W intonnwion may lead to rrjtttiun ordocuna-n1 rcetAing. (1 Corporate Officer The notary seal irnptrssion must bo clear and ptutiographically roproducibic. Impression must not cover text,or linos.If seal hnprcssion stnudscs,re-seal il'a (Title) sufficient area permits,oaherwzse complete a ditferattt acknowledgment fo s. D Partner(s) • signature of the notary public nnust match the signature on file with the office of the county clerk. Attorney-in-Fact as Additional information m not requited but could hop to ensure this ri Trustee(s) acknowle€ginont is not misused or attached to a dirfercrtt docunxatt. l M Indicate title or type of attached dx:unatnt,number of pages and date. Other CA Indicnic the capacity claimed by the signer.If the ciairnned capacity is a .......... ..-. i corporate officer.indicate the title(i.e,CEO.CFO.Sa rotary). Securely attach this document to t€te signed document µt)p�Version CAPA v€2.IO.t)"30f'>-gi.l-?8$S 3awot.?dararyCiasscs,ctun Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation Allied Property and Casualty Insurance Company,an Iowa corporation hereinafter referred to severally as the"Company"and collectively as"the Companies"does hereby make,constitute and appoint: EDWARD N. HACKETT IRVINE CA each in their individual capacity,its true and lawful attomey-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of FIVE MILLION AND NO/100 DOLLARS $ 5,000,000.00 and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require; and to modify or revoke,with or without cause,any such appointment or authority; provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney Issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents," This power of attomey is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments.Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided, however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument o sealed and duly attested by the signature of its officer the 271h day of February.2019. K� -0_vuuw,', +�, Antonio .Albanese,Vice President of Nationwide Mutual Insurance Company,AMCO Insurance l�f µ""1UW �, •r.0" f Company,Allied Property and Casualty Insurance Company � ° °1wr $;.SEAL ,;SEAL , ACKNOWLEDGMENT Alf F NEW YORK,COUNTY OF NEW YORK:ss ;� +I STATE O On this 27"day of February.2019, before me came the above-named officer for the Company aforesaid,to me personally known to be the officer described in and who executed the preceding Instrument,and he acknowledged the execution of the same,and being by me duly sworn,deposes Alli t0u!rr��, and says,that he is the officer of the Company aforesaid,that the seal affixed hereto is the ' ionea4rr corporate seal of said Company,and the said corporate seal and his signature were duly affixed l i and subscribed to said instrument by the authority and direction of said Company. ( .SEAL _l Susanne C.00o t-/•�• 3�t, Notary Public,State of New Ynrk ,� �[G rVi�'�,a—•C.-�,�„t;,�,+�,,. '� �R'1NPI No.02DE6126649 qualified in Westchester County VVV Commission Expires September 16,2021 Netory Wbl,c Mr Commission E[pkes CERTIFICATE September 16,2021 I, Laura B.Guy,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attomey issued by the Company;that the resolution Included therein is a true and correct transcript from the minutes of the meetings'of the boards of directors and the same has not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attomey the duly elected officer of the Company,and the corporate seal and his signature as officer iaere cluly'affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attomey is still in full force and effect. IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of said Company i I 1. aa of Assistant Secretary BDJ 1(02-19)00 47029 Klassic Engineering&Construction Inc. 250 S.Tustin St. Orange,Ca.92866 r Central Library Restroom Access Compliance MSC—528 CITY CLERK Second Floor 2000 Main Street Huntington Beach,Ca.92648