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Green Giant Landscape, Inc. - 2020-06-01 (2)
RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved (Council Approval Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. [rUU,,jC1 Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer FOE�I�NTER�DEP�ARTM�EN�TAL CITY OF HUNTINGTON BEACH COMMUNICATION DATE: 1/14/2021 TO: THOSE LISTED HEREON FROM: Jim Escutia, PW Contract Administrator- 'v SUBJECT: Retention Release Payment- PO#26056 OJ Supplier#120103 Co.#226 Central Park Restrooms Phase 2, Project#CC 1601 Contractor's Name: Green Giant Landscape, Inc. Address: 941-A Macy Street City, State and Zip Code: La Habra, CA 90631 Phone Number: 562 315-6938 City Business License Number: 307942 Notice of Completion (Date by City Clerk): 12/10/2020 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file. D to Sean y, Di c or off6' orks I certify that there are no outstanding invoices on file. I I �o ICI c� Date I J c Zacks, Deputy City Treasurer I certify that no stop notices are on file, and that a guaranty bond has been filed with the City Clerk's Office. / as- a/ ka Date Robin EstanisIgg, City Clerk Attachments 1. Notice of Completion 2. Maintenance Bond 3. Certificate of Compliance with Prevailing Wage Laws 4. Contractor's Certificate 5. Certificate of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 6. Consent for Release letter from the Surety Company Bond No.:PB 115104 01033 Premium:Included with Performance Bond MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That Green Giant Landscape,Inc. (contractor's name) 941-A Macy St.,La Habra,CA 90631 (contractor's street address,city and state and zip code) as Principal(hereinafter called Contractor),and: Philadelphia Indemnity Insurance Company (surety's name) 251 S.Lake Avenue Suite 360,Pasadena CA 91101 (surety's street address,city and state and zip code) a corporation organized and existing under the laws of the State of Pennsylvania with its principal office in the City of Bala Cynwyd,PA as Surety(hereinafter called Surety),are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), In the amount of One Hundred Eighty One Thousand Seven Hundred Fifty and 00/100s Dollars ($$181,750.00 ), equivalent to the entire contract amount inducting all orders, for the payment whereof Contractor and Surety bind themselves, their heirs, executors,administrators,successors,and assigns,jointly and severally,firmly by these presents, WHEREAS,Surety is a duly admitted surety insurer under the laws of the State of California;and Surety is certified and listed in the U.S.Department of the Treasury Circular 570,and able to provide proof of bonding limitation shown in said circular is sufficient to provide bonds in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies,such as from A.M.Best,Moody's,Standard &Poor's,to validate that Surety has positive ratings of being secure or stable;and Surety is registered and listed with the California Department of Insurance;and Contractor has by written agreement dated 20 ,entered into a contract with Owner for the Central Park Restrooms Phase 2 in accordance wlth drawings and specifications prepared by which contract is by reference made a part hereof(hereinafter referred to as the Contract);and The Contract provides that the principal will guarantee, for a period of one year,the work performed as part of the Contract from and against all defects in materials and workmanship;and The Contract also provides that the Contractor shall secure Contractor's obligations during the one-year period with a bond executed by a surety duly admitted in the state of California;and The Contract has been completed,and the Owner,Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be December 16 2020 NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if Contractor shall,for a period of one year from and after the date of completion and acceptance of the Contract by Owner,repair and/or replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shall be null and void;otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Surety shall,within thirty (30) days following Owner's written notice of default, either: (a) remedy the default, or (b) shad promptly complete the Contract in accordance with its terms and conditions. Surety shall save the Owner harmless from any claims,judgments,liens or losses arising from the Surety's failure to either remedy the default or to complete the Contract In accordancee with its tents and conditions in a timely manner. 15-4584/118139 1 Whenever the Principal shall be,and declared by the Owner to be In default under the Contract,which shall include without limitation,any breach or default of the Contract,then, after written notice from the Owner to the Surety,as provided for below,the Surety shall either. (a)remedy the default or breach by the Principal;or(b)shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal,at its own expense,and make available as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder,provided,however,that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner. Within thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, it shall be the duty of the Surety to give to the Owner a notice,In writing, of the Surety's election to(a)remedy the default(s)of the Principal promptly,or(b)arrange for performance of the Contract promptly by a contractor other than the Principal,time being of essence to this Bond. In said Notice of Election,the Surety shall state the date of commencement of its cure or remedy of the Principal's default(s) or its performance of the Contract. The Surety's obligations for cure or remedy,include but are not limited to: correction of defective work and completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to act; and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance by the Principal). The Surety shall give prompt written notice to the Owner upon completion of the cure or remedy of the Principal's default(s)of its performance of the Contract. If the Surety does Issue its Notice of Election and does not proceed to cure or remedy the Principal's default(s)of its performance of the Work within thirty(30)days after receipt of a written notice from Owner,Surety shall be deemed to be in default on this bond,and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the owner named herein or the successors of Owner. Signed and sealed this 16th day of December 20 20 Principal Raised Corporate Seal Green Giant Landscape,Inc. [MUST BE AFFIXED] ("1(Contr;aqctName) (Seal) Principal Raised Corporate SealUNCti [MUST BE AFFIXED] �V��itrfrn,f (Title) Philadelphia Indemnity Insurance Company (Surety Name')a By: C"e (Seal) Matthew J.Cod ,Attorney-in-Fact APPROVED AS TO-FQRM: ar.B � � NOTES: Michael E. Gates, City Attorneys t. Acknowledgments must be completed and returned as part of the bond. 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. 15-4584/118138 2 . . ` CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State ofCalifornia ) County of Orange ) On DEC 16 2020 before me, Adelaide CHu .�. Nvo* Public Date Here Insert Name and Title uf the Officer personally appeared Matthew J J.Coats Na/ne(s) of3igner(s) who proved to me on the basis of satisfactory evidence to be the n(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hio/heo/their authorized capacity(ina)'and that byhis/henthairsignature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. | certify under PENALTY [)F PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Orange County My Comm.Expires Oct 19,2020 Signature Signature of Notary Public "The notary commission extended pursuant hu Executive Order N'G3-20.^ Place Notary Seal Above OPTIONAL Though this section/s optional, completing this information can deter alteration of the document or fraudulent reattachment ofthis form toan unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: ________ Signer(s) Other Than Named Above: Cmpaoity(ies)Claimed bySignmr(s) Signer's Name: Signer's Name: O Corporate Officer — Tit|e(s): O Corporate Officer — Tlde(s): OPurtner -- El Limited El General OPartnex — El Limited El General O Individual El Attorney in Fact O Individual []Attorney in Fact OTruotea O Guardian or Conservator OTnuotae []Guardian or Conservator El Other: O Other: Signer |oRepresenting: Signer Is Representing: @2014 National Notary Association ^vmww.Nationa|Notary.ong ^ 1-80U-US NOTARY(1-D0O-87G-G827) |tom #5AO7 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 Linda D.Coats,Matthew J.Coats and Summer Reyes of Coats Surety Insurance Services,Inc.,its true and lawful Attorney-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$50,000,000.00. 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 141 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 an},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 27T"DAY OF OCTOBER,2017. (Seal) ,.._., 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. III_ Notary Public: zt�':. residing at: Bala C r m5A 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 the Power of Attorney issued pursuant thereto on the 27'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 16th day of December 20 20 3 Edward Sayago,Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY r CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 6r?4 e., } On before me, Poo ,5i' 16 (edo - kMev,'SU v-) (Here msen name a. a at the car) personally appeared "ll(, w GG�� , who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ROSIE TOLEDO-HENDERSON WITNESS my,ha d a o cial seal. �,��337 Notary Public-California z orange County f` commission N 2271185 My Comm.Expires Dec 15,2022 J Notary Public Sig (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Thisfam complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments fi-om other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Tille or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed- Number of Pages Document Date • 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 name(s)of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. helshehhe5--is hare)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 limes.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. ❑ 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 Indicate title or type of attached document,number of pages and date. Other ❑ Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version wwvf.NotaryClasses.com800-873-9865 Securely attach this document to the signed document with a staple. r'r PHILADELPHIA INSURANCE COMPANIES A Me.niber of the Tokio Marine.Group Bond Number: PB 115104 01033 ENDORSEMENT To be attached to and form a part of Performance and Payment Bond, issued by the undersigned company, as Surety on behalf of Green Giant Landscape, Inc. as Principal, in favor of the City of Huntington Beach as Obligee, Effective December 16. 2020, the Principal and the Surety hereby agree to amend the attached bond as follows: The penal sum of the bond is hereby increased by: Twelve Thousand Seven Hundred Fifty Dollars and 00/100s($12,750.00) Therefore the new bond amount shall be: One Hundred Eighty One Thousand Seven Hundred Fifty Dollars and 00/100s($181,750.00) All else remains the same. Provided that the liability under this endorsement shall be part of, and not in addition to, the liability under the attached Bond, and in no event shall be cumulative. Nothing herein contained shall vary, alter or extend any of the provisions, conditions, or other terms of this bond except as above stated. SIGNED,SEAEED,DATED:December 16,2020 1 Green Gian andscape,Inc. Philadelphia Indermiity Insurance Company (Principal) (Surety) 24 By: anhew J. Coats,Attorney Ili Fact City of Huntington Beach (Obligee) By: Obligee:Please sign endorsement and return to our office. Endorsement Number: 001 DIRECT CORRESPONDENCE TO: Philadelphia Insurance Companies,251 S. Lake Avenue,Suite 360 Pasadena CA 91101 PHONE(626)639-1326 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On DEC 1 6 2020 before me, Adelaide C.Hunter,Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J.Coats Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ADELA.IDE C. HUN t E' :,iotary Public • Cnhrcmr. '' WITNESS my hand and official seal. Orange Count, Commission i� 216803', r My Comm.Expires Oct 19,2020 Signature !"? Signature of Notary Public "The notary commission extended pursuant to Executive Order N-63-20." Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: > , ©2014 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala C}mwyd,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 Linda D.Coats,Matthew J.Coats and Summer Reyes of Coats Surety Insurance Services,Inc.,its true and lawful Attorney-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$50,000,000.00. 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 14'of November,2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company:(1)Appoint Attorney(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 anytime,any such Attorney-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 27T"DAY OF OCTOBER,2017. ' C m . (Seal) `` Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 27'h 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. £ cyan k r tt �Tq a°r ftn.b f � Notary Public: i `�i',,iX'` i';s}.1 £yr/•.X residing at: Bala Cynwvd.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 the Power of Attorney issued pursuant thereto on the 27'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 16th day of December 20 20 Edward Sayago,Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY E CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 CV,�q n!qN." On J i before me, t'�`�►� (!� r/✓t© krvF e��o►�,) (118re,n.name and a r) personally appeared �1���G f�k1 Fit a16o a , who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ROSIE TOLEDO-HENDERSON WITNESS my nd, •ial seal. ;,``:;,4 . Notary Public-California /. Orange County Commission N 2271185 My Comm.Expires Dec 15,2022 6U6 PublL5i6hatbre/ (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Thisform complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary late. (Tiitleordescription of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. Wshehhey—is here)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. 0 Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Tnistee(s) acknowledgment is not misused or attached to a different document- Other Indicate title or type of attached docrmtent,number of pages and date. ❑ 4 Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(Le.CEO,CFO,Secretary). 2015 Version,%,,%,w.NoiaryClasses.com 800-373-9865 Securely attach this document to the signed document with a staple. Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O.Box 190 Huntington Beach,CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: CC Project: L n ku'l ?U✓V, i ,S D1 W n b S rA-g-, a, The undersigned contractor on the above-referenced project("Project')hereby certifies that all laborers, mechanics, apprentices,trainees,watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage-rate determinations of the State of California, Department of Industrial Relations,and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of t 4(A , ,20 ✓V , at W H wA-, ,California. (Contractor e) APPROVED AS TO FORM By: Michael E. Gates City Attorney 1 CONTRACTOR'S CERTIFICATE L . ,state and certify that: (Name of Declarant) 1. Le �,-I(ill l-G1 la(C - is the general contractor to the City of Huntington Beach("City")on Contract No, U O { (the"Contract") for the construction of the public work of improvement entitled: �u�T- hwo►oS Prti,S, (the"Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents(as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five(5), all persons supplying labor, services,materials and equipment to the Project, including all claims against the contractor arising from the performance of the Contract,have been paid and satisfied(list unpaid debts and claims; if none, write"NONE"): ICIj, <i- - -- 4. Attached hereto are the lien waivers required by the Contract Documents,which lien waivers have been executed by all persons who performed work on or supplied labor, services,materials,and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California(list all disputed claims;if none,write"NONE") I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of {'Y11 �u'i� ,20 (Signa e f Decla ant) APPROVED AS TO FORM -, Michael E. Gates City Attorney 1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: U " l �0 Proj ect: a htyaA Pam Q P S I YVO ►S Y\A`alt '�, The undersigned contractor on the above-referenced project("Project")hereby certifies that it has complied with title VII of the Civil Rights Act,the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race,color,religion,sex, sexual orientation, gender identity,national origin,age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race,color,religion, sex, sexual orientation,gender identity,national origin,age or disability(with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (� Executed this LI day of D C-e an bV1,20 /30, at !/6c w�California. (Contractor 60e) APPROVED AS TO FORMS By: :C�/ Michael E. Gates City Attorney 1 UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT (CA CIVIL CODE § 8134) NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM. Identifying Information: Name of Claimant: ORCO Block&Hardscape Name of Customer: Green Giant Land Inc Job Location: Cliffview Lane&Central, Huntington Beach, CA Owner: City of Huntington Beach Through Date: [I I 2g ,n2,0 Unconditional Waiver and Release This document waives and releases lien, stop payment notice,and payment bond rights the claimant has for labor and service provided,and equipment and material delivered,to the customer on this job through the Through Date of this document. Rights based upon labor or service provided,or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant,are waived and released by this document,unless listed as an Exception below.The claimant has received the following progress payment: $ 2 9 Exceptions This document does not affect any of the following: (1) Retentions. (2) Extras for which the claimant has not received payment. (3) Contract rights, including: (A)a right based on rescission,abandonment,or breach of contract,and (B)the right to recover compensation for work not compensated by the payment. SIGNATURE Claimant's Signature: Claimant's Title: Credit Assistant L4Vbi Date of Signature: December 15, 2020 14 DEC 20 04:23PM Customer Statement by Shipto Page 1 ARMR9100 MSROJAS M.ROJAS Avante 9.8.3d ORCO Block & Hardscape (LIVE.DATA) For the period 01/01/70 to 12/14/20 f Ship-To: 71569 GREEN GIANT LAND INC Tel: 562-690-6208 941 A MACY ST Fax: 562-690-5029 LA HABRA, CA 90631 Inv Date Invoice Shipto Job# & Name PO Nbr Invoice Amt Adjustments Domestic Bal Due Date PPD P 0 Record(s) Listed UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM. Identifying Information Name of Claimant: PDQ Enterprises, Inc. dba PDQ Rentals Name of Customer: Green Giant Landscape, Inc. Job Location: City of Huntington Beach; 6622 Lakeview Dr., Huntington Beach, CA 92648 Owner: City of Huntington Beach Unconditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has been paid in full. Exceptions This document does not affect any of the following: Disputed claims for extras in the amount of: $ 0.00 Signature Claimant's Signature: Claimant's Title: Brynn Pitt an -A/R Supervisor Date of Signature: 12/24/2020 7/1/12 CONSENT OF SURETY OWNER ❑ TO FINAL PAYMENT ARCHITECT L1 AIA Document G707 CON•fRACfOR ❑ SI AffrY ❑ (Instructions on reverse side) Bond No.: PB 115104 01033 0,111FT [7 TO OWNER: (Nunn and addres) City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 PROJECT: CONTRACT DATED: (Name and adelrecs) Central Park Restrooms Phase 2 In accordance with the provisions of the Contract between the Owner and[he Contractor as indicated above,the (lnurt name curd uddrexq qI s'rneti•) Philadelphia Indemnity Insurance Company 251 S. Lake Avenue,Suite 360, Pasadena,CA 91101 SURETY, on bond of (lnsen rrmne urrrl uckbes vJ'Cartruraor) Green Giant Landscape, Inc. 941-A Macy Street, La Habra, CA 90631 CONT'RACCOR, hereby approves of the final payment to the Contractor,and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Iw rt name and arkbrss grOu'ner) City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 OWNI,*R, as set forth in said Surety's bond. IN WITNFSS WHEREOF,the Surety has hereunto set its hand on this date: December 28, 2020 (bax rt in nv-itir+�the month/ir!!ua'er!hP Ux•nurnrric'drat mrr!parr.( Philadelphia Indemnity Insurance Company (.Sruer)'1 (Sitrnr4ux•rf-ru«Errr'iz• r rrru•rrrertti•rl Attest: s:(Seal Matthew J. Coats,Attorney-in-Fact (I't-hite•d Haar turd tide) AIA DOCUMENT G707•CONSFNT OF StJRFIY TO FINAL PAYM[.NT• 199-1 IDITION•'ALA 0199-i•'ITiF AMFRf(:AN INSTITLI'll OF ARCHrITCIS,1735 NFW YORKAV[{NUh.NW,WAili- INGTON,DC.2(XX)6-5292 `� G707-1994 r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On DEC 2 S 2020 before me, Adelaide C.Hunter,Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J.Coats Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ADELAIDE C.HUNTER WITNESS my hand and official seal. ?dotary Public-Caiifernia _,; orange County z %:� Commission# 2168064 Oct 19.2020 Signature�A+L v My Comm.Expires Signature of Notary Public "The notary commission extended pursuant to Executive Order N-63.20." Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): F_ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator C Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 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 Linda D.Coats,Matthew J.Coats and Summer Reyes of Coats Surety Insurance Services,Inc..its true and lawful Attomey-in-fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts ofindemnity 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$50,000,000.00. This Power of Attomcy is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'of November.2016. RESOLVED: That the Board of Directors hereby authorizes the President or anv Vice President of the Company:(1)Appoint Attorney(s)in Fact and authorize the Attorney(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 die seal of the Companv thereto:and (2)to remove,at anytime,any such Attorney-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 Attornev or certificate relating thereto by facsimile,and any such Power of Attomev so executed and certified by facsimile signatures and facsimile seal shall be valid and buiding 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 27T°DAY OF OCTOBER,2017. (Seal) `w. Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 27°i day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me dUIV 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. Notary Public: residing at: Bala CvnvvAA PA _ (Notary,Seal) My commission expires: September 25,2021 1,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attomey issued pursuant thereto on the 27`h day of October,2017 are true and correct and are still in full force and effect.1 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 Attorncv the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof 1 have subscribed my name and affixed the facsimile seal of each Company this 28th day of December ;20 20 Edward Sayago,Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 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: /4�6-j ajl SUBJECT: Bond Acceptance I have received the bonds for2Lp� (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved (Council Approval Date) CC No. ll�o/ P�gerrda�teCi�No. do- /Sw MSC No. City Clerk Vault No. ADD-SO Other No. SIRE System ID No. s�9 _ g:/forms/bond transmittal to treasurer Batch 8506010 Confirmation Page 1 of 1 7 r {i PLEASE COMPLETE THIS INFORMATION 1 3 I RECORDING REQUESTED BY: Recorded in Official Records,Grange County Hugh Nguyen,Clerk-Recorder II I II III �� ��� II II I I II II NO FEE * $ R 0 0 1 2 3 2 9 5 5 6 $ 202000072704411:33 am 12/10/20 WHEN RECORDED MAIL TO: 9 RW9A N12 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 Attn:Jim Escutia P.O.Box 190—2000 Main Street } Huntington Beach,CA 92648 THIS SPACE FOR RECORDER'S USE ONLY I TITLE OF DOCUMENT NOTICE OF COMPLETION 3 i ) i 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 Green Giant Landscape,Inc.,who was the company thereon for doing the following work to-wit: i Central Park Restrooms Phase 2,Project#CC 1601 That said work was completed 12/10/2020 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 12/10/2020,per City j Council Resolution No.2003-70 adopted October 6,2003. { That upon said contract Philadelphia Indemnity Insurance,was surety for the bond given by the said company as required by law. i This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 27383 and should be recorded free of charge. Director ofPIIiric Works or City Engineer Date City of Huntington Beach,California STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach ) I,the undersigned,say:I am an Agent of the City of Huntington Beach,owner in fee,in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof;the same is true of my knowledge. i 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 ����pJ2Dzt7 the City of Huntington Beach,as contemplated / /�/ll� / under Government code section 27383 and Dire for of Pub i orks or City Engineer Date should be recorded free of charge. City of Huntington Beach,California 2 THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) https://gs.secure-recording.com/Batch/Confirmation/8506010 12/10/2020 17 i RECEIVED BY �� CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION LD TO: City Treasurer FROM: City Clerk DATE: //_3 r SUBJECT: Bond Acceptance have received the bonds for (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. PS 111% ,/ el o,.> Payment Bond (Labor and Materials) Bond No. P8 �`. �211 ,0103 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) �� �� Agenda--Item No. �C r�tir i CC No. ' MSC No. City Clerk Vault No. � Other No. SIRE System ID No g:/forms/bond transmittal to treasurer AW CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Green Giant Landscape, Inc. FOR Central Park Restrooms Phase 2, CC-1601 THIS AGREEMENT("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California,hereinafter referred to as "CITY," and Green Giant Landscape, Inc. ,a California corporation,hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT,"more fully described as Central Park Restrooms Phase 2 in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: 1. STATEMENT OF WORK,• ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the I t 6-5195/City Funded Construction Contract.docx—revised 04/2016 1 prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms,conditions and obligations of this Agreement and the Contract Documents(as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be performed,and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents"as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY,and any revisions,amendments or addenda thereto; 2 16-5195/City Funded Construction Contract.docx—revised 04/2016 D. The edition of Standard Specifications for Public Works Construction, published by Builders'News,Inc., 10801 National Boulevard,Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids,the Special Instructions to Bidders and the CONTRACTOR's proposal,(which is attached hereto as Exhibit"A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5195/City Funded Construction Contract.docx—revised 04/2016 f � ` 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 sixty nine thousand Dollars ($ 169,000 ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten(10)working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within thirty ( 30 )consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 4 16-5195/City Funded Construction Contract.docx—revised 04/2016 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW,and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason,relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 16-5195/City Funded Construction Contract.docx—revised 04/2016 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent(100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work,and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is,and shall be,acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 6 16-5195/City Funded Construction Contract.docx—revised 04/2016 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of five hundred ($ 500.00 ) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided,and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes,unsuitable weather,or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay(unless DPW shall grant a further period of time),notify DPW in writing of the cause of the 7 16-5195/City Funded Construction Contract.docx—revised 04/2016 delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed,but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen(15)days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. (1) "Change Order"means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3,or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 8 16-5195/City Funded Construction Contract.docx—revised 04/2016 � r (b) Payment of money or damages arising from work done by,or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes; (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical conditions at the job site, of an unusual nature,differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires,floods,labor disputes,epidemics,abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW(or his.or her written designee). All Demands shall be submitted promptly,but in no event later than thirty(30)days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen(15) days 9 16-5195/City Funded Construction Contract.docx—revised 04/2016 , r after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested,whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer,in writing,either within fifteen(15)days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively,and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request,the DPW shall schedule a meet and confer conference within thirty (30)days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement,then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute,the CONTRACTOR may file a claim with the City as provided in Chapter 1 (commencing with Section 900)and Chapter 2(commencing with Section 910)of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his 10 16-5195/City Funded Construction Contract.docx—revised 04/2016 or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT,if the actual quantities used are either more than or less than the quantities listed in the bid schedule,the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent(50%)or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such 11 l 6-5195/City Funded Construction Contract.docx—revised 04/2016 � r sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT,as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered,or any part thereof unencumbered,shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided,however,that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law,each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR,who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items,if any,to be set forth in CONTRACTOR's affidavit covering disputed claims, 12 16-5195/City Funded Construction Contract.docx—revised 04/2016 y or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement,and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5195/City Funded Construction Contract.docx—revised 04/2016 r resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT-HOUR LAW A. California Labor Code,Sections 1810 et seq,shall apply to the performance of this Agreement; thereunder,not more than eight(8)hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight(8)hours of labor per day or forty(40)hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight(8) hours in any one 14 16-5195/City Funded Construction Contract.docx—revised 04/2016 (1)calendar day or forty(40)hours in any one(1)calendar week in violation of California Labor Code Section 1815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number,work classification, straight time and overtime hours worked each day and week,and the actual per diem wages paid to each journeyman,apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative,and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards,and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. INDEMNIFICATION,DEFENSE,HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands, defense costs, and consequential damage or liability of any kind or nature,however caused,including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, 15 16-5195/City Funded Construction Contract.docx—revised 04/2016 arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 16-5195/City Funded Construction Contract.docx—revised 04/2016 25. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend,hold harmless and indemnify CITY,CONTRACTOR shall obtain and furnish to CITY,a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than One Million Dollars($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees,agents,and volunteers(the"Additionally Insured Parties")as Additional Insureds,and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Five Thousand Dollars($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/City Funded Construction Contract.docx—revised 04/2016 26. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement;the certificates shall: 1. Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force; and 3. Promise to provide that such policies will not be canceled or modified without thirty (30)days'prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten(10)days of receipt of such claim or claims. 18 16-5195/City Funded Construction Contract.docx—revised 04/2016 28. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten(10)days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have,terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR,CITY may elect not to terminate this Agreement;in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29. 29. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause,and whether or not PROJECT is fully complete upon seven(7)calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience,the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's 19 16-5195/City Funded Construction Contract.docx—revised 04/2016 sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOSITION OF PLANS,ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 31. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement,or any part hereof,or any right or duty created herein,without the prior written consent of CITY and the surety. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 33. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices,Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100)for every Stop Notice filed in excess of two(2),regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 20 16-5195/City Funded Construction Contract.docx—revised 04/2016 34. NOTICES Any notices,certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant,or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices,certificates or other communications will be sent by notifying the other party via personal delivery,reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach ATTN: Jim Escutia ,Public Works Green Giant Landscape, Inc. ATTN: Donald L. Henderson 2000 Main Street Huntington Beach, CA 92648 941-A Macy Street La Habra, CA 90631 35. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions,and do not interpret,define,limit or describe,or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 16-5195/City Funded Construction Contract.docx—revised 04/2016 � r 36. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 37. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 38. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 39. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent_jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the 22 16-5195/City Funded Construction Contract.docx—revised 04/2016 context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law,ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 40. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 41. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals,each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 42. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 43. SURVIVAL Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 16-5195/City Funded Construction Contract.docx—revised 04/2016 45. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation,and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements,promises,agreements or warranties,oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 16-5195/City Funded Construction Contract.docx—revised 04/2016 � r IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on June 1 ,2020 CO RA TOR: &v C'e1�G'AK Kd �°rNCITY OF HUNTINGTON BEACH,a municipal corporation of the e of California PA (/ ��VI[.�P✓SU Y� May (print name) ITS: Chairman eside-t/Vice-President 7h __._.. City Clerk �-1/,3f0 (circle one) INITIATED AND APPROVED: AND By: of Pub is Works (print name) VIE AN APP VED: ITS: Secretary / Chief Financial Officer / Asst. Secretary/Treasurer (circle one) Ci anager APPR V D AS O O City tt ey 25 16-5195/City Funded Construction Contract.docx—revised 04/2016 SECTION C PROPOSAL for the construction of CENTRAL PARK RESTROOMS PH.2 CC No. 1601 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described,and to furnish all labor,material,equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes,royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. u� Accompanying this proposal of bid,find b1� I-)J4 in the amount of v-which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C_2 SECTION C PROJECT BID SCHEDULE A CENTRAL PARK RESTROOMS PHASE 2 CC1601 BID ITEMS Item Description Quantity Unit Unit Cost Total Cost No. (Extension) Construct ROMTEC Restroom building as indicated on drawings and in specifications. Item includes demolition of existing restroom, utility work, site grading,foundations, concrete slab, abatement as needed,and all other items necessary to complete work. Romtec building materials to be furnished by City. Contractor to provide for secure site including space for building materials,which will become the c' ( -� responsibility of the contractor upon delivery. 1 L5 $'L0 p . $1(y? 1r L TOTAL BID AMOUNT (BASIS OF AWARD)—SCHEDULE A TOTAL BID AMOUNT (BASIS � 4 i- OF AWARD) IN WORDS: J /� tl t- ey f)Il.url , v N k��L. 'l(.C�S��1./\!C� l�l C i t I r cs Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR PWC Dollar %of Item(s) Subcontractor License Registration# Amount Contract Number elpchv'cA,( SPwov:- U0boRlo C-10 100002D377 p q 0 0 0(ra 0 y-AV& e 3 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 tatq of California that the foregoing is true and correct and that this declaration is executed on5 at 1-6 wyL , Date City State Y4 W-60►mil , being first duly sworn, deposes and says that he or she is - ve-5,tU W- of C1 Aq ,f-4WG al, ee ,/ac . 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. ok'?eo (JtGK L"Aea P t riv N of Bidder Signature oMidder qq(-A 61A� 5+. U� HO)vAJ gwu3l Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CENTRAL PARK RESTROOMS PH. 2, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor By prn«, � - Title Date: M M C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Orem G'a4 Lt 6&1vj5 to Contractor Y Title Date: C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Neer] bdlf�- LaiV;L2(A✓�. /0& Bidder Name qyl-14 MAc44 St Business Address HA b r IL city, le+1�i61K4-o�i�@aUl u1m a✓ Telephone Number nq Email Address State Contractor's License No. and Class io Original Date Issued 5/3// 13- Expiration�D-at-e The work site was inspected by of our office on 1 GUA s , 201-0 14 The following are persons, firms, and corporations having a principal interest in this proposal: J)D yK!d L V�'S i Ro�;,'� -(D (eod ig 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. Ore-erl 61 a ut (.c�not5 ca rx , I o G. pany Name ignature of idder li11-.W t- n �5 Printed or Typed Signature C-8 GREEN GIANT LANDSCAPE INC. STATE LIC. A&C-27. # 670478 CERTIFIED COPY OF RESOLUTIONS OF BOARD OF DIRECTORS OF GREEN GIANT LANDSCAPE, INCORPORATED "RESOLVED, that Donald L. Henderson, as President of Green Giant Landscape Incorporated, is authorized to enter into and sign all contracts on behalf of this corporation." I, Rosie Toledo, the duly elected, qualified and acting Secretary of Green Giant Landscape Incorporated, an organized and existing California corporation, do hereby certify that the foregoing is a full, true and correct copy of the resolution duly adopted by the Board of Directors of said corporation at a meeting thereof at which meeting a quorum of said Board was at all time present and acting; and that said resolution has not been modified or rescinded and is at the date of this Certificate in full force and effect. IN WITNESS WHEREOF, the undersigned has executed this Certificate and affixed the corporate seal of said corporation this I )`day of 20 Rosie Toledo, Secretary 941-A Macy Street • La Habra, CA 90631-3400 • (562) 690-6208 • Fax (562) 690-5029 E-Mail: greengiantinc@aol.com J greengiantoffice@aol.com NOTARY CERTIFICATE Subscribed and sworn to before me this LL day of M , 201-0. 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 N(i i-rjYN(Gt, ) County of On P Uc 0— ZO'ZU before me, y U sl e, 76 l ed o {k✓o(wt�� 0 NAbnth, Day, and Year Insert Name and Title of Notary personally appeared lO A Id L- W✓ldersdv) Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ROSIE TOLEDO-HENDERSON WITNESS my hand and official seal. ;"' • Notary Public-California 7 Orange County ° Commission 8 2271185 My Comm.Expires Dec 15,2022 Signature Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project. For example, "Public restroom construction in public park including utility work. Assembly of Romtec buildings in public park. Demolition and construction of new restroom buildings in public park."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. 'ki f &-,31�Medo�l � c.�14 13(VXI . PIP qO"d a aI(770 Name nd Address of Public Agency C�/Y�'►t��/� �r� � JQ,�t Name and Telephone No. of Project Manager: P14 b -o1/Da Contract Amount Type of Work Date Completed Prppvide additional project description to show similar work: /V per' Glv ile i a 'a,hl/yl, tIoUide5 ►,)I SfZL/l�� 'Y1 d✓ Uk- - ✓eo5 , i yYl�i�'iUYI �r).� �a�a5�a�� C�Sc��z�� . Z��a��f'ayl�P✓A��r� 2. (� ,� h��>y� - � S t l �rrr r31 gal. AiA `ei m Csr ��— Name and Address of Public Agency / Name and Telephone No. of Project Manager: Pe�i 1�3�r, 90D Cln�vll/(�'hr2+� /nAtilAcitedx v . -vim Contract Amount Type of Work Date Completed Provide additional project description to show similar work: /�VD�/iytt gas 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: /4'1✓A P UDf1ktegyo 3 dos 000 -- 2 ,�&f)ov�- (,51a y,(r�fvy Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-10 Projects completed by Green Giant Landscape, Inc as of May 7, 2020: City of Newport Beach Norwalk La Mirada Unified School District 3300 Newport Blvd. 12820 Pioneer Blvd. Newport Beach, CA 92663 Norwalk, Ca 90650 "Newport Island Park" "Benton Sod Installation" Amount$305,000.00 Amount of Project$105,108.00 Anna Baldenegro 949-644-3311 Subhi Murad 562-868-0431 City of Whittier City of Anaheim 13230 E. Penn St. 200 S. Anaheim Blvd. Whittier, CA 90602 Anaheim, CA 92805 "Hadley St. @ Washington Ave Crosswalk" "Central Library Interactive Outdoor Space" Amount of Project$123,963.00 Amount of Project$636,900.00 Raul Flore 562-567-9525 Thomas Bekele 714-765-5155 Long Beach City College City of Santa Ana 4901 E. Carson St G-21 20 Civic Center Plaza Long Beach, CA 90808 Santa Ana, CA 92701 "Water Conservation and Landscape" "Civic Center ADA Access" Amount of Project $670,000.00 Amount of Project $377,200.00 Kyle Padron 562-938-5043 Mike Ortiz 714-615-0892 Orange Unified School District City of Rosemead 726 W. Collins Ave. 8838 E. Valley Blvd. Orange, CA 92867 Rosemead, CA 91770 "Field Improvements at Multiple Sites" "Savannah Safe Route to Schools" Amount of project$385,000.00 Amount of Project $682,505.30 714-628-4030 Scott Harvey 626-569-2150 Rafael Fajardo City of Temple City 9701 Las Tunas Drive Temple City, Ca 91780 "5800 Temple City Blvd. Parking Lot" Amount of Project: $413,896.96 626-285-2171 Okan Demerci City of El Monte City of Newport Beach 11333 Valley Blvd. 100 Civic Center Drive El Monte, CA 91731 Newport Beach, Ca 92660 "Downtown Public Parking Improvements" "Bonita Canyon Sports Pickleball Courts" Amount of Project: $1,197,425.00 Amount of Project $551,000 (626)580-2001 Cesar Roldan Peter Tauscher 949-644-3316 City of Temple City City of Monterey Park 9701 Las Tunas Drive 320 S New Ave Temple City, Ca 91780 Monterey Park, Ca 91754 "Veteran's Memorial" "Garvey Reservoir&Conservation Garden" Amount of Project$187,500.00 Amount of Project $204,692.50 626-285-2171 Cathy Burroughs 626-926-9010 Rudy Valenzuela City of Rosemead City of El Monte 8838 E. Valley Blvd. 11333 Valley Blvd. Rosemead, Ca 91770 El Monte, Ca 91731 "Zapopan Park Improvements" "Ballfields Rehabilitation Project" Amount of Project $1,230,000.00 Amount of Project$233,000 626-569-2150 Rafael Farjardo 626-580-2001 Nadeem Syed City of La Mirada Long Beach Unified School District 15515 Phoebe Ave. 2201 E. Market St. La Mirada, Ca 90638 Long Beach, Ca 908015 "Splash! Aquatics Booster Pump" "Irrigation Imp at Gant, Prisk &Tincher" Amount of Project: $122,789.00 Amount of Project: $351,900.00 562-943-0130 Gary Sanui 562-997-8000 Shah Nasrullah City of Pico Rivera City of Pico Rivera 6615 Passons Blvd. 6615 Passons Blvd. Pico Rivera, Ca 90660 Pico Rivera, Ca 90660 "Safe Routes to School Project" "Rosemead Pedestrian Bridge" Amount of Project: $1,174,561.00 Amount of Project:$342,326.00 562-801-4350 Jose Loera 323-357-9657 Gladis Deras City of Hermosa Beach City of Hermosa Beach 1315 Valley Drive 1315 Valley Drive Hermosa Beach, Ca 90254 Hermosa Beach, Ca 90254 "South Park Phase I Improvements" "Parking Structure Counting System" Amount of Project: $959,204.89 Amount of Project$58,000.00 714-871-3638 Oscar Johnson 714-871-3638 Oscar Johnson City of Santa Ana City of Santa Ana 20 Civic Center Plaza 20 Civic Center Plaza Santa Ana, Ca 92701 Santa Ana, Ca 92701 "Memorial Park Security Lighting" "Santa Anita Park Improvements" Amount of Projects: $334,500.00 Amount of Project; $147,000.00 714-615-0882 Orlando Garcia 714-552-5336 Gerardo Lechuga City of Cerritos City of Rosemead 18125 Bloomfield 8838 Valley Blvd. Cerritos, CA 90703 Rosemead, Ca 91770 "Cerritos Park East Ballfield Refurb" "Rosemead Park Lighting" Amount of Project $ 224,420.00 Amount of Project $429,000.00 Rebecca Scott 562-916-1227 626-569-2150 Rafael Fajardo Here is a list of the different of Public Agencies that Green Giant Landscape, Inc. has worked for and the projects we have worked on in the last few years: City of Anaheim: Delphi Field $187,278 (2006), Monument Park Signs $193,600 (2007), Turf @ Various Locations $75,100 (2014) City of Baldwin Park: Morgan Park$924,000 (2012) Basset Unified School District: Edgewood Elementary Courtyard $491,000(2010) City of Bellflower: Civic Center$806,000, (2007), Laurel St. Improvements $253,000 (2006), Ruth Carruthers Park Lighting$132,008 (2006) City of Brea: Senior Center$152,575 (2007) City of Buena Park: Handicap Ramps $111,088 (2006) Cal State University Long Beach: Killingsworth Plaza $151,572 (2006), South Campus Drive Road Imp. $355,560 (2006), Friendship Walk$124,500 (2006) Centralia School District: Walter E. Knott Park$239,311 (2007) City of Cerritos: East Park Running Track$587,000 (2006), Cerritos Post Board $67,422 (2007) Chino Basin Water Conservation District: Ely Basin #3 Landscape $106,419 (2007) City of Chino Hills: Irrigation Controller Program $1,191,832 (2009) City of Tustin: Improvements at 450 El Camino Real $79,884 (2007) City of Carson: Del Amo Park Improvements$156,325 (2009) City of Long Beach: Orizaba Park$22,500(2007) Atherton Street Improvements$745,339 (2014) Los Angeles County DPW: Carolyn Rosas County Park$866,333 (2006), Countywood Park $35273 (2008)Valinda Vines Planting Phase 2 $236,500 (2012), Firestone Blvd.-Hooper Ave to Compton $457,937 (2012), Eastern Ave. $420,640 (2013) Compton Unified School District: Dominguez High School $650,843 (2008), Dominguez High Play Fields $164,000 (2009) City of Cudahy: Cudahy Basketball Court Imp $384,122 (2007), Citywide Curb Ramps$28,000 (2007) City of Cypress; Installation of Playground at Parks$205,220 (2007) City of El Monte: Gateway Park$374,999 (2009) El Monte Unified School District: Mountain View Athletic Fields$597,874 (2014) City of Fountain Valley: Civic Center Entry Courtyard $55,506 (2006) City of Fullerton: UP Railroad Park$108,445 (2006), Trash Enclosure $15,309 (2006) La Habra City School District: Imperial Field Renovation $624,000 (2006) City of La Mirada: Civic Center$1,361,250 (2006) City of Laguna Beach: Village Green Park and Play Lot $209,699 (2006) City of Laguna Hills: Clarington Park $250,881 (2007), Mackenzie & Knotty Pine Park Playground $169,083 (2007), Beckenham Park$489,452 (2009), Citywide Wayfinding Signs $161,686 (2008), El Conejo Park Renovations$38,094 (2008) Long Beach City College: Lew Davis St. Parking lot and Landscape$795,574 (2011) Landscape Imp at Parking Structure $9,550 (2012) City of Mission Viejo: Vista del Lago Playground $376,484 (2006), Melinda Park Restroom $375,220 (2007), Replacement of Park Security Lighting$470,871 (2008), Marguerite Parkway Median Island $316,357 (2014) City of Monterey Park: Cascades and Highlands Irrigation Improvements$385,826 (2014) City of Newport Beach: Eastbluff Park and Bonita Creek Project$470,328 (2010), Bristol Street North Landscape $305,460 (2012) Orange County Sanitation District: Plant#1 HR Bldg Fire Land Access $412,000 (2007) City of Paramount: Concrete Repairs and Replacement $140,700 (2006) City of Pasadena: Villa Park Synthetic Soccer Field $395,000 (2010) City of Pico Rivera: Beverly Blvd Landscape Median Rehab $1,614,925 (2012), Transit Hub $950,000 (2012) Passons Blvd. Imp Project$126,275 (2014) City of Rancho Santa Margarita: Robinson Road Traffic Calming$219,745 (2013) City of Santa Ana: Edna Park Imp $264,000 (2012), Centennial Park$151,104 (2013), Flower Street Bike Trail $997,376 (2014) Santa Ana Unified School District: Washington &Carver Parking Lots$274,905 (2014) City of Santa Fe Springs: South Entry Monument$177,565 (2006), Fire Station Pavement Imp. $207,256 (2007), West Entry Monument $530,200 (2007) City of Stanton: Zuniga Park $117,960 (2009) City of Torrance: Centennial Park$170,392 (2012) Torrance Unified School District: Walteria Elementary Field Irrigation $158,000 (2012) City of West Covina: Curb, Gutter and Wheelchair Ramps $193,743 (2006), Heritage Park $567,000 (2006), Galster Park $884,000 (2006), Cortez Park$110,000 (2006), Equestrian Trail Fence at Holt and Grand $94,000 (2007), Fuel Island Canopy$63,000 (2007), Maverick Field $62,000 (2007) City Park Picnic Table & Shelter Imp $233,350 (2007), Cortez Equestrian Riding Ring$80,000 (2007), Shadow Oak Park Expansion Project$1,072,000 (2008), Senior Center $20,500 (2008), Glendora Ave $437,918 (2008), Bus Shelter Powder Coating$181,140 (2008), BK Landfill $101,000(2008), Orangewood Park Canopy Construction $ 28,500 (2009), Stairs at Shadow Oak park$25,200 (2009), Cortez Park Walkway Extension $92,000 (2010), ADA Parking Lot at Senior Center$27,455 (2013), Playground Improvements$27,455 (2013) City of Whittier: Richard M. Nixon Drive Project$370,838 City of Yorba Linda:Jessamyn West Park$71,047 (2006) 5/7/20 cp 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. 9� A (al L- /P n d6il-4-I.-TO Name of proposed Project Manager Telephone No. of proposed Project Manager: J& -4- 6190 U PA41k Voto 24?09oax 0,44, LYylezt -2y),d4z) - ,V w L�L 0/r7 Project Name&Contract Amount Type of Work Date Completed J✓1Y�- ��l r� lQadk- `�3�s;�o� - /°i�c Alty4m+n�it5✓ �rfIMax. 22ao PrOj&t Name&Contract Amount Type of Work Date Completed 0 u341.gw (x/h 6 hvlq%� In4WAal Vy" du fo(a lu F-s Project Name &Contract Amount Type of Work Date Completed 2. D2j k I d( " 9-e 1&Y,1--:�,J- Y7 Name of proposed Superintendent Telephone No. of proposed Superintendent: Project Name &Contract Amount Type of Work Date Completed 1 "377, 1�,)u -Apwa6C4,z' C,.lE fll61 Ar. 2�1 Project Name & Contract Amount Type of Work Date Completed � E i5icc�lL �� r[ Project ame &Contract Amount Type of Work Date Completed C-11 DONALD L HENDERSON GREEN GIANT LANDSCAPE CONSTRUCTION, INC.-LA HABRA,CA—(562)690-6208-greengiantoffice@Zgici.corn Summary Attentive and Seasoned Public Works Contractor with a solid track record for State, Federal and School District Projects for 27 years. As the President of Green Giant Inc. adheres and ensures to industry quality standards within established contracts and budgets. Highlights - Versed in on-site construction leadership - Profound knowledge of construction regulations, ordinances, and techniques - Dedicated to adhering to safety guidelines while completing jobs - Excellent ability to manage time and prioritize tasks - Innate ability to lead diverse subcontractors - Sound understanding of materials and equipment procedures - Vast knowledge of public works contracts documentation - Cost control - Great communication skills Experience Green Giant Landscape Construction,Inc. 1993 to Current Founder and President Supervise and manages construction sites Oversee resolution of all issues during project construction Carefully coordinate plans and specs to keep projects running smoothly Diligent on processing of RFI's, submittals, and samples to the project's owners Educate subcontractors on quality standards throughout the construction process Submits all projects closeout documents in accordance with the contract Performs construction site pre-inspections and coordinates weekly meetings CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations(DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor.Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/P WCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https:Hefiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 177 L I(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. (fie-�V► G�cr�,f (,6��1�ca�, i� Contractor BY 9���� �st�+df Face��a�( cow► (a�.AL) Email Date: //� /�� Title � I PWC Registration #: / 000 NJ 3 C-12 5/11/2020 https://cadir.secure.force.com/ContractorSearch/PrintRegDetaiIs Contractor Information Registration History Legal Entity Name Effective Date Expiration Date STEWART ELECTRIC Legal Entity Type 6/27/2018 6/30/2019 Sole Proprietorship Status 6/26/2017 6/30/2018 Active Registration Number 6/30/2016 6/30/2017 1000020377 Registration effective date 7/2/2015 6/30/2016 7/1/2019 Registration expiration date 4/28/2015 6/30/2015 6/30/2020 Mailing Address 7/1/2019 6/30/2020 21400 ORANGEAVE PERRIS 92570 CA United St... Physical Address 21400 ORANGEAVE PERRIS 92570 CA United St... Email Address Trade Name/DBA License Number(s) CS LB:406096 Legal Entity Information Sole Proprietor Name: Workers Compensation Do you lease employees No through Professional Employer Organization (PEO)?: Please provide your current workers compensation insurance information below: PEO PEO PEO PEO InformationName Phone Email https://cadir.secure.force.com/ContractorSearch/PrintRegDetaiIs 1/1 dil Department of Industrial Relations STATE OF CALIFORNIA APPLICATION FOR PUBLIC WORKS CONTRACTOR REGISTRATION Registration Information Type: Renewal Period:July 1,2019—June 30,2020 Contractor Information Contractor Name: GREEN GIANT LANDSCAPE,INC. Trade Name: License Type Number: 1000014238 Contractor Physical Address Physical Business Country: United States of America Physical Business City/Province: LA HABRA Physical Business Address: 941-A MACY STREET Physical Business State: CA Physical Business Postal Code:90631 Contractor Mailing Address Mailing Business Country: Mailing Business City/Province: Mailing Business Address: Mailing Business State: Mailing Business Postal Code: Contact Info Daytime Phone: Daytime Phone Ext.: Mobile Phone: Business Email: greengiantoffice@aol.com Applicant's Email: greengiantoffice@aol.com Registration Services::Page 1 of 2 6/24/2019 10:28:29 AM orkers' Compensation Professional Employer Organization (PEO) _ on you lease employees through Professional Employer Organization? No Workers'Compensation Overview Insured by carrier Carrier: ucnuso|nsxxTnAvvAv Inception Date:April 1,2019 Policyholder Name: GREEN GIANT LANDSCAPE,INC. Expiration Date:April 1,znzn Policy Number: smwco14zz4 Certification �. ����x ��ox������on Yes I certify that I do not have any delinquent liability to an employee or the state for any assessment of back wages o,related damages,interest,fines,or penalties pursuant tu any final judgment,order,v,determination by a court or any federal,state,or local administrative agency,including a confirmed arbitration award Ye, /certify that the contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment o,contractors from public works. Yes /certify that one of the following i,true:(z)|um licensed hy the Contractors State License Board(csLn)in accordance with Chapter 9(commencing with Section 7000)of the Business and Professions Code;or(2)my business n,trade i,not subject to licensing bv the csLo. /understand refunds are not authorized 1,Don Henderson,the undersigned,am,GREEN GIANT LANDSCAPE,INC.with the authority to act for and on behalf of the above named contractor.I certify under penalty of perjury that all of the above information provided is true and correct.I further acknowledge that any untruthful information provided in this application could result in the certification being canceled. |certify this on:s/24/znzy1V:zsyaAM Legal Entity Information Legal Entity Type:Corporation Name:GREEN GIANT LANDSCAPE,INC. C To STATE L!F NSEC gOARO ACTIVE LICENSE , 670478 CORP GREEN GIANT LANDSCAPE INC m� .., AC27C13 E��M 05/31/2022 www.csIb.ca.gov City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK RESTROOMS PHASE 2, CC1601 in the CITY OF HUNTINGTON BEACH APRIL 24, 2020 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) SHEET A2 of the PROJECT SPECIFICATIONS Delete the last sentence of the first paragraph of the"project description"section indicating that NTP is expected on September 1, 2020.There is no expected delay for NTP for this project. This is to acknowledge receipt and review of Addendum Number One, dated April 24, 2020 Company Name By Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. ......... . DSCAPE t f INC. STATE LIC.A&C-27.0 670478 CERTIFIED COPY OF RESOLUTIONS OF BOARD OF DIRECTORS OF GREEN GIANT LANDSCAPE INCORPORATED "RESOLVED, that Donald L. Henderson, as President of Green Gian Landscape Incorporated, is authorized to enter into and sign all contracts on behalf of this corporation. " I, Rosie Toledo, the duly elected, qualified and acting Secretary of Green Giant Landscape Incorporated, an organized and existing California corporation, do hereby certify that the foregoing is a full, true and correct copy of the resolution duly adopted by the Board of Directors of said corporation at a meeting thereof at which meeting a quorum of said Board was at all. time present and acting; and that said resolution has not been modified or rescinded and is at the date of this Certificate in full force and effect . IN WITNESS WHEREOF, the undersigned has executed this Certificate and affixed the corporate seal of said corporation this 27th day of October, 1998 . `Ro�sie Toledo, Secretary 941-A Macy Street La Habra, CA 90631-3400 (562) 690-6208 • Fax (562) 690-5029 E-Mail: GresnGiantland�emall.msn.cam CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FRO14: Ld 0Cf pe PRO]ECT: C10 tya I PGA}�K- 5 u 0 (Contractor Name) Bid 5e /4 LF (Street dress) i La tila4y�i i ( ity,State and Zip) TO: CITY OF HUNTINGTON BEACH i E DECLARATION Attached hereto is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorsement CG 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach("City')and the above-named Contractor("Contractor')for the above-described project( Project'. I declare under penalty of perjury under the laws of the State of California that the above statement is true and correct. t Signed on ,U e 17 20J'at L,e+ 74: i✓t t ' (Date) (city,State)r lgnature of In i 1 W4 is haking Declaration) WARRANTY Contractor hereby warrants and agrees to maintain Products and Completed Operations Insurance in compliance with the insurance requirements of the Contract for the Project. Said insurance shall be maintained through and until the expiration of all y Warranties provided by Contractor. Said insurance shall contain Additional Insured Endorsement CG 2010 1185, naming City as an additional insured. Contractor shall supply to City, on at least an annual basis, a Certificate of Insurance and the aforementioned Endorsement evidencing continued coverage which meets the Contract requirements. Signed on 3 o m-e (7 20 at ( _ (Date) (City,State) CONTRACTOR: Name: Veet 1n Name: Title: f? ' 277621.2 AC"Ra CERTIFICATE OF LIABILITY INSURANCE DATE(06/16//2020 Y) 020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Certificate Dept. NAME: Tutton Insurance Services AlC E0 Ezt: (949)261-5335 q/c,No): (949)261-1911 2913 S Pullman St E-MAIL ADDRESS: License#01389376 INSURER(S)AFFORDING COVERAGE NAIC# Santa Ana CA 92705 INSURER A: Ohio Security Ins CO 24082 INSURED INSURER B: American Fire&Cas Ins CO 24066 Green Giant Landscape,Inc. INSURER C: Oak River Ins Co 34630 941-A Macy Street INSURER D: INSURER E: La Habra CA 90631 INSURER F: COVERAGES CERTIFICATE NUMBER: 20/21 Liab/AUto/XSANC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEAIJUL POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIALGENERALLIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREMISES Ea occurrence $ 300,000 MED EXP(Any one person) $ 15,000 A BKS56365248 10/09/2019 10/09/2020 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY [g PRO- ❑ 2,000,000 JECT LOC PRODUCTS-COMP/OP AGG $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY tDAMAGE $ AUTOS ONLY AUTOS ONLY Per acciden $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 B X EXCESS LAB CLAIMS-MADE ESA56365248 10/09/2019 10/09/2020 AGGREGATE $ 2,000,000 LED I X1 RETENTION$ 0 $ WORKERS COMPENSATION X1 STA PERTUTE EORH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 C OFFICEWMEMBEREXCLUDED? N/A GRWC117594 04/01/2020 04/01/2021 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Central Park Restrooms Phase 2 Proj#CC1601 City of Huntington Beach,its agents,officers,and employees are named as additional insured per attached Blanket GL AV Endts.in tided-CG2010 04/13& CG2037 04/13.Primary&Non-Contributory included-CG8810 04/13. AP O4HA TO FORM �By: ATES CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St. AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BKS56365248 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS,:. LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): The City of Huntington Beach, its officers,elected or appointed officials,employees, agents,and volunteers Location(s) Of Covered Operations Center Park Restrooms Phase 2 Project#CC1601 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 m Who Is An Insured. is amended to B. With respect to the insurance afforded to include as an additional insured. the person(s) these additional insureds„ the following addi_ or organization(s) shown in the Schedule, but tional exclusions apply: only with respect to liability for ".bodily in- This insurance does not apply to -oocwy in- jury"; "property damage" or "personal 'and n , advertising injury" caused, in whole; ;or in Jury" or" property damage occurring after; part by 1. All work, including materials, parts or equipment furnished in connection with. 1. Yuur dots Vt.urn ss vrrs; ui such work, on the project (other than ser- 2. The acts or omissions of those' acting' on vice, maintenance or repairs) to be per- your behalf, formed by or on behalf of,the additional in the performance of z your ongoing insured(s) at the location of the covered operators for the additional insured(s) at the operations has, peen completes; or location(s) designated above. 2. That portion of ".your work" out of which However: the injury or damage arises has been put 1_ Tho insurance afforded to such additional" to its intended use by any person or or- insured only applies to the extent permit- ganization other than another contractor ted by law; and or subcontractor engaged in performing operations for a principal as a part of the 2. If coverage provided to the additional in- same project. sured is required by a contract or agree- ment, the insurance afforded to such additional insured .will not be broader than that which you are required by the oontraot or agroornont to provido for euoh additional insured; CG 20 10 04 13 Q Insurance Services Office, Inc.,, 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds; the following is added to Section III -Limits Of Insurance: If coverage provided to the;additional insured is required by a contract or agreement, the most we will pay_on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Availabio undor tho opplioablo Limite of Insurance shown in the Declarations; �....�... whichever is.less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- —' larations. O Page 2 of 2 Insurance Services Office; Inc., 2012.' CG 20 10 04 13 POLICY NUMBER: BKS56365248 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIA51LITYY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers Location And Description Of Completed Operations Center Park Restrooms Phase 2 Proj#CC1601 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 -Who Is An Insured is amended to B. With respect to the insurance afforded to Include as an additional insured the person(s) these adaltlonal insureds, the following Is or organization(s) shown in the Schedule; but added to Section III-Limits Of Insurance: only with respect to liability for "bodily in- If"coverage provided to the additional insured jury" or "property damage caused, in whole is required by a contract or agreement,, the or in part, by "your work" at the location des- most; we will i nated and described in the Schedule of this pay on behait of the additional g 'insured is the amount of insurance: endorsement performed for that additional insured and included in the "products-com- 1. Required by the contract or agreement; ploted operations hazard". or However: 2. Available under the applicable. Limits of Insurance shown in the Declarations; 4 1. The insurance afforded to such additional insured only applies to the extent permit- whichever is less. ted by law; and This endorsement shall not increase the ap- 2. If coverage provided to the additional in- plicable Limits of Insurance shown in the Dec- sured is required by a contract or agree- larations. ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 a EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU O 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g.Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY-ELEVATORS 1. Under Paragraph 2. Exclusions of Section I -Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. 4 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III -Limits Of Insurance. 2. Paragraph 6. under Section III -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. . ............ 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: $ 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION s If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I -Coverage C-Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.1b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to .Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. 3 The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Condi- tions. 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or"property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or"property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form ° or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section 11 -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker' as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d))does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. s No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit' by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V-Definitions, Definition 3. is replaced by the following: 3. 'Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV -Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. m 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 6/25/2020 Company Profile CALIFORP41A DEPARTMENTOF INSURANC& COMPANY PROFILE Company Profile Company Search Company Information Company Search Results PHILADELPHIA INDEMNITY INSURANCE COMPANY Company ONE BALA PLAZA SUITE 100 Information BALA CYNWYD, PA 19004 Old Company 877-438-74S9 Names Agent for Service Old Company Names Effective Date Reference Information NAIC Group List Agent For Service Lines of Business Vivian Imperial Workers' 818 WEST SEVENTH STREET Compensation SUITE 930 Complaint and LOS ANGELES CA 90017 Request for Action/Appeals Contact Information Reference Information Financial Statements PDF's NAIC #: 18058 Annual Statements California Company ID #: 3576-6 Quarterly Statements Date Authorized in California: 01/27/1993 Company Complaint License Status: UNLIMITED-NORMAL Company Performance & Company Type: Property &Casualty Comparison Data Company State of Domicile: PENNSYLVANIA Enforcement Action 11 Composite Complaints Studies back to top Additional Info Find A Company NAIC Group List Representative In Your Area View Financial NAIC Group #: 3098 Tokio Marine Holdings Inc GRP Disclaimer Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFu nction=getCompanyProfile&eid=12973 1/2 6/25/2020 Company Profile TEAM AND VEHICLE back to top © 2008 California Department of Insurance https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=12973 2/2 6/25/2020 Surety Bonds-List of Certified Companies Pennsylvania Manufacturers' Association Insurance Company (NAIC #12262) BUSINESS ADDRESS: P.O. Box 3031, Blue Bell, PA 19422 - 0754. PHONE: (610) 397-5000. UNDERWRITING LIMITATION b/: $32,524,000, SURETY LICENSES c,f/: AL, AK, AR, CO, CT, DE, DC, FL, GA, HI, ID, IL, IA, KS, KY, LA, ME, MD, MA, MI, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, OH, OK, PA, RI, SC, SD, TN, TX, UT, VT, WA, WV. INCORPORATED IN: Pennsylvania. Pennsylvania National Mutual Casualty Insurance Company (NAIC #14990) BUSINESS ADDRESS: P. 0. Box 2361, Harrisburg, PA 17105 - 2361. PHONE: (717) 234-4941. UNDERWRITING LIMITATION b/: $58,016,000. SURETY LICENSES c,f/: AL, AS, AZ, AR, CO, CT, DE, DC, FL, GA, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NJ, NM, NY, NC, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI. INCORPORATED IN: Pennsylvania. PHILADELPHIA INDEMNITY INSURANCE COMPANY (NAIC #18058) BUSINESS ADDRESS: One Bala Plaza East, Suite 100, Bala Cynwyd, PA 19004 - 1403. PHONE: (610) 206-7836. UNDERWRITING LIMITATION b/: $236,948,000. UNDERWRITING LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MID, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Pennsylvania. PLATTE RIVER INSURANCE COMPANY https://www.fiscal.treasury.gov/surety-bonds/list-certified-companies.html#p 62/91 Bond No.:PB 115104 01033 Premium:Included with Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,C* of Huntington Beach hereafter referred to as'Ci has awarded to Green Giant Landscape, Inc.-941-A Macy St.,La Habra,CA 90631 (name and address of Contractor) (hereinafter referred to as*Principal*),a contract('Contract)for the work described as follows: Central Park Restrooms Phase 2 (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 Wirth the California Department of Insurance. NOW THEREFORE,we,the undersigned Princip�al,and Philadelphia Indemnity Insurance Company-251 S.Lake Avenue,Suite 70,Pasadena,CA 91101 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of One Hundred Sixty Nine Thousand and 00/100s dollars($16q 00 00 1,this amount being not less than one hundred percent(100%)of the total price set forth in the Contract,in lawful money of the United States of America,for the payment of which sum,well and truly to be made,we bind ourselves,and each of our heirs, executors,administrators,successors,and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the Principal,his,her,or its heirs,executors, administrators,successors or assigns,or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code('Claimants')for all labor,materials or services used or reasonably required for use in performance of the work described in the Contrad,or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant,or prevailing wages due and penalties incurred pursuant to Sections 1774,1775,1813 or 1815 of the Labor Code,or any amounts required to be deducted,withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract,Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable atiomey's fee in an amount fixed by the court. PAYMENT BOND Page 1 of 2 15-45WI 17357 Bond No.:PB 115104 01033 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 duty executed by Principal and Surety,on the date set forth below,that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety,by execution of this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to execute or property execute this bond. Dated: June 11,2020 ATTEST Green Giant Landscape, Inc. (Corporate Sean (Principal Name) Name: Title: ATTEST Philadelphia Indemnity Insurance Company (Corporate Seal) (Surety Name) By: A, -)�—-,-,0-d— Name:Matthew J.Uoeffs (Signature of Attorney-in-Fact for Surety) (Attach Attomey-in-Fact Certificate) 6�26) 639-1325 (Area Code ti Telephone Number for Surety) APPROVED AS T M: By: hael E.Gates, ity ttomey / 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 1 5-45 94/1 173 57 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California ) County of Orange ) On J UN 1 11020 before me, Adelaide C.Hunter,Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J.Coats Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. AOELAIDE C.HUNTER WITNESS my hand and official seal. iNotary Public • Callioraia .° �. Orange County Commission # 2168064 H Signature My Conim.Ex ires Oct 19,2020 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association -www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 6744 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 Linda D.Coats and Matthew J.Coats of Coats Surety Insurance Services,Inc.,its true and lawful Attorney-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$50,000,000.00. 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 14`h of November,2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company:(1)Appoint Attorney(s)in Fact and authorize the Attorney(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 Attorney-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 27T"DAY OF OCTOBER,2017. 1''- (Seal) Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 27'h 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, r,^Wy..l wt4t!*j'i.,'Chh rt,P,fi rt� :»crc atd8tt � t�`Pt�'3y'7."r. tnovrj , Notary Public: Ii - 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 the Power of Attorney issued pursuant thereto on the 271h 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 ' day of �V I&C ,20 Zt� ry r Edward Sayago,Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 13 1 li `{ CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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, j and not the truthfulness, accuracy, or validity of that document. i j State of California } I County of Do II-7 .J On St,(F`?C I / vZ.L% before me, i 5i&-F0If'/ /1� '- '✓I,.V4 �`X�i/I ( ere msert name- e e cer personally appeared — Do Yy, (,,I L—• �'► who proved to me on the basis of satisfactory evidence to be the person(s)whose r name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ROSIE TOLEDO•HENDERSON WITNESS m a 1 1 I seal. A. Notary Public-California Orange County Commission A 2271185 0,y Comm.0, Expires Dec 15,2022 S&tur (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Thisform complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/dwy,is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual Is) 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 acnowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attonney-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(Le.CEO,CFO,Secretary). 2015 Version wvoi,,.NotaryC!asses.corn800-813-9So5 Securely attach this document to the signed document with a staple. 6/18/2020 Official Payments-Pay Taxes,Utility Bills,Tuition&More Online This is a"printer friendly"page. Please use the"print"option in your browser to print this screen. OFFICIAL PAY M I-N T,S' R f(:Y Irk CA K I�.'IyYilih5,IM"". Huntington Beach, City of, CA Business License Tax Confirmation Number: 07246G Payment Date: Thursday,June 18, 2020 Payment Time: 03:09PM PT Payer Information Name: Christine Prothero Street Address: 941-A Macy St La Habra La Habra, CA 90631 United States Daytime Phone (562)690-6208 Number: E-mail Address: greengiantoffice@aol.com Only Business License payments will be accepted on this site Business License# (numeric portion 307942 oniy): Business Name: Green Giant Landscape, Inc. Card Information Card Type: Visa Card Number: Card Verification ,*,* Number: Payment Information Payment Type: Business License Tax Payment Amount: $126.70 RIGHT TO REFUND You,the customer,are entitled to a refund of the money to be transmitted as the result of this agreement if ACI Payments, Inc.does not forward the money received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by you within 10 days of the date of the receipt of the funds from you unless otherwise instructed by you. If your instructions as to when the moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted, you have a right to a refund of your money. If you want a refund, you must mail or deliver your written request to ACI Payments, Inc. at 6060 Coventry Drive, Elkhorn, NE 68022. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to$1,000 and attorney's fees pursuant to section 2102 of the California Financial Code. Thank you for using ACI Payments, Inc. If you have a question regarding your payment, please call us toll free at 1-800-487-4567.To make payments in the future, please visit our website at www.offiicialpayments.com. Copyright©2020 ACI Payments, Inc.All Rights Reserved. ACI Payments,Inc.is licensed as a money transmitter by the New York State Department of Financial Services,the Georgia Department of Banking and Finance, and by all other states and territories,where required. NMLS#936777. hftps://www.officialpayments.com/pc_step6_print.isp 1/1 Bond No.:PB 115104 01033 Premium:$3,380.00 "premium is based on 100%of the final contract amount" PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as'City)has,by written agreement dated 20_entered into a contract with Green Giant Landscape,Inc.-941-A Nlacy St.,La Habra,CA 90631 (name and address of Contractor) (hereinafter referred to as'Principal%for performance of the work described as follows: Central Park Restrooms Phase 2 (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&Pooes,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 Philadelphia Indemnity Insurance Company-251 S.Lake Avenue,Suite 360,Pasadena,CA 91101 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of One Hundred Sixty Nine Thousand and 00/100s Dollars($169,00.00 ),this amount being not less than one hundred percent of the price set forth in the Contract,in lawful money of the United States,for the payment of which sum,well and truly to be made, we bind ourselves,our heirs,executors,administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly,fully and faithfully perform each and all of the covenants,obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered,amended or modified from time to time;and if the Principal shall indemnify and save harmless City and all of City's officers,agents and employees(hereinafter collectively referred to as"Obligees')fromany and all losses,liability and damages, claims,judgments,stop notices,fees and costs of every description,whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract,including all alterations,amendments and modifications thereto,and any warranties or guarantees required thereunder,then this obligation shall be void;otherwise,it shall be and shall remain in full force and effect. Surety stipulates and agrees,for value received,that no adjustment of the time or price in the Contract or any alteration,change,deletion,addition or other modification to the Contract,or the work to be performed thereunder,shall in any way affect,limit,restrict,impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract or contract price,and any other alteration,change, deletion,addition or other modification to the Contract, or the work to be performed thereunder,and agrees 15-45941117174 Bond No. PB 115104 01033 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 shalt 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 property execute this bond. Dated: June 11,2020 ATTEST Green Giant Landscape, Inc. (Corporate Seat) Principal Name) / Name: Title: ATTEST Philadelphia Indemnity Insurance Company (Corporate Sea]) (_Surety Name),, ,/— By: Name:Matthew J.C (Signature of Attomey-in-Fact for Surety) (Attach Attomey-in-Fact Cedtflcate) 6�26) 639-1325 (Area Code&Telephone Number for Surety) APPROVED AS TO F By: OichelE.Gates,City Attorney Note: This bond must be executed in duplicate and dated,alf signatures must be notarized,and evidence of the authority of any person signing as eitomeyan-fact must be attached. PERFORMANCE BOND Page 2 of 2 1545941I17174 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On J 10 before me, Adelaide C. Hunter,Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J.Coats Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ADELAIDE C. HUNTER WITNESS my hand and official seal. Notary Public - Cell'orn-; z Cour;iy a Commissicn # 2168OC4 Signature My Comm.Ex Tres Oct 19,2020 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 6743 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 Linda D.Coats and Matthew J.Coats of Coats Surety Insurance Services,Inc.,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$50,000,000.00. 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 14'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 27T"DAY OF OCTOBER,2017. (Seal) Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 27°i 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. 1 j'vilb i*tbk.CK },�,'11'hLXYAM - s� 1 r Notary Public: XMl^i MiJk YT>tIMM1N 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 the Power of Attorney issued pursuant thereto on the 27'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 Attomey 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 day of �V✓�� 202,-7 . Edward Sayago,Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 1 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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. i i l State of California } County of VNnu } IOn Ii-III, - Z before me, (Hem insert name e at fee officer) personally appeared - -Do kv (d L- +-4,od tot,-i i — who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OSIE WITNESS my d 1 seal. _ RNotary Public-Caalif rnia = Orange County > i Commission#2271185 My Comm.Expires Dec 15,2022 9atagLP-ub11 gnatu (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/tbey—is/me)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer e 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. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) ackmowledgment is not misused or attached to a different document. Other Indicate title or type ofattached document,number ofpages and date. ❑ Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version wlar:rr.NoarvC!asses.com800-873^8^05 Securely attach this document to the signed document with a staple. 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 July 13, 2020 Green Giant Landscape, Inc. Attn: Donald L. Henderson 941-A Macy Street La Habra, CA 90631 Re: Central Park Restrooms Phase 2, CC -1601 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. Sincere) 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 AIA DOCUMENT A310n-2010 BID BOND Any singular reference to Contractor, Surely, Owner or other party shall be considered plural where applicable. CONTRACTOR SURETY(Name, legal status and principal place of business)_ (Name, legal status and address). Philadelphia Indemnity Insurance Company Green Giant Landscape,Inc. 251 S.Lake Ave.,Suite 360,Pasadena,CA 91101 941-A Macy St.,La Habra,CA 90631 OWNER (Name,legal status and address): City of Huntington Beach 2000 Main Street,Huntington Beach,CA 92648 BOND AMOUNT: Ten percent(10%)of the total amount of the bid PROJECT: (Name,location or address, and Project number,if any) Central Park Restrooms Ph.2 CC No.1601 The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or(2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 1 Printed in cooperation with the American Institute of Architects (AIA) The language in this document conforms to the language used in AIA Document A310 2010, When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 8th day of May, 2020. Green Giant Landscape,Inc. a!) (Corporate Seal) Witness) (Title) � Philadelphia Indemnity Insurance Company (Surety) (Corporate Seal) (Witness) (Attomey-in-Fact) atthew J.Coats 2 Printed in cooperation with the American Institute of Architects (AIA) The language In this document conforms to the language used in AIA Document A310?N-2010. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On MAY 0 8 2020 before me, Adelaide C. Hunter,Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J.Coats Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph ADELAIDE C. HUNTER is true and correct. ? Notary Public -California Z WITNESS my hand and official seal. a.".cy, ,;. � Z,,` ,;a Orange County Z Z � .,:- Commission #2168064 n My Comm. Expires Oct 19,2020 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s):. ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 6668 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 Linda D.Coats and Matthew J.Coats of Coats Surety Insurance Services,Inc.,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$50,000,000.00. 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 14'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 Attorney(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 Attorney-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 27T"DAY OF OCTOBER,2017. E (Seal) 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. .IttnNzna�rw r, Notary Public: t an' f j lone Nc^Lr 1 f N iy -i� -�—. 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 the Power of Attorney issued pursuant thereto on the 27'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 day of �G�y 20 -,20 . `r Edward Sayago,Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY r. CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 ����ylC�C'� } On J�l����� before me, k' 6 ID (ct-le I Here insert name and we o ih o icer personally appeared -a)na ( L I e '1Glc 'Sc)►/-� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ROSIE TOLE DO-HENDERSON WITNESS my h an "ff i 'seal. _ z;F Notary Public-California orange County ;Y o Commission N 2271185 My Comm.Expires Dec 15,2022 Notarq P ign re 7 (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,should be completed and attached to the document.Acknowledgments fi-om other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(Le. he/she/they,-is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (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. ❑ Attomey-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). 20,15 Version hn.nv.ivotaryCiasses.com 800-8 3-S8^o5 • Securely attach this document to the signed document with a staple. RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) >I�R CITY OF HUNTINGTON BEACH IOU INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: �1/3 L,2>O SUBJECT: Bond Acceptance I have received the bonds for (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. PIS &2-c�W 41033 Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved _ (Council Approval Date) CC No. �C�D� �Lv No.MSC No.No. City Clerk Vault No. �UU• s� Other No. SIRE System ID No. �•3 /n�0�4D g:/forms/bond transmittal to treasurer � v ' o V � O � O sts 4Ct �+t N � � NO o, (0"ti/45Z/j'Iuo-40 z-i�7vK-•.rs IIPPRO VED --�L-O City of Huntington Beach File #: 20-1588 MEETING DATE: 6/1/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Tom Herbel, Acting Director of Public Works Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Green Giant Landscape, Inc., in the amount of$169,000 for the Central Park Restrooms Phase 2, CC-1601 Statement of Issue: On May 12, 2020, bids were publicly opened for the Central Park Restrooms, Phase 2 project, which will replace the restroom near Kathy Mays' Lakeview Cafe in Central Park. City Council action is requested to award the construction contract to Green Giant Landscape, Inc., the lowest responsive and responsible bidder. Financial Impact: Total construction cost for the project, including contingency, materials, and supplemental expenses is $428,100, which is available in the current fiscal year budget in the Quimby Fund account 22645010.82900. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Green Giant Landscape, Inc. in the amount of$169,000; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, or provide staff with an alternative action. Analysis: In an effort to modernize existing restrooms in Central Park, the Community Services Department has elected to install new Romtec modular restrooms. This project will replace one existing restroom near Kathy May's in Central Park with a new Romtec modular restroom matching those recently City of Huntington Beach Page 1 of 2 Printed on 5/28/2020 powered*LegistarM File #: 20-1588 MEETING DATE: 6/1/2020 installed during Phase 1 near the Dog Park, the Slater Parking Lot, and the Park Bench Cafe. Identical to the others, this restroom will have six stalls and be installed at the same location as the existing restroom. Bids were publicly opened on May 12, 2020, with the following results: BIDDER'S NAME BID AMOUNT Green Giant Landscape, Inc. $169,000 Harbor Coating & Restoration $172,730 GEM Construction, Inc. 178,827.93 Leonida Builders, Inc. 186,942 BNC Construction, Inc. 196,400 CEM Construction Corp. 1204,875 A reference check confirmed that Green Giant Landscape, Inc., has provided acceptable construction services on past projects for various public agencies. Therefore, staff is recommending an award of contract to Green Giant Landscape, Inc., in the amount of$169,000. The total project cost is estimated to be $428,100, which includes the construction contract, $16,900 for contingency, $190,000 for the purchase of the modular components from Romtec, and $52,200 for construction inspection and materials testing. Environmental Status: The project is categorically exempt pursuant to Class 1, section 15031 c of the California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Vicinity Map City of Huntington Beach Page 2 of 2 Printed on 5/28/2020 powered3g,LegistarTM moo. G �P� � cn � BOLSA AVE NTS Mc FADDEN AVE. s9� U Q J cnEDING R AVE. /FC 0 Y m w (n (J J O 00 z HEIL a m AVE. m �)- m C, m z Q bi 0-1 o WAR ER a- o z = AVE. J w o Q 0 0 SLATER 00 AVE. 405 TALB RT AVE. PACIFIC o ELLIS AVE. GARFIELD AVE. F-� �_: �__: o l_� cn uo cn cn o' C'0 YORKTOWN AVE. 3� z AVE. PROJECT LOCATION �'° o� ���� Y LLJ z O1 Central Park Restrooms INDIANAPOLIS AVE. cf) Q ATLANTA AVE. m w �m Q p = J m Y HAMILTON z = Q D m BANN NG OCEAN AVE. REV 2/14/20 CENTRAL PARK RESTROOMS, PH. 2 PROJECT VICINITY MAP U04J..mic CITY OF HUNTINGTON BEACH Iola DEPARTMENT OF PUBLIC WORKS 1 OF 1 36 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK RESTROOMS PHASE 2, CC1601 in the CITY OF HUNTINGTON BEACH APRIL 24,2020 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) SHEET A2 of the PROJECT SPECIFICATIONS Delete the last sentence of the first paragraph of the"project description"section indicating that NTP is expected on September 1, 2020.There is no expected delay for NTP for this project. This is to acknowledge receipt and review of Addendum Number One,dated April 24, 2020 Company Name By Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. pure" g123/2o L41 so -Z0 SECTION A NOTICE INVITING SEALED BIDS for the construction of CENTRAL PARK RESTROOMS PH. 2 CC No. 1601 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on May 12, 2020. Due to the-COVID-19 pandemic, bids hand delivered, will only be accepted between the hours of 1:00 PM and 2:00 PM, immediately outside of the Civic Center entrance,on the day of bid. Bids will be publicly opened in the same area to allow for social distancing.It is advised that bidders arrive earlier than normal to deliver bids to allow for additional bid processing and acceptance times due to the safety measures described above. 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 S10.00 nonrefundable fee if picked up, or payment of a S30.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY website at: http://www.huntingtonbeachea.gov/government/departments/public works/Bids/ Open website, then click on"Current Advertised Projects"tab. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A and B at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: The project consists primarily of the demolition of one existing restroom in Huntington Central Park and the construction of a new Romtec modular restroom at the existing restroom location.Materials for the construction of the new restroom building will purchased from Romtec and be provided by the City. Utilities shall be temporarily capped during demolition and construction and connected to the new restroom. To avoid high summer use, a Notice to Proceed is expected to be issued by September 1, 2020. The engineer's estimate for this project is $175,000. The contract shall allow the Contractor 30 working days to complete the contract. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 3rd day of June 2019, by Resolution No. 2019-28. Attest: /s/Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH % c CITY OF HUNTINGTON BEACH J PUBLIC WORKS DEPARTMENT 2000 Main Street P . O Box 190 Huntington Beach , CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Robin Estanislau Date: April 7, 2020 To: City Clerk Project/C.C. No.: CC No. 1601 2000 Main Street Regarding: CENTRAL PARK RESTROOMS PHASE 2 Huntington Beach, CA 92648 ® We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ❑ We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Other: Item# Copies Pages I Description 1 1 2 NOTICE INVITING SEALED BIDS FOR CC NO. 1601 CENTRAL PARK RESTROOMS PHASE 2 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your action ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2019-28 (adopted on 613/19), the City Council authorized the advertisement of the above listed restroom project. Please find the attached Notice Inviting Sealed Bids for advertisement on 4/23/20, 4/30/20, and 5/7/20. The bid opening is scheduled for May 12, 2020 at 2:00 PM outside of the Civic Center. If you have any questions regarding the enclosed =ent,,feelfr to contact me at gabriel.munozmorris ansurfcity-hb.org or(714) 375-8444. cc: file By: el unoz-Morris,PIE,Associate Civil Engineer Switzer, Donna From: Sandra Campos <scampos@scng.com> Sent: Friday, April 17, 2020 1:41 PM To: Moore, Tania Cc: Switzer, Donna Subject: Re: NISB CC No. 1601 Thank you! You're all set to publish. Sandra Campos Orange County Register 2190 Towntpe Centre Place Anaheim,CA 92806 Main Line: 714-796-2209 Direct Line: 714-796-6748 Email: scamaos(ascne.com * PLEASE NOTE NEW EMAIL ADDRESS SOUTHER (] CHLIFORnIH NEWS GROUP On Fri, Apr 17, 2020 at 1:35 PM Moore, Tania<Tania.MooreAsurfcity-hb.or9>wrote: Hi Sandra, Approved and ready to publish as is. Thanks Tania Moore Deputy City Clerk City Clerk's Office 714-536-5209 tan ia.mooreCaD-surfcity-hb.org 1 From: Sandra Campos<scampos@scng.com> Sent:Thursday, April 16, 2020 6:49 PM To: Switzer, Donna <Donna.Switzer@surfcity-hb.org> Cc: Munoz Morris, Gabriel<gabriel.munozmorris@surfcity-hb.org>; Broussard,Todd <tbroussard@surfcity-hb.org>; Estanislau, Robin <Robin.Estanislau@surfcity-hb.org>; Esparza, Patty<PEsparza@surfcity-hb.org>; Moore,Tania <Tania.Moore@surfcity-hb.org> Subject: Re: NISB CC No. 1601 Hello, Below is the proof for your review, please make sure all is correct. If it is not please send the corrections and I will send a new proof with your corrections. Once the proof is approved you need to write back, "approved, ready to publish as is" Your ad will be published just as it was approved. If you need to re-publish your previously approved notice we will need to charge you to re-publish. Cost$1,620.00 /Ad#11379767 to publish in the Huntington Beach Wave on April 23, 30, May 7, 2020 PROOF 2 `i SECTION 1 NOTICE INVITING SEALED BIDS i forthe construction of `I =i CENTRAL PARK RESTRODAAS PH.2 I 31 CC No.IMI l =ai in the 'i �i C I TYOF H UNTIN GTON BEACH PUBLIC NOTICE15H ERE BY GIVEN that theCITYOFHUNT1NGTONBEPCK05 AGENCY, invites sealed bids for the above slated projects and will receive such bids in the ffice of the C ity Clerk, Second Floor,2000 Main 51reel, Huntington Beach,Ca lifo rn ia 9264M lu p to the ho u r of 2 AO PM on AACW 12,2M. DHetotheCOVID•19pondemic,bids hond del iv- `e red,w it I o n ty be acce pled between t he no u rs of 1 AQ PM ub2 AO PA1e i mmed iotely o ulside "rIIlllll ftheL,vicCenterentrance,onIhedayof bid.Bids wiII be publiclvopened i n I he so me a red O allow far soc is l a ista nci ng.It is advised that bidders arrive ea rl ier the n norma l to del fiver jbids t 0 a I bw for add it iona I bid prooessinganoacceptancetimesaHeto the safely measures escribed above. "1Copiesof the Plans. Specifications,and contract documents are available from the Office of 11 lie Directorof Public Works,2006 Nain Street,Huntington Beach,CA926d&upon payment of a f10A0 nonrefundable fee if picked up,or payment ofa FAO nonrefundable fee if sent by ;iUP5 ground delivery(bidder shall pay addit Tonal coslsfor special delivery).Plans,Specifi- _&( tions,and co ntract docu me nts cc n be down boded free on AG ENCYwebsite at: 1 . f Ope n website,t hen c lic k on"C u rrent Adve rtised P rojecl 'to b. k „Anv contract entered inlo pu rsua nt to this not ice wi ll i nee rporale the provisio ns of the 51 ale iiLaborCocle. Pursuanttothe provisions oft heLabarCodeoftheStateofCalifornio,ihemini- mum prlrvailing rule of per tliem wo4e5 for each croft, clarification or tape of workman jueeded to execute theconlruct shall be Ihosedetermined by the Directorof Industrial Relo- 1 Yions of the State of Cal ifornice which are on fileal the Office of 1he Di recto rof Public Works, 2000 Main Slreele Huntington Beach,CA 9264B. >A t-The.AGENCY will deduct 9%retention from all progress payments. The Contractor may -su bstitute an escrow holder surety of equa I value tot he retention in accordance with the pro- �visions of the Public Contract Code,Section 10263. The Contraclorsholl be beneficial owner ,,nfthesurely and shall receiveany interest lhereon. i g r heA G ENCY hereby affirmatively ensures 1 hat minority busi nesse nterprises wil I be afford- ed full opportunity to submit bids in response to lthis notice and will not be ascriminoted goinsl on the basis of race,eobr,national origin,a ncesl ry,sex,or religion in any considera- ion Lead ingtotheaworaofcontract. iNo bid shall be ccnsidered unless it is prepared on the approvba Pro posoI forms in conforrrr is nce with the InsiTatl'an9la Bid"ersas deter milled by 1he AGENCY.The bid must be ac- �campa n tea by a ce rtifjetl check,cash fie r5 c heC k or bGae r5 ba na rtlotle paya ble to the A.G E N- CYfO r a n ama u ni na lessi ha n l0°t>of the a mount bid. The successful bidtle r she l l de licensed tin acaoraance with provislonsof the Business antl Professions Code and shall possess State 'Cant recto rS Lice nse Class A and B al the ti me of t he bid open i ng. TT he suecessfu I Cont mclo ra no Itissu bcontraclo rswi I I be req ui red to possess busi Hess I ice ns- ,iAes from the A G ENCY.Al I extension of u n it prices will be su bjecl to verificatio It by the.AG E N- -rrCY. I n case of a va rial b u between the u n n price a lid 1 he exie nsio He t he u It it price wi I I gov- x rn. jPmil of ription: The project consists primarily of the demolition of one existing rest- Iroom in Hu nt ington Ce nt ra l Po r k a nd the const ructio n of a new Romt eC mod u b r rest roo m at She existing rest mom location. Mote riols for Ihe conslruclion of the new rest room building ill purchasedfromRomlecana beprovided by theCily. Utilitiesshallbe tempo rorilvcap- ped during demolition and construction and connected toIhe new rest room. Toavoid high ummer use,a Notice to Proceed is expected to be issued by September 1,2020. t j r he a ng inee rs est irriatefo r Ih is pro ject is 6175,000. Thecontroct shall allow the Contracto r 30wo Ming days to complete the control. r 47he AGENCY reserves the right to reject any or all bids•to waive any irregulorily ana to ha ke a I I bids u nde r adv iserre Ill fo r a maxi mu m pe rind of 60 days. jBY ORDER of the CITY COUNCIL of the CITY OF HUNTI NGTON BEACH,CALIFORNIA, he 3Wday of June2M by Resolution No,2a]%M tAtlest 6lRobinEslanislou a CITYCLERKOF THE CITYOF HUNTINGTON BEACH Publish: Huntinglaln Beach Wave April Z3,30 Nray?,2020 1137976? 3 Sandra Campos Orange County Register 2190 Towne Centre Place Anaheim,CA 92806 Main Line: 714-796-2209 Direct Line: 714-796-6748 Email: scampos(a)scnQ.com * PLEASE NOTE NEW EMAIL ADDRESS SOUTHEnn CALIFORMH NEWS GROUP On Thu, Apr 16, 2020 at 2:46 PM Switzer, Donna<Donna.Switzerksurfci . -hb.org>wrote: Good afternoon, Sandra: Please publish the attached NSIB for CC No. 1601 in The Wave on 4/23/20, 4/30/20 and 5/7/20. Thank you. Dovlvla.Switer Deputy City Clerk - City of Huntington Beach 2000 Main Street - Huntington Beach, CA 92648 (714)374-1649 Donna.Switzer(a)surfcity-hb.org 4 Nuntington Beach Wave PROOF OF PUBLICATION 2190 S.Towne Centre Place Suite 100 Anaheim, CA 92806 Legal No. 0011379767 714-796-2209 SECTION A NOTICE INVITING SEALED BIDS 5190751 for the construction of HUNTINGTON BEACH, CITY OF CENTRAL PARK RESTROOMS PH,2 CITY CLERK DEPARTMENT 2000 MAIN ST CC No.1601 HUNTINGTON BEACH, CA 92648-2763 in the CITY OF HUNTINGTON BEACH FILE NO. NSIB for CC No. 1601 PUBLIC NOTICE IS HEREBY GIVEN that The CITY OF HUNTINGTON BEACH,as AGENCY, invites 2 sealed bids for the above stated protects and will receive such bids 9 The AFFIDAVIT OF PUBLICATION office of the City Clerk,Second Floor,2000 Main Street,Huntington Beach,California 92648, up to The hour of 2:00 PM on May 12,2020. Due To The COV I D-19 pandemic,bids hand deliv- ered,will only be accepted between the hours of 1:00 PM and 2:00 PM,immediately outside STATE OF CALIFORNIA, of The Civic Center entrance,on the day of bid.Bids will be publicly opened in the some area SS. To allow for social distancing. It is advised that bidders arrive earlier than normal to deliver bids to allow for additional bid processing and acceptance times due to The safety measures County of Orange described above. Copies of the Plans,Specifications,and contract documents are available from the Office of the Director of Public Works,2000 Main Street,Huntington Beach,CA 92648,upon payment of a$10.00 nonrefundable fee if picked up,or payment of a$30.00 nonrefundable fee if sent by UPS ground delivery(bidder shall pay additional costs for special delivery). Plans,Specifi- cations,and contract documents can be downloaded free on AGENCY website at: http_://_www.huntingtonbeachca.goy/governmenVdeparimenTs/public works/Bids/ County aforesaid; I am over the age of eighteen years,and Open website,then click on"Current Advertised Proiects"tab. not a party to or interested in the above entitled matter. I Any contract entered into pursuant to this notice will incorporate the provisions of The State am the principal clerk of the Huntington Beach Wave, a Labor Code. Pursuant To The provisions of the Labor Code of the State of California,the mini- mum prevailing rate of per diem wages for each craft,classification or type of workman newspaper that has been adjudged to be a newspaper of needed to execute The contract shall be those determined by The Director of Industrial Rela- general circulation by the Superior Court of the County of tions of The State of California,which are on file at The Office of the Director of Public Works, 2000 Main Street,Huntington Beach,CA 92648. Orange, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Huntington Beach, Count The AGENCY will deduct s retention from all progress payments. The Contractor may Y 9 Y substitute an escrow holder surety of equal value To the retention in accordance with The pro- of Orange, State of California;that the notice, of which the visions of The Public Contract Code,Section 10263. The Contractor shall be beneficial owner o annexed is a true printed copy, has been published in f the surety and shall receive any interest thereon. each regular and entire issue of said newspaper and not in 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 any supplement thereof on the following dates,to wit: against on the basis of race,color,national origin,ancestry,sex,or religion in any considera- tion leading to the award of contract. 04123/2020,04/30/2020, 055/07/2020 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 A and B at The time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licens- I certify(or declare) under the penalty of perjury under the es from the AGENCY.All extension of unit prices will be subject to verification by the AGEN- CY. In case of a variation between The unit price and the extension,the unit price will gov- laws of the State of California that the foregoing is true and correct: Project Description: The project consists primarily of the demolition of one existing rest- room in Huntington Central Park and the construction of a new Romtec modular restroom at Executed at Anaheim, Orange County, California, On the existing restroom location. Materials for The construction of the new restroom building will purchased from Romtec and be provided by the City.Utilities shall be temporarily cap- Date: May 07, 2020. ped during demolition and construction and connected to the new restroom. To avoid high summer use,a Notice To Proceed is expected to be issued by September 1,2020. The engineer's estimate for this project is$175,000. The contract shall allow the Contractor 30 working days to complete The contract. The AGENCY reserves the right to reject any or all bids,to waive any irregularity and to Take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH,CALIFORNIA, Signature the 3rd day of June 2019,by Resolution No.2019-28. Attest: /s/Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Publish:Huntington Beach Wave April 23,30,May 7,2020 11379767 ,.LP1-12/15/16 GG NU. ilPnl SIi2J2L� z : aLD CITY OF HUNTINGTON BEACH PROJECT NAME: Central Park Restrooms Phase 2 CC#: CC 1601 BID OPENING DATE: 5/12/2020 TIME & LOCATION: 2:00 PM I Outside Civic Center ENGINEER'S ESTIMATE: $175,000.00 BIDS SUBMITTED (AS READ AT OPENING) BIDDER'S NAME FINAL APPARENT BID RANK AMOUNT BNC Construction, Inc. ENL Building Service, Inc. GEM Construction Inc. Golden State Constructors Green Giant Landscape, Inc. KASA Construction, Inc. Leonida Builders, Inc. Mac Dad Builders, Inc. Mode Builders O'Connell Engineering & Construction, Inc. Parsam Construction, Inc. RS Construction & Development Sailrock, Inc. SPAREA PTS 12062018 Version 15 CC1601.xlsx UNSUCCESSFUL BIDS CC - 1601 Central Park Restrooms Ph. 2 City of Huntington Beach 3 k 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov FB•17,1949P ♦ Office of the City Clerk Robin Estanislau, City Clerk August 12, 2020 BNC Construction, Inc. 17510 Pioneer Blvd. #216 Artesia, CA 90701 RE: Central Park Restrooms Ph. 2— CC No. 1601 Enclosed please find your original bid bond for CC-1601. Sincerely, ��44za� Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of CENTRAL PARK RESTROOMS PH. 2 CC No. 1601 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find l9� , � in the amount of / which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 SECTION C PROJECT B[D SCHEDULE A CENTRAL PARK RESTROOMS PHASE 2 CC1601 BID ITEMS Item Description Quantity Unit Unit Cost Total Cost No. (Extension) Construct ROMTEC Restroom building as indicated on drawings and in specifications. Item includes demolition of existing restroom, utility work, site grading, foundations, concrete slab, abatement as needed, and all other items necessary to complete work. Romtec building materials to be furnished by City. Contractor to provide for secure site including space for building materials, which will become the responsibility of the contractor upon delivery. 1 LS TOTAL BID AMOUNT (BASIS OF AWARD) — SCHEDULE A $ `/00 TOTAL BID AMOUNT (BASIS OF AWARD) IN WORDS: Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2. LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR PWC Dollar % of Item(s) Subcontractor License Registration# Amount Contract Number ft� 0vto �e�►f- lac, l /�,l3� r� P Y Leajuh ltic, //�� !! J 43Z3 RaseLa;ik A --, 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 Arfi?5(,R , -CA Date City State &:�x-k ky(j ��d✓t , being first duly sworn, deposes and says that he or she is ` of P�IC Cajd, ,uCtj�,o 1 JQC, the party making the foreg ing Vid that the bid i 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. m6- /" +cYfi�r/1 �V1c Name of Bidder Signature of Bidder ���a � ���n-ram �1 V�• ��1 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CENTRAL PARK RESTROOMS PH. 2, (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. �Nc Contractor J� By Title Date: 7—V 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 UN 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. 0�7 Contractor By P�-V-e ct "041 Title Date: C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: .ANC Cs`tr C4 Crayi �v�c_ Bidder Name / Busine Address City, State Zip (-)-/3 ) -�V� 3 Tq hi l G*'n-pr 0 (�4wci,� Cor t3 Telephone Number Email Address c �4%� / 6 State Contractor's License No. and Class I 1 �? / 4 Original Date Issued Expiration Date The work site was inspected by P�I A!!iha�o our office on t� -Lyle,- The following are persons, firms, and corporations having a principal interest in this proposal: The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. ANC Co NstV(A 0 /1�16 Company Name Signature of Bidder �l ' Printed or Typed Signature C-8 NOTARY CERTIFICATE �Lr'J Subscribed and sworn to before me this day of A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of County of L o s' A ✓t of o f r S ) On - ct Z p 2 before me, (<G 0 r 1 hu b C M nth, Day, and Year Insert Name an Title of Notary personally appeared of Ki —�Pr n Oj me(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person,{s)whose nam*)dare subscribed to the within instrument and acknowledged to me thatd/she/they executed the same in(! /her/their authorized capacity(ioa), and that by�/her/their signatureWon the instrument the person(,,s}, 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. Y. KANG WITNESS my hand and official seal. COMM #2313319 NOTARY PUBLIC •CALIFORNIA S LOS ANGELES COUNTY Comm.Exp. NOV.22,2023 Signature v/ Signature of Notary Publ' (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project. For example, "Public restroom construction in public park including utility work. Assembly of Romtec buildings in public park. Demolition and construction of new restroom buildings in public park."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: Name and Address of Public Agency Name and Telephone No. of Project Manager: / "Wa 4!�C!-/�QS 7o � 30 -.-o z� Contract Amount Type of Work D to C mpleted 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: 3. C�'r` o� nta t4kj k -V'r-�t- CQ4e ' 16,7-tU/ -5�k►Tt--x /(!�A `f�70 Name and Address of Public Agency p Name and Telephone No. of Project Manager: �{�cl�4A-6 Ui rre. , :714 -A/- Contract Amount Type of Work Date Completed Provide additional project description to show similar work: / C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. Name of proposed Project Manager Telephone No. of proposed Project Manager: w � C.s,p. 70, 3 d v Project Name & Contract Amount Type of Work Date eompleted v bLJJW Project Name & Contract Amount Type of Work Date ompleted Srnl � All N- Project Name& Contract Amount Type of Work Date C mplete 2. Name of proposed Superintendent Telephone No. of proposed Superintendent: Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 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:Hefi ling.dir.ca.gov/PWCR/ActionServiet?action=dispIayPWCRegistrationForm DIR's Contractor Registration searchable database: https://efiIing.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. C � 3frc(� r '► /Pi c Contractor By bnc ��� Email / Title Date: PWC Registration #:_lee-00 C-12 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK RESTROOMS PHASE 2, CC1601 in the CITY OF HUNTINGTON BEACH APRIL 24, 2020 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) SHEET A2 of the PROJECT SPECIFICATIONS Delete the last sentence of the first paragraph of the"project description" section indicating that NTP is expected on September 1, 2020 There is no expected delay for NTP for this project. This is to acknowledge receipt and review of Addendum Number One, dated April 24, 2020 Company N me. By Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. `HILADELPHIA NSURANCE COMPANIES BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we, BNC Construction, Inc. of 17510 PIONEER BLVD#216, 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 Street, 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 05/12/2020 for CENTRAL PARK RESTROOMS PH. 2 - CC No.1601 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: 05/07/2020 BNC Construction, Inc. (Principal) PHILADELPHIA INDEMNITY INSU ANY Y: 1j � Abel ACg Attorney-in-Fact 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,RM.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 14"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 Attorney-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 27TH DAY OF OCTOBER,2017. T rl ��'• h (Seal) 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. COMMO1 G TA OF PEA—IA I HOTARLiLSEA: Abrga Knapp.ilppy P„eYw Notary Public: Lower Mtrion lwE-PO.S-t 25,M21 Notary MyCaron'uaonExpuwt 9pL75,M21 a 'Mrtyaa NW 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 27's 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 7th day of May ,202O 3 92 7 Edward Sayago,Corporate Secretary ,' PHILADELPHIA INDEMNITY INSURANCE COMPANY CALIFORNIA ALL-PURPOSE CERTIFICATE OF 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 Los Angeles On 05/07/2020 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 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ESTEBAN FLORES Notary Public •California WITNESS my hand and official seal. .'a r Los Angeles County z Z Commission#2159770 a My Comm.Expires Aug 9,2020 (Notary Seal) Signature of Notary Public • ADDITIONAL OPTIONAL INFORMATION 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 acknowledgment form must be properly completed and attached to that document. The only exception is if a Bid Bond document is to be recorded outside of California.In 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 notary to do something that is illegal for a notary in N/A California (i.e. certifying 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 if required. Number of Pages to Document Date 05/07/2020 • State and County information must be the State and County where the document 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. (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 name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/Ehe), is/afe)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a i (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. ❑✓ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. i Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). E i Securely attach this document to the signed document i E E C 2004-2015 Prounk Signing Service,Inc.-All Rights Reserved%vw .TheProLink.com-Nati—vide Notary Service N a -- cn E 5; 0- 0 o O 00 O N = O W (B O Q u. N O U- m z Q Z O Q O N N O W = I- V a � N V C7 L w J e-4 U. Z w co Z Q O z w z V Y m N O w V w u=.. Z u O Q �_ z 0 O 2 cv m N = m a � cn W J � C O LU C O Ln v LU E cr U 4A OaC O m O O z �D w L U O O v . . Z v C p U m a LL U City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www•huntingtonbeachca.gov Office of the City Clerk P 11,1999 �. Robin Estanislau, City Clerk August 12, 2020 C.E.M. Construction Corporation 8207 Brookgreen Drive Downey, CA 90240 RE: Central Park Restrooms Ph. 2 —CC No. 1601 Enclosed please find your original bid bond for CC-1601. Sincerely, �4vdJvt4d Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION A NOTICE INVITING SEALED BIDS for the construction of CENTRAL PARK RESTROOMS PH. 2 CC No. 1601 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on May 12, 2020. Due to the COVID-19 pandemic, bids hand delivered, will only be accepted between the hours of 1:00 PM and 2:00 PM, immediately outside of the Civic Center entrance,on the day of bid.Bids will be publicly opened in the same area to allow for social distancing.It is advised that bidders arrive earlier than normal to deliver bids to allow for additional bid processing and acceptance times due to the safety measures described above. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $10.00 nonrefundable fee if picked up, or payment of a $30.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY website at: http://www.huntingtonbeachca.gov/yovernment/departments/public works/Bids/ Open website, then click on "Current Advertised Projects" tab. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. A-1 No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A and B at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: The project consists primarily of the demolition of one existing restroom in Huntington Central Park and the construction of a new Romtec modular restroom at the existing restroom location.Materials for the construction of the new restroom building will purchased from Romtec and be provided by the City. Utilities shall be temporarily capped during demolition and construction and connected to the new restroom. To avoid high summer use, a Notice to Proceed is expected to be issued by September 1, 2020. The engineer's estimate for this project is $175,000. The contract shall allow the Contractor 30 working days to complete the contract. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 3rd day of June 2019, by Resolution No. 2019-28. Attest: /s/Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 SECTION B INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY may reject any proposal not meeting these requirements. The bid shall be filed at the bid reception station outside of the Civic Center with the City Clerk, First Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title and CC Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing,that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the co partnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation,the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. B-1 4. Delivery Of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for CENTRAL PARK RESTROOMS PH. 2 in the CITY OF HUNTINGTON BEACH -DO NOT OPEN WITH REGULAR MAIL DELIVER TO THE OFFICE OF THE CITY CLERK, 2000 MAIN STREET, SECOND FLOOR Proposals may be mailed or delivered by messenger to the location specified in the Notice Inviting Sealed Bids. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the Office of the City Clerk or the bid reception station prior to the bid-opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return Of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. Disqualification Of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder,and while doing so, may also submit a formal proposal as a prime contractors 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. Failure to provide reference information of history of similar work and experience with the bid proposal at the time of bid opening may lead to rejection of such proposal as non-responsive. B-2 10. Listing Of Subcontractors Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one-half of one percent of the Contractor's total bid or$10,000, whichever is greater. 11. Discrepancies And Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions,requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract and shall be included with the proposal. 12. Equivalent Materials Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials unless otherwise specified in the Special Provisions. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms,conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. Award Of Contract The award of contract, if made, will be to the lowest responsive and responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. B-3 15. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed,the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution Of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided,and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re-advertised. 17. Submission Of Bonds And Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. See Appendix F for the City approved Payment and Performance Bond Forms. The Contractor may use any standard form for the Bid Bond. The successful bidder shall provide a certificate stating that the bonding company is admitted to do business in the State of California. This certification may be obtained from the Executive Officer and Clerk of the Superior Court at the following address & phone: Orange County Superior Court Probate Court Operations 341 The City Drive P.O. Box 14171 Orange, CA 92613-1571 (714) 935-6061, Contact Linda C. Wallace Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. B-4 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and may result in its rejection by the AGENCY. 19. Bid Protest To be considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening. (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY. 20. Questions to the Engineer Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.)will be received by the Engineer up to five working days prior to the bid opening as specified in SECTION A. Questions asked of the Engineer after this time will not be addressed. B-5 SECTION C PROPOSAL for the construction of CENTRAL PARK RESTROOMS PH. 2 CC No. 1601 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described,and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 10%of bid in the amount of 10%of bid which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date;Received Bidder's Si"nature 1 4/24/2020 r. C-2 SECTION C PROJECT BID SCHEDULE A CENTRAL PARK RESTROONIS PHASE 2 CC1601 BID ITEMS IfCrll��a ��F�' r �E E. I�l'.4�CYl��IQ11� EEC€' 'n QUAII �� UIIIt Ut11t�CU�' f�yr TUtd);C,OStE N, �`��. :• ; ��. 3-,-�... � :�a ',..� ,.:� t. ...... ....:.,n�Pilr,�., `1 Rt �SrE•, ', Construct ROMTEC Restroom building as indicated on drawings and in specifications. Item includes demolition of existing restroom, utility work, site grading,foundations, concrete slab, abatement as needed, and all other items necessary to complete work. Romtec building materials to be furnished by City. Contractor to provide for secure site including space for building materials,which will become the responsibility of the contractor upon delivery. 1 LS $ 204,875 $ 204, 875 TOTAL BID AMOUNT (BASIS OF AWARD)—SCHEDULE A $ 204, 875 TOTAL BID AMOUNT (BASIS OF AWARD) IN WORDS: two hundred four thousand eight hundred seventy-five Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.it LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR PWC Dollar % of Item(s) Subcontractor License Registration# Amount Contract .Number V 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 30 , at Downey CA Date City State Jesus Eduardo Carrillo , being first duly sworn, deposes and says that he or she is President of CEM Construction Corporation 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. CEM Construction Corporation Name of Bidder Signature of Bidder Jesus Eduardo Carrillo 8207 Brookgreen Rd Downey CA 90240 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CENTRAL PARK RESTROOMS PH. 2, (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. CEM Construction Corporation Contractor Jesus Eduardo Carrillo By President Title Date: 4/30/2020 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. � f 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. CEM Construction Corporation Contractor Jesus Eduardo Carrillo By President Title Date: 4/24/2020 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: CEM Construction Corporation Bidder Name 8207 Brookgreen Rd Business Address Downey CA 90240 City, State Zip 562 ) 533-2224 Estimating@cem-construction.com Telephone Number Email Address 951234 Class: A, B, C-8, C-10, C-12, C-21 State Contractor's License No. and Class 08/16/2010 Original Date Issued 08/31/2020 Expiration Date The work site was inspected by Jesus E Carrillo of our office on April 30 2020 , 201_. The following are persons, firms, and corporations having a principal interest in this proposal: CEM Construction Corporation 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. CEM Construction Corporation Company Name ignature of Bidder Jesus Eduardo Carrillo Printed or Typed Signature C-s NOTARY CERTIFICATE Subscribed and sworn to before me this_day of MAY , 201_ . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Los Angeles ) On May 2020 before me, Claudia Eternity Miramontes Notary Public Month, Day, and Year Insert Name and Title of Notary personally appeared Ji;&'-'/ Cs <A/,./I/L,c.j Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s&A.tre sub cribed to the within instrument and acknowled ed to me tha e s� executed the same i i authorized capacity(ies),and that by�ir signatureW on the instrument the person(s%r the entity upon behalf of which the person(syacted, 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. F-PNIFYMIRAM0771 Notary Public-Cail crnia Z c'Yd Los Angeles C%1:V b Commission#222'gCg My Comm.Expires Dec 12.2C21 Signature n Signature o otary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project. For example, "Public restroom construction in public park including utility work. Assembly of Romtec buildings in public park. Demolition and construction of new, restroom buildings in public park."I. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. City of Bell 6250 Pine Avenue, Bell, CA 90201 Name and Address of Public Agency Name and Telephone No. of Project Manager: Dahi Kim 323-588-6211 $176,180 Restroom Renovation 6/21/17 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: furnishing all traffic control,materials,equipment,tools,labor,and incidentals as required by the contract documents to renovate Treder Park Restroom. 2. City of Inglewood 1 W Manchester Blvd,Inglewood,CA 90301 Name and Address of Public Agency Name and Telephone No. of Project Manager: Boytrese Osias 310-412-5333 $1,398,585.00 Park Improvement 04/06/2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: new playground,concrete footing,pad and sidwalks,repair existing playground,install rubber track with mow curb,install rubber pads in playground,remodel existing restrooms 3. JWCH INSTITUTE,INC 5650 JILLSON STREET COMMERCE,CA 90040 Name and Address of Public Agency Name and Telephone No. of Project Manager: Leslie Jordan 323-201-4516 $380,501.45 improvement of a residential treatment facility 12/3/17 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: ADA compliant restroom/shower C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. Emigdio Carrillo Name of proposed Project Manager Telephone No. of proposed Project Manager: 562 708-0016 Phil and Nell Soto Park Construction Project Construction of a new neighborhood park 3/30/2020 Project Name & Contract Amount Type of Work Date Completed Steep Canyon and Pantera Drive Park Trail Develop new trial up mountain —05/17/2017 Project Name & Contract Amount Type of Work Date Completed IRWINDALE-IRWINDALE PARK PHASE III Park Improvment On Going Project Name & Contract Amount Type of Work Date Completed 2. Jesus Eduardo Carrillo Name of proposed Superintendent Telephone No. of proposed Superintendent: 562 708-3586 2017 Sibrie Park Improvement Park Improvement Project 7/13/2018 Project Name & Contract Amount Type of Work Date Completed Center Park Improvement Park Improvement 04/06/2018 Project Name & Contract Amount Type of Work Date Completed Zacatecas Park Park Improvement 05/05/16 Project Name & Contract Amount Type of Work Date Completed C-1 1 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:Hefiling.dir.ca.gov/PWCR/ActionServiet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https:Hefiling.dir.ca.gov/PWCRJSearch.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. CEM Construction Corporation Contractor Jesus Eduardo Carrillo By Estimating@cem-construction.com Email President Title Date: 4/24/2020 PWC Registration #: 1000000805 C-12 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK RESTROOMS PHASE 2, CC1601 in the CITY OF HUNTINGTON BEACH APRIL 24, 2020 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) SHEET A2 of the PROJECT SPECIFICATIONS Delete the last sentence of the first paragraph of the"project description"section indicating that NTP is expected on September 1, 2020. There is no expected delay for NTP for this project. This is to acknowledge receipt and review of Addendum Number One, dated April 24, 2020 CEM Construction Corporation Jesus E Carrillo Company Name By 4/24/2020 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. AIA Document A31 0TM - 2010 Bid Bond CONTRACTOR: SURETY: (.,Vale, legal vaius wlil addre,Ys) (;\-'anx:, le,,nl slafus ewid principal place C.E.M.Construction Corporation of business/ 8207 Brookgreen Dr. Merchants Bonding Company(Mutual) Downey,CA 90240 P.O.Box 14498 This document has important legal Des Moines, IA 50306-3498 consequences.Consultation with OWNER:. an attorney is encouraged with respect to its completion or Fr1 cane. legol srnlri.s awl oehh-ess;l modification. CITY OF HUNTINGTON BEACH 2000 MAIN STREET, Any singular reference to Huntington Beach,CA 92648 Contractor,Surety.Owner or BOND AMOUNT (10%)Ten percent of the attached bid amount other party shall be considered plural where applicable. PROJECT: .'arne, locglibn or address. anti Project number, it at>iy CENTRAL PARK RESTROOMS PH. 2 Project plumber,il'any: 1601 The Contractor and Suretv 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 iflhe 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(I)enters into a contract with the Owner in accordance with the terms of such bill;and(6v s such bond or bonds as may he specified in the bidding or Contract.Documents,with a surety admitted in the-jurisdiction of the.Project and otherwise acceptable to the Owner.. for Lhe faithful perfonuance of such.Contract and for the prompt payment.of'labor and material furnished in the prosecution theret�f;or(2)pays to the Owner the difference,not to exceed the am.otnt of this Bond,between the amount specified in said bid and such lar«er amount for which the Owner May in t,.00d faith contract with another party to perform the vr'ork covered by said bid,then this obligation.shall be null and void,otherwise to remain in full force and effect.'File Surety hereby-waives any notice of an agreement between the 0w,uer and Contractor to extend the time in which the Owner may accept the bid. Wainer of notice by the.Suret"•shall not apply to any extension exceeding sixty(60)days in the aggrc,atc beyond the time for acceptance of bids spccif icd in:the bid documents,and the Owrler 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 tern,Contractor in this Band shall be deemed to be SUbcuntractur and the lerrn 0w-ner shall be.deeined to be Contractor. When this Bond has:been furnished to comply with a statutory or other legal requirement in the location ofthe Project. any provision in this Bond conflicting with said Stattnory or legal requirement shall be deemed deleted herefrom and provisions c0111701-uting to such statutory or other legal recluirenlent shall be deemed incorporated herein. When so furnished;the.inteni is that this Bind shall be consumed as a statutory bond and not as a common law bond. Signed and scaled this 29th day of April, 2020 � / C.E.M.Construction Corporation V - _._..-.... (Prnzc�ipa _ (Seal)(fCrinesgj 1�G� CAru, Kd ..... �� rile Merchants Bonding Company(Mutual) ehC/u ` `'� all r 1I unless) Lisa Pellerito (TiNc.l Vanessa Copeland, Attorney-In-fact AIA Document A310--2010.Copyright %1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WAR iNG:this AW [nit. Docwn.ont is protected by U.S.Copyritht t..avr and intern,ationat Treat;es.Unak thorizea repmduction or dihtr@bution<:•f th e AIA`'DCCunteo,Ur ally portion of it;r.'i:+y result in severe civil and criminal senAties,ami will be pr'^se*_,.,ted to the nnasi;num extent pos=fble wider the law.This / document was created on 01/2712012 07:23,12 under the terms of AIA Documents-en-Demand'"'order no. 2008397483,and is not for resale.This document is licensed by The American Institute of Architects for one-time use only.and may not be reproduced orior to its completion,mi i,o CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 %\`'%\%\n n'nv/�/v/���f\n A n'�^n n n,n`✓v✓V`✓V✓V.!\I`./V`✓\/`./v`✓`✓`.lV`./V`✓V`./\/`./V✓ .!`✓`✓ !V`✓✓`✓\/`J\/`.L\!`✓V`J\/`JV`./V`✓`✓`✓V`JV`✓V✓V\/V\. A notary.public or other officer completing this certificate verifes only the identity ofthe,iiidiv dual who signed the document to which this certificate is attached and not the truthfulness, accuracy,or validity of that document. State of California ) County of Orange ) On 1 44 2cl before me, Natassia Kirk-Smith .Notary Public, personally appeared Vanessa Copeland Naine(s)of Siper(s) who proved to me on the basis of satisfactory evidence to be the person(-&) whose name(s) is/are subscribed to the within instrument and. acknowledged to me that he/she/they executed the same in his/her/tiretr authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(-&), or the entity .upon behalff of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing NATASSIA KIRK SMITH paragraph is true and correct. Notary Public•California = Orange County Commission N 2253818 WITNESS my hand and offici e 1. My Comm.Expires Aug 12,2022 Signatu : Signature oY -Public Place',Notar_y Seal�Uove OPTIONAL Though the information below is not required by law,it may prove valuable to.persons relying on the document and could present fraudulent and reattachment of this form to another document Description of Attached.Document Type or Title.of Document: Document Dater Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Capacity(ies) Claimed by Signer(s) Signer's Name: Vanessa Copeland Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner: ❑Limited ❑ General ❑ Partner: ❑Limited ❑ General ® Attorney in'Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ (Other: Signer Is Representing:, Signer Is Representing: \'�^�%\�rn•N`%\V/4�,'N`�n✓/\n✓^nV^nJ/`�/\� \nnn1�'^�A%\n%Al\�n.'�/\i\��^���'%`.'^i\%\/:/\�h%\n%�i\hr n%h�%\nnn�^r�.nn���`h`✓^^.: Rev. 1-15 M E RC HAN T BONDING COMPANY- POWER OF ATTORNEY Know All Persons By These Presents,that.MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Eric Lowey;Jennifer Grenrood;Kevin Cathcart;Mark Richardson, Michael Castaneda;Teresa I Jackson;Vanessa Copeland their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds; undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the.Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 4th day of March 2020 ' .10N - •. Po A��� • •���NG CQ,hA MERCHANTS BONDING COMPANY(MUTUAL) ;�h:•VO� R9� ;Zs �4GO�P�'�9� 9y�� MERCHANTS NATIONAL BONDING,INC. 2003 0CD �tzi �'2 1933 B v• :y. y d�••. .......... ��.� ` d�. ... ..1a�. �esrdent STATE OF IOWA ""•"" • COUNTY OF DALLAS ss. On this 4th day of March 2020 before me appeared Larry Taylor, to me personally known, who.being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING; INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies,and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. 4�.?.Ik0 POLLY MASON z ,o o, p Commission Number 750576 My Commission Expires /ov,,P • January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set.my hand and affixed the seal of the Companies on this 29th day of April 2020 A(IONA4 e; ,•gip. ....�CD ...4zispop . Q�jA•. z:2 -o- o:O� :2 -o- 2003 = y 1933 :c; Secretary POA 0018 (1/20) """ _x,'���„.x.K..,5�. .s,'s. .,. �"�"`�*,,,,>� .• _..: �,� :kr,2,� `�s=!�,,.h:. dr ,ate:, ,.��t "� _,7t .,a. .,:,..d,A'•'. v Y:t._ �.a�c•. 'h' >.,. ,n.... � .. .f.&,,, ._ ,. +.�.: �°..R. �:..: a,, t�n.a.•.,e�� +�.e,4 ,,;,$#p,e ::,wye'"�°'�>�.� ,.��a ��'',d..�'�z {4,�,.i � i�,kf„ :SPn S w 3�e.. f w, �".}.a..,,�,`i�' ±v, � .c*�'� r.��r...4 S �z`F w;.?. �3y;h,;xe�, .. ?N� n.�y,'P�`"3n�:;m',t:� ��?{�p"�y.�; �a•:»A :,:,:. r Y ) n,. >t ..,h. ..-? ) W�.� k 7�e,x. -,5 Rom, :�3�.,,: P...s ,s #> 's .;. .x., ,.. a,, �,_�.;� ..,.n-.: ,ur� , «_ � ,.. � m K., � >;•�ns•. -.:. � `G �.,� t r Y� "�} t, t, �up � ... .fix "F..,,,. �... "a't-�,:"tt .r v.,. qA '&!. � {, 'f"{-_.� s £: �"+n�,t,'z?�v-t9.✓"4 t. <.i r,€ �€= r.k�,:s;:"{. =�.4.'e � #t�'`, .:t- za �.:_ ... r�� :.any a}' ,� S. r•�' � w�°`�-, ,� �. �fl��rxsa> ��,r�Snt�r� .wi; i � <;xx, ..�:4,>tir'c'kt, _} .,razyx,,, ^„ , „43yk:,. ,; �a r;.'-;:F"- # �:yti z "��. ',�tr v �?'": �'[�bM .�-✓�; .,t. 3 "4 :,Ci w27 , . zr (O00 Uj _ N m — N N a w .rt a Q f0 .�,, >. LJ U d U vi o . I-- +_� +, N W zCC U c/) v _O rn co a w U = Q L "a O L MO z C 0� L U Gw YR. QJ co F- I- U o U O p m N o v 4-J O 4A W O p LL v N Y O U � ^ o O � o TM DC 00 z Q w . 2 a O U w �z Q O � r W u t l q. 4. City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ wvvw.huntingtonbeachca.gov FB•!I,1999 P � Office of the City Clerk Robin Estanislau, City Clerk August 12, 2020 GEM Construction, Inc. 3535 Farquhar Ave. #2 Los Alamitos, CA 90720 RE: Central Park Restrooms Ph. 2—CC No. 1601 Enclosed please find your original bid bond for CC-1601. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of CENTRAL PARK RESTROOMS PH. 2 CC No. 1601 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described,and to furnish all labor,material,equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-t 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 10% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received 1 4/24/2020 C-2 SECTION C PROJECT BID SCHEDULE A CENTRAL PARK RESTROONIS PHASE 2 CC1601 BID ITEMS Item Description Quantity Unit Unit Cost Total Cost No. (Extension) Construct ROMTEC Restroom building as indicated on drawings and in specifications. Item includes demolition of existing restroom, utility work,site grading,foundations, concrete slab, abatement as needed,and all other items necessary to complete work. Romtec building materials to be furnished by City. Contractor to provide for secure site including space for building materials,which will become the 178,827.93 178,827.93 responsibility of the contractor upon delivery. 1 Ls $ $ TOTAL BID AMOUNT (BASIS OF AWARD) —SCHEDULE A $ 178,827.93 TOTAL BID AMOUNT (BASIS OF AWARD) IN WORDS: One Hundred Seventy Eight Thousand, Eight Hundred Twenty Seven Dollars and Ninety Three Cents Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR PWC Dollar % of Item(s) Subcontractor License Registration# Amount Contract Number I� 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 Los Alamitos CA Date City State Harry Muradyan , being first duly sworn, deposes and says that he or she is President of GEM Construction,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. Harry Muradyan Name of BjdoW Signature of Bidder 3535 Farquhar Ave Suite#2, Los Alamitos, CA 90720 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CENTRAL PARK RESTROOMS PH. 2, (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. GEM Construction, Inc. Contractor Harry Muradyan By President Title Date: 5/11/2020 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ■ No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. GEM Construction, Inc. Contractor Harry Muradyan By President Title Date: 5/11/2020 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Harry Muradyan Bidder Name 3535 Farquhar Ave Suite#2 Business Address Los Alamitos, CA 90720 City, State Zip (562 ) 270-9331 harry@gemco.la Telephone Number Email Address 982458 B,A State Contractor's License No. and Class 04/03/2013 Original Date Issued 06/30/2022 Expiration Date The work site was inspected by Harry Muradyan of our office on , 201_. The following are persons, firms, and corporations having a principal interest in this proposal: Harry Muradyan 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. GEM Con , Inc. C i afore of Bidder Harry Muradyan Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this jCday of Ply , 20'&2C; A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of, , ? County of ) On Y' before me, Montl Day, an`d�Year Insert Name and Title of Notary ITU L personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name(o(bs are subscribed tg the within instrument and acknowledged to me that -e)sVe/thq� executed the same in ii q/Mr authorized capacity(iQ),and that by is r/thkr signature(§4 on the instrument the person(j, 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. BAMBI R.STUBBE X WITNESS my hand and official seal. U COMM.#2308514 NOTARY PUBLIC-CALIFORNIA 0 X ORANGE COUNTY My Comm.Expires Nov.8,202,3 �7 Signatur J �.,a�A Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project. For example, "Public restroom construction in public park including utility work. Assembly of Romtec buildings in public park. Demolition and construction of new restroom buildings in public park."). Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: l. City of Huntington Beach Name and Address of Public Agency Name and Telephone No. of Project Manager: Joe Fuentes(714)536-5259 $76,732.22 Romtec building construction 06/2017 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Romtec Building at Sports Complex 2. City of Huntington Beach Name and Address of Public Agency Name and Telephone No. of Project Manager: Gabriella Golik Garry,(323)221-9944 ext.200 $90,482 Romtec restroom construction 7/2017 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Romtec restroom construction at Worthy Park 3. Desert Recreation District,45-305 Oasis Street,Indio,CA 92201 Name and Address of Public Agency Name and Telephone No. of Project Manager: Erik Honour,(760)ass-7429 $141,000.00 Romtec restroom construction 01/31/2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Romtec restroom construction in North Shore Park,structure model Sierra III MU. Location:North Shore Park,99480 70th Avenue,Mecca,CA 92254 C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. l Harry Muradyan Name of proposed Project Manager Telephone No. of proposed Project Manager: (562) 270-9331 Lake Calavera Restroom Installation, Romtec building construction 12/23/16 Project Name & Contract Amount Type of Work Date Completed 18692&18693 wllacre Park Restroom&Utility Building, Romtec restroom construction 10/31/1 7 Project Name& Contract Amount Type of Work Date Completed 18771—North Shore Park, Romtec restroom construction 01/31/2018 Project Name&Contract Amount Type of Work Date Completed 2. Harry Muradyan Name of proposed Superintendent Telephone No. of proposed Superintendent: Same as Above Same as Above Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name& Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 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-6.3 0.14.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:Hefiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. GEM Construction, Inc. Contractor Harry Muradyan By harry@gemco.la Email President Date: 5/11/2020 Title PWC Registration#. 1000040034 C-12 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/DL SE/PublicWorks/S B 854FactSheet_6.3 0.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https:Hefiling.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. GEM Construction, Inc. Contractor Harry Muradyan By harry@gemco.la Email President Date: 5/11/2020 Title PWC Registration #: 1000040034 C-12 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK RESTROOMS PHASE 2, CC1601 in the CITY OF HUNTINGTON BEACH APRIL 24,2020 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) SHEET A2 of the PROJECT SPECIFICATIONS Delete the last sentence of the first paragraph of the"project description"section indicating that NTP is expected on September 1,2020.There is no expected delay for NTP for this project. This is to acknowledge receipt and review of Addendum Number One,dated April 24,2020 GEM Construction,Inc. 6��N'� Li��i,yj� Company Name By 5/11/2020 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. B ON D EXCHANGE BID BOND ENCLOSED TO: GEM Construction, Inc. PROJECT OWNER: City of Huntington Beach PROJECT DESCRIPTION: CENTRAL PARK RESTROOMS PH. 2 BID DATE: 5/12/2020 Dear valued client, Enclosed you will find the above noted bid bond, as requested. WE STRONGLY RECOMMEND THAT YOU CAREFULLY REVIEW ALL ENCLOSED BID DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, THE DATES, AMOUNTS, JOB DESCRIPTION, PROJECT NUMBER, SIGNATURES, SEALS, NOTARY ACKNOWLEDGEMENT, AND POWER OF ATTORNEY AS WELL AS ANY ADDITIONAL ATTACHMENTS, TO AVOID THE POSSIBILITY OF HAVING A BID REJECTED DUE TO AN ERROR BEING MADE IN THESE DOCUMENTS.Additionally, please double check that the bid bond form is in fact the one required by the Obligee and be certain to execute the bid bond with the proper signature(s) and seal(s). Please note that the approval of the enclosed bid bond may be forthcoming, as we are often required to release them prior to the underwriter's formal consent, as a means of having the bond delivered to you expeditiously. In addition and, upon approval, the bid bond authorization is based upon your original job/engineer's estimate provided upon requesting the bid bond therefore, SHOULD YOUR BID AMOUNT EXCEED THIS ESTIMATE BY 10% OR GREATER, PLEASE CONTACT US FOR PROPER APPROVAL AND CLEARANCE OF THE ESCALATION. BEST OF LUCK TO YOU! Please be certain to send the bid results to bond@bond911.com or by fax to (949)461-7725, promptly following the bid. Bidders: LOW BIDDER: $ 2ND BIDDER: $ 3RD BIDDER: $ If you did not place in the TOP 3 Bidders,please indicate $ where you placed,and your bid amount. Should you be low bidder and the spread between your price and the second bidder exceed 10%please forward a bid spread explanation letter as required by the Bonding Company..Thank you very much and we apologize for the inconvenience. 1AIA Document A31 0TM - 2010 Bid Bond No;N/A Bid:Bond CONTRACTOR: SURETY: rime,legal status and address) (Afame, legal status and principal place GEM Construction, Inc. of business)The Ohio Casualty Insurance Company 3535 Farquhar Ave#2 175 Berkeley Street Los Alamitos, CA 90720 Boston,MA 02116 This document has important legal consequences.Consultation with OWNER' an attorney is encouraged with (I+rante.aeszcrlstahts afid�address) respect to its completion or modification. :City of Huntington Beach 2000 Main St. Any singular reference to Huntington Beach,.CA 92648 Contractor,Surety.Owner or BOND AMOUNT-.'Ten Percent of theTotal Amount Bid (10%of Bid Amount) other party shall be considered plural where applicable. PROJECT: CENTRAL PARK RESTROOMS PH.2 ('game,location or address„and Project number, if any) Project Number,if any:CC No. 1601 The Contractor'.and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Suretybind 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 vttthin the time`specified to the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(I)enters into a contract with the Owner in accordance with the terms of such bad,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted : to 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 gpod faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,othef vrise to remain in full force and effect.The Surety hereby waives any notice of an agreement betv�een the':Ouaier and Contractor to extend the time in which the Owner may accept the bid.Waiver of nattoe:bv the SuretV shalt not apply:to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified fn 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 he deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any prcwtsiori`in.thls Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforining to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished the iiiten is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 8th day of May 2020 GEM Construction,Inc. (Principal) (Seal) (Yd iYness) _ (Title) The Ohio Ca I suranc Corn an — .. ..._.._ -- -..............--- `' Surey j (Sea!) (Witness) _ s (Tile)'Ilen Luong, tor y-in-Fact ems' AIA Document A310TM—2010.Copyright©1963,1970 and 2010 by The American InsV to of Architects.All rights reserved-WARNING:This AIO loll. Document is protected by U.S.Copyright Law and International Treaties,unauthorized reproduction or distribution of this A10 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This t document was created on 01/27/2012 07:23:12 under the terms of AiA Documents-on-Demand-order no. 2008397463.and is not for resale.This document is licensed by The American Institute of Architects for one-time use only,and may not be reproduced nrior to its comoletion.eantn CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange MAY 0 8 2020 On before me, Robyn R. Kargari Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Irene Luong Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) A OF ROBYN R.KARGARI acted, executed the instrument. C14COMM.#2296844 XI certify under PENALTY OF PERJURY under the laws of -® o NOTARY PUBLIC-CAUFORNIA X CC ORANGE COUNTY Cn the State of California that the foregoing paragraph is true `9QF�"" MY COMM.EXP.JULY 13,2023 and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signat of N ary Pu lic Robyn R. Kargari 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 the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee OF ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Libel Liberty Mutual Insurance Company Mutual® The Ohio Casualty Insurance Company Certificate No: 8202900-986938 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Emilie George;Irene Luong;James W.Moilanen;Yung T.Mullick;P.Austin Neff all of the city of Oakland state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 13th day of January 2020 Liberty Mutual Insurance Company P�INSU� P,ZY INS& tNSURq The Ohio Casualty Insurance Company �J ooaPop" 1C, yJ °oRPORaT�y -C, oy ORgr yc, West American Insurance Company a -,O " w 2 FO m rn 1912 a 1919 1991 N 41 s CU dj19sS4CHU .da ZO HAMPsa�a Y' /HpIANP a /fir( r � s�T * ti� �yl * ��a s�,M * *�a By. r`a David M.Carey,Assistant Secretary a co State of PENNSYLVANIA ss a� :County of MONTGOMERY ro w On this 13th day of January 2020 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance O -m Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes m CO aa)c> therein contained by signing on behalf of the corporations by himself as a duly authorized officer. m LU — IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. c CL �. o0 ru N N SN PAST ` �!p tp°NWF ¢`` COMMONWEALTH OF PENNSYLVANIA Q 60 Notarial Seal p N OF Teresa Pastella,Notary Public C Upper Merlon Twp.,Montgomery County By: E My Commission Expires March 28,2021 Teresa Pastelfa,Notary Public O ca IN L N 4 Member,Pennsylvania Association or Notaries d O RY tO m -tc:7!)2 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual f Cr) E-S Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: O ai 62 ARTICLE IV—OFFICERS:Section 12.Power of Attorney. m Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the-n President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >� M C any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall t� o have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed,such E c� Z L) instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under the CO provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. o 00 ARTICLE All—Execution of Contracts:Section 5.Surety Bonds and Undertakings. L)cfl Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, t— shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manualiy affixed. 1, Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 8th day of May 2020 P� 1NSU POSY INS& d%NSUR, j2°°aoo�yrcL�c^ eJavo�r�'Pgy� �P=°avo�r0 0 1912 a 1919 1991 c s v o a o yo�,Hl A.Ps -41 AD r0 010" By Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 12/19 No. 5133-4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY,That,pursuant to the Insurance Code of the State of California, The Ohio Casualty Insurance Company of New Hampshire,organized under the laws of New Hampshire,subject to its Articles of Incorporation or other fundamental organizational documents,is hereby authorized to transact within this State,subject to all provisions of this Certificate,the following classes of insurance: Fire,Marine,Surety,Plate Glass,Liability,Workers'Compensation, Common Carrier Liability,Boiler and Machinery,Burglary,Credit, Sprinkler,Automobile and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any,of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable,and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 19'h day of March, 2013,I have hereunto set my hand and caused my official seal to be fixed this 19"day of March, 2013. Dave Jones Insurance Commissioner By Valerie J.Sarfaty for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate ofAuthority.Failure to do so will be a violation oflnsurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. )) r � � a s e trS,r � 4 a"`�Y� '� '��rt;tirrS- �� b•�s e p��" a y?���° '�'-a'S ;P �r,� t` '�l2 14 fs��"`"'i ..a a w<�w,�" '`�.� :.�.5 Ar r � wt GEM Construction Inc. Central Park Restrooms PH. 2 k x 5 CC No. 1601 :. E�ft x u � i "%k Yfr3 kt rfa i W at t i r j r',Sya.r�r G 5y,§ i .- €"? + a' ,• ,• .+h y 9i r r t5 a- 'x«tt 3 v; r ^. > - `srI �,;ig 41 V� Jb .g`6. .� 36, ys2..� F� V 2: 4 rn i,� ' f s ��' 0�34",�e R $;^, ,. +f a�-a e s,R t� ,�s�'� urn r' 3£'r r r,�i' i r#� a�ss s f N+'b` e t a •'•7r '' '' nu srsP'4f " c Zr'^�:q�, t x sr '"`'tR.x'� A}�F?� ,' s,. °�`�` s, 3+h 4y4y �`'$� N ''+utg I r a `",tti }' xt't F '.,y fiV� ""c P�✓ r J�.�$ �. t f a.�.., a r ry 1 }g n � a f Y � r f �1`4 a #t� '�A 6'^�'""'`p{ 1 '�"`�3t� I''a. �`✓# t MW I+' #" {N }N '2'y ,.: `%R G +a i` t Y „gs ,fj'y p n °S a},.r'af� �g 3 x'. ,y 4 - t — r` xv- � 'S b�rA i ,,�y ,� a S + r 3 'nx'i"'#"at c^ s m�, t x r2� e a tt t x t + M2, oa r `i-� a , - sc '"' L.$' r +• ,r-s„^ i 5 sr .i City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk 17;1999 Robin Estanislau, City Clerk August 12, 2020 Harbor Coating and Restoration 3943 E. Donna Ave. Orange, CA 92869 RE: Central Park Restrooms Ph. 2 —CC No. 1601 Enclosed please find your original bid bond for CC-1601. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of CENTRAL PARK RESTROOMS PH. 2 CC No. 1601 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described,and to furnish all labor,material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find bid bond in the amount of$17,273.00 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 1 April 24, 2020 C-2 SECTION C PROJECT BID SCHEDULE A CENTRAL PARK RESTROOMS PHASE 2 CC1601 BID ITEMS Item Description° Quantity Umt: Umt Cost TotalCo'st } Otenii6i)il Construct ROMTEC Restroom building as indicated on drawings and in specifications. Item includes demolition of existing restroom, utility work,site grading,foundations, 1 concrete slab,abatement as needed,and all other items necessary to complete work. Romtec building materials to be furnished by City.Contractor to provide for secure site including space for building materials,which will become the responsibility of the contractor upon delivery. 1 Ls $172,730.00 $ 172,730.00 TOTAL BID AMOUNT (BASIS OF AWARD)—SCHEDULE A $ 172,730.00 TOTAL BID AMOUNT (BASIS OF AWARD) IN WORDS: One Hundred Seventy Two Thousand, Seven Hundred Thirty Dollars Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR PWC Dollar % of Items) Subcontractor License Registration# Amount Contract ^ll �11 Number 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 on5/11/2020, at Orange CA Date City State Mahmoud Merzi , being first duly sworn, deposes and says that he or she is Owner of Harbor Coating and Restoration 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. Mahmoud Merzi Name of Bidder Signature of Bidder 3943 E. Donna Ave., Orange CA 92869 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CENTRAL PARK RESTROOMS PH. 2, (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. Harbor Coating&Restoration Contractor By Mahmoud Merzi,Owner Title Date: May 11,2020 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 M 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. Harbor Coating and Restoration Contractor By Mahmoud Merzi, Owner Title Date: May 11,2020 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Harbor Coating&Restoration Bidder Name 3943 E. Donna Ave Business Address Orange CA 92869 City, State Zip ( 760 ) 500-9264 HarborCoating@gmail.com Telephone Number Email Address 473853 A,B, C33, C61,D06, D12,D39 State Contractor's License No. and Class 1985 Original Date Issued 06/30/2020 Expiration Date The work site was inspected by Mahmoud Merzi of our office on , 201_. The following are persons, firms, and corporations having a principal interest in this proposal: Harbor Coating&Restoration Mahmoud Merzi, Owner 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. Harbor Coating&Restoration Company Name Signature of Bidder Mahmoud Merzi Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this 1 lth day of May 20 20. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On May 11,2020 before me, F. Gina Awkal Month, Day, and Year Insert Name and Title of Notary personally appeared Mahmoud Merzi Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. COMM. #224 949 z 0 Notary Public-California o z w Orange County NIX Comm.Ex fires Ma 3,2022 Signature � . Go, k'�� Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project. For example, "Public restroom construction in public park including utility work. Assembly of Romtec buildings in public park. Demolition and construction of new restroom buildings in public park."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. 1 E Mark� A. Gog &ac� Name and Address of Public Agency Name and Telephone No. of Project Manager: ChjnCk lla ' q _1TQ3- -3513���_ u0 :�VICWR I �i� i Ve md+ W Contract Amount e of Work Date Completed ovide additional pr ject descr' do to s ow s' filar yYor N 2. quo Name Ind Address of Public Agency Awn Name and Telephone No. of Project Manager: tt bedt�Q 31 ' 0 Contract Amount Type k Work Date Completed P ovid additional project desch ton to sho sim r wo : VineC k � Jaw 3. C' � � z Nam and Address of Pu lic Agency CA Name and Telephone No. of Project Manager: 000 Contract Amount Type of Work Date Completed P ovide dditio al r ject desc iption to s ow similar wo Ot ll- n OfA r . C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. Name of proposed Project Manager Telephone No. of proposed Project Manager: 5()D- Cofoofay. U� �I I, U re %-Am A� Zo Proje&Name & Contract Ainount Type of Work Date Completed C& k�Lk�&) U6,nq $ $6, 500 .U)� — Proje t Name & Contract Amo nt Type of Work Date Completed k-qmv C% �Ua �Ufklfi 14kW\ �6 Ono ILAOJ 19 Proje t Name & C ntract Amount Type of Work Date Completed Name of proposed Superintendent 77__ Telephone No. of proposed Superintendent: I� �bI MVJ Proje t Name & Contract A ount Type of Work Date Completed 0 1`1 Proje t Name & Contract Amouid Type of Work Date Completed IIA A qt � (� Project Name & C ntract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations(DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link—Call(844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayP WCRegistrationForm DIR's Contractor Registration searchable database: https:Hefiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Harbor Coating& Restoration Contractor By HarborCoating@gmail.com Email Mahmoud Merzi,Owner Title Date: May 11,2020 PWC Registration#: 1000059509 C-12 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK RESTROOMS PHASE 2, CC1601 in the CITY OF HUNTINGTON BEACH APRIL 24, 2020 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) SHEET A2 of the PROJECT SPECIFICATIONS Delete the last sentence of the first paragraph of the"project description"section indicating that NTP is expected on September 1, 2020.There is no expected delay for NTP for this project. This is to acknowledge receipt and review of Addendum Number One, dated April 24, 2020 r GA cold ✓ mpany Name aa p y �a 1'I�uU �Z�, DW�Qr Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we (Here Insert full name and address or legal title of Contractor) Harbor Coating and Restoration 3943 E.Donna Avenue,Orange,CA 92869 as Principal,hereinafter called the Principal,and (Here insert full name and address or legal title of Surety) The Ohio Casualty Insurance Company 790 The City Drive#200,Orange,CA 92868 a corporation duly organized under the laws of the State of,as Surety, hereinafter called the Surety,are held and firmly bound unto (Here insert full name and address or legal We of Owner) City of Huntington Beach 20 Main Street,Huntington Beach,CA 92648 as Obligee,hereinafter called the Obligee,in the sum of Ten Percent of amount bid Dollars($ 10%of amount bid), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,our heirs, executors,administrators,successors and assigns, jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for (Here insert foil name, address and description of project) Central Park Restrooms PH.2 NOW THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and suffiaent surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bonds or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 1 lth day of May,2020 Harbor Coating and Restoration (Princio) (Seal) (Witness) �, The Ohio Casualty Insurance Company (Seat) (witness) � �- Andrew Sysyn (ntle) Attorney-in-Fact ALA DOCUMENT A310-BID BOND-AIA®-FEBRUARY 1970 ED-THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C. 20008 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 r cwzrn r rr ------ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On 5/11/2020 before me, Maria Sysyn, Notary Public Date Here insert Name and Title of the Officer personally appeared Andrew Sysyn Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph MARIASYSYN is true and correct. a = Notary Public•California Orange County WITNESS my z hand and official seal. z Commission k 2311715 ' «•"� My Comm.Expires Nov 7,2023 Signature Signature f Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment.of.this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: 'Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's.Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner —' ❑Limited ❑General ❑Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association -www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LibertX Liberty Mutual Insurance Company mutual. The Ohio Casualty Insurance Company Certficate No: 8198132 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Pamela Goetsch,Andrew Sysyn all of the city of Huntington Beach state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 7th day of December , 2018 Liberty Mutual Insurance Company INSU,Q o'l INSU INSU. The Ohio Casualty Insurance Company �JPoo"POR+>9�c+ y�PooaPOR,,.�y 4P°o11 y� West American Insurance Company >: J3 Fof° Q3 Fon � 3 Fot� N 1912 0 1919 1991 0 /n" Cn Co d� `T4CHUS�.da C• HAMP`�a aa� `!s �NDIANP da r CCC C N &h * �� �yl * ti� �M * 1 By: rn David M.Carey,Assistant Secretary n State of PENNSYLVANIA >. County of MONTGOMERY ss � � c a) On this 7th day of December 2018 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 0 2 Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. L)Lu a IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. c CL o.(n PAST c� O N4et;,°Nt�F��, COMMONWEALTH OF PENNSYLVANIA Q O ' Notarial Seal /f\ O C w .` F Tares Paslella,Notary Public I v CU p Upper MerionTwp.,Montgomery County I By:�!C ro b tyk'z My Commission Expires March 28.2021 3 E svlvl eresa Pastella,Notary Public C o m Nrty Member,Pennsylvania Association or Notaries ll.O E y O (u This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual E) o.1 Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o aa) 6 ARTICLE IV-OFFICERS:Section 12.Power of Attorney. o Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the-ffi) a >, President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >o Co � any and all undertakings,bonds,recognizances and other surety obligations.Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall s N > a) have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed,such °D z0 instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the M provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. o 0 ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. L)— Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, I.- 0 shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 1 lth day of May 2020 INsu"? -1 INSU d 1NSUo? jp c°aro�r Cl yJp o°µroar Qyy VP`°NPORy qy� 3 b Rt �Q 3 Fo C, W 1912 o c 1919 n 2 1991 "'t� : o a B y. d���SncN05�ada Z°�tigMPS`' aa� �s �NDInNP da Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 062018 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On W before me, F. Gina Awkal, Notary Public 11^, ` (insert name and title of the officer) personally appeared m(�V m� ftur'l who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. AWKAL WITNESS my hand and official seal. F.GIN#COMM. #224092240949 z Notary Public-California z n Orange County �n M Comm.Expires Ma 3,2022 Signature �. lL'�' � (Seal) O O a w O U W H W a N A O W N A 00 W o O x U A U w O H 0 O U Q U W -o cn d�1D O City of Huntington Beach T; 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov FEB,;; 1909;p Office of the City Clerk Robin Estanislau, City Clerk August 12, 2020 Leonida Builders, Inc. Attn: Kelly Orellana 13851 Santa Ana Ave. Fontana, CA 92337 RE: Central Park Restrooms Ph. 2 — CC No. 1601 Enclosed please find your original bid bond for CC-1601. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of CENTRAL PARK RESTROOMS PH. 2 CC No. 1601 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described,and to furnish all labor, material,equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and ,, void. Accompanying this proposal of bid, find Bid Bond in the amount of it&q�f,phich said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder'.v Si nature 1 05/07/2020 /rf►rrrrt�����\ C-2 SECTION C PROJECT BID SCHEDULE A CENTRAL PARK RESTROONIS PHASE 2 CC1601 BID ITEMS a ,h'. � ,, e*e.;'^'..:, e 1 ✓r ems` k - '4 ,x.: ^' fa'' a y.: s. ` a F\3,v"' z ;Item Construct ROMTEC Restroom building as indicated on drawings and in specifications. Item includes demolition of existing restroom, utility work, site grading,foundations, concrete slab,abatement as needed, and all other items necessary to complete work. Romtec building materials to be furnished by City.Contractor to provide for secure site including space for building materials,which will become the 186,942.00 responsibility of the contractor upon delivery. 1 _S $186,942.00 $ TOTAL BID AMOUNT (BASIS OF AWARD)—SCHEDULE A $186,942.00 TOTAL BID AMOUNT (BASIS OF AWARD) IN WORDS: One hundred eighty-six thousand nine hundred forty-two 1/100--------------------------------------- Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR PWC Dollar % of Item(s) Subcontractor License Registration# Amount Contract Number Electrical Advance Lighting and Electric Inc 981608 C-10 $15,000.00 8% Work PW-LR-1000459575 6305 Corona Ave. Bell, CA 90201 Surveying Pacific land Surveying, Inc. N/A 1000042508 $2,000.00 1% 1040 S.MOUNT VERNON AVE SUITE G-165 COLTON CA 92324 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 05/11/2020 at Santa Clarita CA Date City State Panagiotis Leonida , being first duly sworn, deposes and says that he or she is President of Leonida Builders, Inc. the party making the foregoing bid that the bid is not made in the interest of,or on the behalf of,any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the bid are true;and, further,that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Leonida Builders, Inc. NameBi Signer 15821 Live Oak Springs Canyon Rd. Santa Clarita CA,91387 Address of Bidder C} _ C-4 CALIFORNIA JURAT GOVERNMENT CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Subscribed and sworn to(or affirmed) before me on this // day of / " t 1 , 20 J O, by Date Mfo �h Year KELLY YANIRA ORELLANA Notary Public-California ? Los Angeles County Commission#2289476 My Comm.Expires May 20,2023 (and(2) ) Nome(s)of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s)who appeared before me. Signature Place Notary Seal and/or Stamp Above Sign to e 5ofNotory Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: 1 1 n COf/IJWa /�1A jfl61(4 4 Document Date: O a / Number of Pages: Signer(s) Other Than Named bove: � 02018 National Notary Association UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CENTRAL PARK RESTROOMS PH. 2, (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. Leonida Builders, Inc. Contractor Ar/ By Pan giotis Leonida President, Secretary & Treasurer Title Date: 05/11/2020 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. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Leonida Builders, Inc. �%V Mr i, Contractor • �a� _ gy Pan iotis Leonida President, Secretary & Treasurer Title Date: 05/11/2020 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Leonida Builders, Inc. Bidder Name 15821 Live Oak Springs Canyon Rd. Business Address Santa Clarita CA 91387 City, State Zip 909 )275-3354 panikos@leonidabuilders.com Telephone Number Email Address 896772/A, B, &C-8 State Contractor's License No. and Class 05/18/2007 Original Date Issued 05/31/2021 Expiration Date 2020 The work site was inspected by Panagiotis Leonida of our office on May 8th , 29-t_. The following are persons, firms, and corporations having a principal interest in this proposal: Panagiotis Leonida- President, Secretary and Treasurer 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. Leonida Builde s, Inc. i 1 Company Signature Of Bidder '.� Panagiotis Leonida Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this // day of /4 CA` 2(19. 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 C�l// 117 /A ) County of On a �� �� before me, 11 Ydnl'ro 640 U11C Mont , Day, and Year LInsert Name and Title of Nota personally appeared 44-1 N e(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose namo'( /ate subscribed to the within instrument and acknowled ed to me thaCel'� /tVey executed the same in �►i,�Wjr/their authorized capacity(ies),and that b ys/b&/tKir signature(s�on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,.•; , KELLY YANIRA ORELUNA Notary Public.California Los Angeles County I Commission#2289476 My Comm.Expires May 20,2023 Signature ft� r otary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project. For example, "Public restroom construction in public park including utility work. Assembly of Romtec buildings in public park. Demolition and construction of new restroom buildings in public park."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: l. City of Santa Clarita- 23920 Valencia Blvd#120,Valencia,CA 91355 Name and Address of Public Agency Name and Telephone No. of Project Manager: Julia Regan 661-255-4301 Multi-trade improvements inculding but not limited to, $396,000.00 restroom construction and overall restoration January 2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Work included dispose of existing Turf;Grading&disposal of spoils for Restroom pad;Sewer connection from mainline street to restroom building; ec nca seance connac ion rom Rising me er o res room; L e�R sf 00 alio,Urinking tountain pad&walkways,Remova7ol existing irrigation on restroom pad,cap all lines as they enter pad;Installion of 4"deep mulch within concrete area 2. City of Santa Clarita- 23920 Valencia Blvd#120,Valencia,CA 91355 Name and Address of Public Agency Name and Telephone No. of Project Manager: John Spalione 661-810-0058 $194,614.00 Multi-trade Park Improvements March 2017 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Removing the existing volley ball court and dg path and reconstructing two volley ball courts with new drainage and reconstructing the walking path with portland cement concrete, removing and replacing conflicting irrigation within limits ot tne new volleyball cou .- 3. City of Banning-99 E Ramsey St, Banning,CA 92220 Name and Address of Public Agency Name and Telephone No. of Project Manager: Art vela 951-335-8181 $368,000.00 AdA Upgrades at Lion Park April 2016 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: The project scope included: parking lot;curbs, ramps, landings and transitions; handrails; stairways;walking surfaces; bar, and asseMbly seating aruffg—. Tha pi irnnsp of the giant is fnr tha park facility to meet regi i rpmantc of thhg Amerinnn yvith nicahility Ant(A A); making the park more accessible to its users. Current Projects: City of Santa Ana-Centennial Park Sidewalk and Lighting Improvement Victor So 714-647-5590$1,427,850.00 Ongoing about 40%complete City of La Puente Sewer and Park Improvement 626-855-1500 John Di Mario$1,648,031.50 Ongoing about 70%complete C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. I, Panagiotis Leonida Name of proposed Project Manager Telephone No. of proposed Project Manager: 951-532-7717 City of Santa Clarita -Arroyo Park Drive Pedestrian Bridge Replacement Project S1044B Work includes but is not limited to,removal of an existing wooden pedestrian bridge $572,840.00 and butments and replacement with a pre-fabricated steel truss bridge, July 2019 including new abutmentsand approaches. Project Name & Contract Amount Type of Work Date Completed City of Lake Elsinore-Diamond Stadium Stan 1&2 Remodel Improvements CIP Z20003 $425,000.00 Multi-trade improvement,Kitchen,bathroom and overall restoration April 2018 Project Name & Contract Amount Type of Work Date Completed Perris USD- Paloma Valley HS Auto Shop Conversion $635,000.00 Multi-trade project involving conversion of auto shop to offices August 2017 Project Name & Contract Amount Type of Work Date Completed 2. Juan Lopez Name of proposed Superintendent Telephone No. of proposed Superintendent: 909-296-0681 Clty of Landcaster- 17-001 2017Curb and Gutter Repairs Sept 2017 $288,086.00 Citywide curb and gutter repairs, tree removal Project Name& Contract Amount Type of Work Date Completed City of Fontana- Miller Amphitheatre Parking Lot Expansion March 2019 $672,830.00 Parking lot expansion,ADA Improvements,tree removal,and electrical Project Name & Contract Amount Type of Work Date Completed Replacement of Rubber Dam 2 and 5 October 2019 Removal and Replacement of San Gabriel River Rubber Dam#5 $950,038.00 San Gabriel River, between Telegraph Road and Slauson Avenue, Pico Rivera, California 90660 Project Name & Contract Amount Type of Work Date Completed Various Purchase Orders and Emergency Repairs for Coronado Unified School District Different POs, included but not limited to, Classroom water Damage Drywall Repairs,concrete work at various schools, 2019-Current +$300,000.00 emergency storm drain repairs,Dividing walls in classroo. C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations(DIR).Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/Publ is Works/SB 854FactSheet-6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 h aps://c t i I i n g.dir.ca.gov/P WC R/ActionServiet?action=displayP WC Registration Form DIR's Contractor Registration searchable database: https:Hefii 1 ing.dir.ca.gov/P WC R/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. Leonida Builders, Inc. Contractor .� L�o f By Panacjotis Leonida panikos@leonidabuilders.com M a�� Cmall President, Secretary & Treasurer Title Date: 05/11/2020 PWC Registration #: 1000025666 C-12 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK RESTROOMS PHASE 2, CC1601 in the CITY OF HUNTINGTON BEACH APRIL 24, 2020 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) SHEET A2 of the PROJECT SPECIFICATIONS Delete the last sentence of the first paragraph of the"project description"section indicating that NTP is expected on September 1, 2020. There is no expected delay for NTP for this project. This is to acknowledge receipt and review of Addendum Number One, dated April 24, 2020 Leonida Builders, Inc. Company Name By P agiotis Leonida President,Secretary and Treasurer 05/11/2020 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. f `1 V,` x i . 317 'li$4111 I 1 1t"' 1 BID BOND BOND NO. BBSU KNOW ALL MEN BY THESE PRESENTS, That we, LEONIDA BUILDERS, INC. as Principal, and GREAT AMERICAN INSURANCE COMPANY a corporation authorized to transact a general surety business in the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the full and just sum of TEN PERCENT OF AMOUNT BID Dollars, ($ 10% )for the payment whereof in lawful money of the United States,we bind ourselves, our heirs, administrators, executors, successors and assigns,jointly.and severally,firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for CENTRAL PARK PHASE 2 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 7TH day of MAY 2020 YEAR LEONI A.7 ILDERS, INC. GREAT AtMERICAN INSURANCE COMPANY J/7 Surety 10( / By: Principal PHILIP E A Attorney-in-Fact `�r�r:'(tlll5l GREAT AMERICAN INSURANCE COMPANYO Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 0 513.369.5000 • FAX 513.723-2740 The number of persons authorized by this power of attorney is not more ilian FOUR No.0 20974 POIVER OFATTORNEY KNO\Y ALL MEN BY THESE PRESENTS; 'lliat the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does Hereby nominate,constitute and appoint the person or persons named below,each individually irmore than one is named,its inic and lawful altontey-in-fict,for it and in its natne,place and stead to execute on behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the liniil slated below. Name Address Limit of Power PHILIP E.VEGA ALL OF ALL KEVIN VEGA COVINA,CALIFORNIA $100,000,000 BRITTON CHRISTIANSEN MYRNA F.SMITH This Powcr of Attorney revokes till previous powers issued on behalf of the attorneys)-in-fact named above, IN WITNESS WHEREOF the GREATAMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate olllcers and its corporate seal hereunto affixed this 29TH day of NOVEMBEft 1 2017 Attest GREATAMERICAN INSURANCE COMPANY A'F (&',C- 4kf Asstsrun!Secretnt} U1vlsYaml Srulor Vice Prestrlerrr STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVio c.KrrcHw(877-377.2405) On this 29TH day of NOVEMBER 2017 ,before tine personally appeared DAVID C. KITCHiN, to me known,being duty sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in raid which exaiuted the above instrument;that he knows the seal of the snid Company;that the seal affixed to the said iustnunent is such corporate seal:that it was so afixed by authority of his oRlce under the By-Laws ofsaid Company,and that lie signed his nanie(hereto by like authority. ${Fall A.WlOW r&yP^sum of �Afi1t11IStfOf1�IIEi Ofr18.2020 This Power of Attorney is granted by authority of the following resolutions adopted by(lie Board of Directors ofOreatAmerican Insurance Company by unanimous written consent dated June 9,2008. RESOLVED: That the Divisional President,the several Divisional Senior Vice])residents,Divisional Vice Presidents and Divisonal Assistant Vice Presidents,or airy one of them,be and hereby is authorized,front little to thne,to appoint one or more Attorneys-in-Fact to execute on behalf of die Colnpanti as sure!!;any and all bonds,underlokbigs and contracts ofsrtretyship,or other written obligations in the nature(hereof to prescribe their respective dunes and the respective limirs of their authority;old to revoke any such appohnnrent of any rune. RESOLVED FURTHER: That file Company seal and the signature of any of the aforesaid officers and any Secre/aty or Assislanl Secrelary of the Company unaV be affixed by facsindle to an)-power of attorney or certificate of either given for the execution of any bond undertaking.contract of suretyship, or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signalure ofsuch oOicer and the original seal of the Conhpany,lobe valid and binding upon the Company,with the sane force and effect as though inantrally olTtxed. CERTIFICATION 1,STEPHEN C.BERAHA,Assistant Secretnry of Great Anierican Insurance Company,do Inereby certify that the foregoing Power ofAltortiey and the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. Signed and sealed this 7TH day of MAY,2020 ' . f AssIsrrnrl S'eenvao- S1029AF(06/15) 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 LOS ANGELES ) On MAY 0 7 2020 before me, KEVIN EDWARD VEGA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared PHILIP E. VEGA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 45f':°°.•,j KEVIN EDWARD VEGA WITNESS my hand and I se Notary Publi[ California Los Angeles County Commission#2326181 Signature My Comm.Expires Apr 29,1 r nature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: �y ©2014 National Notary Association • www.NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 CALIFORNIA JURAT GOVERNMENT CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of t Subscribed and sworn to(oraffirmed) before me on /1 this // day of 'r , 20�, by Date Mo , h Year (1) / 1-�-'c (and(2) ) KELLY YANIRA ORELLANA Name(s) of Signer(s) Notary Public•California `_ aw Los Angeles County T_ Z Commission p 2289476 My Comm.Expires May 20,2023 proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I I Signature Place Notary Seal and/or Stamp Above Sign at re of I ry 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 �, f Title or Type of Document: Document Date: at � Number of Pages: Signer(s) Other Than NameZbove: !ter 02018 National Notary Association SEALED BID - DO NOT OPEN WITH REGULAR MAIL for CITY OF.HUNTINGTON BEACH - CENTRAL PARKRESTROOMS PH. 2 DELIVER TO THE OFFICE OF THE CITY CLERK 2000 MAIN STREET, SECOND FLOOR HUNTINGTON BEACH CA 92648 Aw r I : Shipping Instructions 1. Attach your tracking label 2. Seal Envelope Completely 3. Place Envelope in Drop Box or schedule courier pickup 5/11/2020 800-322-5555 ism dEi WWW.gis-us.com o �p Q Ship From LEONIDA BUILDERS,INC. Tracking#: 548976633 PDS KELLY ORELLANA __ _ r 13851 SANTA ANA AVE. III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiII FONTANA,CA 92337 jewelry 1=80 :Ship To CITY OF HUN.TINGTON BEACH HUNTINGTON BEACH editions WWI OFFICE OF CITY CLERK 2000 MAIN ST aquest. SECOND FLOOR S92648A ed to 'HUNTINGTON BEACH,CA 92648 :)r any ), loss COD: $0.00 ril 'Weight: 0 lb(s) Reference: Delivery Instructions: i 20093237 Signature Type: STANDARD ORC CA927-DDO ority Overnight Delivery California ! Nevada • Arizona New Mexico