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HomeMy WebLinkAboutGEM Construction, Inc. - 2021-04-19 (2) RECEIVED BY' CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating i i (Date) Ile CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for 0EL (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. Uz yZy�D/((� 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 d (Council Approval Date) CC No. QI Agenda Item No. `)/ 2 W MSC No. City Clerk Vault No. 46eUl)•S49 Other No. SIRE System ID No. yy�S�y g:/forms/bond transmittal to treasurer CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION DATE: 6/1/2022 TO: THOSE LISTED HEREON FROM: Joseph Fuentes, Senior Civil Engineer SUBJECT: Retention Release Payment- PO#27215 OJ Supplier#100281 Co.#226 Central Park Restrooms Phase 3, Project#CC 1608 Contractor's Name: GEM Construction, Inc. Address: 2158 Pacific Avenue City, State and Zip Code: Los Beach, CA 90806 Phone Number: (562)270-9331 City Business License Number: A310053 Notice of Completion (Date by City Clerk): 4/18/2022 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. Date Sean Crumby, Director of Public Work 1 certify that there are no outstanding invoices on file. to .Ia _)n U_ N 4 1�, Date d Joyce a cks, 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. 151 -;z i?- - Date Robin Estanislau, 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 VI of the Civil Rights Act and Equal Employment Opportunity Act of 1972 6. Consent for Release letter from the Surety Company I } Recorded in Official Records, Orange County Hugh Nguyen. Clerk-Recorder IIIIII IIIIIIIIIIIIIIIIIIllllllllll�llllllllllillllllllllllllll NO FEE S R 0 0 1 3 5 7 5 9 1 9 b PLEASE COMPLETE THIS INFORMATION 2022000147408 1:51 pm 04198r22 227 RW9A N12 1 RECORDING REQUESTED BY: 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000,00 0.00 i • I WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT } Attn:Joseph Fuentes P.O.Box 190—2000 Main Street Huntington Beach,CA 92648 ` THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION i NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street,Huntington Beach,CA 92648,that 1 the contract heretofore awarded to GEM Constnrction,Inc.,who was the company thereon for doing the following work to-wit: I r Central Park Restrooms Phase 3,Project#CC 1608 i That said work was completed 04/07/2022 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 04/07/2022,per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract The Ohio Casualty insurance Company,was surety for the bond given by the said company as required by i This document is solely for the official business of the City of Hunti*161esch, mpla Government Code Section 27383 and should be recorded tree of charge. r City Engineer Dat Califamia 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 i have read said NOTICE OF COMPLETION and know the contents thereof;the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and coACityof id NOTICE F COMPLE ION was duly and regularty ordered to be recorded In the Office of the County Recoounty. This document is solely the official business of the City of Huntington Beach,as contemplated e 'G— ander Government code section 27383 and .orks r City Engineer ateshould be recorded free of chame. ng, Cafi(omia THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) BondN...o. 024.2.49016 Premium listed on Performance Bond E. i MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS:. That, GEM Construction, Inc. (contractor's name) 2158 Pacific Ave. Long Beach. CA 90806 (pontractor's street address,.city and state and zip code) as I'Anc0(1;(hereinafter caller!Contractor),and: The Ohip Qr7Suallty Insurance Company (surety's name) , 175 ftrkelev Street. Boston. MA 02116 ! (surety's street:=address:,city and state'arrd zip code) a celtporetlon organized and>xisting under the laws of the state of.New Hampshire with its principal affcty in.the City of. Orange as Surety(hereinafter calfed Surety),are held firmly bound unto CITY OF HUNTINGTON F3l=A,CN as Obligee (hereinafter caned Owpar), in the amount of Five Hundred Twenty Thousand Seven Hundred Sixteen&50/100 Dollars i' 520,716.50 ), equivalent to fhe. entire contract amount including alf orders.,;for the payment whereof Contractor and Surety bind themselves, their Heirs., iaxerutors�,administrators,successors;and assigns,jointly and severally,firmly by these:presents, HEpt1vAS Surety is a duly admitted surety In under the laws of the State of CalifarnI*i and Staety Jis cerlfbed attd tfsted i the U:S;Departmen#ofthe Treasury Circular 570,and able to provide proof of bonding Jirrittallon shown In said cirtatlar is sufficient to provide bonds In the arnourrt.required by said Contract;"arid Surety has provided financial strength ratings from reputable companies,such as from A-M,Best, Moody''s,Standard '&00.0e ,to iraiidate that Surety has,positiVe.ratings of being secure or stable;and 5ttrety is.registered.and fisted with the Califctrnia Department of insurance;and: tontractor,has by writfen agreernertt dated ,20L ,entered into a. ith"'contract w Owner for the Central Park Restrooms Phase 3:CC No. 1608 in accbcdanee wif11; dra,a+trs"and apecifisatians preptsred by which contract Is by reference"made a parthereof.(hereinafter referred to as the C.ontract),and The Contract providees that the principal will guarantee,for a period of ogre year,.the work-performed:as part of the f;ontract fire try and agairm all'defet is in materials and-workmanship,and e The Contradl also prgVides that the-Co.M actor shall secure Contractors obligations during th®one ysar period witty a f: bored execrated by a surety duly admitted in the state of California;and The C.ontarct hats been completed,and'the Owner,Contractor and Surety agree;that the commencement date fortha Guarantee AM&Bond shail be April? 20 NOW, THEREFORE=,THE CONPITION OF THIS OBLIGATION is such.that if:Gontractor shell, for a period of one year,from,and after fhe date of completion an I cceptance"of the Contract by,Owner, repair andtor replace any and all defaces arising in the 1/itorie, whether resulting firorn defective materials or defective workmanship; then this Obligation shall be null and void;otherwtse it will remain in full.force and=effect: The Surety,herby waives notice of any alteration or extension of time made by fire Owner er iev"er Contractor,abed be, and declared by Owner to be in VefAt It under the Contract,the Surety shall,Within Jbirly.(30) days foffovring Owners written riortice of de€ault, either: :(1) remedy the default, ur (b) strait promptly co napiete the.contract'in accordance With its terms and"conditions. Ste( ty shad,save the Owner harmless from any claims:;judgments,Jiens,or losses arising from the Suret?s failure to either remedy the default-of to complete the Contract In accordance with its terms and conditions in a timely manner: 438MS1:8T38 ............ ..............- .................. .......... Whenever#tie 110d shall be,and 4-dared by the Owner to be`In default under the 0ontract which shall include Pal e RMItallopi Any breach or default of the Contract,then', after written,notice from the Owner to the Surety,at -provided forbelow,the Surety shall either; (a)remedy the default or breach by the Principal;or(b),shall r4brriptly and faithfully`take chargeof the Work.and complete the Work in accordance.with the requirenvrAs of the,Corttractvfth,a tontraicior other than the'Principl,at its own expense,and make avallatile as work progresses sufficient funds to pay the cost Of Cbrh.016tton lest the unp"N balance#fthb Contract Including other costs and damages for which th sura , My may be 16ble,hereun gr, provided,howeuer; that the pr9cedwe by which the Surety undertakes to.discharge it s obligadtions under-this Band shall be subject to the Advance written approval of the Owner', a a Abin thirty (50) days after Surety's:receipt of a written notice fforn Owner of the faflure of perfrmanc of.the Contract.by the Phn6pal!It shalll be the dultyof the Surety to give to the Owner Abdt[66,in writing,of the$uretyts election to(a)remedy the default(s)of the Principal promptly, r Apromptly by-a contractor ptherthen the Principal,1i e being of essence to this Bond, to said Notice of Election, the Surety Shall state the date of cornmencern.ent,of its cure or remedy of the Principal's defaultW or its performance of the )Contract,. "fire'Sm.rety'sobligations for cum,or remedy,bdude but are not 11maed to: correction of detective work and completion,of the Contract,-additional.legal, design professional and delay costs arising from Surelys actions.or failure to;ad,and liquidated damages (or 9 no liquidated damages are specified In the Gontract actual damages caused by delayed performance or non-parfbrman oe by the Pdricipaq,. The Surety shag give prompt written notice to the O wn&upon compleilon.of the cure or remedy oft I heP rinclW's defatift(s)of ft performance of the Contract; lf the;$ does ssvp its Notice of' ection and does not ► med proceed to cure or re y the.Principal's defoult(s).of Its, performance of the Workvilthin thirty(30)days after receipt:of a.written notice from Owner,Surety stall be deemed to be in default on th is and the Owner shall be entitled to errfor —an ce yramedyavailabldto oWner. No right of action 9hall]aPaUp on 1his bond to or for$e use of any person or car porati.69i other thanAhO owner named herein or the$uCCe$o:brs of Owner. Signed and sealed this 16th day cif, May 2022 Principal Raftsed Corporate Seal GEM Construction, Inc. (Contractor Nam6) By (Seal) Pr.ftipal,RZilged.Corporate aeal tMUST BEAFFI)CEPI The Ohio Cac xualtv Ins urmqce Company Narnef ur. B, Ire Luong,ATrne -Fact APPR VFfl)A NOTES Iohgel E. Gates, City Attorney I., Acknowledgments must be completed and returned: as; e. part of 0-,bond, Raised:CoTo"Seals are mandatory. attacm Power of Atto rfift CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On MAY 16 2022 before me, Christine Hoang 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 Or CHRISTINE HOANG person(s), or the entity upon behalf of which the person(s) =' Notary Pt b is California acted, executed the instrument. e oLnty Commission range C'236 281 1 certify under PENALTY OF PERJURY under the laws of r r• •o� My comm.Expi es Jan 29,2025 the State of C lifornia that the foregoing paragraph is true and correct. Witness my h nd an o ial seal. Signature Place Notary Seal Above Signat re of Notary Pub is h Stlne ng OPTIONAL \ Though the information below is not required by law it may prove valuable c persons relying on the document and could prevent fraudulent removal ana 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 RIGHTTHUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Trustee OF SIGNER ❑ TrusteeOF SIGNER ❑ 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. Liberty Liberty Mutual Insurance Company mutume The Ohio Casualty Insurance Company Certificate No:8205249-024096 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 corporaton 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, Christine Hoang,Danielle Hanson,Emilie George,Irene Luong,James W.Moilanen P.Austin Neff Yung T.Mullick all of the city of Mission Viejo state of CA each individually if there be more than one named,its true and lawful attomey-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 8th day of April 2021 . 1Ns& Liberty Mutual Insurance Company P� R9 '�11 rove& �p tNsll� The Ohio Casualty Insurance Company West American Insurance Company rn w Y 1912 0 0 r,1919 41 0 L 1991 0 Nrid�aACNup�D y0`h'N�Mr��eL� �I' �N°uer L ��%In��i� By.David M.Carey,Assistant Secretary 00 m State of PENNSYLVANIA ss .� N p�County of MONTGOMERY oOn this 8th day of April 2021 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance to Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized bo to do,execute the foregoing instrument for the purposes '— a) therein contained by signing on behalf of the corporations by himself as a duly authorized officer. � N� ,,IM o 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'N �}r{ cc 5p PA&l ` Q� poNIN � commonwealth of Pennsylvania-Notary Seal +µ °� ��- Teresa Paslelle,Notary Public 6 ~ OF S•Y Monipomery county cc My commission expires March 28,2025 By. C P Commission number 1126044 e3 Zc 1P Member,Pennsylvania Association of Notaries Teresa Pastella,Notary Public Q CU �` g �� This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual Insurance E•� Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: `o m ARTICLE IV-OFFICERS:Section 12.Power of Attorney. 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 President c� may prescribe,shall appoint such attomeys-in-fad,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety any and all j LD undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fad,subject to the limitations set forth in their respective powers of attomey,shall have full o 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 instruments shall Z 0 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 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. IQ-K ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. 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, 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, bolds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attomey,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 attorneys-in- fad 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. I,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 16th day of May 2022 1NSU eJ=G°RVOQrr�"W_n `Ply 4 ,0'Y pro y g 3°° 1912 Q o sA 1919 W o 1991 0 aV1'da� Ub�a ZD yNAMPe��� �! �NDUp� L� By: '� - cN *aa s�M * a Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 0221 CONTRACTOR'S CERTIFICATE 1, Harry Muradyan , state and certify that: (Name of Declarant) 1. GEM Construction, Inc. is the general contractor to the City of Huntington Beach ("City")on Contract No. CC-1608 (the "Contract") for the construction of the public work of improvement entitled: CENTRAL PARK RESTROOMS PHASE 3 (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"): NONE 4. Attached hereto are the lien waivers required by the Contract Documents,which lien waivers have been executed by all persons who performed work on or supplied labor, serviccs, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California(list all disputed claims; if none, write "NONE"). NONE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Long Beach on this 15th day of May ,000 Murad an �'�"�gedb Harry Y (.Signature of Declarant) APPROVED AS FORM, Michae . Gates City.Attorney 1 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 CC-1608 Contract: CENTRAL PARK RESTROOMS PHASE 3 Project: 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. 15th May 2022 Long Beach Executed this_ day of 20 , at California. GEM Construction, ln,5;� (Contractor Nam APPROVED :T"C FO By: — Mi ael E. Gates Attorney 1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: CC-1608 Project: CENTRAL PARK RESTROOMS PHASE 3 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 15th day of May , 20 22 at Long Beach GEM Construction, Inc. (Contractor N APPROVED F oo By: Mic el E. Gates C4 Attorney 1 CONSENT OF OWNER ❑ SURETY COMPANY CO�c OR p TO FINAL PAYMENT OTHESURETY (SIMILAR TO AIA DOCUMENT G707) PROJECT:Central Park Restrooms Phase 3; CC No. 1608 (name,address) TO (Owner) ARCHITECT'S PROJECT NO: CI of Huntington Beach CONTRACT FOR: Bond No. 024249016 2000 Main Street, Huntington Beach, CA 92648 l --] CONTRACT DATE: April 15, 2021 CONTRACTOR: GEM Construction, Inc. In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the(here insert name and address of Surety Company) The Ohio Casualty Insurance Company 175 Berkeley Street,Boston,MA 02116 ,SURETY COMPANY, On bond Of(here insert name and address of Contractor) GEM Construction, Inc. 2158 Pacific Ave, Long Beach, CA 90806 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that the final payment to the Contractor shall not relieve the Surety Company of any Of its obligations to(here insert name and address of Owner) City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 ,OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, The Surety Company has hereunto set its hand this 16th day of May 2022 The Ohiqj6psualty InsurWf8ernpany Surety om y Signat re of Authorize epre tative Attest: (Seal): Irene Luong, Attorney-in-Fact Title Note:This form is intended to be used as a companion document to the Contractor's Affidavit of Payment of Debts and Claims,Current Edition CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On MAY 16 2022 before me, Christine Hoang 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), OM CHRISTINE HOANGand that by his/her/their signature(s) on the instrument the Notary%biic•Cafiforlia person(s), or the entity upon behalf of which the persons) Orange Cotnry acted, executed the instrument. Commission;2363281 v Com—.Expi•es Ju 29,2025 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my ha d a offi ' I seal. Signature Place Notary Seal Above Signatu of Notary bli rlstl a Oang OPTIONAL Though the information below is not required by law, it may prove valuabl 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 I ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Trustee OF SIGNER Trustee OF SIGNER ❑ 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. Liberty Liberty Mutual Insurance Company Mutual The Ohio Casualty Insurance Company Certificate No:8205249-024096 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, Christine Hoang,Danielle Hanson,Emilie George,Irene Luong,James W.Moilanen,P.Austin Neff,Yung T.Mullick all of the city of Mission Viejo state of CA each individually if there be more than one named,its true and lawful attomey-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,recognizanoes 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 8th day of April 2021 Liberty Mutual Insurance Company P�1NSU,gtV rNg�Q, a 1NSU,pq The Ohio Casualty Insurance Company AJ o�PO"4r p yJ °R4r may. �G� oRPO�4r n West American Insurance Company J .�' � � �r3 'b m � � �bco ar 1912a 0 1919 c s 1991 c By:HAYPs a` �HofANh D _� 7 t• ,4+�M * iG f g0 David M.Carey,Assistant Secretary `v m State of PENNSYLVANIA — N County of MONTGOMERY ss oOn this 8th—day of April 2021 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance tc 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. Nre 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-y 4�5PAS. NW$F< Commonwealth of Pennsylvanle-Notary Seal �Q° r t Teresa PastellMontgomery Notary Public N O ►. u s.�' ����,County O 4) OF My commission expires March 28,2025 By: C P Commission number 1126044 VP Member,Pennsylvania Association of Notaries erase PastBlla,Notary Public IRY rn� 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 Insurance 0.9 Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: N`O ARTICLEIV-OFFICERS:Section 12.Power of Attorney. 6R r- 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 President L) may prescribe,shall appoint such attorneys-in-fad,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety any and all j� 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 Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such instruments shall Z CC.) 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 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. ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. 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, shall appoint such aftomeys-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 attomey,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- fad 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,recognizences 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 appeari 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 some face and effect as though manually affixed. I,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 16th day of May 2022 . 1N8U tV INg %mail ti`�PcP�ME eN �'3k eb 3`P r° cNAp Yi1912 � o ss 1919� 0 ` 1991 c e y Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02121 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) *J, h? 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. OZ q2L1,71)/(0 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 y11q1Z4z1 (Council Approval Date) CC No. �lJ�d� �� No. o;/ —21,09, MSC No. City Clerk Vault No. 6010U.ED Other No. SIRE System ID No. �Ll Lose g:/forms/bond transmittal to treasurer Recorded in Official Records, Orange County Hugh Nguyen. Clerk-Recorder IIII � � IIIIII�IIII�I��II�IIIII�II�IIII �IIIIIII� NO FEE S R 0 0 1 3 6 7 5 9 1 9 5 PLEASE COMPLETE THIS INFORMATION 2022000147408 1:51 pm 04118122 i 227 RW9A N12 1 RECORDING REQUESTED BY: 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 i WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Attn:Joseph Fuentes P.O. Box 190-2000 Main Street Huntington Beach,CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION 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 GEM Construction, Inc.,who was the company thereon for doing the following work to-wit ' Centnl Park Restrooms Phase 3,Project p CC 1608 i That said work was completed 04/072022 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 04107=22, per City Council Resolution No.2DO3.70 adopted October 6, 2003. That upon said contract The Ohio Casualty Insurance Company,was surely for the bond given by the said company as required by i This document is solely for the official business of the City of Huntington Beach, as contempla Government Code Section 27383 and should be recorded tree of charge. S Director of Pu r City Engineer Dat City of Huntington 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 tee,in the foregoing NOTICE OF COMPLETION. I i have read said NOTICE OF COMPLETION and know the contents thereof;the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct,and .said NOTICE F COMPILE ION was duly and regularty ordered to be recorded in the Office of the County Recorder of County. This document Is solely the official business of 2 the City of Huntington Beach,as contemplated T under Government code section 27383 and Director of Publi .orks r City Engineer ate should be recorded free of charge. City of Hunting, .Califomia THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerks Office (Ni after signingidating (Date) ', , e CITY OF HUNTINGTON BEACH T INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for /�E�1 (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. (—ui C/-2.Z/e?G// 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 (Cot&W Approval DRAT) CC No. 1117D2' Agenda Item No. '2zl-F MSC No. City Clerk Vault No. UULI• 570 Other No. SIRE System ID No. r7rl) g/fonnsbond transmittal to treasurer CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GEM CONSTRUCTION, INC. FOR CENTRAL PARK RESTROOMS PHASE 3, CC-1608 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 GEM CONSTRUCTION, 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 Restroom, Phase 3 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: l. 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 it good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the I 16-5195/City Funded Construction Contract.docx —revised 04/2016 prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY For the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section). has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 16-5195/City Funded Construction Contract.docx —revised 04/2016 D. The edition of Standard Specifications for Public Workv Construction, published by Builders'News, Inc.. 10801 National Boulevard, Los Angeles. CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of' the California Joint Cooperative Committee as specified in the particular Plans. Specifications, Special Provisions and Addendum applicable to the Project: E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications. Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5195/City Funded Construction Contract.docx—revised 04/2016 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Five Hundred Forty Two Thousand, Four Hundred Twenty Four Dollars (S 542,424 ), 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 One Hundred Twenty ( 120 ) 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 forties 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 (I) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 6 16-5195/City Funded Construction Contract.docx—revised 04/2016 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred (S 500 ) per each calendar days 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.doc.r—revised 04/2016 delay and CITY shall extend the time for completing the work if. in its judgment, the findings of fact thereon justify the delay: and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers. in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of'such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. (1) "Change Order' means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3. or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 8 16-5195/City Funded Construction Contract.docx—revised 04/2016 (b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement, (c) Payment of an amount the CITY disputes: (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents: (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT: or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW (or his or her written designee). All Demands shall be submitted promptly, but in no event later than thirty(30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional infonnation from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen (15) days 9 16-5195/City Funded Construction Contract.docx—revised 04/2016 after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions. immediately upon encountering the conditions. CONTRACTOR shall notify the DPW in writing of the conditions. so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer, in writing, either within f iRccn (I5)days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's t'ailure to respond within the time prescribed. respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACI'OR'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 I (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title I of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his 10 16-5195/City Funded Construction Contract.docx—revised 04/2016 or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment. upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole 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 II 16-5195/City Funded Construction Contract.docx—revised 04/2016 sum as will bring the payments of each month up to one hundred percent (100%) oft he 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 ofCONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon. CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16, AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, 12 16-5195/City funded Construction Contract.docx—revised 04/2016 or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code. CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars (S25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5195/City Funded Construction Contract.docx—revised 04/2016 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT-HOUR LAW A. California Labor Code, Sections 1810 et seq. shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one 14 16-5195/City Funded Construction Contract.docx—revised 04/2016 (1) calendar day or forty(40) hours in any one (1)calendar week in violation of California Labor Code Section 1815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 2 L 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 CONfRACTOR'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 Conlracl.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 IS 1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers(the `'Additionally Insured Parties")as Additional Insureds,and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Five Thousand Dollars ($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/City Funded Construction Contract.docx—revised 04/2016 26. CERTIFICATES OF INSURANCE ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: I. Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force: and 3. Promise to provide that such policies will not be canceled or modified ied 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 CON-IRACfOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's 19 16-5195/City Funded Construction Contmct.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 I 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 GEM CONSTRUCTION, INC. ATTN:Joe Fuentes . Public Works ATTN: Harry Muradvan 2000 Main Street 2158 Pacific Ave. Huntington Beach, CA 92648 -+vrBeach, CA 90806 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 matersincluded 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 Contraa.docs—revised 04/2016 36. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United Stales and shall, in particular, comply with the provisions of United States Code Section 1324o 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 1-funtineton 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. A'170RNEY'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 91 16-5195/Ciro 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.doex—revised 04/2016 45. SIGNATORIES Each undersigned represents and warrants that its signature hercinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 16-5195/City Funded Construction Contract.docx—revised 04/2016 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on 41L- f1 01 . 20 CO CITY OF HU INGTON BEACH,a municipal corpo itio a State of lifomia �H�czem �1ye�Y�►� Mn7or (print name) ITS: Chairm /President ice-President City Clerk (circle one INITIA AND ROV AN Director of Public Wo RY a✓> (pnn name) V E E N PPROVED: ITS S l'Chief Financial Officer / Asst. Secretary /Treasurer (circle one) City Manager APPROVED AS T FORM: 7101 City A orrte, 25 16-5195/City Funded Construction Conuwt.docx—revised 0412016 SECTION C PROPOSAL for the construction of CENTRAL PARK RESTROOM PHASE 3 CC No. 1608 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 120 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. GI 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 100/6 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 Na Date Recdved rr's 1 3 19 20 1 C-2 SECTION C PROJECT BID SCHEDULE CENTRAL PARK RESTROOM PHASE 3 CC 1608 Item Description Quantity Unit Unit Cost Total Cost No. (Extension) 1 Mobilization and Demobilization 1 LS $ 5,500 $ 5,500 2 Prepare Storm Water Pollution Prevention Plan (SWPPP) 1 LS $ 1,000 $ 1,000 3 Install& Maintain Construction BMPs 1 LS $ 5,500 $ 5,500 4 Develop and Implement Site Dewatering for entire project 1 LS $ 19,000 $ 19,000 5 Develop and Implement Trench and Excavation safety 45,000 45,000 measures for entire project 1 LS $ $ Construct Romtec Restroom building, drinking fountain, and sidewalk as indicated on plans and specifications. Item includes building permit sign offs, utility connection work, concrete sidewalk, site grading, landscape restoration, 6 paving, foundations,concrete slab, and all other items necessary to complete work. Romtec building materials and drinking fountain to be furnished by City. Contractor to provide a secure site including space and moving of building materials,which will become the responsibility of the contractor upon Romtec delivery 1 LS $ 182,172 $ 182,172 Furnish and install Sewer Lift Station as indicated on plans 7 and specifications. Item include utilities, utility connection, sewer line to restroom, landscape restoration, foundation, ,� concrete, and all other items necessary to complete work 1 LS $ 153,00 $ 153,000 Furnish and install new electrical service from existing 8 transformer to new Romtec restroom and lift station including all control panels, conduits,wiring, termination, testing, trenching, appurtenances, paving and landscape restoration 1 LS $ 25,337 $ 25,337 Furnish and install new water service to new Romtec 9 restroom and drinking fountain including all materials, testing, trenching, disposal, appurtenances, paving, and landscape 26,353 26,353 restoration 1 LS $ $ Furnish and install new sewer force main and connection to 10 existing sewer manhole including all connections,testing, trenching, appurtenances, paving,and landscape restoration 1 LS $ 28,167 $ 28,167 11 Testing and Start-Up for the installed Lift Station 1 LS $ 1 ,500 $ 1,500 Demolish and dispose of existing restroom. Item includes 12 disposal, abatement as needed, fill, abandoning existing utilities, fumish and install irrigation and turf, paving and all other items necessary to complete work 1 LS $ 49,895 $491895 C-2.1 SECTION C PROJECT BID SCHEDULE CENTRAL PARK RESTROOM PHASE 3 CC 1608 Item Description Quantity Unit Unit Cost Total Cost - No. (Extension) TOTAL BID AMOUNT (BASIS OF AWARD) — SCHEDULE $ 542,424 TOTAL BID AMOUNT IN WORDS: FIVE HUNDRED FORTY TWO THOUSAND AND FOUR HUNDRED TWENTY FOUR 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-2.2 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 1Ctass DIR PWC Dollar % of Items) Subcontractor License Registration# Amount Contract Number NONE By submission of this proposal, the Bidder certifies: I. That he is able to and will perfonn 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 24th ,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. Hatry Muradvan Natne of tgnature of Bidder 3535 Farquhar Ave Suite 2 Los Alamitos, CA 9 720 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 PHASE 3,(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 �" aY By Title Date: n C-S DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162. the Bidder shall complete, under penalty of perjury. the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of IaN or a safety regulation? ❑ Yes A NO If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. GEM Construction, Inc. Contractor Harry Murad By President Title Date: 3/24/2021 Ca 1 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: GEM Construction, Inc. Bidder Name 3535 Farquhar Ave Suite 2 Business Address Los Alamitos CA 90720 City, State Zip ( 562 ) 270-9331 harrvaa aemco.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 Muradvan of our office on 22nd of March 201 1 The following are persons, firms, and corporations having a principal interest in this proposal: H620- 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 ton, nc. ompan _ lure of Bidder (o.S�eS Q p-�o� tc�t S-r, qI�,I dean Wisc. ' ;;vhr-v , '(�( �a Jet Printed or Typed Signature Ga NOTARY CERTIFICATE Subscribed and sworn to before me this 2,2 day of J�lP-�,_ , 20t2i. 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 AW-Y7 pry ) �r On t MC�Pr zr1, 2t)Z1 before me, y�� (� `UPS I�C3TAoi R)t3t c Month, Day,and Year Insert Name and Title of Notary personally appeared A N Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(j) whose name( )4�e to subscribed to the within instrument and acknowled ed to me that s}ye/ ey executed a same in ti her/th4r authorized capaciry(io,and that by ti /I er/taeir signature on the instrument the person(,or the entity upon behalf of which the person(p) acted, ext ted the instrument. 1 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. p �1 R,STUBBE X (Q 14 NOTARY PUBLIC-CALIFORNIA (A t( ORANGE COUNTY t� Signature of Notary Public (PLACE NOTARY SEAL ABOVE) CA 1 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. Construction of sewer lift station."1. 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 Huntington Beach Name and Address of Public Agency Name and Telephone No. of Project Manager: Joe Fuentes 66,700 Romtec Building 3/2017 Contract Amount Type of Work Date Completed Provide additional project description to show- similar work: Sports Complex Team Room 2. City of Huntington Beach Name and Address of Public Agency Name and Telephone No. of Project Manager: Unsure, Contract w/Kasa 85,435 Romtec Restroom Building 08/2017 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Romtec restroom huildino construction 3 State of California Name and Address of Public Agency Name and Telephone No. of Project Manager: Gabriella Golik Garry 145,439 Romtec Restroom and Storage Bldg 12/2017 Contract Amount "Type of Work Date Completed Provide additional project description to show similar work: Romtec Restroom and Storage Building Construction 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. Harry Muradvan Name of proposed Project Manager Telephone No. of proposed Project Manager: 562-270-9331 See previous pave 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 �. Harry Muradvan Name of proposed Superintendent Telephone No. of proposed Superintendent: 562-270-9331 See previous pave 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.c&gov/DLSE/Publie Works/SB854FactSheet_6.30.14.pdf DIR's Contractor Registration Link —Call (844) 522-6734 https://efi ling.dir.ca.gov/P WCR/ActionServict?action=displayP W CRegi strationFonn DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action 1 am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. GEM Construction. Inc. Contractor Harry Murad By harryna.Remco.la Email President Date: 03/24/2021 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 Restroom Phase 3, CC-1608 March 18, 2021 Notice to All Bidders 1) Replace CC-1608 Romtech Plan Set 1-21-21" with 'CC-1608 Romtech Plan Set Addendum No. 1 3-18-21" The bid opening date has not changed and will be March 25. 2021 at 10 00 AM This is f[to acknowledge acknowledge receipt and review of Addendum Number One../dated March 18 2021. (7 Lk C0k)F"(V-k,uIC,J r l&)( ��/ CP I�ti12�1iAtJ Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum please call Joseph Fuentes at (.714) 536- 5431. 1 of 21 Addendum No. 1 A`OOR DSro7n021 a CERTIFICATE OF LIABILITY INSURANCE DA t07/2ozl 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, EMEND 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, sub)ect 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 auch ondorsomonl e PRODUCER NCOMERcT Issec Zemore Summit Partners Insurance Services OHEC. . 818-240-7955 uD 818-464-3005 2270 Douglas Blvd.Sle,212 LAupgEfisi myohieyen®summllagents.net Roseville,CA 95661 INSURER 9 AFFOROINOCOVERAOE NAILS INSURER A: Evenslon Insurance Compamny 35378 INSURED INSURERS: California Automobile Insurance Company 38342 GEM Constiucllon INSURER c: Wosco Insurance Company 25011 2158 Pacific Ave. INMAERD: Long Beach,CA 90806 INSVRER E: U E COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 9R TYPE OF INSURANCE POLICY NUMBER PIWD EF u0 CILE. Y raP GNITa X CONMERVALOENERALLIABtLRY EACH OCCURRENCE s 1.000,000 CMMS-MADE OX OCCUR $ 10D,000 MED EXP M one nm 3 5.000 A )( BUSINESS LOSS INCOME Y N 3AA412377 07/1212020 07/12/2021 PERSONAL 6 ADV INJURY 32,000,D00 OENL AGGREGATE LIMIT APPLIES PER: GENERALAOGREOATE 3 2,000,ODO X POLICY El JEqCT O LOC PRODUCTS.COMP/OP AGO 3 2,000,000 1 Business Loss Income s Up to 12 months:. OTHER: i AUTONOSILELASILRY COMBI" $ 1,DD0,000 •] r��l R, ANY AUTO APPROVE AS TO - aooR.Y INIuaY IP..Peram> s ":F'a B OWNED SCHEDULED Y BADO00055182 1 1 aooar wwaY(Pv ectldenq s �n AUTOS ONLY Px AUTOS X HIREDTOG NLYNONAUT OWONED PROPERTY RTY DAWIMI,AMAGE $ MICHAEL E. 3 =t K. X UMBRELLALIAO _ OCCUR CITY ATTORNE Y EACH OCCURRENCE 1,000,000 A EXCESS LIAR aunts-MADE EzxW*!QV HUNTINGTO (Opl$t WO 07/12n021 AGGREGATE i 1,000,000 DED RETE TION 3 WORKERS COMPENSATION X I SPIRTUTP, T]4 AND EMPLOYERS'LIASILIT Y ANYPROPRIETOR/PARTNEMXECUTNE YIN E.L.EACH ACCIDENT 1,000,ODO C OFOCERfMEMeEREXCLUDED 1,OD0,0DD I MIA Y WWC3443904 12n012020 72121f12021 I. lMandabryln Nlo E.L DISEASE-EA EMPLOYE 'i it yy00a detGfaO undo E.L.GSEASE-POLICYLIMIT 3 1,000,00D . DMRIPTION OF OPERATIONS atla I BUSINESS PERSONAL A PROPERTY 3AA412377 0711212020 07112/2021 $6,000 „k DESCRIPTIONOFOPE IIONa1LOCATION3f VEHICLES PCORD 10I,Addilbml Renub achedWa,mry De allecNd11 more eDeabrpnYed) "ti 7151 Talbert Avenue,Huningston Beach,CA 92648 Is added as additional Insured. i ry 1< p `d' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE��y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN)„ } City of HUnInglOn Beach ACCORDANCEWITH THE POLICY PROVISIONS. py t 2000 Main St. . I Hunington Beach,CA 92646 AUTHORIZED aevawENranve `; N 1 z 01988.2015 ACORD CORPORATION. All rights reserved:l; r.. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD �.;�2 POLICY NUMBER: 3AA412377 IL 12 01 11 85 THIS ENDORSMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY POLICY CHANGES I Policy Change j Number 04 I I POLICY NUMBER I POLICY CHANGES EFFECTIVE COMPANY 3AA412377 04/20/2021 Evanston insurance Company NAMED INSURED AUTHORIZED REPRESENTATIVE Gem Construction Inc i COVERAGE PARTS AFFECTED All Coverage ports i It Is hereby understood and agreed effective 0 4/2 0120 2 1, the policy is amended as follows: Amending the following forms: ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS—SCHEDULED PERSON OR ORGANIZATION per the attached ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS—COMPLETED OPERATIONS per the attached PRIMARY AND NONCONTRIBUTORY—OTHER INSURANCE CONDITION per the attached all other terms and conditlons of this policy remain unchanged. I Authorized Representative Signature IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 ❑ Copyright, ISO Commercial Risk Services, Inc., 1983 POLICY NUMBER: 3AA412377 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 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 Persons) Or Organization(s) Locations Of Covered Operations The City of Huntington Beach 7151 Talbert Avenue, Huntington Beach, CA 92648 Its officers, elected or appointed officials,employee agents and volunteers 2000 Main St Huntington Beach, CA 92648 Information re wired to complete this Schedule If not shown above will be shown In the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury' or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or In the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. Thal portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization Insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. CG 20 10 04 13 ®Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: I 1. Required by the contract or agreement;or I I i i I I I I I I Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 10 04 13 i POLICY NUMBER: 3AA412377 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations The City of Huntington Beach 7151 Talbert Avenue, Huntington Beach, CA 92648 Its officers,elected or appointed officials,employees, agents and volunteers 2000 Main St Huntington Beach CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "properly damage"caused, in whole or in part, by required by a contract or agreement, the most we ..your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and 1. Required by the contract or agreement; or included in the 'products-completed operations hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 ®Insurance Services Office, Inc., 2012 Pago 1 of 1 POLICY NUMBER: 3AA472377 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 BOND NO. 024249016 ' BOND PREMIUM IS INCLUDED IN PERFORMANCE BOND BOND ISSUED IN DUPLICATE PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, Clty of Huntington Beach(hereafter referred to as"City')has awarded to GEM Construction, Inc. 3535 FarguharAve#2 Los Alamitos CA 90720 (name and address of Contractor) (hereinafter referred to as'Principal"), a contract('Contract')for the work described as follows: Central Park Restrooms Phase 1 CC No 1608 (Project Title) WHEREAS, Principal is required under the terms of the Contract and the Califomia 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 admifted surety insurer under the laws of the State of Califomia (hereinafter referred to as 'Surety); and Surety is certified and listed in the U.S. Department of the Treasury Cmilar 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 8 Poofs,to validate that Surety has positive ratings of being secure or stable:and Surety is registered and lisled with the Califomia Department of Insurance. NOW THEREFORE,we, the undersi3ned Principal,and The Ohio Casualty Insurance(;ompany 175 Berkeley Street Boston MA 02116 (name and address of Surety) as Surety,are held and finely bound unto City in the penal sum of Five Hundred Forty Two Thousand, Four Hundred Twenty Four and 00/100 dollars(8 542,424.00 J,this amount being not less than one hundred percent(100%)of the total price set forth in the Contract,in lawful money of the United States of America, for the payment of which sum,well and truly to be made,we bind ourselves,and each of our heirs, executors,administrators,successors,and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the Principal, his,her,or its heirs,executors, administrators,successors or assigns,or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code('Claimants)for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract,or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted,withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorneys fee In an amount foxed by the court. PAYMENTBOND Page I of 2 IS�SSa/117357 Surety stipulates and agrees.for value received,that no change,extenaror,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 riot,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 wanes the provisions of California Civil Code§§ 2845 and 2849 IN WITNESS WHEREOF.each parry 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'a 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. April 15 2021 ATTEST GEM Construction, Inc ;Corporate Seal) {rrgxipal BY /. Narita: H Aiz c i YLL44OY4►✓ TMa:�2t5Jtiyrxfi ATTEST The Ohio Casualty Insurance Company (Corporate Seal) (Sun ame) 8Y Name Yuna T ullick Aftorne -in-F t (Sign of Adomey-.n-Fact for 5 ry) (Aftecn Adomey-rn f act Certificate) (B1D 357-9500 xJt 177 (Area Code s Telephone Nurturer fa Surety) APPROVED AS T ey eel E.Gales, rtY eomey l Note- This bond must be eA attired in dup4'efe ad dared all signatures must be notarized. and evidence of the aumorrfy,of any person sgnaq as artomeywH/atl moat be aftaNred PAYMENT BOND Page 2 of 2 1 5 4 514/11 73 5 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Pk 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 APR 15 2021 befor8 me Irene Luong Notary Public, Dale iraw Name of Nobry exactly as a sppena oa M aaril mw personalty appeared Yung T. Mullick Names)of Sgner(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/shefthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the MENE LUONG person(s). or the entity upon behalf of which the person(s) Notary PubNr_catxarrYa acted, executed the instrument Y comrrus o,r=xn69 I certify under PENALTY OF PERJURY under the laws of Aycomm.Exprelld27.2021 the State o4aiclal� California the foregoin aragraph is true and correct Witness mySignaturesPlace Notary Seal Apove d2 l ne u ng 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 i Title or Type of Document Document Date Number of Pages Signeris) Other Than Named Above' Capacity(ies)Claimed by Signer(s) Signer's Name Signer's Name ❑ Individual ❑ Individual ❑ Corporate Officer—TRie(s). ❑ Corporate Officer —Ttle(s)- ❑ Partner ❑Umited ❑General ❑ Partner ._.Limited�] General ❑ Attorney in Fail ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator Top d Thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other ElOther 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. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No:8205249-024096 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 Stale of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Stale of Massachusetts,and West American Insurance Company is a corporation duty organized under the laws of the State of Indiana(herein collectively called the'Co mpanies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint Christine I loang,Danielle Ilanson,Emilie Geove,Irene Luong.James W'.\loilanen-1'.Austin Nett Yung 1.Mlullick all of the dry of ',fission Vicio state of CA each individually if there be more than one named,its true and lawful alt mey+n-fact to make, execute,seal,acknowledge and deliver,for and on its behad as wrery and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of thew presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secrelary 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 Co n ianies and the corporate seals of the Companies have been affixed thereto this Sth day of April _ 2021 Liberty Mutual Insurance Company r`msUq, �sv INSba asuR, The Ohio Casualty lnwrance Company ico�rOV a~T 'J3 drOW�o yt, 4r o^rOti�^'rn West American lnsurante Company F ^a1912C ! _ �1919F n s 31991 ° ; �/�///JJJ By: m David M.Carey,Assistant Secretary �7 v to State of PENNSYLVANIA ss N & County of MONTGOMERY u N On this Sth of Aril 2021 before me 7� day p personelty appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty huNel Insurance t} 02 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 fa the purposes 0)> therein contained by signing on behalf of the corpomIgms by himself as a duly authorized officer. S Nm a � IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the clay and year first above written. cN O +Po weS.Tf canlo,.mtln d o®ve d`0 FPo� Yy�y T.PoYtla.NWryy Seel p !D of x --ixryCCWIy /', , - 1 NCNt C m MYmmA¢xon.re.m MwN 29.A28 gy; /YI.(kf/ P Cmmaam nvADer tl]&N, T+'� IJiy +ay w,w.A.r.,..,««o..,W.,v,an°.�.. Taew PasLeila,Notary Pudic Q This Power of Attorney is made and executed pursuant to and by Whomy of the fdiowrrg By-laws and k1cinzations of The Ohio Casualty lnwrance Canpany,Liberty Mutual Insurance o� Company,and West American lnwrance Company which resolutions are now in full force and effect reading as follows: N d ARTIC LE IV-OFFICERS:Section 12.Pcwa of Attorney. @ An officer a other official of the Co v T y rporation authorized for that purpose in writing by the Chairman or the President and subject to such irtiation as the Chairman or the Resident CD — u may prescribe,shall appoint such attorneys-in-fad,as may be necessary to act in behalf of the Corporation to make,exexite,seal,acknowledge and deiver as surety any and all i!t i LD undertakings.bands,recognizances and other surety obligations.Such altorneysin-fad,subject to the finuta0als set forth in their respectrve powers of attorney,shall have fug (3 o - power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When se execrated,such instnlments shag 4f Z u be as binding as if signed by the Resident and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the provisions of this t%t article may be revoked at any time by the Board,the Chairman,the President a by the officer or officers granting such power or authority. -Q ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman a the president and subject to such imitations as the chairman a the president may prescribe, shall appoint such allomeysin-fact as may be necessary to act in behag of the Company to make,execute,seal.acknowledge and deliver as surety any and all undenaki gs, bonds,recogdzancets and other surely obligations.Such aflane".1ad sulnject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and exeution of any such instruments and to attach thereto the seal of the Company.When w executed such instruments shall be as binding as it signed by the president and attested by the secretary. Certificate of Designation-The Resident of the Company,acting pursuant to the Bylaws of the Company,authorizes David M Carey.Assistant Secretary to appoint such aComeysin. fad as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as wrery any and all undertakings,bonds,remgnizances and other wrery obligations. Authorization-By unammaas consent of the Co npanys Board of Directors,the Company consents that facsimie a mechanically reproduced signature of any assistant secretary of the Company,wherever=j upon a certified copy of any power of attorney issued by the Company n connection with wrery bonds,shag be valid and binding upon the Company with the same face and eflr,]as trough mmtualty affixed. I,Renee C.Umellyn,the undersigned,Assistant Secretary, The Ohio Casualty lnwrance 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 lull,true and correct copy of the Power of Attorney exeated by said Campades,is in full face and effect and has not been revoked, IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 15th day of April 2021 0--26'7 �0-" lY INSp INSU c1919m, s 1991 cr o N,,,.,eF�+D�cr rs�w°,...�an By.Renee C.Llewellyn,Assistant Secretary M . ? u S-12873 LMIC OCIC WAIC Mule Co e221 BOND NO.024249016 BOND PREMIUM IS$13,561.00 WHICH IS SUBJECT TO CHANGE BASED ON FINAL CONTRACT PRICE BOND ISSUED IN DUPLICATE PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as'City�has, by written agreement dated { 20 ,entered into a contract with I GEM Construction Inc _ 3535 Farquhar Ave#2. Los Alamitos CA 90720 (name and address of Contractor) (hereinafter referred to as'Principal'),for performance of the work described as follows: Central Park Restrooms Phase 3 CC No 1608 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contractl, are incorporated herein by this reference made a part hereof as though set forth herein in full;and Said Principal is required under the terns of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as'Surety);and Surety is certified and listed in the U.S. Department of the Treasury Circular 570. and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies,such as from A.M.Best,Moody's, or Standard&Poofs,to validate that Surety has positive ratings of being secure or Stable;and Surety is registered and listed with the California Department of Insurance, NOW, THEREFORE,we,the undersigned,as Principal,and The Ohio Casualty Insurance Company 175 Berkeley Street, Boston. MA 02116 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of Five Hundred Forty Two Thousand, Four Hundred Twenty Four and 00/100 Dollars($ 542,424.00 ),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)f 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 it the Principal shall indemnity and save harmless City and all of City's officers,agents and employees(hereinafter collectively referred to as"Obligees')fromany and all losses, liability and damages, claims,judgments,stop notices, fees and costs of every description,whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the pan 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 vold; 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 154594/117174 Bond No. 024249016 to automatically adjust the penal sum of this Bono to reflect such adjustments,alterations,changes, deletions,additions or other modifications Surety agrees to provide written confimhabon of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code§§2845 and 2849 The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF,each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the late set forth below,that the name of each corporate party being affixed hereto is such party'&proper legal name and that the individuals signing this instrument have been duly authonzed 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. April 15. 2021 ATTEST GEM COfBtUUcticn Inc. (Corporate Seal) %' d lYafrtaI n: 7 2Av`Ca+� TNb: ATTEST The Ohio Casualty Insurance Company (Corporate Sea;) IS Na e) By Name: Yuri Mullick Attorne -in-F I m of Ahomei for S 1 IAttacn Attomey-in Fact Cerrficatel -517) Areof Code d Telephone Number for Surety) APPROVED AS TO F By klhaal E.Gates.City Ammey� t'r�af Nl� C11 Note This bond must oe executed n duplicate and dated,el!signatures must be notarized, and evidence of Me sufhoMy of any perscn$Wirig as adorney-m4act must be WacYred PERFORMANCE BOND Page 2 of'_ 5 45941l n I;4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On NPR 1612021 before me. Irene Luong . Notary Public, Ira"Nema or Notory emery as it spprn w do o111rI aW personally appeared Yung T. Mullick N "(s)of S�gMrt.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/shetthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the IPENE WONG person(s), or the entity upon behalf of which the person(s) NowyPuplc roma acted. executed the instrument page Coumy 3 Gommrs w,e2x'r6S 1 certify under PENALTY PERJURY under the laws of My Cwvm.E.pr"Vu 7.7071 the State of California t foregoing p rapIn is true and correct Wtness hand and seal. Signature Paw Noary Seal Above Sigrak"d N Public Irene uOng 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 Offioer—Tdle(s). ❑ Corporate Officer Title(s) ❑ Partner ❑Limited ❑General ❑ Partner i_Limited [ , General ❑ Attorney in Fact Attorney in Fact ❑ Trustee Trustee ❑ Guardian or Conservator rTopof here L Guardian or Conservator lop of thumb here ❑ Other. ❑ Other Signer Is Representing i� Signer is Representing — i 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. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No.8205249-024096 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a capormon duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Canpanry is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duty organized under the laws of the State of Indiana(herein collectively called the'Companies'),pursuant to and by authority herein se(forth,does hereby name,constitute and appoint Christine Iloang-Danielle Hanson.Emilie Gcoge,Irene Luring,James W.Ntoilanen.P.Amain NOT.Yung"f.\lullick all of the city of Mission Viejo state of CA each individually if there be mare than one named,its true and lawful ataney-in-fact to make, execute.seal,acknowledge and dealer,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 Attomey has been subscribed by an authorized officer a offpial of the Comparues and the corporate seats of the Companies have been affixed thereto this Sth day of April 2021 bboty Mutual Insurance Company hNsuq, 'xtY INSt, a hHsuR' The 01 Casualty Insurance Company ,5 jjoovoR,o m 'J3`oarogc o'Pq= Vr+crva,p+r yn West American Insurance Company 00 a rr�912' o c 1919 n i 1991 ; p�/^e% /a+ n / C N y c we�aD O�x,t rs"�JD .� �xouwr dD y C qiy yin' .ayt ya 'xM g� By: -m David M.Carey,Assistant Secretary m State of PENNSYLVANIA d rn County of MONTGOMERY tu On this Slh of April 0_1 before me 7� _day p '_ ' personally appeared David M.Carey,who anknowledglxi himself to ce the Assistant Secretary of Liberty Mutual Insurance i7 o to Company, The Ohio Casualty Company,and West Amencan Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes a therein contained by signing on behalf of the corporauahs by himself as a duly authorized officer. rim .D IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Russia,Pennsylvania,on the day and year first above written. T Uy( 0 N b5P P4g f Cmxmrvmm:a Pwuyvave.No B.al di 0ru o+woewp��Cf iaexa Poem.Nc+w Pttic a(--, 02 M'¢mM1M CYICx MtlC1'le.M[$ C P Wrvrmm nunCer 112a141 By. z m� •y,"Nsrtiva•`D,E, xtercw,PewyltiW AM[a:an a aw.w eresa Pastella,Notary Pudic Q O to 775Rw O.f� �� O N c 2 This Power of Attorney is made and executed pursuant to and by authortyy of the following By-laws and Authonzations of The Ohio Casualty Insurance Company,Liberty Mutual Insurance EE Company,and West Amencan Insurance Company which resotutons are now in full face and effect reading as follows: N tu ARTICLE IV-OFFICERS:Section 12.PowrofMoney. At officer brother official of the y Corporation authorized for that pu pose in wrung M he Cha man a the President,and sub ect to such tmi a an as t e Cho men a he President to may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,sea],acknowledge and deliver as surety any and all Mi1f j undertakings,bands,recognizances and other surety obligations.Such attoneysan-fad,subject to the limitations set forth in ttxv respective powers of attorney,shall have full R C7 o paver to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal or the Corporation.When so executed,such instruments shall 3k5 41 2 be as binding as if signed by the President and attested to try the Secretary.Any power a authority granted to any representative or attormey-in-fact under the provisions of this dKSS article my be revoked at any time by the Board,the Chairman,the President a by the officer or officers granting such pave a authority. -Q ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. 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, shall appoint such atemeysan-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 allo neysin-fact subject to the Initiators 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 it signed by the president and arrested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes DaMd M Carey,Assistant Secretary to appointsuch aftaneysin- fact as may be necessary to ad on behalf of the Company to make,exeale,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 obri that farsimde a mecihanicaty reproduced signature of any assistant secretary of the Canpany,wherever'eppooaarinyhg 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 face and ef1eU as thcugh manually affixed. I,Renee C.Uewatyn,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 ol attorney of which the foregoing is a full,true and correct copy of the Paver of Attorney executed by said Companies,is in fun face and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this I5th day of April 2021 `\NSU `all IN3U � 1XSU AJP`owroV��{C J'oo•roti+� up co"rO��~n as `^am 1 ^o n u A� � u m W .+ m ,�,'y . . 19T2 8 c i 1919. o < 1991 o W"'� r By r@q�°'."}paD Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC'NAIC Muir Co 02/2 h ceer VAIA Document A310TM - 2010 Bid BondBid Bond No:N/A CONTRACTOR: SURETY: . (A'arne. legal siatut and address) (.Name, legal stanbs and principal place GEM Construction, Inc. ajhltsirtess)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 (Name. legal.siants and address) respect to its completion or modification. City of Huntington Beach 2000 Main Street 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 Phase 3 (:Yalne, location or address, and Project number, if anr) Project Number, if any:CC No. 1608 -. The Contractor and Smuty are bound to the Owner in the amount set forth above,for the payment of which the Gnntractm and Surely bind themselves.their heirs,executors,administrators,successors:+nd assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor w'ithig the timc,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 thejllrisdiclion 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 if,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 Surely 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 he deemed to be Subcontractor and the term Owner shall he deemed to be Contractor. When this Bond has been famished 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 constmed as a stamlory Fund and not as a common law bonrl. Signed and sealed this 19th day of March 2021 GEM Construction,Inc. . - (Principal) (Seal) (B'irness) .. - mde) - The Ohio Casual ®ran_ _ pany ($ure0 (Seat) (Ifitness! (Yule) Yung ullick,Attorney-in-Fact Init. A I A Document A310`e-2010.Copyright 0 1963. 1970 and 2010 by The Amedun Inset of Archilttts.All righu rvservad.RWHNING:This AtA- Document is protected by U.S.Copyright Law end International Testae.Uneutharizod reproduction or distribution or this AIA-Document,or any portion of it,may result in severe civil and criminal penalties,and win be prosecuted to the maximum extent possible under the law.This J document was created on 01212012 0t23:12 under[ere terms of AP,Documonts-on-Demand^order no. 2008397483,and is not M sidle.Tne document 6 licensed by The Ames.n Institute of Architects for one-ums use only.and may not be rabroo.ced nrim to its comelebon,ear„e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On MAR 19 2021 before me, Irene Luong Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Yung T. Mullick Name(s)of Signers) 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/hentheir authorized capacity(ies), IPENE LUOt+G and that by his/her/their signature(s) on the instrument the No[arI EuhliIJONG:ornia person(s), or the entity upon behalf of which the person(s) —'e*�• orange County acted, executed the instrument. 3 Commission s 2207169 My Comm.Expires Ju127.2021 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness hand an I iF al s I Signature I 1VN n Place Notary Seal Above Signature of N wry Public Ire a Lu ( 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 Cl Attorney in Fact ❑ Trustee • ❑ Trustee • ❑ 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. Liberty 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 Casually Insurance Company is a corporation duty organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duty Organized under the laws of the Stale of Indiana(herein collectively called the'Canpanies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint. Fund to George;Irene Luang;James W.Moilanen;}'ung'f.Mull tick;P.Austin Neff all of the city of Oakland state of CA each Ndividually if there be more than one named,its We and lawful anoney-m-fad to make, execute,seal,actmawdedge and deliver,for and on its behalf as surety and as is ad 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 130h day of January 2020 Liberty Mutual Insurance Company P�tNSUq_ P`SY INSU alNSU/rq The Ohio Casualty Insurance Company �J ooasoq�YY2n yJ oreoq��'epy UP+owvoq�� {C West American Insurance Company 1912 n a 1919 n s=. 1991 n S ? •o n` � S o m w "o ton o) d.J °•cNu'+°dD O e4w.wesA dD ♦s 'woinx. dD ' a By: _m David M.Carey,Assistant Secretary m State of PENNSYLVANIA ss 4J County of MONTGOMERY M c 0 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 Insuraxe 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 LLl Nereus contained by signing an behalf of the oaporatias by himself as a duly authorized officer. y m C � IN WITNESS WHEREOF,I have hereunto subscribed Ion name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year fast above wTittan. �CL C'y 02 4.Sp eIy STF COMMONWEALTH OF PENNSYLVANIA 6 ) OF Tereea Pnwle,Notary Palk re R My Fk�ip�Tw pxxsmsinxiry CdYlly By: MY Ca^��^oek�E�PRx MmCi 29,2o]t coy v'h•.`wA F., M�,�N����a�,n Teresa PastElla,Notary Pudic pp �y 4qy Pit- NO N This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual Insurance O-S Company,and West American Insurance Company which resolutions are now in full face and effect reading as follows: O p m ARTICLE IV-OFFICERS:Section 12.Power of Attorney. 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 President O u may prescribe,shall appoint such attorneys-in-tad,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety any and allto C v undertakings,bonds,recognizances and other surety obligations. Such attaneysanfact,subject to the limitations set forth in their respective powers of attorney,shall have full o power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Capmbon.When so executed,such instruments shall €N Z u be as binding as if signed by the President and attested to by the Secretary.Any power a authority granted to any representative a attomeyin-fact under the provisions of this he article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power a authority. �C ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Underuldrgs. 019 Any officer of the Company authorized for that purpose in writing by the chairman a the president and subject to such imitations as the chairman a the president may prescribe, ~ shall appoint such anomeysmin-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 odgatlms.Such adameys-inJacl subject to the limitations set forth in their respective powers of attorney,shall have lull 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 shag 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 attaneysin- fad 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 Covparys Board of Directors,the Company consents that facsimile a 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 bands,shag be valid and funding upon the Company with the same face and effect as though manually affixed. I,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 adaney of which the foregoing is a full,true and tamed copy of the Power of Attorney executed by said Companies,is in full face and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this loth day of March 2021 'SV INSU.D d \N SU/r, oavax��Yq� `P 4oNoly�e M1� (9 (00 1919m, � 31991 � n �iaLlGy� �.Nr•r�y D; ♦ w... D; By: hz 1,�d send . �d Renee C.Llewellyn,Assistant Secretary LMS-128Ta LMIC OCIC WAIC MI Ca tb19 No. 5133-4 STATE OF CALiFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY,Thai,pursuant to the Insurance Code of the State of California, The Ohio Casualty Insurance Company of New Hampshire,organized under the laws of,Vew 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 hereofnow and hereafter being in full compliance with all,and not in violation of arty,ofthe applicable laws and lawful requirements made under authority of the laws of the State of California ae 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'a day of March, 1013,1 have hereunto set my hand and caused my official seal to be ajfaed this 190 day of March, 2013. Dave Jones lruwaru'e CsmmLrr/anrr By Valerie 1.Sarfaty for Nettie Hoge 1111 chtefD"o NOTICE: Qualification with the Secretary of State most be accomplished as required by the California Corporations Code promptly after issuance of this Certificate ofAuthority. Failure to do so will be a violation ofInsurance,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, "SEALED BID" for CEN RA1, PARK RES HOOiNIS PIIASE 3 in the CITY OF HUNTINGTON BEACH - DO NOT OPF\ \PITH REGULAR NIAII, DELIVER TO THE OFFICE OF THE CITY CLERK, 2000 MAIN STREEF, SECOND FLOOR cal 0 Ij G . RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Dare) 0,4 ; itT CITY OF HUNTINGTON BEACH IOU INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: , '` &Aza12� SUBJECT: Bond Acceptance I have received the bonds for iOM (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. �lnL�,�' Agendaf4 m No. )/-,,2yy MSC No. City Clerk Vault No. 6!,e) J. 5V Other No. SIRE System ID No. StiyzgsOy gltormstbond transmittal to treasurer City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ �Niv v.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk June 17, 2021 Gem Construction, Inc. Attn: Harry Muradyan 2158 Pacific Ave. Long Beach, CA 90806 Re: CC 1608 —Central Park Restrooms Phase 3 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517. Sincerely- Robin Estanislau, CIVIC City Clerk RE:ds Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand City of Huntington Beach File #: 21-268 MEETING DATE: 4/19/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Sean Crumby, Director of Public Works Subject: Accept the lowest responsive and responsible bid, approve appropriation and authorize execution of a construction contract with GEM Construction, Inc., in the amount of S542,424 for the Central Park Restrooms Phase 3. CC-1608 Statement of Issue: On March 25. 2021 , bids were publically opened for the Central Park Restrooms Phase 3, CC-1608. City Council action is requested to award the construction contract to GEM Construction, Inc., the most responsive and responsible bidder. Financial Impact: Total construction cost for the project, including contingency, is $723,788. A total of $490,869 is available in the Quimby Fund, Account No. 22645010.82900, along with $70,000 in the Infrastructure Fund, Account No. 31440001.82800. An appropriation of$162,919 is requested from Fund 226 as part of this City Council action. Recommended Action: A) Accept the most responsive and responsible bid submitted by GEM Construction, Inc., in the amount of $542,424; and, B) Appropriate $162,919 in additional funding from the Fund 226 balance; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, or provide staff with alternative action. Analysis: This proposed contract award is for the fifth of a total of six restroom improvements within Huntington Central Park. As part of the necessary improvements, the Community and Library Services Department, working with the Central Park Subcommittee, has elected to construct the new restroom City of Huntington Beach Page 1 of 2 Pnnted on 41l4=21 c-ne-eC5Q yea spa File #: 21-268 MEETING DATE: 4/19/2021 at the bottom of the amphitheater, instead of its current location at the top. Relocating the facility to the bottom of the amphitheater will provide better accessibility and eliminate the necessity to utilize portable toilets during permitted events. This will require construction of a pump station to connect the sewage to existing lines in the area. The proposed restroom will have six stalls and will also include a new drinking fountain. Bids were publicly opened on March 25, 2021, with the following results: BIDDER'S NAME BID AMOUNT (Amount Read at Bid Opening and Basis of Award) GEM Construction, Inc. $542,424 Fleming Environmental, Inc. $816,801 ID Builder Bid Withdrawn Staff recommends awarding a contract to GEM in the amount of $542,424. GEM has recently provided acceptable work in the City of Huntington Beach in constructing similar Romtec buildings, including a restroom. GEM constructed a new restroom at Worthy Park in 2019, and installed the sports team room at the Sports Complex in 2017. The total project cost is estimated to be $723,788, which includes the construction contract, project management (S100,000), and fifteen-percent (15%) construction contingency ($81,364). Public Works Commission Action: The Public Works Commission reviewed and approved CC-1608 on February 17, 2021, with a vote of 6-0-1 (Commissioner Ferlita-absent). Environmental Status: The project is categorically exempt pursuant to Class 1 , section 15031d of the California Environmental Quality Act. Strategic Plan Goal: Infrastructure & Parks Attachmentls): 1 . Location Map City of Huntington Beach Page 2 of 2 Printed on 4/142021 oowereAF Lepstar S eO 9ti Goo r 0 CENTRAL PARK RESTROOM PHASE 3 BOLSAN AVE. c° CC-1608 O G G AN AN a Mc ADDEN NAVE. PROJECT EDINGER AVE. AREA 3�q CENIRAL FCC .CI ! 00 ZHEI-.0 AVE. CLfdIR P.L Pt�M RN K •__ PROJ CT N a g WARNER w AVE. N �, LOCATION 0 No z o \ SLATER 3 0 AVE. 405 w TALBERT VE. PACIFIC ,o ELL15 AVE. �1. GARFIELD AVE. YORKTOWN AVE. N 3~ FUN ZINC BAN 13FA.CH CLNIRrAL ADAMS AVE. N LIBR/\RY O bCr y pF INDANAPOL IS AVE. o L Z 3J o 0 9 TLANTA Z AVE. m 2 V U Z m HAMILTON m AVE. i Hk} BANN NG �� OCEAN AVE. y/< IAf F3FRT AVF. NTS VICINITY MAP LOCATION MAP N.T.S. N.T.S. 52 Em fi/r 313#021 A& 31i,1?oz1 SECTION A 31/s/-M4 NOTICE INVITING SEALED BIDS for the construction of CENTRAL PARK RESTROOMS PHASE 3 CC No. 1609 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 10:00 AM on March 25,2021. Due to the COVID-19 pandemic, hand delivered bids will only be accepted between the hours of 9:00 AM and 10:00 AM, immediately outside of City Hall 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 and allow for additional bid processing and acceptance times due to the safety measures described above. The bid opening date will be on 10:00 AM on March 25,2021. 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 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: httt ://www.huntingionbeachca.gov/govemment/deoartments/r)ublic 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 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 a new location closer to the main walking path. Additionally, a new sewage lift station will be constructed near the new restroom to pump restroom effluent to an existing manhole. Materials for the construction of the new restroom building will be purchased from Romtec and be provided by the City. Utilities shall be capped and abandoned at the existing restroom site and new utility connections will be established for the new restroom and lift station. The Romtec restrooms will be delivered onsite approximately 10-12 weeks from the Award. The Contractor will be responsible to unload and secure the City furnished Romtec materials. This project will require that the existing bathroom be demolished after the new restroom has been open for public use. The engineer's estimate for this project is $450.000. The contract shall allow the Contractor 120 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 29th day of June 2020, by Resolution No. 2020-39. Attest: /sl Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGFON BEACH Switzer, Donna From: Christine Gonzalez <cgonzales@scng.com> Sent: Wednesday, March 3, 2021 3:02 PM To: Switzer, Donna Subject: Re: NISB CC No. 1608 Attachments: 11446839.pdf Cost $1 .300.00 pub Hb Wave 3/11, 3/18. Legal Advertising Chrissy Gonzalez 2190 S. Towne Centre Place, Suite 100 Anaheim, CA 92806 714-796-6736 M-F 8:00 a.m. - 4:30 p.m. Closed Sat. and Sun. On Wed, Mar 3, 2021 at 1:55 PM Switzer, Donna<Donna.Switzeraa surfcity-hb.ore> wrote: Hi Chrissy, Please publish the attached NISB for CC No. 1608 on March l Ith and 18d , 2021, Thank you! 'Donna SWLt�er, CMC Deputy City Clerk - City of Huntington Beach 2000 Main Street- Huntington Beach, CA 92648 (714)374-1649 t SECTION A NOTICE INVITING SEALED BIDS for the construction of CENTRAL PARK RESTROOMS PHASE 3 CC No. 1608 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 Proiects 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 10:00 AM on March 25, 2021. Due to the COVID-19 pandemic, hand deliv- ered bids will only be accepted between the hours of 9:00 AM and 10:00 AM, immediately outside of City Hall Civic Center entrance,on the day of bid. Bids will be publicly opened in the some area to allow for social distancing. It is advised that bidders arrive earlier than normal to deliver bids and allow for additional bid processing and acceptance times due to the safety measures described above. The bid opening date will be on 10:00 AM on March 25,2021. 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 of a$30.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay addition- al costs for special delivery). Plans, Specifications, and contract documents can be down- loaded free on AGENCY website at: h It P,/Avww.hunti ngionbeachco.gov/government/dem rf men Is/public works/B'tls/ Open website,then click on"Current Advertised Proiects"tob. 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 rote of per diem wages for each craft, classification or type of work- man 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 oil progress Payments. The Contractor may substitute on escrow holder surety of equal value to the retention in accordance with the Provisions of the Public Contract Cade, 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 of- forded 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 consider- otion leading to the award of contract. No bid shall be considered unless it is Prepared on the approved Proposal farms in conform- ance with the Instructions to Bidders as determined by the AGENCY. The bid must be ac- componied by a certified check, cashiers check, or bidders 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 pos- sess o State Contractors License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to Possess business li- censes from the AGENCY. All extension of unit prices will be subiect to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Prolect 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 a new location closer to the main walking path. Additionally, a new sewage lift station will be constructed near the new restroom to Pomp restroom effluent 10 an existing man- hole. Materials for the construction of the new restroom building will be Purchased from Romtec and be Provided by the City. Utilities shall be capped and abandoned at the existing restroom site and new utility connections will be established for the new restroom and lift station. The Romtec restrooms will be delivered onsite approximately 10-12 weeks from the Award. The Contractor will be responsible to unload and secure the City furnished Romtec materials. This proiect will require that the existing bathroom be demolished after the new restroom has been open for public use. The engineer's estimate for this proiect is 5450,000. The contract shall avow the Contractor U0 working days to complete the contract. The AGENCY reserves the right to reiect any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH,CALIFORNIA. the 29th day of June 2020,by Resolution No.2020_39. Attest: /s/Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Wave March 11, 18,2021 11446839 Huntington Beach Wave PROOF OF PUBLICATION 2190 S.Towne Centre Place Suite 100 Anaheim, CA 92806 Legal No. 0011446839 714-796-2209 5190751 HUNTINGTON BEACH, CITY OF CITY CLERK DEPARTMENT 2000 MAIN ST HUNTINGTON BEACH, CA 92648-2763 FILE NO. NISB CC No. 1608 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA. l Jl SS. County of Orange I am a citizen of the United States and a resident of the County aforesaid, I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Huntington Beach, County of Orange, State of California, that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 03/1112021, 03/18/2021 1 certify(or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: March 18, 2021. C, ,12�uoaj Signature cV+n L:v+e 1 SECTION A NOTICE INVITING SEALED BIDS for the construction of CENTRAL PARK RESTROOMS PHASE 3 CC No.1608 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 10:00 AM on March 25, 2021. Due to the COV I D-19 pandemic, hand deliv- ered bids will only be accepted between the hours of 9:00 AM and 10:00 AM, immediately outside of City Hall Civic Center entrance, on the day of bid. Bids will be publicly opened in the some area to allow for social distancing. It is advised that bidders arrive earlier than normal to deliver bids and allow for additional bid processing and acceptance times due to the safety measures described above. The bid opening date will be on 10:00 AM on March 25,2021. 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 of a S30.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay addition- al costs for special delivery). Plans, Specifications, and contract documents can be down- loaded free on AGENCY website at: http://www.huniingtonbeachco-gov/government/deW ments/public warks/BidS/ Open website,then click on"Current Advertised Proiects"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 work- man needed is 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 af- forded 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 consider- ation leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conform- ance with the Instructions to Bidders as determined by the AGENCY. The bid must be ac- companied by a certified check, cashier's check, or bidder's band made payable to the AGENCY for on 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 Pos- sess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business li- censes 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 rest- room in Huntington Central Park and the construction of a new Romtec modular restroom at a new location closer to the main walking path. Additionally, a new sewage lift station will be constructed near the new restroom to pump restroom effluent to an existing man- hole. Materials for the construction of the new restroom building will be purchased from Romtec and be provided by the City. Utilities shall be capped and abandoned at the existing restroom site and new utility connections will be established for the new restroom and lift station. The Romtec restrooms will be delivered onsite approximately 10-12 weeks from the Award. The Contractor will be responsible to unload and secure the City furnished Romtec materials. This project will require that the existing bathroom be demolished after the new restroom has been open for public use. The engineer's estimate for this project is S450,000. The contract shall allow the Contractor 120, 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 291h.day of June 2020,by Resolution No. 2020_39_. Attest: /s/Robin Estanislau _ CITY CLERK OF-THE CITY OF HUNTI NGTON BEACH Published Huntington Beach Wave March 11, 18,2021 11446039 2 312s►21 N W _ � a M � MA?-Ctf 26, 20ZI l0: 00 AM >p1e;)21 G � ILK'S CITY OF HUNTINGTON BEACH PROJECT NAME: Central Park Restrooms Phase 3 CC#: CC 1608 BID OPENING DATE: 3/25/2021 TIME & LOCATION: 10 00 AM in Council Chambers ENGINEER'S ESTIMATE: $450,000.00 BIDS SUBMITTED (AS READ AT OPENING) BIDDER'S NAME FINAL APPARENT BID RANK AMOUNT Fleming Environmental, Inc. `j 1 i1,1 GEM Construction Inc Zt I RSB Group (f2tl �JC M1 000 10 1 PTS_12062018_Version_15_CC1608 UNSUCCESSFUL BIDS CC No. 1608 Central Park Restrooms Phase 3 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk I7,1909 Robin Estanislau, City Clerk August 30, 2022 Aid Builders Inc. 10605 Bloomfield St. Los Alamitos, CA 90720 RE: Central Park Restrooms— Phase 3—CC No. 1608 Enclosed please find your original bid bond for CC No. 1608 Sincerely, &i Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister City. Anjo, Japan SECTION C PROPOSAL for the construction of CENTRAL PARK RESTROOM PHASE 3 CC No. 1608 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 120 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 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 •Bidder's Signature 1 3/23/2021 C-2 SECTION C PROJECT BID SCHEDULE CENTRAL PARK RESTROOM PHASE 3 CC 1608 Item Description Quantity Unit Unit Cosa -Total Cost No. (Extension) 1 Mobilization and Demobilization 1 LS $ 40,000 $ 40,000.00 2 Prepare Storm Water Pollution Prevention Plan(SWPPP) 1 LS $ 10,000 $ 10,000.00 3 Install&Maintain Construction BMPs 1 LS $ 7] 000.00 $ 7,000.00 4 Develop and Implement Site Dewatering for entire project 1 LS $ 17,000 $ 17,000.00 5 Develop and Implement Trench and Excavation safety measures for entire project 1 LS $ 15,000 $ 15,000.00 Construct Romtec Restroom building,drinking fountain,and sidewalk as indicated on plans and specifications. Item includes building permit sign offs, utility connection work, concrete sidewalk,site grading, landscape restoration, G paving,foundations,concrete slab,and all other items necessary to complete work. Romtec building materials and drinking fountain to be furnished by City. Contractor to provide a secure site including space and moving of building materials,which will become the responsibility of the contractor upon Romtec delivery 1 LS $ 160,000 $ 160,000.00 Furnish and install Sewer Lift Station as indicated on plans 7 and specifications. Item include utilities, utility connection, sewer line to restroom, landscape restoration,foundation, concrete, and all other items necessary to complete work 1 LS $ 45,000 $ 45,000.00 Furnish and install new electrical service from existing 8 transformer to new Romtec restroom and lift station including all control panels, conduits,wiring,termination,testing, trenching, appurtenances, paving and landscape restoration 1 LS $ 50,000 $ 50,000.00 Furnish and install new water service to new Romtec 9 restroom and drinking fountain including all materials,testing, trenching,disposal,appurtenances,paving, and landscape restoration 1 LS $ 42,000 $ 42,000.00 Furnish and install new sewer force main and connection to 10 existing sewer manhole including all connections,testing, trenching,appurtenances, paving,and landscape restoration 1 LS $ 8,000 $ 8,000.00 11 Testing and Start-Up for the installed Lift Station 1 LS $ 10,nnn_nn Demolish and dispose of existing restroom. Item includes 12 disposal,abatement as needed,fill,abandoning existing utilities,furnish and install irrigation and turf, paving and all other items necessary to complete work 1 LS $ 35,000 $ 35,000.00 C-2.1 SECTION C PROJECT BID SCHEDULE CENTRAL PARK RESTROOM PHASE 3 CC 1608 Item Description QU!k#tity Unit Unit Coat Total boat No, (Ezteon) TOTAL BID AMOUNT(BASIS OF AWARD)—SCHEDULE $ 439,000.00 TOTAL BID AMOUNT IN WORDS: Four Hundred Thirty Nine Thousand and zero 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-2.2 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 Items) Subcontractor License Registration# Amount Contract Number Gami Construction 6,12 16567 Bayleaf Ave 1049632 c-12 1000064052 90,000.00 20% Fontana CA 92337 Genesis Electric 8 P.O. Box 174 685038 C-10 1000042399 35,000.0 8% Norwalk CA 90651 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 3/24/21, at Los Alamitos , CA Date City State Ed H Albadry , being first duly sworn, deposes and says that he or she is President of Aid Builders, Inc. the party making the foregoing bid that the bid is not made in the interest of,or on the behalf of,any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the bid are true;and,further,that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Aid Builder's/Inc Name of e'r Sig r of Bi der 10605 Bloom ield Street Los Alamitos CA 90789 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 PHASE 3,(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. Aid Build s, Inc. Contra r BVV Ed H Al adry President Title Date: 3/24/2021 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 3 No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Aid Builder , nc. Contracto By Ed H Albad President Title Date: 3/24/2021 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Aid Builders, Inc. Bidder Name 10605 Bloomfield Street Business Address Los Alamitos CA 90720 City, State Zip ( 562 )296-8773 ealbadrv(a-,aidbuilders.com Telephone Number Email Address 800389 Class A, B and C-36 State Contractor's License No. and Class 10/19/2001 Original Date Issued 05/31/2021 Expiration Date The work site was inspected by Ed H Albadry of our office on 3/19/2021 , 201_. The following are persons, firms, and corporations having a principal interest in this proposal: Aid Builders.Inc. Ed H Albadry President Silvia J Virgen Secretary The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the propose work and improvements in accordance with the plans and specifications set forth. Aid Builders, Inc. Company Name c Signature of Bidder ju Ed H Albadry, President Printed or Typed Signature C-8 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Q1�'Gln Ge On 3/23/Z0Z before me,J11 (a V 1r ChKAQyH 'P Llk Date IIa Here Ins rt Name and Title o the Officer personally appeared Ea +A• P nn t'l' . y'U Name( ,sf of Signer$) who proved to me on the basis of satisfactory evidence to be the personRwhose named is/w6 subscribed to the within instrument and acknowledged to me that he/she bey executed the same in his/FWltWir authorized capacity(ies),and that by his/lieF/LAigir signatureWon the instrument the person(y);or the entity upon behalf of which the personM acted, executed the instrument. I certify under PENALTY OF PERJURY under the SILVIAJANETVIRGEN laws of the State of California that the foregoing NotaryPublic - California z paragraph is true and correct. z Los Angeles County z Commission a 2203539 WITNESS my hand and icial seal. My Comm.Expires Jul 1,2021 - Signature Place Notary Seal and/or Stamp Above Sign Lure of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer— Title(s): ❑ 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: ©2018 National Notary Association 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. Construction of sewer lift station."}. 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: r a ��J�,�'t> �V UO 1 Azusa USD,46 S CItrus Avenue,Azusa CA 90241 C (-t trR- Name and Address of Public Agency ( < Name and Telephone No. of Project Manager: Chuck Harik, 626-859-0011 650,000.00 Underground Utilities Jan 2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Replacement of all underground utilities for the entire middle School(restrooms included) UG Utilities Replacement and MPR HVAC Replacement Cemter Middle School 2. Arcadia Unified School DIstrict 150 S 3rd Street Arcadia CA 91006 Name and Address of Public Agency Name and Telephone No. of Project Manager: Chuck Harik 626-859-0011 350,000.00 New Building Jan 2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: New building, construction of a restroom and a Remodeling a Kitchen at MOT 3. City of HAwaiian Gardens 21815 Pioneer Boulevard, HAwaiian Gardens Name and Address of Public Agency Name and Telephone No. of Project Manager: Neema Ghanbari 562-420-2641 450,190.00 Renovation Center April 2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Remodeling of the entire Youth Center including Restrooms. Please Refer to Ed H Albadry for more information about his experience in 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. 1, Ed H Albadry See Attached Resume Name of proposed Project Manager Telephone No. of proposed Project Manager: 626-559-4827 Project Name& Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name& Contract Amount Type of Work Date Completed 2. Ed H Albadry See Attached Resume Name of proposed Superintendent Telephone No. of proposed Superintendent: Project Name & Contract Amount Type of Work Date Completed Project Name& Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed C-11 Ed H. AI-Badry ealbadry@aidbuilders.com Cell Phone#626-559-4827 EXPERIENCE Project Engineer&Superintendent Morillo Construction Inc. 07/2016-2017 • Manages day-to-day operational aspects and scope of a project. • Perform a key role in project planning, budgeting, and identification of resources needed. • Prepare and execute owner change orders, RFI's & payment request. • Prepare and execute sub-contractor change orders. • Create the teams, develop the objectives/goals of each and assign individual responsibilities. • Create and develop 3 weeks look ahead schedule and work with project scheduler to update construction schedule, ensure that construction activities move according to predetermined schedule • Devise the project work plans/schedules and make revisions as and when need arises. • Communicate effectively with the contractors responsible for completing various phases of the project. • Develop team atmosphere between owners. Architects, consultants and contractors. • Monitor the progress of the construction activities on a regular basis and hold regular status meetings. Project Manager GMZ Engineering Inc 08/2014-06/2016 • Oversee the construction project from start to finish. • Perform a key role in project planning, budgeting, and identification of resources needed. • Prepare and execute owner change orders. • Prepare and execute contracts with Contract Administration. • Prepare and execute sub-contractor change orders with support staff. • Create the teams, develop the objectives/goals of each and assign individual responsibilities. • Project accounting functions including managing the budget, tracking team expenses and minimizing exposure and risk in the project. • Ensure that construction activities move according to predetermined schedule • Devise the project work plans/ schedules and make revisions as and when need arises. • Communicate effectively with the contractors responsible for completing various phases of the project. • Develop team atmosphere between owners. Architects, consultants and contractors. Project Manager BOEING Kuwait, Kuwait 12/2012-07/2014 Job Order Contract/ Camp Arifjan USA Army Base • Build and design job order scope of work, for US Corp of Engineers • Drafting a timescale schedule for the job, Estimating costs and setting the quality standards. • Monitoring product standards and implementing quality-control programs. • Liaising among different departments, e.g. suppliers, managers, working with managers to implement the company's policies and goals. • Ensuring that health and safety guidelines are followed, supervising and motivating a team of workers. Estimator Above All Caulking & Waterproofing, FL 01/2012-10/2012 • Identify estimates required and determine bidding schedule • Review project scope, and assign quantity takeoffs. • Search for products suppliers and obtain competitive quotes, • Generate complete bid breakdown in excel sheet, and complete bid proposal in Microsoft word document consistent with company standards. • Develop projects request for Information, submittals, budget and closing documents. • Coordinate and obtain necessary permits required for commencement of construction. • Review design documents for conflicts and completeness and participate in developing/ negotiating contract agreements Site Engineer/Project Manager FTR International Inc, (General Contractors) Irvine, CA 08/2006- 11/2011 • Manage and administer the construction phase of the project including reviewing, analyzing and executing bid analysis. • Monitor submittal review and process and monitor request for Information review and process • Minimizes the company exposure and risk on the project. • Lead and manage various project teams including superintendents, project coordinators, subcontractors and others to ensure all work is completed on time and within budget and in accordance with development and contract agreements. • Prepare and submit monthly, weekly progress reports and cost reports; • Responsible for tracking and reporting team hours and expenses weekly. • Facilitates project team and client meeting effectively. • Hold regular status meetings with project team. • Manages the development of the project team by ensuring that project tasks are in line with each team member's abilities and acknowledges and recognizes each team member's contributions. • Sets and manages client expectations by developing lasting relationships with client personnel that foster good client ties. • Effectively applies company project methodology and enforces project standards, complies and helps to enforce standard policies and procedures. License Contractor/Owner of MBN Builders Inc. (Construction Company) MBN Builders Inc, 800389 Gardena, CA 1/2001-5/2006 • Built Company for public work projects • Completed 14 pubic job projects within five years • Total project management and financial responsibilities of the new company. • Increased company bonding capacity from $250,000 to $1,500,000 in less than 6 months of the company's commencement. Superintendent/Project manager CAL IBA INC.(General Contractar) Los Angeles, CA 4/1995-11/1999 • Creates and executes project work plans and revises appropriately to meet changing needs and requirements of the project. • Identifies resources needed and assigns individual responsibilities to attain them. • Manages day-to-day operational aspects and scope of a project. • Ensures project documents are complete, current, and stored appropriately. • Manages the project budget analyzes project profitability, revenue, margins, bill rates and utilization. • Reviews all project deliverable prepared by project team before passing to client. PROJECTS ✓ Artesia Library(Completion date 07/15/17) $6,500,000 ✓ Moorpark Water Treatment Plant $3,450,000 ✓ Wilson High School, Long beach, CA $9,000,000 ✓ Hawthorne Shopping Center, Hawthorne, CA $15,000,000 ✓ LA Mission College, Sylmar CA $41,000,000 ✓ Pierce College, Woodland Hills, CA $21,000,000 ✓ Camp Arifjan US Army, Kuwait $50,000,000 SKILLS • Computer skills; MS Office, Word, Excel & Power Point • Bilingual (Arabic& English) • Strategic Planning & BSC • Accounting & Financial Analysis (Quick books) • Total Quality Management • Statistics & Probabilities • ISQFT Takeoff. EDUCATION/SEMINARS • Project management,PMI- San Antonio College 1998—2000 • Engineering Management- San Antonio College 1998—2000 • Unleashing the Power within (NLP Training Course) • Construction Management (Turn Key Institute, Los Angeles) • Certified Primavera Construction Schedule Program P3 REFERENCE • Pierre Morillo 626-398-0000 • Project manager at FTR International Inc& GMZ Engineering Owner Ghazi Mubarak Cell: 909-714-9779 • Rafael Medina IOR Ventura Public Works Dep. 805-754-0464 • Matt Huntington Architect 805-656-3522 • Eric Chow P.M CDC LA county 626-437-3749 • Diego Salinas IOR City of Artesia 562-760-3731 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://efil ing.dir.ca.gov/P W CR/ActionServlet?action=di splayP WCRegistrationForm DIR's Contractor Registration searchable database: https:Hefiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Aid Buildersifnc. Contractor 1411 By IV k."/ ealbadry@aidbuilders, Inc. Email Ed H Albadry President Title Date: 3/23/2021 PWC Registration #: 1000049434 C-12 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Central Park Restroom Phase 3, CC-1608 March 18, 2021 Notice to All Bidders: 1) Replace "CC-1608 Romtech Plan Set 1-21-21"with "CC-1608 Romtech Plan Set Addendum No. 1 3-18-21" The bid opening date has not changed and will be March 25, 2021 at 10:00 AM This is to acknowledge receipt and review of Addendum Number O e, date March 18, 2021. (A c Company Name By "')lz3l za z Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Joseph Fuentes at(714) 536- 5431. 1 of 21 Addendum No. 1 PHILADELPHIA INSURANCE COMPANIES A Member of the Tokio Marine Croup BID BOND KNOW ALL MEN BY THESE PRESENTS: That We Aid Builders Inc., as Principal, and Philadelphia Indemnity Insurance Company, a corporation organized and existing under the laws of the State of Pennsylvania, and authorized to do business in the State of California as Surety, are held and firmly bound unto the City of Huntington Beach - Public Works, as Obligee, in the sum of Ten Percent of Amount Bid DOLLARS ($10% of Bidl, lawful money of the United States of America, to the payment of which sum well and truly to be made, the said Principal and Surety bind themselves,their and each of their heirs, executors, administrators, successors and assigns,jointly and severally by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for: Central Park Restrooms Phase 3 Bid No. 1030521-0034,CC-1608 according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with the Philadelphia Indemnity Insurance Company as Surety or with other Surety or Sureties approved by the Obligee, or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond,then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. Signed, sealed and dated this 23rd day of March,2021. Aid Builders Inc. (Principal) (Seal) By: /VV/ Philadelphia Indemnity Insurance Company (Surety) (Seal) 1927 r gy: �.... Cynthia J.yhun , ttor�ey In-Fact 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ` /) SS. County of San Bernardino MAR 2 3 gal On before me, Rebecca Elizabeth Adcock, Notary Public Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Cynthia J. Younq Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person _ acted, executed the instrument. Rebecca Elizabeth Adcock coMMlssloN# 2327252 1 certify under PENALTY OF PERJURY under the laws of = r+ NOTARYPUBJC-CALIFORNIA the State of California that the foregoing paragraph is i Ep z rxr "' /'SAN BERNARDINO COUNTY true and correct. My Comm.E)Pires: 3-May-2024 WITNESS my h Xdd official sea UQZ� UoLlkl I - Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual Top of thumb here O Corporate Officer Title O Partner -- O Limited O General O Attorney-in-Fact 0 Trustee O Guardian or Conservator Other: Signer is Representing: STATE OF CALIFORNIA DEPARTMENT OF INSURANCE NQ 07927 SAN FRANCISCO Amended Certificate of Authority 0 THIS IS TO CERTIFY THAT,Pursuant to the Insurance Code of the State of California, Philadelphia Indemnity Insurance Company �f Of Bala Cynwyd, Pennsylvania , organized under the laws of Pennsylvania subject to its Articles of Incorporation or other fundamental organizatio�eal documents,is hereby authorized to transact within the State,subject to all provisions of this Certificate,the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Boiler and Machinery, Burglary, 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 e�rpressly 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 14 th day of October 2004 I have hereunto set my hand and caused my official seal to be affixed this 14th day of October 2004 John G endi Incur / is'inner C By E ur for Ida Zodrow Asst. Chief Depu NOTICE: Qualification with the Secretary of State must be accomplished as required by the Califo o rations C omp after issuance of this Certificate of Authority.Failurc to do so will be a violation of Insurance Co a ection 701 and will be grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. FORM CB-) OSP 00 39391 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 Jay P.Freeman,Cynthia J.Young,Laurie B.Druck,Melissa Schwartz and Christina Mountz ofAlliant 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 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 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, PHLADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFDC D BY ITS AUTHORIZED OFFICE THIS 27'11 DAY OF OCTOBER,2017. 1 927 (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. (tNY'14NML�j:ll`CNIfL�I.YAY 1 \ "''^"•'�'"""r`•k Notary Public: •Lsm W.N•I�p.M�y. Nr trfs::.c m residing at: Bala QgMd.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 271e 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 23rd day of March 20 21 o i Edward Sayago,Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California l County of U( i V�6 C J} On 3 c Z before me, Gi 4 C Date l Here Insert Name and Title of the Officer personally appeared 1� a3c� ,(� +U1 Name(Wof Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose name*is/ire subscribed to the within instrument and acknowledged to me that he/5b6/ttwy executed the same in his/ber7thc1fir authorized capacity(jas� and that by his/]�e /tbae f signatureM,on the instrument the person($);or the entity upon behalf of which the person(Wacted, executed the instrument. I certify under PENALTY OF PERJURY under the SILVIA JANET VIRGEN laws of the State of California that the foregoing NotaryPublic-California paragraph is true and correct. z Los Angeles County Z - Commission z 2203539 WITNESS my hand and official seal. My Comm.Expires Jul 1,2021 Signature Place Notary Seal and/or Stamp Above SAgnature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ 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: 02018 National Notary Association 0 o J LL 0 w N W M K F— w S Q a ¢ z a m Z V, Z s 0 O (D W N O m w Z Y O N z 1► 5 w �¢ w cc = 3 u N LL W a p a u cc za Z LL r O p LLJ V C 0 vw LL 4 0 LL f Lu O y�^1 H N 0 }�,J/L` CryF4 U N Q r\ 1ep! 'Y —� W C w V � �•. ��5-- > vi E C 01 � y G < W Gl O + M f, 'O m E - m O Q W f u N 4 h City of Huntington Beach a 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk 17,1909 Robin Estanislau, City Clerk August 30, 2022 Fleming Environmental Inc. 1372 E. Valencia Drive Fullerton, CA 92831 RE: Central Park Restrooms— Phase 3—CC No. 1608 Enclosed please find your original bid bond for CC No. 1608 Sincerely, 7i6&�QILI(Jj� Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City. Anjo, Japan SECTION C PROPOSAL for the construction of CENTRAL PARK RESTROOM PHASE 3 CC No. 1608 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 120 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 Stich 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 ' r SECTION C PROTECT BID SCHEDULE CENTRAL PARK RESTROOM PHASE 3 CC1608 Item Description : Qnpntity Uriit Unit Cost Total NO.: (Extensxa4) 1 Mobilization and Demobilization 1 LS $ $32,100 2 Prepare Storm Water Pollution Prevention Plan(SWPPP) 1 LS $ $ 3 �9!0- 3 Install&Maintain Construction BMPs 1 LS $ $ 4 Develop and Implement Site Dewatering for entire project 1 LS $ $ 5 Develop and Implement Trench and Excavation safety measures for entire project 1 LS $ $ 9 2� Construct Romtec Restroom building,drinking fountain, and sidewalk as indicated on plans and specifications.Item includes building permit sign offs, utility connection work, concrete sidewalk,site grading, landscape restoration, 6 paving,foundations,concrete slab,and all other items necessary to complete work. Romtec building materials and drinking fountain to be furnished by City.Contractor to provide a secure site including space and moving of building materials,which will become the responsibility of the contractor upon Romtec delivery 1 LS $ $ Furnish and install Sewer Lift Station as indicated on plans 7 and specifications.Item include utilities, utility connection, sewer line to restroom,landscape restoration,foundation, _( U,\ concrete,and all other items necessary to complete work 1 I_S $ $ wo, Furnish and install new electrical service from existing 8 transformer to new Romtec restroom and lift station including all control panels,conduits,wiring,termination,testing, trenching, appurtenances,paving and landscape restoration 1 LS $ Furnish and install new water service to new Romtec 9 restroom and drinking fountain including all materials,testing, trenching,disposal,appurtenances, paving,and landscape restoration 1 LS $ $ 1 C14t Furnish and install new sewer force main and connection to 10 existing sewer manhole including all connections,testing, trenching,appurtenances,paving,and landscape restoration 1 LS $ $�t0 — 11 Testing and Start-Up for the installed Lift Station 1 LS $ $ �� Demolish and dispose of existing restroom.Item includes 12 disposal,abatement as needed,fill,abandoning existing utilities,furnish and Install irrigation and turf,paving and all other items necessary to complete work 1 LS $ $` bj ok G2.1 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. ko'I• dl Accompanying this proposal of bid,find Uftj b\ Vjx\CA in the amount of IM 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 -22' Z C-2 SECTION C PROJECT BID SCHEDULE CENTRAL PARK RESTROOM PHASE 3 CC1608 R.v:sNO = - - ,-a.. :� :,...:. �_�. ,...; �......t' �=•:LAC-"= `S.-. ....-�......._-.... .... ._.._.._ _.-_.-..- t ..,:..._....�✓_<� +... ...-,-�.—.....-<�—'-`+_�,'ti'.�.wi ve_ ._�1 _�-i:«`C�k e.`._.:X,•,'=�e S:ri`�`L'- .:�,�- TOTAL BID AMOUNT(BASIS OF AWARD)—SCHEDULE $S'b 10 00 TOTAL. BID AMOUNT IN WORDS: \X-Wey) - `'YWSCA `CJ enyw- (1X (J(Aki -71 Ce \A-" 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-2.2 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 $10,000, whichever is greater,and the portion of the work to be done by such subcontractor. Bid Nome.andAdldress9 Stale Class DIRP.:WC,.' Dollar %,of Itent(s) Sitbcolllraelor. License 'Re gistrA n 1.. .tlon.#:, Ain C011lra'd Number �le`IC��ZCO �IE�kY1tr Cvr QVW avd bbuU�� (l(� I000Ol 6 `N 64,r1'w Co o CACYU (p Zlb S�� � 5�Y13y I� ►vvcr�U ZG�jO 21 ,OUJ- Z°! CoqorG k C I'll, GZ (a 9 o �oX soul bl�lyY`� C-Z� krmvoy- �y 30 �l`N�(ci�ce c A C10CM S�Yeum���e ?CA;M)V'-'g qg" C)) kuo( 640 m�e GZ55l rnvW eK s 1�Cp533 C5l touoOZ-b (O o�X r033�► IA�KtQtM�C IA G 2Y110 By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare wider penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 3-1$-21, at Fullerton CA Date City State Terry L. Fleming, Jr. , being first duly sworn, deposes and says that he or she is President of Fleming Environmental 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. Fleming Environmental Inc Name of Bidder leming, Jr., Presidert r P.O Box 6130 Fullerton, CA 92834-6130 _ 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 PHASE 3,(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 peg son wlio, by reasorT of experience or instrtietion, is familiar ivith 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. Fleming Environmental Inc Contractor Terry L. Fleming, Jr. President Title Date: C-s DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete,under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes M 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. Fleming Environmental Inc Contrac r Terry L. Fleming, Jr. By -- President Title Date: C-7 --- BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Fleming Environmental Inc Bidder Name 1372 E. Valencia Dr. Business Address Fullerton CA 92831 City, State Zip ( 714 ) 871-2800 tfleming@flemingenvironmental.com Telephone Number Email Address 746017 A HAZ B State Contractor's License No. and Class 2/18/1998 Original Date Issued 2/22/2022 Expiration Date The work site was inspected by I Y of our office on MWUA 1Y ,201_. 10-L\ The following are persons, firms,and corporations having a principal interest in this proposal: Terry L. Fleming, Jr, President Terry L. Fleming, Jr, Secretary/Treasurer Michael Fleming/Vice President The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Fleming Environmental Inc Coin NVYName er Terry L. Fleming, Jr, President Printed or Typed Signature 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. Jurat State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 18th day of March, 2021, by Terry L. Fleming Jr., proved to me on the basis of satisfactory evidence to be the person(.sj-who appeared before me. Signature (Seal) Jennife in, Notary Public ..°•.,F JENNIFER MARTIN Notary Public.California i Orange ssio County Commission k 2235636 My Comm.Expires Apr 22,2022 My Commission Expires: April 22, 2022 NOTARY CERTIFICATE Subscribed and sworn to before me this day of ,201_. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document. State of ) County of ) On before me, Month,Day, and Year Insert Name and Title of Notary personally appeared Narne(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. 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. Construction of sewer lift station."}. 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 South Gate - 8650 California Ave. South Gate, CA 90280 Name and Address of Public Agency Name and Telephone No. of Project Manager: Elias Saikaly (323) 563-9581 $75,654.00 Walnut Ave Restroom No. 5 install/upgade 2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Walnut Ave Restroom No. 5 installation and upgrade at South Gate Park. 2. Murrieta Valley Unified School District -41870 McAlby Court, Murrieta, CA 92562 Name and Address of Public Agency Name and Telephone No. of Project Manager: Joanyn Pearce-Miller (951) 696-1600 ext 1078 $269,980.00 New Restroom 2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: New Restroom at Alta Murrieta 3. City of Lakewood - 5050 Clark Ave, Lakewood, CA 90712 Name and Address of Public Agency Name and Telephone No.of Project Manager: Sam Chambers (562) 866-9771 ext 2505 $664,168.00 Restroom Improvement/Modifications 2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Restroom Improvement/Modifications, at Alta Murrieta Elementary School 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 Projed Manager Telephone No. of proposed Project Manager: C 1 ky�& S W �G � _"1 1�5`�•00 (IQ.e�k�(�Olap 'GhSkCn 1 I �IYG dl�., Project Name&Contract Amount Type of Work Date Completed LAJ q-4 V1�( l Project Name& Contract Amount Type of Work Date Completed 'rl f RAGA M ►ft2 EL A-APr)Wo WWO 1 U)AiW In y "16�1 ,Ctw Project Name& Contract Amount Type of Work Date Completed 2. Name of proposed Superintendent Telephone No. of proposed Superintendent: Project Name&Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed C-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 newpublic 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 littps://efiling.d i r.ca.gov/PWCR/ActioiiServlet?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 finrthermore 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. Fleming Environmental Inc Contra r rry L. Fleming, .;r, y tfleming@flemingenvironmental.-com Email President Date: ��( �� ��, �� Title �"_�.�L_ ---- PWC Registration 4: 1000006319 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 Restroom Phase 3, CC-1608 March 18, 2021 Notice to All Bidders: 1) Replace "CC-1608 Romtech Plan Set 1-21-21"with "CC-1608 Romtech Plan Set Addendum No. 1 3-18-21" The bid opening date has not changed and will be March 25, 2021 at 10:00 AM. This is to acknowledge receipt and review of Addendum Number One, dated March 18, 2021, Fleming Environmental Inc L. Fleming, Jr, President Company Name By 3/22/2021 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Joseph Fuentes at(714) 536- 5431. 1 of 21 Addendum No. 1 Client#: 1266412 305FLEMIENV DATE(MWDD/YYYY) ACORD. CERTIFICATE OF LIABILITY INSURANCE 104/24/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Allie Mosier McGriff Insurance Services PAHON �:714 941-2900 FAX ac No 2400 E Katella Ave Suite 1100 E-MAIL ADDRESS: amosier@mcgriffinsurance.com Anaheim,CA 92806 INSURER(S)AFFORDING COVERAGE NAIC# 714 941-2800 INSURER A:Homeland Insurance Company of New York 34452 INSURED INSURER B:Oak River Insurance Company 34630 Fleming Environmental Inc. INSURER C: Property Casualty Travelers Pro a Casual Co of Amer 25674 1372 East Valencia Drive INSURER DAmerican Automobile Insurance Co 21849 Fullerton,CA 92831 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUB POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY 7930050560004 5/01/2020 05/01/2021 EEAACCHq�OECTCUR��RENCE $1 OOO 000 CLAIMS-MADE �OCCUR PREMISES EaEoccccuErrrence s300 000 X Pollution Liab MED EXP(Any one person) $10 000 X Professional Liab PERSONAL&ADV INJURY $1 000 000 GEHL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 POLICY a ECOT F LOC PRODUCTS-COMP/OPAGG s2,000,000 OTHER: $ D AUTOMOBILE LIABILITY SCV0060602001 5/01/2020 05/01/2021 Ea aCddeD SINGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE $ X AUTOS ONLY rx AUTOS ONLY Peraccdent $ A UMBRELLA LIAB X OCCUR 7930050570004 5/01/2020 06/01/2021 EACH OCCURRENCE $5 000 000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5 000 000 DIED I X I RETENTION$O $ B WORKERS COMPENSATION FLWC114561 5/01/2020 05/01/2021 X PER OTH- TUTr AND EMPLOYERS'LIABILITY IER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $1 000 000 OFFICER/MEMBER EXCLUDED? I NJ N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Rented/Leased QT6603L337320TIL 0510112020 05/01/2021 $160,000 Limit Equipment $1,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached B more space is required) Evidence of Coverage CERTIFICATE HOLDER CANCELLATION Evidence of Coverage SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE g THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S25618404/M25618336 ACMCIS CONTRACTORS STATE LICENSE BOARD « '^y« ACTIVE LICENSE ,,. 746017 E CORP FLEMING ENVIRONMENTAL INCORPORATED A HAZ B E� � 02/28/2022 www.csib.ca.gov 5/9/2019 Registrations State of California ' >>>, Department of Industrial Rel (https:/ j i't ll 'r.ca.govl) Contractor Information Registration History Legal Entity Name Effective Date Expiration Date FLEMING ENVIRONMENTAL INC. 06/07/18 06/30/19 Legal Entity Type Corporation 06/16/17 06/30/18 Status 06/13/16 06/30/17 Active Back to DIR>> (https://www.dir.ca.gov/Number '06/10/15 06/30/16 1000006319 Registration effective date 01/21/15 06/30/15 07/01/19 07/01/19 06/30/22 Registration expiration date 06/30/22 Mailing Address 1372 E VALENCIA DR. FULLERTON 92831 CA Un... Physical Address 1372 F VALENCIA DR. FULLERTON 92831 CA Un... Email Address jmartin@nemingenvironmental.com Trade Name/DBA License Number(s) CSLB:746017 Legal Entity Information Corporation Number: 2067853 Federal Employment Identification Number: President Name: TERRY L FLEMING JR Vice President Narne: MICHAEL FLEMING Treasurer Name: TERRY L FLEMING JR Secretary Name: TERRY L FLEMING JR CEO Name: TERRY L FLEMING JR Agent of Service Name: Agent of Service Mailing Address: CA United States of America I i Worker's Compensation i Do you lease employees through Professional Employer Organization (PEO)?: No Please provide your current worker's compensation insurance information below: hllps://cadic.secure.force.com/ContractorSearch/registratiotiSearcli Details?id=a 1 Rt0000001 SQZ2EAO 1/3 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Fleming Environmental,Inc. as Principal,(hereinafter called the"Principal"),and Fidelity and Deposit Company of Maryland ,a corporation duly organized under the laws of the State of Illinois ,as Surety,(hereinafter called the"Surety"),are held and firmly bound unto City of Huntington Beach as Obligee,(hereinafter called the"Obligee"),in the sum of Ten Percent of 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 Central Park Restrooms Phase 3,CC No. 1608 NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter into such contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 12th day of March A.D., 2021 Flemin vironmental,Inc. Principal i Witness (SEAL) Terry L. Fleming, Jr. , President Fidelity and De Co pan f Maryland By (SEAL) Witness Richard L.Wel Attorney-in-Fact Printed in cooperation with the American institute of Architects(AIA)by Fidelity and Deposit Company of Maryland Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-310,February 1970 Edition. BID70000ZZ0701f ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof;do hereby nominate,constitute,and appoint Norman K.PIERCE,Richard L.WELLS and Brigid LOPEZ, all of Placentia,California,its true and lawful agent and Attorney-in-Fact, to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fatly and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland, and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills,Maryland,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8, of the By-Laws of said Companies and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 281h day of April,A.D.2020. OQ,P Oq7�oc SEALm�m 'USEALm ib �SEALm}r_ ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By:Robert D.Murray Vice President By:Dawn E.Brown Secretary State of Maryland County of Baltimore On this 28th day of April,A.D.2020,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,RobertD.Murray, Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,u„nHr, OL Constance A.Dunn,Notary Public My Commission Expires:July 9,2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By- Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED:"That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED:"That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 12th day of March 2021 3�'°y g ;o ` SBAL ow •{r � By: Brian M.Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 w,Nktiv.reportsfclaims a?zurichna.com 800-626-4577 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California County of Orange On 3/18/21 before me, Jennifer Martin, Notary Public Date Here Insert Name and Title of the Officer personally appeared Terry L. Fleming Jr. Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(sfi 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 signatures(s)-on the instrument the person(s), or the entity upon behalf of which the personasl acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true JENNIFER MARTIN Notary Public•California and correct. Orange County F; Commission k 2235836 WITNESS my hand and official seal. My Comm.Expires Apr 22,2022 Signature Signature of Notary Public I Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Terry L. Fleming Jr. Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s):President ❑ Corporate Officer—Title(s): ❑ Partner ❑ Partner ❑ Limited RIGHT THUMBPRINT ❑ Limited RIGHT THUMBPRINT ❑ General OF SIGNER ❑ General OF ❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Fleming Environmental Inc. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 y!�'.can,�('�`n^r���-'�''--'��!w.—"-'n�^nc-:l`.c-:<3c`CL'f�:Ci�.GL.c2.c-�.ct�-•r+%M�t�'^.c��.r�ar�-n�.n. r�.n�.rr-._. ar�.nc-:t` n,—vi-n��w 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 San Bernardino ) On March 12,2021 before me, Brigid Lopez Notary Public Date Here Insert Name and Title of the Officer personally appeared Richard L.Wells 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. BRIGID LOPEZ WITNESS my hand and official seal. COMM. #2287217 zz �-� Notary Public-California o z Orange County Signature ? M Comm.Expires May 2,2023 Sig attire 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): D Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General F] Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator CI 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 } ` 1 } x e � to f s x S � u c U i o bd { = CJ O C 4' U a 00 U o M w_ pornt c c o a� z t o c No m LLII c o cm EcnLL v ts- �_ w m @ N Q N 0 da0� N mo a mg D W V C90Z ,! �i2W'm U City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov fe•11 1909 P. � Office of the City Clerk Robin Estanislau, City Clerk August 30, 2022 MLC Constructors, Inc. 710 Rimpau Ave. Suite 208 Corona, CA 92879 RE: Central Park Restrooms— Phase 3—CC No. 1608 Enclosed please find your original bid bond for CC No. 1608 Sincerely, � Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister City: Anjo, Japan SECTION C PROPOSAL for the construction of CENTRAL PARK RESTROOM PHASE 3 CC No. 1608 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 120 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 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 id 's Signature 1 3/18/2021 C-2 SECTION C PROJECT BID SCHEDULE CENTRAL PARK RESTROOM PHASE 3 CC1608 Item Description Quantity Unit Unit Cost Total Cost No. (Extension) l 1 Mobilization and Demobilization 1 LS $ �DU $ aq IDuo 2 Prepare Storm Water Pollution Prevention Plan(SWPPP) 1 LS $ 9.1 100D $ P) U00 3 Install&Maintain Construction BMPs 1 LS $ It), 000 $ 1D/000 4 Develop and Implement Site Dewatering for entire project 1 LS $ tYO,UUU $ W 000 5 Develop and Implement Trench and Excavation safety II,^, measures for entire project 1 LS $ �UU $ (PO/UUCP Construct Romtec Restroom building, drinking fountain, and sidewalk as indicated on plans and specifications. Item includes building permit sign offs, utility connection work, concrete sidewalk, site grading, landscape restoration, 6 paving,foundations, concrete slab, and all other items necessary to complete work. Romtec building materials and drinking fountain to be furnished by City. Contractor to provide a secure site including space and moving of building materials, which will become the responsibility of the contractor upon Romtec delivery 1 LS $3/'3 $ �✓13/�� Furnish and install Sewer Lift Station as indicated on plans 7 and specifications. Item include utilities, utility connection, sewer line to restroom, landscape restoration, foundation, concrete, and all other items necessary to complete work 1 LS $ 187, W $ 187, SW Furnish and install new electrical service from existing 8 transformer to new Romtec restroom and lift station including all control panels, conduits,wiring,termination, testing,trenching, appurtenances, paving and landscape restoration 1 LS $ 1081000 $ /0& 000 Furnish and install new water service to new Romtec 9 restroom and drinking fountain including all materials,testing, trenching,disposal, appurtenances, paving, and landscape restoration 1 LS $5101400 $ S(o/ 4W Furnish and install new sewer force main and connection to 10 existing sewer manhole including all connections,testing, trenching, appurtenances, paving, and landscape restoration 1 LS $ 11)51-10 $ 1'0 ev 11 Testing and Start-Up for the installed Lift Station 1 LS $ 5,,000 $ UDd Demolish and dispose of existing restroom. Item includes 12 disposal, abatement as needed,fill, abandoning existing utilities,furnish and install irrigation and turf, paving and all other items necessary to complete work 1 LS $(08� $ &9 C-2.1 SECTION C PROJECT BID SCHEDULE CENTRAL PARK RESTROOM PHASE 3 CC 1608 Item Description Quantity Unit Unit Cost Total Cost No. (Extension) TOTAL BID AMOUNT (BASIS OF AWARD)—SCHEDULE $ TOTAL BID AMOUNT IN WORDS: AralF t tllA 09CO Ml C—T1l APB THOL SAa10 SlX ttVNDRFD SWW fcxk 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-2.2 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 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 3/25/2021, at Corona , CA Date City State James McCoy , being first duly sworn, deposes and says that©e or she is President of MLC Constructors, 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. MLC Constructors, Inc. Name of Bidder J'-47 4" 60hatur-e of Bidder James McCoy/President 710 Rimpau Ave., Suite 208, Corona, CA 92879 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 PHASE 3,(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. MLC Constructors, Inc. Contractor Y President Title Date: 03/25/2021 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 u 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. MLC Constructors, Inc. Contractor sy President Title Date: 03/25/2021 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: MLC Constructors, Inc. Bidder Name 710 Rimpau Ave., Suite 208 Business Address Corona CA 92879 City, State Zip ( 951 ) 393-0781 estimating@mlcconstructors.com Telephone Number Email Address 1068632 State Contractor's License No. and Class 09/09/2020 Original Date Issued 09/30/2022 Expiration Date The work site was inspected by Jim McCoy of our office on March 23rd , 2021 The following are persons, firms, and corporations having a principal interest in this proposal: James McCoy/President Ernest Castellon/Vice President Thomas Luby/Secretary The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. MLC Constructors, Inc. Compan Na e Sin ure o Bidder James McCoy/ President Printed or Typed Signature C-8 NOTARY CERTIFICATE 11 Subscribed and sworn to before me this d�✓ray of OWN , 201a/- 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 OftfDP-A0A- ) County of O V EW SI DC ) On 0�f�s /�v2� before me, OW/NA- LIASM/A-1 0*f25-Z. Ajovw�/ P00141 Month, Day, and Year Insert Name and Title of Notary jpersonally appeared mwFS wcoy Name(s) of Signer(f who proved to me on the basis of satisfactory evidence to be the persono whose name is e subscribed to the within instrument and acknowled ed to me thathsj(e/tWy executed the same in ►i /l*/tkir authorized capacity(Ps),and that by h;i' /l9rJtIXr signature}on the instrument the person(, or the entity upon behalf of which the person( <acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. y• OMy µy INp JA$MIN CHAVEZ WITNESS my hand and official seal. ] Notary Public-California Riverside County Commission#228806>! Comm.Expires May 10,2023 Signature Signature ary 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. Construction of sewer lift station."). 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 Long Beach -411 W. Ocean Blvd, Long Beach, CA 90802 Name and Address of Public Agency Name and Telephone No. of Project Manager: Michelle Harati 323-595-9272 $2,879,460 Water Features with underground utility vaults 3/15/2021 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: And Site Dewatering. 2. Jurupa Community Services District 11201 Harrel Street Mira Loma, CA 91752 Name and Address of Public Agency Name and Telephone No. of Project Manager: Ross Johnson 951-830-1853 $3,390,890.40 Site Improvements&Restroom Building addition 07/07/2020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Landscape and Hardscape 3. City of Fullerton 303 West Commonwealth Ave. Fullerton, CA 92832 Name and Address of Public Agency Name and Telephone No. of Project Manager: Tiffany Foo 714-738-6321 $1,291,341.00 Reservoir Rehabilitation 06/2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: (Please see attached Resumes) 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. Tom Luby Name of proposed Project Manager Telephone No. of proposed Project Manager: 951-393-0781 Ext. 304 Granada&Junipero Beach$2,879,460 Water Features with underground utility vaults 3/15/2021 Project Name & Contract Amount Type of Work Date Completed Desi House Project Ph.1 $3,390,890.40 Site Improvements&Restroom Building addition 07/07/2020 Project Name & Contract Amount Type of Work Date Completed Structural Rehabilitation of Lower Acacia Reservoir$1,291,341.00 Reservoir Rehabilitation 06/2019 Project Name & Contract Amount Type of Work Date Completed 2, Ernest Castellon Name of proposed Superintendent Telephone No. of proposed Superintendent: 909-253-4858 Granada&Junipero Beach$2,879,460 Water Features with underground utility vaults 3/15/2021 Project Name & Contract Amount Type of Work Date Completed Desi House Project Ph.1 $3,390,890.40 Site Improvements&Restroom Building addition 07/07/2020 Project Name & Contract Amount Type of Work Date Completed Structural Rehabilitation of Lower Acacia Reservoir$1,291,341.00 Reservoir Rehabilitation 06/2019 Project Name & Contract Amount Type of Work Date Completed (Please see attached Resumes) 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: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. MLC Constructors, Inc. Contractor jim@mlcconstructors.com Email President Title Date: 03/25/2021 PWC Registration #: 1000667976 C-12 3/23/2021 https://cadir.secure.force.com/ContractorSearch/PrintRegDetails Contractor Information Registration History Legal Entity Name Effective Date Expiration Date MLC Constructors Inc. Legal Entity Type 9/9/2020 6/30/2021 Corporation Status Active Registration Number PW-LR-1000667976 Registration effective date 9/9/2020 Registration expiration date 6/30/2021 Mailing Address 36026 Mustang Spirit Lane Wildomar 92595 CA United St... Physical Address 36026 Mustang Spirit Lane Wildomar 92595 CA United St... Email Address Trade Name/DBA License Number(s) CSLB:1068632 Legal Entity Information Corporation Number: Federal Employment Identification Number: President Name: James McCoy Vice President Name: Ernie Castellon Treasurer Name: Secretary Name: Thomas Luby CEO Name: Agent of Service Name: James McCoy Agent of Service Mailing Address: 36026 Mustang Spirit Lane Wildomar 92595 CA United States of America 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/PrintRegDetails 1/2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Central Park Restroom Phase 3, CC-1608 March 18, 2021 Notice to All Bidders: 1) Replace"CC-1608 Romtech Plan Set 1-21-21"with "CC-1608 Romtech Plan Set Addendum No. 1 3-18-21" The bid opening date has not changed and will be March 25, 2021 at 10:00 AM. This is to acknowledge receipt and review of Addendum Number One, dated March 18, 2021. MLC Constructors, Inc. jz' Company Name B 03/18/2021 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Joseph Fuentes at(714) 536- 5431. 1 of 21 Addendum No. 1 MLC Constructors, Inc. Corporate Resolution of Signing Authority WHEREAS, the Corporation is determined to grant signing and authority to certain person(s) described hereunder. RESOLVED, that the Board of Directors is hereby authorized and approved to authorize and empower the following individual to make, execute, endorse and deliver in the name of and on behalf of the corporation, but shall not be limited to, any and all written instruments, agreements, documents, execution of deeds, powers of attorney, transfers, assignments, contracts, obligations, certificates and other instruments of whatever nature entered into by this Corporation. Name: James McCoy Position/Title: President Telephone Number: 951-393-0781 Email Address: jim@mlcconstructors.com Signature: A� The undersigned certifies that he/she is the properly elected and qualified Secretary of the books, records and seal of MLC Constructors, Inc., a corporation duly conformed pursuant to the laws of the state of California, and that said meeting was held in accordance with state law and with the Bylaws of the above-named corporation. This resolution has been approved by the Board of Directors of MLC Constructors, Inc. on March 4, 2021. 1, as authorized by the Company, hereby certify and attest that all the information above is true and correct. Thomas Luby Secretary Jim McCoy 23538 Underwood Cir. Murrieta, CA 92562 Cell: 951-296-8967 Email: jimgccvp@gmail.com General Consolidated Constructors, Inc. (Pu6(kWorkses lndustria[Contractor) Genera(Superintendent/S2.Project 9Kanager/`Vice President-11161060911912014 and1/2/18 to Present Solely responsible for the success of public works and industrial improvement projects ranging from 300k to 2m. Duties include: Management of entire field operations, supervision of project managers and superintendents, development of project execution strategies, administration of company safety plan, preparation of schedules, SOVs, budgets, subcontracts, work scopes, monthly billings, as-built information, job cost tracking, claim preparation, interpret specifications to resolve conflicts, preparation of close out documentation and negotiation of final change orders. Cora Constructors, Inc. (Pu6Cu Works Contractor) Sr.Project Manager/'Vice President-1%1/14 to 12129117 Currently managing projects ranging from 350k to 2.5m. Projects include sewer lift station rehabilitations, water treatment plants, Booster pump stations, underground utilities and standby power plants. Duties include all aspects of project management from pre-construction through closeout as well as management of field personnel and cost estimating. JBH Structural Concrete, Inc. (Pu6Cic Works Concrete Contractor) Project Manager-6101102 to 1/I5/06 Responsible for the management of public works projects ranging from lm to 3m. Duties include: project buyout, preparation and tracking of submittals and RFI's, schedule preparation, subcontractor coordination, liaison with Construction Manager, cost control, as well as change order preparation, tracking and negotiation. Trimax Construction Corp (Pu6Cac Works Contractor) Project Superintendent-1/1%0 to 6101102 Supervised projects ranging from 500k to 2m. Duties include: Managing of subcontractors and field personnel, project organization, schedule adherence, RFI preparation, quality control, cost management and problem solving. McThorp Construction (Pu6fic Works e�Commercia(Contractor) Owner-1101192 to 1/10/00 As owner of a small company I completed projects ranging from 100k to 500k by performing most trades in house with limited subcontractors. I personally performed the duties of estimator, project manager, project supervisor and tradesman. SKILLS: Excellent written and oral communication skills, Proficient with Microsoft Office, Microsoft Project, expert plan reader, expert specification interpreter, excellent organization skills, self starter, independent worker, expert claims negotiator, proficient team manager. EDUCATION: Associate in Science Degree with Distinction in Construction Technology I currently hold a Class A & B California Contractors License #653720 List of completed projects for JBH Structural Concrete Owner Description Value Hemet Unified School District Jacob Wiens Elementary School $2,621,453 Construction of foundations and concrete site work for new elementary school Metropolitan Water District Water+Life Construction of building foundations $1,293,780 for the anthropology and paleontology museum at the Domengoni Reservoir Romoland School District McCall Mesa K8 $2,197,175 Construction of foundations and concrete site work for new K-8 school Chino Valley Unified School Don Lugo High School $1,142,000 District Construction of foundations for 3 buildings at an existing High School Temecula Valley Unified Quinta Do Lago Elementary School $1,240,000 School District Construction of foundations for 3 buildings at an existing elementary school Irvine Unified School District Turtle Ridge Elementary School $2,868,000 Construction of foundations and concrete site work for new elementary school Hemet Unified School District Cawston Elementary School $1,472,882 Construction of foundations and concrete site work for new elementary school Dessert Sands Unified School Country Club Elementary School $2,160,000 District Construction of foundations and concrete site work for new elementary school Dessert Sands Unified School Calle Tampico Elementary School $2,093,756 District Construction of foundations and concrete site work for new elementary school List of completed projects for General Consolidated Constructors 2006-2014 Alcoa Associates Visqueen Extrusion Tower $888,007 Construction of 40'steel tower within existing building and extension of roof structure Palm Springs Unified School Cathedral City High School $494,000 District Ground up construction of one restroom building Metropolitan Transportation Division 5 Remodel $398,110 Authority(MTA) Remodel interior of customer service area and employee lounge Flamemaster Inc Plant Move $330,000 Relocate entire manufacturing facility to a new building and install equipment Economic Opportunity Migrant Head start Building $1,608,032 Commission Ground up construction of a daycare facility,associated site work and off site street improvements Inglewood Unified School Inglewood Adult Ed Remodel $1,930,221 District Construct multiple classrooms and shop areas within an existing building Riverside County Southwest Detention Center $301,935 Sewage grinder Construction of underground CIP vault and installation of in line sewage grinder First Five Nuveiw Dental Clinic $827,911 Conversion of old fire station into A dental clinic Hemet Unified School District West Valley High School $368,560 Construction of new baseball dugouts and batting cages Acme Castings Inc New facility $668,731 Ground up construction of metal building rear and conventional construction front of new casting facility Laguna Beach Unified El Morrow Elementary School $624,220 School District Ground up construction of new classroom building Ontario Montclair School Exterior improvements to 4 schools $396,751 District ADA improvements and painting at various elementary schools Mt San Antonio College Athletic Storage Building $569,822 Ground up Construction of new metal building Rancho Santiago Community Remodel Gymnasium $1,298,288 College District Construction of new gym floor and construction of building addition with two new restrooms at Santa Ana College Hemet Unified School District Cottonwood Elementary School $589,000 Construction of foundation and street improvements for a new library building City of Seal Beach Seal Beach Police Dept Remodel $648,675 Remodel existing restrooms,locker rooms and kitchen American Golf Sunset Hills Country Club Remodel $501,112 Remodel existing locker rooms and Shower area.Construction of steam room and exercise facility Saddleback Valley Unified Valencia Elementary School Portables $619,000 School District Construct foundations and relocate 8 portable classroom buildings John Bean Technologies Tenant Improvement $987,568 Improvements to newly leased building to facilitate a manufacturing operation American Golf El Dorado Golf Course Kitchen $457,261 Construction of building addition and remodel of existing kitchen Danco EN Tenant Improvement $1,176,760 Construction of building addition,dip tank room,chemical room and boiler room.Installation of tanks and mechanical piping for anodizing operation List of completed projects for Cora Constructors Antelope Valley East Kern Installation of CO2 Feed System $625,316 Water Agency Installation of a carbon dioxide gas feed system Quartz Hill Water Treatment Plant and ancillary equipment,piping,instrumentation, conduit,electrical wiring,and a concrete tank foundation. Jurupa Community Services District 56th Street and Armstrong Road Booster Station Upgrades $823,000 Addition of diesel fueled,electric standby generators to both 56thStreet Booster Station and Armstrong Road Booster Station including associated electrical,telemetry,SCADA upgrades,automatic transfer switches,concrete foundations,pavement repair,gravel surface restoration,CMU walls and fencing. Ontario Municipal Utilities Company Ontario PRS#21 $371,711 construction of a Pressure Reducing Station along Euclid Ave in Ontario,including installation of an underground vault,piping,valves, SCADA system and an antenna tower. Lake Morena's Oak Shores Water Nitrate Treatment Facility $631,057 Company Remove existing well building and foundation,construction of a pre- engineered building and foundation,installation of an ion-exchange nitrate treatment system,installation of brine supply and waste tanks, miscellaneous piping,appurtenances,and site improvements. Golden State water Company Garvey Well#3 and GAC $1,754,700 Two individual contracts combined into one project GAC project consisted of furnishing and installing two granulated activated charcoal vessels and foundation;piping,valves,and appurtenances;electrical equipment including panels,circuit breakers and appurtenances at the Garvey Well No.3 site. Well#3 project consisted of Furnishing and installing a deep well pump,piping,well building,and appurtenances;chemical disinfection feed system including building,pumps,chemical tank,piping,static mixer,and appurtenances;electrical equipment including panels, circuit breakers,transformers,and appurtenances;demolition of an existing 20,000 gallon bolted steel tank,and grading,concrete paving, fencing,landscaping,and appurtenances. Los Angeles County sanitation District Abalone Cove Pumping Plant Generator Installation $563,700 Installation of a permanent emergency generator including concrete foundation and secondary containment;electrical connections;site improvements,including new masonry wall with fencing;grading, paving and landscaping;installation of a new Edison Preferred Emergency Switch and feed. Long Beach Water Department Rehabilitation of 5-12 Pumping Station $2,195,470 Remove and replacing five manholes in street and install gate valves on main and bypass inlets.Rehabilitate bypass wet well with the installation of two submersible pumps,one submersible sump pump, and associated piping and supports.Rehabilitate wet well including removal of existing wet well coating,repair existing concrete and rebar,and apply new coating.Furnish and install a wet well mixing system.Remove existing chemical storage tank,concrete containment area,and associated piping.Remove granular activated carbon system and all associated appurtenances.Install new odor control system including concrete foundation and connections to wet well.Modify main pump's suction and discharge piping.Rehabilitate pump station building interior and exterior.Upgrade existing electrical system with new MCC and new instrumentation. East Valley Water District Plant 134 Booster Station Upgrades and Getaway Piping $1,484,425 Booster Station upgrades consisted of installation of three vertical turbine pumps,supplied with 100-hp and 60-hp electric motors, discharge piping,fittings,pump control valves,isolation valves, miscellaneous pressure instruments,modifications to electrical panels,and integration into District's SCADA system. Getaway Piping consisted of constructing 2,000 LF of 16-inch diameter DIP pipeline from the Plant 134 entrance to the intersection of Orchard Road on Highland Avenue including valves,fitting's,air/vac's, blow off's,two tie-in's,grind and overlay of road paving. Granulated Activated Carbon Treatment Facility at the Big Bear County of San Bernardino Sanitary Landfill $840,000 Construction of a new landfill gas treatment facility consisting of excavation,grading,CMU enclosure,concrete foundation,chain-link fencing&gates,GAC system,mechanical piping,gas blowers,air compressors,heat trace controller,Electrical system,instrumentation, asphalt paving and site concrete. County of San Bernardino Fleet Management Fuel Tank Replacement Phase 1 $843,000 Construction of two new fueling facilities consisting of excavation, grading,underground RCP,drainage head walls,concrete foundations, four 10k gallon fuel tanks,asphalt paving,fencing&gates and electrical system City of Compton Well#20 Water Treatment Plant $968,749 Installation of Manganese Treatment System consisting of treatment equipment,Excavation,concrete foundations,above&below grade piping,storm drain line,catch basins,sewer line,new FRP enclosure, new 34k gallon reservoir tank,Electrical system,telemetry,RTU, instrumentation,backup generator and site lighting. Ranch California Water District Equipping Well#236 $428,000 Construction of new water well consisting of installation of one new deep well vertical turbine pumping unit,well pump discharge piping, electrical system,instrumentation,above grade piping for well blow off,onsite water supply piping,sodium hypochlorite system and concrete foundations. County of San Bernardino Emergency Fuel Storage Tanks $896,000 Construction of two concrete equipment pads and installation of 4 new 10,000 gallon fuel storage tanks with dispensing equipment. Work consisted of,site grading,underground storm drain system, electrical system including a standby generator,asphalt paving and perimeter fencing. Eastern Municipal Water District Daily Road Drainage and Hydro Booster Station $721,500 Construction of a new hydro pneumatic booster station and drainage improvements to the adjacent road.Work scope included site grading, concrete foundations,underground pipe installation,above grade piping,instrumentation,electrical facilities,booster pumps,hydro pneumatic system,road grading,construction of v ditches,energy dissipation structures concrete channels,storm drain piping system, asphalt paving and chain-link fencing List of completed projects for General Consolidated Constructors 2018-2020 Torrance Unified School District&Balfour Science Labs at Fern,Hickory,Riviera,Towers and Wood Elementary Beatty Schools $1,059,952 Construction of five 40'x 40'portable classroom buildings.This was a multi-prime trade project.I performed BP#1 consisting of site demolition,over excavation,recompaction,grading,concrete foundations,site concrete,asphalt paving and landscaping. Installation of Head Start Classroom Buildings and Shade Canopies at Montebello Unified School District Cesar Chavez Elementary School $1,046,255 Construction of one 40'x 120'portable classroom building including earthwork and concrete foundation.Site work included underground utilities,concrete paving,playground equipment,synthetic play surface,artificial turf,fencing and shade structures. Betsy Ross Elementary School Portable Buildings&Site Improvements,and Loara Elementary School Playground Anaheim Elementary School District improvements. $2,748,960 Construction of a 30,000 SF parking lot including demolition,grading, concrete&asphalt paving,landscape,site lighting and fencing. Construction of a single point entry including,demolition,drainage facilities,concrete paving,decorative pavers,seat walls,landscape and fencing. Installation of 9 portable classroom buildings including demolition, grading,asphalt paving,playground equipment,synthetic surfacing, landscape,DG path,electrical distribution,fire alarm and data. City of Fullerton Structural Rehabilitation of Lower Acacia Reservoir $1,358,405 Installation of new liner within a 4 million gallon reservoir.Work also included structural patching to walls&ceilings,mechanical piping& valve replacement,water gate replacement,asphalt paving,curb& gutter and CIP concrete retaining wall. iurupa Community Services District Desi House Project $3,701,315 Public restroom building addition to existing structure and site improvements to the adjoining 3 acres including demolition, underground utilities,concrete paving,decorative pavers,stairs& railings,gazebos,masonry walls&seat walls,landscape,water feature,site lighting,fencing and construction of new parking lot. Desert Sands Unified School District Kennedy Elementary School Interim Housing $1,943,174 Relocation of district owned portable classrooms and restrooms,replacement of miscellaneous finishes and equipment and installation of utilities and related site work for installation of portable units.Demolition of six existing classroom buildings and associated site improvements. Moreno Valley Unified School District Valley View High School Gym Modernization $1,133,000 This was a multi-prime trade project.I performed BP#1 consisting of demolition,metal framing,drywall,suspended ceilings,doors& hardware,structural steel,metal decking&light weight concrete, skylights,display cases,T&G cedar siding,restroom accessories& partitions and resilient flooring. City of Long Beach Junipero&Granada Beach Concessions Buildings $2,879,460 Construction of new playground facilities associated site work and building renovations at two beach sites including demolition,wood framing,siding,concession windows,coiling counter grills,structural steel,masonry walls,exterior plaster,phenolic decorative screens, underground utilities,underground water vault,sewer lift station, concrete paving,drainage facilities,shade structures,water fountains, exercise equipment,playground equipment,water play equipment synthetic surfacing,decorative pavement graphics and pylon signs. ERNEST D. CASTELLON Email:erniedc1@gmail.com Phone:909-253-4858 Experience: 1/2018 — 12/2020 General Superintendent, General Consolidated Constructors, Inc. Perris, CA Recruited to start a new water works division for this company. Duties include the field supervision and organization of all publics works projects ranging in size from 500k to 2 million, including water treatment and waste water facilities. 7/2016 — 1/2018 Project Superintendent, Working Foreman, Cora Constructors, Inc. Palm Desert, CA Directly responsible for the onsite construction of waste water pump station rehabilitations, water treatment plants, sewer system installations, storm drain facilities, reservoir construction, underground pipe installation, street improvements, pump installations and supervision of various subcontracting trades. 1/2006 — 6/2016 Project Manager I Senior Superintendent I Estimator, Maher Contractors, Riverside, CA Water treatment and wastewater plants, reservoirs, pumping stations, pipeline, mechanical, vaults and office control rooms. Accountable for projects ranging from $1 million to $12 million. Projected estimates on commercial projects with complete job oversight, prepared RFI's and selected criteria for professionals, including architects and special consultants.Recruited, interviewed, hired and supervised up to 30 employees. Managed all subcontractors, assured specification compliance, approved and processed pay requests for outside contractors. Negotiated and approved change orders for construction projects. 1993 - 12/2005 Project Manager I Senior Superintendent, Schuler Engineering, Corona, CA Water treatment and wastewater plants, reservoirs, pumping stations, pipeline, mechanical, vault and office control rooms. Accountable for projects ranging from $1 million to $12 million. Recruited, interviewed, hired and supervised up to 30 employees. Complete job oversight. Managed all subcontractors, assured specification compliance, approved and processed pay requests for outside contractors, negotiated and approved change orders for construction projects. 1987-1993 Superintendent, Pascal & Ludwig, Ontario, CA Water treatment and wastewater plant reservoirs, pumping stations, pipeline, mechanical, vault and office control room. Accountable for projects ranging from $1 million to $12 million. Recruited, interviewed, hired and supervised up to 15 employees. Complete job oversight managed all subcontractors;assured specification compliance. 1983 -1987 Superintendent I Foreman, Morley Construction,Los Angeles, CA Construction of concrete high rise buildings and parking structures. Relevant Skills: • Dedicated to completing high-quality projects, on-time, safely and under budget • Skilled in working closely with owners, engineers, architects, and inspectors • Knowledge of plans and specifications • Strong personal ethics and integrity • Works well under pressure and with deadlines • Able to understand crew and equipment requirements for different phases of each project • Develops and maintains a safe operating work-site and ensure compliance with all applicable codes (OSHA, etc.) • Ability to resolve construction problems in the field • Knowledge of construction trades, including wood framing, structural steel, reinforcing steel, concrete, concrete structures, electrical and mechanical piping • Ability to build and set Simon, Waco, Efco, and wood forms/shoring Computer: • Microsoft Office Suite, QuickBooks, Outlook, Word, and Excel Education: • High School Diploma - Hemet High School, CA 1983 Credentials: • AWS Welding Certification • Ameron T-Lock Certification • CPR Certification • Confined Space Entry Certification(In accordance with Title 8 CCR Sections 5157) • OSHA Training • Class A Commercial Drivers License. Tom Luby Email:tomluby(i,gmail.com Phone:951-565-6355 Licensed California Contractor Classifications A,B,C10 2014-2020 Senior Project Manager(Public Works), General Consolidated Constructors,Inc. • Estimate projects and submit bid documents • Follow through with bid awards and execute contracts • Create and monitor project budgets • Create project schedules and update progress • Create subcontractor scopes of work and material take offs • Solicit estimates from subcontractors and material providers • Issue subcontracts and material purchase orders • Compile and submit project submittals • Conduct all project meetings ie:post bid,precon,safety,weeklies,etc. • Liaison between owners,governing agencies,architects,engineers,inspectors,etc. • Draft RFI's,RFC's,COR's,etc.organize,log and distribute responses • Supervise project team's performance • Perform all project billings • Perform project closeout 2008-2014 T Luby Construction Owner-General Contractor • Consult with owners,developers,and contractors to determine their construction needs • Provide detailed estimates for construction costs • Provide and execute project contracts • Work with design team to ensure a design specific to owners'requirements • Submit plan checks and corrections to obtain permits from all governing agencies • Create projects schedules and budgets • Hire and oversee subcontractors and employees • Conduct meetings with team management,owners,etc. • Oversee construction from project start to completion • Perform AP and AR responsibilities • Create and distribute project documentation and warranties 1998-2008 Superintendent,SCI • Create and distribute project schedules • Schedule employees and subcontractors • Supervise employees and subcontractors • Schedule equipment and materials • Monitor and track project progress • Ensure strict accordance to contract documents • Perform inspections with governing agencies • Maintain project safety,training,and logs • Monitor project budgets and expenditures • Perform meetings with management,owners,and design team • Produce RFI's for project management • Document project as built conditions • Create and execute punch lists and closeout • Organize and distribute final project reports Projects as Project Manager: • Granada&Junipero Concessions Project,Long Beach Ca-$2,879,460.00 • Jackson Preschool Labs Project,Santa Ana Ca-$1,398,000.00 • Valley View HS GYM Modernization,Moreno Valley Ca-$1,133,000.00 • Desi House Phase 2,Eastvale Ca-$2,199,000.00 • Desi House Phase 1,Eastvale Ca-$3,390,890.40 • Kennedy ES Interim Housing,Indio Ca$1,850,000.00 • Cattle Litel Oakridge Bid Package—Chino Ca$562,188.00 • Rehabilitation Lower Acacia Reservoir,Fullerton Ca$1,291,341.00 • Betsy Ross Interim Housing,Anaheim Ca$2,631,250.00 • Cesar Chavez Head Start,Montebello Ca$1,046,255.00 • San Vicente Dam,San Diego Ca$168,610.00 • Torrance Unified Science Labs,Torrance Ca$936,660.00 Project as Superintendent: • Diverse Optics,Rancho Cucamonga Ca$1,999,000.00 • Moss Bros.Chevrolet,Moreno Valley Ca$2,966,000.00 • Moss Bros.GMC,Moreno Valley Ca$1,980,000.00 • Moss Bros.Toyota,Moreno,Valley Ca$3,120,000.00 • Moss Bros.Honda,Moreno Valley Ca$2,860,000.00 • Moss Bros.Volkswagen,Moreno Valley Ca$1,789,000.00 • Moss Bros.Ford,Colton Ca$3,900,000.00 • Moss Bros.Dodge,San Bernardino Ca$1,240,000.00 • Moss Bros.Dodge,Riverside Ca$780,000.00 • Moss Bros.Saturn,Victorville Ca$2,460,000.00 • Riverside Acura,Riverside Ca$2,800,000.00 • International Vitamin,Mira Loma Ca$1,700,000.00 • Vista Medical Center,Corona Ca$1,130,000.00 • Town&Country Retail Center,Norco Ca$7,400,000.00 • Town Center Office Buildings,Norco Ca$4,870,000.00 • Hamner Holdings Office Building,Norco Ca$2,980,000.00 • Norco Office,Norco Ca$2,640,000.00 • Frahm Suzuki,Norco Ca$2,830,000.00 • Splash Carwash,Riverside Ca$2,270,000.00 • Palms to Pines Retail Center,Palm Desert Ca$4,270,000.00 • Krikorian Theatre,Corona Ca$7,500,000.00 • Downtown Disney Theatre,Anaheim Ca$8,900,000.00 • Alta Vista Credit Union,Redlands Ca$3,780,000.00 • Fresh&Easy Market,Loma Linda$3,250,000.00 Bond No. NA gig il. BID BOND KNOW ALL MEN BY THESE PRESENTS,that we MLC Constructors. Inc. as principal, hereinafter called the "Principal,"and MARKEL INSURANCE COMPANY, at 4521 Highwoods Pkwy, Glen Allen, VA 23060 , as surety, hereinafter called the"Surety,"are held and firmly bound unto City of Huntington Beach as obligee, hereinafter called the Obligee, in the sum of ten Percent(10%)of the Amount Bid by Principal 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 Central Park Restrooms Phase 3 CC No. 1608 NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into 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. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 16th day of March, 2021. MLC Constructors, Inc. (Principal) %nuiJJ BY: vRANCF-1,, TITLE: I�6D�T SEAL '�- _Y ��°= Markel Insurance Company BY. i11110��� ns ma Mountz,Attorney-in-Fact THE RIDER ATTACHED HERETO IS INCORPORATED IN THIS BOND AND MODIFIES COVERAGE UNDER THIS BOND. MSUR10 03 18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California SS. County of San Bernardino On March 16, 2021 before me, Amanda Castillo, Notary Public Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Christina Mountz Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the MANDA CASTILLOperson, or the entityupon behalf of which the person f: �'• Commission No. 2234261 p 22 p NOTARY PUBLIC-CALIFORNIA acted, executed the instrument. SAN BERNARDINO COUNTY MyCom E*Nn MARCH 15,2022 1 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. ;. Signat re of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual Top of thumb here 17 Corporate Officer Title O Partner -- O Limited O General O Attorney-in-Fact O Trustee O Guardian or Conservator Other: Signer is Representing: STATE OF CALIFORNIA DEPARTMENT OF INSURANCE No 07500 SAN FRANCISCO Amended Certificate of Authority Ll THIS IS TO CERTIFY THAT,Pursuant to the Insurance Code of the State of California, Markel Insurance Company Of Deerfield, Illinois ,organized tinder the laws of Illinois subject to its Articles of Incorporation or other fundamental organizational documents,is hereby authorized to transact within the State,subject to all provisions of this Certificate,the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers'•Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, -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 la►v I requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and cgoplicable,and as such laws and iequirements now are,or may hereafter be changed or amended IN WITNESS WE3EREOF,effective as ofthe 16th ddy of, January 2002 I have hereunto set my hand and caused my official seal to be a,f aed this 16th day of January 2002 i !n ra oner. By " 2C O-r 1. op NOTICE; Qualification with the Secretary of State must be accomplished as require rp ns Code pr ptly after issuance of this Certificate of Authority.Failure to do so will be a violation of Insurance Code Seca o )I a will be grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor an the conditions contained herein_ FORM CB-3 ®osP co 3mi POAA 510028 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That SureTec Insurance Company,a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris,Texas and Markel Insurance Company(the'Company').a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Alen,Virginia,does by these presents make,constitute and appoint: Jay P.Freeman,Cynthia J.Young,Laurie B.Druck,Christina Mountz,Melissa D.Schwartz Their true and lawful agent(s)and attorney(s)-in-fact,each in their separate capacity if more than one Is named above,to make,execute,seal and deliver for and on their own behalf.Individually as a suretyor jointly,as co-sureties,and as their act and deed any and all bonds and other undertaking in suretyship providecRowever, that the penal sum of any one such Instrument executed hereunder shall not exceed the sum of: O tV Fifty Million and 001100 Dollars($50,000,000 00) This Power of Attorney is granted and is signed and seated under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company- 2• M 'RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary,Treasurer and each of them hereby is authorized @execute powers of attorney.and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,011ie company,qualifying the attorney or attorneysnamed in the given power of attorney,to execute In behalf of,and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company,as the case may be,all bond undertakingsand contracts of suretyship,and to affix the corporate seat thereto.' IN WITNESS WHEREOF,Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the w day of /uqud -mo . w t` cV SureTec Insurance Company \�SVFLANC ,`�%%,i Crzj� Markel Insurance Company wCJ9\00 ci SEAL '9= Michael C.Keimig,President 1 � R in Russo,Senior Vice President Commonwealth of Virginia County of Henrico SS: On this eat day of An— 2= A.D.,before me,a Notary Public of the Commonwealth of Virginia,in and for the County of Henrico,duly commissioned and qualified,came THE ABOVE OFFICERS OF THE COMPANIES,to me personalty known to be the individuals and officers described In,who executed the preceding instrument,and they acknowledged the execution of some,and being by me duly sworn,disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies,and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said Instrument by the authority and direction of the said companies,and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument Is now in force. ,sssst sr rrrr,rr P DON IN TESTIMGNY WHEREOF,I have hereunto set my hand,and affixed mj% Sea p� ynyh/of Henrico,the day and year fast above written. Y 1. MY COMMISS,ON By Ls � Z n NUTASER Q 70b3968 - Donna Donavant,Notary Public A�� My commission expires 1/3 112 02 3 we,the undersigned Officers of SureTec Insurance Company and Markel7r) C 'ija'Gy galerbv certify that the original[POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full farce and effect and hat/igtrt5ij(FNOkted. IN WITNESS WHEREOF,we have hereunto set our hands,and affixedthe Seals of said Companies,on the 16th day of March 2021 Ncl ' Su ec Insu ce pan `��\ pO/ti+q'�, Market Insurance Company Y: SEAL M.Br t ay,-Y —1- Beaty,Assistant Se.aeta i� <,CENO�`:'• ;�� Richard R.Grinnan,Vice President anitt4eaviary Any Instrument Issued in excess of the penalty stated above is totally void and wdhoutany validity_510026 For verification of the audiorfty of this Power you may call(713)812.0800 on any butrness day between 9:30AM and 5s70 PM CST. S � 5 M w f W W co O 00 a. 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