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HomeMy WebLinkAboutJ&A Engineering Corporation (J&A Fence) - 2021-07-20 (3) RECEIVED By: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for Cl414 (Comp y Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. 1�011,30�1C0 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) / ft ,?/- CC No. /L0..31 Agenda Itemm No. Sy/ MSC No. City Clerk Vault No. &&/). SO Other No. SIRE System ID No. � g1forms/bond transmittal to treasurer CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION DATE: 8/2/2022 TO: THOSE LISTED HEREON FROM: DJ Kelly, PW Contract Administrator SUBJECT: Retention Release Payment- PO#27427-OJ 5upplier#121385 Co.#1256 BluffTop Park Improvements, Project#CC 1631 Contractor's Name: J&A Fence Address: 824 N Todd Avenue City, State and Zip Code: Azusa,CA,91702 Phone Number: 626-334-3209 City Business License Number: A310906 Notice of Completion (Date by City Clerk): 6/30/2022 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. ate Sean Crumby, Director of Public Works I certify that there are no outstanding invoices on file. 8�41 a.a (7-�aDate Joyce oyce Zac s, Deputy City Treasurer I certify that no stop notices are on file, and that a gua anty bond has been filed with the City Clerk's Office. Dat robin s niiflau, 7y ClerV`o�- -A k Attachments 1. Notice of Completion 2. Maintenance Bond 3. Certificate of Compliance with Prevailing Wage Laws 4. Contractor's Certificate 5. Certificate of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 6. Consent for Release letter from the Surety Company Batch 14248659 Confirmation Page 1 of 1 Recorded in Official Records,Orange County Hugh Nguyen,Clerk-Recorder J�J IIIi1IIIII III IIi1 III 11111111111 I IIII II III II dill NO FEE • * S R 0 0 1 3 .8 2 5 0 0 0 $ * 2022000233886 3:55 pm 06130122 tit PLEASE COMPLETE THIS INFORMATION 65 RW10A NI 2 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Ann:DJ Kelly P.O.Box 190=2000 Main Street Huntington Beach,CA 92648 • THIS SPACE FOR RECORDER'S USE ONLY iTI.E,0F,DOCUMENT • NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street,Huntington Beach,CA 92648.that the. contract heretofore awarded to J&AFence,who was the company thereon for doing the following work to-wit: BluffTop Park Improvements,Project A CC 1631 That laid work was completed 06/23/2022 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 Diredor of Public Works on 06/23/2022,per City Council Resolution No.2003-70 adopted October 6,2003. (` That upon said contract American Contractors Indemnity Company,was surety for the bond given by the said company as required by This document Is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 27383 and should be recorded free of charge. 60/3Qf 27 Dire or orCNyEngineer Date!! • City of Huntington Beach,California STATE OF CALIFORNIA (County of Orange) ss: (City of Huntington Beach) I.the undersigned,say:I um en Agent of the City of Huntington Beach,owner in fee,in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof;the same Is true of my knowledge. I dealers under penally of perjury that the foregoing Is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded In the Office of the County Recorder of Orange nty. • This document/s solely the°facial business of the City of Huntington Beech,as contemplated Oa 3 22_ under Government coda section 27383 and r of Pub or City Engineer Da should be recorded free ofchahre,. City of Huntington Beach,California i r THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 1 i • 1 r f 1 1 _ 1 t I httrne•/Ina eAnnrA=ronnrrlinrr nnm/12ate.11/Pnnfirmra+;nr./1 A')A t).GO G1111/7r1'Yf PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Attn: DJ Kelly P.O. Box 190—2000 Main Street Huntington Beach, CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach, CA 92648,that the contract heretofore awarded to J&A Fence,who was the company thereon for doing the following work to-wit: BluffTop Park Improvements,Project#CC 1631 That said work was completed 06/23/2022 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 06/23/2022,per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract American Contractors Indemnity Company,was surety for the bond given by the said company as required by This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 27383 and should be recorded free of charge. Dire or o c s or City Engineer Date City of Huntington Beach,California STATE OF CALIFORNIA (County of Orange) ss: (City of Huntington Beach) I,the undersigned,say:I am an Agent of the City of Huntington Beach,owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof;the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange C nty. This document is solely the official business of A �2 22 the City of Huntington Beach,as contemplated under Government code section 27383 and r of 01corks or City Engineer Da should be recorded free of charge. City of Huntington Beach,California THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) r Bond No.: 1001130462 Premium Included With Performance Bond MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That J&A Engineering Corporation dba J&A Fence (contractor's name) 824 N Todd Avenue Azusa CA 91702 (contractor's street address,city and state and zip code) as Principal(hereinafter called Contractor),and: American Contractors Indemnity Company (surety's name) 801_S Figueroa#700, Los Angeles, CA 90017 (surety's street address,city and state and zip code) a corporation organized and existing under the laws of the State of California with its principal office in the City of Los Angeles as Surety(hereinafter called Surety),are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of OneMillionOneHundredSixty-OneThousandFourHundredSeventy-Eioht&36/100 Dollars($1,161,478.36?, equivalent to the entire contract amount including all orders, for the payment whereof Contractor and Surety bind themselves, their heirs, executors,administrators,successors,and assigns,jointly and severally,firmly by these presents, WHEREAS,Surety is a duly admitted surety insurer under the laws of the State of California;and Surety is certified and listed in the U.S, Department of the Treasury Circular 570,and able to provide proof of bonding limitation shown in said circular is sufficient to provide bonds in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody's,Standard & Poor's,to validate that Surety has positive ratings of being secure or stable;and Surety is registered and listed with the California Department of Insurance;and Contractor has by written agreement dated July 5 ,2022,entered into a contract with Owner for the Bluff-Top Park Lodgepole Guardrail and Metal Railing Improvements in the City of Huntington Beach. Proiect#CC 1631 in accordance with drawings and specifications prepared by which contract is by reference made a part hereof(hereinafter referred to as the Contract):and The Contract provides that the principal will guarantee, for a period of one year,the work performed as part of the Contract from and against all defects in materials and workmanship;and The Contract also provides that the Contractor shall secure Contractor's obligations during the one-year period with a bond executed by a surety duly admitted in the state of California;and The Contract has been completed,and the Owner,Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be July 5 2o22, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shall be null and void; otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within thirty (30) days following Owner's written notice of default, either: (a) remedy the default, or (b) shall promptly complete the Contract in accordance with its terms and conditions. Surety shall save the Owner harmless from any claims,judgments, liens or losses arising from the Surety s failure to either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner. 15-4584/118138, 1 Bond No.: 1001130462 Whenever the Principal shall be,and declared by the Owner to be in default under the Contract,which shall include without limitation, any breach or default of the Contract, then, after written notice from the Owner to the Surety, as provided for below,the Surety shall either: (a)remedy the default or breach by the Principal;or(b)shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal,at its own expense, and make available as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder, provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner. Within thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, it shall be the duty of the Surety to give to the Owner a notice, in writing, of the Surety's election to(a)remedy the default(s)of the Principal promptly,or(b)arrange for performance of the Contract promptly by a contractor other than the Principal, time being of essence to this Bond, In said Notice of Election, the Surety shall state the date of commencement of its cure or remedy of the Principal's default(s) or its performance of the Contract, The Surety's obligations for cure or remedy, include but are not limited to: correction of defective work and completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to act: and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance by the Principal). The Surety shall give prompt written notice to the Owner upon completion of the cure or remedy of the Principal's default(s)of its performance of the Contract. If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's defaults) of its performance of the Work within thirty(30)days after receipt of a written notice from Owner, Surety shall be deemed to be in default on this bond,and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the owner named herein or the successors of Owner. Signed and sealed this 5rh day of July 2022 Principal Raised Corporate Seal J&A Engineering Corporation dba J&A Fence [MUST BE AFFIXED] (Contractor Name) By: )W/6dd 'MYP"&Seal) Principal Raised Corporate Seal _Miguel A. Miranda [MUST BE AFFIXED] President (Title) American Contractors Indemnity Company (Surety N By. &;I I {Seal) Blake A. Pfisfer,Attorney-i -Fact APPROVED AS,TR°' B �. NOTES: Nfiichael E. Ga es, City Attorney 1. Acknowledgments must be completed and returned ' as part of the bond. 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. 154584/118139 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notivy public or officer conVleting this cert KWe vaifies only the Wa tity of the individual who signed the doc;txxx►t to which this certificate is attacked,and not the truthfulness,accuracy,or vali ty of that document. State of California ) County of Q r a n a e ) On July 5 , 2022 beforeme, Lianne Nahina, Notary Public Date Here Insert Name and T1W of the Officer personally appeared Slake A. Pfister Name(s)of Signe(s) , who proved to me on the basis of satisfactory evidence to be the person(4) whose name(s) is/so Subscribed to the within instrument and acknowledged to me that he/dfOlelWAW executed the same in h"WMW>*authorized capacity#*,and that by hiss signature(,f'on the instrument the person, or the entity upon behalf of which the person(*acted,executed the instnumerrt. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Wr l"NESS my hand and official seal, N �� `°" ,^ LIANNE NAHINA Signature COMM. #2314283 M . W s % NOTARY PUDLIC•CALIFORNUI Signature Notary �� Cn `, MY COMM.EXP.DEC 5 2023 ry 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, Bond 10 01130462 Document Date: July 5 , 2022 Number of Pages: 2 Signer's) Other Than Named Above: N/Al N o n e CYO")Claiur by%5 s) Signer's Name: Blake A. Pfister Signer's Name: ------- 0 Corporate Officer --- Title(s): _ 0 Corporate Officer -- Title(s): 0 Partner — 11 Limited L3 General 0 Partner — 0 Limited 0 General 9 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator D Trustee 0 Guardian or Conservator Other, _ 0 Other: Signer Is Representing: American Signer IS Representing: Contractors Indemnity Company 02014 National Notary Association•www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item►#5907 TOKIO MARINE :H C C POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation,Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively,the"Companies"), do by these presents make, constitute and appoint: Blake A. Pfister of Mission Viejo, California its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Five Million***** Dollars ( ***$5,000,000.00*** ). This Power of Attorney shall expire without further action on January 31st, 2024. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 23rd day of September, 2021. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY *xM1.,nry �W,aa xWx nd»y a»Nt»»A taFeTOAt'to sr�ownit�-buk8yw �sw,»;,4, State of California ^ � fic� K n i61tM 1fpC 1' X �� 4�3 Y ,r" B � County of Los Angeles $ `4 ,!o cr s� .4' 5 ti. y• Daniel P.Aguilar,Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 23rd day of September, 2021, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company,Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. O.LrP EilEf,p �`� WITNESS my hand and offs I seal, - ryn came GOntmissl_N 2320307 Signature (seal) Mrcom�.twrre:rn3t.mt4 I, Kio Lo, Assistant Secretary o American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S.Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this Sth day of July 2022 anal»» aro„»n �mawm„y *,xax,ne»„ p 10 01 13 0 4 6 2 '�"""`t°":; o'"�"� Corporate Seals ,+. @o �4 Bond No. 1 '$�d �r. Kio Lo, Assi Secretary Agency No. 3074 -' HCCSMANPOA0912021 visit tmhcc.com/surety for more information . . . . . . . . Unx . . . . . . . . o w V x Dgg m?DC)_S = DgfnmDDC)2 ° I0 w �_^7 O'�° a O.r O m@ 7 �0 O - a° O C O ° x T° C C 7 o,0 m `�o m m° �mod3' v� mom vo g o ° p W Q F S O'W= Q F J O x J O x o w y x D w D 3(nmD D02 DO O O 3 Nm j> n 10 r o' o a o c o a x O ? O m O w -OD N o-30 w ° x 0 o Q x J Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: CC-1631 Project: Bluff Top Park Improvements The undersigned contractor on the above-referenced project("Project")hereby certifies that all laborers, mechanics, apprentices,trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage-rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 12th day of July ,2022 , at Azusa ,California. J &A Engineering Corp. dba J &A Fence (Contractor Name) APPROVED O FO By: M' ael E. Gates Attorney 1 CONTRACTOR'S CERTIFICATE I, Miguel Miranda , state and certify that: (Name of Declarant) l. J & A Engineering Corp. dba J & A Fence is the general contractor to the City of Huntington Beach("City")on Contract No. CC-1631 (the "Contract") for the construction of the public work of improvement entitled: Bluff Top Park Improvements (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"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services,materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California(list all disputed claims; if none,write "NONE"). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Azusa, California on this 12th day of July , 2022 qql ro e L 121IYQI (Signature of Declarant) APPROVED AS ORM Mich Gates Cityey 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-1631 Project: Bluff Top Park Improvements 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 12th day of July , 2022 , at Azusa , California. J & A Engineering Corp. dba J & A Fence (Contractor Name) APPROVED F By: Mic el E. Gates Ci Attorney 1 CONSENT OF OWNER SURETY COMPANY ARCHITECT TO FINAL PAYMENT CONTRACTOR SURETY X❑ AIA DOCUMENT G707 REFERENCE: Bond No. 1001130462 PROJECT: (name,address) TO(Owner) ARCHITECTS PROJECT NO: CC 1631 G -11 City of Huntington Beach CONTRACT FOR: Blufffop Park Improvements 200 Main Street Huntington Beach,CA 92658 ILJ CONTRACT DATE: July 29,2021 CONTRACTOR: 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) American Contractors Indemnity Company American Contractors Indemnity Company SURETY COMPANY, on bond of(here insert name and address of Contractor) J&A Engineering Corporation dba J&A Fence ,CONTRACTOR, hereby approves of the final payment to the Contractor,and agrees that 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 200 Main Street Huntington Beach,CA 92658 OWNER, as set forth in the said Surety Company's bond IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 5th day of July 2022 _American Contractors Indemnity Company Surety Company 6 Attest: Blake A.Pfister Signature of Authorized Representative (Seal): Attorney-in-Fact Title NOTE: This form is to be used as a companion document to AIA DOCUMENT G706,CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS,Current Edition AIA DOCUMENT G707,CONSENT OF SURETY COMPANY TO FINAL PAYMENT,APRIL 1970 EDITION I AIAS ONE PAGE C 1970,THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,NW,WASHINGTON,D.C,20006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§11189 A notary public or ow officer corrp"this catticate verifies only the identity of the irxlnrkkial who signed the doctmwt to which this cwrdficate is attached,and not the tnAhft*m=,ac mracy,or vatift of that document. State of California ) County of Q r a n g e ) On July 5 , 2022 beforeme, Lianne Nahina, Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A. Pfister Name(s)of Signers) , who proved to me on the basis of satisfactory evidence to be the person(* whose name(s) WSW subscribed to the within instrument and acknowledged to me that he/Ah*WAy executed the same in his/4*W*Y*authorized capacity*$,and that by hiss`signature(6)on the instrument the person ft or the entity upon behatf of which the perwo acted,executed the instrumwL I certify under PENALTY OF PERJURY under the laws of the Mate of California that the foregoing paragraph N LIANNE NAHINA is true and correct. T COMM.#2314283 ;0 WITNESS my hand and official seal. W m o NOTARY PUBLIC-CALIFORNIA y Ix ORANGE COUNTY N MY COMM,EXP,DEC 5,2023 Sig Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attaded Doc LuTient Title or Type of Documerrt:C o n s e n t 10 01130462 Document Dom• J u l y 5 , 2 0 2 2 Number of Pages: 1 Signer(s) Other Than Named Above: N/A, N o n e C yr)ChiinW by S9mis) Signer's Name: Blake A. Pfister Signer's Name: ------- U Corporate Officer — Titie(s): 0 Corporate Officer -- Title(s): 0 Partner — 0 Limited 0 General 0 Partner — 0 Limited 0 General 0 Individual [N Attorney in Pact 0 Individual 0 Attorney in Pact D Trustee 0 Guardian or Conservator 0 Trustee ❑Guardian or Conservator 0 Other: 0 Other: _ S�gner is Representing: American Signer is Representing: ontractors n emnity Company 02014 National Notary Association•www.NationaiNotary.org• 1-800-US NOTARY(1-800-876-6827) item#5907 TOKIO MART NE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation,Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the"Companies"), do by these presents make, constitute and appoint: Blake A. Pfister of Mission Viejo, California its true and lawful Attorneys)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Five Million***** Dollars ( ***$5,000,000.00*** ). This Power of Attorney shall expire without further action on January 313', 2024. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 23rd day of September, 2021. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY IN0 WWlayyy �,l"uala„ �vnercgww ONOINQCy a+ �, a.r '4r"•»...„,r y .��� State of California County of Los Angeles ` .a` �) Y �I; �k` $ By: -�....�: F Daniel P.Aguilar,Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 23rd day of September, 2021, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company,Texas Bonding Company, United States Surety Company and U.S.Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the.State of California that the foregoing paragraph is true and correct. WITNESS my hand and offi I seal. NouryPublk-CawgrM4 1VLos COMminllon �07 YC*MM-EK1**%JM31.W4 Signature d' (seal) I, Kio Lo, Assistant Secretary op American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S.Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect; furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In �tpess Whereof, IJhalve hereunto set my h�r�d2 nd affixed the seals of said Companies at Los Angeles, California this h day of y U wua ri M""ua+uy, „Nm"wa uuwraai 'pb.CTOgi a .p*pOINp $>fWj �"'Msw® Corporate Seals 1001130462 " w �4° - >� ``�s- - �, Bond No. 1 �' .' gyppa� �Qa9 � fi �Cb� W�, ZFsW V�3�S Y y.• �. Agency No. 3074 ;t ,* �;t�.V* �* s ;; *� ,3 W �• Kio Lo, Assi Secretary �aa1D lry�Wal�p yXaY"VN�� *MI"u Y"t\P� HCCSMANPOA09/2021 visit tmhcc.com/surety for more information . . . . . . . . ; . . . . . . . . N T. D Nm D>0:r O : DKN m D D(�S 0 = O C C O. O '� O O w 3' aD c`Di � o�3 w c°i � onm w` S p O Q x S x N T. D N m D>n S ? D w m j D>o m c m m° C 6 a° � C ()° " N O - a N ,' ��T w a d w D � w a a y o n w J D y o n w c T o m o o w n ° m �°o @' x S p'0 Q x S 0 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) �t4 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: ZL30J22 SUBJECT: Bond Acceptance I have received the bonds for (Com6hy Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. �Uo1/3o�-l�Z 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. ILP.31 Ate d& tem No. MSC No. City Clerk Vault No. �DU• S� Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer .rww.. ,-per....z.:;-sw9^.t •a-nr.r .x-..... W« ., RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerks Office (Alrmp) after signing/dating (Dab) ', AT CITY OF HUNTINGTON BEACH i INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: ?//ty,� � SUBJECT: Bond Acceptance I have received the bonds for AA L neerwli /"4 r.0. A;yt/J A Fr--7e4z {Company NMp) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. ) 0/136 Ll e Payment Bond (Labor and Materials) Bond No. ')v �I 3�I LII/Z 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 (Cared Approval Olen) CC No. Agenda Item No. MSC No. City Clerk Vault No. eZ)y• 15C Other No. SIRE System ID No. gltomwbond transmittal to treasurer CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND J & A ENGINEERING CORPORATION (J&A FENCE) FOR BLUFF TOP PARK IMPROVEMENTS 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 J & A ENGINEERING CORPORATION (J&A FENCE) , a 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 BLUFF-TOP PARK LODGEPOLE GUARDRAIL AND METAL RAILING IMPORVEMENTS in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: I. STATEMENT OF WORK. ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the 1 16-5195/City Funded Construction Contract.docx—revised 0412016 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 relving 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, direct]\• or indirectly. to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement: 13. 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/Cite Funded Construction Contract.docs—revised 04/2016 D. The edition of Simulnrcl .Specifications fin• Public Works Construction. published by Builders'Ncws. 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 Califomia Joint Cooperative Committee as specified in the particular Plans. Specifications. Special Provisions and Addendum applicable to the Project; 1�. Bid documents including the Notice Inviting [aids. 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 PROJLCT. 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 anv 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 One MMinn One I and red Sixty-One Thousand Four Hundred Seventy-Fight and Thirty-Sir Cents Dollars (S 1,161,478.36 ). as set forth in the Contract Documents. to be paid as provided in this Agreement. 4. COMMENCEMENT Of' PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within -THIRTY ( 30 ) consecutive Working days from the day the Notice to Proceed is issued by DPW. excluding delays provided for in this Agreement. 5. -TIME OF TITE ESSENCE The parties hereto recognize and agree that time is ofthe 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 terns 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.docs—revised 04/2016 subcontractors and CITY forces and- in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the prerniscs. 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 PROJIXT as DPW may require in writing. Under no condition shall CONTRACTOR make am' changes without the prior written order or acceptance of DPW. and CITY shall not pa\' any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. Whcn directed to chance 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 Procced is issued. In the event of a delay in commencement of the work clue 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 Constniction Contract.docr—revised 04/2016 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition. CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication. material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period. CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 6 16-5195/Cite Funded Construction Cwuract.docs—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. 1 I. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hcrcto that in case the total work called for hereunder is not in all parts and requirements f inishcd or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is. and would be. impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore. agreed that CONTRACTOR will pay to CITY. as liquidated damages and not as a penalty. the sum of FIVE HUNDRED DOLLARS ($ 500 ) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to. acts of God or of the public enemy, fire, floods. epidemics, quarantine restrictions. strikes. unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (I5) 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.doex—revised 04/2016 delay and CITY shall extend the time for completing the work if, in itsjudgment, the findings of fact thereonjustify 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 pan 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 (1 5) 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. DFMANDS 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,doex—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 (1) 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 (I5) days after receipt, including by requesting additional information from the CONTRACTOR to detennine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen (15) days 9 16-5195/01), 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, immcdiatcly upon encountering the conditions. CONTRACTOR shall notify the DPW in writing of the conditions. so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer, in writing,either within fifteen (1 5) days of receipt of the City Engineers response or within fifteen (1 5) days of the DPW's failure to respond within the time prescribed. respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement. then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference. if the Demand remains in dispute,the CONTRACTOR may file a claim with the City as provided in Chapter 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 QUAN-1ITIES 1-he 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 PRO.IECr 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. Tess the amount of all previous payments since commencement of the work. will be paid to CONTRACTOR. When CONTRACTOR has. in the judgment of DPR', 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 Contraci.docx—revised 04/2016 sum as will bring the payments of each month up to one hundred percent (100%) of the Value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR. CITY may withhold from the final payment an amount not to exceed 150 percent of the Value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law. each payment to be accompanied by a certificate signed by DPW, affirming_ that the work for Which payment is demanded has been performed in accordance With the terms of the Agreement and that the amount stated in the certif icatc is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any pan of the work. 15. WITHHELD CONTRACT FUNDS. SUBSTITUTION OI' SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon. CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by C ITY 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 Constriction 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. WAIVLR 01= 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 ol'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 ofthe Citv Clerk ofCTIY. 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. 13. 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-live 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. 19. 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.docs—revised 04/2016 resolution on file in the office ofthe 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. 13 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. 19. CALIFORNIA LIGHT-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. Q. pursuant to this Agreement and in accordance with California Labor Code Section 1811 CONTRACTOR shall. as a penalty to CITY, forfeit twenty-five dollars (S25) for each worker employed hereunder by CONTRAC"rOR or an}' subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in anv one 14 16-5195/CIt7 Funded Construction Contract.docs—revised 04/2016 (I) calendar day or forty (40) hours in any One(I) calendar week in violation of-Ca I ifornia La hot Code Section 181 5. 20. PAYMENT 017 TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code. regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRIWI ICES 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 anv. 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 ofany kind or nature. however caused. including those resulting from death or in ury to CONTRACTOR's employees and damage to CONTRACTOR's property. IS 16-5195/Cite 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 CON-RACTOR'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 .rev. of this Code, which requires every employer to be insured allainst 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 fir all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 16-5195/City Funded Construction Contract.docs—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 indemnfify CITY. CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR. its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT. and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage. including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1.000.000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars (SI.000.000) for this PROJELCT. 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 PROJ L'Cf shal I 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 CONITRACTOR by this Agreement. 17 16-5195/Cite funded Construction Contract.docx—revised 0412016 26. CERTIFICATES OP INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall fumish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement: the certif icatcs shall: I. Provide the name and policy number of each carrier and police: 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 CONTRACT-OR's defense. hold harmless and indemnification oblieations 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 hereinabovc 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 ofany claim filed with CITY or a court ofcompetentjurisdiction 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.docs—revised 04/2016 28. DETAULTANDTFRMINATION 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 tenminate 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 CIfY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and an}, damages shall he assessed as set forth in Section 29. 29. TLRIIINATION FOR CONVENIENCE CITY may temtinate 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 PRO.IIiCT through the termination period less all such payments already made. In case of such termination for convenience,the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's 19 I G-5195/C itv Funded Construction Contract.docx—revised 04/20 16 sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOSITION OP PLANS. ESI-IMA"TES 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. NONASSIGNAMI-ITY 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 oftwo(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 1 G-5195/City Funded Construction Cntractdocs—revised 0412016 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 hcreinabove) or to CITY as the situation shall warrant,or by enclosing the same in a scaled 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 f-luntington Beach J & A ENCINEERINC CORPORATION (J&A AT"I-N: Public Works ATlN: Miguel Miranda, President 2000 Main Street 824 N. Todd Avenue Huntington Beach. CA 92648 Azusa, CA 91702 35. SECTION HEADINGS The titles. captions. section. paragraph and subject headings. and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions,and do not interpret,dclinc. limit or describe,or construe the intent of the parties or aflcct the construction or interpretation of any provision of this Agreement. 21 16-5195/Cite Funded Construction Contruct.docx—revised 04/2016 36. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws ol' the United States and shall, in particular, comply with the provisions of United States Code Section 1324rr regarding employment verification. 37. LEGAL SERVICES SUBCONTRACTING PROI-II131'I IUD CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY: and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 38. A'[-I'ORNI:Y'S IT S 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 attorneys fees. such that the prevailing party shall not be entitled to recover its attorneys fees from the non-prevailing party. 39. INTERPRETATION Of THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning. and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement. the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the 22 16-5 19>/City Pundcd 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 ORIGINAI. 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 conscnt/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consciWapproval 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 16-5 M/City Funded Construction Contract.docx—revised 04/2016 45. SIGNATORII S I''ach undersigned represents and warrants that its signature hcrcinbclovv 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 in urics or damaues to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 46. 17NfIRETY I"hc panics 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 opporttmity 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. '['his 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 -jr by and through their authorized officers on July 29th 2021 -* y*prB"J Q�JC'/k/lci��Yl lftl/r/�61)) 44,21 CONTRACTOR: ✓ CITY OF INGTON BEACH,a municipal co io a State n lifomia By: 01%�dce ?I'Iii�.vcL ' Miguel Miranda Mayor (print name) ITS: Chairman iden Vice-President City Clerk S /y�dl (circle one) MINITIA D A A ED: AND By: WigrveL 737evA,,74 Director ofPu ' Works Miguel Miranda (print name) R ED APPROVED: ITS: ®/ Chief Financial Officer / Asst. Secretary/Treasurer (circle one) City Manager APPROVED AS TO FORM: .a,� City Attorney 25 16-5195/City Funded Construction Contrect.docx—revised 04/2016 EX4h91T-',4 ' SECTION C PROPOSAL for the construction of Bluff Top Park Lodgepole Guardrail and Metail Hailing Impruvcmcnts CC No. 1631 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic Bids, the undersigned hereby proposes and agrees to perform all the work therein described,and to furnish all labor, material,equipment and incident insurance necessary therefor,in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach,and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days,starting from the date of the Notice to Proceed with Work after materials are procured. 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 DELE fE 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. 10%of Accompanying this proposal of bid, find Bidders Bond for 10% in the amount of bid price which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Electronic Bids, payable to the .AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder'.s.Si nature N/A N/A C-2 CITY OF HUNTINGTON BEACH PROPOSAL BID SHEET FOR BLUFF TOP PARK LODGEPOLE GUARDRAIL.&METAL RAILING BID SCHEDULE NO. DESCRIPTION QUANTITY UNIT UNIT ITEM PRICE TOTAL rMobilization and Demobilization I I_S $8.500.00 $ 8,500.00 Remove and Dispose of Existing S 12.90 $ 51,200.10 Steel Railing & Concrete Footings 3.969 LF (Footing Holes to be filled with Compacted Backfill' Remove and Dispose of Existing S 12.50 S 2,000.00 Miscellaneous Concrete Footings 160 EA (Footing Holes to be filled with Compacted Backfill) Remove and Dispose of Existing S 9.00 $ 37,593.00 4 Steel Railing (Footings to Remain as 4,177 LF Needed) Construct 2-Rail Lodgepole Railing 8,357 LF $ 85.00 5710,345.00 Per Detail, incl. Footing) 6 Remove and Dispose of Existing 1,532 LF $ 12.00 $ 18,384.00 Metal Handrail (Ramps & Stairs Construct New Stainless Steel 7 Handrail with Baseplate in Check 705 LF $ 225.00 $158,625.00 Wall per Details in Plans(Ramps& Stairs) Construct New Stainless Steel 8 Handrail with Baseplate on 456 LF $ 150.00 $ 68,400.00 Ram /Stairs per Details in Plans Construct New Stainless Steel 9 Handrail in Original Post Holes on 477 LF S 150.00 S 71,550.00 Ramp/Stairs per Details in Plans Remove and Dispose of Existing 10 Wood Poles & Inclusive of Chains '-)Is EA $ 61.93 $ 13,500.74 (Footing Holes to be filled with Compacted Backfill) Construct New Stainless.Steel 1 I Guardrail in Original Post Holes on 84 LF $ 254.53 $ 21,380.52 Cheek Wall per Details in Plans C-2.1 Total in numbers S 1,161,478.36 Total in words: One Million One Hundred Sixty One Thousand Four Hundred Seventy Eight Dollars And Thirty Six Cents NOTE:The estimated quantities listed in the Proposal Bid Sheets are approximate and are to be used only as comparison of bids. Payment for quantities will be made from field measurements. If the actual quantities show either an increase or decrease from the quantities given in the Proposal Bid Sheet, the Contract Unit Prices will prevail. Full compensation will be paid at the contract price for the actual work cumpleted, and no additional compensation will be allowed therefor. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract; this includes rejected material not unloaded from vehicles and material rejected after it has been placed. No compensation will be allowed for disposing of rejected or excess material.The City reserves the right to reject all bids and to increase or decrease the amount of any quantity shown on the Proposal Bid Sheets. In case of a variation between the unit price and the totals shown by the bidder,the unit price will be considered to he the bid. Bidder's Name: J 8 A Fence Telephone No.: (626) 334-3209 C-2.2 ALTERNATE BID SCHEDULE NO. DESCRIPTION QUANTITY UNIT UNIT ITEM PRICE TOTAL Construct New Anodized Aluminum Handrail with Baseplate in Check 12 Wall per Details in Plans(Ramps R 705 LF $198.58 S139,998.90 Stairs) —In Licu of Item 97 Construct New Anodized Aluminum 13 Handrail with Baseplate on 456 1-17 $110.53 S 50,401.68 Ramp/Stairs per Details in Plans —In Lieu of Item #8 Construct New Anodized Aluminum Handrail in Orieinal Post Holes on 14 Stairs and Cheek Walls per Details 477 LF $103.36 S 49,302.72 in Plans — In Licu of Item k9 Construct New Anodized Aluminum 15 Guardrail in Original Post Holes on 84 LF S178.58 $ 15,000.72 Check Wall per Details in Plans - In Licu of Item #1 I ALTERNATE BID ITEtNI The following Alternate Bid Item amounts may be added to Total Bid Price entered above at City's sole option. City can choose to include one or more of the Alternate Bids in the Project. If any of the Alternate Rids are selected by City,the resulting amount shall be added to Total Bid Price for the Project. City may select uric or more of the Alternate Bids at the below stated Bid Price up to sixty (60) days following award of the Contract. City can award/select Alternate Bid items at any time(s). The Contract duration shall commence on the date stated in District's Notice to Procecd. and shall be completed by the Contractor in the time specified in the Contract Documents. In no case shall the Contractor commence construction prior to the date stated in District's Notice to Proceed. Total in numbers of Bid Schedule Items H'ith Alternate Bid Items in Lieu of Items 97, 8, 9 & 11 S 254,704.02 Total in words: Two Hundred Fifty Four Thousand Seven Hundred and our Dollars And Two Cents C-2.3 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 K gistmtion# 11noUnt Contract Number N/A N/A N/A N/A N/A N/A By submission of this proposal, the Bidder certifies: I. 'I'hat he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. 'fhat the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractorifor 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 7/13/21 , at Azusa _ Dote Oil- State California being first duly sworn, deposes and says that he or she is owner of J &A Engineering dba J &A Fence 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. J &A Fence Name of Bidder I 3J%1�G ueL �r'7i3Onc�a Signature of Bidder 824 N. Todd Ave., Azusa, CA 91702 Address of Bidder C4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNT INGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the perfonnance of the work specified in the contract,known as the Bluff Top Park Lodgepole Guardrail and Metal Railing Improvements, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title R, California Administrative Code, Section 2700, as follows: "Qualified Person: A person wha, 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. J & A Fence Contractor Miguel Miranda — �R�/�LG( O1liv�i)A By Owner Title Date: 7113/21 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes m No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 C 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 perfomtance of the work of this contract. J & A Fence Contractor Miguel Miranda By Owner Title Date: 7/13/21 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: J & A Fence Bidder Name 824 N. Todd Avenue Business Address Azusa CA 91702 City, State Zip ( 626 ) 334-3209 inafence@yahoo.com Telephone Number Email Address 913941 C-13 State Contractor's License No. and Class 4/15/ 008 — Orivinal Date Issued 4/30/2022 Expiration Date The work site was inspected by Miguel Miranda of our office on July 6th , 2021. The following are persons, firms,and corporations having a principal interest in this proposal: Miguel Miranda President Secretary and Treasurer The undersigned is prepared to satisf}, 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. J & A Engineering Coro dba j & A Fence Company Name /SUP� �77'7t vlal��r Signature of Bidder Miguel Miranda Printed or Typed Signature C-S NOTARY CERTIFICATE Subscribed and sworn to before me this Cg day of , 2021 . 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 Lc,, A,c�e teS ) On U 1 before me. A i do, t_l<�l.Y;, ( l , I� . C 6l6'4h, Day, and Year Insert Name and Title ofNotat personally appeared and(. Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(X whose namcf4 is/arf subscribed to the within instrument and acknowledged to me that he/s�6/t*y executed the same in his/hy'/thgfr authorized capacity(iA,and that by his/hgf/tlir signaturco on the instrument the person(}, or the entity upon behalf of which the persono acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. AIDA E.AWAREZ � ��COh7M.Y 230a 732; V Gii 7l5:IC CitffGF„nA L1 ti 'OS ANGEIES COIM'iYn //,, CCJW ExPiRE$SEof it 7J1J' Signature Signature of Notary Public (PLACE NOTARY SEAL, ABOVE) C-9 C Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of perimeter fencing improvements, barbed wire security fencing and/or retrofitting, electrical conduit, pull boxes, and miscellaneous electrical improvements. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below arc the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: I. Ontario-Montclair School District - 950 West D Street Ontario, CA 91762 Name and Address of Public Agency Name and Telephone No. of Project Manager: Ron Ebarb - Tel. (909)476-0590 $884,500.00 Installation of Perimeter Fence&Gates 12/17/2020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Fabrication and installation of wrought iron fencing and gates on different school sites 2. Ocean View School District - 17200 Pinehurst Lane Huntington Beach CA 92647 Name and Address of Public Agency Name and Telephone No. of Project Manager: Milo Oostinga - (909)376-8186 $2,849,000.00 Fence and Gates Installation 11/30/2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Fabrication and installation of chain link and wrough iron fencing and gates on various school sites. 3. Ontario-Montclair School District - 950 West D Street, Ontario, CA 91762 Name and Address of Public Agency Name and Telephone No. of Project Manager: Joe Ellis - Tel. (909)767-8430 $1 262 250 00 Gates and Fencing Installation 912612018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Fabrication and installation of Wrought Iron Fence and Gates on different school sites. C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. l. Miguel Miranda Name of proposed Project Manager Telephone No. of proposed Project Manager: (626)705-7521 _North Shore ES Fencing Project Fence and Gates Installation 7/24/2020 Project Name& Contract Amount Type of Work Date Completed City of Santa Ana-Jerome Park Installation of Chain Link Fence and Gates 8/21/2020 Project Name & Contract Amount Type of Work Date Completed Castaic High School- Increment 2 Installation of Wrought Iron Fence and Gates 5/08/2020 Project Name & Contract Amount Type of Work Date Completed 2. Name of proposed Superintendent Telephone No. of proposed Superintendent: Project Name& Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to S13 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20.2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July I through June 30 state fiscal year) with the California Department of Industrial Relations(DIR).Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SR 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet_6.')O.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://etiling.dir.ca.gov/PWCR/ActionServlet?action=displayII W CRegistraLionl'orm DIR's Contractor Registration searchable database: https://efiling-dir.ca.gov/PWCIZ/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 17255 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. I &A Fence Contractor n Miguel Miranda vZ� ��J/rLliv7/(3 By mike@jnafence.com Email Owner Title Date: 7/13/21 PWC Registration M: 1000010231 C-12 Bond No . : 1001130462 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,P of Huntington Beat(hereafter referred to ay'Cltylhafr a%yrdE e o c e i g A Engineering orporation ba J tY A N o d venue zusa (name and address of Contractor) ntra for work de5e t a follows: (herein fler rr��tfertedlo as'Pd ctpal ),.a cont[ad('CL c� if d M Blu f-Top ark o ge o e uar .a> ^ an nr; neto❑ each (Protect Title) WHEREAS, Principal is required under the terns of the Contract and the California Civil Code to furnish a secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by bond to law, by duly admitted surety insurer under the laws of the State of California (hereinafter referred to as 'Surety-); and Surely is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of o sufficient bonding limitation, as shown in said circular t provide bonds in the amount required by said Contract;and ch as from A.M. Surety has su Standard &poc s to validate t financial strength ratings from reputable companies, e that Surety has positive ratings of being se or stable;ad Best, Moody's or Surety is registered and listed with the Califomia Department of Insurance. NOW THEREFORE,we,the undersigned Principal,and American Contractors Indemnit om any 9nnt7 80l S F� g rPro Sr Ii700(name and address of Surety) as Surety,are held and firnly hound unt City in the anal um of OneMillionOneHundredSixt -8nel�housandFourHundredSevent _= _____ — ddlars(E' h r'7 8 6 ) this amount being not less than one hundred percent(1IH1%)of the tolalprke set forth In the Contract,iWeawhal o°selves andeach ofaa Sheirs. America.for the paymerrt of which sum,well ad truly to be made, firtnl b these presents. exeafors,administrators,successors,end assigns,jointly and.severelly, Y Y THE CONDfTION OF THIS 06!IGATION IS SUCH THAT,H the Principal.hi of Cher persons'named IcunlSectlon administrators,successors or assigns,or subwntractabor materials fail al pay arty 3181 of the California�Civ Civil Work dlamants')for escribed in the all labor ct or amounts due under he Unemployment for use in performs rformed b an such Claimant,Or prevailing wages due and Insurance Code with.respect to work or labor pe Y Y or amounts penalties incurred pursuant to Sections 1774, V7 ,1813 or 1815 me of the labor Code, required to be deducted.withheld and Paid Over to the Employment Development 0 of th Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13050 ryw10 pay for°�same, Insurance Code with respect to the work or labor performed under the Contract, in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shell be null and void. This bond shall Inure to the benefit of any of the persons named In Section 3181 of the California this Code so as to give aright of action to such Persons or their assigns. In case any action Is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee In an amount foxed by the cart. PAYMENTBOND Page 1 of Bond No . : 1001130462 Surety stipulates and agrees,for value received,that no change,extension of time,alteration, addition or modification to the terns of the Contract,or any contract document or any work lobe performed thereunder,whether made after notice or not,shag in any way affect,impair n release the obligations of Surety under this bond. Surety hereby waives notice of any such change, extension of time,alteration,addition,or modification to the terms of the Contract,the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code§§ 2845 and 2849. IN WITNESS WHEREOF,each party represents and warrants that this instrument has been duly et forth below,that the name of each corporate Party executed by Principal and Surety,on the date s being affixed hereto is such party's proper legal name and that the individuals signing this Instrument have been duly authorized pursuant to the authority of its governing body. Surety,by execution of this bond,waives any defense which re s bond. may have by reason of any failure of the Principal.to execute or properly Dated:Au8u5 t_ 4 , 2021 J & A Engineering Corporation ATTEST d b a J e n c e (principal Name) (Corporate Seal) Name: Ieue Ira a President Title: ATTEST om any American Contractors n emn urety a e} (Corporate Seal By a e 6 Is er , t orney—in—fact Name: (Signature of Agomey-in-Fad for Surety) 310 649-0990 (Attach Attomey-in-Fart Certifxale) q}R- Code 8 Telephone Numlxr for Surety') APPROVED As T 9y. Itorney / ' eel E.Gates, r lY �Z joy ii rI Nora: This bond must be executed in duplicate snd dated,sitsignatures must be notsrind,and evidence of the authority or any person signing as attomey4,_rsd must be attached. PAYMENT BOND Pago 2 of 2 15-4594n17357 CAUF011N14k ALL-PURE! ACKNOWLEDGMENT CML CODE $ 1188 A notary Pubic or Vier offroer completing this certificate vwrfies only the identity of the individual who agied the docunarrt to~ft esrtitfcate is attached,and not the trumfuir> , accuracy.or vsldly of Viet dome nest. state of Calffomle ) Cotsfiyof Oranaa ) on August 4 , 2021 Ink Iffle, Lianne Nahina , Notary Public pate Here Insert Name and TIVe of the Officer pwso^ajN appeared Blake A. Pfister Names)of Sipner(s) who proved to me on the basis of s"actory evidence to be the person(f whose name(s) is/AV subscribed to the within instrument and acknowledged to me that he/eisoi executed the same in his/0MM1sIt!authortr d capacity",and that by hfa/INV1Mt'srgnatureo on the irstrtmtent the person*. or the entity upon behalf of which the person(* acted, executed the irstrument- I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and coned. WITNESS my hand and offidal seal. .w° -- WNNE NAHMA H S COMM. a 2314283 pnature of Notary Public i F rgTrlRr/1JOltGCK1fTRMA ORANGE COUNTY N NY CON M EXP.DEC S.2123 Place Notary Saal Above OPTIONAL Though this section is optional, completing this information can deter atteradon of the document or fraudulent reattachment of this form to an unintended document. Descr"on of A!ledwd Docrarrent Title or Type of Docurnerrt I „❑d I ()u I I i()S o Document Date; Number of Pages: 2 Signor(s) Other Than Named Above: ' n e Coped"") Clsirned by iWw" signer's Name; - lake A . Pfister Signer's Name: ------- ❑Corporate Officer — TftWsy ❑ Corporate Offcer — Trtle(s): O Partner — Limfted O General ❑ Partner — ❑Limited ❑General O Individual Z Attorney in Fact ❑ Indrvtdual ❑Attorney in Fact ❑Trustee ❑Gtrrd n or ConosrvoW ❑Trustee ❑Guardian or Conservator ❑Other. C Other gAniyr is R@prd@Wdft A me r i c a n Signer Is Representing: ontra tors rnuemnlLy OM4 NMlorrsl NoWy Anxiafion • www.Nato-WNctary.org • 1-800-US NOTARY(1.80O-876-6827) kem ft5907 TOKIOMARINE \� H C C POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS That American Contractors Indemnity Company, a California corporation Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company. a M aryland corporation and U S Specialty Insurance Company, a Texas corporation (collectively, the -Companies'). do by these presents make, constitute and appoint Blake A. Pfister of Mission Viejo, California its true and lawful Atiomey(s)-m-fad, each in their separate capacity if more than one is named above with full power and authority hereby conferred in its name. place and stead to execute acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ""'Five Million""' Dollars I " $5.000.000 00— ) This Power of Attomey shall expire without further action on April 23'°,2022 This Power of Attorney is granted under and by authonty of the following resolutions adopted by the Boards of Directors of the Companies Bert Resolved that the President.any Vice President any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Anorney(s)-m-Fact to represent and act for and on behalf of the Company sublecl to the following prowsons Attomey-in-Fact maybe given full power and authority for and in the name of and on behalf of the Company.to execute.acknowledge and deliver,any and all bonds. recognizances contracts agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages andlor final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder and any such instruments so executed by any such Attomey-m Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary Bert Resolved that the signature of any authonzed officer and seal of the Company heretofore or hereaffer affixed to any power of attorney or any certificate relating thereto by facsimile.and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached IN WITNESS WHEREOF The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 111 day of June 2018 AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED STATES SURETY COMPANY U.S,SPECIALTY INSURANCE COMPANY e su•r. State of California o County of Los Angeles s By Daniel P Aguilar,Vice President A Notary Public or other officer completing this certificate venfies only the identity of the indnridual who signed the document to which this certificate is attached and not fhe truthfulness accuracy or validity or that document On this 1"day of June, 2018 before me. Sonia O Carrelo. a notary public. personally appeared Daniel P Aguilar, Vice President of American Contractors Indemnity Company. Texas Bonding Company, United States Surety Company and U S Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the vnthm instrument and acknowledged to me that he executed the same in his authorized capacity. and that by his signature on the instrument the person, or the entity upon behalf of which the person acted executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal .., ,77. �'�'� f`- �(1�gJl'�. i Signature Of lseahi•••..F.i , I Kio Lo Assistant Secretary American Contractors Indemnity Company Texas Bonding Company. United States Surety Company and U S Specialty Insurance Company do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Companies. which is still in full force and effect furthermore the resolutions of the Boards of Directors set out in the Power of Attorney are in full force and effect In Witness Whereof I have hd and affixed the seals of said Companies at Los Angeles. California this ereunto set my han 4th day of August 2021 . Corporate Seals d"`°' o".-°Ypr ••`Y•4 . Bo d No 1001 130462W�S� •( a ° �Y• :-' `�'• �i` 'r� s,. Kio Lo. Ass, Secretary Agency No. 3074 iiccsuw°o�os•`°+e visit tmhcc com/Surety for more information CONTILICTOR'S SWORN STATF,MENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM: J&A Engineering Corp.dba J&A Fence PROJECT: Bluff-Top Park Lodgepole (Coabactar Name) Guardrail and Metal Railing Improvements 824 N. Todd Avenue (soot Address) Azusa, CA 91702 (crty,state and zip) TO: CITY OF HUNTINGTON BEACH DECLARATION Attached hereto is a trod and tonne copy or the parent Certirwe of Irnvance am Additioral Irwire d aidonane+d CG 2010 1185, wtddi Cerdn=e cm:ipN.s wHh the tswrdr[e reg&emmts Of the ountraa by and between the Gty of Huntnjtonl Beach("city")and the abovanamed Contractor('Cwwa=)far the above-described pm)ed(`Profed'7. . I declare order penalty of perjuy caber dx haws of the State of CatfwNa that the above statement Is bite aid mnec. Stg ed m_ August 8th 20�—' at Azusa.Califomia (pate) (oty,stater . `�JT�l6✓�[ JYJi.�e�� (Soialtre of indM&,W Who h Magng 0edaratlon} WARRANTY Conti hereby warrants and agrees m nab Pmtlucts and Conipteted Oper"m Insurance In oompbnm with the Insurance rewirements or 0x comma for the Project. Said hurance Shall be matntahhed through and erdD the esyhatlm or an tranraritles provided try Cmo actor. Said ituwerxe shall wnteln Andltionel Iraarred Erdorxrnent CL 2010 1185,namtrhg city as an additional Irtnaed, Contractor shall supply to City,on at least an annual basis,a Cerarlote or{name aria the afaementionall &MrSern nt eviclencng mndmed average which meets 0he Contract regWrema Signed on August 8th ,202-1 at Azusa,California (Date) (GtY,State) COMMACTOR: Name: J &A Engineering Corp. dba J &A Fence By 3,'I i,-vat fir/ �ai7aq Name—Fiiguuel Mama Tak: press en :rrmh� Bond No. : 1001130462 Premium:$23,230 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS2CIy oTuntinglon Beach(hereafter mferrod to as'C'dy7 has,by wrigen sgreamenl dated J u y y 20 LPL entered into a contract with a e n c e e , In ineering Cor oration 2 —$ 4 N -I O d d Avenue A�� and address Of Contractor) (hereinafter referred to ea'Ptindpal .for.Performance of the work described as follows: !i Bluff—To Park I a ole Guardrail and Metal RPACh (Projed rise) WHEREAS, said contract. and OR documents mferenced therein (hereinafter colleca"111 'Contract')- are incorporated herein by this reference made a Pad hereof as though set forth herein in fun;and Said Principat is required under the terms of the Contract to furnish tfmsbad gun dertthe � of the Stale eeing the prompt.IUR no to oft performance of said Contract by a duly admitted surety . California(hereinafter started to as'Surety*);and Surety is certified and Rated in the U.S-. Department of the Treasury Cirwtar 570,and has provided prool of - sufficient bonding.limitations as shown in said circular to Provide bonds in the amount requied by said Contract and Surety has pmNded ti ancial strength ratings from ve mung of balno s,such as from A.M.east.Moody's,or Standard 8 Pools,to validate that Surety has PosiRva ratings o!being seam a Stable and Stm ty is regis(erad and listed with the California DePaf innent of Insurance. NpW,THEREFORE vre,tiro and ad, s Pd�tnnddPa11 and . American Gontract0 S I¢tiemn>,ty CO � (name and address m Surety) ' Ted e yrety,eredheld and tRmty bound°rto ClSy t^the P�ru'"'of O n e M i l l i o n0 e H u n u--- , Sixty t1 ne7 h ousandk'ourB undre even v- i8 dth° set lormm Dollars .4 i 6�0 =fhb amauM being not less than are hundred s m,well price fir the Paym . .I and m71v to be made. the contract In V5-lawful Our of Me United States. end of wtS'u`�gum,well-. b Mere we bad ours°Ives.our heirs.amcvtors,admktstretore and stwcessors,.]olnfy and eaveralry.famN Y .. presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT d the Pdndpal shah promptly,hdye P and faithfully perform each and an of the covenants,Obligation and things to be done and Pe�^^0d fry the Prindpel M strict accordance,with the terms of the Confmct as said contract may be atened,amended or modified from time to contime: lice with PondPel shag Indemnty and save harmless City and an of Ciry's of icera,agents and errobYeea(hereinafter coled V referred to es'Obllf7ees�fromony and allfosses,Iha y to and damages. Balms,judgments,stop notices,fees and,cests of every description,whether imposed the raw or in l In the i which may be7nc rred by the Obligees by Reason of the failure ordefaull on the pan of the Principal In the perfonranee of any or an of the terms a the obligations of the Contract,inducting el�te is obligation shell be and modifications thereto,and any warranties or guarantees required thereunder, '. void;Otherwise,it shag be and Shan remain In fun force and effed. Surety stipulates and agrees,for value recejved,that no adjustment of the or poke in.ttre Contract or any . orm alteration,change.deletion,addition or other ad mod�Oatlanator�heae$��ob11gations of the Sure to be pry under this thereunder,shot,th any way afiecL lImIL restrict, p and any other alteration change. Bond. Surely v2Nea notke of arty adprstment of centred a contract pica, onrmed Itrerers+der,end agrees delatlon,.addition or other modification to the Contract.or the work to be PeK 15A596/117176 '. Bond No. 1001130462 to automatically adjust the penal sum of this Bond to reflect such adjustments,alterations,changes, deletions,additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum ttoSCity o and n not less then a quarterly basis. Surety also waives the provisions of Civil Code§§ 849. 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,or.the date set forth below,that the name of each corporate party being afticed hereto is such party's proper legal name and that the individua gning this instrument of nt have been duly authorized pursuant.to the authority of Its governing body. Surety, Y e this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated:Augus_ t 4 ' 2021 J & A Engineering Corporation ATTEST d b a ante (Pnncpal Nam-) (Corporate Seal) _ g /I'!//xlo ©In/rCenefLE � Nam A hfi recta. Title: President ATTEST American Contractors n emnitY _ompany iSarety N e) (Corporate Seal) •`+ ' By' ,2s er torney—in—fact ' Name: a e (Signature of Atlomey-r-Fad for Sun:h/) 310 649-0990 (Attach Attorney-in-Fact Certificate) (Ar-a Cade✓S Telepnone Number for Surety) APPROVED AS TO F gy, 0-eE.G ates.City Attorney r --50. v Mote: This.bond must be executed in duP61111e and dated,all S"fums must be rwtarized,and evidence of the &441onty of any person signing as attomeyarrfact must be attached. PERFORMANCE EOND Pagc2of2 1545941117174 CAL FORNM ALL-t•URVOiE ACKMOIMLEDOUrWr CML CODE $ 1189 A notary pubk Cr clO>A Officer oomplsWV the mtificale verifies onty the identity of the vidrvdual who signed ft docur,ent to whiCh ft certificate is attacted,and not the VuttTfi.* a,acaaacy,or vaidrty of that docment State of Callfornle ) County of Orange ) pnaugust 4, 2021 hkj ffW Lianne Nahina , Notary Public DAW Here Insert Name and 7R/e of the Officer M Rlake A. Pfister Names)of Soler(s) who proved to me on the basis of satisfactory evidence to be the person(o whose name(s) is'mW subscribed to the within instrument and acknowledged to me that he./' 111% executed the same it hWWMMINW eaAhoraed capacity.and that by his/#&*V wf sngnatureo on the instrtanent the persono. or the entity upon b~of which the person* acted. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Caiifomia that the foregoing paragraph q� MYCOMMAXROECCMII LRANNE NANNIA is true andcorrect.COMM. s 2314283NOTARYrys XX.#jF RW A wrrNEss my hand and official seal. ORANGE COUNTYN Soma"of Nofty Pit& Piece Notary Seal Above OPTIONAL Though this section Is optional, completing this information can deter alteration of the document or fraudulent rwitachment of UW form to an unintended document. Deacrip m of Attached Doaxnertt Title or Type of Docurtteft h()1 n l l u i) 1 13 0 4 6 Document Date: Number of Pages: Signers) Other Than Named Above: r, - CapeeiWes) Cb nRed by Npnr" Sonars Name: Blake A. Pfister Signers Name: 0 Corporate Officer — Ti*s): 0 Corporate Officer — Tr*s): O Partner — �:]Limited 0 Gwmnei O Partner — Limited `General 0 Individual ®Attorney In ftot Z In drvOual ❑Attorney in Fact O Trustee 0 Gusrdien or Conservator 0 Trustee O Guardian or Conservator 00Bar. 0 Other: Stall►le Repngordina A m e r i c a n Signer Is Representing: Contractors Indemnity Company GM4 Nalionll NoWy Amociahon • www.NationalNotary,org • 1-WO-US NOTARY (14W-676.6827) Item s5907 TOKIOMARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company. United States Surety Company, a M aryland corporation and U S Specialty Insurance Company, a Texas corporation (collectively. the'Companies') do by these presents make, constitute and appoint Blake A. Pfister of Mission Viejo, California its true and lawful Attomey(s)-In-fact. each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to Include riders, amendments, and consents of surety, providing the bond penalty does not exceed --Five Million•"•' Dollars ( "'S5,000,000.00"' ) This Power of Attorney shall expire without further action on April 23'.2022 This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies Be rr Resolved That the President,any vice-Presdent, any Assistant Vice President.any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)In Fact to represent and act for and on behalf of the Company sublect to the following provisions Attorney-w-Fact may be given full power and authority for and in the name of and on behalf of the Company.to execute acknowledge and deliver any and all bonds. recognizances contracts agreements or indemnity and other conditional or obligatory undertakings. including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts.and any and all notices and documents canceling of lerminahng the Company's liability thereunder,and any such mstruments so executed by any such Attorney in Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary Bert Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certifcale relating thereto by facsimile and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached IN WITNESS WHEREOF. The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1"day of June, 2018 AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY State of California —� County of Los Angeles _ _ BY Daniel P Aguilar, Vice President A Notary Public or other officer completing this certificate venhi only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness. accuracy. or validfi of that document On this 1"day of June, 2018 before me. Sonia O Camelo a notary public, personally appeared Daniel P Aguilar, Vice President of American Contractors Indemnity Company Texas Bonding Company. United States Surety Company and U S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name Is subscribed to the within instrument and acknowledged to me that he executed the same in his authonzed capacity. and that by his signature on the instrument the person. or the entity upon behalf of which the person acted executed the Instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature - --- (seal) I. Kip Lo. Assistant Secretary American Contractors Indemnity Company. Texas Bonding Company. United States Surety Company and U S Specialty Insurance Company. do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attomey. executed by said Companies which is still in full force and effect furthermore. the resolutions of the Boards of Directors. set out in the Power of Attorney are in full force and effect In Wittnness Whereof. I have hereunto set my hand and affixed the seals of said Companies at Los Angeles. California this 4th day of August 2021 Corporate Seals to Bond No 1001130462 Agency No. 3074 K,o Lo. Ass�kC etary �ccsw.wrro.aerso+e visit tmhcc com/surety for more Information ACORo°° CERTIFICATE OF LIABILITY INSURANCE DATE°"AgDDnYT lko. � 1 07/28/2021 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 all ADDITIONAL INSURED, the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certaln policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements). PRODUCER -P<U Ev Vazquez Prado Insurance Services .�?,E=tl: 714.425-1032 iac,J: 844-274-0020 18301 Von Karman Ave Suite 560 LDDRE5_5' cuneritneMco6-gvysqu+puoo.cam Irvine, CA92612 INSURCR(S)AFFORDING COVERAGE NAIC# INSURER A:96cK008rd IRILAIn a COMPeny 26611 INSURED INSURER 0:AmGJARD Igne6nce CorrP" 42390 J and A Engineering Corporation DBA J and A Fence INSURER C:Etl a 16E nnurance 16168 045 824 North Todd Ave INSURER U:EavealPnmJerlmurmm Ca M_ny 6045 Azusa, CA 91702 INSURER B: The Ohio C,I all/InFu6nce Comport 240'la INSURER F: COVERAGES CERTIFICATE NUMBER:29006014 REVISION NUMBER: 'THIS IS'1'0 C-ER I IFY 7'HAI 'rHE POLICIES OF INSUHANCIi LISTED BELOW HAVE.BEEN ISSUED TO THE INSURED NAMED ABOVE FOR T HE POLICY PERIOD INDICATED. NOTWITHSTANDINr;ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCU6(ENr MATH 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. aR TYVE GFiN$URANCE ADOI tWe PDLICV EFF-POTICYF.XP— LTR IN80 V.Ne POLICY NUMBER 1l!IJI00fiYYY IJMIBDrYYYY LIMITS A ✓ i COMMERCIAL GENERAL LIABILITY )( X( APRADOOOOIHIBP-53988-01 1V20f2020 11/20t2021 EACHOCCORRENCE $ 2,000,000 ^�CLAIMS-MADE I ✓ I OCCUR PREMISES acuu� I— S 50,000 MEDF.XP(M qno w.r) S 5.000 _ PFRSRAI AAM INJURY S 2,000,0W GEM.AGGREGAT E LIMIT AERIES PER: GENE RAL AGGREGATE 5 4.000,000 POLICY ✓ PROJECT LOC _ P0.00lJCT5-CO'.1PAJP AGO S 4,000,000 11ER: 5 B AUTOMOBILE LIABILITY X X AAU142096 08/01/2020 08101/2021 I URccNm: ` 5 1,000.00 ANY AUTO ODDLY'INJURY(Pa Person) 5 ✓ UNNED •(:1!EUULLO BODILY INJURY(Po,ecddOxl 5 AUTOS ONLY El AUi05 HIRFD ✓ NON-ON5JE0 PRbPER iPDfiIATi� S UT 05 ONLY AU rOS ONLY rgLa44�a11_ S C UMBRELLA LAB ✓ CUR X X )D43750802 11120/2020j 1112112.021 FACHOCCURRENCE $ 4.000,000 EXCESS LIAO✓ W"'MADE I AGGREGATE .�.61t0 CEO RETENTIONS I S D MAKERS COMPENSATION � 1600010676201 11101/2020 11/0112021 ✓ - 1 AND EMPLOYERS-LIABILITY X $IA ACCIDENT [R' 1 A.9'YPROPRIETOWARTNF:RX_[ECUTIVB IN NIA L.EACH ACCIDENT 5 1,D69,690 OFFICBRNEN.BER EXCLUDED? OJendelory In NH) E.L.DISEASE-EA EMPLOYEE S 1,000.000 !DESCRIPTION OFINPERATIONS W. E.L.USEA^F SEPOLICY LIMIT 5 1,000000 E [AND MARINE BMO(22)62237487 06110/2021 0611002022 't I.MI r OF INSURANCE s 78,936 O ESCRIPTIOR CF OPERATION 51 LOCATIONS I VEHICLES 1ACORD 101,AddilbnJl RemarSa Schedule,maybe ARAch ed It Moro apace la mqulfed) City of Huntington Beach,its officers,elected or appointed officials,employees, agents, and volunteers are listed as an additional Insured per the blanket additional insured endorsement if required by written Contract or agreement.The listed insurances are primary and non-contributory With any other valid and collectible insurance or self-insurance available to the Additionally Insured RPhGNEO AS TO FORM Project: Bluff Top Park Improvements CC1631 tlYl MICHAEL R-GATE - CERTIFICATE HOLDER CANCELLATION CITY AT]URNEY C City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Public Works Department THE EXPIRATION DATE THEREOF, 30 DAY NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street, Huntington Beach, CA AUTHORIED REPRESENTATIVE Socrates Vazquez m 1988.2015 ACORD CORPORATION. All rights rosarved. ACORD 25(2016103) The ACORO name and logo are registered marks Of ACORD 29006014 1 VAPMM000:N:BP-51900-01 I JMU142094 1 011750002 1 '1600019C76201 I ONO (72) 622)'1107 1 20/21 )4ete• Cut)pote 07/10/2021 3:50:01 VRVDTI POLICY NUMBER: VAPRA000001HIBP-53988-01 BUSINESSOWNERS BP 04 50 01 06 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: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Persons Or Orr anization s : Location(s) Of Covered Operations City of Huntington Beach,its officers,elected or appointed officials,employees,agents,and volunteers Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph C. Who Is An With respect to the insurance afforded to these Insured in Section II—Liability: additional insureds, the following additional exclu- 3. Any person(s) or organization(s) shown in the sions apply: Schedule is also an additional insured, but only This insurance does not apply to "bodily injury' or with respect to liability for "bodily injury", "property .,property damage"occurring after: damage" or "personal and advertising injury" a. All work, including materials, parts or equip- caused, in whole or in part, by: ment furnished in connection with such work, a. Your acts or omissions; or on the project (other than service, maintenance b. The acts or omissions of those acting on your or repairs) to be performed by or on behalf of behalf, the additional insured(s) at the location of the covered operations has been completed,or in the performance ed .your ongoing operations for b That portion of "your work" out of which the the additional insured(s) at the location(s) desiy-nated above. injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or Subcontractor en- gaged in 'performing operations for a principal as a part of the same project. BP 04 50 01 06 0 ISO Properties, Inc., 2005 Page 1 of 1 POLICY NUMBER:VAPRAD000OIHIBP-53988-01 BUSINESSOWNERS BP14020713 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modflos Insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Location And Description Person(s) Or Organization(s) Of Completed Operations City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II- Liability is amended as follows: additional insured will not be broader than A. Tile following is added to Paragraph C.Who Is that which you are required by the contract An Insured: or agreement to provide for such additional insured. Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only I;• Witn respect to the insurance afforded to with respect to liability for "bodily injury" or these additional insureds, the following Is "properly damage" caused, in whole or In part, added to Paragraph D. Liability And Medical by "your work" at the location designated and Expenses Limits Of Insurance: described in the Schedule of this endorsement If coverage provided to the additional Insured is performed for that additional insured and required by a contract or agreement, the most included in the"products completed operations we wif pay on behalf of the additional insured hazard". Is the amount of insurance: However: 1, Required by the contract or agreement; or I. The Insurance afforded to such additional 2. Available under the applicable Limits Of insured only applies to the extent permitted Insurance shown in the Declarations; by law; and whichever is less. 2. If coverage provided to the additional This endorsement shall not Increase the insured is required by a contract or applicable Limits Of Insurance shown in the agreement, the insurance afforded to such Declarations. UP 14 02 07 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER:VAPRAD00001 HIBP-53988-01 BUSINESSOWNERS BP14880713 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added to Paragraph H. Other 2. You have agreed in writing in a contract or Insurance of Section III — Common Policy agreement that this insurance would be Conditions and supersedes any provision to the primary and would not seek contribution from contrary: any other insurance available to the additional Primary And Noncontributory Insurance 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 BP 14 88 07 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER:VAPRAD00001HISP-53988-01 BUSINESSOWNER BP 04 97 01 06 I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Person Or Organization: ANY PERSONIORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT OR AGREEMENT TO FURNISH THIS WAIVER Information required to complete this Schedule, if not shown above,will be shown in Declarations. Paragraph K. Transfer Of Rights Of Recovery Schedule above because of payments we make Against Others To Us In Section III — Common for injury or damage arising out of your ongoing Policy Conditions is amended by the addition of operations or 'your work" done under a contract the following: with that person or organization and included in We waive any right of recovery we may have the "products-completed operations hazard". This against the person or organization shown in the waiver applies only to the person or organization shown in the Schedule above. SP 04 97 01 06 ©130 Properties, Inc., 2012 Page 1 of 1 POLICY NUMBER: JAAU142096 COMMERCIAL AUTO BA 99 04 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This provision does not apply in regard to any ownership, maintenance or use of the additional insured's"autos." Additional Insured When Required by Contract (a) The limits of insurance specified in (1) Paragraph A.I. — WHO IS AN INSURED — the written contract or written of Section II — Liability Coverage is agreement; or amended to add: (b) The Limits of Insurance shown in d. When you have agreed, in a written the Declarations. contract or written agreement, that a Such amount shall be a part of and no person or organization be added as an in addition to Limits of Insurance shown additional insured on your business auto in the Declarations and described in this policy, such person or organization is an Section. "insured', but only to the extent such (3) AdditionallnsuredsOtherinsurance person or organization is liable for "bodily injury" or "property damage" If we cover a claim or 'suit' under this caused by the conduct of an 'insured" Coverage Part that may also be covered under paragraphs a. or b. of Who Is An by other insurance available to an Insured with regard to the ownership, additional insured, such additional maintenance or use of a covered"auto.' insured must submit such claim or'suit" The insurance afforded to any such to the other insurer for defense and additional insured applies only if the indemnity. "bodily injury" or ':Property damage" However, this provision does not apply occurs: to the extent that you have agreed in a (1) During the policy period, and written contract or written agreement that the insurance is primary and non- (2) Subsequent to the execution of such contributory with the additional insured's written contract, and own insurance. (3) Prior to the expiration of the period (4) Duties in The Event Of Accident, Claim, of time that the written contract Suit or Loss requires such insurance be provided If another person or organization is to the additional insured. added as an additional insured on your (2) How Limits Apply policy, the additional insured shall be If you have agreed in a written contract required to comply with the provisions in or written agreement that another A. Loss Conditions 2. — Duties In The Event Of Accident, Claim, Suit Or person or organization be added as an additional insured on your policy, the Loss — of SECTION IV — BUSINNESSS most we will pay on behalf of such AUTO CONDITIONS, in the same additional insured is the lesser of: manner as the Named Insured. BA 99 04 06 18 Induces copyrighted material of Insurance Services Office,Im.,Wthits permission, Page 1 of 1 i POLICY NUMBER: JAAU142096 COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance B. The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and and the Other Insurance — Primary And Excess supersedes any provision to the contrary: Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos Liability Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and will not seek your policy provided that: contribution from any other insurance available to 1. Such "insured" is a Na ned Insured under such an"insured" under your policy provided that: other insurance; and 1. Such "insured" is a Named Insured under such 2. You have agreed in writing in a contract or other insurance; and agreement that this insurance would be 2. You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such primary and would not seek contribution from "insured". any other insurance available to such "insured". CA 04 49 11 16 ©Insurance Services Office, Inc., 2016 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement fromus.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premiurn for this endorsement shall be 2 %of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization for whom Blanket Waiver of Subrogation. the named insured has agreed by written contract to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Informatlon below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Lndorsemem Effective 11/01/2020 Policy No. 7600019676201 Endorsement No.1 Coverage Dates: 11/01/2020— I i/01 t2021 Premium $Intl. Insured J and A Engineering Corporation Carrier Name/Code: Everest Promier Insurance Company A WC 04 03 06 (Ed. 4-84) Countersigned by 01998 by the Worker's Insurance Rating Bureau of California. All rights reserved. RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) '-4 ,Me CITY OF HUNTINGTON BEACH � INTERDEPARTMENTAL COMMUNICATION ; TO: City Treasurer FROM: City Clerk DATE: tF//�I SUBJECT: Bond Acceptance I have received the bonds for J4A �1IneP�lnGl - D��IZtiV ��l7CpJ ..(Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. / 001/34 q02-1 Payment Bond (Labor and Materials) Bond No. /00 / 1 3ogLew 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. 10,31 Agenda-term No. �21-SW MSC No. City Clerk Vault No. 0Uy• SO Other No. SIRE System ID No. 55/J�SI g:/formsftnd transmittal to treasurer City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ N�i,nv.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk August 23, 2021 J & A Engineering Corporation (J & A Fence) Attn: Miguel Miranda, President 824 N. Todd Avenue Azusa, CA 91702 Dear Mr. Miranda: Enclosed is a fully executed copy of the "City Funded Construction Contract between the City of Huntington Beach and J & A Engineering Corporation (J & A Fence) for Bluff Top Improvements" approved by the Huntington Beach City Council on July 20, 2021. Sincerely, A4orj, 9,4�QnaJit" Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand , City of Huntington Beach .. - 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ NNr%N<v.htintingtonbeachca.gov p I). Office of the City Clerk / Robin Estanislau, City Clerk April 5, 2022 J & A Engineering Corp. (J &A Fence) Attn: Miguel Miranda, President 824 N. Todd Avenue Azusa, CA 91702 RE: Bluff-Top Park Lodgepole Guardrail and Metal Railing Improvements— CC No. 1631 Enclosed please find your original bid bond for CC No. 1631. Sincerely, � 9'4 1d 1ldjR Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Surety Group TOKIOMARINE 801 S Figueroa Street,Suite 700 UV H C Los Angeles,CA 90017 USA Tel 310-6494990 Bond Number: 11-838-048 BID BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, J 8 A Engineering Corp doe J 8 A Fence (hereinafter called Principal), as Principal, and American Contractors Indemnity Company , a corporation organized and existing under the laws of Texas (hereinafter called Surety) as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called Obligee) as Obligee, in the penal sum of ten percent(10 %) of amount bid not to exceed ten percent of the amount bid in Dollars (S 10% ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,That,whereas the Principal has submitted or is about to submit a proposal to the Obligee On a contract for Bluff Top Park Lodgepole Guardrail and Metal Rails Impro�emcnt,Bid No.1631 NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, then this obligation shall be void. If the Principal shall fail to do so, then the undersigned shall pay the obligee the damages which the obligee may suffer by reason of such failure up to and not exceeding the penal sum of the bond. Signed and sealed this 13m day of July 2021 Principal: J 8 A Engineering Corp dba J 8 A Fence By: Surety: American Contractors Indemnity nCompany /L By: J Blake A Pfister, Attorney-In-Fact Any claims under this bond may be addressed to the Surety at the following address: American Contractors Indemnity Company 801 South Figueroa Street,Suite 700 Los Angeles,CA 90017 Attention: claims Dept Tel: (310)649-0990 E-mail: suretyclaimsinquiry@tmhcc.com HCCSZZA_BIDBOND 7/2017 Page t of 1 CALIFOMIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§1189 A notary pAk or Sher officer om pleting tits certificate verifies only the identify of the indvidual who signed the d=iriertt to which this certificate Is attadied,and not the trufhhkxw,aowracy,or valift of tfhat docurthent State of California ) County of Orange ) On July 8 , 2021 beforeme, Lianne Nahina , Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A. Pfister Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($ whose name(s) IWAV subscribed to the within instrument and acknowledged to me that helMr*WAOy executed the same in hfs/tlNffl**authorized capacitygo,and that by hfsR6ttt)OM spwrt ure(6)on the instrument the person ft or the entity upon behalf of which the personM acted, executed the instrument. I car"under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph OM� YCOMM. UANNE NAHINA is true and correct COMM. #2314283NOTARY PUBLIGCAUFORMA M WITNESS my hand and official Seal. ORANGE COUNTY EXP.DEC 5,20i3 Signatur� Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Dommrent Title or Type of Document Bid Bond 1 1-8 3 8-0 4 8 Document Date: July 13 , 2021 Number of Pages: Signer(s) Other Than Named Above: N/A , N o n e Cam)C4alirned by SWwrM Sfgner'sName: Blake A . Pfister Signers Name: ------- ❑Corporate Officer — Tkle(sy ❑Corporate Officer — Title(s): ' ❑Partner — ❑Limited ❑General O Partner — ❑ Limited O General ❑ Individual . IN Attorney in Fad ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator O Trustee ❑Guardian or Conservator ❑Other ❑ Other. Signer Is Representing; m e r i c a n Signer Is Representing: Contractors In emnity ompany I min, 02014 National Notary Association•www.NarionalNotary,org• 1-800-W NOTARY(1-800-876r5627) Item#5907 V00 TOKIOMARINE H C_C t . QgWER OF ATTORNE) AMERICAN CONJTRACTORSLINDEMNITY COMPANY )TEXAS BONDING-COMPANY UNITED STATES SURETY COMPANY U.S. SPECIAL-TY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation,Texas Bonding Company,an assumed name of American Contractors Indemnity Company Umled States Surely Company, a M aryland corporation �and'U S.Pecialty Insurance Company,-a�Texas corporation (collectively the Gompamges) do by4hese presents make-, constitute �l - an (nL �� } ) �� � �rrll � P �� � t• 1�-'j "� �.] A "1'' \ \/ II 111 � •V \�V fj B`�I` ak//e A. Pfisterof Mission Vle) its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, t--� rprovldmg the bond penalty does not;exceed M, Dollars This Powe of Atl'orney`shall ex ifeGiiihout further ahi!inforirAp'n123r°,2022.This Power of AttiSmey s grar tetl \�11JJ 1 it 1 I r 1 Q e' Y n I I , ! ni \��1 uniier�hd tiy`authonty of the following resolution's' adopted by the Boards o;irec` the Companies: \ Be it Resolved,that the President,any Vice`-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be,and Is'hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any • and all bonds,rcecognizances, contracts agreements o�Ilndemnilyand other conditional or oblgalorylundertakmgs including any and-all consents - : for the release of relamed percentages andlor finallestirnates on/engineering an., . .s 'c.ricon—I "land any and all notices and�documenis�� 1 icanceling or term`mahrig the Company'`s Mikiy ihereunUeel antl any such instruments so executed by any suchfAitorney m-Fact shalfle tiindmJg upon I Il4// / �? the_Comipany'as if s"Igned by the President'arnd'sealed and effected by the Corporate 5`edelary./ U L-� \ I�� Be it Resolved. that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of altomey or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN•WITNESSIWHEREOF,The Companies.have causd-d7this`instrument to be signed•and their corporate seals to be heretoVWM aff affixed. 1 'day of,June.}2018. c� f'it 'l4.•� V'1�. 1 �j /fnl��I I�_�( I ) ] 0 AMERICAN•CONTRACTORS]INDEMNITYCOMPANY TEXAS BONDING OMBANY\� UNITEDISTA-TESSURETY;'COMPANY U.S.SPECIALTY-IN,SU�RANCE COMPANY / =fib c° ..`•4 %' o Off, Y"E55Ugp"`4 �4.y., State of California N % �;, County of Los Angeles tc, °fr +% 3'; 3� ' By Oanie P.Aguilar,Vice Pres'dent Notary.Public or other officer completing this cerfihcat%verifies only fhavilentity of1the individual'who signed the1doclr enf tot D ` kwhrch lliis,certilicafe is attached land not,the trothfulness, accurac , or valklit 1ofthat documentro✓ U On this 1"day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P.Aguilar,Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf ofjw Ieh'the perso acted, executed the instrument, r hce�ify under-PENALTY OF PERJURE undejtheJJawsoof the State of Califf ia.th`a�theiforegoing paragraph is tre rid c ct. WITNESS my hand and official seal. sauce uurn a 6y 4tl I g C rcmT l 11 1 f Signature - (seal) «,.,•.r x rt,n r•.,, IKIo.Lo;°As"sisran�t Secretary `Amencan1ConlraCtors Indemnity Co,prang�yTexas�Bond°ng�Company. Unite'd\States S ety� �) Company,an dILTS. Specialty nsurancelCompany,ldo hemby certify that the abo ve`,aa foregoingi'true and correet\copy of a Power...11 of•Attomey,executed by said Companies�vAiich Is siill in full force and effect; furthermore,the resolutions of the Boards�of'Diiectors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 13thday-(o�f \\ July 2021 W ,pprateS al, / ` 'j`c�"^,°v� µo' cc`.. is su e.,s/ /xqC; . on'B `d NOj Agency No. 3074 ` Kio Lo, A55i Secretary ^ , nCCSiu<APOAWr10te t i J" } I : f ' M wsrt Itlmhl lco.com\fsurety for more inforrmation, �s Berkshire Hathaway GUARD P.O. Box AH • 39 Public Square ��! Berkshire Hathaway Wilkes-Barre, PA 18703-0020 �.. G UARD Companies 570-825-9900 (Toll-Free 800-673-2465) FAX 570-823-2059 www.guard.com Dear Policyholder: Please detach the Commercial Auto insurance card(s) below and keep in the glove compartment of the insured vehicle(s). If you have any questions, feel free to contact us at 1-800-673-2465. Thank you, Policy Services .................................................................................................................................. REG 890A(REV.5197) CALIFORNIA EVIDENCE OF LIABILITY INSURANCE DO NOT FOLD OR STAPLE - SUBMIT ORIGINAL TO DDMV This insurance complies with CVC §16056 or §16500.5 x�/mac SIGNATURE OF INSURANCE REPRESENTATIVE VEHICLE IDENTIFICATION NUMBER(VIN) MAKE YEAR MODEL NAME J a A Engineering Corporation 1FDUF5GT3KEF62215 FORD/F55D 2D19 POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE INSURANCE COMPANY NAME JAAU201440 08/01/2021 08/01/2022 AmGUARD Insurance Company INSURANCE COMPANY STREETADDRESS CITY STATE ZIP NAIL NUMBER P.O. Box AH Wilkes-Barre PA 18703-0020 42390 ................................................................................... .......................................... REG 890A(REV.5/97) CALIFORNIA EVIDENCE OF LIABILITY INSURANCE DO NOT FOLD OR STAPLE- SUBMIT ORIGINAL TO DMV This insurance complies with CVC §16056 or §16500.5 SIGNATURE OF INSURANCE REPRESENTATIVE NAME VEHICLE IDENTIFICATION NUMBER(VIN) MAKE YEAR MODEL J B A Engineering Corporation 1FDUF4GTXKEFk2187 FORD/F450 2D19 POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE INSURANCE COMPANY NAME JAAU201440 08/01/2021 08/01/2022 AmGUARD Insurance Company INSURANCE COMPANY STREET ADDRESS CITY STATE ZIP NAIC NUMBER P. O. Box AH Wilkes-Barre PA 18703-0020 42390 fl Fe nc.- 24 NL. Tocicl f) Ve. A ;4uso , C A 9002 a i1 C lY,� D � 11vn �n9�o�, �eoL� a000 S+Y'eek un�irtq �orn Beach C17 1?698 OfF7C1171 91D SEc'u/7rry— DO Vr-r ,0PEA Prejec . BIu(F Tov Park 100'9eacre I` C�✓ordva;/ f He}al Tmerovenenl, Cc, * :1b31 — Bid 941e: 7l13/7/ Lp zp I7 f�PipD✓ED 6-D City of Huntington Beach File #: 21-541 MEETING DATE: 7/20/2021 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 and authorize execution of a construction contract with J&A Engineering Corporation (J&A Fence) in the amount of $1,096,227 for the Bluff Top Park Railing Project, CC-1631 Statement of Issue: On July 13, 2021 , bids were received electronically for the Bluff Top Railing Project, CC-1631. City Council action is requested to award the construction contract to J&A Engineering Corporation, doing business as J&A Fence, the most responsive and responsible bidder. Financial Impact: Total construction Cost for the project, including contingency and supplementals, is $1,370,284. S1.370.284 is available in the Blufftop Grant Fund account 125686001.82800. Recommended Action: A) Accept the most responsive and responsible bid submitted by J&A Fence in the amount of S1,096,227; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, or provide staff with alternative action. Analysis: The existing metal railing along the bluff top and on the stairways along Bluff Top Park is deteriorated and in need of replacement, due to the exposure to the marine environment. The Bluff Top Park area is on the ocean side of Pacific Coast Highway from 9th Street to Seapoint. The existing metal railing, located adjacent to the bluff top trail will be replaced with a new wooden lodgepole railing, as approved by City Council on December 16, 2019, Additionally, the existing stairway metal railing within this span will be replaced with a new anodized City of Huntington Beach Page 1 of 2 Printed on 7/14/2021 ....e.4w xa File #: 21-541 MEETING DATE: 7/20/2021 aluminum railing. The base bid for the project included stainless steel for the stairway metal railing with an alternate bid option to use anodized aluminum. Both stainless steel and anodized aluminum are preferred materials to use for the stairway railing; however, there is a $65,252 cost savings to utilize anodized aluminum in lieu of the stainless steel. These improvements are needed to maintain the safety and accessibility of beach path and stairway users. Bids were received electronically on July 13, 2021 , with the following results: BIDDER'S NAME BID AMOUNT WITH ALTERNATE BID ITEMS FOR ANODIZED ALUMINUM STAIRWAY RAIL (Amount at Electronic Bid Opening and Basis of Award) J&A Fence $1 ,096,227 ACE Fence Company $1,138,807 Minako America Corporation $1,168,315 Greenfield Fence, Inc. $1,238,650 Staff recommends awarding a contract to J&A Fence in the amount of S1 ,096,227. J&A Fence has recently provided acceptable work in the City of Huntington Beach in constructing the perimeter wrought iron fencing at the Newland House Museum earlier this year. The total Bluff Top Park Railing project cost is estimated to be S1,370,284, which includes the construction contract, project management and inspection ($109,623), and fifteen percent (15%) construction contingency ($164,434). This project is the first phase of two phases, with the second phase being the improvements to the multi-use trail that will follow this winter. Public Works Commission Action: The Public Works Commission reviewed and approved CC-1631 on June 16, 2021. Environmental Status: The project is categorically exempt pursuant to Class 1 , section 15301 d of the California Environmental Quality Act. Strategic Plan Goal: Infrastructure & Parks Attachment(§): 1 . Vicinity Map City of Huntington Beach Page 2 of 2 Printed on 711412021 po•,e,E347;Lec,s;aC ATTACHMENT B G G A\ G aolsA A O\\" Mc FADDEN � AVE XAVE. EDINO 3 G t 4 co V x = NOL U / WAR a AVE. 9 su AVE. 405 TALBERT AVE. I \ S AVE PACIFIC O� O AVE RWN AVE. PROJECT l Y 3 / 1 � ADAMS VE I PACIFIC ,� = AREA INDIANAPD 5 m \ OCEAN OCEAN \ 0 ATLATIANiAAVE. x \ .� m aANN NC NTS AVE / VICINITY MAP LOCATION MAP N.T.S. N.T.S. BLUFF TOP RAILING, CC- 1631 LOCATION MAP 348 SECTION A oub - G1,7g1. / NOTICE INVITING ELECTRONIC BIDS for the construction of Bluff Top Park Lodgepole Guardrail and Metal Railing Improvements CC No. 1631 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites electronic bids for the above stated project and will receive such bids prior to 2:00 PM on Tuesday, July 13, 2021, on the City's PlanetBids System Vendor Portal, at which time or thereafter bids will be opened and made available online. Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this project via the City's PlanetBids System Vendor Portal website at: https://www.planetbids.com/port&pgrtal.cfm?Companv[D=15340 Copies of the bid documents, including instructions to bidders, bidder proposal form, and specifications may be downloaded free at: https://www•.planetbids.com/aortal/oortal.cfm?ComoanvlD=15340. Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and download the Contract Documents, to be added to the prospective bidders list, and to receive addendum notifications when issued. 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 available online at www.dir.ca.gov/DLSR and also 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 E-1 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. For electronic submittal of bids. the bid security must be received at the Cite of Huntington Beach Public Works Office. 2000 Main Street. no later than the bid opening date and time. The bid security must be submitted in a sealed envelope bearing the name and address of the bidder, and the outside of the envelope must read as follows: OFFICIAL BID SECURITY - DO NOT OPEN Project Name: Bluff Top Park Lodgepole Guardrail and Metal Railing Improvements CC #: 1631 Bid Opening Date: July 13, 2021 at 2:00 p.m. 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 — General Engineering Contractor or C-13 — Fencing Contractor, 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 AGIiNCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: The WORK of this Contract will consist of improvements to the existing guardrail and stairway handrtiling at the Blufl'Top Park Area located on the west side of'Pacific Coast Highway between 9'Street and Seapoint. A MANDATORY pre-bid meeting will be held to inspect the site and discuss the work to be done and the Contractor's responsibilities. The City's representatives will be available to address questions. The meeting will be held at the beach trail at 1 I'h Street and Pacific Coast Highway in Huntington Beach, CA 92648 on July 6, 2021 at 10:30 a.m. The contract shall allow the Contractor 30 working days to complete the contract. Two Notices to Proceed will be issued for this contract. The first Notice to Proceed will begin materials procurement. The second Notice to Proceed with Work will be issued after all materials are procured and will begin contract time. All questions related to this bid solicitation must be submitted through the City's PlanetBids System Vendor Portal per the information provided in the Instructions to Bidders. Any other contact to City staff regarding this bid solicitation will be referred back to the PlanetBids system. The AGENCY reserves the right to reject any or all bids, to waive an_y 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-' HUNTINGfON BEACH. CALIFORNIA, the 29th day of June 2020, by Resolution No. 2020-39. Attest: /sl Robin Estanislau CiTY CLERK OF THE CITY" OF HUN IN'GTON BEACH E-2 Switzer, Donna From: Christine Gonzalez <cgonzales@scng.com> Sent: Thursday,June 17, 2021 10:04 AM To: Switzer, Donna Subject: Re:NSIB CC-1631 Attachments: 11470379.pdf Cost $2,115.00, pub 6/24, 7/1, 7/8. PLEASE NOTE 41h of Juls Holidav Deadline for all communih nanen. Publication Job. 8, 2021: Submission deadline for all ads, Wednesday June 30th, 3:00 p.m. Hard deadline for approval and changes July 1, 10:00 a.m. OC Register Legal Advertising Chrissy Gonzalez 1771 S. Lewis St. Anaheim, CA 92805 714-796-6736 M-F 8:00 a.m. - 4:30 p.m. Lunch 12 Noon to 1 :00 p.m. Closed Sat. and Sun. On Wed, Jun 16, 2021 at 4:L3 PM Switzer, Donna<Donna.Switzer(dsurfcity-hb.org> wrote: Hi Chrissy, Please publish the attached NISB for CC-1631, in The Wave, on June 24' and July 1" and 8'^. Thank you so much! Sincerely, Donna.SWUt er, CMC Senior Deputy City Clerk -City of Huntington Beach 1 2000 Main Street- Iluntineton Beach. CA 92648 (714)374-1649 2 SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of Bluff Top Park Lodgepole Guardrail and Metal Railing Improvements CC No. 1631 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH,as AGENCY, invites electronic bids for the above stated protect and will receive such bids Pri- or to 2:00 PM on Tuesday,July 13,2021, on the City's Planet Bids System Vendor Portal,at which time or thereafter bids will be opened and made available online. Bids received offer this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this Proiect via the City's Planet Bids System Vendor Portal website at: Copies of the bid Documents, including instructions to bidders, bidder proposal form, and specifiVtions maybe downloaded free at: hops:/ ww.Planetbtds.com/Portal/PPrlal.cfm?CommnvlD=15340, Biddersmustfirstregis- ter as a vendor on the City of Huntington Beach Planet Bids system to view and download the Contract Documents, to be added to the Prospective bidders list, and to receive adden- dum notifications when issued. 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 to execute the contract shall be those determined by the Director of Industrial Relations of the State of California,which are available online at www.dir.co.gov/DLSR and also 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- once with the Instructions to Bidders as determined by the AGENCY. The bid must be ac- companied 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. For electronic submittal of bids,the bid security must be received at the City of Huntington Beach Public Works Office, 2000 Main Street, no later than the bid opening date and time.The bid security must be sub- mitted in a sealed envelope bearing the name and address of the bidder,and the outside of the envelope must read as follows: OFFICIAL BID SECURITY- DO NOT OPEN Proiect Name: Bluff Top Park Lodgepole Guardrail and Metal Railing Improve- ments CC♦: 1631 Bid Opening Date: July 13, 2021 a12:00 P.m. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractors License Class A-General Engineer- ing Contractor or C-13-Fencing Contractor,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 sublect to verification by the AGENCY. In case of a variation between the unit price and the extension,the unit price will govern. Proiect Description: The WORK of this Contract will consist of improvements to the existing guardrail and stair- way handrailing at the Bluff Top Park Area located on the west side of Pacific Coast High. way between 9th Street and Seapoint. A MANDATORY pre-bid meeting will be held to inspect the site and discuss the work to be done and the Contractor's responsibilities. The City's representatives will be available to address questions. The meeting will be held of the beach trail at llth Street and Pacific Coast Highway in Huntington Beach,CA 92648on July 6.2021 at 10:30a.m. The contract shall allow the Contractor N working days to complete the contract.Two Noti. ces to Proceed will be issued for this contract.The first Notice to Proceed will begin materi- als Procurement.The second Notice to Proceed with Work will be issued after all materials are Procured and will begin contract time. All questions related to this bid solicitation must be submitted through the City"s Planet Bids System Vendor Portal Per the information Provided in the Instructions to Bidders.Any oth- er contact to City staff regarding this bid solicitation will be referred back to the Planet Bids system. 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 221h day of June 2020,by Resolution No.2L". Attest: /s/Robin Estanislou CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Wove 11470379 Huntington Beach Wave PROOF OF PUBLICATION 1771 S. Lewis Street Anaheim, CA92805 Legal No. 0011470379 714-796-2209 5190751 HUNTINGTON BEACH, CITY OF CITY CLERK DEPARTMENT 2000 MAIN ST HUNTINGTON BEACH, CA 92648-2763 :ILE NO. NSIB CC 1631 Bluff Top Park Railinc AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, l Jy 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, Slate 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: 0 6/2 412 0 21, 07/01/2021, 07/0812021 1 certify(or declare) under the penally 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: July 08, 2021. Signature „>„y1e 1 SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of Bluff Top Park Lodgepole Guardrail and Metal Railing Improvements CC No.1631 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH ,as AGENCY, invites electronic bids for the above stated Proiect and will receive such bids Pri- or to 2:00 PM on Tuesday. July 13. 2021, on the City's Planet Bids System Vendor Portal, at which time or Thereafter bids will be opened and made available online. Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this protect via the Cityy's Planel Bidy System Vendor Portal webslte at: hops://www.planotbids.corVporfcVportal.cfm?Campanyl 0.15340 Copies of the bid documents, Including Instructions to bidden. bidder proposal form, and AptfW//www.PIonet.may b0 downloaded freo ct: Mips o//www.plonetbtds.cOn1/portol/portal.cfm?Compony l D•15340.Bidders must first regis- ter as a vendor kn The City of Huntington Beach Planet Blds system to view and download the Contract Documents to be added to the prms flve bidders list, and to receive Paden- dum notifications when issued. Any contract entered into pursuant to this notice will incorporate the Provisions of the Stale Labor Code. Pursuant to the Provisions of the Labor Cade of the State of California, the minimum prevailing rote of per diem wares for each craft, classification or type of work. man needed 10 execute the contract shall be those determined by the Director of Indus5trial Relations of the State of California, which are ovallable onllne at www.tlir.ca.gov/DLSR and also an file of 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 of. forded full opportunity to submit bids in response to this rollick and will net 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 unletis it is oreacred on the approved Proposal forms in Conform. ance with the instructions to Bidders as determined by the AGENCY. The bid must be ac- companied by a certified check, cashier's check, or bidder's bond made Payable to the AGENCY for an omount no less than 10% of the omount bid. For electronic submittal of bids. the bid security must be received at the City of Huntington Beach Public Works Office, 2000 Main Street, no later than the bid opening date and time. The bid security must be sub- mitted in a settled envelope bearing the name and address of the bidder, and the outside of the envelope must read as follows: OFFICIAL 81 D SECU RITY-DO NOT OPEN Prolect Name: Bluff Top Park Lodgepole Guardrail and Metal Railing Improve- ments CC p:1631 Bid Opening Dote:July 13,2021 at 2:00 p.m. 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-General Engineer. ing Contractor or C-13-Fencing Contractor ,at the time of the bid opening. The successful Contraclor and his subcontractors will be required t0 Possess business li- censes from the AGENCY. All e-tension of unit prices will be 5ubiect 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 WORK of this Contract will consist of improvements to the existing guardrail and stair- way hondrailing at the Bluff Tap Park Area located on the west side of Pacific Coast High- way between9th Street and Sdapoint. A MANDATORY Pre-bid meeting will be held to inspect the site and discuss the work to be done and the Contractor's responsibil[ties. The City's representatives will to available to address questions. The meeting will be held at the beach Irail at ]]in Street and Pacific Coast Highway in Huntington Beach,CA 92648 on July 6,2021 of 10:30o.m. The Contract shall allow the Contractor 30 working days to complete the contract. Two Noti- ces to Proceed will be Issued for this contract. The first Notice to Proceed will begin materi- als procurement. The second Notice to Proceed with Work will be Issued offer all materlals ore procured and will begin contract time- All questions ralatod to this bid solicitation must be submitted through the City's Plan0lBids System Vendor Portal per the information provided in the Instructions to Bidden. Any oth- or contact to City staff regarding this bid solicitation will be referred back to the Plonetelds System. The AGENCY reserves the right to relect 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 . i>vunvia 2 Robin Esta CI OF THE CLERK OF THE CITY OF NUNTINGTON BEACH Published Huntington Beoch Wove June 24.July I.B.2021 11470379 �iaiavirm 3 BLUFF TOP PARK IMPROVEMENT PROJECT PHASE 1 - AWARD OF REPLACEMENT OF RAILING 9TH STREET TO SEAPOINT STREET r c PROJECT OVERVIEW 7 9t" Street to Seapoint > BUDGET/FUNDING • S3 7M project budget • S1 7M grant from state • S2m park dev impact fee • PHASING • Phase 1 - railing replacement I 1 (Fall Construction) t • Future Phases - mufti use trail ` ( f widening/resurfacing, signage/striping. landscaping. sidewalk and other associated � f; improvements from 61h Street to Seapoint (Winter Construction) • RAILING REPLACEMENT (PHASE 1) o CONSTRUCTION • August to October • 1.8 miles new lodge pole railing along bluff top (bid price S800.000) • 1.800 lineal feet new anodized aluminum railing at stairways and walls (bid price $270,000) , tt + =' NEW ANODIZED ALUMINUM RAILING _ r EXISTING RAILING EXISTING RAILING BLUFFTOP STAIRWAYS NEW LODGE POLE RAILING TRAIL IMPROVEMENTS (FUTURE PHASE) Widening to 18'and resurfacing of asphalt/pedestrian paths to improve mobility (6th Street to Seapoint Street) • Extension of concrete sidewalk from ttth Street to Goldenwest Street to improve conditions around parking meters and address deteriorated turf conditions Landscape and mobility enhancements at intersecting path locations II yti•_ t �11 �° - EXISTING TRAIL CONCEPTUAL TRAIL WIDENING �d2 THANK YOU IIC QUESTIONS? UNSUCCESSFUL BIDS CC No. 1631 Bluff.-Top Park Lodgepole Guardrail and Metal Railing Improvements City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ N%ti%rN%r.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk April 5, 2022 ACE Fence Company 727 N Glendora Ave. La Puente, CA 91744 RE: Bluff-Top Park Lodgepole Guardrail and Metal Railing Improvements— CC No. 1631 Enclosed please find your original bid bond for CC No. 1631. Sincerely, �&�4444 C Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of Bluff Top Park Lodgepole Guardrail and Metail Railing Improvements CC No. 1631 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed with Work after materials are procured. 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 wilt result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidder's Bond 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 Electronic 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. Dare Received Bidder's Si nature NZ�e C-2 CITY OF HUNTIN'GTON BEACI I PROPOSAL BID SHEET FOR BLUFF TOP PARK LODGEPOLE GUARDRAIL& METAL RAILING BID SCHEDULE NO. DESCRIPTION QUANTITY UNIT UNIT ITEM PRICE TOTAL I Mobilization and Demobilization 1 I's $ 10,000 S 10,000.00 Remove and Dispose of Existing $ 13 S 51,597.00 Steel Railing & Concrete Footings 3,969 LF (Footing Holes to be filled with Compacted Backfill) Remove and Dispose of Existing $ 125 $ 20,000.00 Miscellaneous Concrete Footings 160 EA (Footing Holes to be filled with Com acted Backfill Remove and Dispose of Existing $12 S 50,124.00 4 Steel Railing (Footings to Remain as 4,177 LF Needed) 5 Construct 2-Rail Lodgepole Railing 8,357 LF S 44 $367,708.00 (Per Detail, incl. Footing) 6 Remove and Dispose of Existing 1,532 LF $ 14 S 21,448.00 Metal Handrail (Ramps & Stairs Construct New Stainless Steel 7 Handrail with Baseplate in Cheek 705 LI' 5398 5280,590.00 Wall per Details in Plans (Ramps Stairs Construct New Stainless Steel 8 Handrail with Baseplate on 456 LF $405 $ 184,680.00 Ramp/Stairs per Details in Plans Construct New Stainless Steel 9 Handrail in Original Post Holes on 477 LF $387 $ 184,599.00 Ramp/Stairs per Details in Plans Remove and Dispose of Existing 10 Wood Poles & Inclusive of Chains 218 EA $ 130 $28,340.00 (Footing Holes to be filled with Compacted Backfill E Construct New Stainless Steel Guardrail in Original Post Holes on 84 LF S 471 $39,564.00 Cheek Wall per Details in Plans C-2.1 Total in numbers S 1.238.650.00 Total in words: One Million Two Hundred Thirty Eight Thousand Six Hundred Fifty Dollars And Zero Cents NOTE: The estimated quantities listed in the Proposal Bid Sheets are approximate and are to be used only as comparison of bids. Payment for quantities will be made from field measurements. If the actual quantities show either an increase or decrease from the quantities given in the Proposal Bid Sheet, the Contract Unit Prices will prevail. Full compensation will be paid at the contract price for the actual work completed, and no additional compensation will be allowed therefor. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract; this includes rejected material not unloaded from vehicles and material rejected after it has been placed. No compensation will be allowed for disposing of rejected or excess material.The City reserves the right to reject all bids and to increase or decrease the amount of any quantity shown on the Proposal Bid Sheets. In case of a variation between the unit price and the totals shown by the bidder,the unit price will be considered to be the bid. Bidder's Name: ACE FENCE COMPANY Telephone No.: 626 - 333- 0727 C-2.2 ALTERNATE BID SCIIEDULE NO, DESCRIPTION QUANTITY UNIT UNIT ITEM PRICE TOTAL Construct New Anodized Aluminum Handrail with Baseplate in Cheek 12 Wall per Details in Plans (Ramps & 705 LF S 342 5241,110.00 Stairs) — In Lieu of Item 97 Construct New Anodized Aluminum 13 Handrail with Baseplate on 456 LF $350 S 159,600.00 Ramp/Stairs per Details in Plans — In Lieu of Item #8 Construct New Anodized Aluminum Handrail in Original Post I toles on 14 Stairs and Check Walls per Details 477 LF $ 328 5156,456.00 in Plans — In Lieu of Item 99 Construct New Anodized Aluminum 15 Guardrail in Original Post Hales on 84 LF S 386 $ 16,984.00 Cheek Wall per Details in Plans In Lieu of Item 411 ALTERNATE BID ITEM The following Alternate Bid Item amounts may be added to Total Bid Price entered above at City's sole option. City can choose to include one or more of the Alternate Bids in the Project. If any of the Alternate Bids arc selected by City, the resulting amount shall be added to Total Bid Price for the Project. City may select one or more of the Alternate Bids at the below stated Bid Price up to sixty (60) days following award of the Contract. City can award/select Alternate Hid items at any time(s). The Contract duration shall commence on the date stated in District's Notice to Proceed, and shall be completed by the Contractor in the time specified in the Contract Documents. In no case shall the Contractor continence construction prior to the date stated in District's Notice to Proceed. Total in numbers of Bid Schedule Items with Alternate Bid Items in Lieu of Items 9.7, 8, 9 & 11 S 1,138,807.00 Total in words: One Million One Hundred Thirty Eight Thousand Eight Hundred Seven Dollars And Zero Cents C-2.3 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 C(a_cs DIR PWC Dollar % of Item(s) Subcontractor License Registration M Amount Contract Number None By submission of this proposal, the Bidder certifies: I. 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 famished by subcontractor for this project. C-a 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 7/13/2021 at La Puente CA Date City, State WAYNE WONG , being first duty sworn, deposes and says that he or she is V.P Operation/Treasurer of ACE FENCE COMPANY 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. ACE FENCE COMPANY Name of Bidder LA Signature of P idder 727 N GLENDORA AVE. IA PUENTE CA. 91744 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 Bluff Top Park Lodgepole Guardrail and Metal Railing Improvements, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. ACE FENCE COMPANY Contractor By V.P Operation/Treasurer Title Date: 7/13/2021 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 ® 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. ACE FENCE COMPANY Contractor By V.P Operation/Treasurer Title Date! 7/13/2021 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: ACE FENCE COMPANY Bidder Name 727 N GLENDORA AVE. LA PUENTE CA. 91744 Business Address City, State Zip (626 } 333- 0727 blayos@acefencecompany.com Telephone Number Email Address 996577 A,B, C-13, C-29 & c-31 State Contractor's License No. and Class Original Date Issued 9/30/2022 Expiration Date The work site was inspected by Sam Kim of our office on July 6, 2021 201_ The following are persons, firsts, and corporations having a principal interest in this proposal: AMY TSUI - PRESIDENT AMERICA TANG - SECRETARY/CFO Wayne Wong - V.P Operation/Treasurer The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. ACE FENCE COMPANY Company Name 1 . x- Signature of Bidd ir WAYNE WONG Printed or Typed Signature C-8 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On l/I7-17.o21 before me, Kimberly Wong, Notary Public (insert name and title of the officer) personally appeared a P W o who proved to me on the basis o satisfactory 6idence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/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. Notary PubiC wes0 Notary 7uGllc•Callfomia Lm Myeief County _ F Commbslon f 2320807 ary Comm.Expires Feb B.2024 Signature /�,t �/V��� (Seal) Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of perimeter fencing improvements, barbed wire security fencing and/or retrofitting, electrical conduit, pull boxes, and miscellaneous electrical improvements. 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: City of Huntington Beach Name and Address of Public Agency Name and Telephone No. of Project Manager: Dave Dominguez - 714-374-5309 $118,000.00 Lodge Pole & Chain Link Fence 2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2 Souther California Regional Rail Authority Name and Address of Public Agency Name and Telephone No. of Project Manager: Katy Thorpe - 213-264-5500 $4,900,000.00 Fencing , Gate & Singnage -June 2021 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: All kind of Teming New or pair or main enace 10 3 Los Angeles Dept. of Water & Power Name and Address of Public Agency Name and Telephone No. of Project Manager: Guy Lammer-213-202-0506-guy.lammers@lapdwp.com $ 246,500.00 Fabricate& Install WI Fence, Gate& CL fence 2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Install Fencing and Electrical Grounding 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. Pablo Lee Name of proposed Project Manager Telephone No. of proposed Project Manager: 626-945-4059 Pomona Water Reclation Plant- $ 945,295.00 Security Fencing &Gates 2020 Project Name & Contract Amount Type of Work Date Completed Water& Power- $ 246,500.00 Security Fence&gate 2019 Project Name & Contract Amount Type of Work Date Completed Redondo Beach Police Department Parking Lot Security Fence 5 192,178 2018 Project Name & Contract Amount Type of Work Date Completed 7 TBD ` Name of proposed Superintendent Telephone No. of proposed Superintendent: Project Name & Contract Amount Type of Work Date Completed Project Name& Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to S13 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July I through June 30 state fiscal year) with the California Department of Industrial Relations (DIR).Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.d ir.ca.gov/DLSE/Public Works/SB854 FactSheet-6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 Mips://efiIing.dir.ca.gov/P\VCR/ActionServlet?action=displayP WCRegistrationFonn DIR's Contractor Registration searchable database: https://e fi 1 ing.d i r.ca.gov[P W C R/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. ACE FENCE COMPANY Contractor WAYNE WONG By blayos@acefencecompany.com Email V.P Operation/Treasurer Title Date: 7/13/2021 PWC Registration #: 1000004092 C-12 surety BID BOND BOND NO. NIA-Bid Bond KNOW ALL MEN BY THESE PRESENTS, That we, Atlantic Specialty Insurance Company as Principal, and Atlantic Specialty Insurance Company, a corporation duly organized under the laws of the State of New York, as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of Ten Percent(10%)of Bid Amount (S 10%of Bid Amount ) Dollars for the payment of which Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally. WHEREAS, Principal has submitted a bid for Bluff Top Park Lodgepole Guardrail and Metal Railing Improvements; CC No. 1631 , the Project. NOW, THEREFORE, if the Obligee accepts the bid of the Principal and the Principal enters into a Contract with the Obligee for the Project; or, if the Principal pays the Obligee the amount of this Bond or the difference between Principal's bid and the next lowest bid for the Project,whichever is less: this obligation is null and void, otherwise to remain in full force and effect. Signed and sealed this gth day of July 2021 AZ Construction, Inc. db ACE Fence Company / BY: Witnes� Principal ITS: Atlantic Specialty Insurance Company " BY: rt'A1 � Witness Ric ah rd Register Attomey`ln-Fact -Ash ey Kay eed Register 605 Highway 169 North,Suite 800 Plymouth,Minnesota,USA 55441 ` web:intactspecialty.com/surety E-mail:surety@intactinsurance.com Rev.7/27/2020 Page 1 of t Cat] IN SUa Ap CE Power of Attorney KNOW ALL MEN BY THESE PRESENTS,that ATLANTIC SPECIALTY INSURANCE COMPANY,a New York corporation with its principal office in Plymouth, Minnesota.does hereby constitute and appoint: Jamie Campbell Younger,Stephanie Marie Halpner,Ashley Nay Reed Register,each individually if there be more than one named,its true and lawful Attorney-m-Fam to make,execute,seal and deliver,forand on lu behalf as surety,any and all bonds,recogtirances,contacts of indemnity, and all other writings obligatory in the mature thereof;provided that an bond or undertaking executed under this authority shall exceed in mow the sum of.unlimited and the execution of such bonds,remgnizanm.conuaces of indemnity,and all otter writings obligatory In dye nature thereof in pursuance of these presents,shall be as binding upon said Company as if they had been filly signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the nvtmty•fifrh day of September,2012: Resolved; That the Presidem,any Senior Vitt President or Vice-President(each an"Authorized Officer')may execute for and in behalf of the Company any and all bonds,recognlzances,contacts of indemnity,and all other writings obligatory in the nature thereof.and affix the seal of the Company thereto;and that the Authorized Officer may appoim and authorize an Attorney-m-Fact to execute an behalf of the Company any and all such Instrument and to affix the Company seal therem;and that the Authorized Officer tray at any time remove any such Amariney-inn-Fact and revoke all power and authority given to any such Anorney-in, Faa. Resolved: That the Auonxy-in-Fact maybe given full power and authority to execute for and in the tame and on behalf of the Company any and all burnls. necognizances,contain of indemnity,and all other writings obligatory in the mature thereof,and any such instrument executed by any such Attorney-In-Fact shall be as binding upon the Company as if signet and sealed by an Authorized Officerand further,the Ammuzy-in-Fact 6 hereby authorized to verify any affidavit required to be attached to bands,recognizanoes,contracts of indemnity,and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPF-CLALTY INSURANCE COMPANY on the wmay-fifth day of September,2012: Resolved: That the signature of an Authorized Officer,the signature of the Secretary or the Assistant Secretary,and the Company seat may be affixed by forsim0e to any power of attorney or to any certificate relating thereto appointing an Attorney-m-Fact for purposes only of executing and sealing any bond. undertaking,recognizance or Other written obligation in the nature thereof.and any such signature and seal where so used.being hereby adopted by the Company maw original signature of such officer and the original seal of the Company,to be valid and boding upon the Company with the same forte and effect as though manualiv affixed. IN WITNESS WHEREOF,ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April,2020. }.•�sv ing``� /� SEAL ;IV 1986 or,;, By STATE OF MTNNESOTA .Y"` 'ear Ne��°'- Paul J.Brehm,Senior Vice President HENNEPINCOUNTY ,v"'+at On this rwenty-seventh day of April.202 .before me personally came Paul J.Brehm,Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY,tome petsonally known to be the individual and officer described in and who executed the preceding imtrtrmenL and he acknowledged the execution of the same,and being bl me duly swum,that he is the said officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said insomment by the authority and at the dimdon of the Company. ALISON OWAN RASH-TROUT 11 NOTARY PUBLIC-n Expires s C My Commission Expires January 31,2025 Nmary Public 1,the undersigned.Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY,a New York Corporation-do hereby certify that the foregoing power of attorney is in full force and has not been revoked,and the resolution set forth above are now In force. Signed and sealed. Dated 9th day of July 2021 sae x INS`y j W p0.P0A•� pi` `SERIF 1986 oa 'Has Power of Anomey expires Ly62't`w'0. a>;J January 31,2025 Kara Barrow,Secretary Please direct bond verifications to ynnyyL�lutNitkwWtcx cum 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 S ) County of an Diego On 07/09/2021 before me, C.M. SALOMON, Notary Public (insert name and title of the officer) personally appeared Ashley Kay Reed Register 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 sh they executed the same in his erItheir authorized capacity(ies), and that by hisi&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. _-, C.M.SALOMON Notary M1blic-Californid San Diego County "�.y.. Commission 0225150I My Comm.Expires Dec Ia,IDII Signature �" "� (Seal) 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 Los Angeles County of ) On -7 /12 /1o2-i before me, Kimberly Wong, Notary Public (insert name and title of the officer) personally appeared WOW yle Woh who proved to me on the basis o 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 persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A[M8ERLr WONC Notary Public-California .• Los Angeles County Comtnis"an A 2320807 - � 'my Comm.Expires FeD 8,202+ Signature (Seal) �� [Ttact] surety mu.ce BID BOND BOND NO. N/A- Bid Bond KNOW ALL MEN BY THESE PRESENTS, That we, Atlantic Specialty Insurance Company as Principal, and Atlantic Specialty Insurance Company, a corporation duly organized under the laws of the State of New York, as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of Ten Percent(10%) of Bid Amount (S 10% of Bid Amount ) Dollars for the payment of which Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally. WHEREAS, Principal has submitted a bid for Bluff Top Park Lodgepole Guardrail and Metal Railing Improvements; CC No. 1631 the Project. NOW, THEREFORE, if the Obligee accepts the bid of the Principal and the Principal enters into a Contract with the Obligee for the Project; or, if the Principal pays the Obligee the amount of this Bond or the difference between Principal's bid and the next lowest bid for the Project, whichever is less: this obligation is null and void, otherwise to remain in full force and effect. Signed and sealed this 9th day of July 2021 AZ Construction, Inc. dbp ACE Fence Company BY: t k Witnes Principal ITS: Atlantic Specialty Insurance Company BY: Witness and Register Attorney- n-Fact -Ash ey Kay eed Register 605 Highway 169 North,Suite 800 Plymouth, Minnesota, USA 55441 web: intactspecialty.com/surety Rev. 7/27I2020 E-mail:surety@intactinsurance.com Page 1 of 1 CINSURANCE Power of Attorney KNOW ALL MIEN BY 7}IESE PRESENTS,that ATLANTIC SPECIALTY INSURANCE COMPANY,a New York corporation with its principal office in Plymouth, Minnesota,does hereby consdame and appoint-. Jamie Campbell Younger,Stephanie Marie Halpner,Ashley Kay Reed Register,each individually if there be more than one named,its true and lawful Attomey-in-Fan,to make,execute,seal and deliver,for and on its behalf as surety,any and all bonds,recognizances,contracts of indemnity, and all other writings obligatory in the nature thereof;provided that no bond or undertaking axecuted under this authority shall exceed in mnomu the sum Of:unlimited and the execution of such bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof in pursuance of these presents,shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the folowing resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September,2012: Resolved: That the President,any Senior Vice President or Vice-President(each an"Authorized Officer")may execute for and in behalf of the Company any and all bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,and affix the seal of the Company thereto:and that the Authorized Officer may appoint and authorize an Attorney-in-Fan to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto;and that the Authorized Officer may at any time remove any such Anomey-in-Fan and revoke all power and authority given to any such Anomey-m- Fan. Resolved: That the Attomev-in-Fan may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances,contracts;of indemnity,and all other writings obligatory in the nature thereof,and any such Instrument executed by any such Attorney-in-Fan shall be as binding upon the Company as if signed and sealed by an Authorized Officer and,further,the Anomey-mr Fact is hereby authorized to verify any affidavit required to be attached to bonds,recognvances,contracts of indemnity,and all other writings obligatory in the nature thereof. This power of anomey is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenry-fifth day of.September,2012: Resolved: That the signature of an Authorized Officer,the signature of the Secretary or the Assistant Secretary,and the Company seal may be affixed by facsimie to any power of attorney or to any certificate relating thereto appointing an Anume-v-in-pact for purposes only of executing and sealing any band, underaking,recognizance Or other written obligation in the nature thereof,and any such signature and seal where so used,being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WETNESS WHEREOF,ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April,2020. k. O SEALAL ey. ms "—' 1986 �o` By STATE OF MINNESOTA s 4Fw °;HENNEPIN COUNTY Paul J.Brehm,Senior Vice President •`*�;e �, ��� On this twenty-seventh day of April,2020,before me personally came Paul J.Brehm,Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY,to me personally(mown to be the individual and officer described in and who executed the preceding instrument,and he acknowledged the execution of the same,and being by me duly swom,that he is the said officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. / IQ ALISON DW LI 'III". ROUTuNOTAR PPUBLIC.MINNESOTA S1'Yi. 1• gr///�' My Commission Expires January 31.2025 Notary Public 1,the undersigned.Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY,a New York Corporation,do hereby certify that the foregoing power of attorney is in full force and has not been revoked,and the resolutions set forth above are now in force. Signed and sealed. Dated 91h day of July 2021- ••lY s+. IN +,,.. 4 pPPORgtF��x. SEAL "-' 1986 o This Power of Attorney expires si Yew row} a a January 31,2025 �'�z;i`,t ��. ". Kara Barrow,Secretary Please direct bond verifications to so(y.,gg intactimurance.cn n 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 San Diego On 07/09/2021 before me, C.M. SALOMON, Notary Public (insert name and title of the officer) personally appeared Ashley Kay Reed Register who proved to me on the basis of satisfactory evidence to be the person(e)whose name(q) Dare subscribed to the within instrument and acknowledged to me that he sh they executed the same in his er their authorized capacity(ies), and that by his�i Ire their signature(* 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. c.. .sAEoleoN QMY California San Diego CountyCommission x 2257502 Comm.E.pires Dec 14,2022 Signature �- -�-' (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On i Z �2.°2-i before me, Kimberly Wong, Notary Public (insert name and title of the officer) personally appeared WCA 4y,e Woh el who proved to me on the basis o satisfactory idence 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. KLMBERIY WONG j Notary Public s California . L OS Angeles County C Commission 0 2320807 ��, My Comm.Expires Feb 8,2024 Signature ��/�a��yn I r�) (Seal) 1 1 ACE FENCE COMPANY 727 N GLENDORA AVE. LA PUENTE,CA,91744 �1 1 I 1 OFFICIAL BID SECURITY— DO NOT OPEN Project Name: Bluff Top Park Lodge Pole Guardrail And Metal Railing Improvements. CC#: 1631 Bid Opening Date : July 13, 2021 at 2PM City of Huntington Beach Public Works 2000 Main Street Huntington Beach, CA. 92648 PH-714-536-5431 I 1 1 I L City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ NvwNv.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk April 5, 2022 Minako America Corp. dba Minco 522 E. Airline Way Gardena, CA 90248 RE: Bluff-Top Park Lodgepole Guardrail and Metal Railing Improvements— CC No. 1631 Enclosed please find your original bid bond for CC No. 1631. �Sincerely, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of Bluff Top Park Lodgepole Guardrail and Metal[Railing Improvements CC No. 1631 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach,and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed with Work after materials are procured. 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. i 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. lox of'" Accompanying this proposal of bid,find Bid bond se«,dy in the amount of m W Od Mee which said amount is not less than 10%of the aggregate of the total bid price, as required by the Notice Inviting Electronic Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for10% ", 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. Dare Received: Bidderr.'s'Si"nalrire c C-2 CITY OF HUNTINGTON BEACH PROPOSAL BID SHEET FOR BLUFF TOP PARK LODGEPOLE GUARDRAIL&METAL RAILING BID SCHEDULE NO. DESCRIPTION QUANTITY UNIT UNIT ITEM PRICE TOTAL l Mobilization and Demobilization 1 LS $30,000.00 $30,000.00 Remove and Dispose of Existing $10.00 $39,690.00 2 Steel Railing & Concrete Footings 3,969 LF (Footing Holes to be filled with Compacted Backfill Remove and Dispose of Existing $ 100.00 $16,000.00 Miscellaneous Concrete Footings 3 (Footing Holes to be filled with 160 EA Compacted Backfill Remove and Dispose of Existing $ 10.00 $ 41,770.00 4 Steel Railing (Footings to Remain as 4,177 LF Needed 5 Construct 2-Rail Lodgepole Railing 8,357 LF $80.00 $668,560.00 Per Detail Incl. Footing) Remove and Dispose of Existing $10.00 $15.320.00 6 Metal Handrail amps & Stairs) ],532 LF Construct New Stainless Steel 7 Handrail with Baseplate in Cheek 705 LF $200.00 $141,000.00 Wall per Details in Plans (Ramps & Stairs Construct New Stainless Steel 8 Handrail with Baseplate on 456 LF $250.00 $ 114,000.00 Ramp/Stairs per Details in Plans Construct New Stainless Steel 9 Handrail in Original Post Holes on 477 LF $250.00 $119.250.00 Ram Stairs net Details in Plans Remove and Dispose of Existing 10 Wood Poles &Inclusive of Chains 218 EA $100.00 $ 21,800.00 (Footing Holes to be filled with Compacted Backfill Construct New Stainless Steel I l Guardrail in Original Post Holes on 84 LF $300.00 $25,200.00 Cheek Wall per Details in Plans C-2.1 Total in numbers $1,232.590.00 Total in words:One million two hundred thirty two thousand five hundred ninety dollars Dollars And zero Cents NOTE:The estimated quantities listed in the Proposal Bid Sheets are approximate and are to be used only as comparison of bids. Payment for quantities will be made from field measurements. If the actual quantities show either an Increase or decrease from the quantities given in the Proposal Bid Sheet, the Contract Unit Prices will prevail. Full compensation will be paid at the contract price for the actual work completed, and no additional compensation will be allowed therefor. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract; this includes rejected material not unloaded from vehicles and material rejected after it has been placed. No compensation will be allowed for disposing of rejected or excess material.The City reserves the right to reject all bids and to increase or decrease the amount of any quantity shown on the Proposal Bid Sheets. In case of a variation between the unit price and the totals shown by the bidder,the unit price will be considered to be the bid. Bidder's Name:Minako America Corporation, dba Minco Construction Telephone No.:(310)516-8100 C-2.2 ALTERNATE BID SCHEDULE NO. DESCRIPTION QUANTITY UNIT UNIT ITEM PRICE TOTAL Construct New Anodized Aluminum Handrail with Baseplate in Cheek 12 Wall per Details in Plans (Ramps & 705 LF $ 175.00 $ 123,375.00 Stairs) —In Lieu of Item#7 Construct New Anodized Aluminum 13 Handrail with Baseplate on 456 LF $ 200.00 $ 91,200.00 Ramp/Stairs per Details in Plans —In Lieu of Item#8 Construct New Anodized Aluminum Handrail in Original Post Holes on 14 Stairs and Cheek Walls per Details 477 LF $ 200.00 $ 95,400.00 in Plans —In Lieu of Item #9 Construct New Anodized Aluminum 15 Guardrail in Original Post Holes on 84 LF $ 300.00 $ 25,200.00 Cheek Wall per Details in Plans In Lieu of Item#11 ALTERNATE BID ITEM The following Alternate Bid Item amounts may be added to Total Bid Price entered above at City's sole option. City can choose to include one or more of the Alternate Bids in the Project. If any of the Alternate Bids are selected by City, the resulting amount shall be added to Total Bid Price for the Project. City may select one or more of the Alternate Bids at the below stated Bid Price up to sixty(60) days following award of the Contract. City can award/select Alternate Bid items at any time(s). The Contract duration shall commence on the date stated in District's Notice to Proceed, and shall be completed by the Contractor in the time specified in the Contract Documents. In no case shall the Contractor commence construction prior to the date stated in District's Notice to Proceed. Total in numbers of Bid Schedule Items with Alternate Bid Items in Lieu of Items #7,8,9 & 11 $1,168,315.00 Total in words:One million one hundred sixty eight thousand three hundred fifteen dollars Dollars And zero Cents C-2.3 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,:,:C/au: DDUPWC Dollar. : % of Item(s) Subcontractor ILicense ' Registration# . Ani6unJ' . Contract xd.. er 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 07n3rz0t , at Gardena CA ante City State Refaat H. Mina being first duly sworn, deposes and says that he or she is President of Minako Amens Carpamfion,dba Minor Canswction 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. Minako America Corporation,dba Minco Construction Name of Bidder L41Z'--Z�MN2Z SIgnatur of Binder 522 E. irline)ay, Gardena, CA 90248 Addres idder C-a 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 Bluff Top Park Lodgepole Guardrail and Metal Railing Improvements, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: 4 person who, by reason of experience or instruction, is familiar with the operation to be performed and dne ha=a•ds innvolved." 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. Minako America Corporation,dba Mince Construction Contractor By Relaa H.Mina.President President Title Date: July 13, 2021 CS DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. 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 1 will comply with such provisions before commencing the performance of the work of this contract. Minako America Corporation, dba Minco Construction Contractor B - Relaal H.Mina, President Preside Title Date: July 13, 2021 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Minako America Corporation, dba Minco Construction Bidder Name 522 E.Airline way, Business Address Gardena CA 90248 City, State Zip (310 ) 516-8100 Refaat.Mina@mincoconstmction.com Telephone Number Email Address 612429,A,B.C7,C10 State Contractor's License No. and Class 02f1011991 Original Date Issued 09reor2o22 Expiration Date The work site was inspected by iman Mina of our office on Julysth, ?0 21 The following are persons, firms, and corporations having a principal interest in this proposal: Minako America Corporation dba Minco Construction Refaat H Mina,President,Seaelary,Treasurer,Manager "file undersigned is prepared to satisfy the Council of the City of Fluntington 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. Minako America Corporation,dba Minco Construction Compn,Nam Si nature o Bidder Refaat H. M a, Presi nt Printed o Typ Signature C-3 NOTARY CERTIFICATE Subscribed and swom to before me this 13thday of July 12021 . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached; and not the truthfulness, accuracy, or validity of that document. State of California ) County Of Los Angeles ) On July 13,2021 before me, Raffi Varooj Thomassian, Notary Public Month, Day, and Year Insert Name and Title of Notary personally appeared Refaat rl.Mina Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. urnvaooJ iNawssuN Noury Putlic Celifwnl� Oy Los Miele County Commission/233�054 Comm.Expires Sep 22.20N 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 perimeter fencing improvements, barbed wire security fencing and/or retrofitting, electrical conduit, pull boxes, and miscellaneous electrical improvements. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: I. University of Califomia, Los Angeles Name and Address of Public Agency Name and Telephone No. of Project Manager: Mace Chen,310.267.1227 $1,105,118.00 Site Improvements November 26,2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: site and utility improvements. umef N ddvewey;rumbh"insw emergency generebr,pod.mown)And modeled s dhgw.wffden and Maw wayandIng.monument 'Wn, parking and lighted building signaga and stripe parking areas:muddy and aaand mrwete accessible path of travel form the public woy,damo and replace three leaking spaces.end mplaw han@n0e:tumleh and InsWO storage capes;demo am reptem weaor Ow the at entrance 2. City of Burbank Name and Address of Public Agency Name and Telephone No. of Project Manager: Kristen , 818.238.5320 $234.785.00 Park Improvements February 19,2020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Mccambridge Park War Memorial Project Bid Schedule No.1463 Mccambridge Park War Memorial Improvements 3. City of Beverly Hills Name and Address of Public Agency Name and Telephone No. of Project Manager: Mandana Motahan,Tel:310.288.2866 $992,687.76 Tour Bus Station 8 Restroom Facility August 30.2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Third Street Tour Bus station 8 Resumm Facility West 3rd Street, Beverly Hills,CA 90210 Work Includes seiedive demotdion and replacement of existing sidewalks,parkways,curb and gutter and curb ramps construction of new landscaping strip,bus stop canopy and site furnishing,public works warehouse yard for the new restroom facility of two single occupancy toilet room. C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. l. Moses Khalil] Name of proposed Project Manager Telephone No.of proposed Project Manager: (310)863-2201 265a5 Agoura Road Site Improvements UCLA, $1,105,118.00 Site Improvements July 30,2020 Project Name & Contract Amount Type of Work Date Completed Maple Yard water Weil Project Equipping and Transmission,1,855,427.88 Site&Equipping Improvements June 30,2018 Project Name& Contract Amount Type of Work Date Completed Juanita Millender-McDonald Carson Regional .. +gym ae. ear .n.mr�ssw,<r�..nss e a.pl.vm.m0 mm eoor kvo...aBun nm,.e:ibe Improvement , ..s.Mero m....y mert January 25,2017 Project Name & Contract Amount Type of Work Date Completed 2. Magdy Michael Name of proposed Superintendent Telephone No.of proposed Superintendent: (310)516-8100 Sae work W InmaMlbn of Meaulm AGnllbtrallaf&Wa 19 M Sanmex scam $3788,360.00 Installation of Modular Administration Building October 30.2018 Project Name& Contract Amount Type of Work Date Completed Projects Description:Parkway Concrete Maintenance,Las Angeles County,$2.205.236.61 Parkway Concrete Maintenance November 11,2015 Project Name & Contract Amount Type of Work Date Completed Group 2•Mechanical Controls and UghtVQ at Various Sites Whittler City School District, $1,3W,535.44 Mechanical Controls and Lighting December 29,2017 Project Name& Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July t 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 htip:Hwww.dir.ca.gov/DLSE/PublieWorks/SB854FactSheet-6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://e6lin.a.dir.ca.gov/P W CR/ActionScrvlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https://efi ling.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." 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. Minako America Corporation,dba Minco Construction Contractor By Retaat H.Mina,President Retaat.Min mi ristruction.com Email President Title Date: July 13, 2021 1'WC Registration r: 1000002728 C-12 ALA Document A310T1" — 2010. HId Horrd Bid Bond Ho,.NlA. _ CONTRACTOR SURETY: (Name,legal star=and oddreu) (Name,legal scan and prinddpal plara Minako America Corporation dba Minco o/bnstaen)Amerlcan Contractors indemnity Company 522 E.Airline Way 801 South Figueroa Street Suite 700 . .. >'. Gardena,CA 90248 Los Angeles,CA 90017 This eoaimerd her bapertant iagai consequawe.Cormunadon vvb . .. :OWNER. an altonM is onwuraaed with f(Name.legal imam omit address) reapxt to as mmplaaon m City of Huntington Beach TOQ�`iem' >'200 Mein Street AM sbput v mfe em to 'Huntington Beach,CA 92648 contractor,WfO„'0,a%w or ?%•BQNp'AdIOWff.;`ten,PeroentoftheTotalAmountBid(;10%ofBldAmount) WW"rtyahWbecamktarea .. .. .. - ptural:tiaaia applicatte. :-(Mamk loaallaa or address,and Fmjecr number,ifany) .;; BfuffTop Park Lodgepole Guardrail and Metal Raligg Improvement%CC Project Number,ifenr.1831 ::Ho.1S31 ". The Contrado`r:nnd SitEeigare bound to the Owner in the amount set forth above,for.the payment of which the Contractor tuid Surety klrid.themselves,their heir,executors,administrators,succo=n and amigns,.joindy and severally;as provided,hcrelrti The conditions of this Bond are such that if the-Owner accepts the.bid ofthe.Contmctor .: within the"a ii;eeilied;in the bid documents,or within such time period as may be agreed to by the Owner and Co"tar.end 11Ick Copuvctor either(1)enters Into a contract with the Owner in accordance with the turns of such .:.bid,and gives such;bbnd or bonds as any be specifiedinthe kidding or Contract with a surly admitted In thejurisdlctldn bfthe Project and otherwise acceptable to the Owner,far the faithful performance otsuclt Contract and-for the promptpayment or labor and.material Furnished In the prosecution thereof:or(2)pays to the Owner the dilTerence,not t.o .ceea the apmtA..mt of this Bond,between-the amount specified in sold bid and such larger amount for whieh die Owner may m gaod"faith contract with another parry to perform the work covered by said bid,then this oblfdoilon A@Iibenull and voids biherwise to remain infull rorce and eft'ecl.The Surety hereby waives any notice of . .an earcementbelween.the.Owncr.and Cantraetarto extend the time In which mho Owner may accept thabld.Waiver of .. gotiu.by thdSurety shad not apply to any extension exceeding sixty(60)days in the,aggrepto beyond the time for acceptance of bids 34=I d III the bid,documents,and the Owner and Contractor shall obtain the Surety's consent for a'eitens, *beyoaa.sixty(6i))doys. - If.this Bond is issued Inconnection with a subeatractor's bid too Contractor,the term.Conlractor In this Bond shall .. bo doomed ro ticSubcuncsetor and the term Owner shalt be dem aed to be Contractor. When this Dead has 66ep I(anished to comply with a statutory or other legal requirement In the locaden:of the Pmject, ady provision in this B'dlid eormRicting with®id statutory or legal requirement shell be deemed deteled.hen:frlrm and `:.provisions canfdrrning to such statutory or other legal requiternem shall be deemed incorporated herein.When so ; litmished,the"intebtis that this Bond shall be construed as a statutory bad and not as a common law bad. Si ed and sealed d' am day of Jmdy 2021 .,/ nako An ;%j o ion db Mtrtoo Comtnmtla 6. ", )`Q/-A��� lPrinelpair (Ste!) fWm Amen®n an m N •• _ .• - (SurS. UY (Wlmassl _ le)l7n — - ng,Attom 4n-Fsd Ain Oae wIA310a-2016.eamnlpht DIM.10r0wd 2010 yThe Amedum am+marrArt bIox An dam,mewvad.w •?w AtA• .. - 0manenttiPntft d y U.S.CoyrtaM L,w taro WdMW"Twe -Uftvth tmd rdpredduadw or dioutbnan at Mb AIA � Pm,w wry pwV.M of LL eiar msartla even eha aM erlminel puumn.cod wal bit p,wacated m are mxAmum evW tImmla wwW�dapr���1wqbb _ r duemw 'nae ereeba an 0=7n012 m:1112' wmerem Wan 0IAlA DaamxatatiOxx� -order W. 200pP7faSiypo,aPal68:. inW11W d,eanaN b dowdWyTn Ameaean tmtmda anAdgi tw wstlmeaooAlyanda?r col De aWadwgdsMmhmrmlq.511fA,m'_.�` CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 91189 A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this cedlkale is attached,and not the truthfulness.accuracy,or validity of that document. State of Califomia County of Orange On JUL 9 8 2021 before me. J. Smith, Notary Public Dole Christine Hoang Here Insert Name and Tifle of the Officer personally appeared Names)of Signeffs) 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/shehhey executed the same in his/her/their authorized capacity(les).and that by his/herAheir 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 Taws of the State of California that the foregoing fturyprJ..ssWH paragraph is true and correct. oun Caxndsda ry n i< If _ WITNESS my hand and official seal. Say teaw.Fxlref way 19,2039 Signature Ann Place Notary Seal ondror Stamp Above nature 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: Signers)Other Than Named Above: Capadty(les)Claimed by Signer(s) Signer's Name: Signets Name: ❑Corporate Officer—71t1e(s): ❑Corporate Officer—Tille(s): ❑ Partner— o Umlted o General O Partner— O Limited ❑ General O Individual O Attorney in Fact ❑ Individual O Attorney in Fact ❑ Trustee O Guardian or Conservator o Trustee o Guardian or Conservator O Other. O Other: Signer Is Representing: Signer is Representing: _ 02019 National Notary Association CALIFORNIA ALL-PURPOSE.ACKNOWLEDOMENT CIVIL CODE`§1189 A notary pAHc or other officer completing thls.ceAlBcate verl8as only the Identity of the Individual who stgned the doaonent to which this oenfilcate Is attached,and not the truthfulness,accuracy,or validity of that document State of Califomla ) County of Los Angeles ) On 07/13/2021 before me, Raffl Varoo)Thomasslan,Notary Public Date Here Insert Name and Title of the Officer personally appeared Refeet H Mina Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the pemon(s) whose name(s) Isere subscribed to the within Instrument and acknowledged to me.that.ha/sheAkey executed the same in hl&%wAMW authorized capacity(lew),and that by hWhedtheir signatures)on the Instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALLY OF PERJURY under the,laws of the State of Cailfomla that the foregoing paragraph is true and correct ttYFl vurooi THOWSSM WITNESS my hand and official seal. COWMA [awry _$ Ceemdalen 221r051 Signature *MY Comm.EYpsmsep t2,202< g gna re of Notary Public Place Notary Seal Above OPTIONAL Though this section is optlonal, completing this information can defer alteration of the document or fraudulent reattachment of tW form to an unintended document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Cepacitypes)Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer - Tlde(s): ❑Corporate Officer—Tltle(s): ❑Partner— ❑limited ❑General ❑Partner— ❑Limited ❑General ❑Individual ❑Attomery In Fact ❑Individual ❑Attomeyin Fact ❑Trustee ❑Guardian or Conservator O Trustee ❑Guardian or Conservator ❑Other. ❑ Other. Signer Is Representing: Signer Is Representing: 02014 National Notary Association•www.NationalNotary.org•1WO-US NOTARY(1-800-876-6827) Item 95807 t" 5i � `" 'y�'$�'"` rf � 4 1' -M `s D .- nnCit e•• r� �,.V- a �K+4 f '` sa4-.ti r.f• .[ TQ; �''4- Y a �J� .' ti 'S'�. S 'vv x {` _ bJExlf�1SCC ,r^' .r'3n 4 t ' r r x L` ..t v 4:._xF - ,� r4ti. er,- t.- .4 F �•r5 <4 SF' IPOWER OFrATTORNEY .- - AMERICAN CONTRACTORSyNDEMNITY�COM�ANY¢ITEXAB�BONDINGICOMPANY;': *' - +UNITEDtSTATES.SURETYkCCMPAW,YIN" SP.ECIAj- krjINSUPURANCE�COMPANY - - - .i- ..F, _ z .. P. .Y i. tiKNOWALLiMENjBYTHESEIP.RESENTStThatAmencan.Contractorslin`demnity,Comp ySalCalifd'm _p iFo`n Texas�Bhndingt`-' =r rCompany-'a a sumac name afAmencan Go'ntiactors Indemnity Company,,United-States Su(ety'Corppany a;M'aryland:aryorahon . andtU;SnSpecialtyjInsumncetCompany ayTexas corporation(cotledjvelyy'ilhe Eompanie�*)'fdb,by,these presentvs.'make rconstl - a j?' � t end appoint. y fit � d?'vy r Yung o-tMdiliick Jm aes W IMoilanen�nqjL'uong('Emdie George'(Chdst4n;Hoa ng�Danlelle)Hanson orrP AusBnlNeff r ofiMis'sion Viejo{Celifomla itsiWe andllawhil_Adomey(s)-Indic eadSitnitheu''sepa2 a mpaaty,ifmone thento'ne/�-is nametl ebove vnUiitug!:power aril authonty hereby, conferred. in,its name;ipla eaand'stead lo.exe`"wte- a'dihow_fedgeaMflazlrvEr_anyand all'(boRd� recogolz`n_nces - undertakings or other Unstrumonts oi(contracta`,of+suretyshlp.ito Inbludeeiders amondmonb,4andkconsenta ofsurety Iproviding rtho�bonAlpenalty does nobezcebd - _�--' Flfteen Mtllton r; -�-"Y 'JpolWrs : («. Si500000D00 .,This P6QkrofAhomeyshailaxpiii-ilhaut(urtheractdriori Aprii23, 2022-This)Powe-FQf:Altomeyjisjgranled •�Y �) - Bunde�rTndjbyrFautonty�of lhe`follo+rnngyreIvUons odhpd.bye Boert1 Lof Directors of lhe'C�o(rtpanles " sk:ResoM1adglhal the Presldanl on VlcaFresMont an iAssgtaritiVice-Piosident!tan -re yrAaslelanl Saorotary,shaoll be o d is hereby <� Waetdd withiull,p e�,and euthodly,`laiappolof any ono rn more suigble'f peraane�es�At omey(s)•Irryi-ra�oFad In represented'ent end Tbrantl Dn betiell of the AaonTO4n-Fee maybe given full powerand autawiryforand in the name of and on behalf`of the Company;.lo execute ecluitMge and dafivar arc/, entl dll bonds-(ecognlzancesconira'cls agreemengor lndemnayiendothefwiiaillanal.aDEllgarary undertnY.in_IIgs Inducing erry�ndlelpcdnsenlst r .for Them ease,of7re15ined. ,percentages antl/o�final estimahm on engineedng:and conaWctbn conlracq and anyyand atl�nudces and daamentsj canceling or temunedngtNe Comp,ny's liability 9lhereunder and any sued,Wtnime`nq so ezeaitedy6y anysucti Allome4yan•Fad s�all by In8 upo - -` tM1e.Company as(f signed by lha Prosidonl end sealyd ene'eAecfed: by Vie Carycro al;Selary' ;'Fn- a;,'. "+ KBaiPResaNed thahahe slgnelure of any aulhodietl officer andiae�a a(ilha Company herelDfare o hereafter aflhcedle a'y po-w to ottamoy';o'i -�` Algcala rclalin9 thereto bytlacsmlte nd anyrpoQer of afWmey o�f cenlaDaleToeadng fanlmlie elq^nluro of fa"cslmti sa eatshall be valid and toIndngCfa t #'5.�4 `� uPan ltie Co pang wllh resPeet.lo�anY banPd orund kin9lo`w'hk�h l Ii a a�tlachz d:,YTti .. �.;�L `�=yr k ,`w. 5 a��� no.,t`r' a dN VJITNESS,WHEREOF�The Compames,haye caused,thq InsWment.io bas(gned and lhelr cury_or7' seals-io`belherelo:affixed fhrs ht"da ,of iluna:20'16 v terra c rst'r-gE .� m- T. ?ram* .Y .w .CONTRACTORS MN AMERICAN CONTRACTORS INDEITY COMPANY) TE7(ASiBON OMPANY i,4r" >• r. --p �,; < jUNITED.S p SUR O PANY '�ECIA N URANCE CE,C COMPANYr . ; „ 7 J m awo ace l'*' s• a•. ^'1 r ^ �. ( _ .S -. r +�SCounty of Los Angeles .ctk_ 1 '\�� JI rs'�� r s yy �:,.Cc -.S.�], * 1 ,Y•�. k ynrr awe° `. >aora�- '- `6,�� -.. a"t:3''��a0an(eIIPI'Aguila�,Yice President 2' +L. - Nolary�Publrc.or,otheroHcider�comp 6ng'thrs ertrt rf�fc�s(�lfflas a yyy;IWid'en6"6fy f,LhFe mdivldu`al whotsfgnedi doc�meof . {which fhis'cef66catD9saaatlac`ho`dandnotfhe:fmlMulnass..acc'ufa ,vor mi oGthof document On IfiL'si�day�ofJu a 2018�h'eforeime:Sonia O Cerrej'o�„a,no ry�putihc persona iyLppeared DanIeI�P" ilar�Vlce'P(asfdenibo( - Ameri aniConua`dbrs Indemndy�Company •Texos Bondng?GompahyaUntted States4Surery 6ompa`nytanFd�iUiS;;Speaaity,lnsumnce ; rCompany who proved�to meonth`e basis of sat isfactory,endence to'be.the person wwTiose name gfsubscnLed to�thervnthininstiu_ ent` . and'.adarowiedgedilo+me thatq eW-x_e_c-"td Iulhorriedtcapaaty;-andflthat by7hts.signature an`ilheimstrument ;. , 'the person oriltie.enhly upon behalf of which(the personjaycted executed thenstrumenl -i'� r r i t�un Oy �� Y�`'•.t , a�foya ltFY1�h.eJtiT,Y re"'gJoiinig,p'aY•pa�r4t;E..� ett ernYd�o- ��Ice ,, = � � �WITNESS�my handland o(fi^el'sealz� +:. t •1 �-.C-4-1+",* , m„arJura—I ` 's .r,,, r T •.. fi \ cY>St Y i5lgneturei -. �, j(see0/�+ z S r yr.�q. +wqx„ : . � �,,,°f.�, '• � t ,s . vb c uc+mm' jndP - -ri it = r k •1r "Z ,•7' +�KloLlro �gtaYt Secretary�l, �Amedcan�Contractors`in�deamnlry��ompar?y�e�si Bonding�Campany 3Unlled�SlYales,}Surety.,y,�.�.,: GompanytandiU S.,Spedalty lnsu nce�Comparry1 o;hereby ce,ifyyy the ebove,a"d regoing',is.a truarannd,ponect copy of alPower _:r _ '- of Atto`mey+exectited bytSa[d(C�pames whichils(sb1111 ull�force andfeHeck furthertnore=the resolutions of thei6oerds of rec(ors +x `7 - .� y+set`otitin thePoweo�AUomeyre ull,torcef nd -`'air �f`,L;z.,,� 5 "c a -yj •,� _� . fitness Whereof eve hereunta�fsetrtty ha rlytandfaffixedJih_se31s of soid_Compa slew L'os3rngeles Calj(omia ihisn i. (cr rT(deyrOf— NJi r i u Da S\. -'. �:._ � ,f c 7Y .vlr b ,C _`vMzr ..-. ..4,S- >• _yr' r s .-. is—C ..✓' 1 zs S`3c i = iC0 raie�Seals rY i,.S y Y %'S r (�.+�!s-r-��c++s sT t '~ BO�d` ' �J'�f/^� t_^' {! s „te -i.� • � Y 4 ,RJ t\ /y2. f'J 1 a v ram•. ;"d ,�� _ t"- " -,. '7- C, A 1 - 9� + a ,s wo Lo Ass Secretary < . k 1Agen`cy NO." 7715._i.. �_^` ar✓ I 'hc i �' r'',� 1 l,. I'Si t � y->T.(� ;"^Qra I7tb'� +6 r.._ 4 +r '� Y�yt�� 'V�•(s Y+ ' �'IF'r -+ a !".r4}^. t :,i i "ti h (� ?1 t (-'h i r b "rP i '� ,a�)�$�•-��''. .,a E+�'-.N" ^-. L �� _ �fiCfSMPNPW00ROi9r�'- i♦.��-4*•. � S. �,�z; Y a 5 � �� .lw�.Z tiQr � 3t Tom, t. .^ t y4t f.6."', 4 '? y °s � ���`""�• y4rf�visit t�mhcc conrJ4s�tY fyar rrmre Into�,Uonrr- 5•F.�, ,. . ''," y-���A `I���r-r,�.:c' -+'f ; �� 4'•S- S� r : 1 s,��r�` nt, T �ry7 rr � n � �'"- � T i v. - 7L, `N --'w _ f 4i. ♦>�n' Y ly,. J.i.]�_a..-. _...�L� _ r l 1. ,,.. -vim-:' g ` � - _.._.._.__......... _.__....------ ---so I ' � w == i STATE OF CALIEORNIA 2 _ > t t DEPAR L r EN OF INSUF ArNCE r lr ' s '' = '.. •� ' „ t SAN?FRANCISGO -r - -. 7. _._ s Certificate of`Authonty w Tm�s ls.i ,Cmxrnz,'Th!rt pursrtant to the�Insurarsce Coderof the State ofcc ifomia; American ,Contractors IbdOAhity_'LCompany of Los t{Angeles , Californ>_ai ti 'i;,organlzedunde`rthe lams of canfornia subreat to its Articles of In'orporation?or r _T _. other`-'fundamental or gdriiraHonal,dacuments, is hereby authortied to trdnsact wcthln thls+State, sublect,to aA.prop{ston'v gf thiv_Cert{f e,'the faTloivi g classed+of inauraitce: ii _ Surety i as.such classes are rww of may hereafter be:defiied Hrthe Insurance Lawslof,the'Statb,;of.CaIrf-m-ya - ' Tiffs C�icA•M,'is,eipressiy conditwned.upon the holder'heieof now�and hereafter being to s - •fulllcg7n U tce,wtth,all,,andnot m owlatiorr of arty,of the applicable lauu.and Iavif ul requt eri eats, made under authority.'of the Iau7a of the Stale,of California as'lang"''as such laws o rrequirements ale ine$ect-,'4,4*applicable;,and as siich "and requirements nourare or may hereafter bex nge d 7x.Wri4�vs W�nzoa effecttae as of4he 23rd day: t l R t May." i8 99 I haare hereunto set rt. .-y-y-'d r `- -c.,e 1, • ,. �- - :my hand and caused my official seal to be axed this 24tht t^ }. .. - ..ice ;'n.. : .r. .-'•,`I +. .Ma! 19 94 .. fit+ '•. _ '. �' ohn,i r Minako America Corporation, ' dba Minco Construction 522 E. Airline way Gardena, CA90248 I j J ' OFFICIAL BID SECURITY DO NOT OPEN Project Name: Bluff Top Park Lodgepole Guardrail and Metal Railing Improvements CC #: 1631 Bid Opening Date: July 13. 2021 at 2:00 p.m. 1� City of Huntington Beach Public Works office I' 2000 Main St- I - - l Huntington Beach,CA 92648 i i t Wood Vinyl Tubular Fence Glass Fence Chain Link Masonry Greenfield Fence Inc. Automated Entry Systems PROPOSAL/CONTRACT 4051 Coewsiae 61vd.Oceanside.CA 920M FWD 7`0 P24-8131 Fax 760-724-W3 License F568973 PROPOSAL SUBAMITED TO: PHONE: FA a': DATE: PublicWorks -ChrisTanio 714-53rsdv 7/13/2021 STREET: JOB NAME: 2000 Main Streeet Bluff Top Park Improvements CITY, STATE AND ZIP CODE. JOB LOCATION: Huntington Beach, CA Orange,CA We hereby submit an estimate to furnish Labor and Materials for: Bid Item 3969 #2 Remove Railing and Concrete Footings $10.00 LF $ 39,690.00 160 #3 Remove Misc.Concrete Footings $100.00 LF $ 16,000.00 4177 #4 Remove Exisitng Steel Railing $10.00 LF $ 41,770.00 8357 #5 Construct 2-Rail Lodgepole Railing $86.00 LF $ 718,702.00 1532 #6 Remove Existing Handrail(Ramps&Stairs) $10.00 LF $ 15,320.00 705 #7 New SS Handrail with Baseplate in Cheek Wall $289.00 LF $ 203,74500 456 #8 New SS Handrail with Baseplate @ Stairs&Ramp $289.00 LF $ 131,794.00 477 #9 New SS Handrail in Original Post Holes $289.00 LF $ 137,853.00 218 #10 Remove Wood Poles and Chains $250.00 LF $ 54,500.00 94 #11 New SS Guardrail in Original Post Holes $289.00 LF $ 24,276.00 Base Bid Total: $1,383,640.00 Alternate Bid hem 705 412 Anodized Aluminum Handraild @ Cheek Wall $231.00 LF $ 162,855.00 456 413 Anodized Aluminum Handrail @ Stairs $231.00 LF $ 105,336.00 477 #14 Anodized Aluminum in Post Holes $231.00 LF $ 110.187.00 84 414 Anodized Aluminum Guardrail $231.00 LF $ 19,404,00 Alternate Bid:$397,782.00 'Greenfield Fence,Inc.DIR Number:1000002047 'Bond is excluded. Greenfield Fence,Inc.bond rate is.81%if needed. 'Prevailing wages are acknowledged. 'Price based on unrestricted access with all equipmentlmachinery. 'Exclusions: Grading,Staking,Surveying,Design,Bond,Permits, Engineering,Core Drilling,Spoils Removal,Temporary Fence,Traffic Control, Fire Dept.Requirements,Masonry,Underground Utility Location, Signage,Paint,Powder Coaling,ClearinglGrubbing,As Built Drawings,Access Control. 'Price subject to change if special digging is required after Dig Alert. TOTAL = $ 1,781,422.00 If OCIP applies SIR not to exceed 51 500.00. NOTE PENdNG CREDIT APPROVAL. PAYMENT TERMS: MET 15 DAYS PRICE INCLUDES ALL LABOR, MATERLU_ TAXES. ETC. NECESSARY TO COMPLETE ,08. FOLLOWING FIELD MEASURED UPON COMPLETION AND BILLED AT AGREED PRICES. PRICE EXCLUDES CORE DRLUNG. GRADING. STAKING, PERMITS, SURVEYING, DAMAGES CONDITIONS', TO UNDERGROUND UTILITIES,SPRINKLERS,OR PROPERTY ME TO INSTALLATION OR REMOVAL ALL PROPERTY MARKERS ME TO BE VISIBLE AT THE START OF WORK IF NOT,GREENFIELD FENCE,INC.DOES NOT ASSUME ANY RESPONSIBILITY FOR THE WRONG PLACEMENT OF FENCE OR WALL ANY CHANGE IN THIS QUOTE WRING CONSTRUCTION WILL RESULT IN A CHANGE FOR THE EXTRA WORN PERFORMED. PRK:E DOES NOT INCLUDE OCIPIWRM INSURANCE PROGRAMS. LUMBER PROWCTS ME NOMINAL WES SET BY THE MANUFACTURERS.B0.LABLE PAPERWORK IS REQUIRED PRIOR TO WORK,NO BOND OF ANY KIND INCLUDED W BID, WORK MUST COMMENCE WITHIN IS DAYS OF ACCEPTANCE THIS QUOTATION VALE)FOR S DAYS. WE ME A NONLNpN SHOP. ACCEPTANCE OF PROPOSAL: AUTHORIZED SIGNATURE: Signature: Da to: Shama Watson M me erom mot motel Prry xramef nwlwe n ugaen,amvaan ar A,other uemae afwla rawulan mMrq can of w re r..q m mot caarw er w xrtamance ar n,iota cwrt a Inlv,na n eVen anamnll w elgauen ana5 a.im rea.mawi leaf ana wuf ucwrea 10 Ina yiVasnq wnv i laalq alomeyf leaf.egen wnneff lee..cwn wfu am aner wfU anunq un er o leumq Ip mspMma alma afpale. Payments to be made as follows: Notice N mnerMlf ra puNnlem 10 M.f fpeuM1VE, N'.'M In Ca[anpam In a ia1mN V/nm Ne MKtM,vJ' lien LN(CalJamu CW a pl Cml Pia[«ure.Secign 1151 a F'w muwr.cea6r+p 1e MaMaN p«IKm. My geraM>aewlw kM aOnn am.) 'iT'fBifaCa.fuaepLLri[n,Ialwlir,suppler,a aMr paten'iT0 nelpf 10 «euI nwn,q m'ia..I AS Ir e.«wea mM uwll.rsm aeon aw w mplv..y r proPPry dn,f ml wq W lmf.aa w Au" 'naf a,qm la enlwc. aabn.in enn[NrVf Wer eM aWN LM ei'vINl1. N.pleelnelal fdri.ylN 1{Url a(Lm ppnA p1:r aaPol1Y. Thf memf IMI.iftl i UiYI Iteaalq.pV pNglly fm.ef.acgaxf,a pevyf aelvRa w.ruwM.oM.afen re nsy ao..rse IN cpae oe faM Iry a cwn,aeKa rM me pmcmpf pl me w.af.a ID filHry me xb+mm f Cpmpenfalpn Faurarce. N pepeh m.hin mull pe a Via ftan Rl cant naaaeanefa. Thu un Mppen evm(pu niw peq put can CMreCa in N,a Na ,ruCgnaothewd.e ae ea a»umi aryrefponaEiry+'Mlueverfa aMlaKmn fuYmlefCa.Mepra pr suppMr«memf unpiA marvraq lanan. www.qreenfieldfenceinc.com aEvm,l