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Home My WebLink AboutAES Construction Group - 2000-10-027 Recorded in Official Records, County of Orange Tom Daly, Clerk -Recorder IIIIIIIIIII!IIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE WHEN RECORDED MAIL TO: 2003000565042 1 1 :34am 05/16103 CITY OF HUNTINGTON BEACH 130 27 N12 I Attn: Robert A. Martinez 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 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 AES -Construction Group who was the I company thereon for doing the following work to -wit: r SEWER LIFT STATION IMPROVEMENTS FOR STATIONS NO.4 & NO. 17, CC-1060 / 1061 This project includes: Construction of two sewer lift stations, one at PCH & 17T" (Station A) and the second at the S/W corner of Brookhurst St. and Effingham Dr. That said work was completed March 7, 2003 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 March 18, 2003, per "City Council Resolution No. 2002-10 adopted February 19, 2002.• That upon said contract Motorists Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this April 15, 2003. Director of Public Works or City Engineer City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my,knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this April 15, 2003. J irector of Public Works or City Engineer /� City of Huntington Beach, California WHEN RECORDED MAIL TO: ^, CITY OF HUNTINGTON BEACH a Attn: Robert A. Martinez ` J P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 c� - .c - .n City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Robert A. Martinez DATE: April 10, 2003 SUBJECT: Retention Release Payment Company Name: AES Construction Group Address: 8100 Balboa Place City, State and Zip Code: Van Nuys, CA 91406-1135 Phone Number: (562) 592-157 Business License Number: A 212302 Exp. 1/02 Local Address: Same as above Notice of Completion Date:Pending Contract Purpose: Release remaining 10% money to contractor from Cash Contract 1060 / 1061 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 o Date the s .ect at this time. Robert F. Beardsley, Public Works Director I certify that there are no outstanding invoices on -file. Y, I (, -0 _�? Date ari Freidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. �O -S D to Connie Brockway, City.Clerk 5116103 - ��°w P"JUG d-k u cP w ( C rn�t S -�u.{" /V b `� C` )° 14 tri v. N t h �° Reten. Release -I-D I"""'e L h -A Id f rhJr -b c)�+ by 4/10/2003 1:52 PM 0 CITY TREASURER'S OFFICE DATE Review, initial, and route as indicated: Shari L. Freidenrich Carolyn Kowalewski Sherine Barakat Al2Q=Lejjjpka LeeAnn Benton w Elisabeth Bodine e Julie Bott Avis Ryan A ri s Jim Slobojan Leonie Crouch o.a Ethel.` Torrence i via iragossian Kathy Vaughan Paul Grassmuck Ronnie Wehselau Corinne Hoffman Gail White Comments: Please return to Joyce Greene Routing Slip ON-LINE BUSINESS LICENSE. INQUIRY DISPLAY OMME.ND [BLIN] LICENSE [A212302] Please select license, name, or address INPUT BUS NAME....[ ] INPUT SERV ADDR... [ ] [ ] [ ) [ ) USINESS NAME............ [A E S CONSTRUCTION GROUP ] ROPRIETOR/MGR............ (A E S CONSTRUCTION GRP] ERVICE ADDRESS...........( ] AILING ADDRESS ............ [8100 BALBOA PLACE ] ITY STATE ...............[VAN NUYS CA ]...ZIP CODE [91406) j ] ICENSE NBR...... [A212302] FED EMP ID NBR......... [954707900] ICENSE TYPE......[KA] [KC] [ ] STATE.EMP ID NBR.........[ ] IC TYPE CODE .... [8711][1731][. ] SOCI.AL.SECURITY #.....L T ICENSE FEE.......f 142.501 EA SALES TAX NBR....... [ ] - ENALTY FEE......[ 14.251 STATE CONTRACTOR NBR... (7603721 AYMENT AMOUNT...[ .00] STATE CONTRACTOR TYPE..(A1 ][C10][ ] AYMENT DATE ..... (01/11/2001] BUSINESS PHONE NBR..... (818 786 4125 ] 'FFECTIVE DATE ... (01/01/20011 IN HOME BUSINESS? ...... [N] TART UP DATE .... [01/01/2001] ACTIVE ACCOUNT? ........ [N] NIT MULTIPLE....[ 41 EXEMPT ACCOUNT ......... [N] .EPORTING DIST... [000] OWNERSHIP TYPE ......... [C] .IC PLATE NBR.... [CA ] TYPE OF FEE RATE ....... [F] :BR OF EMPLOYEES.[ 201 DRIVERS LICENSE NBR.... [ ] .IC RENEWAL FEE..( 12.001 CODE ENFORCEMENT FLAG..[0] .V i IFORM I LTAIJ jCol 28JRow 21Page 11WS125P o1 I bi f 2002 - 03 C '` 0 , `03 — 14 1 • 5U 1 Z - ':�o 1 4 -2 )� ins • c� J 42--]i -�j-c.J vv�, v �- . � A•�ie� 1 �c�v2 b22s•� .�.na.�o �•o �� •�11 �G i 4xy 9.J�- + select Find X ;Links Custo... �OL=... Internet Qel... Close 5eg... New... Dis... Aka Customer Parent 25436 �- A E S CONSTRUCTION GROUP NC Batch Number �- DocumentDoc Remark Gross Open Invoice Due' Date Pay Number Tape Amount Amount Date . Date Closed State 332191RF 18.26: : 81112002. 1120021 10/712002 P 34456:RF 7.031 7.03` 91312092 132001 ;A 35815RF 7.84: 7.84€ 101212002 '022002: A 37236RF ! 1.34 1.34 11/412002 '1l42002: :A 38544;RF 3.98: 3.98 121212002 *=002: :A 40121:RF 7.48; 7.48; 11212003: 122003: :A 41593 RF 9.56: 9.56; 21312003 2IM003: ;A 42971;RF ; .38 .38: 3/312001 :f32003; :A 44422;RF € 5.59 5.59 41112003 W2003; ;A 33631:UC ;CONSTRUCTION WATER REN' 70.00: 70.00: BJ2012002 Z-M92002: A 33631;UC :TAX METER # 1537578 3.50: 3.50 B12012002z1192002 ;A 33633 UC CONSTRUCTION WATER REN' 70.00; ; 8120/2002 It 91200210/31/2002;P 33633UC :TAX METER # 1589538 3.50; 8/20/2002: 7192002'10131/2002:P 36090:UC ;CONSTRUCTION WATER REN' 70.00; 70.00 101312002:'11712002 :A 35090;UC 2TAX METER 1589538 3.50 3.501 10/312002; '122002 :A 36111 ;UC :CONSTRUCTION WATER REN' 70.00 70.00 10/312002 -11212002 :A 35111 ;UC :CONSUMPTION 2 UNITS 4:52; 4.52: 101312002'122002: :A 36111 ;UC :TAXIMETER 1537578 3.73 3.73: 10/312002 ' 122002' ;A 37025;UC :CONSTRUCTION WATER REN: 70.00 70.00:10/24/20021-23t2002' :A 37025:UC :CONSUMPTION 4 UNITS 9.04 9.0411012412002`.*232002: ;A 37025:UC :TAX METER # 1537578 3.95 3.95:l 0124/200211232002: :A 37026 UC ;CONSTRUCTION WATER REN; 70.00; 70.00 1012412002" ;232002 :A 37026:UC :CONSUMPTION 2 UNITS 4.52; 4.52:1012412002'.'232002! :A 37026;UC :TAX METER # 1589538 3.73 3.731012412002-*2312002; ;A 37535;UC ;CONSTRUCTION WATER REM 70.00 70.0011/1412002-:1142002 :A 37535;UC ;CONSUMPTION 1 UNITS 2.44! 2.4411/1412002'b"412002; ;A 37535:UC :TAX-METER#1537578 3.62 3.62'11/1412002'�'142002 A 37536;UC €CONSTRUCTION WATER REN' 70.00 70.00:1111412002711412002: :A 37536UC :TAX-METER#1589538 3.50; 3.50;1111412002-21142002: :A 39533 UC :CONSTRUCTION WATER REN' 70.00: 70.00;12/19/2002 1/1812003: A X A39533;UC - .. 39534 UC :CONSTRUCTION WATER REN-1 70.00; 70.00:1211912002: *118/2003: A 39534;UC ;TAX-METER#1589538 3.50; 3.50;1211911002°1l182003: ;A 41431 ;UC :CONSTRUCTION WATER REN' 70.00: 70.001 11301200= 2JI12003: :A 41431;UC USAGE32 UNITS 78.08; 78.08: 113012003; 3112003 :A 41431;UC :TAX-METER#1537578 7.40 7.40€ 1/3012002' 3112003; :A 41433:UC ;CONSTRUCTION WATER REN" 70.00; 70.00; 113012003 3112003; :A 41433UC :TAX-METER#1589538 3.50 3.50: 113012002- 3112003: :A . 42528;UC 'CONSTRUCTION WATER REN" 70.001 70.00: 211312003= 311512003: :A 42628UC ;USAGE 6 UNITS 14.64: 14.64; 211312003 11512003; ;A 42628;UC JAX-METER # 153757B 4.23 4.23: 211312002 ail52003: ;A 42630;UC :CONSTRUCTION WATER REN' 70.00 70.00; 2/131200=- 315/20031 A 42630 UC USAGE 23 UNITS 56.12; 56.12; 21131200: 512003: 1A 42630€UC ;TAX-METER#1584538 ; 6.31; 6.31` 2/131200= 315J2003; :A 0 : �N; 43385;UC :CONSTRUCTION WATER RE70.00 70.00 3/62= u57 0020D37G 14-- 43385;UC :TAX -METER # 1537578 3.50 3.50 31612002 415l2003 I.55 :A� 43387:UC CONSTRUCTION WATER REN- 70.00 70 00 31612CC-=t512003 A ON-LINE BUSINESS LICENSE INQUIRY DISPLAY 'COMMEND [BLIN] LICENSE [A212302] Please select license, name, or address INPUT BUS NAME....[ ] INPUT SERV ADDR ... [ ] ( ] [ ] [ ] BUSINESS NAME............ [A E S CONSTRUCTION GROUP J PROPRIETOR/MGR............ [A E S CONSTRUCTION GRP] SERVICE ADDRESS...........[ ] MAILING ADDRESS., ......... [8100 BALBOA PLACE ] CITY STATE................[VAN NUYS CA ]...ZIP CODE [914061 [ ] LICENSE NBR...... [A212302] FED EMP ID NBR......... [9547079001 LICENSE TYPE ..... [KA] ., [KC] [ I. STATE.EMP ID NBR.......[ ] SIC TYPE CODE..... [87111 [1731] [ ] SOCIAL SECURITY #• .. • [ ] LICENSE. FEE......( 142.50] EA SALES TAX NBR........[ ] PENALTY FEE......[ 14.25] STATE CONTRACTOR NBR... [7603721 PAYMENT AMOUNT...[ .001 STATE CONTRACTOR TYPE.. (Al ].[C10][ ] PAYMENT DATE ..... (01/11/20011 BUSINESS PHONE NBR..... (818 786 4125 ] EFFECTIVE DATE ... [01/01/20011 IN HOME BUSINESS? ...... [N] STARTUP DATE .... (01/01/20011 ACTIVE ACCOUNT? ........ [N] UNIT MULTIPLE....[ 41 EXEMPT ACCOUNT ......... [N] REPORTING DIST... (0001 OWNERSHIP TYPE ......... [C] LIC PLATE NBR.... (CA ] TYPE OF FEE RATE ....... [F] NBR OF EMPLOYEES.[ 201 DRIVERS LICENSE NBR.... [ ] LIC RENEWAL FEE..[ 12.001 CODE ENFORCEMENT FLAG..[01 RCV I IFORMI ILTAII ICol 28JRow 21Page 21WS125P -Z Z O3 �e A o0 C. i L '�- 0. 1 t4 2 S—:> i�,10-1.- ,��`014 1 L2 '1.0 �(Q n2�,a •� 1 ( $ 4� o. l 42 - > J (I Ty vc hUN'i iN, T 0,N 8' ACh, CA Z003 gj -b P 2-, 35 City of Huntington Beach Department of Public Works . Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on i CG /o i e / �,0 6 ► SBr� ®�t L. �f S� f,: n 1..��e✓�•n+�'+fs �o,t Ssi7`en �= �f s' iit /T Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract- or training program provisions applicable to the wage rate paid. �� ✓P dies c' S ign % ure add Title g:cc cuhconl �y _� U r ,y. L •., DECLARATION OF SATISFACTION OF CLAIMS ' y 0," HUNT 1 Nei : i Ce t, nCH, CA 1, �}4,:6 �oy,�,d-r-icc ur C -�x , .�, state: ZOO) MAY -b P 2: 31-; 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled 9U.V % uwt t-ift;.4 yf 17 and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed urider the provisions of the statutes of the State of Califomia: (if none, state "NONE") , zc 6,3 I declare under penalty of perjury that the foregoing is true and correct. Executed at _ Vlc�w IL)on this day of ,, (Signature of Contractor) Sx6cuh=2 AM 17 V �I ?I ,tUC s;1'IGRI F' UP (818) 786-4125 8100 Balboa Place,n Nuys, California' l fax (818) i l L .5�-+�'�'M;tit✓,-.:i�I.sP�.7Ktt.Pat9'sia3fllfc'`.�t�OF g April 18, 2003 Mr. Eric Charlonne -� Contract Administrator N o City of Huntington Beach 2000 Main Street, P.O. Box 190 Huntington Beach, Ca 92648 Subject: Declaration of Satisfaction of Claims, Sewer Lift Station Improvements, Stations 4 & 17, Cash Contracts 1060/1061 '`' �- LIU C-) Dear Mr. Charlonne; In support of the attached Declaration of Satisfaction of Claims, the following list comprises the remaining change orders and claims outstanding from AES Construction to the City. Item Description Amount C.O. 19 Additional Sidewalk, Curb/Gutter $ 15,276.00 C.O. 20 Air Duct Wall Spool $ 1,919.42 C.O. 20B Air Duct Piping @ PS 17 $ 6,136.33 C.O. 21 New 16" Wall Spool @ PS 17 $ 6,103.61 C.O. 22 Interior Mechanical Piping Changes $ 17,403.00 C.O. 23 1" Water Service to New Structure $ 2,828.24 C.O. 24B Caisson Move $ 5,124.90 C.O. 24B Caisson Lifting Eyes $ 13,770.00 C.O. 26 Relocate Interior Lights $ 481.98 C.O. 28. 16" Water Main and Valve Delta $ 50,566.19 C.O. 29 Temporary Cold Patch Asphalt $ 28,263.62 C.O. 31 Trench Plates $ 44,316.00 C.O. 32 PS 17 Opening Traffic Lanes Prematurely $ 27,747.92 C.O. 33 Replace Electrical Meter Bases $ 1,678.00 Change Order Subtotal $ 221,615.21 Final Claim 8" Force Main Open Cut and Delay Claim $ 725,440.19 Total Amount of AESC Claims $ 947,055.40 Page 1 of 2 San Francisco, CA • San Diego, CA • Tempe, AZ • Chicago, IL • Dallas, TX • Houston, TX • Somerset, NJ • Boulder, CO -,. 1. Mr. Eric Charlonne April 18, 2003 `i ` :' `� it Page 2 '_ 1 T y G 1 ri UN I cif 1 UN :.JL Ok , i, f; The following are the Notices to Withhold which remain outstandingZ003 MAY - b P 2. 3 h Stop Notice Vendor Amount Date Sancon Engineering H Inc. $20,400.00 1/14/2003 P&F Distributors $12,675.08 12/3/2002 Pacific Coast Steel. Inc. $5,135.60 2/27/2003 A&A Ready Mix $2,895.56 11/27/2002 Robertson's $21,118.42 9/12/2002 Robertson's $3 5,93 8.34 11/6/2002 Associated Ready Mix $18,856.20 11/27/2002 Modernair $15,924.00 12/5/2003 S&J Supply Co. Inc. $24,161.53 1/22/2003 Atkinson Grading & Equip Rental Inc. $27,248.00 1/21/2003 Allied Steel Co., Inc. $50,084.50 9/26/2002 Hertz Equipment Rental $9,605.85 6/17/2002 Hub Construction Specialties, Inc. $15,794.91 6/7/2002 United Rentals $22,446.17 4/8/2003 United Rentals $12,126.26 4/8/2003 Total $294,410.42 To the best of my knowledge, these represent a full and complete listing of all remaining claims against the project. Sincerely, AES Construction Group Inc. Art Babcock Vice President Cc: TC8652 File Page 2 of 2 AESC .L f DECLARATION OF SATISFACTION OF CLAIMS state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled S' 6i L-AS'�ifi►.r+ l..proagw�,.'fs Six ty /? and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") , I declare under penalty of perjury that the foregoing is true and correct. Executed at &,t -- t tw, on this //Q0 day of Apr, / 2,63 I (Signature of Contractor) gxckachcaO n AES CONSTRUCTION GROUP (818) 786-4125 8100 Balboa Place, Van Nuys, California 91406 fax (818) 786-4106 April 18, 2003 Mr. Eric Charlonne Contract Administrator City of Huntington Beach 2000 Main Street, P.O. Box 190 Huntington Beach, Ca 92648 Subject: Declaration of Satisfaction of Claims, Sewer Lift Station Improvements, Stations 4 & 17, Cash Contracts 1060/1061 Dear Mr. Charlonne; In support of the attached Declaration of Satisfaction of Claims, the following list comprises the remaining change orders and claims outstanding from AES Construction to the City. Item Description Amount C.O. 19 Additional Sidewalk, Curb/Gutter $ 15,276.00 C.O. 20 Air Duct Wall Spool $ 1,919.42 C.O. 20B Air Duct Piping @ PS 17 $ 6,136.33 C.O. 21 New 16" Wall Spool @ PS 17 $ 6,103.61 C.O. 22 Interior Mechanical Piping Changes $ 17,403.00 C.O. 23 1" Water Service to New Structure $ 2,828.24 C.O. 24B Caisson Move $ 5,124.90 C.O. 24B Caisson Lifting Eyes $ 13,770.00 C.O. 26 Relocate Interior Lights $ 481.98 C.O. 28 16" Water Main and Valve Delta $ 50,566.19 C.O. 29 Temporary Cold Patch Asphalt $ 28,263.62 C.O. 31 Trench Plates $ 44,316.00 C.O. 32 PS 17 Opening Traffic Lanes Prematurely $ 27,747.92 C.O. 33 Replace Electrical Meter Bases $ 1,678.00 Change Order Subtotal $ 221,615.21 Final Claim 8" Force Main Open Cut and Delay Claim $ 725,440.19 Total Amount of AESC Claims $ 947,055.40 Page 1 of 2 San Francisco, CA • San Diego, CA • Tempe, AZ • Chicago, IL • Dallas, TX • Houston, TX • Somerset, NJ • Boulder, CO Mr. Eric Charlonne April 18, 2003 Paee 2 The following are the Notices to Withhold which remain outstanding. Stop Notice Vendor Amount Date Sancon Engineering II Inc. $20,400.00 1/14/2003 P&F Distributors $12,675.08 12/3/2002 Pacific Coast Steel. Inc. $5,135.60 2/27/2003 A&A Ready Mix $2,895.56 11/27/2002 Robertson's $21,118.42 9/12/2002 Robertson's $3 5, 93 8.34 11 /6/2002 Associated Ready Mix $18,856.20 11/27/2002 Modernair $15,924.00 12/5/2003 S&J Supply Co. Inc. $24,161.53 1/22/2003 Atkinson Grading & Equip Rental Inc. $27,248.00 1/21/2003 Allied Steel Co., Inc. $50,084.50 9/26/2002 Hertz Equipment Rental $9,605.85 6/17/2002 Hub Construction Specialties, Inc. $15,794.91 6/7/2002 United Rentals $22,446.17 4/8/2003 United Rentals $12,126.26 4/8/2003 Total $294,410.42 To the best of my knowledge, these represent a full and complete listing of all remaining claims against the project. Sincerely, AES Construction Group Inc. l 2el�:L't'L Art Babcock Vice President Cc: TC8652 File Page 2 of 2 AESC City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CG io 46 i e i.1 Srw 0A L. �f S� 4;A -Z �ei►F,r.,,�► s /019 Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract- or training program provisions applicable to the wage rate paid. ems. S ign eture arid Title g:cc cashconI G 4.1 \ -,American Motorists Insurance Company nmPee. ENDORSEMENT Bond Number: 3SM 985 427 00 To be attached to and form a part of 3SM 985 427 00 Bond, issued by the undersigned company, as Surety on behalf of A.E. Schmidt Environmental. as Principal, in favor of the City of Huntington Beach as Obligee, Effective March 3, 2003, the Principal and the Surety hereby agree to amend the attached bond as follows: This endorsement is intended to fulfill the contract provision, at section 8 - page 5 of the contract, that requires the posting of a one year Maintenance Bond. If the Principal for a period of one year from March 3, 2003 shall replace any and all defects in said work resulting from defective materials or defective workmanship, pursuant to section 9 -pages 5 and 6 of the contract, then any obligation by the surety to perform said work is null and void.; otherwise to remain in full force and effect. All else remains the same. Provided that the liability under this endorsement shall be part of, and not in addition to, the liability under the attached Bond, and in no event shall be cumulative. Nothing herein contained shall vary, alter or extend any of the provisions, conditions, or other terms of this bond except as above stated. SIGNED, SEALED, DATED: April 17, 2003 A.E. SAunidt Environmental, (P ' cipal) By: City of Huntington Beach (Obligee) By: Obligee: Please sign endorsement and return to our office. By: Endorsement Number: 0001 APPROVE=TO M: JJ IFER McGRATH, City Attorney DIRECT CORRESPONDENCE TO: InLOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041 PHONE (323) 257-8291 • FAX (323) 256-7218 UA Rider - 08-25-99.dot Ct1I:IP0�ALI>�P�s; State of California County of Los Angeles On _ APR 1 7 20m before me, Regina Rangel, Notga Public NAME, TITLE OF OFFICER personally appeared Michael E. Cundiff NAME OF SIGNER Personally known to me --OR.- ❑ 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 ine:that he/she/they executed the same in his/her/their °zEINAIAM. RaI63EL authorized ca acit ies and that b his/her/their cowinn. #�asssss . m _ - - P - Y( ) � Y - -- . w o Notary Public -California 0 signature(s) on the instrument the person(s), or the entity. LOS ANGELES COUNTY ,+ - � - My Comm. Exp. July 16,1006 upon .behalf of which the persons) acted, executed the - instrument. WITNESS my hand and o seal. r4j (SIGNAT ARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑. TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES)_._ :. BOND(S) TITLE OR TYPE OF DOCUMENT NUMBER OR PAGES American Motorists Insurance CompanX -Lumbermen Mutual Casualty CompanX SIGNER -OTHER THAN NAME ABOVE - American Manufacturers Mutual Insurance Companv Lou Jones & Associates POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter. collectively referred to as the "Company") do hereby appoint Jorge Correa , Leah S. Cripe , Michael E. Cundiff , George Munana,Raymond E Gail , Susan E. Morales , Christina A. Clarkson , Lawrence W. Carlstrom and Angelica Bisordi of Los Angeles , CA (EACH) their true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings D(CEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the•Secretary;shail have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to -be valid and binding upon the Company." FK 09 75 (Ed. 09 01) Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals fo •be''"•4 affixed by their authorized officers, this October 23, 2002. Lumbermens Mutual Casualty Company Attested and Certified: American Motorists Insurance Company American Manufacturers Mutual. Insurance Company 00. rr, I L IA M 8 ccavoAAtl IOR, Ax RA ORA1gR 9 oh K. Conway, Corpor a Secretary Gary J. ly, &nior Vice Pre s' t STATE OF ILLINOIS SS. COUNTY OF LAKE SS I, Maria I. Omori, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary- act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. "OFFICIAL SEAL" MARIA I. OMORI NOTARY RMLIC; STATE OF ILLINOIS WCOMMISSION EXPIRES 9%17 2003 CERTIFICATION ?QJLcac ,�. 010 ram' Maria I. Omori, Notary Public My commission expires 9-17-03 I, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated October 23, 2002 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senior Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the -American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this day of APR .1_7 20M , 20 C�y 11 innr1 S A CORIOSATF .� AN ILLIROIR rIJviu W 7 66AL coxroRArlox (19 John K. onway, Corporate Mcretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Long Grove, IL 60049 FK 09 75 (Ed. 09 01) Page 2 of 2 Printed in U.S.A. American Motorists Insurance Company,,,�� Bond Ntimber=:.'_3SM 985 427 00 Uf ENDORSEMENT 1W 1AY - b P 2- 3 b To be attached to and form a part of 3SM 985 427 00 Bond, issued by the undersigned company, as Surety on behalf of A.E. Schmidt Environmental, as Principal, in favor of the City of Huntington Beach as Obligee, Effective March 3 2003, the Principal and the Surety hereby agree to amend the attached bond as follows: his endorsement is intended to fulfill the contract provision, at section 8 - page 5 of the -contract, that requires the posting of a one year Maintenance Bond If the Principal for a period of one year from March 3, 2003 shall replace any and all defects in said work resulting from defective materials or defective workmanship, pursuant to section 9 -pages 5 and 6 of the contract, then any obligation by the surety to perform said work is null and void.; otherwise to remain in full force and effect. All else remains the same. Provided that the liability under this endorsement shall be part of, and not in addition to, the liability under the attached Bond, and in no event shall be cumulative. Nothing herein contained shall vary, alter or extend any of the provisions, conditions, or other terms of this bond except as above stated. SIGNED, SEALED, DATED: April 17, 2003 A.E. S Aanidt Environmental, (Pri , cipal) By: y,.4 By: City of Huntington Beach (Obligee) By: Obligee: Please sign endorsement and return to our office. Endorsement Number: 0001 APPROVED S TO FORM: �/ IFER McGRATH, City Attorney InDIRECT CORRESPONDENCE TO: LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041 PHONE (323) 257-8291 . FAX (323) 256-7218 LJA Rider - 08-25-99.dot ..' •.. .. _. y CALIPORNIA.AALSSI,�PiTIb�SEDGMFNT�_. State of _ California C, OF County of Los Angeles 1,3E � Cu `t i C.4 c,� On _ APR before me, Regina Rangel, Not4i y fi-y' c°; P NAME, TITLE OF OFFICER personally appeared Michael E. Cundiff NAME OF SIGNER Personally known to me - OR - ❑ 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 u' F1;;�,4 a; ,_., , ;:',,, �4.• �,�,; M upon behalf of which the person(s) acted, executed the instrument. lee OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TTLE(S) - - ❑ PARTNER(S) ❑ LIMITED NUMBER OR PAGES ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company Lumbermens Mutual Casualty Coml2any SIGNER OTHER THAN NAME ABOVE American Manufacturers Mutual Insurance Company Lou Jones & Associates POWER OF ATTORNEY Know All Men By These Presents: ... L' l.i Tu OF 2003 HAY - b P 31 That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations. organized and existing under the laws of the State of Illinois, having their principal office in Long .Grove, Illinois (hereinafter collectively referred to as the "Company") do hereby appoint Jorge Correa , Leah S. Cripe , Michael E Cundiff , George Munana , Raymond E Gail , Susan E Morales , Christina A. Clarkson , Lawrence W. Carlstrom and Angelica Bisordi of Los Angeles , CA (EACH) t r r r r r r r r r r r r their true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond+ or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as If the same had been duly executed and acknowledged. by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary.shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." FK 09 75 (Ed. 09 01) Page 1 of 2 Printed in U.S.A. Xmprican Motorist. Insurance. Company, Kempen_ PREMIUM BASED ON FINAL CONTRACT PRICE Bond Number : 3SM 985 427 00 Premium : S31,376.00 PUBLIC WORKS w PERFORMANCE BOND 7-- MOW ALL MEN BY THESE PRESENTS: That we, A.E. Schmidt En»ronmental as Principal, and;; and «ill more fully appear in contract, reference to which is bereby: niade vid Z. Note, Attomeyln Fir • -,nr- _ r 1. P wit;• ® DIRECT CORRESPONDENCE TO LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041 PHONE (323) 257 8291 - FAX (323) 256-7218 tb"ic l{ orks Pcrfannancc Bond - 11-02ARdni CgLtFO04W., LL PURPOSE ACKNOWLED. CEMENT, d '' r. State of California d County of Los Angeles o On October 23, 2000 before me, Paula Burns, Notary Public ,'- personally appeared Art Babcock T' N Personally known to me - OR - ❑ PAULA L BURNS Commission # 1241013 Notary Public . Caliifomia Los Angeles County MyCarnm. 6Pires Nov 6, 2003 sU proved to me on the basis of satisfactdry 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES-mi hand and offfcial seal. Optional Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. Descrlption of Attached Document Title or Type of Document: Performancet Bond Document Date: October 23, 2000 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Art Babcock ❑ Individual N Corporate Officer Title(s) Vice President ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑; Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: AES Construction Group. Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: S r C-; 01NI .................. �i* State of California County of Us Angelo OCT 2 3 2000 f7) On before me, A. MkndM Nolaa-Pwb NAME, THE OF OFFICER personally appeared David Z. Noddle T7== NAME OF SIGNER Personally known to me - OR - C3 proved to me on the basis of satisfactory evidence L,1 to be the person(s) whose name(s) is/are subscribed'Co the within instrument and -acknowledged to me that he/she/they'executid 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 s. ;k:MELEKDEZ- - 30mM. #1256236 mstrum t. 4TARY PUBUG - CAUfORNIA - S S LOS kNGELF-6 r-WNTY WITN 2 12004 0 C eal. My Comm. Exp1res March 10 11 il A A OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document'and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT 13 INDIVIDUAL BOND(S) 13 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TTLE(S) C3 PARTNER(S) 0 LIMITED NUMBER OR PAGES 13 GENERAL ATTORNEY -IN -FACT � TRUSTEES) 13 GUARDIAN/ CONSERVATOR ❑ OTHER. DATE OF DOCUMENT SIGNER IS REPRESENTING: NA -ME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Corn lalmhumeng Muwal Clsualty Compmv SIGNER OTHER THAN NAME ABOVE American MauufacCurers Mutual Imurance Cornpany Lpu Jones & Associates American Motoris.s Insurance Company Irwrelt Bond Number: 3SM 985 427 00 PUBLIC WORKS PAYMENT BOND CZZ) KNOW ALL MEN BY THESE PRESENTS: That we, A.E. Schmidt Environmental as Principal, and AMR16-N MOTORISTS INSURANCE COMPANY, an Illinois Corporation authorized to transact Surety Business in the Stateef California as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of Two Millon Ninetv One Thousand Seven Hundred Fifty and No/100ths DOLLARS (S2,091,750.00) lawful money of the United Statesrof America, for the payment whereof; well and truly to be made,mve hereby bind ourselves, our heirs, executors, administratom,! successors, and assigns, qWlyApd severally, ,ariAly,by,these presents,:.:....:.:: ...... A .. .............. ..... ........ .. ...... ........ . ... . ... .. .. .. ....... .. . ............. . ..... .......... I ...... ...... WHEREAS, th6ibove bounded Prifid dlaAi6 contract ihta�i0d6bii�'!2000, with said ..................... . ................. ?rr . ....... . .... ........... .......... . .... ... ....... M. Obligee to do an&�erfbrrri the folloWW"V.0" ........ ...... .... . . . .................. . Construction of.Sewer Lift Stations Niiinb (CC 46%-and Nu6i6ii!7;4cC-4-061!:" ... ss.; .... ....... . .......... ............. ... . . .... .... . .... ...... ........... ... f, ........... ....... Much` as will more fhll�::�ppear in said cont:r:a:c:t!:.: .... .... ...... .. ....... . ...................... . ........................... WHEREAS, saia�-xmcipal is required :V:j&f ..Chapter .. ... . - 7. Title4. iDivision 3 of the Civilsh a �code to filmi bond in connection with said contract, . ... ... . ..... .... ......... .... .. ..... NOW, THEREFORE, THE C0NDIT!.0.R...:0V'TR.:'08LIGAlloN, is -such; .hatI:.: .i.f. said Principal, his or its: heirs, executors,. . ......... .. ... ........... administrators, giacessors or assigns 6r:sub;.c'on'tr"ac"to'r's:.::shall fail to 'pay fbT..:afiy': materials, provisions, provender, iovender, or other :: .. ....... ..... .:... supplies or team;.,"implements or machinery used in, upon, for or about1h6'p.6 riiiiint ... 10 e.6f the work contracted to be done, or for any work orlibor thereon of any kind, or for amounts due under the::Unem . pl;q:y!ii ent: Insurance Act with: respect to such :-Y work or labor, as:ie provided that the quired by the provisions of Chapter 7,.Title 15, Part.4,-:Division . of the Civil Code, and pr claimant shall have complied with the provisions of said Code, or for any:amount.s:t . e . quir . ed to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Principal and his subcontractors pursuant to Section 18806 of the Revenlie'aild Taxation Code, vith respect to such work and labor, #e-Surety hereon will pay for the same in an amount not exceeding the: sum specified in this. bond, otherwise. the above obligitioh�6all;'be void. In case suit is brought upon this bond, the said Sur6tyi�.ill po a. reasonable attomeya..15.66 lo. be fixed by the court. This bond shall inure to. the benefit of any and all persons, companies and corporations entitled to file clairris Under Section 3181 of the Civil Code; so as to give a right of action to them or their assigns in any suit brought upon the bond. SIGNED, SEALED, DATED.* October 23,2000 A.E. Schmidt Enviromnental:.. By: (Principal) 71 D City By A-411-tc,;7►---- -I C—_ 1-2- - 01 DIRECT CORRESPONDENCE TO: -1 LOU JONES & ASSOCIATES, PO BOX 41375,7470 N. FIGUEROA ST., LOS ANGELES. CA 90041 PHONE (323) 257-8291 v FAX (323) 256-7218 llbfic Nk'Orks PD3 -Ment Bond- 11 -02-99. dot µCAL1FORNIA ALL-PURPOSE ACKNO y EDGEMENT„__ State of California County of Los Angeles • s On October 23, 2000 before me, Paula Burns, Notary Public o personally appeared Art Babcock,- ® Personally known to me - OR - ❑ PALV. L BURNS Commission # 1241013 Notary Puc!ic - Collfam10 Los Angeles County W Comm. 6q�ires Nov 6, 200Ci Q- 7.1 CD proved to me on the basis of satisfactory evidence to be the person(s) who�,;e name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 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. WITNES2"m- kand a90 office seal. Optional Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. Description of Attached Document Title or Type of Document: Payment Bond Document Date: October 23, 2000 Number of. Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Art Babcock ❑ . Individual ® Corporate Officer Title(s) Vice President ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator El Other: Signer is Representing: AES Construction Group 1 Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner - []Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: .. ..... ... .. :.... .......�...... ... ...... ....:.. ..:yti•:,t:•:•:;vi:{,.;rvi:i>.:}i':iit::; r:.}r,.;} ....: ........ ...........:.; ......;; w.vn�v...vwvv v:v,.1.yv.�K �4x \7N;r�•:• ...t�. :.t..:::�•:., ...... :. . •. � .. I.�'�':>;:•:..:,:.:.•.�:,.,;,.;,.>....,......�,<•:{�::.,:t•::t;;•{:::><;>.;>:>::>� t .. :•..:: •:: :.::.: :.... t>'ir'•a`:Si2:•l`:.:.�:..a.,,,,.,:..r{.t,:..,,..a:::o-;`.,.rt::::¢::: r..: •.. .... .,... ..:. State of California County of Los Angeles ^r OCT 23200 :.z On 0 before me, A. Melende7 Notary ►Pub.&,- NAME.7tME OF OFFICER personally appeared David Z.'Noddle NAME OF SIGNER Personally known to me - OR - ❑ 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 thatcc, 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 �oweooeoeooeeeeeeese000vooeoo upon behalf of which the person(s) acted, executed the A. MELENDF2 instrument. i-OMM. #1256236 `... 2 R - IOTARYPUBLIC - CALIFORNA S WITH m do al seal. LOS ANGELES COUNTY 2 r o eoee.ee'eeeeeeY .'In. EVms MarmA 10, 2064 • eveeeOeee*DO000vo.eep (SI(rATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this fora. CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TTLE(S) ❑ PARTNER(S) ❑ LIMITED NUMBER OR PAGES ❑ • GENERAL ATTORNEY -IN -FACT ❑. TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT SIGNER OTHER THAN NAME ABOVE ICEMPER. G Manufacture Mutual'' office in Loh �l yy their true and lawful agent(s) and attomey(s)-in tact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Home Office: Long Grove, IL 600b9 POWER OF ATTORNEY Know Ail Men. By These Presents: That the Lumberrnens Mutual Casualty Company, the American Motorists Insurance Company, and the American Insurance Company, corporations organized and existing under the laws of the State of Ilinois, having their principal Illinois, (hereinafter collectively referred to as the "Company") do hereby appoint David Z. Noddle of Los Angeles, California Any and all bonds and undertakings EXCEPTION: NO ALrf}IORITY is ranted to_snak8,_exacutai,seeI_and--deUver-any bond or undertaking- which-gi irwaees'�the payment or_ coDoOdii of a _ romisac note, check, draft or letter of credit Mila-autbodty-doearsot pen k4he- sam9-ob%artIoff-WW-%PM-Md IN or more on n order to bring each such bond within the dollar limit of authority as set forth herein. ; This appointment may be revoked at any time by the Company. ` .: +.: r, v,N The execution of such bonds and undertakings in pursuance of these presents shalt be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in. Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001 This Power of Attorney Is executed by authority of resolutions adopted by the Executive Committees ' of the Boards of Directors of the Company on February 23,1988 at Chicago, Illinois, true and accurate copies of which -are hereinafter set forth and are hereby certified to by the undersigned Secretary as being In bill force and etiect: "VOTED, That the Chairman of the Board, -the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-tact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process' This Power of Attomey is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive :oinmittee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed vith the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile in any power of attomey or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 988 and any such powerso executed, sealed and certhled with respect to any bond or undertaking to which it Is attached, shall continue to a valid and binding upon the Company." i Testimony Whereof, the Company has caused this Instrument to be signed and their corporate seals to be affixed by their authorized officers, III; March 20, 2000. .tested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company ,�aUul y eP - Hsu •,+i �eovoiune�J�r �+ va Sir o �1�0jf oed� bent P. Homes., Secretary by J. S. Kemper, III, Exec,Vice President CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF. THE CITY OF HUNTINGTON BEACH DATE: November 9, 2000 TO: AES Construction Group ATTENTION: Tom Soper, President Name 8100 Balboa Place DEPARTMENT: Street _ Van Nuys, CA 91406 REGARDING: Construction Contract City, State, Zip cc-1060 & cc-1061 See Attached Action Agenda Item E-2 Date of Approval 10-16-00 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: dmw� 00�y- Connie Brockway City Clerk Attachments: Action Agenda Page X Agreement X Bonds X Insurance X RCA Deed Other CC: E. Charlonne DPW X x X bonds Name Department RCA Agreement Insurance Other S. Freidenrich Treas. X bonds Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name C. Mendoza Department RCA Agreement Insurance Other X X X Risk Management Dept. Insurance ( Telephone: 714536-5227 ) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND AES CONSTRUCTION GROUP FOR CONSTRUCTION OF SEWER LIFT STATION NO. 4 (CC-1060) AND SEWER LIFT STATION NO. 17 (CC-1061) TABLE OF CONTENTS Page No. 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHERS DOCUMENTS 13 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ATTORNEY'S FEES 15 32. ENTIRETY 15 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND AES CONSTRUCTION GROUP FOR CONSTRUCTION OF SEWER LIFT STATION NO. 4 (CC-1060) AND SEWER LIFT STATION NO. 17 (CC-1061) THIS AGREEMENT, made and entered into this 16thday of October 2000, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and AES CONSTRUCTION GROUP, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as construction of Sewer Lift Station No. 4 (CC-1060) and Sewer Lift Station No. 17 (CC-1061) 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: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own 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 assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description 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 00agree/ads const/9/20/00 shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 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 hereinafter defined), 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 investigation of all such matters and -is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California 00agree/aes const/9/20/00 2 chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Two Million Ninety One Thousand Seven Hundred Fifty Dollars ($2,091,750), 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 notice to proceed is issued and shall diligently prosecute PROJECT to completion 00agree/aes const/9/20/00 within two hundred seventy (270) working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the -PROJECT, in a manner:that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and. CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 00agree/aes const/9/20/00 4 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in. writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the 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 the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8.. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or 00agree/aes const/9/20/00 5 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 expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR• and its officers, agents and employees and all - business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500) per day for each and every working 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 losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said 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. 00agree/aes const/9/20/00 6 CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision.of the 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 waiting for materials required by this Agreement to be furnished to 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 nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 00agree/aes const/9/20/00 7 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from thoseordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the 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. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in,construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in 00agree/aes const/g/20/00 8 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, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW,.faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, 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. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit 00agree/aes const/10/4/00 9 therewith of securities equivalent to the amount of any monies withheld by CITY to ensure. performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work.contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of.California: 17. _ WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate.shaII _ constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, and 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 CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 00agree/aes consU9/20/00 10 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR'shall require all subcontractors to provide -such workers'. - compensation insurance for all of the subcontractors' -employees. - CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of 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 $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 $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be 00agree/aes const/10/4/00 I I applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the -work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state: that the policy is currently in force; . & . shall promise to provide that such policies will not be canceled or modified - without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: "The above -detailed coverage is not.subject to any deductible or self -insured retention, or any other form of similar -type limitation." 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 provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 006gree/aes const/9/20/00 12 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused 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 notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make -good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon 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. 24. NON -ASSIGNABILITY 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. 25. 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 California Government Code sections 1090 et seq. 00agree/aes consU10/4/00 13 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, 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. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a.regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to 00agree/aes const/9/20/00 14 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. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto,. set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. AES CONSTRUCTION GROUP, INC By: T m Sop sident AND By:, Dante Jumanan, Secretary REVIEWED AND APPROVED: Q� L- w10 City Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California K I - ---- ._ _. 1 ayor 7�— ATTEST: dor� City Clerk APPROVED AS TO FORM: .� City Attorney a -0 w `--"r° d J�� I (KITIATE AND APPRO ED: , Director of Public Works 00agree/aes const/9/20/00 15 SECTION C PROPOSAL for the Sewer Lift Station Improvements for Stations No. 4 & No.17 No. 4 PCH & 17th St. No. 17 — Near the Southwest Corner of Brookhurst St. and Effingham Dr. CASH CONTRACT No.1060 & 1061 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 270 working days including parts, equipment, and pipe delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is _based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. - BIDDER understands that a bid is required for. the entire work, that the estimated' quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for* a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. EXHIBI - a 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 propertyof the AGENCY and this bid and the acceptance hereof may,`at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bid Bond in the amount of $ 250,000 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (PIease insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case maybe). Bidder shall signify receipt of all Addenda here, if any: C.2 Prequalification Checklist to be completed by the General Contractor prior to the acceptance of the Caisson Subcontractor for Lift Station A. Required Compliance Items. Bidder Initials for acceptance The caisson contractor shall be a specialist in the construction of caissons utilizing concrete rectangular shaped caisson that are positioned to their final location by excavating the in -situ soils from the interior of the caisson. - - The caisson contractor shall have at least 5 years of continuous experience in the casting and placement of caissons. The caisson contractor shall have successfully completed construction activities as specified herein on a minimum of 5 concrete caissons The superintendent for the caisson contractor shall have a - minimum) of 4 years construction experience with caisson placement designs similar to the specified for Lift Station -A. - Superintendent's name,_ work history and telephone number shall be provided. Contractor agrees to provide a minimum of 5 project references meeting the experience criteria described herein, listing caisson owner, owner or engineer's contact person, address, telephone number and year of completion within 10 days after bid opening. Contractor agrees to provide a description and detailed photographs of the proposed equipment to be used to meet the caisson installation requirements, including quality control measures within 10 days after bid opening. Contractor agrees to provide the caisson contractor qualifications, including a company history, contact person, address and telephone number with 10 days after bid opening. The Contractor shall demonstrate the feasibility and constructability of their proposed construction approach with adequate submittals to qualify the detailed procedure within 10 days after bid 'opening. . Contractor shall demonstrate caisson lifting and placement, as well as excavation crane (clam shell) capacities, loading of adjacent surfaces within safe parameters and ability to achieve 'V adequate access within the restricted confines of the site prior to approval by the Agency to proceed with construction. C-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 and the portion of the work to be done by such subcontractor. . Portion of Work Name and Address of Subcontractor .. State License . Number Class /► M4x hit 774 041 70 ss 4u -Ie C� �-Z� 7,31 7 S tittrc 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 furnished by subcontractor"for this project. C4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County bf Orange Art Babcock being first duly sworn, deposes and says that he or she is Vice President of AFs rnnetriint-inn Croup— 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. . AES Construction Group Name of Bidder t Babcock Signature of Bidder Vice President 810 0 Balboa Place, Van Nuys, CA 91406 Address of Bidder Subscribed and sworn to before me this 31 day of July 2000 NOTARY PUBLIC Paula Burns PAULA L BURNS CarmnM n # 1241013 Notay Public : Calibmio tcs Angeles Cam1y MyC0rtm.6Vies Nov& 2T3 NOTARY SEAL C-5 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 Sewer Lift Station Improvements for Stations No. 4 & No.17 (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. Date: H AES Construction Group Contractor Babcock By Vice President Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, 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-7 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 I rovisions before commencing the performance of the work of this contract. AES Construction Group C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-227-2600 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U-SA. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER certifies that the following information is true and correct: AES Construction Group Bidder Name 8100 Balboa Place. - Business Address Van,,Nuys, CA 91406 City, State Zip (818 ) 786-4125 Telephone Number 760372 A, C10 State Contractor's License No. and Class 3/15/99 Original Date Issued 3/01 Expiration Date The work site was inspected by Mark LeRoy of our office on J �I� , 2000. The following are persons, firms, and corporations having a principal interest in this proposal: Art Babcock.. Tom Soper Dante Jtmianan C-10 Vice President President Secretary The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. AES Construction Group Signature of Bidder Art Babcock, Vice President Printed or Typed Signature Subscribed and sworn to before me this 31 day of July , 2000 . NOTARY PUBLIC Paula Burns NOTARY SEAL Listed below are the names, address and telephone numbers for four public agencies for which the bidder has performed similar work within the past two years. One of the four references must be from a high groundwater level caisson -method construction project and one from a horizontal directional drilling project: 1. Elsinore Valley Municipal Water District, .31315 Chaney St, Lake Elsinore CA 92531 Name and Address of Public Agency Name and Telephone No. of Project Manager: Phil Miller (909) 674-3146 Z►q 01- 1.4M Forced Sewer Main and pump station 7/00 Contract Amount Type_ of Work Date Completed 2. County of Los Angeles, 900 Freemont, Alhambra CA 91803 Name and Address of Public Agency Name and Telephone No. of Project Manager: "') wV Mike Ignatius (626) 458-4923 {-1' 2.2M Install Pump Station Wet wells.pipeline 7/00 Contract Amount Type of Work Date Completed 3. San Diego County Water Authority 610 W. 5th Ave, -Escondido CA 92025 Name and Address of Public Agency Name and Telephone No. of Project Manager. Nona Yang (760) 480-1991 1.3M Water Conveyance System including Pump Station Piping 8/00 Contract Amount Type of Work Date Completed C-11 4: City Of San Diego 1010,2nd Ave, San Diego CA 92101 Name and Address of Public Agency (� Z1-32� Name and Telephone No. of Project Manager. Percival Dininegracia (619) 533-3779 1M Construct wet wells for storm drain diversion 9/99 Contract Amount Type of Work Date Completed BID SCHEDULE for SEWER LIFT STATION IMPROVEMENTS -.LIFT STATIONS NO.4 AND NO.17 &MI M�y-e-9M00 on : �. - an nr m Fnce�? xPizc el M Lift Station "A" Mobilization "and demobilization shall 1. consist of preparatory work and operations, including, 1 LS* $ $ but not limited to, those necessary for the potholing of utilities as indicated on the Drawings; for the movement of personnel, equipment, supplies, and incidentals to the Project sites; for the establishment and closing of all offices, buildings, and other facilities necessary for work. on the Project, preparation of contract schedule, shop drawings, and other submittals; for surveying (except as -provided by AGENCY); for acquiring permits and payment of associated fees, for all other work and operations which must be performed or costs incurred prior to beginning and after completing work .on the various Contract items on the Project site; and all work required for or incidental to the satisfactory completion of the Items for which separate payment is not provided under other items in the Bid Form. Lift Station "A" Sheeting and shoring shall include all 2. labor, materials, and equipment necessary for temporary 1 LS $ � $ �1 db-d sheeting, shoring, and bracing or equivalent method, planning, design, engineering fees, . furnishing and constructing, and removal and disposal of such temporary sheeting, shoring, and bracing, as required, complete as necessary for the Work or as required under the provisions of any permits, and in accordance with the requirements of OSHA. Payment for temporary sheeting, shoring, and bracing or equivalent shall constitute full compensation for completion of all trench shoring and bracing and lift station piles, sheeting, shoring, and bracing as required to complete the Lift Station 'A" project, and all work required for or incidental to the satisfactory completion of the items for which separate payment is not provided under other items in the Bid Form. Lift Station "A" shall include all labor, tools and 3. equipment to construct the sewage lift station and 1 LS $ fd0� tw $ 5/jr, eav' appurtenances, including but not limited to demolition and modifications; excavation and backfill; dewatering and drainage; lift station structure; valve vault structure; , replacement of sidewalk, curb/gutter, driveway and street; submersible pumps; miscellaneous piping; flow meter; valves; ducting; miscellaneous metals; painting and coatings; miscellaneous electrical controls; instrumentation; switchgear, connection to new forcemain; cleanup and testing; coordination of work with others; and all appurtenant work to construct a submersible lift station and appurtenances, complete in C•13 • lace. Lift Station "A'. Forcemain shall include cutting existing 4. pavement; relocation of existing utilities if required; 2,165 LF $/ g o S y/// 35-0 dewatering and drainage; installation of the pipeline via directional drilling; disposal of excess. -removed materials and drilling fluids; costs incurred for use of public water supply; restoring . all existing physical features to grade, including pavement, curbs, gutters, sidewalks, driveways and any other surface restoration required by the drawings or Caltrans; cleaning and ' testing the pipe and all else incidental thereto for which. separate payment is not provided under other Items in the Bid Form. _. Lift Station "A" Traffic Control shall include 5. implementing traffic control procedures as required by 1 LS Caltrans. Payment shall be at the percentage lump sum of completed work and shall include all temporary striping, restopng, barricades, signs, cones, flagpersons, generators, trucks, permits and all else incidental thereto for which separate payment is not provided under other items on the Bid Form. Brookhurst/Effingham Lift Station Mobilization and 6. Demobilization shall consist of preparatory work and 1 LS' operations, including, but not limited to, those necessary —Sd, � L- d-v for the potholing of utilities as indicated on the p/Z Drawings, for the movement of personnel, equipment, supplies, and incidentals to the Project sites; for the establishment and closing of all offices, buildings; for surveying (except as provided by AGENCY), and other facilities necessary for work on the Project, preparation of contract schedule, shop drawings, and other submittals; for acquiring permits and payment of associated fees, for all other work and operations which must be .performed or costs incurred prior to beginning and after completing work on the various Contract items on the Project site; and all work required for or incidental to the satisfactory completion of the Items for which separate payment is not provided under other items in the Bid Form. Brookhurst/Effingham Lift Station Sheeting and Shoring 7. shall. include all . labor, materials, and . equipment 1 LS S 1.5-4 rad S} � e� necessary for temporary sheeting, shoring, and bracing or equivalent method, planning, design, engineering fees, furnishing and constructing, and removal and disposal of such temporary sheeting, shoring, and bracing, as required, complete as necessary for the Work or as required under the provisions of any permits, and in accordance with the requirements of OSHA. Payment for temporary sheeting, shoring, and bracing or equivalent shall constitute full compensation for completion of all trench shoring and bracing and lift station piles, sheeting, shoring, and bracing as required to complete the Brookhurst/Effingham Lift Station project, and all work required for or incidental to the satisfactory completion of the items for which separate payment is not provided under other items in the Bid Form. C-14 Brookhurst/Effingham Lift Station shall include all 8. labor, tools and equipment to construct the sewage lift 1 LS s� $ station and appurtenances, including but not limited to demolition and modifications; excavation and backfill; dewatering and drainage; lift station structure; 54— replacement of sidewalk, curb/gutter, and street; vertical vortex pumps; miscellaneous piping; flow meter, valves; ducting; miscellaneous metals; painting and coatings; miscellaneous electrical controls; instrumentation; switchgear; connection to existing forcemain; new ' forcemain; exit to manhole connection; cleanup and testing; coordination of. work with others; and all appurtenant work to construct a lift station and appurtenances, complete in place. Brookhurst/Effingham Lift Station Traffic Control shall 9, include implementing traffic control procedures as 1 LS S yo, a+y S 410 required by the City of Huntington Beach and shown on the Drawings. Payment shall be at the percentage lump sum of completed work and shall include all temporary striping, barricades, signs, cones, flagpersons, generators, trucks, permits and all else incidental thereto for which separate payment is not provided under other items on the Bid Form. Water Main Relocation shall include cutting existing 10. pavement; relocation of existing utilities; dewatering and 28 LF drainage; installation of the pipeline; disposal of excess removed' materials; costs incurred for use of public water supply; restoring all existing physical features to grade, including pavement, curbs, gutters, sidewalks, driveways and any other surface restoration; cleaning and testing the pipe and all else incidental thereto for which separate payment is not provided under other Items in the Bid Form. Traffic signal pull box relocation shall include removal 11. of existing traffic signal pull box; installation of the new LS f e-s-o • pull box; removal of approximately 1,500 LF of existing cable from the new pull box location to Hamilton Avenue; reinstallation of the cable; testing the cable and all else incidental thereto for which separate payment is not provided under other Items in the Bid Form. *Shall not exceed 2.5% of total bid. LS shall mean Lump Sum LF shall mean Lineal Feet Total Bid in Word lug Ilr,,, c2 �c TOTAL BID $4T1 END OF SECTION C-15 City of Huntington Beach Public Works Department 2000 Main Street Tel. V14) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER.CaNE For Sewer L ftft Station improvements- for Station No. 4 _& No. 17 CC-1060 & 1061 July 12, 2000 Notice To All Bidders: Please note the following modification to the Project Plans, Specifications, and Technical Provisions: The mandatory pre -bid meeting and site visit as noted in Section B "Instruction to Bidders" page B-5, subsection No. 23 Pre -Bid Meeting has been changed to Friday, July.21, 2000, 9:00 am. The meeting location does not change. This modification does not change the Engineer's Estimate or the Bid Opening date/time for this project. This is to acknowledge receipt and review of Addendum umber e, dated July 12, 2000. L AES Construction Group Vice Pres dent Company Name By 7/i 2/.06 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Steve Krieger at (714) 536-5259. Sent By: AES CONSTRUCTION; 760 606 1533; To: AESC At: 18187884106 Jul-31-00 11:43AM; Page 1/2 Sewer Lift Notice To All Bidders: Please note the following and Geotechnical Study: CdhiSTRUCTION .PLANS City of Huntington Beach Public works Department 2000 Main Street ^el. (714) 538-5431, Fax (714) 374-1573 NUMBER TWO For Improvements for Station o. 4 & N_o. 17 CC- '1060 &61 Sheet 9 (S-2) and 1 q (S-3): July 26, 2000 to the Project Plans, Specifications, Technical Provisions Replace Section 1 with the ttached Section 1. Note: Notice the removal of the horizontal line in the caisson at EL—29.79, there are no detailed provisions for cons ruction joints other than the seal slab and structural slab base keyed joints as indicated or the revised drawings. Section 02200, Pa 2. Delete the sentence The Agency or Engineer cut off at any specific ele% 3. Delete the sentence The right of the Agency or I shall* not be construed as permission, nor shall faiiu damages to persons or pro otherwise, growing out of excavation supports to pre% ph F- and replace with the following: permit that Certain excavation supports remain in place, or be and replace with the following: igineer to permit that certain excavation supports remain in place reating any obligation on the Agency or Engineer to give such to give such permission relieve the Contractor from liability for srty occurring from or upon the work occasioned by negligence or failure on the part of the Contractor to leave in place sufficient nt any movement of the ground or damage to adjacent structures. Sent By,: AES CONSTRUCTION; 760 806 1533; Jul-31-00 11:44AM; AbENDUM No. 2 CC-1060 and 1061 7/28100 Page 2 of 2 Section 16000, 1.0116 SERVICE AND METERING- Paragraph D- 1. Delete the sentence ntirely. 2. Delete the sentence entirely and replace with the following: Furnish all labor and materi I required for the electrical service. Paragraph F- Delete the sentence entirel and replace with the following: The Telephone Company s rving this project is GTE, GEOTECHNICAL STUDY Add Test Boring Log B-4 to Appendix A. This modification does not this project. This is to acknowledge rea AES Construction Company Name 7/26/00 Date All bidders must acknowlec Should you have any ques 536-5259. Page 2/2 nge the Engineer's Estimate or the Bid Opening dateltime for and review of Addendum z tw dated July 26, 2000. )up Art Babcock, Vice President By the receipt of this Addendum with your bid proposal. regarding this Addendum, please call Steve Krieger at (714) American Motorists Insurance Company ICemPeR Bond Number: 3SM 804 305 00 KNOW. ALL MEN BY THESE PRESENTS: That we, AES Construction Groun, as Principal, and the AMERICAN MOTORISTS INSURANCE COMPANY, a corporation organized and existing under the laws of the State of ILLINOIS, and authorized to do business in the State of California as Surety, are held and firmly bound unto City Of Huntington Beach as Obligee, in the sum of 10% of the total amount bid not to exceed Two Hundred Fifty Thousand and No/100 . ($250,000.00) DOLLARS, .lawful money of the United States of America, to the payment of which sum well and truly to be made,: the Principal and Surety bind themselves, and each of their heirs, executors, admiaistrators,,successors and assigns;jointly and severally by these presents. The condition of this obligation is such, that, if the Obligee shall make :any award to the Principal for: Construction and Rehabilitation sewaee:lift stations Bid Date: 08/01/2000 According to the terms of the proposal or bid made by the Principal: therefore and the Principal shall duly made and enter into a contract with the Obligee in accordance with the :terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with the :AMERICAN MOTORISTS INSURANCE COMPANY, as Surety or with other Surety or Sureties approved by -the. Obligee; or if the Principalshall, in case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond;_ then this obligation shall be null and void; otherwise it shall be and remain in MI force and effect. SIGNED, SEALED, DATED: July 31; 2000 SConstruction Group 'ncipal) By: By: tit! 1 L CITY: cY By: De y Attorney InDIRECT CORRESPONDENCE TO: LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041 PHONE (323) 257-8291 . FAX (323) 256-7218 Bid Bond -08-25-99.dot .. _.. :. ...., :..:.....,:...... CALIF ALY�P RNIA E . ...................... AEI ::.:.. State of California County of Los Angeles On jUL 3 1 2V before me, personally appeared David Z. Noddle NAME OF SIGNER 0 Personally known to me - OR - ❑ • A. MELENDEZ a R .OW #1256236 R -ARY PUBLIC - CALIFORNIA S i-OS ANGELES COUNly �M..N...NM.NNNNNM A. Melendery Notary Pub& NAME, TITLE OF OFFICER 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 o�jwhich the person(s) acted, executed the instrument. I official AR:Y) OPTIONAL Though the data below is not required by law, it may prove valuable .to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TTLE(S) ❑ PARTNER(S) ❑ LIMITED NUMBER OR PAGES ❑ GENERAL ® ATTORNEY IN -FACT ❑ TRUSTEEM ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER OTHER THAN NAME ABOVE ICena��ra. Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the 'Company) do hereby appoint David Z. Noddle of Los Angeles, California ** their true and lawful agent(s) and attomey(s)41`14= . to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY Is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit This authority does not permit the same ob0gatlon to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the -said. Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected offioerttiatsheicprincipal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001 This Power of Attorney Is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23,1gas at Chicago, Illinois, true and accurate copies of .which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being In full force and effect 'VOTED, That the Chairman of the Board, -the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on . behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and, other writings, obligatory In the naturethereof, and any such officers of the Company may appoint agents for acceptance of process' This Power of Attorney is signed, sealed and certified. by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications . by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1968 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon. the Company.' In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this March 20, 2000. Attested and Certified: dw_ Robert P. Harries. Secretary ,,.L by Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company �.� S X�p �►. � J. S. Kemper, III, Exec.Vice President STATE OF ILLINOIS SS COUNTY OF LAKE I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, Ill and Robert P. Harries personally known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the Lumbermen Mutual Casualty Company, the A ner{can Motorists Insurance Company, and the American Manufacturers Mutual insurance Company, Corporations organized and existing under the laws of the State of Imnois, subscribed to the foregoing Instrument, appeared before me this day In person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary ads for the uses and purposes therein set forth. My Commission expires 1-28-02 AAAAAAAAAAAAA 4 'OFFlCIAL SM" ► t Iran Iuawer ► Notary rualo, alas• of Ignals ► f tarcommer Nax"dartMam 00 VVVVVVVVVVVVV Irene Klewer, Notary Public CERTIFICATION 1, J.K. Conway, Corporate Secretary of the Lumbermen Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated March 20. 2000 on behalf of the perso(s) as listed above is a true and correct copy and that the same has been In full force and effect since the date thereof and is in full force and e8act on the date of this cedgic to; and I do further certify that the said J. S. Kemper, of and Robert P. Harries, who executed the Power of Attorney as Executive Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Executive Vice President and Secretary of the Lumbermen Mutual Casualty Company, the American Motorists Insurance Company, and the American' Manufacturers Mutuat insurance Comparry. = IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens'Mutual Casuaity.Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on 4 u."woa J. K Conway, Corporate Secretary This Power dAttomey limb the ads of those named therein to'the bonds `arid undertakings spectHcally named therein and they have no authority to bind the Company except in'the manner and to the extent herein stated. FK 0382 6.96 Power of Attorney - Term Printed in U.SA CAUFOR.N�.I.. .L_OE W,r State of California County of Los Angeles On July'31, 2000 before me, Paula Burns, Notary Public personally appeared Art Babcock ® Personally known to me - OR - ❑ PAULA L BURNS Commission # 1241013 Notary Public - Calllomic Los Angeles County i - %MyComr,1-E%PkmNcY6,20MF 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the p/ep�n(s) acted, executed the instrument. r" Optiona Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. Description of Attached Document Title or Type of Document: Bid Bond Document Date: July 31, 2000 Number of Pages: 1 Signer(s) Other Than Named Above: David Noddle Capacity(ies) Claimed by Signer(s) Signer's Name: Art Babcock ❑ Individual ® Corporate Officer Title(s) Vice President ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: AES Construction Group Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: :MIS MRTIP /1(QD1ta11,�� Bud&InsSv � :aN�r--.a�ro•: 301 E. Colorado Blvd., #'301 _ HOLDER.,;TH Pasadena CA 91101 ALTER THE:' KANCE oA��rM,oa,m 10/16/00 IS ISSUED AS A MATTER OF INFORMATION R$1. NO RIGHTS UPON THE CERTIFICATE RTIFICATE DOES NOT AMEND, EXTEND OR 1AGE 'AFFORDED BY THE POLICIES 9E10W. 626 795 - 75 75 INSURERS;AFFORDING COVERAGE INSURED v L INSURERA COTnmer•ce & Indust - AES Construction GroupC 1 CI �J I�._ ,INSUREq B,State ComRensation Ins Fund - Cal 8100 Balboa Place 6'a' •IN&uRERb;AIIleYlCdn Intl Specialty Lines Ins AFV .INSURER D: 'F• Van Nuys, CA 91406 r_0VFROGFI; THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT. WITH -RESPECT TO -WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 'IS, SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONSITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS." -MPSOFINSURANCE POLICYNUMBER DAPOLICY FFED'P OLIOY IR 71DN LIMITS A GENERAL LIABILITY :.:.: , 4177733 10'/O1/ .' '10/O1/01 EAQHOCCURRENCE $5 000 �OO COMMERCIAL GENERAL LIABILITY 1 FIRE DAMAGE (Any one IIre) 55 0 , 000 CLAIMS MADE OCCUR r MED EXP (Any one person) _ 15 Q 0 O X$I PD:•Ded:10000 IPERSONALBADVINJURY,SS,000,OOO _ ... _ GENERAL AGGREGATE _...._ _.....s5, 000. 000 35 OOO 1 GOO GENLAGGREGATELIMITAPMESPER I PRODUCTS-COMP/OPAGG POLioYF7 2OiLOC pj AUTOMOBILE LIABILITY CA7666306 10/01/00 "10/01/01 COMBINEDSINGLELIMIT 55,000,000 UTO ) _ BODILY INJURY _ $ ALL OWNED AUTOS SCHEDULED AUTOS (Perperaon) X BODILY INJURYS (Peraeeldent) HIRED AUTOS ` " 1 X NON -OWNED AUTOS —. '_ s ILO it?0 PROPERTY DAMAGE S T T( ,d A -T ( Peraeeldenl) GARAGE LIABILITY y AUTOONLY-EAACCIDENT S - ANY AUTO I -' OTHER THAN ._ . AUTO ONLY: AGO ! MMEBS LIABILITY - V rn ; EACH OCCURRENCE OCCUR �.� CLAIMS MADEr7 u I AGGREGATE _ �- ._..... . ! -- EDUCTIBLE ii ` NSUF(E!) ).'4.11r�!-_ S S RETENTION S _..._ .. _...... _._........... ...... . _.,..; : .. B WORKERS COMPENSATION AND 0441431800 ,. 10 / O 1 % O O 1 O / O 1 / O 1 OT X TY LTIMITS .._..Ig ...._ _........ ... ... EMPLOYERS' LIABILITY ;_ E.L. EACH ACCIDENT _ SZ �O O , O O O Y' r E.L.DISEASE-EAEMPLOYEE $1 0 0 O, 0 0 O E.L. DISEASE -POLICY LIMI 51 000 000 _. _ _.... ,._.. _....... - C OTHER Prof essional 2677738 �10/0=1/00"1.0/01/ol-% $1,000,000 Each Occ and Pollution $1,000,000 Aggregate iabilit `='`` 50 000 Deductible DESCRIPnON DP OPERATIONSILOCATIONSIVEHICLEGn=LUS►ONSAbDED BY ENDORSEMENT/SPECIAL PROVISIONG RE: Sewer Lift Station Projects CC-1060 and CC-1061. (�LaTIFI[:ATC 11ULI�CR h At]UIIIUnNLln3un�u tnw+ncfi`cl,cn .� .--•-•------- •—•- SHOULo ANYOFTMEA9oVE DESCRIBED POUCIES B9 0ANCELLED BEFORE THE EIPIRATION DATETHEREOF,7N9IS6UINGINSURERWIL�AIL�O.OAYSWRITTEN City .of Huntington Beach, its. Agents, Officers and Employees, ' NOTICETOTHE CERnFICATEHOLDER NAMED TOTHELEFf.'4ODCX 2000 Maim Street Huntington Beach, CA 92648 AUTOO FUZEDREPRESS ATIVE- - r ACORD25-S(7197)1 of 2 #S121363/Mi1984,2 CML v ACORD CORPORATION 1998 £0/ZO 39Vd 317IdlI90N-9N08iSWdG - 99069MZ9 bb:ET 000Z/EZ/OT Yi►IUf/�ll�417773.E COMMERCIAL GENERAL �- - - ERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSU•RED.6;=OWN;ERS LESSEESS or CONTRACTORS _ wo ' B] This endorsement modifies insurance "provided under the following: ' COMMERCIAL GENERAL LIABILITY" COVERAGE:PART.: -- - SCHEDULE Name of Person or Organization:.. " City of Huntington Beach, its - Agents, Officers and Employees 2000 Main Street Huntington Beach, CA 926.46 (If no entry appears above, information required to complete -this endorsement will be shown in the Declarations r as applicable to this endorsement.}: WHO IS AN INSURED (Section II)-.isamend"ed:to include as an !6ured:theIperson or organization shown in the Schedule, but only with respect to liability arising out of 'your work, for that insured by or for you. RE: Sewer Lift Station" Pro'j,ect:s -CC -106-0';...and -CC-1061 CITY OF HUNTINGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION I . Name/Title/Department of Requesting Staff Member iffOf 71 Z. Date of Request 3. Narne of Contractor/Termirtee_ & I✓S Description of work to be performed �c t2 _T )LA AA S - G6 5. Va!ue of Contract ocl I coo 6. Length of Contract 7. Type of Insurance Waiver or Modification Requested: -Ag'!9 �� VSl � 1 `7 (a) Limits: (b) Coverage 8 0 Have you contacted Risk Management to determine if professional liability coverage is available through Reason for Request for Waiver or Reduct 10 identify the risks to the City if this request for waiver or modifications granted N U/11-e n Department Head Signature (This section to be completed by Risk Manager) Recommendation: Approve Deny I Risk Manager's Signature/Date Recommendation: Approve j City Artorney's Signature/Da M (This section to be completed by City Attorney) Deny Z / Cr Settlement Committee approval (is oQo fired for this waiver. If Settlement Committee approval is required, submit this form to CityArtorney's placed on the agenda. Recommendation: Approve Deny Cary Council approval (is el for this waiver. If Ciry Council approval is required, attach this form to the RCA after consideration the Sett ment ommittee. This insurance waiver (is not) on City Council agenda. Reviewer's initials: jrip/mis/inswaiver/3/14/00 American Motorists Insurance Company ICemPBR. PREMIUM BASED ON FINAL CONTRACT PRICE Bond Number: 3SM 985 427 00 Premium : $31,376.00 PUBLIC WORKS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, A.E. Schmidt Environmental as Principal, and CAI B DIRECT CORRESPONDENCE TO: In LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041 PHONE (323) 257-8291 • FAX (323) 256-7218 FLIMIC \i'orke Pztfonnancc Bond - 11-02-98dot CALIFORNIA ALL ,PURPOSE ACKNOWLEDGEMENT =£� �5 State of California County of Los Angeles On October 23, 2000 before me, Paula Burns, Notary Public personally appeared Art Babcock ® Personally known to me - OR - ❑ PAULA L BURNS hl Commission # 1241073 Notary Public - California y Las Angeles Couniy My Comm.ExPires Nov 6, 2003 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS-mi hand and offitial seal. SURE Optional Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. Description of Attached Document Title or Type of Document: Performancet Bond Document Date: October 23, 2000 Number of Pages: 1 Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Art Babcock Signer's Name: ❑ Individual ❑ Individual ® Corporate Officer ❑ Corporate Officer Title(s) Vice President Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ At ❑ Attorney -in -Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: AES Construction Group RNIA ALL;P < E: >.<>::> ;::::: G E7, , URP4S CBI O-WM.G.:A EN-T : State of California County of Los Angeles On OCT 2 3 2000 before me, A. MelendeZ Naga Puhlic, NAME, TITLE OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER Personally known to me - OR - ❑ 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 eeeB��e1Wr"�meOeeeaeeee _- up on behalf of which the person(s) acted, executed the � .. h.. MELENDEZ-.....--- ..__._... .. _.. _ .. _ ,.r�: tnstrum t. R COMM. #1256236 •OTAFY PUBLIC - CALIFNNIA S LOS ANGELES COUNTY. March 10, 2004 ; ( r nd /d1 offici sepal. j e MY Comm. Expires\ I 1 11 A /1 ie9ooes•oeseeoo•os•o•000e•o•e••0.1•e• - OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BOND(S) TITLE OR TYPE OF DOCUMENT TTLE(S) -------------------- ❑ PARTNER(S) ❑ LIMITED NUMBER OR PAGES ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEES) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company Lumbermens Mutual Casualty Compan American u. ..1 t * V 4... ltsumcce •ff•..1 DATE OF DOCUMENT SIGNER OTHER THAN NAME ABOVE American Motorists Insurance Company KhmpeR Bond Number: 3SM 985 427 00 PUBLIC WORKS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we, A.E. Schmidt Environmental as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY, an Illinois Corporation authorized to transact Surety Business in the State of California, as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of Two Million Ninety One Thousand Seven Hundred Fifty and No/100ths DOLLARS ($2,091,750.00) lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly: and. severally,.firmly:by these presents .... ..... . WHEREAS, the.above bounded Prtncipat has been awarded and fias entered into a contract, dated: October.3000, with said Obligee to do and ;perform the following work, to ;wit Construction of Sewer Lift Stations Number:4:(CC=1060) and Number 17.(CC-44061 .. .... . as will more fully.appear in said contract .referenced which is hereby made and By: M TY A: _ D Cit yy In DIRECT CORRESPONDENCE TO: LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041 PHONE (323) 257-8291 • FAX (323) 256-7218 rublic works Pavrnent Bond - 11-02-98.dot State of California County of Los Angeles On October 23, 2000 personally appeared before me, Paula Burns, Notary Public Art Babcock ® Personally known to me - OR - ❑ P,%uLA L. BURNS a Cann ;:ssion # 12410113 Z No'ar/ Public - Califomia Los Angeles County tvly Comm. Expirct Nov 6, 2003 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN TURE officA seal. Optional Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. Description of Attached Document Title or Type of Document: Payment Bond Document Date: October 23, 2000 Number of. Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Art Babcock ❑ Individual ® Corporate Officer Title(s) Vice President Partner - ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: AES Construction Group Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): Partner - ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: 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. CALIF RNLI OSE: E. D 4 AL>GPURP ACK3`f... 1.GliE ::;:.... State of California County of Los Angeles On 2 3 2000 before me', A. Mel n e Nota Public NAME, TITLE OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER E Personally known to me - OR - ❑ e0000000eooeoee�+ee000000eoe00000soee� A. MELENDEZ 'L�MM. #1256236 - a R IOTARY PUBLIC - CALIFORNIA zLOS ANGELES COUNTY S My Comm. E�x,,p,,i� y ea6ee•OeeeeO eeee0000 p'j�j 00_2 pe0 p � OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this foam. CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TTLE(S) ---- ---------------- ❑ PARTNER(S) ❑ LIMITED NUMBER OR PAGES ❑ GENERAL ATTORNEY -IN -FACT ❑. TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance a! • • .n Lumbermens Mutual . • Company SIGNER OTHER THAN NAME ABOVE JonesAmerican Manufacturers Mutual Insurance Company Lou Associates IMEMPER. Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the "Company") do hereby appoint David Z. Noddle of Los Angeles, Califomia *—*'— their true and lawful agent(s) and attomey(s)-in-fad, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on Its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY b granted to- make,- bond or undertaking -which -"guarantees the payment or - - -- -- - - coUecxiori-of;any promissory note, check, draft or letter of credit. _ r.,._ _ ' hj&.authodty.does not pe m#4he same-obligation-to-bff'spiit-W Tito or more n s n order to bring"each such bond within the dollar iimk of authority as set forth herein. This appointment may be revoked at anytime by the Company. i r The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office In. Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, '2001 This Power of Attorney is executed by�authority of resolutions adopted by the Executive Commktees ' of the Boards of Directors of the Company. on February 23, 1988 at Chicago, Illinois, true and accurate copies of which -are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full. force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on . behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duty called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated In writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attomey or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Company has caused this Instrument to be signed and their corporate seals to be affixed by their authorized officers, this March 20, 2000. Attested and Certified: rowan �+a Md 4t Ct 1 d� CORaltlt! >r .� u.iW�on J � A Robert P. Harries, Secretary by Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company P-- S = J. S. Kemper, III, Exec.Vice President r_r.�cr CA P �t v AES Construction Group 8100 Balboa Place Van Nuys, California 91406 (818) 786-4125 FAX (818) 786-4106 City Clerk City of Huntington Beach Second Floor City Hall 2000 Main Street Huntington Beach, CA Cash Contract Nos. 1060 & 1061 To be opened 811100 2: 00pm I SECTION C PROPOSAL for the Sewer Lift Station Improvements for Stations No. 4 & No.17 No. 4 - PCH & 17th St. No. 17 — Near the Southwest Corner of Brookhurst St. and Effingham Dr. CASH CONTRACT No. 1060 & 1061 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and. agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in -accordance with the plans and specifications on file in . the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 270 working days including parts, equipment, and pipe delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the; following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for- a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in ' executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bid Bond in the amount of $ 250, 000 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 Prequalification Checklist to be completed by the General Contractor prior to the acceptance of the Caisson Subcontractor for Lift Station A. Required Compliance Items Bidder Initials for acceptance The caisson contractor shall be a specialist in the construction of caissons utilizing concrete rectangular shaped caisson. that are positioned to their final location by excavating the in -situ soils from the interior of the caisson. The caisson contractor shall have at least 5 years of continuous Q experience in the casting and placement of caissons. % The caisson contractor shall have successfully completed construction activities as specified herein on a minimum of 5 concrete caissons. The superintendent for the caisson contractor shall have a minimum, of 4 years construction experience with caisson placement designs similar to the specified for Lift StationA. Superintendent's name, work history and telephone number.�/� shall be provided. Contractor agrees to provide a minimum of 5 project references meeting the experience criteria described herein, listing caisson owner, owner or engineer's contact person, address, telephone number and year of completion within 10 days after bid opening. Contractor agrees to provide a description and detailed photographs of the proposed equipment to be used to meet the caisson installation requirements, including quality control measures within 10 days after bid opening. .Contractor agrees to provide the caisson contractor qualifications, including a company history, contact person, address and telephone number with 10 days after bid opening. The Contractor shall demonstrate the feasibility and constructability of their proposed construction approach with adequate submittals to qualify the detailed procedure within 10 �L1a days after bid opening. Contractor shall demonstrate caisson lifting and placement, as well as excavation crane (clam shell) -capacities, loading of adjacent surfaces within safe parameters and ability to achieve adequate access within the restricted confines of the site prior to approval by the Agency to proceed with construction. C-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.and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor : State License . Number Class 774, Qan1��- ,t� � 6 2 041 baJ4� VA/e g- 7J_ A ,�.Cr•Ii7-�1 70 2 �'�� sd� • � c o F C 3Z Coll,. 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. Ca NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County bf Orange Art Babcock , being first duly sworn, deposes and -says that he or she is Vice President - of AF.S C-nnGtriirt i nn rrnup 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. AES Construction Group Name of Bidder t Babcock Signature of Bidder Vice President 8100 Balboa Place, Van -Nuys, CA 91406 Address of Bidder Subscribed and sworn to before me this 31 day of July 2000 NOTARY PUBLIC Paula Burns j Pi ULA L BURNS Commission # 1241013 Notcry Public = cailtomio LW Angeles county W Comm. gQVw Nov 6, 2003 NOTARY SEAL C-5 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 Sewer Lift Station Improvements for Stations No. 4 & No.17 (n(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. a Date: : 7/�3d AES Construction Group Contractor t Babcock By Vice President Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, 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? C] Yes b 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-7 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. Date: 7/31 /00 AES Construction Group Contractor z, &L,/".t Babcock By Vice President Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-227-2600 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identf`ication Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER certifies that the following information is true and correct: AES Construction Group Bidder Name 8100 Balboa Place - Business Address Van ;, Vuys, CA 91406 City, State Zip (818 ) 786-4125 Telephone Number 760372 A, C10 State Contractor's License No. and Class 3/15/99 Original Date Issued 3/01 Expiration Date The work site was inspected by Mark LeRoy of our office on J , 2000. The following are persons, firms, and corporations having a principal interest in this proposal: Art Babcock. Tom Soper Dante Jumanan C-10 Vice President President Secretary The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. AES Construction Group Signature of Bidder Art Babcock, Vice President Printed or Typed Signature Subscribed and sworn to before me this 31 day of July 92000 . NOTARY PUBLIC Paula Burns NOTARYSEAL Listed below are the names, address and telephone numbers for four public agencies for which the bidder has performed similar work within the past two years. One of the four references must be from a high groundwater level caisson -method construction project and one from a horizontal. directional drilling project: 1. Elsinore Valley Municipal Water District, .31315-Chaney St, Lake Elsinore CA 92531 Name and Address of Public Agency Name and Telephone No. of Project Manager: Phil Miller (909) 674-3146 � ,11 o k- 1.4M Forced Sewer Main and pump station 7/00 Contract Amount Type of Work Date Completed 2. County of Los Angeles, 900 Freemont, Alhambra.CA 91803 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mike Ignatius (626) 458-4923 2.2M Install Pump Station Wet wells -pipeline 7/00 Contract Amount Type of Work Date Completed 3. San Diego County Water Authority 610 W. 5th Ave, -Escondido CA 92025 Name and Address of Public Agency Name and Telephone No. of Project Manager: Nona Yang (760) 480-1991 1.3M Water Conveyance System including Pump Station Piping 8/00 Contract Amount Type of Work Date Completed C-i l 4.: City Of Sari Diego 1010,2nd_Ave, San_Diego=CA 92101 a - Name and Address of Public Agency � Z� 326 Name and Telephone No. of Project Manager: Percival Dininegracia (619) 533-3779j 1M Construct wet wells for storm drain diversion 9/99 Contract Amount Type of Work Date Completed C-12 BID SCHEDULE. for SEWER LIFT STATION IMPROVEMENTS — LIFT STATIONS NO.4 AND NO.17 ag F xtend� T trT .x�. , en on f" ycrg _ . .and Uni TEo �r.P�nc Lift Station "A" Mobilization and demobilization shall I. consist of preparatory work and operations, including, I LS* $ $— but not limited to, those necessary for the potholing of sue, utilities as indicated on the Drawings; for the movement of personnel, equipment, supplies, and incidentals to the Project sites; for the establishment and closing of all offices, buildings, and other facilities necessary for work on the Project, preparation of contract schedule, shop drawings, and other submittals; for surveying (except as -provided . by AGENCY); for acquiring permits and payment of associated fees, for all other work and operations which must be performed or costs incurred prior to beginning and after completing work on the various Contract items on the Project site; and all work required for or incidental to the satisfactory completion of the Items for which separate payment is not provided under other items in the Bid Form. Lift Station "A" Sheeting and shoring shall include all 2. labor, materials, and equipment necessary for temporary I LS $ 8V F-" r $ of d d � sheeting, shoring, and bracing or equivalent method, planning, design, engineering fees, furnishing and constructing, and removal and disposal of such temporary sheeting, shoring, and bracing, as required, complete as necessary for the Work or as required under the provisions of any permits, and in accordance with the requirements of OSHA. Payment for temporary sheeting, shoring, and bracing or equivalent shall constitute full compensation for completion of all trench shoring and bracing and lift station piles, sheeting, shoring, and bracing as required to complete the Lift Station "A" project, and all work required for or incidental to the satisfactory completion of the items for which separate payment is not provided under other items in the Bid Form. Lift Station "A" shall include all labor, tools and 3. equipment to construct the sewage lift station and 1 LS $ yfalo $ `%. gay' appurtenances, including but not limited to demolition and modifications; excavation and backfill; dewatering and drainage; lift station structure; valve vault structure; replacement of sidewalk, curb/gutter; driveway and street; submersible pumps; miscellaneous piping; flow meter; valves; ducting; miscellaneous metals; painting and coatings; miscellaneous electrical controls; instrumentation; switchgear; connection to new forcemain; cleanup and testing; coordination of work with others; and all appurtenant work to construct a submersible lift station and appurtenances, complete in C.13 • lace. Lift Station "A". Forcemain shall include cutting existing 4. pavement; relocation of existing utilities if required; 2,165 LF $ �,d "' $ dewatering and drainage; installation of the pipeline via directional drilling; disposal of excess removed materials and drilling fluids; costs incurred for use of public water supply; restoring all existing physical features to grade, including pavement, curbs, gutters, sidewalks, driveways and any other surface restoration required by the drawings or Caltrans; cleaning and testing the pipe and all else incidental thereto for which separate payment is not provided under other Items in the Bid Form. Lift Station "A" Traffic Control shall include 5. implementing traffic control procedures as required by 1 LS $ Caltrans. Payment shall be at the percentage lump sum of completed work and shall include all temporary striping, restriping, barricades, signs, cones, flagpersons, generators, trucks, permits and all else incidental thereto for which separate payment is not provided under other items on the Bid Form. Brookhurst/Effingham Lift Station Mobilization and 6. Demobilization shall consist of preparatory work and 1 LS* $ $AW '�` operations, including, but not limited to, those necessary 0-" for the potholing of utilities as indicated on the 9 Drawings; for the movement of personnel, equipment, �`�- supplies, and incidentals to the Project sites; for the establishment and closing of all offices, buildings; for surveying (except as provided by AGENCY), and other facilities necessary for work on the Project, preparation of contract schedule, shop drawings, and other submittals; for acquiring permits and payment of associated fees, for all other work and operations which must be performed or costs incurred prior to beginning and after completing work on the various Contract items on the Project site; and all work required for or incidental to the satisfactory completion of the Items for which separate payment is not provided under other items in the Bid Form. Brookhurst/Effingham Lift Station Sheeting and Shoring 7. shall include all " labor, materials, and . equipment I LS necessary for temporary sheeting, shoring, and bracing or equivalent method, planning, design, engineering fees, furnishing and constructing, and removal and disposal of such temporary sheeting, shoring, and bracing, as required, complete as necessary for the Work or as required under the provisions of any permits, and in accordance with the requirements of OSHA. Payment for temporary sheeting, shoring, and bracing or equivalent shall constitute full compensation for completion of all trench shoring and bracing and lift station piles, sheeting, shoring, and bracing.as required to complete the Brookhurst/Effingham Lift Station project, and all work required for or incidental to the satisfactory completion of the items for which separate payment is not provided under other items in the Bid Form. C-14 Brookhurst/Effingham Lift Station shall include all '8. 'labor, tools and equipment to construct the sewage lift 1 LS $ $ station and appurtenances, including but not limited to demolition and modifications; excavation and backfill; dewatering and drainage; lift station structure; 9le - replacement of sidewalk, curb/gutter, and street; vertical vortex pumps; miscellaneous piping; flow meter; valves; ducting; miscellaneous metals; painting and coatings; miscellaneous electrical controls; instrumentation; switchgear; connection to existing forcemain; new forcemain; exit to manhole. connection; cleanup and testing; coordination of work with others; and all appurtenant work to construct a lift station and appurtenances, complete in place. Brookhurst/Effingham Lift Station Traffic Control shall 9. include implementing traffic control procedures as 1 LS $ yo, $ VO eo, required by the City of Huntington Beach and shown on the Drawings. Payment shall be at the percentage lump sum of completed work and shall include all temporary striping, barricades, signs, cones, flagpersons, generators, trucks, permits and all else incidental thereto for which separate payment is not provided under other items on the Bid Form. Water Main Relocation shall include cutting existing 10. pavement; relocation of existing utilities; dewatering and 28 LF $BB"U drainage; installation of the pipeline; disposal of excess removed materials; costs incurred for use of public water supply; restoring all existing physical features to grade, including pavement, curbs, gutters, sidewalks, driveways and any other surface restoration; cleaning and testing the pipe and all else incidental thereto for which separate payment is not provided under other Items in the Bid Form. Traffic signal pull box relocation shall include removal 11, of existing traffic signal pull box; installation of the new LS pull box; removal of approximately 1,500 LF of existing cable from the new pull box location to Hamilton Avenue; reinstallation of the cable; testing the cable and all else incidental thereto for which separate payment is not provided under other Items in the Bid Form. *Shall not exceed 2.5% of total bid. LS shall mean Lump Sum LF shall mean Lineal Feet Total Bid in Words1w k4l / a cpa- I xd,^ a-"11 TOTAL BID $i� , END OF SECTION C-15 City of Huntington Beach Public Works Department . 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Sewer Lift Station IMprovements, for Station No. 4 & No.,17 CC-106Q & 10�1 July 12, 2000 Notice To Ail Bidders: Please note the following modification to the Project Plans, Specifications, and Technical Provisions: The mandatory -pre-bid meeting and site visit as noted in Section B "Instruction to Bidders" page B-5, subsection No. 23 Pre -Bid Meeting has been changed to Friday, July. 21, 2000, . 9:00 am.. The meeting location does not.change. This modification does not change the Engineer's Estimate or the Bid Opening dateltime for this project. This is to acknowledge receipt and review of Addendum Rumber we, dated July 12, 2000. AES Construction Group t oc Vice President Company Name By 7/12/00 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Steve Krieger at (714) 536-5259. Sent By: AES CONSTRUCTION; 760 806 1533; To: AESC At: 181B7864108 Jul-Si-00 11:43AM; Page 1/2 Sewer Lift Notice To All Bidders: Please note the following and Geotechnical Study: CQNSTRUCTION PLANS City of Huntington Beach Public Works Department 2000 Main Street (714) 536-5431, Fax (714) 374-1573 NUMBER TWO For Improvements for Stationo. 4 & o. RZ cc-1060 & Sheet 9 (S-2) and 1 a (S-3): July 26, 2000 to the Project Plans, Specifications, Technical Provisions Replace Section 1 with the ttached Section 1. Note: Notice the removal of the horizontal line in the caisson at EL—29.79, there are no detailed provisions for cons ruction joints other than the seal slab and structural slab base keyed joints as indicated or the revised drawings. AL Section 02200, 2. Delete the sentence The Agency or Engineer cut off at any specific ele% 3. Delete the sentence The right of the Agency or shall not be construed as permission, nor shall fails. damages to persons or prc otherwise, growing out of excavation supports to pre, F- ly and replace with the following: permit that certain excavation supports remain in place, or be rely and replace with the following: igineer to permit that certain excavation supports remain in place eating any obligation on the Agency or Engineer to give such to give such permission relieve the Contractor from liability for arty occurring from or upon the work occasioned by negligence or failure on the part of the Contractor to leave in place sufficient it any movement of the ground or damage to adjacent structures. Sent ;(3y: AE6 CONSTRUCTION; AbENDUM No. 2 CC- 1060 and 1061 7/26/00 Page 2 of 2 760 806 1533; Jul-31-00 11:44AM; Page 2/2 Section 16000, 1.06 SERVICE AND METERING-. Paragraph D- 1. Delete the sentence entirely. 2. Delete the sentence ntirely and replace with the following: Furnish all labor and materi al required for the electrical service. Paragraph F- Delete the sentence entirely and replace with the following: The Telephone Company serving this project is GTE, GEOTECHNICAL STUDY Add Test Boring Log B-4 to ppendix A. This modification does not Ichange the Engineer's Estimate or the Bid Opening date/time for this project_ This is to acknowledge rec 'pt and review of Addendum b #v+ dated July 26, 2000. . AES Construction Company Name 7/26/00 Date All bidders must acknowlee Should you have any ques 536-5259. )up Art Babcock, Vice President By e the receipt of this Addendum with your bid proposal. regarding this Addendum, please call Steve Krieger at (714) American Motorists Insurance Company KemPER. Bond Number: 3SM 804 305 00 KNOW ALL MEN BY THESE PRESENTS: That we, AES Construction Group, as Principal, and the AMERICAN MOTORISTS INSURANCE COMPANY, a corporation organized and existing under the laws of the State of ILLINOIS, and authorized to do business in the State of California as Surety, are held and firmly DIRECT CORRESPONDENCE TO: in LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041 PHONE (323) 257-8291 • FAX (323) 256-7218 Bid Bond-08-25-99.doi I CALFORNiA ALUPURPQ$> ACRNCIWLE>€iMEIV' . State of California County of Los Angeles On JUL V 200, before me, A. MelendeZ Notary Pzthlic, NAME, TITLE OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER Personally known to me - OR - ❑ eeeeeeseeeeeeseeeeeeeeeeeeeeeM00�= A. MELENDEZ a G :OMM. #1256236 RR R ARV PUBLIC ."CALIFORNIA S !_0S ANGELES COLNTY 2 y " 10, 04 o �ws 6.cmrrn. Mea eeeeoeeeoseweeeeoee 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 ojwhich the person(s) acted, executed the instrument. / official seal. TURE Oy NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons "relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TTLE(S) -------------------- ❑ PARTNER(S) ❑ LIMITED NUMBER OR PAGES ❑ GENERAL ® ATTORNEY -IN -FACT �� " T manj- ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists ! Company Lumbermens Mutual Casualty Company Irlelon •!' i • SIGNER OTHER THAN NAME ABOVE Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the "Company') do hereby appoint David Z. Noddle of Los Angeles, California •"*'*•"'•*" "^"'"• their true and lawful agent(s) and attomey(s)-in-fad, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and ail bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split Into two'or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the -said, Company,. as fully and amply to all intents and purposes, as if the same had been duty executed and acknowledged by their regularly elected''offlcers at ph lLprincipal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of .which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chalrman'of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.' This Power of Attorney Is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon.the-Company. In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this March 20, 2000. Attested and Certified: HINTea T IIIAL Robert P. Hama$, Secretary by Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company J. S. Kemper, 111, Exec.Vice President STATE OF ILLINOIS SS COUNTY OF LAKE I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and Robert P. Harries personally known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing Instrument, appeared before me this day in person and severally acknowledged that they being thereunto duty authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. My commission expires 1-28-02 CERTIFICATION •IAIIAAt<AA1♦ +f "OFFICIAL SEAL" ► 40 Irvno Klewer ► t NotaryPubilo, state otllOnols P f ay Comm oven expires.7ern =. eoos' ♦Tttt'T«7vr,vt Irene Klewer, Notary Public I, J.K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated March 20, 2000 on behalf of the person(s) as listed above Is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, Ill and Robert P. Hames, who executed the Power of Attorney as Executive Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Executive Vice President and Secretary of the Lumbermen Mutual Casualty Company, the American Motorists Insurance Company, and the Amedcan•Manufachirers Mutual Insurance Company."" IN TESTIMONY WHEREOF, I have hereunto subscribed my name and aH6ted the corporate seal of the Lumbernens'Mutuai Cesualty.Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company'on this Md. 4% s4 00am" OAA... .. .. .. .. J. K. Conway, Corporate Secretary This Power of Attorney limits the ads of those named therein to'the bonds "and_ undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. FK 0362 6-96 - Power of Attorney - Term Printed in U.S.A CALIFOF2NIA ALL-PURPOSE ACKNOWLEDGEME0-7 .,NT' . State of County of California Los Angeles On July 31, 2000 before me, Paula Burns, Notary Public personally appeared Art Babcock ® Personally known to me - OR ❑ PAULA L. BURNS _ Commission # 1241013 ' Notary Public - CalifomlO Los Angeles County My Comm. Fxpi;S Nov 6, 2i 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 signature(s) on the instrument . the person(s), or the entity upon behalf of which the p s n(s) acted, executed the instrument. WITNES.S-nily ha Optiona Though the data -below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. . Description of Attached Document Title or Type of Document: Bid Bond Document Date: July 31, 2000 Number of Pages: 1 Signer(s) Other Than Named Above: David Noddle Capacity(ies) Claimed by Signer(s) Signer's Name: Art Babcock Signer's Name: ❑ Individual ❑ Individual Z. Corporate Officer ❑ Corporate Officer Title(s) Vice President ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator. ❑ Other: Signer is Representing: AES Construction Group Title(s): ❑ Partner - ❑ Limited ❑ General ❑. Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator . ❑ Other: Signer is Representing: (0 'I z R. s`j, p1'w ,o zy s, I� I�b fin, p64 _ Council/Agency Meeting Held: 10-16-40 Vk Deferred/Continued to: -- �Approved ❑ Conditionally A proved ❑ Denied pel_ Clerk ignature Council Meeting Date: October 16, 2000 Department ID Number: PW 00-079 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION �, SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: 4PREPARED BY: SUBJECT: RAY SILVER, CITY ADMINISTRATORaV 4BERT F. BEARDSLEY, DIRECTOR OF PUBLICIORKS R' q Award the Contract for Reconstruction of Sewer Lift Stations "A" (PCH at 17th Street); CC-1,050 and Brookhurst/Effingham; CC-1061 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City award the construction contract to the lowest responsive/responsible bidder from the list of bidders who submitted sealed bids to the office of the City Clerk on August 1, 2000, for the reconstruction of two sewer lift stations; Station "A" (PCH at 17th Street); CC-1060 and Brookhurst/Effingham; CC-1061? Funding Source: Funds are appropriated in the Sewer Fund, Lift Station Rebuilds, Account Number 21089004-82600 in the amount of $2,600,000. Recommended Action: 1. Accept the formal bid withdrawal by MMC Incorporated without forfeiture of bid bond. 2. Accept the second lowest responsive/ responsible bid submitted by AES Construction Group for the reconstruction of two sewer lift stations; Station "A" (PCH at 17th Street); CC-1060 and Brookhurst/Effingham; CC-1061. 3. Approve and authorize the Mayor and City Clerk to execute the contract for the sewer lift station projects for a total bid amount of $2,091,750. 4. Authorize the Director of Public Works to expend $2,600,000 to cover the contract cost of $2,091,750, which includes allowances for construction change orders of $418,350 and anticipated supplemental expenses of $89,900. REQUEST FOR ACTION MEETING DATE: October 16, 2000 DEPARTMENT ID NUMBER: PW 00-079 Alternative Action(s): 1. Deny award of the contract to AES Construction Group and select one of the other responsive/ responsible bidders. 2. Reject -all bids and direct staff on how to pursue project. Analysis: On May 15, 2000, the City Council authorized the call for bids for the lift station projects. Bids were received on August 1, 2000. Staff has reviewed the bids, which are summarized below: Bidding Contractor Amount 1. MMC Incorporated. (Withdrawn) $1,657,482 2. AES Construction Group $2,091,750 3. J.F. Shea Construction $2,603,100 4. Mitchell Pacific. Construction $3,569,482 Following is a summary of requested expenditure authorization: Contract Amount $2,091,750 Allowances for Change Orders $ 418,350 Supplemental Expenses $ 89,900 Total $2,600,000 Due to the complex nature of the sewer lift station projects, staff is requesting 20% be reserved to cover potential change orders instead of the normal 10% limit set by Resolution No. 4896. Staff completed the reference check for AES Construction Group, Inc. Favorable references were received from past clients. The engineer's estimate for the sewer lift station projects was $1,400,000. The budget was prepared at the beginning of the 98/99 fiscal year, before staff proceeded with the actual design for the two stations. The final design for both stations determined that more complex and costly improvements were necessary than the engineer's estimate had foreseen. Reasons for the higher bids are attributed to the site constraints of the two lift stations, special caisson construction (Station "A"), the shoring required to construct the stations and the general trend of higher costs due to a shortage of qualified contractors available in this prolonged strong economy. The -project was rebudgeted for the 00/01 fiscal year to adjust for the increased costs. 060 contractor rca award -2- 10/5/00 11:31 AM REQUEST FOR ACTION MEETING DATE: October 16, 2000 DEPARTMENT ID NUMBER: PW 00-079 Public Works Commission Review: The Public Works Commission approved the project on January .19, 2000 by a vote of 4-0-3 (Gartland, Hartge, and Johnson absent). Environmental Status: Both Lift Station Projects are categorically exempt per Class 2; Section 15302. Staff has also obtained a Coastal Development Permit from the State of California for the construction of Lift Station "A" as a result of its location in the coastal zone. Attachment(s): RCA Author: Kreiger:jm g:constructioncontracts/ccl060-1061/O6Ocontractor rca award 060 contractor rca award -3- 10/5/00 11:31 AM ATTACHMENT #1 APPPDXIMA TE L OCA TION ypR� 1¢P� P� a O O r cn C. NOT TO SCALE L . Fp- / W C E a N 0 a. [Plot5tamp Eval] G: \ACAD\KRIEGER\STA_A� STATION 'A' LOCATION CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS MAP' FOS a m ATLANTA AVE. r I -j Li L Li • U Z Z O O m 0� Q1L-Qj Li EFFINGNAM W. • ti a o 0 2S�m NOT TO SCALE Li L-i L—i �U zcx �� o k AMIL TON A VE. r,_ 0 O In L H .1 O �7 �/ ,/ /� 7'C 7 APP�PDX�MA ! L n LOCATION N 0 [PlatStamp Eval] G:\ACAD\KRlEGER\BR0—EFF7 BROOKHURST/EFFINCHAM LOCATION MAP �J • >fl2 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award the Contract for Reconstruction of Sewer Lift Stations "A" (PCH at 17th Street); CC-1160 and Brookhurst/Effin ham; CC-1061 COUNCIL MEETING DATE: October 16, 2000 Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Re port (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR RETURN OF ITEM (Below Space For City Clerk's Use Only) Council/Agency Meeting Held: Deferred/Continued to: ?C—M�DrNw DP. City Clerk' ignature ❑ Approved ❑ Conditionally Approved ❑ Denied Council Meeting Date: October 2, 2000 Department ID Number: PW 00-079 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, CITY ADMINISTRA CM�REPARED BY: OBERT F. BEARDSLEY, DIREC O F PUBLIC RKS SUBJECT: Award the Contract for Reconstruction of Sewer Lift Stations "A' _(PCH` at 17th Street); CC-1660 and Brookhurst/Effingham; CC-1061 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attaehment(s) Statement of Issue: Should the City award the construction contract to the lowest responsive/responsible bidder from the list of bidders who submitted sealed bids to the office of the City Clerk on August 1, 2000, for the reconstruction of two sewer lift stations; Station "A" (PCH at 171h Street); CC-1060 and Brookhurst/Effingham; CC-1061? Funding Source: Funds are appropriated in the Sewer Fund, Lift Station Rebuilds, Account Number 21089004-82600 in the amount of $2,600,000. Recommended Action: 1. Reject the low bid submitted by MMC Incorporated; which formally withdrew its bid. 2. Accept the second lowest responsive/ responsible bid submitted by AES Construction Group for the reconstruction of two sewer lift stations; Station "A" (PCH at 17t" Street); CC-1060 and Brookhurst/Effingham; CC-1061. 3. Approve and authorize the Mayor and City Clerk to execute the contract for the sewer lift station projects for a total bid amount of $2,091,750. 4. Authorize the Director of Public Works to expend $2,600,000 to cover the contract cost of $2,091,750, which includes allowances for construction change orders of $418,350 and anticipated supplemental expenses of $89,900. .f REQUEST FOR ACTION MEETING DATE: October 2, 2000 DEPARTMENT ID NUMBER: PW 00-079 Alternative Action(s): 1. Deny award of the contract to AES Construction Group and select one of the other responsive/ responsible bidders. 2. Reject all bids and direct staff on how'to pursue project. Analysis: On May 15, 2000, the City Council authorized the call for bids for the lift station projects. Bids were received on August 1, 2000. Staff has reviewed the bids, which are summarized below, by least amount: Bidding Contractor Amount 1. MMC Incorporated (Withdrawn) $1,657,482 2. AES Construction Group $2,091,750 3. J.F. Shea Construction $2,603,100 4. Mitchell Pacific Construction $3,569,482 Following is a summary of requested expenditure authorization: Contract Amount $2,091,750 Allowances for Change Orders $418,350 Supplemental Expenses $89,900 Total $2,600,000 Due to the complex nature of the sewer lift station projects, staff is requesting 20% be reserved to cover potential change orders instead of the normal 10% limit set by Resolution No. 4896. Staff completed the reference check for AES Construction Group, Inc. Favorable references were received from past clients. The engineer's estimate for the sewer lift station projects was $1,400,000. The budget was prepared at the beginning of the 98/99 fiscal year, before staff proceeded with the actual design for the two stations. The final design for both stations determined that more complex and costly improvements were necessary than the engineer's estimate .had foreseen. Reasons for the higher bids are attributed to the site constraints of the two lift stations, special caisson construction (Station "A" ), the shoring required to construct the stations and the general trend of higher costs due to a prolonged strong economy. The project was rebudgeted for the 00/01 fiscal year to adjust for the increased costs. 060 contractor rca award.doc -2- 09/21/00 4:26 PM REQUEST FOR ACTION MEETING DATE: October 2, 2000 DEPARTMENT ID NUMBER: PW 00-079 Personnel Commission: The Public Works Commission approved the project on January 19, 2000 by a vote of 4-0 (Gartland, Hartge, and Johnson absent). Environmental Status: Both Lift Station Projects are categorically exempt per Class 2; Section 15302. Staff has also obtained a Coastal Development Permit from the State of California for the construction of Lift Station "A" as a result of its location is the'coastal zone. Attachment(s): RCA Author: Kreiger g:constructioncontracts/cc1060-1061/060contractor.rca award 060 contractor rca award.doc.dot -3- 09119/00 5:07 PM ATTACHMENT #1 APPPDXIAU TE L OCA TION c> \ �Z o\ �� o s E o j U O / / / ^ NOT TO SCALE I-) O O W Z � / O [PlotStamo Eval] G:\ACAD\K.RlEGER\STA—A STATION 'A' LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS A TLANTA A VE. LIU[ U Z U U Z O Q � 1 Q m Oc 1 U � EFFINGHAM D2. ==7I =El NAMIL TON A VE. f•_J ii a l NOT TO SCALE 00 0 rl- L O APPPDXIMA TEUi L OCA TON 0 [Plo:Stamp Evalj G:\ACAD\KfRlEGER\8R0—EFF BROOK HURST/EFFINGHAM LOCATION CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award the Contract for Reconstruction of Sewer Lift Stations "A" (PCH at 17th Street); CC-1160 and Brookhurst/Effingham; CC-1061 COUNCIL MEETING DATE: October 2, 2000 RCA ATTACHMENTS".: STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) . (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATIONsFOR.'MISSING ATTACHMENTS 01 H >r�4 CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH Connie Brockway, City Clerk Office of the City Clerk Liz Erring, Deputy City Clerk II To: Date: �n-s Meeting Date: Z D Q Agenda Item: Proposed City Council Agenda Items: The City Clerk's Office/City Administrator's Office must return your agenda item due to the following requirements that have not been met. When your Agenda Item is ready to resubmit, please return to: Elaine Kuhnke, Managemei)t Assistant, Administration 1. Signature(s) Needed A On RCA B On Agreement C Other 2. Attachments A Missing B Not identified C Other 3. Exhibits A Missing B Not identified C _ Other 4. Insurance Certificate (Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item. (See form attached) 5.. Wording On Request For Council Action (RCA) Unclear A Recommended Action on RCA not complete B Clarification needed on RCA C Other 6. City Attorney Approval Required 7. Agreement Needs To Be Changed A Page No. 8. Other G:agendedoisrhraform CITY ADMINISTRATOR'S REPORT (C42::1 10/2/00 City Council Meeting 1. Approval of Orange County Sanitation District -Cooperative Projects Program The city has been notified by the Orange County Sanitation District (OCSD) that it will be receiving a total of $1,900,400 in grants from the OCSD and the Environmental Protection Agency (EPA) as part of its Cooperative Projects Program.. The funds will be used to line portions of the sewer infrastructure in Huntington Harbour. OCSD is also providing a $200,000 grant to update the Sewer Master Plan and conduct an Inflow and Infiltration Study. This grant will be matched by City funds. C'a_C 2. Advertise for the Huntington Harbour Sewer Lining Project Following City Council action on October 2, 2000, the city will release a call for bids for the lining of approximately 50,000 lineal feel of sewer mains and 2,500. vertical feet of manholes in the Huntington Harbour. This project will extend the life of the aging sewer lines by 40 to 50 years. The total estimated project cost is $ 1,900,400.which is funded through the OCSD Cooperative Projects Program grant described above. Program /Z--,' On April 5, 1999, the City Council approved a two-phase energy efficient equipment retrofit program for city facilities with Sempra Energy Solutions. The improvements for Phase I of the project have been completed. Funding for Phase II is now available which will provide new retrofit components for 36 structures at 28 locations. The total energy cost savings from both phases of the project has been conservatively estimated at approximately $345,00 annually. Based on this rate of savings, the estimated initial project cost of $2,970,525 will be paid back within nine years, with continued cost savings for the city accruing for many years into the future. 4. Reconstruction of Two Sewer Lift Stations On May 15, 2000, the City Council authorized staff to release a call for bids to rebuild two sewer lift stations near the intersection of Pacific Coast Highway/7' Street and Brookhurst St./Effingham Drive. The lift stations are approximately 40 years old, and in need of improvement. The project will add capacity to each �� 4 station, thus increasing the efficiency of operation. Due to site constraints, Station 'A' will be rebuilt inside -the existing facility. The Brookhurst station will be an entirely new station next to the existing one. The old station will be abandoned. The total project cost is approximately $2,600,00 Y Ol F j,'U'lITINIGTON, 'SEACH, CA 1000 A 32 P 2- 0 1 GITY HUNTINGTON CA Z680 JUL 32 P 2: 0 o aH:y �R%' 6v-,N, AOY4 CITY OF HUNTINGTON BEAC MEETING DATE: 05-15-00 DEPARTMENT ID NUMBER: PW 00-030 Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied t!- I y Clerk's Signature Council Meeting Date: 05-15-00 Department ID Number: PW 00-030 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION C SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS 0 _ - SUBMITTED BY: RAY SILVER, City Administrators r REPARED BY: )ERT F. BEARDSLEY, Director Public Works; of SUBJECT: APPROVE PLANS AND SPECIFICATION AND AUTHORIZE ADVERTISING FOR THE RECONSTRUCTION OF SEWER LIFT _ STATIONS "A"; CC-1060 AND BROOKHURST/EFFINGHAM; CC- 1061 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments)1 r J Statement of Issue : Plans and Specification are now complete for the reconstruction of two sewer lift stations, Station "A"; CC-1060 and Brookhurst/Effingham; CC-1061. Approval of the final plans, specifications, and authorization to advertise the project for construction is requested. Funding Source : Sufficient funds are available in FY 99-00 sewer fund budget. The Engineer's Estimate is $1.4 million for both stations. Recommended Action : Motion to: 1. Approve the attached sample contract subject to award of contract to the lowest responsive/responsible bidder; and, 2. Approve final plans and specifications, and direct the City Clerk to advertise the Sewer Lift Station Improvements for bid. 2, 060rca 1adv.doc -2- 05/02/00 10:17 AM REQUEST FOR ACTION MEETING DATE: 05-15-00 DEPARTMENT ID NUMBER: PW 00-030 Alternative Action(s) : Deny approval of the sewer lift station improvements and direct staff on how to proceed with the projects. Analysis :. SEWER LIFT STATION "A" This lift station, which is located east of Admiralty Drive and north of Pacific Coast Highway in the Sunset Beach/ Huntington Harbour area, is approximately 40 years old and in need of improvement. The wet well of the existing station is too small to function properly. Due to the existing site constraints this project consists of converting the existing wet/dry well station into a wet well submersible pump station within the existing station. BROOKHURST/EFF/NGHAM SEWER LIFT STATION This lift station, located near the intersection of Brookhurst Street and Effingham Drive, is approximately 40 years old and in need of improvement. The design of the original station causes capacity and operational problems. This project consists of building an entirely new station adjacent to the existing one and then abandoning the old station. The plans and specifications for both projects have been completed and approved by the Director of Public Works and are on file in the Public Works Department. Public Works Commission Review: The Public Works Commission endorsed both projects on January 19, 2000 by a 4-0 vote (3 absent). Environmental Status : Both Lift Station Projects are categorically exempt per Class 2; Section 15302. Staff has also obtained a Coastal Development Permit from the State of California for the construction of Lift Station "A". 060rca 1adv.doc -3- 05/02/00 11:49 AM REQUEST FOR ACTION MEETING DATE: 05-15-00 Attachment(s): 1. 1 Location Maps 2. Sample Agreement RCA Author: SEK: DEPARTMENT ID NUMBER: PW 00-030 060rca ladv.doc -4- 05/02/00 10:17 AM ATTACHMENT 1 APPPDXIMA TE L OCA TION M a U C NOT TO SCALE M 1 > / W a E 0 N 0 a [PlotStamp Evol] G:\ACAD\KRlEGER\STA—A STATION 'A' LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS W a a 0 NOT TO SCALE XIMA TE L UC%A / /C/V IotStamp Evall G: BROOKHURST/EFFINGHAM LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS RO_EFF E a 00 N M O ATTACHMENT 2 Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR CONSTRUCTION OF SEWER LIFT STATION NO. 4 (CC-1060) AND SEWER LIFT STATION NO. 17 (CC-1061) THIS AGREEMENT, made and entered into this day of 199_, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as construction of two City owned sewer lift stations; Lift Station No. 4 (CC-1060) and Lift Station No. 17 (CC-1061) 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: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own 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 assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks,of any description connection with the work, including, but riot 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, agree/form/con-sam - 08/18/99 1 SAMPLE 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 under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 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 hereinafter defined), 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 investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA agree/form/con-sam - 08/18/99 2 SAMPLE 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed _ Dollars ($ ), 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 notice to proceed is issued and shall diligently prosecute PROJECT to completion agree/form/con-sam - 08/18/99 3 SAMPLE within (_) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. agree/form/con-sam - 08/18/99 4 SAMPLE When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the 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 the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or agree/form/con-sam - 08/18/99 5 SAMPLE 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 expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500) per day for each and every working 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 losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said 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. agree/form/con-sam - 08/20/99 6 SAMPLE CONTRACTOR will be granted an extension of time and will not be assessed damages for bny portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the 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 waiting for materials required by this Agreement to be furnished to 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 nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. agree/form/con-sam - 08/18/99 7 SAMPLE 12. DIFFERING SITE CONDITIONS "(1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed,. notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) 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 character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the 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. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in agree/form/con-sam - 08/18/99 8 SAMPLE 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, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS `Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up.to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, 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. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the 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 int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit agree/form/con-sam - 08/18/99 9 SAMPLE therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance Onder 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 the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have -been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured agree/form/con-sam - 08/18/99 10 SAMPLE against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of 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 $2,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $2,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. agree/form/con-sam - 11/02/99 11 SAMPLE Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or d "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: "The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar -type limitation." 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 provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. agree/form/con-sam - 08/18/99 12 SAMPLE 22. DEFAULT AND TERMINATION " If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a 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 notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such -event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon 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. 24. NON -ASSIGNABILITY 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. 25. 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 California Government Code sections 1090 et seq. agree/form/con-sam - 08/18/99 13 SAMPLE 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. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and .provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name ITS: (circle one) Chairman/President/Vice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator Mayor ATTEST: City Clerk APPROVED AS TO FORM: Af -q1City Attorney INITIATED AND APPROVED: Director of Public Works agree/form/con-sam - 08/18/99 15 SAMPLE Sample CITY FUNDED. CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR CONSTRUCTION OF SEWER LIFT STATION NO. 4 (CC-1060) AND SEWER LIFT STATION NO. 17 (CC-1061) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK . 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ATTORNEY'S FEES 15 32. ENTIRETY 16 agree/forms/con-sam - 08/18/99 SAMPLE RCA ROUTING SHEET INITIATING DEPARTMENT: _BL�„ C MR S SUBJECT: APPROVE PLANS AND SPECIFICATION A tAUTKORIZE�ADVERTISING"FOR THE RECONSTRUCTION' "'OF SEWER LIFTST'ATIONS"A:'; CC- -1060A'NDBROOKHURST�/EFFINGHAM;CC"1`06,1 g' COUNCIL MEETING DATE: May 15, 2000 RCA ATTACHMENTS" STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Appliicable�j EXPLANATION FOR MISSING, -ATTACHMENTS EXPLANATION FOR RETURN OF ITEM: ce - /06 o PROOF OF PUBLICATION STATE OF CALIFORNIA) 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 below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: June 29, 2000 July 6, 2000 July 13,2000 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 13 f 2000 at Costa Mesa, California. «on. Signature for CC-1060 w= _ exception only of such end 1061 I vanabons that may be. Notice is Hereby given requved under` the` spe=' sale statutes pursuant to thin sealed bids will. be , received. by the City. of j Which, -"Proceedings here - Huntington Beach at the j office of the City Clerk at l under 'pare taken and which have not been su- City Hall, "20007 Main Perseded ` by th.e Street, Huntington Provisions of the Labor Beach, CA 92648, . until' Code. Preference , to - la, bor shall b6Jgivin onlylin the -:hour of 2.00 PM on August 1 j. ` 2060, . at taw rna ner provided by which time bids will be opened publicly and No - bid .shall be con - read aloud in the Council sidered'unless it is•made Chambers for .,tl,6 on. aform' furnished by SEWER LIFT "STATION -thee City,,of Huntington, IMPROVEMENTS;_ FOR' Beach,' Department of: STATIONS_ No 44 17I :Publict Works, and is in,the City of Huntington made in. accordance Beach. with the provisions of the. 'A sets of plans specifl propot9l requirements. cations; and, contract _A mandatory.:pre-bid; documents may be ob= meeting-: will. -.be held on twined` starting June_ 22, Thursday, July 20; .2000- .2000 at City .Hall, Do- - at -City Hall -in room B-6 pertinent. ` of `Public at 9:00'a.m.: Works. upon raceipt.of a Each; --bidder must be non-refundable fee of. licensed and also pre- $70.00 - sales tax __in- qualified as: required by clud - rf picked up; o"r law $8500 rf mailed A copy The.City Council of;the of the geotechncial City of Huntington study is available' for an Beach k serves the 'rigght additional $10 00. to reject any or all. bids. Each bid' shall "be By, order of the, City made on, the Proposal' ;Council -of_ the' City of Form th proyided , in e Huntington Beach, Call - contract documents and forma th. 15th -of May;, •sfiali be `accompamed=bq I2000 a certified or - cashier's Connle Brockway . check or a bid bond forl� CIty.Clark'.: not less than 10% of the l of the Cittyy ,Df • amount of the bid, tnade,l 'Huntington:Beach payable to the City of I _: 2006 MMalri Street Huntington Beach. The "` (714) 536-5431 Contractor shall, in the ` Published Huntington performance of the Work Beach -Fountain. Valley and improvements, .con - I lndependirW:Aune. 29, form to the ,Labor' Code! July 6, 13 2000 of the State - of California ." 065-659 ,rc Io PROOF OF PUBLICATION STATE OF CALIFORNIA) 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 below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: June 29, 2000 July 6, 2000 July 13, 2000 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 13 , 2000 at Costa Mesa, California. _2m IN Signature - nun%fe rryvniryu SEALED BIDS State : of" California ap.' 'the for `CC-1060 ;, placable thereto; with exception •only_.of. such l and :1061 variations that may. bei Notice is hereby given required under the spe j that sealed bids will be ciall'statutes'pursuant to; received 'by. the City of which. proceedings here-1 Huntington Beach at the under 'are , taken and{ office of the City Clerk at Which- Have not been su-1 City Hall; 2000 Main, perseded':' by th.e Street, Huntmgton provisions of, the Labor{ Beach; CA 92648, until .Code P-reference'to la- the -hour of 2:00 PM on bor shall be- given only in' August 1 2000 at the manner provided by which time bids will be. law .opened publicly and No bid shall - be con - read aloud in the Council, sidered-unless dais made Chambers -: for the i -on. a form furnished ° by SEWER LIFT STATION'; `the-City;;of Huntington. STATIONS` No. 4' & 17 -Works, . and : is in the City_ of_ Huntmgton _Public made -- in accordance Beach with the provisions of the A set of plans specifl- proposal requirements: cations, and contract A.-.mandatory.%pre=bid documents .may be ob. meeting will be held on tained starting June. 22,_ Thursday, -.,'July 20, 2000 2000 at City Hall, De,- at City,Hall in room B-6 partment of Public' at 9.01)ra m-r Works upon receipt of, a Ea gldder must - be non-refundable fee Hof hcensed and also pre- $70.00 sales tax inK� qualified as required .by cluded If ;picked up or law $85.00 if malled.'A .copy The _City Council.of the Of the geotechncial City of . Huntington study Is available for an Beach lrdsbrves the light additional $16.00. Abe: to reject any, or all - bids. Each bid-"� shall By order 'of the City -made. on, -the. Proposal Council 'I the . City .of ;_Form provided in . the Huntington 'Beach, Call - contract documents, and forniaAhe-15th'of, May, shall'be accompanied ,by 2000`-: ' •a certified or cashier's Connie Brockway " check or a -_bid bond for - City Clerk* /o not less than 10 of the of'the' City of - amount of the bid, made Huntinggton Beach payable to -the City. of HuntingtonBeach. The 2000 Maln .Street'' •(714) 536r5431 Contractor shall in 'the. Published - Huntington performance of the` work Beach -Fountain Valley 'and Improvements; cob_ Ind`cp dent June 29, i ,form to the i Labor Code of the State: of California] July 6, _ 13 ;2000` -�X<d 6 22- oa 6- 2q '7- 6, A14' 1-13 NOTICE INVITING SEALED BIDS for CC-1060 and 1061 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on August 1, 2000, at which time bids will be opened publicly and read aloud in the Council Chambers for the SEWER LIFT STATION IMPROVEMENTS FOR STATIONS No. 4 & 17 in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting June 22, 2000 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $70.00, sales tax included, if picked up or $85.00 if mailed. A copy of the geotechncial study is available for an additional $10.00. Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the - State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. A mandatory pre -bid meeting will be held on Thursday, July 20, 2000 at City Hall in room B-6 at 9:00 a.m. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 15th of May, 2000. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 city clerk n.i.s.b..doc A. I OF. HUNTINGTON. BEACH 0 2000 MAIN STREET CALIFORNIA92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 15 ,2002 To: Mitchell Pacific Constructors, Inc. 255 North E1 Cielo Rd., Suite 130 Palm Springs, CA 92262 Enclosed please find your original bid bond issued by Fidelity and Deposit Co. of Maryland for Sewer Lift Station Improvements for Stations 4 & 17 Connie Brockway, CIVIC City Clerk Enclosure g:/foilowup/cashcon/retumbidbond.doc ( Telephone: 714-536-5227) Bond No ..... N/A ..................... Fidelity and. Deposit Company HOXE OFFICE OF MARYLAND BALTI,410RE, AM 21203 viz v �1� if. MI6 �t 41t KNOW ALL MEN BY THESE PRESENTS: That we ................ MITCHELL..PACIFIC CONSTRUCTORS , INC . .................................................................................... ............................... ................ .................................................................................................................................................................................................. ........ :....................... .............................................................. . as Principal, (hereinafter called the "Principal"), and the I IDI LITY A\D Dl:I'OSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto..... CITY..OF.HUNTINGTON...BEACH ...._......._..............._......................._..._.................._........._....._................_.•.. .. .................... ........... .................................................................................................................................................................................................. ..................................................................................................................as Obligee, (hereinafter called the "Obligee"), in the sum of._TEN PERCENT OF THE AMOUNT OF THE BID — — — — — — Dollars ($•10%e OF BID ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for ......... SEWER .LIFT.....STATION....IMPROVEMENTS........... ............................................•-•---- ....... FOR_.STATTONS....-17............••.........................•-• NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such -bond or bonds as may be specified in the bidding or contract- documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this ............... 25th....................................day of..--............-_.... JULY.................... A.D. 2000.. MITCHELL PACIFIC CONSTRUCTORS. INC.. ......--•.......................A.............................................. (SEAL) Principal -•-•--•----•................................................... :•• •••-•••.......... LVatness 'itle FIDELITY AND DEPOSIT C MP Y F MARYLAND it y f .............................................................................................. By ..ULL.:J-"l _.. ••--(SEAL) Wilness MIC L D. Z Title ATTO EY—IN—FACT C325d—ISOM, Approved by The American Institute of Architects. A.I.A. Document No. A•310 February 1970 Edition. STATE OF CALIFORNIA COUNTY OF RIVERSIDE On !/ , before me, PERSONALLY APPEARED MICHAEL D. STONG personally known to me to be the person(r4 whose name r4 is/-m* subscribed to the within instrument and acknowl- edged to me that• /she/k4ey executed the same in hie/ her/tl4eir authorized capacity(ie&j, and that. by his/ -ha&,/ tL e; signature(c+on the instrument the "person{4 or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. Signature SS. R. STANDLEY OPTIONAL R. STANDLEY COMM. #1263272 I NOTARY PUBLIC -CALIFORNIA RIVERSIDE COUNTY My Comm. Expires June 7, 2004 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE M-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT Power of Attorney . . FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice -President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Michael D. Stong, of Riverside, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings and the execution of such bonds or undertakings in pursuance @pl:Iese presents )e as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and ackn ed by the r elected officers of the Company at its office in Baltimore, Md., in their own proper persons. /Z The said Assistant Secretary does hereby certify that the extract set the revere ereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. o IN WITNESS WHEREOF, the said Vice -President and Assi have subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYL 21 st day of< y, A.D. 1998. ATTEST: FIDELITY AND 'e,SIT COtAAl Y OF MARYLAND SEAT �. By: T. E. Smith Assistant Sec W. B. Walbrecher Vice -President StateofMaryland ss; County ofBaltimore �O On this 21st day of January, A.D. 1998, beforeithetsuchMW, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. WALBRECHER, Vice -President and T. E. Stant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and offbed in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swo and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the precedent is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 1 R� Raw �arm►e' Car I J. Fader Notary Public My C iss' Expires: August 1, 2000 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any. Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this A day of J Assistant Secretary L 1428-012-0629 Mitchell Pacific Constructors, Inc. 255 North E1 Cielo Road, Suite 130 Palm Springs, California 92262 City of Huntington Beach City Clerk 2000 Main Street, Second Floor Huntington Beach, CA 92648 nTn rnn. C'-, -- 1 4r+ f+•,+;.. SECTION C PROPOSAL for the Sewer Lift Station Improvements for Stations No. 4.& No.17 No. 4 — PCH & 17th St. No. 17 — Near the Southwest Corner of Brookhurst St. and Effingham Dr. CASH CONTRACT No. 1060 & 1061 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 270 working days including parts, equipment, and pipe delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract docurhents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find WAu' SbA in the amount of $ which said amount is not less than 10% of the aggregate.of the total bid price, as required.by the Notice Invitin& Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: „• i, Bidder's Signature C-2 Prequalification Checklist to be completed by the General Contractor prior to the acceptance of the Caisson Subcontractor for Lift Station A. Required Compliance Items Bidder Initials for acceptance The caisson contractor shall be a specialist in the construction of caissons utilizing concrete rectangular shaped caisson that are positioned to their final location by excavating the in -situ soils from the interior of the caisson. The caisson contractor shall have at least 5 years of continuous experience in the casting and placement of caissons. The caisson contractor shall have successfully completed construction activities as specified herein on a minimum of 5 concrete caissons The superintendent for the caisson contractor shall have a minimum of 4 years construction experience with caisson placement designs similar to the specified for Lift Station A. Superintendent's name, work history and telephone number 7J shall be provided. Contractor agrees to provide a minimum of 5 project references meeting the experience criteria described herein, listing caisson owner, owner or engineer's contact person, address, telephone number and year of completion within 10 days after bid �Jw opening. i Contractor agrees to provide a description and detailed photographs of the proposed equipment to be used to meet the caisson installation requirements, including quality control measures within 10 days after bid opening. Contractor agrees to provide the caisson contractor qualifications, including a company history, contact person, address and telephone number with 10 days after bid opening. The Contractor shall demonstrate the feasibility and constructability of their proposed construction approach with adequate submittals to qualify the detailed procedure within 10/,� " days after bid opening. Contractor shall demonstrate caisson lifting and placement, as well as excavation crane (clam shell) capacities, loading of adjacent surfaces within safe parameters and ability to achieve adequate access within the restricted confines of the site prior J to approval by the Agency to proceed with construction. C-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 and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number. Class :�t- 4 PAC - UJqST - SA+—} A-9-9-4 , CA- . -7-7 7 0 / 1 3,$ �/ r_Ll.0 (21E).UPoQL106,�� Z9z2y� � 3,8 �p�-v�►o-� �-,��i'. , C�-n-so �v, Ci4- . z�os8� /�- 5,9 012Arub97Co0,uV-, �i'YLiPi�r,�� , �►- . 3ybOyS- C 32 3�8 Go tia T2ANsAo2, �8t,��T rs�c.cr `�w, C,4. -7o14-7ZS C ZfZ �3,� �1-�-vLT2 �.�z-�L �u n�►,u6 � ��N, LJ Z�j � 6d 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. C4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California 2c✓ers$r� County,of 6rar1 �We'v- 6 _ , being first duly sworn, deposes and says that he or she is QrPs�,da m of &kiAell Nau�+c Ccnsivur rstlnc . the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly. or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true, and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of •• Signature �u.Qm Son'n�t6 . GA r Address of Bidder Subscribed and sworn to before me this .3 --,f day of , 200 o NOTARY PUBLIC KAREN P. LOWE t COMM. # 1248372 * NOTARY PUBLIC-CALIFORNIA +n RIVERSIDE COUNTY 0 COMM. EXP. JAN. 31, 2004 NOTARY SEAL C-5 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 Sewer Lift Station Improvements for Stations No. 4 & No.17 (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: -IA,4 ?4 Contractor Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, 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? O Yes 14 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-7 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. fni"'a P-c/t�� (aa-,i3nidws (,at-, rnn tractnr C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and. returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-227-2600 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name N - e1 6. 6n U:or, Q Sv i+e 130 Business Address Pc&rv-% 5ori n&6 011� 12a p;gL City, State Zip o toy ) 3a�•ac�o3 Telephone Number L\� 51J,-26 ( 4.4�) State Contractor's License No. and Class O(a, r ) -5S Original Date Issued Ofo'3w� 1 Expiration Date The work site was inspected by O, l-. CVMM of our office on , 2006. The following are persons, firms, and corporations having a principal interest in this proposal: _.111IMPIM, III . . 1, _� • A P A L C-10 '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. i"e, 11 Company Name I Signature of Bidder Printed or Typed Subscribed and sworn to before me this 314day of , 200 ? ° KAREN P. LOWE �� 0 COMM. # 1248372 0 eo _- NOTARY PUBLIC-CALIFORNIA ° 0 !RIVERSIDE COUNTY � ` ,ion COMM. EXP. ,1AN. 31, 2004 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for four public agencies for which the bidder has performed similar work within the past two years. One of the four references must be from a high groundwater level caisson -method construction project and one from a horizontal directional drilling project: r,4 -9a I va Name and Address of Public Agency 0 nn Name and Telephone No. of Project Manager: P - l $5 Jdb N21 acZo Contract Amount (� Type of Work ' f� r Date Completed , ` ,V �OI i �G� /1 I iJ� Y\(.�' vlC ��1ern C—t (u-nic-_ Name and Address of Public Agency C7wq� 53►-a540 Name and Telephone No. of Project Manager: Or -e -64 09) Ma - -cIt943 a�01(p �1�4 .r�c� 1J�.v�w. S1uoe,��c 1'►aka AA r Contract Amount Type of Work Date Completed C;_�rn A E (and 3. �x) 5 ff\ca:n c:Ace4- Pi (nn-I,m (A Name and Address of Public Agency 33�7^ y5a5 Name and Telephone No. of Project Manager: Mr. Pint %,Ax..d hipt--) 40 09V-0 Contract Amount Type of Work r Date C-11 4. P b Pfix JD $I al Name and Address of Public Agency Name and Telephone No. of Project Manager: ►Kip, IL)A CI10g •0P41I ► q6 r . =A- I a Contract Amount Type of Work Date CorUpleted C-12 BID SCHEDULE for SEWER LIFT STATION IMPROVEMENTS — LIFT STATIONS NO.4 AND NO.17 s• 0= la'11*1141 xtenc e , E No"�Dcn hon .� dUru . i�mtEnce Lift Station "A" Mobilization and demobilization shall 1. consist of preparatory work and operations, including, I LS* $ 69, ZS/ $6�,tis� but not limited to, those necessary for the potholing of utilities as indicated on the Drawings; for the movement of personnel, equipment, supplies, and incidentals to the Project sites; for the establishment and closing of all offices, buildings, and other facilities necessary for work on the Project, preparation of contract schedule, shop drawings, and other submittals; for surveying (except as provided by AGENCY); for acquiring permits and payment of associated fees, for all other work and operations which must be performed or costs incurred prior to beginning and after completing work on the various Contract items on the Project site; and all work required for or incidental to the satisfactory completion of the Items for which separate payment is not provided under other items in the Bid Form. Lift Station "A" Sheeting and shoring shall include all 2. labor, materials, and equipment necessary for temporary sheeting, shoring, and bracing or equivalent method, 1 LS $ 9% �i6" $ 00 6 planning, design, engineering fees, furnishing and constructing, and removal and disposal of such temporary sheeting, shoring, and bracing, as required, complete as necessary for the Work or as required under the provisions of any permits, and in accordance with the requirements of OSHA. Payment for temporary sheeting, shoring, and bracing or equivalent shall constitute full compensation for completion of all trench shoring and bracing and lift station piles, sheeting, shoring, and bracing as required to complete the Lift Station "A" project, and all work required for or incidental to the satisfactory completion of the items for which separate payment is not provided under other items in the Bid Form. Lift Station "A" shall include all labor, tools and 3. equipment to construct the sewage lift station and 1 LS $ $ y �' 0appurtenances, g including but not limited to demolition gf/�/,%�D and modifications; excavation and backfill; dewatering and drainage; lift station structure; valve vault structure; replacement of sidewalk, curb/gutter, driveway and street; submersible pumps; miscellaneous piping; flow meter; valves; ducting; miscellaneous metals; painting and coatings; miscellaneous electrical controls; instrumentation; switchgear; connection to new forcemain; cleanup and testing; coordination of work with others; and all appurtenant work to construct a submersible lift station and appurtenances, complete in C-13 lace. Lift Station "A" Forcemain shall include cutting existing 4. pavement; relocation of existing utilities if required; 2,165 LF $ 4-5 $ Q, dewatering and drainage; installation of the pipeline via eo'— �s-3i71� directional drilling; disposal of excess removed %% materials and drilling fluids; costs incurred for use of public water supply; restoring all existing physical features to grade, including pavement, curbs, gutters, sidewalks, driveways and any other surface restoration required by the drawings or Caltrans; cleaning and testing the pipe and all else incidental thereto for which separate payment is not provided under other Items in the Bid Form. Lift Station "A" Traffic Control shall include 5. implementing traffic control procedures as required by 1 LS $ $ eo Caltrans. Payment shall be at the percentage lump sum 7ZI of completed work and shall include all temporary striping, restopng, barricades, signs, cones, flagpersons, generators, trucks, permits and all else incidental thereto for which separate payment is not provided under other items on the Bid Form. Brookhurst/Effingham Lift Station Mobilization and 6. Demobilization shall consist of preparatory work and 1 LS* $ $ operations, including, but not limited to, those necessary for the potholing of utilities as indicated on the Drawings; for the movement of personnel, equipment, supplies, and incidentals to the Project sites; for the establishment and closing of all offices, buildings; for surveying (except as provided by AGENCY), and other facilities necessary for work on the Project, preparation of contract schedule, shop drawings, and other submittals; for acquiring permits and payment of associated fees, for all other work and operations which must be performed or costs incurred prior to beginning and after completing work on the various Contract items on the Project site; and all work required for or incidental to the satisfactory completion of the Items for which separate payment is not provided under other items in the Bid Form. Brookhurst/Effingham Lift Station Sheeting and Shoring DO a, 7. shall include all labor, materials, and equipment 1 LS $ $ar.,46 necessary for temporary sheeting, shoring, and bracing or equivalent method, planning, design, engineering fees, furnishing and constructing, and removal and disposal of such temporary sheeting, shoring, and bracing, as required, complete as necessary for the Work or as required under the provisions of any permits, and in accordance with the requirements of OSHA. Payment for temporary sheeting, shoring, and bracing or equivalent shall constitute full compensation for completion of all trench shoring and bracing and lift station piles, sheeting, shoring, and bracing as required to complete the Brookhurst/Effingham Lift Station project, and all work required for or incidental to the satisfactory completion of the items for which separate payment is not provided under other items in the Bid Form. C-14 Brookhurst/Effingham Lift Station shall include all 8. labor, tools and equipment to construct the sewage lift 1 LS $ ono $ 00 Zi3� station and appurtenances, including but not limited to 9p0, Z1.3 900, demolition and modifications; excavation and backfill; dewatering and drainage; lift station structure; replacement of sidewalk, curb/gutter, and street; vertical vortex pumps; miscellaneous piping; flow meter; valves; ducting; miscellaneous metals; painting and coatings; miscellaneous electrical controls; instrumentation; switchgear; connection to existing forcemain; new forcemain; exit to manhole connection; cleanup and testing; coordination of work with others; and all appurtenant work to construct a lift station and appurtenances, complete in place. Brookhurst/Effingham Lift Station Traffic Control shall 9. include implementing traffic control procedures as I LS $ �►3 31, g required by the City of Huntington Beach and shown on the Drawings. Payment shall be at the percentage lump sum of completed work and shall include all temporary striping, barricades, signs, cones, flagpersons, generators, trucks, permits and all else incidental thereto for which separate payment is not provided under other items on the Bid Form. Water Main Relocation shall include cutting existing 10. pavement; relocation of existing utilities; dewatering and 28 LF $ 9ZC'"' $'S3 `O i� drainage; installation of the pipeline; disposal of excess removed materials; costs incurred for use of public water supply; restoring all existing physical features to grade, including pavement, curbs, gutters, sidewalks, driveways and any other surface restoration; cleaning and testing the pipe and all else incidental thereto for which separate payment is not provided under other Items in the Bid Form. Traffic signal pull box relocation shall include removal IL of existing traffic signal pull box; installation of the new LS b7, 277� t; 7, 7- pull box; removal of approximately 1,500 LF of existing cable from the new pull box location to Hamilton Avenue; reinstallation of the cable; testing the cable and all else incidental thereto for which separate payment is not provided under other Items in the Bid Form. *Shall not exceed 2.5% of total bid. LS shall mean Lump Sum LF shall mean Lineal Feet Total Bid in Words �'t� M.LUj&4, Fivc.%'k� Si'6 Pao TOTAL BID $ 3,S64,HSZ END OF SECTION C-15 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Sewer Lift Station Improvements for Station No. 4 & No. 17 CC-1060 & 1061 July 12, 2000 Notice To All Bidders: Please note the following modification to the Project Plans, Specifications, and Technical Provisions: The mandatory pre -bid meeting and site visit as noted in Section B "Instruction to Bidders" page B-5, subsection No. 23 Pre -Bid Meeting has been changed to Friday, July 21, 2000, 9:00 am. The meeting location does not change. This. modification does not change the Engineer's Estimate or the Bid Opening date/time for this project. This is to acknowledge receipt and review of Addendum Number�one, dated July 12, 2000. Company Name T— `�- Ty '),A,41 __41 i 2x Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Steve Krieger at (714) 536-5259. ADENDUM No. 2 CC-1060 and 1061 7/26/00 Page 2 of 2 Section 16000, 1.06 SERVICE AND METERING- Paragraph D- 1. Delete the sentence entirely. 2. Delete the sentence entirely and replace with the following: Furnish all labor and material required for the electrical service. Paragraph F- Delete the sentence entirely and replace with the following: The Telephone Company serving this project is GTE. GEOTECHNICAL STUDY Add Test Boring Log B-4 to Appendix A. This modification does not change the Engineer's Estimate or the Bid Opening date/time for this project. This is to acknowledge receipt and review of Addendum number two, dated July 26, 2000. Company Name Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Steve Krieger at (714) 536-5259. 500Z Xd3 ZV:DT OOOZ/LZ/LO RY OF. HT0T EACH r: 4t j P,4, 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERIC CONNIE BROCKWAY CITY CLERK February 15 ,2002 To: J.F. Shea Construction, Inc. 667 Brea Canyon Road Walnut, CA 91789 Enclosed please find your original bid bond issued by American Home Assurance Company for CC Nos. 1060 & 1061 Connie .Brockway, CIVIC City Clerk Enclosure g:/followup/cashcon/retumbidbond.doc ( Telephone: 714-636-5227 ) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 KNOW ALL MEN BY THESE PRESENTS, that we J.F. Shea Construction,, Inc. [Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surery) American Home Assurance Company - a corporation duly organized under the laws of the State of New York as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount Bid**** Dollars ($10% of Bid**,% for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name. address and descnpnan of prolectt Sewer Lift Station Improvements for Stations No. 4 & No. 17 Cash Contract No. 1060 & 1061. Construct two new underground sewage pump stations. NOW, THEREFORE, it the Obligee shall accept the bid of the Principal and the Principal shalt enter into a Contract with the Obligee to accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Oncuments with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bored or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract' with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 26th day of July 2000 J.F. Shea Construction, Inc. �. n. (Principal) (Seal) (Witnei ss) L' Peter S. Seley (Tide) Vice President Ame n Home rance Company Surery) (Spa!) (Witness) Victori Vo6rheesl (Title) Attorney -in -Fact AIA DOCUMENT A314 $10 BOND • Ain ® • FEBRUARY 1970 EO • THE AMERICAN ------ -_ _ - _ INSTITUTE_OF ARCHITECTS, 1733 N.Y. AVE., N.W., WASHINCTON, D. C 20006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT N& 3507 She of California County of Oxange On July 26, 2000 before me, BRAD L. SZTTGAST, Notaxy Public DATE NAME. TITLE OF OFFICER - E.G- JANE DOE. NOTARY PuBUC personally appeared71txzzs NAMEM OF SWPAMsi Q personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity((es), and that by his/herldwir signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑. INDIVIDUAL CORPORATE OFFICER ❑ PARTNER(S) TITLE(5) ❑ LIMITED ❑ GENERAL Q ATTORNEY -IN -FACT. ❑ TRUSTEE(S) 1 ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEAWN(3) OR EM7TY(10) American Home Assurance Company . July 26, 2000 DATE OF DOCUMENT J.F. Shea Construction, Inc. -- SIGNER(S) OTHER THAN NAMED ABOVE VWAM710 7j" 01lr0 NATIONAL NOURYAUCC1ATM • I = Mvm1 Aw. RO. Eaa 71" 0 Can" ft& CA 913.7104 American Home Assurance Company POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Pr incipal.Bond Office: 70 Pine Street, New York, N.Y. 10270 No.88-13-034295 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a Nc,.v York corporation, and National Union Fire Insurance Company of Pittsburgh. Pa.. a Pennsylvania corporation, does each hereby appoint ---Pamela M. Hummel, Teresa I. Jackson, Victoria Voorhees: of Santa Ana, California --- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of Indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 12th day of April. 2000 before me came the above named officer of American Home assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personall} known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority of his office. this 12th day of April, 2000. ,La�vrence W. Carlstrom Senior Vice President National Union Fire Insurance Company of Pittsburgh, PA Vice President, American Home Assurance Company pubft01 Now I `�1 Ho. C2TA75 d in E3tatt% Gourrty COMMla CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of.American Home Assurance Company and National Union Fire insurance Company of Pittsburgh. Pa. on May 18. 1976: "RESOLVED. that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bonds. undertakings, recognizances and other contracts of indemnity and writings obligatory in Lhe nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business: "RESOLVED. that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to an}' certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking. recognizance or other contract of indemnity or wTiting obligatory in the nature thereof, "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof. said date to be not later than the date of delivery thereof by such Attorney -in -Fact." 1, Elizabeth M. Tuck, Secretar} of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh. Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations. and the l'o\hers of Attorney issued pursuant thereto. are true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect. IN \VITNESS IYHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation this 26th day of July 2000 KAL �µ Elizabeth ivl. Tuck, Secretary 65166 (4;!99) J. F. Shea Construction, Inc. 667 Brea Canyon Road Walnut, CA 91789 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Proposal for: Sewer Lift tation Improvements -ifor' tati - It Ons No 4 17 C SECTION C PROPOSAL for the Sewer Lift Station Improvements for Stations No. 4 & No.17 No. 4 — PCH & 17th St. No. 17 — Near the Southwest Corner of Brookhurst St. and Effingham Dr. CASH CONTRACT No. 1060 & 1061 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 270 working days including parts, equipment, and pipe delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within '10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidders Bo the amount of $ which said amount is not less than 10% of the aggregate.of the total bid price, as required.by the Notice Invitin4 Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 1 7/21/00 2 l�3 ov C-2 Prequalification Checklist to be completed by the General Contractor prior to the acceptance of the Caisson Subcontractor for Lift Station A. Required Compliance Items Bidder Initials for acceptance The caisson contractor shall be a specialist in the construction of caissons utilizing concrete rectangular shaped caisson that are positioned to their final location by excavating the in -situ soils feom the interior of the caisson. The caisson contractor shall have at least 5 years of continuous experience in the casting and placement of caissons. The caisson contractor shall have successfully completed construction activities as specified herein on a minimum of 5 concrete caissons The superintendent for the caisson contractor shall have a minimum of 4 years construction experience with caisson placement designs similar to the specified for Lift Station A. Superintendent's name, work history and telephone number shall be provided. Contractor agrees to provide a minimum of 5 project references meeting the experience criteria described herein, listing caisson owner, owner or engineer's contact person, address, telephone number and year of completion within 10 days after bid opening. Contractor agrees to provide a description and detailed photographs of the proposed equipment to be used to meet the caisson installation requirements, including quality control measures within 10 days after bid opening. V Contractor agrees to provide the caisson contractor qualifications, including a company history, contact person, address and telephone number with 10 days after bid opening. The Contractor shall demonstrate the feasibility and constructability of their proposed construction approach with adequate submittals to qualify the detailed procedure within 10 days after bid opening. Contractor shall demonstrate caisson lifting and placement, as well as excavation crane (clam shell) capacities, loading of adjacent surfaces within safe parameters and ability to achieve adequate access within the restricted confines of the site prior to approval by the Agency to proceed with construction. C-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 and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class 5014 L-T z 6GiEG. 99(, o ��e •^� A 1Z g CDA,V4>re. ��(. [ 9�-07? .644W C-A'abs FMA4.5 4 c.L, 9D LA . Q.4/47�X, Gu MS TM A 6Z4aqF ? 73'1 S 9 3 3 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County,of0kiii Los Angeles Peter S. Seley , being first duly sworn, deposes and says that he or she is vice President of J.F.Shea Construction, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly. or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. J. F. SHEA CONSTRUCTION, INC. Name of Bidder Signature of Bidder Peter S. Seley, Vice President 667 Brea Canyon Road, Walnut, CA 91789 Address of Bidder Subscribed and sworn to before me this 1st day ofAugust; , 200 0 OAR" NM Carawon 4113OU son ean000 ca.Mv - Mv Corm. 00ae Aor 14.2001 NOTARY PUBLIC NOTARY SEAL C-5 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 Sewer Lift Station Improvements for Stations No. 4 & No.17 (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. Date: August 11 2000 J. F. SHEA CONSTRUCTION, INC. Contractor q 34 By Peter S. Seley, Vice President Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, 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-7 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- insurancein accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. . Date: August 1, 2000 J. F. SHEA CONSTRUCTION, INC. Contractor By Peter S. Seley, Vice President Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. . Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-227-2600 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: J. F. SHEA CONSTRUCTION, INC. Bidder Name 667 Brea Canyon Road Business Address Walnut, CA 91789 City, State Zip ( 909 ) 595-4397 Telephone Number 769989 A State Contractor's License No. and Class November 8, 1996 Original Date Issued January 31,, 2001 Expiration Date The work site was inspected by Ray Watford & Rob DeSmith of our office on July 21 , 2000. The following are persons, firms, and corporations having a principal interest in this proposal: John F. Shea, President :Peter 0. Shea, Sr.,. Exec.Vice President Ppt-pr s_ RAipAZ. Vice President - John J..Janosik,, Vice President Jaeque L. ll, Assist. John P. Boland, Assist.Secretary C-10 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. J. F. SHEA CONSTRUCTION, INC. Company Name Signature of Bidder Peter S. Seley, Vice President Printed or Typed Signature Subscribed and sworn to before me this lstday of August: , OARALIE Call. onf 113OU W* tY Pdit — CGftMb @MvCcffm90UAPrI4.M0i Listed below are the names, address and telephone numbers for four public agencies for which the bidder has performed similar work within the past two years. One of the four references must be from a high groundwater level caisson -method construction project and one from a horizontal directional drilling project: 1 Massachusetts Water Resource Authority, 100 1st Ave., Boston, MA 02129 Name and Address of Public Agency Name and Telephone No. of Project Manager: Tony Stewart 508/877-3920 4625 LF directional boring with $57,320,700 235 vertical shaft 85% Complete Contract Amount Type of Work Date Completed 2 Massachusetts Water Resource Authority, 100 1st Ave., Boston MA 02129 Name and Address of Public Agency Name and Telephone No. of Project Manager: Allan Hoddeson 617/552-5038 Vertical Shafts and 62304 $251,000,000 LF of directional boring 75% Complete Contract Amount Type of Work Date Completed 3. City of Newport Beach,, 330 Newport Blvd., NPB, CA 92658 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mike Sinacori 949/644-3004 Below Sea Level Collection Sys. & . $1,665,150 Below Sea Level Sewage & Pump Sta. 1999 Contract Amount Type of Work Date Completed C-11 4• Orange County Sanitation District, 10844 Ellis Ave., Fountain Valley, CA 92728 Name and Address of Public Agency Name and Telephone No. of Project Manager: John Linder 714/962-2411 $2,196,376 Below Sea Level Sewage Pump Station 1999 Contract Amount Type of Work Date Completed C-12 BID SCHEDULE for SEWER LIFT STATION IMPROVEMENTS — LIFT STATIONS NO.4 AND NO.17 . tem r�wQ�an .'a: iy L�44�s""�"$. a, h..1-ass. Ex ena :fi ,yr' 6ti F.+ r-•. -r q'"1 an Uni> � . mt Ence R li ncc r Lift Station "A" Mobilization and demobilization shall 1. consist of preparatory work and operations, including, I LS* $ $ but not limited to, those necessary for the potholing of utilities as indicated on the Drawings; for the movement of personnel, equipment, supplies, and incidentals to the Project sites; for the establishment and closing of all offices, buildings, and other facilities necessary for work on the Project, preparation of contract schedule, shop drawings, and other submittals; for surveying (except as provided by AGENCY); for acquiring permits and payment of associated fees, for all other work and operations which must be performed or costs incurred prior to beginning and after completing work on the various Contract items on the Project site; and all work required for or incidental to the satisfactory completion of the Items for which separate payment is not provided under other items in the Bid Form. Lift Station "A" Sheeting and shoring shall include all 2. labor, materials, and equipment necessary for temporary I LS $ $ sheeting, shoring, and bracing or equivalent method, planning, design, engineering fees, furnishing and constructing, and removal and disposal of such temporary sheeting, shoring, and bracing, as required, complete as necessary for the Work or as required under the provisions of any permits, and in accordance with the requirements of OSHA. Payment for temporary sheeting, shoring, and bracing or equivalent shall constitute full compensation for completion of all trench shoring and bracing and lift station piles, sheeting, shoring, and bracing as required to complete the Lift Station "A" project, and all work required for or incidental to the satisfactory completion of the items for which separate payment is not provided under other items in the Bid Form. Lift Station "A" shall include all labor, tools and 3. equipment to construct the sewage lift station and 1 LS $ $ appurtenances, including but not limited to demolition and modifications; excavation and backfill; dewatering and drainage; lift station structure; valve vault structure; replacement of sidewalk, curb/gutter, driveway and Al0000 street; submersible pumps; miscellaneous piping; flow meter; valves; ducting; miscellaneous metals; painting and coatings; miscellaneous electrical controls; instrumentation; switchgear; connection to new forcemain; cleanup and testing; coordination of work with others; and all appurtenant work to construct a submersible lift station and appurtenances, complete in C-13 lace. Lift Station "A" Forcemain shall include cutting existing 4. pavement; relocation of existing utilities if required; 2,165 LF $ $ dewatering and drainage; installation of the pipeline via directional drilling; disposal of excess removed materials and drilling fluids; costs incurred for use of public water supply; restoring all existing physical features to grade, including pavement, curbs, gutters, sidewalks, driveways and any other surface restoration required by the drawings or Caltrans; cleaning and testing the pipe and all else incidental thereto for which separate payment is not provided under other Items in the Bid Form. Lift Station "A" Traffic Control shall include 5. implementing traffic control procedures as required by 1 LS $ $ Caltrans. Payment shall be at the percentage lump sum of completed work and shall include all temporary striping, restopng, barricades, signs, cones, flagpersons, generators, trucks, permits and all else incidental thereto .-_. 4j d 0 for which separate payment is not provided under other items on the Bid Form. Brookhurst/Effingham Lift Station Mobilization and 6. Demobilization shall consist of preparatory work and 1 LS* $ $ operations, including, but not limited to, those necessary for the potholing of utilities as indicated on the Drawings; for the movement of personnel, equipment, supplies, and incidentals to the Project sites; for the establishment and closing of all offices, buildings; for surveying (except as provided by AGENCY), and other facilities necessary for work on the Project, preparation �p�Joo of contract schedule, shop drawings, and other submittals; for acquiring permits and payment of associated fees, for all other work and operations which must be performed or costs incurred prior to beginning and after completing work on the various Contract items on the Project site; and all work required for or incidental to the satisfactory completion of the Items for which separate payment is not provided under other items in the Bid Form. Brookhurst/Effingham Lift Station Sheeting and Shoring 7. shall include all labor, materials, and equipment 1 LS $ $ necessary for temporary sheeting, shoring, and bracing or equivalent method, planning, design, engineering fees, furnishing and constructing, and removal and disposal of such temporary sheeting, shoring, and bracing, as required, complete as necessary for the Work or as required under the provisions of any permits, and in accordance with the requirements of OSHA. Payment for temporary sheeting, shoring, and bracing or equivalent shall constitute full compensation for S2.00� completion of all trench shoring and bracing and lift station piles, sheeting, shoring, and bracing as required to complete the Brookhurst/Effingham Lift Station project, and all work required for or incidental to the satisfactory completion of the items for which separate payment is not provided under other items in the Bid Form. C-I4 Brookhurst/Effingham Lift Station shall include all 8. labor, tools and equipment to construct the sewage lift I LS $ $ station and appurtenances, including but not limited to demolition and modifications; excavation and backfill; dewatering and drainage; lift station structure; replacement of sidewalk, curb/gutter, and street; vertical vortex pumps; miscellaneous piping; flow meter; valves; ducting; miscellaneous metals; painting and coatings; QD�� miscellaneous electrical controls; instrumentation; switchgear; connection to existing forcemain; new forcemain; exit to manhole connection; cleanup and testing; coordination of work with others; and all appurtenant work to construct a lift station and appurtenances, complete in place. Brookhurst/Effingham Lift Station Traffic Control shall 9. include implementing traffic control procedures as 1 LS $ $ required by the City of Huntington Beach and shown on the Drawings. Payment shall be at the percentage lump sum of completed work and shall include all temporary striping, barricades, signs, cones, flagpersons, --� generators, trucks, permits and all else incidental thereto Zl7 V V) a for which separate payment is not provided under other items on the Bid Form. Water Main Relocation shall include cutting existing 10. pavement; relocation of existing utilities; dewatering and 28 LF $ $ drainage; installation of the pipeline; disposal of excess removed materials; costs incurred for use of public water supply; restoring all existing physical features to grade, S pQ"' 14--1 o o including pavement, curbs, gutters, sidewalks, driveways and any other surface restoration; cleaning and testing the pipe and all else incidental thereto for which separate payment is not provided under other Items in the Bid Form. Traffic signal pull box relocation shall include removal U. of existing traffic signal pull box; installation of the new LS pull box; removal of approximately 1,500 LF of existing �vp.DO cable from the new pull box location to Hamilton r-�.. Avenue; reinstallation of the cable; testing the cable and all else incidental thereto for which separate payment is not provided under other Items in the Bid Form. *Shall not exceed 2.5% of total bid. LS shall mean Lump Sum LF shall mean Lineal Feet I/ Total Bid in Words-rUOAf /GLl oiJ S oy 4-,,Jr>gcr>- 4&uc A,ju o,JQ- TOTAL BID $ 2- &031 0 0 END OF SECTION C-15 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Sewer Lift Station Improvements for Station No. 4 & No. 17 CC-1060 & 1061 July 12, 2000 Notice To All Bidders: Please note the following modification to the Project Plans, Specifications, and Technical Provisions: The mandatory pre -bid meeting and site visit as noted in Section B "Instruction to Bidders" page B-5, subsection No. 23 Pre -Bid Meeting has been changed to Friday, July 21, 2000, 9:00 am. The meeting location does not change. This modification does not change the Engineer's Estimate or the Bid Opening date/time for this project. This is to acknowledge receipt and review of Addendum Number one, dated July 12, 2000. J. F. SHEA CONSTRUCTION# INC. Company Name BY Peter S. Seley, vice President August 1,, 2000 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Steve Krieger at (714) 536-5259. City of Huntington Beach Public Works Department ""CE1 P 2000 Main Street V ED Tel. (714) 536-5431, Fax (714) 374-1573 JUL 3 12000 ADDENDUM NUMBER TWO J.F SHEA CONSTRUCTION For Sewer Lift Station Improvements for Station No. 4 & No. 17 CC-1060 & 1061 July 26, 2000 Notice To All Bidders: Please note the following modification to the Project Plans, Specifications, Technical Provisions and Geotechnical Study: CONSTRUCTION PLANS Sheet 9 (S-2) and 10 (S-3): Replace Section 1 with the attached Section 1. Note: Notice the removal of the horizontal line in the caisson at EL—29.79, there are no detailed provisions for construction joints other than the seal slab and structural slab base keyed joints as indicated on the revised drawings. TECHNICAL PROVISIONS Section 02200, Paragraph F- 2. Delete the sentence entirely and replace with the following: The Agency or Engineer may permit that certain excavation supports remain in place, or be cut off at any specific elevation. 3. Delete the sentence entirely and replace with the following: The right of the Agency or Engineer to permit that certain excavation supports remain in place shall not be construed as creating any obligation on the Agency or Engineer to give such permission, nor shall failure to give such permission relieve the Contractor from liability for damages to persons or property occurring from or upon the work occasioned by negligence or otherwise, growing out of a failure on. the part of the Contractor to leave in place sufficient excavation supports to prevent any movement of the ground or damage to adjacent structures. ADENDUM No. 2 CC- 1060 and 1061 7/26/00 Page 2 of 2 Section 16000, 1.06 SERVICE AND METERING- Paragraph D- 1. Delete the sentence entirely. 2. Delete the sentence entirely and replace with the following: Furnish all labor and material required for the electrical service. Paragraph F- Delete the sentence entirely and replace with the following: The Telephone Company serving this project is GTE. GEOTECHNICAL STUDY Add Test Boring Log B-4 to Appendix A. This modification does not change the Engineer's Estimate or the Bid Opening date/time for this project. . This is to acknowledge receipt and review of Addendum number two, dated July 26, 2000. J.F. SHEA CONSTRUCTION, INC. 2VA Company Name By Peter S. Seley, Vice President August 1, 2000 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Steve Krieger at (714) 536-5259. �1 1 T kYl lU L! RSt'E fLl @ ' - 6F7 L'"P1 BEACH . 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 15 ,2002 To: MMC Inc. 8405 Artesia Blvd.. Buena Park, CA 90621 Enclosed please find your original bid bond issued by United States Fidelity and Guaranty Company for Sewer Lift Station Improvements for Stations #4 & #17 Connie Brockway, CIVIC City Clerk Enclosure g:/(ollowup/cashcon/ratumbidbond.doc (Telephone: 714-636-6227 ) Unitsod States Fidelity and Guaranty Company Baltimore, Maryland A Stock Company Bid Bond 0USF11Gw INSUBARCi Bond Number . 35$S.o9............... Know All Men By These Presents: That...... MMC.,..IN.C......................................................................... ............................................ of 8.4QS. AR7ES IA................................. . BUENA PARK, CA 90621 ...................................................... . as Principal, and United States Fidelity and Guaranty Company, a Maryland corporation, as Surety, are held and firmly bound unto ........................................ CJTY .OF, ldVNTINGTON ,B.EACH......................... I ....... .............................. . as Obligee, in the full and just sum of .. ,TEN PERCENT OF AMOUNT BID' .............................................................................................. Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Whereas the said Principal is herewith submitting its proposal SEWER LIFT STATION IMPROVEMENTS FOR STATIONS #4 C 27 The Condition Of This Obligation is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount 5 the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered ? 0 0 (Date) MMC, INC.ti ...............� .... _ ....... (Seal) ............................................. (Seal) UNMUISTATES ROMW AND GUARAJM COMPANY r Z� ......./........ ..... KE.LLY A. SATiAN. Atiomey-in-fact Contract 11 (6.94) f STATE OF CALIFORNIA J S.S. COUNTY OF SAN BERNARDINO ) on 1 IL' V before me, S. M. VanMossevelde, Notary Public personally appeared Kelly A. Saitman, x personally known to me; or proved to me on the basis of satisfactory evidence to be the personJE< whose name,() is/ppe subscribed to the within instrument and acknowledged to me that (. she/t2a- ) executed the same in 13ya/her/tI---�r authorized acity(ye•s•) , and that the entity upon behalf of which the perscn(ca�acted, executed the instrument. WITNESS my hand and official seal. (SEAL) S. M. VANMOSSEVELDE Commission # 1257461 Notary PubliC - California 7 Son Bernandino County t,/1yCor7lm. 6�i►es Mar 19.204 Signature of Notary Public CAPACITY CLAIMED'BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Individuals) Corporate Officers) Titles: Partners) x Attorney -in -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: and Limited General ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Number of pages: Date of document: Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. KAS/188637 Power of Attorney No. POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 21462 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters. Inc. - Certificate No. KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York. and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations dal}• organized under the laws of the State of Minnesota. and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland. and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws' of the State of Iowa. and that Fidelity and Guaranty Insurance Underwriters. Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make. constitute and appoint Charles Ray, Jay P. Freeman, Kelly A. Saitman and Richard P. Crean Ontario California of the City of . State , their true and lawful Attorney(s)-in-Fact. each in their separate capacity if more than one is named above. to sign its name as surety to, and to execute. seal and acknowledge any and all bonds. undertakings. contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 4th Janua 2000 IN WITNESS WHEREOF, the Companies have caused this instrument-to.be siened,and sealed.this.' day of ry Seaboard Surety Company 1J United States Fidelity and Guaranty Company St. Paul Fire and Marine InsurancECompany r" Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance`Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company' ` 'r �? o.vi ° Qta'nvoneit,'�, ( U �MRD27 1696 O�t y9%%JOHN F. PHINNEY. Vice President NCE State of Maryland City of Baltimore MICHAEL R. MCKIBBEN. Assistant Secretary On this 4th day of January 2000 . before me. the undersigned officer, personally appeared John F. Phinney and Michael R. McKibben. who acknowledged themselves to be the Vice President and Assistant Secretary. respectively. of Seaboard Surety Company. St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury insurance Company. United States Fidelity and Guaranty Company. Fidelity and Guaranty Insurance Company. and Fidelity and Guaranty Insurance.Underwriters. Inc.: and that the seals affixed to the foregoing instrument are the corporate seals of said Companies: and that they. as such. being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. Gp EASCFJ0 In Witness Whereof. I hereunto.set my hand and official seal. e P. RY 'JB4IC My Commission expires the lath day of July.'_002. �o qE atr REBECCA EASLEY-ONORALA. Notary Public 86203 Rev. 11-99 Printed in U.S.A. �* J 4-. ;:i✓��7;=., ra' '`:43=r'`l-aYSY�' A •u'S:.�- ay�. v e (i 9 .W L• a.! n f,i•.• ri '�' �.F:.S:-'!,'=��i`;.i"ems'`-`':;r�'•�^ ,�b. CI TY OF -^,, r-A CH. C ,CA tu :)i � i;;:, . u ID 1 L Mmc INC. 8405 Artesia Blvd., Buena Park, CA 90621 To f l4'n� �p tit f�c4 L ; .'; - a. -4: SECTION C r-1 PROPOSAL for the Sewer Lift Station Improvements for Stations No. 4 & No.17. No. 4 — PCH & 17th St. No. 17 — Near the Southwest Corner of Brookhurst St. and Effingham Dr. CASH CONTRACT No.1060 & 1061 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all Iabor, 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 270 working days including parts, equipment, and pipe delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant .expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded; the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in, executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature of 0Z �7 0 • C-2 • • Ptequalification Checklist to be completed by the General Contractor prior to the acceptance of the Caisson Subcontractor for lift Station A. Required Compliance Items Bidder Initials for acceptance The caisson contractor shall be a specialist in the construction of caissons utilizing concrete rectangular shaped caisson. that are positioned to their final location by excavating the in -situ soils from the interior of the caisson. The caisson contractor shall, have at least 5 years of continuous experience in the casting and placement of caissons. The caisson contractor shall have successfully completed construction activities as specified herein on a minimum of 5 rV concrete caissons The superintendent for the caisson contractor shall have a minimum of 4 years construction experience with caisson placement designs similar to the specified for Lift Station A. Superintendent's name, work history and telephone number shall be provided. Contractor agrees to provide a minimum of 5 project references meeting the experience criteria described herein; listing caisson owner, owner or engineer's contact person, address, telephone number and year . of completion within 10 days after bid opening. Contractor agrees to provide a description and detailed photographs of the proposed equipment to be used to meet the caisson installation requirements, including quality control measures within 10 days after bid opening. - Contractor agrees to providethe caisson contractor qualifications, including a company history, contact person, address and telephone number with 10 days after bid opening. The Contractor shall demonstrate the feasibility and constructability of their proposed construction approach with adequate submittals to qualify the detailed procedure within 10 days after bid opening. Contractor shall demonstrate caisson lifting and placement, as well as excavation crane (clam shell) capacities, loading of adjacent surfaces within safe parameters and ability to achieve adequate access within the restricted confines of the site prior _ to approval by the Agency to proceed with construction. C-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 and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License . Number Class &4frtvd 5'41VC'oi✓ - 58 q nee'?_ b1l)✓P yt�Prr0�- UN+-1AllC-T0/✓06C A-r- C11-012��cl 7 3 / 797 sq o 1 co a- d ETr e�s 4- . Cc7n rn q- c e c4 I" cpo b tV P i I I i erg' 3 oPf o S';M PLJ.F►'o-D -TNDwlrp—l'-f L itQ&C_TW '63756 1-7 Joq SaH MG 'uhcz _5+ r6un17,¢j0 cA q27c C�-� ��r ►� �c��-�`�l� e®�P �q-sa7 g 536 C � M,, -t4- AN_b SJ, pA1T*d2_"0� I S5orv6A-iZn/Z�-y S POL& DiCGi n/G, - 25�ev;cE 2-,-, q1 ZR I f p.60 Lo^6 beo.cti, c-4 40go3 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. 11 0 C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says. that he- or she is E� of I-)-f MId ZAJC- /ja-/A4t 2 '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. T "14T M E HTA Name of Bidder / Sig a e f Bidder S 40s Q'-�t o 0114. RU AAt.4r 0-19 R (0621 Address of Bidder Subscribed and sworn to before me this day of 200 b NOTARY PUBLIC MOHAN SINGH MEHTA Commission # 1156329 7 =� Notary Public - California Orange County My Comm. Expires Sep21, 2001 NOTARY SEAL C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA ..10 Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Sewer Lift Station Improvements for Stations No. 4 & No.17 (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. Date: o % �-1,.'-�-✓'�./-L -`�/'� s1�-1.i'"1i'�.%"\fit M Contractor By Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, 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? 0 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-7 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. Date: Emmi Al (M Contractor J A-T r'yl E+f-rA A �- By UU Title • C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-227-2600 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: CVct r ' By C6 Title � 20. i) Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. i during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct:.. � a r ►-'! C—HrA M C ..LAC. Bidder Name -- Business Address n G 2-) City, State Zip ( -7.1 Li ) S-2- ) — 2-o z 2- Telephone Number State Contractor's License No. and Class ,L LC m— S'-73 633s— q, C- / / Original Date Issued Expiration Date 2Qa I The work site was inspected by M�'� of our office on -7 /2 , 200d. The following are persons, firms, and corporations having a principal interest in this proposal: r,, A-M o k,q4c-11-LA - J - n-( C-"7 -. dm De 41�1 S - /14 &$1" 40-M- 9, M��777- C-10 0 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. ,m e ZN c . I JA-Y 114 E-qq T - Company Name Signature of T",q7 IY! I� H 7 q Printed or Typed Signature st Subscribed and sworn to before me this day of d" . , 200 MOHAN SINGH MEHTA Commission # 1156329 _ Notary Public - California y Orange County MY Comm. moires Sep 21, 2001 NOTARY PUBLIC NOTARYSEAL Listed below are the names, address and telephone numbers for four public agencies for which the bidder has performed similar work within the past two years. One of the four references must be from a high groundwater level caisson -method construction project and one from a horizontal directional drilling project: A Name and Address of Public Agency 2. Name and Telephone No. of Project Manager: Contract Amount. Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 Ell Name and Address of Public Agency 1 Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed • • • C-12 • 11 BID SCHEDULE for SEWER LIFT STATION IMPROVEMENTS — LIFT STATIONS NO.4 AND NO.17 'IV, fi " .o nh a Esteniied: - cn. ti ..� , an :Unr .t�YPric , Lift Station "A" Mobilization and demobilization shall 1. consist of preparatory work and operations, including, 1 LS* $ /� s 61) 3417 but not limited to, those necessary for the potholing of utilities as indicated on the Drawings; for the movement of personnel, equipment, supplies, and incidentals to the Project sites; for the establishment and closing of all offices, buildings, and other facilities necessary for work on the Project, preparation of contract schedule, shop drawings, and other submittalsJor surveying (except as provided by AGENCY); for acquiring permits and payment of associated fees, for all other work and operations which must be performed or costs incurred prior to beginning and after completing work on the various Contract items on the Project site; and all work required for or incidental to the satisfactory completion of the Items for which separate payment is not provided under other items in the Bid Form. Lift Station "A" Sheeting and shoring shall include all I1q,160 2. labor, materials, and equipment necessary for temporary 1 LS $ $ sheeting, shoring, and bracing or equivalent method, planning, design, engineering fees, furnishing . and. constructing, and removal and disposal of such temporary sheeting, shoring, and bracing, as required, complete as necessary for the Work or as required under the provisions of any permits, and in accordance with the requirements of OSHA. Payment for temporary sheeting, shoring, and bracing or equivalent shall constitute full compensation for completion of all trench shoring and bracing and _lift station piles, sheeting, shoring, and bracing as required to complete the Lift Station "A" project, and all work required for or incidental to the satisfactory completion of the items for which separate payment is not provided under other I.items in the Bid Form. Lift Station "A" shall include all labor, tools and 3. equipment to construct the sewage lift station and 1 LS $ appurtenances, including but not limitedto demolition and modifications; excavation and backfill; dewatering and drainage; lift station structure; valve vault structure; replacement of sidewalk, curb/gutter, driveway and street; submersible pumps; miscellaneous piping; flow meter; valves; ducting; miscellaneous metals; painting and coatings; miscellaneous electrical controls; instrumentation; switchgear; connection to new forcemain; cleanup and testing; coordination of work with others; and all appurtenant work to construct a submersible lift station and appurtenances, complete in C-13 lace. Lift Station "A". Forcemain shall include cutting existing 4. pavement; relocation of existing utilities if required; 2,165 LF $ $il�%� dewatering and drainage; installation of the pipeline via directional drilling; disposal of excess removed materials and drilling fluids; costs incurred for use of public water supply; restoring all existing physical features to grade, including pavement, curbs, gutters, sidewalks, driveways and any other surface restoration required by the drawings or Caltrans; cleaning and testing the pipe and all else incidental thereto for which separate payment is not provided under other Items in the Bid Form. Lift Station "A" Traffic Control shall include 5. implementing traffic control procedures as required by I LS $ $ 4q 160 Caltrans. Payment shall be at the percentage lump sum of completed work and shall include all temporary striping, restriping, barricades, signs, cones, flagpersons, generators, trucks, permits and all else incidental thereto for which separate payment is not provided under other items on the Bid Form. Brookhurst/Effingham Lift Station Mobilization and 6. Demobilization shall consist of preparatory work and I LS* $ $51'9,37$ operations, including, but not limited to, those necessary for the potholing of utilities as indicated on the Drawings; for the movement of personnel, equipment, supplies, and incidentals to the Project sites; for the establishment and closing of all offices, buildings; for surveying (except as provided by AGENCY), and other facilities necessary for work on the Project, preparation of contract schedule, shop drawings, and other submittals; for acquiring permits and payment of associated fees, for all other work and operations which must be performed or costs incurred prior to beginning and after completing work on the various Contract items on the Project site; and all work required for or incidental to the satisfactory completion of the Items.for which separate payment is not provided under other items in the Bid Form. Brookhurst/Effingham Lift Station Sheeting and Shoring IJi0 7. shall include all . labor, materials, and equipment I LS $ $136, necessary for temporary sheeting, shoring, and bracing or equivalent method, planning, design, engineering fees, furnishing and constructing, and removal and disposal of such temporary sheeting, shoring, and bracing, as required, complete as necessary for the Work or as required under the provisions of any permits, and in accordance with the requirements of OSHA. Payment for temporary sheeting, shoring, and bracing or equivalent shall constitute full compensation for completion of all trench shoring and bracing and lift station piles, sheeting, shoring, and bracing as required to complete the Brookhurst/Effingham Lift Station project, and all work required for or incidental to the satisfactory completion of the items for which separate payment is not provided under other items in the Bid Form. f is • C-14 i Brookhurst/Effingham Lift Station shall include all 8. labor, tools and equipment to construct the sewage lift 1 LS $ $ G 15 000 station and appurtenances, including but not limited to demolition and modifications; excavation and backfill; dewatering and drainage; lift station structure; replacement of sidewalk, curb/gutter, and'street; vertical vortex pumps; miscellaneous piping; flow meter; valves; ducting; miscellaneous metals; painting and coatings; miscellaneous electrical controls; instrumentation; switchgear; connection to existing forcemain; new forcemain; exit to manhole connection; cleanup and testing; coordination of work with others; and all appurtenant work to construct a lift station and appurtenances, complete in place. Brookhurst/Effingham Lift Station Traffic Control shall 9. include implementing traffic control procedures as 1 LS $ � $ 361 % 0 required by the City of Huntington Beach and shown on the Drawings. Payment shall be at the percentage lump sum of completed work and shall include all temporary striping, barricades, signs, cones, flagpersons, generators, trucks, permits and all else incidental thereto for which separate payment is not provided under other items on the Bid Form. Water Main Relocation shall include cutting existing 10. pavement; relocation of existing utilities; dewatering and 28 LF $5`00- UO - $ I 000 drainage; installation of the pipeline; disposal of excess removed materials; costs incurred for use of public water supply; restoring all existing physical features to grade, including pavement, curbs, gutters, sidewalks, driveways and any other surface restoration; cleaning and testing the pipe and all else incidental thereto for which separate payment is not provided under other Items in the Bid Form. Traffic signal pull box relocation shall include removal 65.j76O 11. of existing traffic signal pull box; installation of the new LS pull box; removal of approximately 1,500 LF of existing cable from the new pull box location to Hamilton Avenue; reinstallation of the cable; testing the cable and all else incidental thereto for which separate payment is not provided under other Items in the Bid Form. *Shall not exceed 2.5% of total bid. LS shall mean Lump Sum LF shall mean Lineal Feet Total Bid in Words ©he 12')1 l09, G0("-41uh&WS YK-1 eve�`�iOCt�Q . Sev e.tti Hu � fo-)4 y F, ue TOTAL BID $ 16S 174S' oO (1 END OF SECTION C-15 Projects Completed /1 Owner Architect/ Project Project Name Project Contract Date of Description of work Engineer engineer I Location Amount Compld ion City of Glendale Brockmeier 141 N. Glendale Ave. Consulting Trang Grandview Pump City of 800,000. 9/30/99 Pump Station, Motor Control Center, & 16"Water Pipe Glendale, Ca 91206 Engineers Nguyen Station Glendale Installation (818) 548-3997 1304 Olympic Blvd. Santa Monica, Ca 310 450-2879 City of Chino Phase I — Reservoir No. 13220 Central Ave. Ben N. Mmamide, Ben 3 Piping Project Benson Ave 108,902. 3/30/99 18" Water Pipe Installation, Valves, & Fittings Chino, Ca 91708 P.E. Mitmmid Phase 11— Reservoirs south of (909) 627-7577 City Engineer Nos/ 2 & 4 Piping Francis Ave. Projects Ca. St. University of Office of Physical Long Beach Plammg & Ted Micro Steam System Ca. St. 310,000. 12/98 Steam Line Replacement in Micro Biology Building 13.31 Palo Verde Ave. Facilities Nakasuji Replacement University Long Beach, Ca 90840 an B mower nt Tim Ball L.B. (562)985-4175 Blvd Long Beach, Ca 90840 City of Cerritos Cerritos Construction of a Sewer 18125 Bloomfield Revevelopment Erin Lift Station And Force Carmenita 417,000. 7/99 Installation of New Lift Station, Piping, & Valves Cerritos, Ca 90703 Agency Alvarez Main in Carmenita Rd (562)916-1229 18125 Bloomfield Road Cerritos, Ca 90703 562 916-1229 City of Buena Park Kobata & George Installation of steel picnic pavilion structure, electrical, 6650 Beach Blvd. Associates Nabil Picnic Pavilion at Bellis Park 8/99 plumbing, & landscaping Buena Park, Ca 90602 Henein George Bellis Park in Buena (714)562-3682 Park L.A. County Sanitation Whittier Narrows Water 1955 Workman Mill Rd Jack Reclamation Plant Whittier1/30/99 297,101. Installation of Metal Structure Whittier, Ca 90601 Shirian Nitrifrcation/Denitrifica (562) 699-5422 tion Facilities Modification Projects Completed Owner Architect/ Engineer Project engineer Project Name Project Location Contract Amount Date of Completion Description of work City of Los Angeles 433 S. Spring St. St 600 Los Angeles, CA 90013 Nager El Saheb Terminal Island Final Sedimentation Basin Piping Replacement San Pedro 557,101 Ongoing Piping Replacement ADENDUM No. 2 CC- 1060 and 1061 7/26/00 Page 2 of 2 Section 16000, 1.06 SERVICE AND METERING- Paragraph D- 1. Delete the sentence entirely. 2. Delete the sentence entirely and replace with the following: Furnish all labor and material required for the electrical service. Paragraph F- Delete the sentence entirely and replace with the following: The Telephone Company serving this project is GTE. GEOTECHNICAL STUDY Add Test Boring Log B-4 to Appendix A. This modification does not change the Engineer's Estimate or the Bid Opening date/time for this project. This is to acknowledge receipt and review of Addendum number two, dated July 26, 2000. M M C TW C-, [TAy Ma yn- Company Name By 7/ 3 1 1 100 Date All bidders must acknowledge the receipt. of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Steve Krieger at (714) 536-5259.