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BNB Engineering, Inc. - 2002-03-18 (2)
:I '. RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to after signing/dating iff CITY OF HUNTINGTON CH INTERDEPARTMENTA MUNICATION TO: Shari Freidenrich, City Treasurer ATTN: JimSlob�ojan, Deputy City Treasurer f) FROM: DATE:Z- SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No Labor and Material Bond No. (Comp4by Name) 4 Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved (Council Approval Date) Agenda Item No. City Clerk Vault No. 13 0 b ool .!� g:rjahlbondlefter. doc Recorded in Official Records, County of Orange Darlene Bloom, Clerk -Recorder WHEN RECORDED MAIL TO: IIIIIIIIII II IIIIII IIIII IIIIIIIIII II IIIIII I II II NO FEE CITY OF HUNTINGTON BEACH Office of the City Clerk 2002001146856 01:59pm 12/16/02 P.O. Box 190 — 2000 Main St. 109 79 N12 1 Huntington Beach, CA 92648 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COWIST614 n NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington r Beach, CA 92648, that -the contract heretofore awarded .to BnB Engineering, Inc. who was the company thereon for doing the following work to -wit: 1' OVERMYER RESERVOIRS 1 & 2 DEMOLITION; CC-1104, PHASE 1 This project includes the demolition of Overmyer Reservoirs Nos. 1 and 2, both located at the southwest corner of Garfield Avenue and Huntington Street, within the Public Works Water Operation Yard. That said work was completed September 20, 2002 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 September 20, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract Great America 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 September 20, 2002. 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 September 27, 2002. Director of Public WorksW City Engineer City of Huntington Beach, -California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 Recorded in Officia cords, County of Orange Darlene Bloom, Clerk -Recorder 4 WHEN RECORDED MAIL TO: I III IIIII IIIIIIIIII II IIIIIIIIII IIIIIIIIII IIII III II I II IIINO FEE CITY OF HUNTINGTON BEACH 2O02000999584 04:30pm 11/08/02 Office of the City Clerk 116 4 N12 1 P.O. Box 190 — 2000 Main St. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 NOTICE OF COMPLETION I NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to BnB Engineering, Inc. who was the company thereon for doing the following work to -wit: OVERMYER RESERVOIRS 1 & 2 DEMOLITION; CC-1104, PHASE 1 This project includes the demolition of Overmyer Reservoirs Nos. 1 and 2, both located at the southwest corner of Garfield Avenue and Huntington Street, within the Public Works Water Operation Yard. That said work was completed September 20, 2002 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 September 20, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract Great America 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 September 20, 2002. -7-;�' J /,,, � Director of Public Worltlor �ity Engineer City of Huntington Beach, C lifornia 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. A Dated at Huntington Beach, California, this September 27, 2002. A A Director of Public Works o?-City Engineer City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 RAJ G 0 v.75- •,, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 20, 2002 County Clerk -Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, 2000 Main Street, P.O. Box 190, Huntington Beach, CA 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. Sincerely, Connie Brockway, CIVIC City Clerk v Overmyer Reservoirs 1 & 2 Demolition •—'���-.s.�' Gt�-cam`` g:/fbllowup/cashoonVccnotice-lefter2002.doc (Telephone: 714-536.5227 ) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk 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 BnB Engineering, Inc. who was the company thereon for doing the following work to -wit: OVERMYER RESERVOIRS 1 & 2 DEMOLITION; CC-1104, PHASE 1 This project includes the demolition of Overmyer Reservoirs Nos. 1 and 2, both located at the southwest comer of Garfield Avenue and Huntington Street, within the Public Works Water Operation Yard. That said work was completed September 20, 2002 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 September 20, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract Great America 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 September 20, 2002. 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: 1 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 September 27, 2002. Director of Publi6-WorksW City Engineer City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 r NOTICE OF COMPLETION �+�j SUBMITTAL TO CITY CLERK'S OFFICE Please transmit this form with the Notice of Completion to the City Clerk's Office. Note: the City Clerk's Office has 10 DAYS from the COMPLETION DATE of the Project to file the Notice for recordation (per City Council Resolution No. 2002-10 adopted February 19, 2002); Please HAND CARRY to the City Clerk's Office. To: Connie Brockway, City Clerk x5404 1. Name of Company: BnB Construction 2. Contract Information: A. CC No.: 1104 B. Date Project Awarded by Council: March 18, 2002 C. Corresponding Agenda Item No.: PW 02-026 3. Date of Completion: September 20, 2002 PLEASE INCLUDE: Robert A. Martinez X-5423 Name/Extension September 27, 2002 Date Submitted to City Clerk's Office Attachment — Notice of Completion Martinez, Robert From: Brockway, Connie Sent: Tuesday, November 12, 2002 3:49 PM To: Martinez, Robert; Charlonne, Eric Cc: Ehring, Liz Subject: Notice of Completion - CC-1104 Overmyer Reservoir I have a copy of the Notice of Completion form and a copy of the transmittal letter sent to the Recorder by Jeffrey Hughes. It is marked sent to Recorder 10/3102. Normally Jeff would have sent a copy to be "conformed" by the Recorder (in addition to the original to be recorded). The copy to be conformed would normally have been returned to the Clerk's Office in 10 days or so. That is why a conformed copy is requested, as the original sometimes takes up to a month to be returned to us by the Recorder. My staff called the Supervisor of Recordings and spoke to her and another employee. There is no record of the Notice of Completion being recorded. I am sorry it was not noticed by my office that the "conformed" had not been returned to us. I can provide a copy of it with Jeffs hand written notation that he mailed it to the Recorder, but I do not think that will help. I will institute a process whereby ten days after requesting a "conformed copy," if the copy is not received my staff will check to see why. 1 understand that the matter will proceed. I would like for another Notice of Completion to be prepared and I will ensure it gets recorded, thus a recorded copy will be in the records. If this is not possible, please obtain a waiver from the City Attorney's Office advising the Notice of Completion (recording) can be skipped in order for the contractor to not be delayed as it was not his fault. Thank you. Connie Key words = cc, 1104 ID Alpha Catgy Entered Status Doc Type/No Expires Box Checkd Out rin.:.:`.::.,. vertu " e.'voir FIta#icin 9 Y. >. .:; .. „ Printout Filter: 18515 1 !41 dose Clear Filter Filter Disr)lav21 /1— 11_ O L t f 7 o 75 may, Ac 10WAeA a, � �� � C�•� ca-y, �;�-�-�' � k�r fie /Z��,�� SST 10- 03- o z BN 600�15 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk 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 BnB Engineering. Inc. who was the company thereon for doing the following work to -wit: OVERMYER RESERVOIRS 1 & 2 DEMOLITION; CC-1104, PHASE 1 This project includes the demolition of Overmyer Reservoirs Nos. 1 and 2, both located at the southwest corner of Garfield Avenue and Huntington Street, within the Public Works Water Operation Yard. That said work was completed September 20, 2002 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 September 20, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract Great America 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 September 20, 2002. Director of Public Worl or Engineer City of Huntington Beach, Ctity lifornia 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. A Dated at Huntington Beach, California, this September 27, 2002. A A Director of Public Works &<ity Engineer City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 ;, & CITY OF HUNTINGTON BEACH LN 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 4, 2002 To: BNB Engineering Inc. 2602 S. Hallady Santa Ana, CA 92705 Enclosed please find your original bid bond issued by Great American Insurance Company for ten percent of amount bid (10% of bid). Connie Brockway, CIVIC City Clerk Enclosure g:/followup/cashcont/retumbidbond.doc (Telephone: 714-536-6227 ) Bond No BID BOND The American institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we BNB ENGINEERING, INC. as Principal hereinafter called the Principal, and GREAT AMERICAN INSURANCE COMPANY 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 ofTEN PERCENT OF 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 REMOVE TWO EACH RESERVOIRS AND ABANDON PIPE 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 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 Witness Witness ORSC 21328 (5/97) 25TH day of FEBRUARY BNB ENGINEERING, INC. 2002 Principal (Scan By&-- 4- Steve R. Bieber, President 'Mn me/Ti:ie GREAT AMERICAN INSURANCE COMPANY Surety (Seal) By.. — JANIE CARMEN Attorney -in -Fact GUM ANERiCAN INSURANCE CAMPANYA 580 WALNUT STREET • CINCINNATI, OHIO 45202 . 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 13440 THREE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of;he laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contract's of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DONALD P4 SHARP ALL OF ALL BETTY JO PEACOCK VISALIA, UNLIN[ITED JANIE CANT CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to besigned and attested by its appropriate officers and its corporate seal hereunto affixed this 1st day of February , 1999 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY Pre,ident On this 1st day of . . FebrUary, 1999 before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided.in Cincinnati, Ohio, that he is. the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. � J This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be and herebyis authorized, from time to time, to appoint one ormore Attorneys -In -Fact to execute on behaUofthe Company, as surety, anyand all bonds, undertakings and icontracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority, and to revoke any such appointment at any time. . . . RESOLVED Ff1RTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or$uretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD Ci HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and seated this 25TH day of FEBRUARY 1.2002 S1029St11197) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . ,- NO-$907 State of CALIFORNIA County of TULARE On 02/25/02 before me, BETTY JO PEACOCK, NOTARY PUBLIC , DATE NAME, TITLE OF OFFICER - E.G..'JANE DOE, NOTARY PUBLIC' personally appeared JANIE CARMEN NAM(S) OF SIGNER($) ® 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized BETTY JO PEACOCK COk4M k,.-�nt3 capacity(ies), and that by his/her/their m = NOTARNCIPALC-.o;iFORNIA m signature(s)on the instrument the person(s),. '> PRINCIPAL n-10E IN TULARE S=ExpUNTY May .. or the -entity. upon behalf of which -the -oMu' cc My GortmuSs�on Ecp May 6. 2001 Y p p.erson(s). acted, executed the instrument. WITNESS my hand and. official seal. SIG F NOTARY OPTIONAL Though the data below is not required by law,-rt may prove valuable to persons relying on the documeht"ant! 'could p— ri—ev nt fraudulent rea+tachment of this form. CAPAGITY CLAIMED-BY--SIG-NER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(8) ❑ PARTNER(S) ❑ LIMITED . ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑,0TRER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYps) DES.CRIPTI-ON OP -ATTACHED DOCUMENT.. . TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUM€W SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY AA.QOCIATION - A93R RammAl Ava _ P_n. Rnr 71 AA . Canna Park CA 91309.7184 P' av-pi &Aj Goo .7S- "ieLAJ CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 20, 2002 County Clerk -Recorder P.O. Box 238 Santa Ana, CA 92702 CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, 2000 Main Street, P.O. Box 190, Huntington Beach, CA 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. Sincerely, ow-"d�' Connie Brockway, CIVIC City Clerk Overmyer Reservoirs 1 & 2 Demolition ti -C> t� g:/followup/cashcont/ccnotice-letter2002.doc (Telephone: 714536-5227) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk 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 BnB Engineering, Inc. who was the company thereon for doing the following work to -wit: OVERMYER RESERVOIRS 1 & 2 DEMOLITION; CC-1104, PHASE 1 - This project includes the demolition of Overmyer Reservoirs Nos. 1 and 2, both located at the southwest comer of Garfield Avenue and Huntington Street, within the Public Works Water Operation Yard. That said work was completed September 20, 2002 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 September 20, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract Great America 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 September. 20, 2002. 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. 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 September 27, 2002. Director of Public WodksW City Engineer City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 y y NOTICE OF COMPLETION j SUBMITTAL TO CITY CLERK'S OFFICE Hun beach• Please transmit this form with the Notice of Completion to the City Clerk's Office. Note: the City Clerk's Office has 10 DAYS from the COMPLETION DATE of the Project to file the Notice for recordation (per City Council Resolution No. 2002-10 adopted February 19, 2002); Please HAND CARRY to the City Clerk's Office. To: Connie Brockway, City Clerk x5404 1. Name of Company: BnB Construction 2. Contract Information: A. CC No.: 1104 B. Date Project Awarded by Council: March 18, 2002 C. Corresponding Agenda Item No.: PW 02-026 3. Date of Completion: September 20, 2002 PLEASE INCLUDE: Robert A. Martinez X-5423 Name/Extension September 27, 2002 Date Submitted to City Cleric's Office Attachment — Notice of Completion Martinez, Robert From: Brockway, Connie Sent: Tuesday, November 12, 2002 3:49 PM To: Martinez, Robert; Charionne, Eric Cc: Ehring, Liz Subject: Notice of Completion - CC-1104 Overmyer Reservoir I have a copy of the Notice of Completion form and a copy of the transmittal letter sent to the Recorder by Jeffrey Hughes. It is marked sent to Recorder 10/3/02. Normally Jeff would have sent a copy to be "conformed" by the Recorder (in addition to the original to be recorded). The copy to be conformed would normally have been returned to the Clerk's Office in 10 days or so. That is why a conformed copy is requested, as the original sometimes takes up to a month to be returned to us by the Recorder. My staff called the Supervisor of Recordings and spoke to her and another employee. There is no record of the Notice of Completion being recorded. am sorry it was not noticed by my office that the "conformed" had not been returned to us. I can provide a copy of it with Jeffs hand written notation that he mailed it to the Recorder, but I do not think that will help. I will institute a process whereby ten days after requesting a "conformed copy," if the copy is not received my staff will check to see why. I understand that the matter will proceed. I would like for another Notice of Completion to be prepared and I will ensure it gets recorded, thus a recorded copy will be in the records. If this is not possible, please obtain a waiver from the City Attorneys Office advising the Notice of Completion (recording) can be skipped in order for the contractor to not be delayed as it was not his fault. Thank you. Connie COPY +� • man, I • • •' ~ fi+ ia„�sda:' ,���c�asaP�„1� r,...�.nur�.;w•�a«a..•a'.a3„..r,� '-�;.w�: Key words = cc, 1104 ID Alpha Catgy Entered Status Doc Type/No Expires Box Checkd Out 1851:5 .SN 6Q075 f}5I2312Qg2IN !18/U2 BN&Eri' ineerin" °irtic, n' er",m e7K,eserir Rehabilit'afi Project : Printout Filter: 18515 A Close' Clear Filter Filter Displav i JT la3/oz L4, . ✓G�, %�'�'�'� „ fir-�a- Z SST 10-03-0z �N 600,1s WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk 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 BnB Eg ineering, inc. who was the company thereon for doing the following work to -wit: OVERMYER RESERVOIRS 1 & 2 DEMOLITION; CC-1104, PHASE 1 This project includes the demolition of Overmyer Reservoirs Nos. 1 and 2, both located at the southwest corner of Garfield Avenue and Huntington Street, within the Public Works Water Operation Yard. That said work was completed September 20, 2002 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 September 20, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. - That upon said contract Great America 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 September 20, 2002. Director of Public Wor or 0ity Engineer City of Huntington Beach, C lifomia 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. A Dated at Huntington Beach, California, this September 27, 2002. Director of Public Works 0-Gity Engineer City of. Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 cc� o Brockway, Connie // Y To: Martinez, Robert; Charlonne, Eric Subject: Notice of Completion - CC-1104 Overmyer Reservoir I have a copy of the Notice of Completion form and a copy of the transmittal letter sent to the Recorder by Jeffrey Hughes. It is marked sent to Recorder 10/3/02. Normally Jeff would have sent a copy to be "conformed" by the Recorder (in addition to the original to be recorded). The copy to be conformed would normally have been returned to the Clerk's Office in 10 days or so. That is why a conformed copy is requested, as the original sometimes takes up to a month to be returned to us by the Recorder. My staff called the Supervisor of Recordings and spoke to her and another employee. There is no record of the Notice of Completion being recorded. I am sorry it was not noticed by my office that the "conformed" had not been returned to us. I can provide a copy of it with Jeffs hand written notation that he mailed it to the Recorder, but I do not think that will help. I will institute a process whereby ten days after requesting a "conformed copy," if the copy is not received my staff will check to see why. I understand that the matter will proceed. I would like for another Notice of Completion to be prepared and I will ensure it gets recorded, thus a recorded copy will be in the records. If this is not possible, please obtain a waiver from the City Attorney's Office advising the Notice of Completion (recording) can be skipped in order for the contractor to not be delayed as it was not his fault. Thank you. Connie r %1 ...................... �3ra x y ^���&nton ...._._. Key words = cc, 1104 ID Alpha Catgy Entered Status Doc Type/No Expires Box Checkd Out 18515 BN600.75 05/2312002 3/18/02'BNB Engineering, Inc Overmyer,Reservoir-,Rellabllitation :1Probe >s Phase CC=104 j r. Printout Filter: 18515 Clear Filter Filter Disvlav 11-11-02- 7--as 4;y�� ,Aev 4 m `` C,tase �� ,GD fi tee. �� R )LET 10- 03- 0 z �N 600,15 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk 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 BnB EngineeringLInc. who was the company thereon for doing the following work to -wit: OVERMYER RESERVOIRS 1 & 2 DEMOLITION; CC-1104. PHASE 1 This project includes the demolition of Overmyer Reservoirs Nos. 1 and 2, both located at the southwest comer of Garfield Avenue and Huntington Street, within the Public Works Water Operation Yard. That said work was completed September 20, 2002 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 September 20, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract Great America 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 September 20, 2002. Director of Public Wor or ity Engineer City of Huntington Beach, C lifomia 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. A Dated at Huntington Beach, California, this September 27, 2002. A n WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 Director of Public Works &City Engineer City of.Huntington Beach, California City of Huntington Beach [OLD INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Robert A. Martinez DATE: November 12, 2002 SUBJECT: Retention Release Payment Company Name: BnB Engineering, Inc. Address: 2602 E. Halladay Street City, State and Zip Code: Santa Ana, CA 92705 Phone Number: (7-14) 641-3745 Business License Number: A124472 Exp. 5/03 Local Address: Same as above Notice of Completion Date: Contract Purpose: 10% Retention Release for CC-1104, Phase 1 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 4w- Date subject at thi time. Robert F. Beardsley, Public Works Director I certify that there are no outstanding invoices Date file. , City Treasurer certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. ///y//z - Date Connie Brockway, Cjfy'Clerk Retention Release Memo 11/12/2002 5:06 PM CITY OF riUNTINGTON BEACH REQUEST FOR LEGAL SERVICES Gail Hutton, City Attorney RE 1VED NOV 2 5 2002 a 7 ' O &.F Q_TiNGTON R;:eni, RLSNo. aooa— 3 Assn To S L Date DZ Date: Request made by: Telephone: OFF epartment: 11/13/02 Robert A. Martinez X-5423 Public Works INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ❑ Opinion ❑ Stop Notice ❑ Resolution ❑ Lease ® Bond ❑ Meeting ❑ Contract/Agreement ❑ Deed ❑ Court Appearance ❑ Insurance ❑ Other: Is Request for Preparation of Contract form attached? ❑ Yes ® No Are exhibits attached? ® Yes ❑ No Unless otherwise specified herein, I If not for Council action, consent the disclosure of the If for City Council action, desired completion date: in ntairld in this RLS to all memb he buncil. Agenda Deadline Council Meeting 11/20/02 natureDepartment Head COMMENTS Please review and approve "As To Form" the attached Maintenance Bond No. 5437733 furnished by BnB Engineering, the contractor for the Demolition of Overmyer Reservoirs No. 1 & 2; CC 1104, Phase I. T 3 Attachments: = 1. One Year Maintenance Bond, No. 5437733 < > -- 2. Certificate of Fact / Company Profile i ls'1 Routing: ❑ GC ❑ PDA ❑ LB ❑ SL ❑ JF ❑ ADL ❑ SF ❑ JM ❑ This Request for Legal Services has been assigned toattorney , extension�S'— .His/her secretary is _ %� , extensio a%-O 3. Notes: File Name: Date Completed: WP No.: ❑ Shaded areas for City Attorney's Office use only. 01 a f.,r 1 v, KA.;., a,,.,a 11 11111DnM 9.99 DRA RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to Cl�v C CaA after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobojan, Deputy City Treasurer FROM: 0 , DATE: b -2- SUBJECT: Bond Acceptance I have received the bonds for B B f n�o JI-.— . : (Com y Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. IJo.543-)-133 CC No. I l o q--- ? Lj,� I MSC No. Approved (Council Approval Date) Agenda Item No. City Clerk Vault No 13 0 6 0015' g:fjah/bondietter.doc Bond No. 5437733 GREATAMEWCAN. INSURANCE COMPANIES MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, BNB ENGINEERING, INC. as Principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio and duly authorized to transact business in the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the sum of FIFTEEN THOUSAND, EIGHT HUNDRED SIXTY-FOUR AND 16/100 ($15,864.16) DOLLARS, for the payment whereof well and truly to be made, and Principal and the said Surety, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 5TH day of NOVEMBER , 2 002 WHEREAS the Principal and the Obligee have entered into a written agreement dated the 18TH day of MARCH , 2002 , for DEMOLITION OF OVERMYER RESERVOIRS 1&2 CC-1104, PHASE I the terms of which agreement were completed and accepted the 1 ` ay of 5CPrr4k P ,5�(Z aa5� ;and WHEREAS the Principal has given a ONE year maintenance guarantee under said agreement or otherwise against defective materials and workmanship. NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly comply with such guarantee, then this obligation to be void; otherwise it shall remain in full force. PROVIDED that no right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein; and PROVIDED FURTHER that the Surety shall have no liability under this bond unless the Obligee shall give written notice of claim of the Principal's failure to comply with such guaranteed to the Surety at its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202 such notice to be given within the ONE year year maintenance period. BNV ENGINEERING, INC. c Principal Countersigned: Steve R. Bieber GREA RICAN INSURANCE COMPANY By: By: Resident Agent Attorney -in -Fact IE CARMEN F.9607D (3/00) APPROVED AS TO FORbf .GAIL HUTTON, City Attorney Py, _ Deputy City Attorney GUM jVVERICA; INSURANCE COMPANY 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 13440 THREE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DONAID P.'iSHARP ALL OF ALL BETTY JO PEACOCK VISALIA., UNLIMITED JANIE CARMEN CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and Its corporate seal hereunto affixed this 1st day of February , 1999 Attest F I,,lgaw S'c'a-. STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 1st day of February, 1999 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. 1:3AUREEN DOUGHERTY NOTARY PUBLIC, STATE OF OHIO A,lY CO„ 1,r11SS103`I EXPIRES 03-12-05 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be and herebyis authorized, from time to time, to appoint one ormoreAttorneys-In-Fact to execute on behalfofthe Company, as surety, anyand all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretyship, orother written obligation in thenature thereof, such signature and seal when so used beingherebyadopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 5TH day of NOVEMBER 2002 S1029S (II/97) `4 ll�lll1./I"1./lllrfllJlllll/lllllllfllr./i�1!!l!!ll1..rl1111/�Jlll-�lJl1l./lllJ,n CALIFORNIA State of K►1 • of, TULARE On 11/05/02 before me, BETTY JO PEACOCK, -NOTARY PUBLIC t DATE . NAME, TITLE OF OFFICER.- E.G, JANE DOE, NOTARY PUBLIC personally appeared JANIE CARMEN NAME(S) OF SIGNER($) D personally known to me - OR - ❑ proved to me on the basis -of satisfactory evidence to be the persoii(s) whose name(s) is/are subscribed to the .within Instrument and ac- knowledged to me that he/she/they executed the same In his/her/their aittho-r.ized capacity(les), and that by his/her/their. BETTYJOPEACOCK signature(s) on the Instrument the person(s),-. N Conan.#1360220 �. or the entity. upon beha-If Of which. 'the M,°�'"" C. person(s). acted, executed the instrument. IUY CowUPIaEs ME a. zoos W WITNESS my hand and official seal. SlGegm OF NOTARY OPTIONAL: Thought a data pelow is n q Ired by law, m y prove valuable to persons relying or the document aril could prevent fraudulent reattschment of thir form. - - = - - -- -- - CA -PAC ITY••ELAIME-U-BYSIGN-Ell -- ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) •❑ LIMITED ❑ GENERAL 13 -ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR - ,.OT*ER: SIGNER IS REPRESENTING: NAFAR OF PERSON(S) 08 EM•ITY(IES) -DES•CRN?TION-OF-ATTAC• .iED.DOCUM.ENT. TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8238 Remmet Ave.. P.O. Box 7184 t Canoga Park CA 91309-7184 i Company Profile Pagel of 2 Company Profile I ns"�n`ce GREAT AMERICAN INSURANCE COMPANY 580 WALNUT ST CINCINNATI, OH 45202 800-724-7722 Former Names for Company Old Name: AMERICAN CONTINENTAL INSURANCE COMPANY Effective Date: 12-06-1976 Old Name: SELECTIVE INSURANCE COMPANY Effective Date: 06-15-1972 Old Name: MANUFACTURERS & MERCHANTS INDEMNITY CO. Effective Date: 09-05-1956 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 16691 NAIC Group #: 0084 California Company ID #: 1301-1 Date authorized in California: October 17, 1945 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: OHIO Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the log ssary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT http://www4.insurance.ca.gov/wu/idb_co_prof utl.get_co_prof?p_EID=3259 11/13/2002 'Company Complaints Page 1 of 2 Company Complaint of Information Insumm: GREAT AMERICAN INSURANCE COMPANY 580 WALNUT ST CINCINNATI, OH 45202 800-724-7722 Company Performance In compliance with California Insurance Code § 12921.1, the California Department of Insurance conducted a Consumer Complaint Survey of all admitted insurance carriers. The company performance table provides the type of complaint, total complaints, number of justified and question -of -fact complaints, and those in neither category, the balance. Justified complaints often require additional review, as violations of California insurance laws may exist. Line of Coverage Type of CQm faint Total Complaints Number of Justified mplaints Number of Question -of -Fact Balance ComIllaints 1998 19" 2000 1998 19" 2000 1998 19" 2000 1998 19" 2000 Commercial Auto claims 0 1 1 0 0 0 0 1 1 0 0 0 ommercial Multi -Peril laims 3 1 2 1 0 0 0 0 1 2 1 1 omril mercial Multi-Peng-Underwriting ti 1 0 0 0 0 0 1 0 0 0 0 0 ersonal Auto laims 0 0 2 0 0 0 0 0 1 0 0 1 ersonal Auto tmg-Underwriting 1 I 1 1 01 01 01 01 0 0 0 1 1 0 urety and Fidelity laims 11 21 01 01 01 01 01 11 01 11 11 0 If complaint data does not appear for this company, this link will provide you with an explanation. Comparison Data The information below is for complaints closed for 1998-2000 for this insurance company. These figures are from California Department of Insurance's Consumer Complaint Survey of all admitted California insurance carriers. The table provides the Justified Complaint Ratio, Market Share, Complaint Share, and Index for this company, grouped by the line of coverage the company was authorized to sell in 1998-2000. To compare this company's complaint ratio with another's, print this page and the other company's page. Year Dine of Cover agg m 1Justified Ratio Market Share Complaint Share Index 000 Commercial Auto .00 .209 .00 .00 1999 Commercial Auto 00 .146 .00 .00 http://www4.insurance.ca.gov/wu/CAS CMPL CMPR UTL.CMPLNTS AND COMP... 11/13/2002 Company Profile Page 2 of 2 DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents JFA Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in M, Area Financial Rating Organizations Last Revised - October 29, 2002 01:45 PM Copyright © Califomia Department of Insurance Disclaimer http://www4.insurance.ca.gov/wu/idb_co-Prof ut1.get_co_prof9p_EID=3259 11/13/2002 Company Complaints Page 2 of 2 1998 lCommercial Auto .00 .185 .00 .00 000 ommercial Multi -Peril .00 .305 .00 .00 1999 ommercial Multi -Peril .00 .322 .00 .00 1998 ommercial Multi -Peril .11 .317 3.85 12.11 000 Surety and Fidelity .00 2.430 .00 .00 1999 Surety and Fidelity .00 2.345 .00 .00 1998 urety and F deli .00 2.430 .00 .00 000 orkers Corn ensation .00 .102 .00 .00 If complaint dgta does not appear for this company, this link will provide you with an exnlanation The Department's Consumer Hotline handled 422,364 calls related to general insurance questions in 2000. During this same period, the Consumer Hotline and Market Conduct Branch opened 30,624 complaints that were received in the mail or by calling the Hotline. As a result of the Consumer Services and Consumer Communications staffs mediation efforts, policyholders have recovered $26,432,604. Last Revised - October 29, 2002 01:45 PM Copyright © California Department of Insurance Disclaimer http://www4.insurance.ca.gov/wu/CAS_CMPL CMPR UTL.CMPLNTS AND COMP... 11/13/2002 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 3, 2002 Darlene J. Bloom County Clerk -Recorder P.O. Box 238 Santa Ana, CA 92702 CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, 2000 Main Street, P.O. Box 190, Huntington Beach, CA 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. Sincerely, Connie Brockway, CIVIC City Clerk /jh Enclosure: Notice of Completion — BNB Engineering, Inc.— CC No. 1104, Phase 1 —Overmyer Reservoirs Demo g:/followu p/cashconttccnofice-lefter2002.doc (Telephone: 714-536-5227 ) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk 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 BnB Engineering, Inc. who was the company thereon for doing the following work to -wit: OVERMYER RESERVOIRS 1 & 2 DEMOLITION; CC-1104, PHASE 1 This project includes the demolition of Overmyer Reservoirs Nos. 1 and 2, both located at the southwest corner of Garfield Avenue and Huntington Street, within the Public Works Water Operation Yard. That said work was completed September 20, 2002 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 September 20, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract Great America 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 September 20, 2002. Director of Public Worl or ity Engineer City of Huntington Beach, C lifomia 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 September 27, 2002. A 4 A Director of Public Works ol<ity Engineer City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 Su Ity NOTICE OF COMPLETION SUBMITTAL TO CITY CLERK'S OFFICE Hunt o Beach' Please transmit this form with the Notice of Completion to the City Clerk's Office. Note: the City Clerk's Office has 10 DAYS from the COMPLETION DATE of the Project to file the Notice for recordation (per City Council Resolution No. 2002-10 adopted February 19, 2002); Please HAND CARRY to the City Clerk's Office. To: Connie Brockway, City Clerk x5404 1. Name of Company: BnB Construction 2. Contract Information: A. CC No.: 1104 r B. Date Project Awarded by Council: March 18, 2002 C. Corresponding Agenda Item No.: PW 02-026 3. Date of Completion: September 20, 2002 PLEASE INCLUDE: Robert A. Martinez, X-5423 Name/Extension September 27, 2002 Date Submitted to City Clerk's Office Attachment — Notice of Completion 13 ZI R, &,Vt),p V�, �f0 CITY OF HUNTINGTON BEACH s D'MV� W?6W Vv" MEETING DATE: March 18, 2002 / DEPARTMENT ID NUMBER: PW 02-026 Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's gnature Council Meeting Date: March 18, 2002 Department ID Number: PW 02-026 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION C o SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS �-�`-=- I o --+ SUBMITTED BY: RAY SILVER, City Administrator QaJ q ;4 79 PREPARED BY: OBERT F. BEARDSLEY, Director of Public Works4l"I ? QY x> SUBJECT: Award Phase I and Adysi4ffire Phas@ 2 Overmyer Reservoi?s Rehabilitation Project; CC-1104 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Formal bids were received for Phase I of the Overmyer Reservoirs Rehabilitation Project. Staff is recommending award to the lowest responsible/responsive bidder. Additionally, bid documents for Phase 2 are in final preparation and will be ready for bid upon approval by the Director of Public Works. Fundinq Source: Funds in the amount of $7,500,000 are budgeted in the Water Master Plan Fund, Overmyer Reservoir Account No. 50791007.82100. r 1. AccW to WAVO re6parw4Wr*spw*d* bW tip by 00 arc, mil, C�Iti#i�►1it f1U"�}bRlir� Tt M>41on MID Cl y cLwF To x c F A CorliYlALfi felt 11%E Ov�KN�yFK tt s��tVO1R RFNoVA"�aN pJZ-� t I CC — Il6yi AND 2. Authorize the Director of Public Works to expend a total of $194,502, which includes the bid award of $158,642, plus supplemental expenditures; �-7 GA C M��-M Mar 1$ debow (overmpyrrr rehab).dw ,0 3OW 1:12 PU REQUEST FOR ACTION MEETING DATE: March 18, 2002 DEPARTMENT ID NUMBER: PW 02-026 3. $q-64 CooTmwpm Uo-nt- C6M?tT1TNVk- WA6V Rksov D — polAkl`% 1N 60 Phjs''_ Alternative Action(s): Forego approval of the construction contract for Phase 1, the demolition of Reservoirs 1 and 2 and direct staff on how to proceed with the project. 2. Deny the request to advertise the construction contract for Phase 2 of this project, and provide staff with alternate direction. Such action(s) will delay needed repairs for this critical reservoir facility, and compromise water storage capacity as determined by the adopted Water Master Plan. Analysis: The City of Huntington Beach owns and operates Overmyer Reservoirs Nos. 1, 2, and 3 (OV1, OV2, and OV3, respectively). They are located at the southwest corner of Garfield Avenue and Huntington Street, within the Public Works Water Division Yard (Attachment 1). OV1 and OV2 have a combined capacity of 2.7 million gallons (MG). OV3 has a capacity of 21.5 MG. These reservoirs provide critical operating and reserve storage of potable water for the City. OV1 and OV2 were built in 1960 and 1963, respectively. OV3 and the associated booster pumping station were constructed in 1971. In June 2001, City Council approved a professional services contract with Richard Brady and Associates (RBA) for detailed engineering design services for the rehabilitation of the Overmyer Reservoirs Facility. The project was divided into two phases. Phase 1 is the demolition of OV1 and OV2. Phase 2 is the rehabilitation of OV3. A comprehensive Project Schedule is provided as Attachment 2. Construction is being scheduled to allow for the demolition of OV1 and OV2 to be completed prior to construction mobilization for Phase 2. This will provide a construction staging area for the Phase 2 work. Construction documents for Phase 2 are nearly complete, and authorization to advertise for competitive bids is also requested as part of this Council action. On January 22, 2002, City Council authorized the Director of Public Works to request bids for Phase 1 of the Overmyer Reservoirs Rehabilitation Project, CC-1104. At that time, staff advised that they would return to Council for authorization to advertise for Phase 2 construction. GAR C A\2002\02-026 Mar 18 debow (Overmyer rehab).doc � 3/7/02 12:35 PM REQUEST FOR ACTION MEETING DATE: March 18, 2002 DEPARTMENT ID NUMBER: PW 02-026 On February 26, 2002, six bids for Phase I were received and publicly opened by the City Clerk, as follows, by order of least dollar amount: ➢ BNB Engineering, Inc $158,641.64 ➢ T & M Construction $188,330.00 ➢ Harber Comp, Inc. $214,000.00 ➢ American Demo $226,700.00 ➢ Dennis Lorton & Associates $256,831.35 ➢ Romberg Excavation $272,712.71 The engineer's estimate for this Phase 1 construction was $170,000. In addition to our request to award a construction contract for the Phase 1 work, staff is also requesting authorization to advertise for competive bids for Phase 2 at this time. The engineer's estimate for Phase 2 is $7,200,000. Public Works Commission Review: On January 16, 2002 the Commission reviewed and supported staffs request to advertise both Phase 1 and Phase 2 for bids, by a vote 5-0-2. Environmental Status: The Overmyer Reservoirs Rehabilitation Project has been determined to be Categorically Exempt, pursuant to the California Environmental Quality Act, Section 15302(c). Plans and Specifications: Plans, specifications and other bid documents are available for review from the Public Works Engineering Division or the City Clerk. RCA Author: D.DeBow:jm GAR C A\2002\02-026 Mar 18 debow (Overmyer rehab).doc -pr 3/7/02 12:45 PM 3 ATTACHMENT #1 CITY OF HUNTINGTON BEACH OVERMYER RESERVOIR 'REHABILITATION VICINITY MAP PROPOSED PROJECT SITE Q 0 0 �, E4$S N GARFIELD CLAY ATTACHMENT #2 OVERMYER RESERVOIR REHABILITATION DESIGN AND CONSTRUCTION 0Task 2002 2003 J F M A M il Jj A S O N D J F M A M J J A S O N D J ID Name Duration Start Finish 1 j Phase I (OV1 and OV2 Demolition) ; 136 days , Mon 214102 1 Fri $19102 ® i Council Authorization to Advertise 0 days ; Mon 214102 j Mon 214102 w4 2 _; .--__Thu__2i7/02 Tue 3/5023 4 ® Open Bids 0 days ; Tue 3/5102 Tue 315/02 + 3/6 5 ®i Bid Review Period 6 days 1 Tue 315102 , Tue 3f12102 ® Bid Rward (by Councr!} 0 days Mon 3/18/02 I Mon 3/18/02 ♦ 3/18 6 7 ® Contract Execution Period I 24 days Tue 3119/02 ( Fri 4119102 8 ® Notice to Proceed 0 days Mon 4/29/02 ; Mon 4129/02 ♦ 4129 ® Construction Duration Completion Dale 75 da s , 0 days Mon 4I29/02 -Fri 819l02 Fri 8/9102 Fri 8/9/02 eK:, ♦ 819 9 10 ; Phase II (OV3 Rehabilrtafion) 396 days ; Mon 616102 Mon 11110/03 11 12 ®__-----___.--- -_----_.--_.---..._.._.--_---_-__ Council Authorization to Advertise 0 days ; Mon 516/02 Mon 5/6102 ♦ §!6 ® Advertising Period 24 days i Thu 5191021 Tue 6111/02Es 13 Open Bids 0 days Tue 6/11/02 j Tue 6111102 . 6111 14i 15 - Bid Review Period 7 days Mon 6110102 ; Tue 6118/02 ® BidAward b Council (y ) 0 days ! . _-.._- Mon 7115102 Mon 7115102 ♦ 7J16 16 17 - _ ------------------------- - ---- -- Contract Execution Period i ---' - ---- -- 21 days] ----------z- Mon 7/15/02 1 Mon 8112/02 + 18 ® Notice to Proceed 0 days Tue 8113/02 i Tue 8/13102 ♦ 8113 Construction Duration 325 da s Y Tue 8/13/02 Mon 11/10/03 19 20 ® Completion Date 1 0 dayst Mon 11/10/03 ; Mon 11110103 ♦ 11/10 CITY OF HUNTINGTON BEACH Task 7 1 -7R Milestone ♦ Summary DEPARTMENT OF PUBLIC WORKS Thu 2/28/02 Page 1 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Overmyer Reservoirs Rehabiltation; CC-1104 COUNCIL MEETING DATE: March 18, 2002 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 Unbud et, 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 EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial G2r� City Clerk tr= ��— EXPLANATION FOR RETURN OF ITEM: f/,"/) X—L'11- A .9oc3 Author: D.DeBow TO FROM: CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION Connie Brockway, City Clerk Linda Daily, Principal Analyst SUBJECT: Late Communication Item E-7 DATE: March 18, 2002 OF. 00IMIC� ME'''"'",r" ^� CONNP& :�:. _.:SAY, CITYCLMW nos �-7 Please revise the recommended action in item E-7, Overmyer Reservoir, to read: 1. Accept the lowest responsive/responsible bid submitted by BNB Engineering Inc, Santa Ana, California and authorize the Mayor and City Clerk to execute a contract for the Overmyer Reservoir Renovation Phase 1, CC-1104; and 2. Authorize the Director of Public Works to expend a total of $194,502, which includes the bid award of $158,642, plus supplemental expenditures; 3. Approve the plans and specifications and authorize the Director of Public Works to request bids for Phase 2 of the Overmyer Reservoirs Rehabilitation Project, CC-1104. Thank you. LATE COMMUNICATION ITEM E-7 Late Communication FROM : Orchid PHONE NO. : Mar. 18 2002 02:49PM P1 18 March 2002 a � Honorable Mayor Debbie Cook CO and Members of the City Council 0 2000 Main Street N - Huntington Beach, California 92648 0 Subject: 18 March 2002 City Council Meeting Agenda Item E-7 — Overmyer Reservoir Bids Dear Mayor Cook, Agenda Item E-7 is a recommendation to award Phase 1 of the Overmyer Reservoir Rehabilitation Project and authorize the Director of Public Works to request bids for Phase 2. Phase 1 is a $160,000 demolition contract; Phase 2 is a $7.2M construction contract.. At the last council meeting Council directed Staff to prepare a report relative to the subject of "prevailing wages." No specific date was established for submittal of that report to council. believe that when you study that report you will conclude that an ordinance should be passed, as has been done by other charter cities--Irvine--for example, to not require that "prevailing wages" be paid on projects that are funded by municipally generated funds. The Overmyer project falls into that category. Although I believe that money would have been saved had Phase 1 of the Overmyer project not required that "prevailing wages" be paid, I do not suggest that the project be delayed in order to re -bid on a "non -prevailing wage" basis. The potential dollar saving is probably relatively small. The savings on the $7.2M part of the project, on the other hand, could be very large. Accordingly, I recommend that this evening Council agree to award the Phase 1 program now, but not authorize Public Works to go out for bid on the $7.2M construction part of this project until the issue of "prevailing wages" has been resolved_ In looking at the multi -year schedule provided as a part of Agenda Item E-7 it is clear to me that a month or so delay in the award of Phase 2 is not critical. Sincerely yours, Chuck Sch /id cc: City Administrator �nT� WM�iciav e-� rt�Lb I x — c.� �wLL_� Q >JQUI W ti Q CV W I C= N BNB ENGINEERING INC. 2602 S. HALLADAY STREET SANTA ANA, CA 92705 TO: CITY OF HUNTINGTON BEACH WATER DIVISION DEMOLOTION OF OVERMYER RESERVOIRS NO. 1 AND No. 2 CONTRACT # CC-1104: Phase I KLa.�; D.;�`'� + t :. � x� ti ,:- ...5ui 4 � � �,:� t -;7 •�" jyi �,, r ,.tr3y':,,� r+ t� v:.t., a rt+ S.,r 1' Sf-` rti _P ,* -t $,•'� u�' r _v_7n 'S�.;lvo t #_t ak !�.'•:. .+a; '�7.�y �`� `��i°,, '=" �".:,��-`ix �•�, x a - � K.� a ^'�``�,'>ti � � ' .v �. o rot• 'i �#`� ..r' J- V i:,". L L. i V L U 0 1 IfY C L E Fldi CITY OF HUNTINIGTON BEAN, CA 200Z FEB 2b P 1: sq i0 :z d, q Z 933 7001 vyn,V39 woigHlINPH JO A113 Al 10 -4 A c1-F4f- clfi CC-1104 DEMOLITION OF OVERMYER RESERVOIRS NO. 1 AND NO.2 FEBRUARY 26, 2002 @ 2:00 PM (Engineer's Estimate: $170,000) BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. AMERICAN DEMO `i $ 226 eo oa 2. AMERICAN WRECKING $ 3. B N B ENGINEERING $ 158r 6 q1- 6 q 4. DENNIS LORTON & ASSOC. 5 $ 296, 931.35 5. ECOLOGY CONSTRUCTION $ 6. ELCO CONSTRUCTION $ 7. HARBER COMP., INC. 3 $ 211/ 000.00 8. PAULUS ENGINEERING, INC. $ 9. PENHALL COMPANY $ IO.ROMBERG EXCAVATION 6 $ 2721-7t 2 .71 1 LSHARMA CONTRACTORS, INC. $ 12. T & M CONSTRUCTION $ 1 %$, 330. 00 $ Bid List 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: February 7, 2002 February 14, 2002 February 21, 2002 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on February 21 2002 at Costa Mesa, California. Signature NOTICE INVITING SEALED .BIDS for the City of Huntington Beach Water Division Demolition of Overmyer Reservoirs No. 1 and No. 2 CONSTRUCTION CONTRACT No. CC-1104: Phase I In the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNT- INGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, Cali- fornia 92648, up to the hour of 2:00 P.M. on February 26, 2002. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications and con- tract documents are available from the Office of • Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $35.00 nonrefundable fee if picked up, or payment of a $50.00 nonrefundable fee if mailed. Any contract entered into pursuant to this no- tice will incorporate the provisions, of the State Labor Code. Pursuant to the provisions of the La- bor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those de- termined by the Director of Industrial Relations of the State of California, which are on file at the Office of the ' Director of Public Works, 200C Main Street, Huntington Beach, CA 92648. The AGENCY will de• duct a 10% retentior from all progress pay. ments. The Contractoi may substitute ar escrow holder surety o equal value to the reten tion in accordance witt the provisions of the Cat ifornia Govern so. Code, Section II b . The Contractor of the beneficial ow II receive surety and /interNCY hereby ensures ty business will be af- pportunity to In response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex,.or religion in any consideration leading to the award of contract. No bid shall be con- sidered unless it is prepared on the ap- proved Proposal forms 'in conformance with the Instructions to Bidders. The bid must be ac- companied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bid- der shall be licensed in ,accordance with provisions of the Busi- ness and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contrac- tor and his subcon- tractors .vill be required to poss ass business licenses from the AGENCY Pursua-it to the amended Public Con- tract Code Section 3400, Contractors are required to submit all substitution requests for equal mate- rials or systems prior to award of the contract during a period specified ;n the bid documents. Nd substitution re- quests will be con- sidered after award of contract. Project Description: The work generally in- cludes the demolition of Overmyer Reservoirs No. 1 and No. 2 in the City of Huntington Beach. The project schedule is 75 working days. The engineer's es- timate for the work is ap- proximately $170,000. Prospective bidders are required to attend a pre -bid walkthrough of the project at 0:00 am on February 15, 2002, convening at the Water Operations Center Con- ference Room located at 19001 Huntington Street; Huntington Beach, Ca. The AGENCY re- serves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 22nd day of January, 2002 Attest: Connie Brockway, CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Independent February 7, 14, 21, 2002 022-745 SECTION A NOTICE INVITING SEALED BIDS for the City of Huntington Beach Water Division Demolition of Overmyer Reservoirs No. 1 and No. 2 CONSTRUCTION CONTRACT No. CC-1104: Phase I in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on February 26, 2002. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $35.00 nonrefundable fee if picked up, or payment of a $50.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Pursuant to the amended Public Contract Code Section 3400, Contractors are required to submit all substitution requests for equal materials or systems prior to award of the contract during a period specified in the bid documents. No substitution requests will be considered after award of the contract. Project Description: The work generally includes the demolition of Overmyer Reservoirs No. 1 and No. 2 in the City of Huntington Beach. The project schedule is 75 working days. The engineer's estimate for the work is approximately $170,000. Prospective bidders are required to attend a pre -bid walkthrough of the Project at 9:00 am on February 15, 2002, convening at the Water Operations Center Conference Room located at 19001 Huntington Street; Huntington Beach, Ca. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, this 22nd day of January 2002._ Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 Hughes, Jeffrey From: Hughes, Jeffrey Sent: Friday, February 01, 2002 9:36 AM To: DeBow, Debbie Subject: RE: Overmyer Reservoir Demolition: CC-1104 Hi Debbiedebow - You meant 2/7, etc, etc ... like we talk about before... right? No need to answer ... I'm going to publish the Feb 7th, 14th, and 21 st... Jeffrey -----Original Message ----- From: DeBow, Debbie Sent: Friday, February 01, 2002 9:30 AM To: Hughes, Jeffrey; Lux, Laura Cc: DeBow, Debbie Subject: Overmyer Reservoir Demolition: CC-1104 Hi there! Attached is the Notice Inviting Bids for this project. Jeffrey, could you please make sure that it gets published in the Independent on 2/17, 2/14, and 2/21 ? Laura, could you please make sure it gets published in the Green Sheet, Dodge Report, etc, BEGINNING on 2/7, and runs through 2/21? If this is a problem for either of you, please let me know. 1 really appreciate your help! << File: NoticelnvitingBidsCC-1104.doc >> Hughes, Jeffrey From: DeBow, Debbie Sent: Friday, February 01, 2002 9:30 AM To: Hughes, Jeffrey; Lux, Laura Cc: DeBow, Debbie Subject: Overmyer Reservoir Demolition: CC-1104 Hi there! Attached is the Notice Invitinq Bids for this project. Jeffrey, could you please make sure that it gets published in the Independent on 2/17, 2/14, and 2/21 ? Laura, could you please make sure it gets published in the Green Sheet, Dodge Report, etc, BEGINNING on 2/7, and runs through 2/21? If this is a problem for either of you, please let me know. I really appreciate your help! NoticeInvitingBidsC C-1104.doc ,w, T a, _ k• &AM3 00) b(V� fY OF HUNTINGTON BEAC► MEETING DATE: January 22, 2002 DEPARTMENT ID NUMBER: PW 02-013 Council/Agency Meeting Held: 1I- 22.- 02 Deferred/Continued to: A roved ❑ Conditional) Appr ved ❑ D ied bet -'City CI 's Signature Council Meeting Date: January 22, 2002 Department ID Number: PW 02-013 CITY OF HUNTINGTON BEACH a x REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY C UNCI MEMBERS -�� SUBMITTED BY: RAY SILVER, City Administrator -��� s PREPARED BY: ROBERT F. BEARDSLEY, Director of ublic Works C 00 SUBJECT: Authorize Advertisement for the Overmyer Reservoirs Rehabilitation Project (Phase 1); CC-1104 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Plans and specifications for the Overmyer Reservoirs Rehabilitation Project (Phase 1) are in final preparation and will be ready for bid upon approval by the Director of Public Works. Staff requests permission to advertise for competitive bids. Funding Source: Funds in the amount of $7,500,000 are budgeted in the Water Master Plan Fund, Overmyer Reservoir Account No. 50791007.82100. Recommended Action: Motion to: Approve the plans and specifications and authorize the Director of Public Works to request bids for Phase 1 of the Overmyer Reservoirs Rehabilitation Project, CC-1104. Alternative Action(s): Deny the request to advertise construction contracts for Phase 1 of this project, and provide staff with alternate direction. Such action will delay needed repairs for this critical reservoir facility, and compromise needed storage capacity. r G:\R C A\2002\02-013 Jan 22 De Bow (Overmyer).doc 4- 1/9/02 5:01 PM 1 REQUEST FOR ACTION MEETING DATE: January 22, 2002 DEPARTMENT ID NUMBER: PW 02-013 Analysis: The City of Huntington Beach owns and operates Overmyer Reservoirs Nos. 1, 2, and 3 (OV1, OV2, and OV3, respectively). They are located at the southwest corner of Garfield Avenue and Huntington Street, within the Public Works Water Division Yard (See Vicinity Map, Attachment 1). OV1 and OV2 have a combined capacity of 2.7 million gallons (MG). OV3 has a capacity of 21.5 MG. These reservoirs provide critical operating and reserve storage of potable water for the City. OV1 and OV2 were built in 1960 and 1963, respectively. OV3 and the associated booster pumping station were constructed in 1971. In June 2001, City Council approved a professional services contract with Richard Brady and Associates (RBA) for detailed engineering design services for the rehabilitation of the Overmyer Reservoirs Facility. Since that time, RBA has worked very successfully with City staff to prepare plans and specifications for this project. The final report and recommendations have been received. The design criteria established for this project became the foundation for the report section entitled Basis of Design Report. During the design process, serious consideration was given concerning the economics of rehabilitating OV1 and OV2. Ultimately, it became clear that it was not cost effective to rehabilitate these two relatively small reservoirs; that, if critical, it would be more economical to recover this storage (2.7 MG) at a new facility. A thorough discussion and economic evaluation in support of the demolition of OV1 and OV2 is provided as Appendix B of the Basis of Design Report (Attachment 2). Demolition of the two reservoirs would allow for a construction staging area for the reconstruction of OV3, resulting in additional construction cost savings. For this reason, the project was divided into two phases; Phase 1: demolition of OV1 and OV2; and Phase 2: rehabilitation of OV3. Construction is being scheduled to allow for the demolition of OV1 and OV2, which will be completed prior to construction mobilization for Phase 2. A comprehensive Project Schedule is provided as Attachment 3. Construction documents for Phase 1 are nearly complete, and authorization to advertise for competitive bids is requested at this time. Advertising for Phase 2 is scheduled to allow for completion of the Phase 1 activities. Staff will return to Council for authorization to advertise for Phase 2 construction at that time. The engineer's estimate for both phases of this project is $7,400,000. Public Works Commission Review: A Public Works Commission request for action was prepared for the regularly scheduled meeting of January 16, 2002. The Commission's recommendation, which is not available GAR C A\2002\02-013 Jan 22 De Bow (Overmyer).doc 1/9/02 4:57 PM .2- REQUEST FOR ACTION MEETING DATE: January 22, 2002 DEPARTMENT ID NUMBER: PW 02-013 as of this writing, will be available to the City Council at the time action is required on this item. Environmental Status: The Overmyer Reservoirs Rehabilitation project has been determined to be Categorically Exempt, pursuant to the California Environmental Quality Act, Section 15302(c). 1. Vicinity Map 2 `Background/Justification for the Abandonment and Reclamation of the Overmyer Reservoir No. 1 and 2 Land Area "Basis of Design Reporf', Exhibit B; prepared by Richard Brady and Associates; dated January 11, 2002 3. Proiect Schedule RCA Author: D.DeBow:jm GAR C A\2002\02-013 Jan 22 De Bow (Overmyer).doc 4- 1/11/2002 4:25 PM ATTACHMENT #1 CITY OF HUNTINGTON BEACH OVERMYER RESERVOIR REHABILITATION VICINITY MAP PROPOSED PROJECT SITE W m w 0 a Q 0 0 u- �1 _ �v11 / Itlli N wwat GARFIELD ATTACHMENT #2 APPENDIX B BACKGROUND/JUSTIFICATION FOR THE ABANDONMENT AND RECLAMATION OF THE OVERMYER RESERVOIR NO.1 AND 2 LAND AREA FOR ALTERNATE USES BY THE DEPARTMENT OF PUBLIC WORKS, WATER DIVISION Original Concept The existing 1.0 million gallon (MG) Overmyer Reservoir No. 1 was placed into service in 1960. The existing 1.5 MG Overmyer Reservoir No. 2 was placed into service in 1963. Due to seismic structural inadequacies (with respect to conforming to current design codes) identified in a rehabilitation alternatives study prepared by CGvL in May 2000, the existing roof systems were identified for replacement. The cost of this work was estimated at $863,000. New Concept Do not perform any additional rehabilitation work on these smaller reservoirs. Instead, demolish the roofs and columns, restore the reservoir "footprints" to grade, and use this area for other Water Division uses, which may include maintenance, storage, and parking. Summary Summary of the major reasons to reclaim the Overmyer No.1 and No. 2 "Footprints": 1. The City's total storage volume will be minimally impacted. 2. Operations will be improved. 3. The roof rehabilitation cost ($0.35/gallon) of the work is not good value (i.e., compared with $0.06/gallon for Overmyer No. 3). 4. The size of the expanded Overmyer Booster Pump Station is no longer constrained by Fire Department access requirements. 5. More staging area will be available for the Overmyer No. 3 rehabilitation work. 6. Landfill charges for 3,500 CY can be saved. 7. Approximately 1 acre of land can be reclaimed ($750,000 value). 8. Existing roof material can be processed on site and used as fill. 9. Pumping operations will be more efficient and less energy will be consumed. 10. "Lost" reservoir volume can be more cost effectively added to other reservoir projects. 11. Fewer, larger reservoirs are preferred over numerous, smaller reservoirs. Richard Brady & Associates &"l C . er a* Mom, 3asis of Design Report — Final Revised January 11, 2002 Page 2 of 5 Justification 1. The City's total storage volume will be minimally impacted. When the reservoirs were originally constructed in the early 1960's, the storage volumes represented the entire (100%) operational and emergency storage for the City of Huntington Beach. Since these reservoirs were constructed, the City has embarked on a program of constructing considerably larger reservoirs (16 MG Peck, 21.5 MG Overmyer No. 3,9 MG Edwards Hill, proposed 9 MG Springdale, and proposed 10 MG Southeast sizes) to provide the desired level of operational and emergency storage at fewer sites that are strategically located throughout the distribution system. The current storage volume provided by Overmyer No. 1 and No. 2 (2.5 MG) now only represents only 5% of the City's total storage volume. Once the new 9 MG Springdale Reservoir is placed into service in 2002, this contribution will drop to 4%. 2. Operations will be improved. The Overmyer No. 1 and No. 2 high water elevation is 1.5 lower than Overmyer No. 3. The reservoir depth in these reservoirs is only 19.5 feet, compared to 47 feet in Overmyer No. 3. Consequently, the storage volumes of Overmyer No. 1 and No. 2 provide very little in the way of operational flexibility and storage for the Overmyer and Reservoir Hill Pump Stations. 3. The roof rehabilitation work is not good value. At the estimated cost of $863,000, the cost of the roof rehabilitation work alone is $0.35/gallon. This cost is greater than the incremental per gallon cost (approximately $0.25-30) of new reservoir construction. The estimated cost of the roof rehabilitation work for Overmyer No. 3 is only $0.06/gallon (due to the economics of scale). 4. The size of the expanded Overmyer Booster Pump Station is no longer constrained by Fire Department access requirements. If the reservoirs are abandoned and this area is restored to grade, the "footprint" of the expanded Overmyer Booster Pumping station would no longer be constrained by Fire Department access requirements. At the present time, the access route between the Overmyer and Reservoir Hill pump stations is somewhat tight, and will become more constrained due to the larger building planned for the rehabilitated pump station. However, if the two reservoirs are removed, then unlimited access is available from the north. Therefore, the layout of the expanded pump station can Richard Brady & Associates &.d "ea..az�,.�;o,. M,ti„y 3asis of Design Report — Final Revised January 11, 2002 Page 3 of 5 provide additional space for equipment layout. 5. More staging area will be available for the Overmyer No. 3 rehabilitation work. The construction of Overmyer No. 3 will be a difficult process due to the constrained site. Very little space is available for contractor lay down, equipment and material storage, and staging operations. Reclaiming the Overmyer No. 1 and No. 2 "footprints" will provide the necessary staging area that will allow the more cost effective construction of the Overmyer No. 3 rehabilitation work. If this area is not available, the Contractor will be obligated to stage his/her operations off site, which will involve double handling of supplies and contribute to reduced work productivity. 6. Landfill charges can be saved. Restoring the existing reservoir floors back to elevation of the existing perimeter paved roads will require the import and placement of approximately 3,500 cubic yards (CY) of fill material. Various departments within the City of Huntington Beach are annually burdened with the need to dispose materials in landfills that instead could be used for disposal as fill at Overmyer No. 1 and No. 2. The landfill charges for 3,500 CY (approximately 350 fully loaded trucks) can be saved. 7. Valuable land can be reclaimed. Using conservative land value estimates for commercial/industrial property located in the City of Huntington Beach, approximately 1 acre of land can be reclaimed for other uses, at an approximate value of $750,000. 8. Demolition materials can be processed and used as fill; landfill charges can be saved. Additionally, the existing roofs originally were planned for replacement, which would first require these roofs be removed and disposed in landfills. If the "footprints" are to be reclaimed, then this material can be processed on site and used as fill within the reservoir "hole". The cost of disposal can be saved, landfill space will be saved, and the associated truck traffic through the community can be eliminated. Richard Brady & Associates ez d C.A.U. t4"V,, 3asis of Design Report — Final Revised January 11, 2002 Page 4 of 5 9. More efficient pumping operations. Pumping operations will be more efficient and less energy will be consumed if both the Overmyer No. 3 and Reservoir Hill Pump Stations are served at the higher Overmyer Reservoir No. 3 hydraulic gradient. 10. Add "lost" storage more cost effectively to other reservoir projects. If the reservoir volume lost in the abandonment of Overmyer No. 1 and No. 2 is deemed necessary, then this volume could either be added to an expanded Overmyer No. 3, or incrementally and more cost effectively added to the new future planned 10 MG Southeast reservoir proposed at the Edison Property in the southeast area of the City. This incremental volume could be added to the proposed new Southeast Reservoir at an estimated cost of $0.25-30/gallon, as compared with a cost of $0.35/gallon to capture this volume now with the rehabilitation of these two reservoirs. Capturing a portion of this volume (1.6 MG) in Overmyer No. 3 would cost approximately $0.50/gallon. 11. Reduce the number of facilities to be maintained. Operations and Maintenance operations will be simplified with fewer, larger reservoirs to operate daily and maintain annually. Reservoirs are inherently difficult and potentially unsafe structures to enter and exit on repeatable intervals. Areas of rescue are limited. Fewer, larger reservoirs are preferred over numerous, smaller reservoirs. The Overmyer No. 1 and No. 2 structures represent 33% of the structures, yet only 4% of the storage volume. Estimated cost savings and other value to the City are summarized in Table B-1. Richard Brady & Associates e441 a ea..V. Hm'g-, Sasis of Design Report — Final Revised January 11, 2002 Page 5 of 5 TABLE B-1 ESTIMATED COST SAVINGS No. Justification Cost Savings/Value 1 City total storage volume will be minimally impacted $0 2 Operations will be improved Less energy consumption 3 Roof rehabilitation is not good value $595,000 4 Overmyer BPS footprint not constrained Improved accessibility 5 More staging area for Overmyer No. 3 $40,000 6 Landfill charges can be saved (3500 CY) $35,000 7 Land can be reclaimed $750,000 8 Process demolition materials (300 CY) $5,000 9 More energy efficient Less energy consumption 10 Add "lost" storage more cost effectively $250,000 11 Reduce the number of facilities to be maintained $10,000/year END OF REPORT Richard Brady & Associates e�"l ems,. M, ATTACHMENT #3 OVERMYER RESERVOIR REHABILITATION DESIGN AND CONSTRUCTION 2002 120 ID Task Name Duration Start Finish J F M A M J J A S O N D J F M A M J J A S O N D J 1 Phase 1(OV1 and OV2 Demolftlon) 135 days Mon 2/4/02 Fri 8AM02 € 2 - --- ® - -- ---- --- --- -- -- - ------------------------ Council Authorization to Advertise ------------ - - - 4 - 0 days - ---- ----+ -- Mon 2/4/02 ; - - Mon 2/4/02 ♦ 2J4 3 ®i Advertising Period - ---- 19 days Thu 2/7/02 , Tue 315102 4 f Open Bids - 0 dI ays Tue 3/5/02 Tue 3/5/02 ; ♦ 3/5 5 ® Bid Review Period 6 days Tue 315/02 Tue 3/12/02 6 1 Bid Award (by Council) i 0 days ; Mon 4/1 /02 T Mon 4/1 /02 ♦ 4/1 7 ®i Contract Execution Period I - - 21 days Mon 4/1/02 - Mon 4/29/02 8 ® ' Notice to Proceed i 4/29/02 ♦ 4129 8/9 = ♦ � 9 ® Construction Duration 75 days! Mon 4/29/02 Fri 8/9/02 10 ® Completion Date 0 days Fri 8/9/02 j i Fri 819/02 11 --------t-------------------- ---------------------------- --- --- ----------- ---- _ ;Phase If (OV3 Rehabilitation) 396 days ; Mon 5/8/022' — --- - ----- Mon 11/10103 12 ----days --- /02--------- ® Council Autiwrizati----ar�--to---Advertise------- - ------ 0 days ; Mon 5/6l02 Mon 5/6/02 13 ®- - +----Advertisi Period - - Advertising ---------24 days ys 5/9/02 ; ------------------------- ! Tue 6/11/02El 8M1 14 ® Open Bids 0 days Tue 6/11/02 Tue 6/11/02 15 ------- ® - - - - -- - - - - - - --- --- Bid Review Period � --dada-+ ------------- -- -+ 7 days ; Mon 6✓10/02 Tue 6/18/02 16 ®----- Bid Award (by Council) --- --;dada---=--- -- dada- 0 days Mon 7/1-5 02 Mon 7/15/02 . 7M5 17 ® Contract Execution Period ------- ____--------------- f-------- - 21 days : _________________r Mon 7/15/02 ; Mon 8/12/02 -- _ - -- ---- s ♦ 8/13 18 ®-- Notice to Proceed 0 days Tue 8/13/02 1 Tue 8/13/02 =- --- ; dada----�-dada-- 1 Construction Duration ratxxt 325 days!,Tue 8/1 2 3/0 M 11 1 on / Oro3 20 ®--�-- Completion Date- -dada-- ---_ — --- -0 days Mon 11/10/031 Mon 11/10/03 ♦ 11/10 CITY F H NTIN T N B O U G O EACH Task Milestone Summary DEPARTMENT OF PUBLIC WORKS Page 1 4 je 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: May 22, 2002 TO: BNB Engineering, Inc. Name 2602 S. Holladay Street street Santa Ana, CA 92705 City, State, Zip ATTENTION: Steve Bieber DEPARTMENT: REGARDING: CC-1104 Phase I See Attached Action Agenda Item E- 7 Date of Approval 3 / 18 / 0 2 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds x Insurance x RCA Deed Other CC: R. Beardsley DPW X x x x Name Department RCA Aveemeot Insurance Other E. Charlonne DPW x x x x Name Department RCA Av-mmt Insurance Other S. Freidenrich Tress. x x Name Department RCA Agreement Insurance Other Name RCA AV -mat Insurance Other Department _C. Mendoza Risk Memt x x Name Department RCA Insarartce (Telephone: 714.636.6227) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BNB ENGINEERING, INC. FOR DEMOLITION OF OVERMYER RESERVOIRS 1 & 2 M- —1104 PH SE 1 1 %Tt} THIS AGREEMENT ("Agreement") made and entered into this day of -A i MKR eA 20 02 by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and BNB ENGINEERING, INC. , a California CORPORATION hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as DEMOLITION OF OVERMYER RESERVOIRS 1 & 2 ) GG i/04 in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/rev 10-18-01 1 the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms/city const/rev 10-18-01 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/forms/city const/rev 10-18-01 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed ONE HUNDRED FIFTY EIGHT THOUSAND SIX HUNDRED FORTY ONE DOLLARS AND SIXTY FOUR CENTS Dollars ($ 15R IF 641 .64 ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to SEVENTY completion within FIVE ( 75) consecutive WORKING DAYS from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agreetformstcity consttrev 10-18-01 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agreeHorms/city const/rev 10-18-01 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. 'WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city const/rev 10-18-01 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of ONE THOUSAND Dollars ($ 1,000.00 ) 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 damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/forms/city const/rev 10-18-01 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. , CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agree/forms/city const/rev 10-18-01 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) 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. 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. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agreetforms/city const/rev 10-18-01 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/forms/city const/rev 10-18-01 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city const/rev 10-18.01 11 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. CITY shall be reimbursed for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. agree/forms/city const/rev 10-18-01 12 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is agree/forms/city const/rev 10-18-01 13 provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as 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. 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; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right agree/forms/city const/rev 10-18-01 14 to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city const/rev 10-18-01 15 23. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 'h %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 24. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 25. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 26. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government. Code. agreetforms/city const/rev 10-18-01 16 27. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 28. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: ERIC CAAR7ANm 2000 Main Street Huntington Beach, CA 92648 agree/forms/city const/rev 10-18-01 17 TO CONTRACTOR: 2602 HOLLADAY SANTA ANA, CA 92705 29. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 30. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 31. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 32. ATTORNEY'S FEES Except as expressly set forth in Section 18, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, agree/forms/city const/rev 10-18-01 18 such that the prevailing party shall not be entitled to recover its attorney's fees from the non - prevailing party. 33. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 34. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 35. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/rev 10-18-01 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 36. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 37. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 38. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 39. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/rev 10-18-01 20 of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 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 BNB ENGINEERING, INC. By:Att=� a . STEVE BIEBER print name ITS: (circle one) Chairm residen ice President ND By: Paul M. Bieber print name ITS: (circle on Secret hief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: Ci Administrator agreefforms/city const/rev 10-18-01 21 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California lald" Mayor ATTEST: 4�00� City Clerk dr. u-n APPROVED AS TO FORM: A�gCity Attorney 2 I T AND A VED: Director of Public Works Bond # 5437733 PAYMENT BOND PREMIUM INCLUDED IN PERFORMANCE BOND The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition). Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): BNB ENGINEERING, INC. GREAT AMERICAN INSURANCE COMPANY 2602 SOUTH HALADAY STREET 1350 TREAT BLVD., STE. 210 SANTA ANA, CA. 92705 APPW�7-:'�Ittorney OR�I T WALNUT CREEK CA 94596 C'<Lttorney OWNER (Name and Address): CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA. 92648 CONSTRUCTION CONTRACT Date:MARCH 18, 2002 Amount: $158,641.64 Description (Name and Location): DEMOLITION OF OVERMYER RESERVOIRS 1 & 2.CC-1104, PHASE I BOND Date (Not earlier than Construction Contract Date):May 9, 2002 Amount: $158,641.64 Modifications to this Bond: ® None ❑ See Page 2 CONTRACTOR AS PRINCIPAL Company: BNB ENGIINEER. .'G, INC. SURETY (Corporate Seal) Company: GREAT AMERICAN INSURANCE COMP. � e Signature- _ II __ // g w Signature: Name and Title:Steve R. Bieber, President (Any additional signatures apoear on page 2.) (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: SHARP INSURANCE & BONDING 303 N. WEST ST. VISALIA, CA 93291 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incor- porated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construc- tion Contract, provided the Owner has promptly notified the Con- tractor and the Surety (at the address described in Paragraph 12) of any claims; demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: Name and T (Corporate Seal) OWNER'S REPRESENTATIVE (Architect, Engineer or other party): C 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with sub- stantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fur- nished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Con- tractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. ORIC 22114 (7.93) Page 1 of 2 5 If a notice required by Paragraph 4 is given _ .he Owner to the Con- tractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed . 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construc- tion Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Perfor- mance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obli- gations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, pur- chase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Con- tract, whichever of (1) or (2) first occurs. If the provisions of this MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph are void of , .nibited by law, the minimum period of limi- tation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limi- tation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdic- tion where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Con- struction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) SURETY (Corporate Seal) Company: Signature: Signature: Name and Title: Name and Title: Address: Address: Page 2 of 2 GUM AR ERICAN INSURANCE COMPANY 580 WALNUT STREET • CINCINNATI, OHIO 46202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 13440 THREE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name DONALD P. SHARP BETTY JO PEACOCK JANIE CAFRIEN Address ALL OF VISALIA, CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. Limit of Power ALL UNIJ24ITED IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 1st day of February , 1999 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 1st day of February, 1999 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one ormore Attorneys -In -Fact to execute on behalfofthe Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,• to prescribe their respective duties and the respective limits of their authority, and to revoke any such appointment at any time. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretyship, orother written obligation in the nature thereof, such signature and seal when so used being herebyadopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and scaled this 9TH day of MAY 2002 S1029S (I1/97) f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of CALIFORNIA County of TEE On 05/09/02 before me, E.J. CARMEN, NOTARY PUBLIC , DATE NAME, TITLE OF OFFICER . E.G..'JANE DOE, NOTARY PUBLIC - personally appeared BETIY JO PEACOCK NAME(S) OF SIGNER(S) ' ® 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their T- Quo °`� •••� E.J. CARMEN signature'(s) on the instrument the person(s), Q COMM.01223136 CO3 D the entity upon behalf of which the m ® NOTARY PUBLIC-CALIFORNIA -� PRINCIPAL OFFICEINperson(s) acted, executed the instrument. TULARE COUNTY -+ `' •`' My Commission Exp. June 29, 21>033 WITNESS my hand and official seal. SIGNATURE 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 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 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7164 Bond # 5437733 PREMIUM: $3,380.00 PERFORMANCE BOND The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition) Any singular reference to Contractor, Surety, Owner or other parry shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): BNB ENGINEERING, INC. CITY OF HUNTINGTON BEACH 2602 SOUTH HALADAY STREET 2000 MAIN STREET SANTA ANA, CA. 92705 HUNTINGTON BEACH, CA. 92648 CONSTRUCTION CONTRACT / � SURETY (Name and Principal Place of Business): MARCH 18, 2002 APPROVED AS TO FO?',i:�cV GREAT AMERICAN INSURANCE COMPANY Date: GALL ITJ TCIT C, - (,"Jo__, 1350 TREAT BLVD., STE. 210 Amount: $158,641.64 By: Deps j City _ -�torney WALNUT CREEK CA 94596 Description (Name and Location): DEMOLITION OF OVERMYER RESERVOIRS 1 & 2.CC-1104, PHASE I BOND Date (Not earlier than Construction Contract Date): MAY 9,2002 Amount: $158,641.64 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) BNB E:vGINEE , INC. A Signature: ZLI�� Name and Title: Steve R. Bieber, President (Any additional signatures appear on page 2.) (FOR INFORMATION Only- Name, Address and Telephone) AGENT or BROKER: SHARP INSURANCE & BONDING 303 N. WEST VISALIA, CA 93291 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to par- ticipate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default/ the Surety's obligation under this Bond shall arise after. 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is con- sidering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Con- tract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and Surety have received notice as provided in Subparagraph 3.1; and ® None SURETY ❑ See Page 2 Company: (Corporate Seal) GREAT AMERICAN INSURANCE C 7 v�', ��' Signature: Name and Title: BETTY VE2�ZCK,� Y IN FACT OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and com- pletion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or oRsc 22119 (10-93) Pagel of 2 4.4 Waive its right to perform and complete, w, iange for completion, Or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its Obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defec- tive work and completion of the Construction Contract; 6.2 Additional legal design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are speci- fied in the Construction Contract. actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall riot be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: accrue on this Bond to ai., person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of tame, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Con- tractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) SURETY Company: Address: Address: Name and Title: Name and Title: (Corporate Seal) Signature: Signature: ORSC 22119 (10-93) Page 2 of 2 GUM A CRICAN INSURANCE COMPANY* 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 13440 THREE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name DONALD P. SHARP BETTY JO PEACOCK JANIE CARMEN Address ALL OF VISALIA, CALIFORNIA Limit of Power ALL UNL=TED This Power of Attorney revokes all previous powers issued in behalf of the attorneys) -in -fact named above. IN WITNESS W HEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 1st day of February , 1999 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 1st day of Febnxary, 1999 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one ormore Attorneys -In -Fact to execute on behalfofthe Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, • to prescribe their respective duties and the respective limits of their authority, • and to revoke any such appointment at any time. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretyship, orother written obligation in the nature thereof, such signature and seal when so used being herebyadopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manuallyaffixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 9TH day of MAY 2002 S1029S (II/97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 59o7 State of CALIFORNIA County of TULARE On 05/09/02 before me, E.J. CARMEN, NOTARY PUBLIC , DATE NAME. TITLE OF OFFICER . E.G., •JANE DOE, NOTARY PUBLIC' personally appeared B= JO PEACOCK NAME(S) OF SIGNER(S) ® 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their � d .'`'• :' < W E.J. CARMEN b03 signature(s) on the instrument the person(s), ¢ COMLt.#1223136 03 or the entity upon behalf of which the gNOTARY PUBLIC-CALIFORNIA co 'O PRINCIPAL E OFFICE COUNTY -acted, executed the instrument. m TULARE COUNTY � person(s) °.,., •• My Commission Exp. June 29, 2003 WITNESS my hand and official seal. SIGNATURE 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 SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLE(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANXONSERVATOR ❑ 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 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR BNB ENGINEERING INC. TABLE OF CONTENTS Paee No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. DEFAULT & TERMINATION 15 23. TERMINATION FOR CONVENIENCE 16 24. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 25. NON -ASSIGNABILITY 16 26. CITY EMPLOYEES AND OFFICIALS 16 27. STOP NOTICES 17 28. NOTICES 17 29. SECTION HEADINGS 18 30. IMMIGRATION 18 31. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 32. ATTORNEY' S FEES 18 33. INTERPRETATION OF THIS AGREEMENT 19 34. GOVERNING LAW 19 35. DUPLICATE ORIGINAL 19 36. CONSENT 20 37. SURVIVAL 20 38. Modification 20 39 ENTIRETY 20 jmp/contracts group/city const/1/30/02 SECTION C PROPOSAL for the City of Huntington Beach Water Division Demolition of Overmyer Reservoirs No. 1 and No. 2 CONSTRUCTION CONTRACT No. CC-1104: Phase I 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 75 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of ine 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. Not less Accompanying this proposal of bid, findBidders Bond in the amount of $ than 10% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", ar "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 C-2 Project Bid Schedule A City of Huntington Beach Water Division Demolition of Overmyer Reservoirs No. 1 and No. 2 Bid Items Item No. Description Cost 1. Lump Sum Items: Complete construction of the Overmyer Reservoirs No. 1 and No. 2 demolition, including all items of work required by these Specifications and Drawings, excepting the work described in Bid Schedule Item 2, for the lump sum amount of: $ 151 , 034.66 2. Shoring, Sheeting, and Bracing as required by Section 02050, paragraph 1.3(E) of these specifications, for the lump sum amount of. $ 7,608.98 Total Bid Price (Items 1 and 2) $158,641.64 (IN NUMBERS) TOTAL BID PRICE IN WORDS: One hundred fifty eight thousand six: -hundred fourty one dollars & 64/100 The owner reserves the right to reject any or all proposals. C-3 LIST OF SUBCONTRA..:TORS 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 Asphalt Work Hardy & Harper 1312 E. Warner Ave Santa Ana, Ca 92705 # 215952 A Asphalt Work S & J Supply 18921 Watson Cypress, CA 90630 # 477381 C-12 Saw u';t.Continential Cutting Concrete Cutting 2201 E. Winston Road, Ste D Anaheim,CA # 704858 C614-D06H 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 N uNCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Steve R ,,Bieber , being first duly sworn, deposes and says that -he. or she is President of BNB Engineering 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. Steve R. Bieber Name of Bidder d)-' (, Signature of Bidder 2602 S. Halladay Street Santa Ana, CA 92705 Address of Bidder Subscribed and sworn to before me this .2(o day of are , 2002 NOTARY PUBLIC C-5 COURTNEY CONNER COMM. #1244603 My Comm Expires Dec. 17, 2003 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 Demolition of Overmyer Reservoirs No. 1 and No. 2; CC-1104; (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: 9/26/01 C-6 BNB Engineering Inc. Contractor �Z, K, By Steve R. Bieber President Title DISQLtiLIFICATION QUESTIONNA1xcE 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 M No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPEN nATION INSURANCE CERTIFiLCATE 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: 9/26/01 C-8 BNB Engineering, Inc. Contractor By Steve R. Bieber President Title 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 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor I1 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: BNB Engineering,Inc. Bidder Name 2602 S. Halladay Street Business Address Santa Ana, CA 92705 City, (714 ) 641-3745 Telephone Number 620582 A/HAZ State Contractor's License No. and Class May 31, 1991 Original Date Issued May 31, 2003 Expiration Date State Zip The work site was inspected by Steve Bieber of our office on 9/ 19 , 2001. The following are persons, firms, and corporations having a principal interest in this proposal: 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. Signature of Bidder Steve R. Bieber Printed or Typed Signature Subscribed and sworn to before me thisglip day of fwa!rJ , 200L . COURTNEY CONNED H COMM. #1244603 U NOTARY PUBLIC - CALIFORNIA ( (� �y ORANGE COUNTY � NOTARY PUBLIC { hAl/1i1 t 1 hnM1n g My Comm. Expires Dec.17, 2ttos NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: l A City of Huntington Beach Name and Address of Public Agency Huntington Beach, CA Name and Telephone No. of Project Manager: Eric Charlonne 714-536-5431 $ 164,306.00 Fiber -Optics H.Beach 04/98 Contract Amount Type of Work Date Completed 2 Olson Company Name and Address of Public Agency Name and Telephone No. of Project Manager: Karen 562-596-4770 187,700.38 Wet Utilities 1/01 Contract Amount Type of Work Date Completed 3. PLC 19 Corporate Plaza Dr. N.Beach, CA Name and Address of Public Agency Name and Telephone No. of Proiect Manager: Ivan Sipiovich 960,444.00 Swerer, Water,Storm Drain Contract Amount Type of Work C-11 949-721-9777 12/98 Date Complete Bond No. BID BOND The American instituEe of Architects, AIA Document No. A31 0 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we BNB ENGINEERING, INC. as Principal hereinafter called the Principal, and GREAT AMERICAN INSURANCE COMPANY 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 ofTEN PERCENT OF 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 REMOVE TWO EACH RESERVOIRS AND ABANDON PIPE 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 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 Witness 25TH day of FEBRUARY BNB ENGINEERING, INC 2002 Principal (Se l) Steve R. Bieber, PresidKn-t ?Name/Ti'ie GREAT AMERICAN INSURANCE COMPANY Surety (Sea1) Witness By: . — JANIE CARMEN Attorney -in -Fact ORSC 21328 (5/97) G1Fr'1T AIVERICAN INSURMCE COMPANY 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 13440 THREE POWER OF ATTORNEY KNOB' ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof-, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DONALD P. SHARP ALL OF ALL BETTY JO PEACOCK VISALIA, UNLD1ITED JANIE CAPt4EN CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 1st day of February 1999 Attest l GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON — ss: On this 1st day of February, 1999 before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-ln-Fact to execute on behalfofthe Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority, and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretyship, or other written obligation in the nature thereof, such signature and seal when so used beingherebyadopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and scaled this 25TH day of FEBRUARY , 2002 ___ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT '- No-5907 State of CALIFORNIA County of TULARE On 02/25/02 before me, BETTY JO PEACOCK, NOTARY PUBLIC , DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUSUC- personally appeared JANIE CARMEN NAIVE(S) OF SIGNERS) ® 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 ac- knowledged to me that he/she/they executed the same in his/her/their ailtho-rized BETTY JO PEACOCK COMM 9---yt3 W capacity(ies), an•d that by his/her/their m 0 = NOTARY PU&_iC-;;%;iFORNIA W co -8 PRINCIPAL -O -;CE IN W signature(s) on the instrument the person(s),- TULAAYryC mm�svgnEx; MaCGLINy6.2W2 '` - or the -entity. upon behalf of which -the p-erson(s). acted, executed the instrument. WITNESS my hand and. official seal. SIGAkTUAIF61F NOTARY OPTIONAL Though the data 6eiow is not required by law-ji may prove valuable to persons relying on the document and could prevent fraudulent rea'tachment of this form. - -- CAPAGITY CLAIMED-BY-,SIG-NER - ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) 0 LIMITED . ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR 0,0TRER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYVES) DESCRIPTI-ON OF -ATTACHED DOGUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE VL." I It w/'1 1 ` `/l- Ld!"1LvPILI I I IIV%J%J"k .v ENGl 06/14/01 RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE SHARP INSURANCE & BONDING HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR .040 E. HERNDON #104 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 'RESNO CA 93720 ?hone: 559-432-2544 Fax:559-432-2543 INSURERS AFFORDING COVERAGE 4SURED f I . INSURERA, STEADFAST INSURANCE COMPANY INSURER B: CLARENDON NATIONAL INS. BNB ENGINEERING, INC. S602 ANTASANAACCAA 92705 1. W I jj ;t o�� [ �u+� 06 -p INSURERc STATE COMPENSATION INS. FUND INsuRERD RLI INSURANCE CO. INSURER E GREENWICH INSURANCE CO :OVERAGES 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .TA TYPE OF INSURANCE POLICY NUMBER DATE DATE MIDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1, 0 0 0, 0 0 0 A X COMMERCIAL GENERAL LIABILITY SC03691972-00 06/01/01 06/01/02 DAMAGE (Arrymefire) $ 50,000 CLAIMS MADE I1 CCCUR -FIRE MED EXP (Any one Person) $ 5,000 PERSONAL&ADVINJURY $ 1, 000, 000 X EXCU BROAD FORM PROPERW DAMG CONTRACTUAL GENERALAGGREGATE s2,000,000 IIaEpztmz 1' Cotn?LCPORS GENl- AGGREGATE LIMIT APPLIES PER PRODUCTS -COMPADPAGO $ 1, 000, 000 POLICY X JEC' LOC FF AUTOMOBILE LIABILITY DSatGLELIMIT a 1,000,000 B X ANYAUTO PA10101918 06/01/01 06/01/02 (Ea accident) (E&a=w BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ X HIRED AUTOS X NON•OWNEDAUTOS (PeracckdeM) PROPERTY DAMAGE $ (Per accided) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO $ AUTO ONLY: AGO EXCESS LIABILITY EACH OCCURRENCE s4,000,000 D X OCCUR ElcLAIMsmADE PHN205245 06/01/01 06/01/02 AGGREGATE s4,000,000 $ $ DEDUCTIBLE $ X RETENTION $ 10, 000 WORKERS COMPENSATION AND X I TORY LIMITS ER O EMPLOYERS' LIABILITY 46-9633-01 01/01/01 01/0.1J02 EL EACH AMOENT $1,000,000 E.L. DISEASE -EAEMPLOYEE $ 1, OOO, OOO E.L DISEASE -POUCYLIMIT $ 1, 000, 000 OTHER 4 E EQUIPMENT FLOATER 2452636 06/01/01 06/01/02 PER SCHED ON FILE E RENTED/LEASED 2452636 06/01/01 06/01/02 1,000 DIED , 100,460 LIM DESCRIPTION OF OPERATIONS/LOCATIONSIVEIiCLES/OCCLUSIONS ADDED BY ENDORSEMENDSPECIAL PROVISIONS , PROOF OF INSURANCE ON FILE FOR CITY PERMIT ADDITIONAL INSURED: CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES - CERTIFICATE HOLDER $ I ADDITIONAL INSURED; INSURER LETTER A CANCELLATION CITYHUl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF HUNTINGTON BEACH DATE THEREOF, THE ISSUING INSURER WILL ETIDet4'eR" MAIL 30 DAYS WRITTEN ATT : CHRI STY MENDOZA - ' It NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SNA66 FAX# 714/374-1597 I 2000 MAIN STREET HUNTINGTON BEACH CA 92648 RFPR -- _-A- Dustan Johnson W, ACORD 25-S (7/97) CA&bRD CORPORATION 1988 rA COMMERCIAL GENERAL LIABILITY CG2010 10 93 INSURED: BNB ENGINEERING, INC. POLICY NUMBER. - SC03691972-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED -OWNERS LESSEES OR CONTRACTORS -FORM B This Endorsement Modifies Insurance Provided Under The Following: CONSIERCIAL GENERAL LIABILITY COVERAGE PART Name Of Person Or Organization: Schedule: PROOF OF INSURANCE FOR PERMIT CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES (IF NO ENTRY APPEARS ABOVE, INFORMATION REQUIRED TO COMPLETE THIS ENDORSEMENT WILL BE SHOWN IN THE DECLARATIONS AS APPLICABLE TO THIS ENDORSEMENT) VVHO IS AN INSURED (SECTION II) IS AMENDED TO INCLUDE AS AN INSURED THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF YOUR ONGOING OPERATIONS PERFORMED FOR THAT INSURED. AUTHORIZED SIGNATURE CG 2010 10 93 DATE Jane 14, 2001 C 0CIP)k WALT %ltk W N �00.7-�' Company Profile Page 1 of 2 AM De arts w tr"o Company Profile Insurance' GREAT AMERICAN INSURANCE COMPANY 580 WALNUT ST �N 6n) CINCINNATI, OH 45202 800-724-7722 Former Names for Company Old Name: AMERICAN CONTINENTAL INSURANCE COMPANY Effective Date: 12-06-1976 Old Name: SELECTIVE INSURANCE COMPANY Effective Date: 06-15-1972 Old Name: MANUFACTURERS & MERCHANTS INDEMNITY CO. Effective Date: 09-05-1956 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 16691 NAIC Group #: 0084 California Company ID #: 1301-1 Date authorized in California: October 17, 1945 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: OHIO Dines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the log ssa y. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT http://www4.insurance.ca.gov/wu/idb_co_prof utl.get_co_prof?p_EID=3259 5/20/2002 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 22 ,2002 To: Harber Companies, Inc. 1880 E. Riverview Drive San Bernardino. CA 92408 CALIFORNIA 92648 Enclosed please find your original bid bond issued by XL Specialty Insurance Company for CC No. 1104 - Phase I Connie Brockway, CIVIC City Clerk Enclosure g:/followup/cashcon/retumbidbond.doc (Telephone: 714536-5227 ) XLA SURETY BOND NO. B18699 XL SPECIALTY INSURANCE COMPANY 1450 East American Lane • 20'h Floor Schaumburg, IL 60173 PUBLIC WORKS BID BOND KNOW ALL MEN BY THESE PRESENTS, That we (insert the full name and address of the principal below) Harber Companies, Inc. 1880 E. Riverview Drive San Bernardino California 92408 hereinafter referred to as Principal and XL SPECIALTY INSURANCE COMPANY, a corporation, hereinafter referred to as Surety, organized and existing under the laws of the State of Illinois and authorized to do business in the State of California , are held and firmly bound unto (insert the full name and address of the Obligee below) City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 hereinafter referred to as Obligee in the penal sum of **Ten Percent of Bid Amount********************************************************************* Dollars ($10% of Bid Amount** ) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves our Executors, Administrators, Successors and Assigns, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for (insert project description and location below) Demolition of Overmyer Reservoirs No. 1 and No. 2 Construction Contract No. CC- 1104-Phase I NOW, THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be specified, entered into the contract in writing, and provided a bond, with surety acceptable to the obligee for the faithful performance of the contract; or if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the bid, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS 26r" DAY OF FEBRUARY , 2002 (Seal if applicable) Harber Companies, Inc. (Print or type name of principal) By: (Witness) (Signature of authorized representative) Brian Harber, President (Witness) (Type name and title) tL4LTY INS CE COMPANY By: (Attorney -in -fact) Julia B. Leonard (Name typed) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On 2/26/02 DATE before me, Dana Cramer, Notary Public personally appeared Brian Harber NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC - NAMES) OF SIGNER(S) © 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 ac- knowledged 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. DANA CRAM ER COMM 912.14728 z ITNESS my hand and official seal. NOTARY PUBLIC - CALIFORNIA 3 emu; SAN BERNARMNO COUNTY + MCommission Expires Sept. 10, 2003 SIGNATURE 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 SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑X CORPORATE OFFICER President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PEFIsON(S) OR ENTTTYQEs) Harber Companies, Inc. Bid Bond TITLE OR TYPE OF DOCUMENT one NUMBER OF PAGES 2/26/02 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURP' ' ACKNOWLEDGMENT State of CALIFORNIA County of RIVERSIDE On FEB 2 6 2002 before me, S.L. KYSETH, NOTARY PUBLIC Name and Title of Officer(e.g. "Jane Doe, Notary Public) personally appeared JULIA B. LEONARD ATTORNEY IN FACT , Name(s) of Signer(s) ®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 S. L IMEW� his/her/their authorized capacity(ies), and that by Comnitalon Notary Public � 1274061 7- C0Rbmb the ent entity upon behalf of which the per on(e) acted exegnature(s) on the instrument the cuted Son semorriino County the instrument. My Comm. B pkes Sep 12 20W WITNESS my hand and official seal. (- -, 9 2� e " � �, - /- z L" Signature of Notary Pu is OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title of Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: JULIA B. LEONARD ❑Individual ❑Corporate Officer Title(s): ❑Partner --- ❑Limited ❑General ®Attorney -in -Fact ❑Trustor/Trustee ❑Guardian or Conservator ❑Other: Signer is Representing: Number of Pages: Signer's Name: ❑Individual ❑Corporate Officer Title(s): ❑Partner ---❑Limited ❑General ❑Attorney -in -Fact ❑Trustor/Trustee ❑Guardian or Conservator ❑Other: Signer is Representing: 5L>SURETY LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the XL SPECIALTY INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the State of Illinois ("Company" or "Corporation"), does hereby nominate, constitute and appoint, Kenneth A. Coate, Mark N. Gladding and Julia B. Leonard as employees of Inland Surety Bonds & Insurance Services, its true and lawful Attomey(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, the penal sum of no one of which is in any event to exceed $5,000,000.00. Such bonds and undertakings, when duly executed by the aforesaid Attomey(s)-in-fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attomey is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 5th day of December, 1988: "RESOLVED, That the President, or any Vice President of the Company or any person designated by any one of them is hereby authorized to execute Powers of Attorney qualifyring the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship, and that any Secretary or any Assistant Secretary of the Company be, and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the Seal of the Company. FURTHER RESOLVED, That the signature of such officers and the Seal of the Company may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." Bonds executed under this Power of Attomey may be executed under facsimile signature and seal pursuant to the following Resolution adopted by the Board of Directors of the Company on August 6, 2001. "RESOLVED, That the signature of the President of this Company, and the seal of this Company may be affixed or printed on any and all bonds, undertakings, recognizances, or other written obligations thereof, on any revocation of any Power of Attomey, or on any certificate relating thereto, by facsimile, and any Power of Attomey, any revocation of any Power of Attorney, bonds, undertakings, recognizances, certificate or other written obligation, bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 6th day of August, 2001. XL SPECIALTY INSURANCE COMPANY f /,A, BY: - PRESIDENT su $A5 • SEAL: _ Attest: F` SECRETARY STATE OF ILLINOIS COUNTY OF COOK SS. On this 6th day of August, 2001, before me personally came Nicholas M. Brown, Jr. to me known, who, being duly sworn, did depose and say: that he is President of the Company described in and which executed the above instrument; that he knoNvs the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and authority: RALNGELr =13FRECIAL ILLINOIS6:06.04. 03 NOTARY PUBLIC STATE OF ILLINOIS COUNTY OF COOK ss. 1, Ben M. Llaneta, Secretary of the XL SPECIALTY INSURANCE COMPANY a corporation of the State of Illinois, do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and that I have compared same Hrith the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attomey is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the City of Schaumburg, this 26TH day of FEBRUARY 20 02 SECRETARY MWERCOW ANM M ISW E. RIVERItIEW DRIVE S M 8ERNNRDWO6 CA 92408 "SEALED BID" for City of Huntington Beach Water Division Demolition of Overmyer Reservoirs No. 1 and No. 2 in the r.-A� .0 t'0NT t CITY OF HUNTINGTON BEACH CC-1104 - CO NOT OPEN WITH REGULAR MAIL SS0d A'ZL1j1go b3 iiJV]61 0.19 } P,I1 ;l r" Alta! (-rl �Cy-,)� (.j Y f SECTION C PROPOSAL for the City of Huntington Beach Water Division Demolition of Overmyer Reservoirs No. 1 and No. 2 CONSTRUCTION CONTRACT No. CC-1104: Phase I 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 75 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find bid bond in the amount of $ 21 ', 4 0 0.0 0 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 None C-2 Project Bid Schedule A City of Huntington Beach Water Division Demolition of Overmyer Reservoirs No. 1 and No. 2 Bid Items Item No. Description Cost 1. Lump Sum Items: Complete construction of the Overmyer Reservoirs No. 1 and No. 2 demolition, including all items of work required by these Specifications and Drawings, excepting the work described in Bid Schedule Item 2, for the lump sum amount of: $ 209,000.00 2. Shoring, Sheeting, and Bracing as required by Section 02050, paragraph 1.3(E) of these specifications, for the lump sum amount of: 5,000.00 $ Total Bid Price (Items 1 and 2) $ 214,000.00 (IN NUMBERS) TOTAL BID PRICE IN WORDS: Two Hundred Fourteen Thousand Dollars ------------------------- The owner reserves the right to reject any or all proposals. 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 Name and Address of Subcontractor State License Class of Work Number Nont- 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 of Orange Brian Harber , being first duly sworn, deposes and says that he or she is President of Harber Companies, 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. Harber Companies, Inc. Name of Bidder Signature of Bidder Brian Harber 1880 East Riverview Drive San Bernardino, CA 92408 Address of Bidder Subscribed and sworn to before me this 26th day of February, 200 ? DANA CRAMER r-"'�"' r••�=� COMM #1234726 t\t,� NOTARY PUBLIC - CALIFORNIA I Z Ku? SAN BERNARDINO COUNTY —+ NOTARY PUBLIC It G{� �,� p My Commission Expires Sept. 16, 2003 NOTARY SEAL C-s 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 Demolition of Overmyer Reservoirs No. 1 and No. 2; CC-1104; (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: 2/26/02 C-6 Harber Companies, Inc. Contractor By Brian Harber, President Title 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 '0 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: 2/26/02 C-8 Harber Companies, Inc. Contractor By Brian Harber, President Title 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 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Harber Companies, Inc. Contractor By Brian Harber, President Title Date: 2/26/02 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: Harber Companies, Inc. Bidder Name 1880 East Riverview Drive Business Address San Bernardino, CA 92408 City, ( 909 ) 478-1957 Telephone Number 657614 A, B, C-61/D06 State Contractor's License No. and Class October 31, 1978 Original Date Issued October 31, 2002 Expiration Date State Zip The work site was inspected by Steve Bahler of our office on February 15 2002 . The following are persons, firms, and corporations having a principal interest in this proposal: Brian Harber - President Robert Harber - Sec./Treas. 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. Harber Companies, Inc. Company Name Signature of Bidder Brian Harber Printed or Typed Signature Subscribed and sworn to before me this 2 6 day o fFebruary , 200 2 . DANA CRAMER "'mom COMM #1234726 Z . o NOTARY PUBLIC - CALIFORNIA ?, ? SAN BERNARDINO COUNTY -+ tU G � � �` My Commission Expires Sept. 16, 2003 NOTARY PUBLICIL 6 �l r NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Pacific Mechanical P.O. Box 4041 - Concord, CA 94524 Name and Address of Public Agency Name and Telephone No. of Project Manager: Jack McDonald (9 2 5) 8 2 7 - 4 9 4 0 $320,000.00 Santa Clara Penitencia Treatment Plant 10/01 Contract Amount Type of Work Date Completed 777 Campus Commons Road, Suite 250 2. Montgomery Watson Sacramento, CA 95825 Name and Address of Public Agency Name and Telephone No. of Project Manager: Glenn Barren (916) 924-8844 $569,555.00 Nike Missle Bunker 10/00 Contract Amount Type of Work Date Completed 10251 Yorktown Ave. 3. Huntinaton Beach Union Hiah School District Huntington Beach, CA Name and Address of Public Agency Name and Telephone No. of Project Manager: Ed Baker (714) 9 6 4 - 3 3 3 9 $153,475.00 Huntington Beach High School Pool Demo 7/00 Contract Amount Type of Work Date Complete C-11 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 22 ,2002 To: Romberg Excavation & Operations, Inc. 7120 Atherton Drive Long Beach, CA 90815 CALIFORNIA 92648 Enclosed please find your original bid bond issued by Travelers Casualty and Surety Company of America for CC No. 1104 - Phase I RA, . Connie Brockway, CIVIC City Clerk Enclosure g:/followup/cashcon/retumbidbond.doc (Telephone: 714-536-5227 ) BID BOND TRAVELERS CASUALTY AND." TY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No. N/A KNOW ALL MEN BY THESE PRESENTS, That we, ROMBERG EXCAVATION AND OPERATIONS, INC. as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, WATER DIVISION as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF BID AMOUNT --- Dollars ($ 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 Demolition of Overmyer Reservoirs No. 1 and No. 2 Project # CC-1104: Phase 1 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 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 26th day of February (Witness) (Witness) 2002 ROMBERG EXCAVATION AND OPERATIONS, INC. j� (Principal) (Seal) (Title) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA � r"/ 4101, Marsha `C. Garrison (Attorney -in -Fact) Printed in cooperation with the American Institute of Architects (AIA) by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA Document A310, February 1970 edition. CALIFORNIA ALL-PURPC ACKNOWLEDGMENT State of California County of Orange On February 26, 2002 before me, Leon E. Blakely, Jr. /Notary Public Oate Name and 7tte of Offtcer (e.g.. 'Jane Ooe. Notary Public') personally appeared Marsha C. Garrison Names) of Signer(s) ' 1 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(g) whose name(g) Wag subscribed to the LEON E. BLAKELY JR. within instrument and acknowledged to me that)%/she/NW e COMM. # 1314159 executed the same in /herAff& authorized capacity(), NJ(At,r rUBLIC-CALIFORNIA C and that b Sher/#�i on the instrument the ORANGE COUNTY ro y gnature�) �I My Comm. Exp. Aug. 18, 2005 ` person(), or the entity upon behalf of which the person(sij acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary ?uc:ic OPTIONAL Thcugh the information below is rot required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another dccument. Description of Attached Document Title or Type of Document: BID BOND Document Date: February 26, 2002 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name Marsha C. Garrison ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner —❑ Limited C General LXAttorney-in-Fact Trustee ❑ Guardian or Conservator �� Other: Signer Is Representing: Signer's Name: 11 Individual Corporate Officer Title(s): Partner — ❑ Limited G General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: Top of thumb here TRAVEL% y,'7ASUALTY AND SURETY COMPANY OF / RICA Tie LERS CASUALTY AND SURETY COMPAI . FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Leon E. Blakely, Marsha C. Garrison, of Anaheim, California, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is. in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) C; (CLcKtS cIsY C- flJt i f;" sTOIN B,_ACN. CA tJU1 FEB 2 6 -- C 0 C.) c. ; Ld Cor sTRyA C--I-OV\ C(wv K izf�C Q ©. C CC � 1 ©q ,Y �u n1IC SECTION C PROPOSAL for the City of Huntington Beach Water Division Demolition of Overmyer Reservoirs No. 1 and No. 2 CONSTRUCTION CONTRACT No. CC-1104: Phase I 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 75 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. 3Z;VxZ$ Accompanying this proposal of bid, find tB-nZI in the amount of $ 10 o 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 C-2 Project Bid Schedule A City of Huntington Beach Water Division Demolition of Overmyer Reservoirs No. 1 and No. 2 Bid Items Item No. Description Cost 1. Lump Sum Items: Complete construction of the Overmyer Reservoirs No. 1 and No. 2 demolition, including all items of work required by these Specifications and Drawings, excepting the work described in Bid Schedule Item 2, for the lump sum amount of $ a-7 2,7 1 a .7 I 2. Shoring, Sheeting, and Bracing as required by Section 02050, paragraph 1.3(E) of these specifications, for the lump sum amount of: $ Total Bid Price (Items 1 and 2) $ (IN NUMBERS) TOTAL BID PRICE IN WORDS: Two HLAnDR9-D Se%JQn1'4 Ivy)© I tA©u5ftJ1) Se,cQrs 1Av.YIDE£2 `L-Q1.-.UE_ Sevc.nfi One, CeVX-t-S , The owner reserves the right to reject any or all proposals. 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 Name and Address of Subcontractor State License Class of Work I I Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange f►cHAEI. RovV1v&RCS , being first duly sworn, deposes and says that he or she is R. M. ©. ofRoMBEROL&CM). Owc. TN[.. 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. i 1m*�ct1IM-L RtMBEP,& Name of Bidder � \ &�11'. Signature of Bidder 77ti2.o NTAF R-Co r1 DR.CA Address of Bidder `losks Subscribed and sworn to before me this,, tday of G, �-( , 200 . NOTARY PUBLIC 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 Demolition of Overmyer Reservoirs No. 1 and No. 2; CC-1104; (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: A- .25-O:. C-6 RQMM6 EMNIWWA MRATTO A s 10c. Contractor M &4t�a By ki4H^EL. hKof.* R,m,o. Title DI 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? D 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: ;�— ),15-0 • C-8 ROM13FA& �*CAVKMA 0rAf C :QV4s 1W Contractor RRINT-AMMM-1. MA M M.00 Title 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 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: r Contractor 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: 2nVY)b1LR(r �xcRva ©rl-4�>✓RA�so)ls ac, Bidder Name - ►10 kT H1GR-Tot4 D,r; Business Address L13 N 6 �)9-Rc" CK 9a S %5 City, State Zip (5) cell Sco2) Telephone Number 75%91-1 & 16, . CG-- V State Contractor's License No. and Original Date Issued :)L -- -A% -- :), a 3 Expiration Date yY1 +CGtN A£, i. The work site was inspected by R©r BEMY of our office on �.�-' ► 5 , 2000. The following are persons, firms, and corporations having a principal interest in this proposal: 12 O - Nr1 \ Ttoy1 0 r . L o y\ x l?P. RC )A C P1 R W 5 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. Company Name Signature of Bidder "i C-14 A i 1- 9 o rm 3 Printed or Typed Signature Subscribed and sworn to before me thiaday of t-�-- NOTARY PUBLIC- 11 J WANDA L, QUINTANA j 7 Commis fon # 1267154 llZ Notary Pub rc - CQIifOmia Los Angeles County My Comm. Expires Jun 11, 2004 1 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: z Name and Address of Public Agency ('s1,a) Name and Telephone No. of Project Manager: �p� f�R © I �1`oR L ®C K 59 0 -4 lu Contract Amount *A oc0 Type of Work Dem0)f_xC14V) II.l. G Date Completed 10-IM 2. BV-L1_FL.0WF.1R UNIFil=o SCH. DXST. i(o103 S��1i�RK, lq CA, i0706 Name and Address of Public Agency (5 162) $0 ^ LP SOc3 Name and Telephone No. of Project Manager: i joB DIx09 , fAs 91. D vrec c" sa`b4000.Qo 17e.-rn© F-'ACA0,C0mj?S�C-.4=n q 1).CLS'Wgy11W--5 Z-02 Contract Amount S 1 Type of Work Date Completed 3. Cx 1 q oV U3t,�nEN , 11iti 'iroo;sHZR£. Aii Uot- enn CK 302,41 Name and Address of Public Agency Name and Telephone No. of Project Manager: F-G �s'iREl-I--�, �SS�. C��►4 �1�(�t, Contract Amount Type of Work Date Complete F� cQ�tone PtA, o\dt F-'%0% ' 4 0, WO, oG . $" w Rrx erg fez 0 , )14o-ta p5 V ,4A le.S , Co m aQrtkv-k G - O \ C-11 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 22 72002 To: T & M Construction 780 West Channel Street San Pedro, CA 90731 CALIFORNIA 92648 Enclosed please find your original bid bond issued by The Explorer Insurance Company for CC No. 1104 - Phase I Connie Brockway, CIVIC City Clerk Enclosure g:/fol lowu p/ca shcon/retu m bidbon d. doc (Telephone: 714-536-5227 ) THE AMERICAN INSTITUTE OF ARCHITECTS Bond # 52137 KNOW ALL MEN BY THESE PRESENTS, that we (Here insert full name and address or legal title of Contractor) T & M Projects, Inc. dba T & M Construction 780 West Channel Street, San Pedro, CA 90731 as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) The Explorer Insurance Company 11455 El Camino Real, San Diego, CA 92130- a corporation duly organized under the laws of the State of California, as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten percent of amount bid Dollars ( 10% of amount bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) Demolition of Reservoir & Excavation and Grading 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 such Contract and give such bonds or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this (Witness) ' f Andrew Sysyn 22 nd day of February AIA DOCUMENT A310 - BID BOND - AIA @ - FEBRUARY 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON. D.C. 20006 2002 T & M Projects, Inc. dba T & M Construction Explorer (Title) Michael Anthony, (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ss. On February 22, 2002, before me, Andrew J. Sysyn Date Name and Title of Officer (e.g., `Jane Doe, Notary Public-) personally appeared ].Michael Anthony MIDREW J. SYSYN LEM Commission # 1330834 Z Notary Public - California ?i Oranpa County * Comm. EVhW Nor 18, 2005 Place Notary Seal Above Name(s) of Signer(s) 17personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(IS) whose name(S) is/afw subscribed to the within instrument and acknowledged to me that helms executed the same in hisAV&A#@r authorized capacityp*, and that by hisAbedth36c signaturek* on the instrument the person(s), or the entity upon behalf of which the personM acted, executed the instrument. WITNESS my hand and official seal. + Signature of)rotaryKblic jF OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 0 1999 National Notary Association - 9350 De Soto Ave, P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.mtionalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1-BOd87rr8827 No. 0001874 THE EXPLORER INSURANCE COMPANY Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, does hereby appoint MICHAEL ANTHONY its true and lawful Attomey-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. IN WITNESS WHEREOF, the Company has caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. 1N'Uq SEAL „ o John H. Craig, Assistant Secretary State of California County of San Diego ss. THE EXPLORER INSURANCE COMPANY John L. Hannum, Executive Vice President On January 16, 2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. NORMA PORTER COMNDP. #MAUFOR0 10 y � NOIARYYUBLIC•CAL1fORNIA C7 C mmiss COUNTY ' � My Commission Expires MARCH t 9, 2004 Norma Porter, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of the Company: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of The Explorer Insurance Company hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the Board of Directors of the Company, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 22rid day of February , 2002 4�4A'6ia John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, P.O. Box 85563, San Diego, CA 92186-5563 or call (858) 350-2400. T & M Construction 780 West. Channel Street San Pedro, CA 90731 (310) 833-3366 S sit &T BID n 'J OF fM� 1 M A-( 9T L 1 . L. � rc -5-Yvc[�, (A. q74,49 �emc CoN�ct" No. 24�2"2-C)02— Andes - 2 cc- 1104 " po-s6 - - • - . - ...mm r .... — -.As ./. i - -• - - SECTION C P PROPOSAL for the City of Huntington Beach Water Division Demolition of Overmyer Reservoirs No. 1 and No. 2 CONSTRUCTION CONTRACT No. CC-1104: Phase I 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 75 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. 812OD6V-S Accompanying this proposal of bid, find � IJD in the amount of $ U L ID 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 C_2 Project Bid Schedule A City of Huntington Beach Water Division Demolition of Overmyer Reservoirs No. 1 and No. 2 Bid Items Item No. Description Cost 1. Lump Sum Items: Complete construction of the Overmyer Reservoirs No. 1 and No. 2 demolition, including all items of work required by these Specifications and Drawings, excepting the work described in Bid Schedule Item 2, for the lump sum amount of: $ 2. Shoring, Sheeting, and Bracing as required by Section 02050, paragraph 1.3(E) of these specifications, for the lump sum 0.00 amount of $ (f Total Bid Price (Items 1 and 2) 1 (IN NUMBERS) TOTAL BID PRICE IN WORDS: LAG r7- Ito op N The owner reserves the right to reject any or all proposals. 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 Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange U, being first duly sworn, deposes and says that he or she is TR Os ( fir of 4 M G ft-tKUC / 0Q the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder r�C� N i= A-CCJEtt_H- gnature of Bidder eo %O C--1710�-3 J Address of Bidder Subscribed and sworn to before me this day of , 200 7 TRISH MC; AY Commission # 121 499 _ Z Notary Pubic — Ca7ornia a NOTARY PUBLI IAA y/, a Tulare Ccur;'Y 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 Demolition of Overmyer Reservoirs No. 1 and No. 2; CC-1104; (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:-7/1 C-6 Contractor Vj9ALO�-C-) T . �c� Title 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 provisions before commencing the performance of the work of this contract. Date: A�d, � -,�, C-8 Contractor - gwuta A"� Title 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 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: �n 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: C'o►l�;fyKolh`o&j Bidder Name -7�0 Business Address SAK P-(�D12-0 c,A qo-7�; City, State Zip Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by � t� Leo e� of our office on , b I � , 200 2!' The following are persons, firms, and corporations having a principal interest in this proposal: -HW G i �5 A -a e�tt- 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. -TAk CM95fi ,(,kWuO Company Name IAA--�t�������- ignature of Bidder -f�rm V�a Aae+'- Printed or Typed Signature '- Subscribed and sworn to before me this 22_ day of - , 200 ;1-. TRISH MCKM Commission # 121C.449 4 No'oryPUb;;o — C .!iTofnii7 e� :7 1�- 1mUIOre C— Frct " NOTARY PUBL�E'My Comm �_: ^, 7 NOTARY SEAL Listed below are the names, address and telep)We numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Cl" or Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. (COON n[- L ; 70U�C NQi21'5 Name and Address of Public Agency Name and Telephone No. of Project Manager: rK I -k�j zo Contract Amount Type of Work Date Completed 3. eu-(At . J 0(L' ��0ozq Name and Address of Public Agency W (-h-L -P"Tals Name and Telephone No. of Project Manager:,I, 1 M 1 D�,D1� C-3[0 1;22 41-21 Contract Amount Type of Work Date Complete 2CI ft�- 200-71 arc' U A qS CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May-22 ,2002 To: American Demolition / Concrete Cutting 620 Poinsettia Street Santa Ana, CA 92701-3936 Enclosed please find your original bid bond issued by Hartford Fire Insurance Co. Connie Brockway, CIVIC City Clerk Enclosure for CC No. 1104 - Phase I g:/followu p/cashcon/retumbidbond.doc ( Telephone: 714-536-5227 ) THE AMERICAN INSTITUTE OF ARCF6ECTS w; Bond No. H-554 A/A Document M70 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe eee�i end �/trep ar tp.t ride ofcrrrwss.e American Concrete Cutting, Inc. DBA American Demolition/Concrete Cutting, Inc. 620 Poinsettia Street, Santa Ana, CA 92701 as Principal, hereinafter called the Principal, and floe teaart *At www,,A aM,aM w NVI dodo of JoreM Hartford Fire Insurance Company One Pointe Dr., Brea, CA 92822 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach, Water Division fllsre Maort #WI MM &ad Wd" or Sept ride of a.oae 2000 Main St., Huntington Beach, CA 92648 as Obligee, hereinafter tatted the Obligee, in the sum of Ten Percent of Amount Bid Dollars (5 10% of amount bid for the payment of which sum well and truly to be made, the said Principal and the said Surety; bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for pare beast fell awes. addreu and t«dogim .t amieotl Demolition of Overmeyer Reservoirs No. 1 + No. 2 Construction Contract No. CC-1104: Phase I Huntington Beach, CA NOW. THEREFORE, if the Obligee shall accept the bid or the Principal and the Principal shall enter Into a Contact with the Obligee in accordance with the terms of such bid. and five 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 went of the failure of the Principal to enter 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'speclGed in said bid and such larger amount for which the Obligee may in food (a►th tontreet with another parry to porform 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 20th day of February. W 2002 American Concrete Cutting, Inc. DBA AmerirAw DeMolition/Concrete Cutting V icc Pf csrJ' (Witness) JTide) Attorney -in -Fact AIA DOCUMENT A719 • 910 $0r0 • AiA 8 • ftaRUARY 1970 EO • THE A.M:RICAN INSTITUTE Of ARCMITECTS. 173S N.Y. AVL, N.W., WASHINCTON, ID. C. 2%416 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �i `� County of �,/ ss. On CR " a& '—t9 Date personally appeared before me,,&X' Cy6��I Name and Title of t�ficer te.g- "Jane Doe, Notary Public) IV ON TSCHU01 LOCKW000 Commission # 13OM7 Notary Public - California Orange County My comm. Expires Jul 13, 2005 Place Notary Seal Above ❑ personally known to me ❑ 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 t trument. WiTNESS�v han official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document � Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Clai ed by Signer Signer's Name:M. El Individual Corporate Officer — Title(s): Top of th-imb here -:1 Partner — ❑ Limited ❑ General '- Attorney in Fact ❑ Trustee Guardian or Conservator Other: / -t— Signer Is Representing: A"rr-1Cf" iGu np 1, �1 sue/ Co✓� [ t� Cam-- 'A , --EI-lc- - 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www nationalnotary.org Prod. No. 5907 Reorder. Calf Tot; -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 02/20/02 5=7 before me, Arturo Ayala, Notary Public Name, Title of Officer -E.G. "Jane Doe, NOTARY PUBLIC" personally appeared Ralph Eidem, Jr. NAME(S) OF SIGNER(S) 0 personally known to me - OR - ARTURO AYALA COMM. #1336239_N �1' ' NOTARY PUBLIC-CAUFORNIAcl to ORANGE COUNTY MY COMM. EXP. DEC. 23, 2005 ~ ❑ 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. WITNESS hand and official seal SIGNATURE F 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 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 Bid Bond TITLE OR TYPE OF DOCUMENT One NUMBER OF PAGES 02/20/02 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE HARTFORD FIRE INSURANCE COMPANY Bond No.H-554 Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint RALPH EIDEM, JR., of ANAHEIM, CALIFORNIA its true and lawful Attorney(s)4n-Fact, with full power and authority to each of said Attomey(s)-in-Fact, in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attorney(s)4n-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, (`the Company") as amended by the Board of Directors at a meeting duly called and held on July 9, 1997. as follows: ARTICLE IV SECTION 7. The President or any Vice President or Assistant Vice -President, acting with any Secretary or Assistant Secretary shall have power and authority to sign and execute and attach the seal of the Company to bonds and undertakings, recongnizances, contracts of indemnity and other writings obligatory in the nature thereof, and such instruments so signed and executed, with or without the common seal, shall be valid and binding upon the Company. SECTION 8. The President or any Vice -President or any Assistant Vice President acting with any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant Secretaries and Attomeys-in-Fact and at any time to remove any such resident Vice -President, resident Assistant Secretary, or Attomey-in-Fact, and revoke the power and authority given to him. Resolved, that the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any 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 and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice -President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 14th day of May, 1999. E o* SEAL '9+�on.rto.o: Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT COUNTY OF HARTFORD I ss- Hartford HARTFORD FIRE INSURANCE COMPANY Robert L. Post, Assistant Vice President On this 14th day of May, A.D. 1999, before me personally came Robert L. Post, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice -President of HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. J tlwr�ir ,� lds�/ M lean H. Wozniak Notary Public CERTIFICATE My Commission Expires June 30, 2004 I, the undersigned. Secretary of HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that Article IV, Sections 7 and 8 of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Hartford. Richard L. Marshall, Jr., Assistant Secretary Dated the 20th day of February 2002 �f r� 9-we'� SEAL � J. Dennis Lane, Assistant Vice President Form S-4054-2 Printed in U.S.A. ;Bid Enclosed For: IMERICAN / DEMOLITION / CONCRETE CUTTING 620 Poinsettia St Bet - Santa Ana, CA 92701-3936 Q v U < T J ca ►t • r ;Demolition of the Overmeyer Reservoirs No. 1 j and No. 2 !Const. Contract No. CC-1104: Phase I Bidder: American Demolition/Concrete Cutting, Inc. Contact: Matt Elder (714) 547-6581 City of Huntington Beach Office of the City Clerk Second Floor City Hall 2000 Main St. Huntington Beach, CA 92648 ti SECTION C PROPOSAL for the City of Huntington Beach Water Division Demolition of Overmyer Reservoirs No. 1 and No. 2 CONSTRUCTION CONTRACT No. CC-1104: Phase I 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 75 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 I If awarded the Contract, th, andersigned agrees that in the event ie 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 A BID BOND in the amount of $ 10% OF BID which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 Project Bid Schedule A City of Huntington Beach Water Division Demolition of Overmyer Reservoirs No. 1 and No. 2 Bid Items Item No. Description Cost 1. Lump Sum Items: Complete construction of the Overmyer Reservoirs No. I and No. 2 demolition, including all items of work required by these Specifications and Drawings, excepting the work described in Bid Schedule Item 2, for the lump sum amount of: $ 221, 700.00 2. Shoring, Sheeting, and Bracing as required by Section 02050, paragraph 1.3(E) of these specifications, for the lump sum amount of: $ 5,000.00 Total Bid Price (Items 1 and 2) $ 226,700.00 (IN NUMBERS) TOTAL BID PRICE IN WORDS: two hundred twenty-six thousand, seven hundred and 00/100 dollars The owner reserves the right to reject any or all proposals C-3 LIST OF SUBCONT"CTORS 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 Debris Hauling Rodriguez Trucking 162 E. Fairfield Dr., Claremont CA 91711 Taxpayer ID 95-2893120 Grading RMC Heavy Equipment 1725 Kanola Rd., La Habra, CA 90631- 257757 WC EX Rock Import West Coast Sand& Gravel, Inc. P.O. Box 5267, Buena Park, CA 90622 Taxpayer ID 95-2547952 Utility Relocation Pacific Plumbing P.O. Bpx 1494, Santa Ana, CA 92702 266807 C-36 K-rail Jensen Precast 14221 San Bernardino Ave., Fontana, 92335 Taxpayer ID 880115146 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 i , JNCOLLUSION AFFIDAVIZ TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange John M. Moore being first duly sworn, deposes and �a��� that hel or she is Vice President of American Demo lition/Concrete Zepar}�maYangthe 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. American Demolition/Concrete Cutting, Inc. Name of Bidder 1'/ ZJohn M. Moore igriature of Bidder 620 Poinsettia St., Santa Ana, CA 92701 Address of Bidder Subscribed and sworn to before me this 26th day of February 200 2 NOTARY PUBLIC J _ commission 1309637 E Z ifomia ,. OTA r�n��ic+ty My Comm. Expires Jul 13, 2005 P C-5 -11 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 Demolition of Overmyer Reservoirs No. 1 and No. 2; CC-1104; (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: Feb. 26, 2002 C-6 American Demolition/Concrete Cutting, Inc. Contractor John M. Moore By Vice President Title DISQZ ALIFICATION QUESTIONN �ZE 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 COMP., .CATION INSURANCE CERT CATE 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: Feb. 26, 2002 C-8 American Demolition/Concrete Cutting, Inc. Contractor 7 John M. Moore Vice President Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: American Demolition/Concrete Cutting, Inc. Bidder Name 620 Poinsettia St. Business Address Santa Ana CA 92701 City, State Zip (714 ) 547-6581 Telephone Number 390754 A-ASB-C21 State Contractor's License No. and Class 1979 Original Date Issued 6/30/02 Expiration Date The work site was inspected by Matt Elder of our office on Feb. 15 , 2002. The following are persons, firms, and corporations having a principal interest in this proposal: F.R. Stewart John M. Moore C-10 i The undersigned is prepared to satisfy the Council of the City of Hu.__.ngton 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. American Demolition/Concrete Cutting, Inc. Company Name Signature John M Mcore, Vice President Printed or Typed Signature Subscribed and sworn to before me thig:VR day of J , 2002 . NOTARY PUBLIC ! WON TSCH� UDI LOCKWOOD w Commission # 1309637 Z i Notary Public - Calftmia � MY Comm,1 Orange County f Expires Jul 13, 2005 Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Beverly Hills School District c/o Tutor Saliba Corp. Name and Address of Public Agency Name and Telephone No. of Project Manager: Mike Streeter (818)362-8391 $630,666.97 Modernization of H.S. 12101 Contract Amount Type of Work Date Completed 2. State of CA, Dept. of Genrl. Svcs. c/o S.J. Amoroso Const. Name and Address of Public Agency Name and Telephone No. of Project Manager: Andy Buerk (714) 433-2326 $1,436,202.00 Seismic Rehab 9/01 Contract Amount Type of Work Date Completed 3. City of Fremont Name and Address of Public Agency Name and Telephone No. of Project Manager: Lily Soo Hoo (510) 494-4727 $735,987.00 Bldg. Demolition 6/01 Contract Amount Type of Work Date Complete C-11 . "teJ. CITY OF HUNTINGTON BEACH 2000 MAIN STREET May 22 ,2002 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK To: Dennis Lorton & Assoc., Inc. 8610 Hamilton Avenue Huntington Beach, CA 92646 CALIFORNIA 92648 Enclosed please find your original bid bond issued by Fidelity and Guaranty Insurance Company Connie Brockway, CIVIC City Clerk Enclosure for CC No. 1104 - Phase I g:/followu p/cashcon/retumbidbond.doc ( Telephone: 714-536-5227 ) BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That ire, Dennis Lorton & Associates Inc. as Principal, hereinafter called the Principal, and the Fidelity and Guaranty Insurance Company of 333 City Boulevard West, Suite 1100, Orange, CA 92868 , a corporation duly organized under the laws of the State of Iowa , as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the amount bid--------------------------------------------------------- Dollars ($ 10% of the amount bid ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Demolition of Overmyer Reservoirs No. 1 and No. 2. Invitation No. CC-1104: Phase I. 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 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 February 2002 Den on & Associates c. (Seal) �Q nc Principal Witness { / -�'C'S c cYQ, ✓!�' Title Fidelity and Guaranty Insurance Company Alexis H. Bryan Witness { By LeightMcDonough, Attorney -in -Fact, S-00541GEEF 12/00 FRP CALIFORNIA ALL-PURPOSE A 'OWLEDGMENT No. 5907 State of California County of Orange On (/(,{(,(y 07� , , before me, Alexis H. Bryan, Notary Public TE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Leigh McDonough NAME(S) OF SIGNER(S) ® 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 upon behalf of which the person(s) acted, executed the instrument. ALIg H. BRYAN WITNESS m hand and official seal. Commasion # 13C6738 Z y �Notary Public - California ,A�� Crange County Pay Co,,nrn Exp,res Jun 1, ZOGS SIGNA I LIKE OF 7 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 SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) H 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 S-4067/GEEF 2/98 1993 - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of U�rtrf On �2io`� before me, Date personally appeared ss. Name and Title of Officer (e.g., "Jane Doe, Name(s) of Signer(s) n ❑_pFgi d to me on the basis of satisfactory to be the personW`w-hose nam�sLar IaM A. SEARLB subscribed to the within instrument and C"A ��# 1286194 acknowledged to me that heLs,r y executed VFubft- Calftmb the same his/h�ft'r,�� authorized MyC�m8cmn0w0= %= capacity(ie , and that by his/}4eflthetr- signaturethe instrument the perso or the entity upon behalf of which the person(o� acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Not ub c OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docum t Title or Type of Document:�o'J�� Document Date: Number off Pages: Signer(s) Other Than Named Above: �1�15 H. >a�yi� , ;� �h(I 5�� i M 00N.,tywl r� Capacity(ies) Claimed by Signer Signer's Name: Individual Top of thumb here ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: 0 1999 National Notary Association - 9350 De Soto Ave.. P O. Box 2402 -Chatsworth, CA 91313-2402 - www.nationalnotaryorg Prod No 5907 Reorder. Call Toll -Free 1-800-876-6827 7heStPdUl POWER OF ATTORNEY Power of Attorney No. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 22775 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Certificate No. 9 8 3 6 5993 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 duly 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 James A. Schaller, Rhonda C. Abel, Jane Kepner, Nanette Mariella-Myers, Mike Parizino, Linda Enright, Jeri Apodaca, Patricia H. Brebner, Leigh McDonough and Alexis H. Bryan Costa Mesa California of the City of , State , their true and lawful Attomey(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. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 4th day of October 2001 Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company SW+ff tl/•-� r. S o'. y" A'YO yry. ,�* � CpllO�nE 1'o�vo.R��F m F::�p„YOR�tF:,n� `i ""._•....ieU �O-"_."�+,tY 1927 rw •n. �i_SB�iL:;i N rasa � 1sn � � '�� �aSEAL:�ot •,. :a � � � 1951 State of Maryland City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary On this 4th day of October , 2001 , before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, 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. i, EAS�.�, 0 ¢� /VO, i In Witness Whereof, I hereunto set my hand and official seal. a� BV C My Commission expires the 13th day of July, 2002. ao 9f CTt *Q4W- A A44 - 61-4-kd� REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2000 Printed in U.S.A. Dennis Lorton & Assoc., Inc. 86110. Hampton Avenue Huntington Beach, CA 92M Demolition of Overmyer Reservoirs 1 No. 1 and No. 2 CONSTRUCTION CONTRACT No. CC-1104: Phase 1 y 1 1,111 UN 1001 FEB 2 b SECTION C PROPOSAL for the City of Huntington Beach Water Division Demolition of Overmyer Reservoirs No. 1 and No. 2 CONSTRUCTION CONTRACT No. CC-1104: Phase I 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 75 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, findbidder' s bondin the amount of $ fD o L7which 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 C-2 Project Bid Schedule A City of Huntington Beach Water Division Demolition of Overmyer Reservoirs No. 1 and No. 2 Bid Items Item No. Description Cost 1. Lump Sum Items: Complete construction of the Overmyer Reservoirs No. 1 and No. 2 demolition, including all items of work required by these Specifications and Drawings, excepting the work described in Bid Schedule Item 2, for the lump sum amount of $ 256, 831 .35 2. Shoring, Sheeting, and Bracing as required by Section 02050, paragraph 1.3(E) of these specifications, for the lump sum amount of $ 0.00 Total Bid Price (Items 1 and 2) $ 256, 831.35 (IN NUMBERS) TOTAL BID PRICE IN WORDS: Two Hundred Fifty—six Thousand Eight Hundred Thirty—one Dollars & Thirty—five Cents The owner reserves the right to reject any or all proposals. 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 24 % PENHALL COMPANY 1801 Penhall Way, Anaheim, CA 92803 568673 A 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 of Orange v_n A • <, A. (.-.,o-r+o ,o , being first duly sworn, deposes and says that he or she is pr Of G ; n n . s 1. c Tco � - L . 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. DENNIS LORTON & ASSOCIATES, INC. Name of Bidder Signature of Bidder 8610 Hamilton Avenue Huntington Beach, CA 92646-6303 Address of Bidder Subscribed and sworn to before me this , day of '�� , 200 KIM A. SEARLS UcL 4iffC=nn*dm 1286194 W calftmb Crave Ca M1'��tf.64�SDeC1S�4 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 Demolition of Overmyer Reservoirs No. 1 and No. 2; CC-1104; (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: Ce, L, a6 L aool)- DENNIS LORTON & ASSOCIATES, INC. Contractor By Res, 4 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 provisions before commencing the performance of the work of this contract. Date: Fe -to, a.(., . �- coo �- DENNIS LORTON & ASSOCIATES, INC. Contractor —Zefl�, By Title C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: DENNIS LORTON & ASSOCIATES, INC. Bidder Name 8610 Hamilton Avenue Business Address Huntington Beach, CA 92646-6303 City, State Zip ( 714 ) 969-5909 Telephone Number 786018 A State Contractor's License No. and Class 10/31/00 Original Date Issued 10/31/02 Expiration Date The work site was inspected by Dennis Lorton of our office on Feb. 15 , 2002 . The following are persons, firms, and corporations having a principal interest in this proposal: Dennis Albert Lorton Dennis Anthony Lorton James Craig Cope Robert Jeffrey Cope Kevin Scott Brookman Todd Michael McKnight C-10 R 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. DENNIS LORTON & ASSOCIATES, INC. Name Signature of Bidder Dennis A. Lorton Printed or Typed Signature Subscribed and sworn to before me this �6 day of �Cr�,zr , 2 NOTARY PUBLICS C� Commission# 12WIIP4 Notary Public - cbma nit Orange County NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 01 0 GiyDEe 77Vis ll*VZ 2.- Ge,6*-C. Name and Address of Public Agency (�02.e Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Complete C-11