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Caliagua, Inc. - 2003-08-18 (2)
RECEIVED BY: i (Name),n (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to ' City Clerk's Office after signing/dating 1,:0j �r4 CITY OF HUNTINGTON BEACH FINTERDEPARTMENTAL COMMUNICATION z�w TO: Shar' reidenrich, City Treasurer FROM: ff DATE: SUBJECT: Bond Acceptance I have received the bonds for.,, (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved 40 (Codncil Approval Date Agenda Item No. City Clerk Vault No. .-/ r #27 g Yollowup/bondletter chic r- 0 �JJR) City of Huntington Beach OLD INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Joseph Dale, Contract Administrator DATE: March 15, 2006 SUBJECT: Retention Release Payment Company Name: Caliagua, Inc. Address: 15148 Sierra Bonita Lane City, State and Zip Code: Chino, CA 91710 Phone Number. (909) 393-9398 Business License Number. A, B, C4, C36 359728 Local Address: N/A Notice of Completion Date: In Progress Contract Purpose: Retention Release for Cash Contract 1063, Water Well #12 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on f n the ject at this time. - Date Robert F. Beardsley, Public WorIV Director I certify that there are no outstanding invoices on file. 3.31-o t Date Freidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. _ J 1063 Ret Rel Memo.doc 3/15/2006 10:54 AM PLEASE COMPLETE THIS INFO! RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Joseph Dale, Public Works Dept. P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT: LION Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIIIIIIII(!IIlIflIIII!!(I!!!!IlIIIIlI!!!I!!illl!!I!!llilllll(!liliillllNO FEE 2006000188422 04:07pm 03122/06 102 4 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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 Callagua, Inc. who was the company thereon for doing the following work to - wit: WATER WELL #12 IMPROVEMENT PROJECT; CC-1063 That said work was completed November 4, 2005 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 November 9, 2006, per City Council Resolution No. 2003-70 adopted October 6, 2003. That _AW said_contract Insurance Company of the West 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 March 15, 2006. Director of Public Works or —City Engineer STATE OF CALIFORNIA) 4+'-""ity of Huntington Beach, 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 and regularly ordered to be recorded in the Office of the County Recorder of OrangjjCounty. _ Dated at Huntington Beach, California, this March 15, 2006 Director of Public Works or City Engineer City of Huntington Beach, California was duly 4 )T If or THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 4*.059-TH1 E PAGE (R7/95) RECEIVED Sr. (Date) CITY CLERK RECEIPT COPY Return DUPUCATE to City Clerk's Office after signing/dating ,y CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sh . reidenrich, City Treasurer FROM: DATE: D SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. zf fJ p e� 14�2 Re: Tract No. CC No. uZ3 MSC No. Approved (Co ncd Approval Datef Agenda item No. City Clerk Vault No. #27 g"owupNondletter d= -I.C.W. GROUP ORIGINAL ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY nINDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 MAINTENANCE BOND Bond No.l 886199 Premium $INCLUDED IN THE PREMIUM CHARGED FOR THE PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, CALIAGUA, INC., as Principal, and INSURANCE COMPANY OF THE WEST, a corporation organized under the laws of the State of California and authorized to do a surety business in the State of CALIFORNIA, as Surety, are held and firmly bound unto the CITY OF HUNTINGTON BEACH in the sum of the FINAL CONTRACT PRICE: ONE MILLION FIVE HUNDRED NINETY THOUSAND FIFTY FIVE 8911WS ($1,590,055.89), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated this 13TH day o€FEBRUARY, 2006. WHEREAS, on the , the said CALIAGUA, INC., as contractor, entered into a contract for WATER WELL NO. 12 - CC-1063 for the sum of ONE MILLION FIVE HUNDRED SIX THOUSANDN EIGHT HUNDRED FIFTY TWO 00/100'S ($1,506,852.00); and, WHEREAS, under the terms of the specifications for said work, the said CALIAGUA, INC. is required to give a bond for the FINAL CONTRACT PRICE: ONE MILLION FIVE HUNDRED NINETY THOUSAND FIFTY FIVE 89/100'S ($1,590,055.89), to protect the CITY OF HUNTINGTON BEACH against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same, namely, until ONE YEAR FROM AND AFTER THE DATE OF THE COMPLETION AND ACCEPTANCE OF SAME. NOW, THEREFORE, if the said CALIAGUA, INC. shall for a period of one year from and after the date of the completion and acceptance of same by said CALIAGUA, INC. replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. CALIAGUA, INC. BY: 141A—_ . Gus Br, r, President <14 INSURANCE COMPANY OF THE WEST a� BY fBLEON�ARD IN -FACT 'rL GN-ICW 163 (7/00) CALIFORNIA ALL-PURPObt ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On FEB 1 3 2006 before me, DANNA K. BAKER, NOTARY PUBLIC , Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared JULIA B. LEONARD, ATTORNEY IN FACT Name(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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their DAN7;( BAKER signature(s) on the instrument the person(s), or the entity upon CO386368 behalf of which the person(s) acted, executed the instrument. NOTAR- CAUFORNIA RIVEOUNTY M comm. Nov. 2006 WITNESS my hand and official seal. 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator . - ❑ Other: Top of Thumb here Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee IMiiii ❑ Guardian or Conservator ❑ Other: r Top of Signer Is Representing: 13D-1133 09/00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino ss. On 2- 7 10(o beforeme, Jolene Sword, Notary Public Date Name and Title of Officer (e.g.. -Jane Doe, Notary Public') personally appeared Gus Bruner Name(s) of Signer(s) 11. ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personA whose name(K) isMIG subscribed to the within instrument and acknowledged to me that he/9hX/MAVQxecuted the same in hisR)X*bdr authorized capacity )c and that by his/itatkNk signature(o on the instrument the person(s), or the entity upon behalf of which the person(* acted, executed the instrument. WITNESS my hand and official seal. L;0� Lz�_td - Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-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.nahonalnotary org Prod. No 5907 Reorder. Call Toll -Free 1-800-876-6827 BOND NO. 1886199 No. 0002916 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint KENNETH A. COATE, MARK N. GLADDING AND JULIA B. LEONARD their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November, 2005. INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY ktu 1. �SEAA ,`�a9 INDE PENDENCE ENCE CASUALTY AND SURETY Jeffrey D. Sweeney, Assistant Secretary State of California } ss. County of San Diego John L. Hannum, Executive Vice President On November 1, 2005, before me, Francis Fafaul, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, 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. Francis Fafaul, 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 respective Boards of Directors of each of the Companies: "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 Attomey(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 Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do 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 respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 13TH day of FEBRURRY 2006 Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-11 It 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, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. qq@qa Inc. City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: CC-1063 Water Well No. 12 Project No. Title AGC CALIFORNIA hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. CC (Signatwe,d Gus Bruner, President APPROVED AS TO FORM VS;7ah GRATH, CnyAaony %�/rney 1 Zl ! . g:U1owup%cashconftwhcon1.doc procedure #14 15148 Sierra Bonita Lane - Chino, CA 91710 - License 359728 - (909) 393-9398 - Fax (909) 597-5167 V www_capanusm neat DECLARATION OF SATISFACTION OF CLAIMS Caliagua, Inc.. ; state: (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: i Water Well No. 12, CC-1063 and dated 5/ 1 7/ 2 0 0 4 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") General Pump Company, Inv #8453, $201558.40 declare under penalty of perjury that the. foregoing is true and correct. Executed at Chino, CA on this 17th day of (Location) gJo11owup\cashcontXcashcon2.d0c procedure #IS February 20 0 6 P,;;-,. nature of Contractor) Gus Bruner, President APPROVED AS TO FORM Ekepu;ty INIFER McGRATH, City Attorney Sutt" l�ty Attorney PASCAL & LUDWIG CONSTRUCTORS 2049 E. FRANCIS STREET ONTARIO, CA 91761 BID FOR: WATER WELL 12 CONTRACT: NO. 1063 BID DATE: 3/29/04'@ 2:00 Pm CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 9 .A. 4 & -, . O-L-a CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK �- � � AD , 2004 To: �S iU.S�7X.l�CC_i`��S Enclosed please find your original bid bond issued"by t,—O. for 20 Joan L. Flynn City Clerk JF:pe Enclosure CALIFORNIA 92648 gJfol lowup/cashcont/retumbidbond.doc (Telephone: 714-536-5227 ) Y` Fa SAFECO' BID BOND KNOW ALL BY THESE PRESENTS, That we, Pascal & Ludwig Constructors of 2049 East Frances Steet, Ontario, CA 91761 as Principal, and SAFECO INSURANCE COMPANY OF AMERICA (hereinafter called the Surety), as Surety are held and firmly bound unto SAFECO Insurance Company PO Box 34526 Seattle, WA 98124-1526 (hereinafter called the Principal), City of Huntington Beach (hereinafter called the Obligee) in the penal sum of Ten percent of amount bid -------------------- Dollars ($ 10% ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Water Well 12 / Cash Contract No. 1063 NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 22nd day of March 2004 Pascal & Ludwig Constructors (Seal) Principal Witness Title SAFECO INSURANCE COMPANY OF AMERICA Witness Bye Rebecca Haas -Bates Attorney -in -Fact S-0053/SAEF 10/99 ® A registered trademark of SAFECO Corporation FRP V/ r' STATE OF California SS. COUNTY OF Orange On 03/22/04 before me, Annette Chawki, Notary Public PERSONALLY APPEARED Rebecca -Haas —Bates personally known to me xxVx=) to be the personpt) whose name;t) is/aYe subscribed to the within instnument and acknowledged to me tha0e/she/AWy executed the same uddLherA*X%authonzed capacitAW, and that by AUlherh signature(.11p on the instrument the persot4t), or the entity upon behalf of which the person(x) acted, executed the instrument. WITNESS my hand and official seal. t Signature OPTIONAL ANNETTE CHAWKI •• COMIC #1305896 W Notary Public-CalNomia CA ORANGE COUNTY -+ ..,. My Comm. Exp. May 26, 2005 [ This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Safeco Insurance Company of America DESCRIPTION OF ATTACHED DOCUMENT Bond TITLE OF TYPE OF DOCUMENT . —1— NUMBER OF PAGES 03/22/04 DATE OF DOCUMENT OTHER THAN NAMED ABOVE ID•1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT r FaS A F E C a POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 12861 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ********•******WILLIAM SYRKIN; REBECCA HAAS-BATES; SERGIO BECHARA; LEONARD ZIMINSKY; CLOE BIERMAN; Irvine, Califomia********4******** its true and lawful attomey(s)-in-fad, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 15th CHRISTINE MEAD, SECRETARY CERTIFICATE day of October 1 MIKE MCGAVICK, PRESIDENT Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 2003 "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fad or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or. in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V, Section 13 of the By -Laws, and (fi) A copy of the power-of-attomey appointment, executed pursuant thereto, and (it!) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 22nd day of 1 SEAL x i S-09741SAEF 2/01 March CHRISTINE MEAD, SECRETARY 2004 0 A registered trademark of SAFECO Corporation 10/17/2003 PDF SECTION C PROPOSAL for the WATER WELL 12 CASH CONTRACT No. 1063 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 270 working days, 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 PROJECT BID SCHEDULE — WELL 12 Item Estimated Item with Unit Price written in words No. Quantity 1 Lump Sum* Building per Lumv Sum of 1l^�W40ollars (in words) $ 3 7 7 6 orb tl' (in figures) 2 Lump Sum* Site Work per Lump Sum of Dollars (in words) $ 2, O 6 Ct0 0^ (in figures) 3 Lump Sum* Pump and Motor Assembly ay.c �- -171M.0g,4 AA),t Dollars (in words) V 2 4 3 60 00, (in figures) 4 Lump Sum* Chlorine System per Lump Sum of "1�L�rc9.-dt Dollars (in words) $ I 9L, M 96- (in figures) 5 Lump Sum* Fluoride System per Lump Sum of -)U�'o Dollars (in words) $ (in fi es) 6 Lump Sum* Landscaping per Lump Sum of T' sv--c-a�^-� Dollars (in words) $ 23 crZ (in ures) 7 Lump Sum*ing, ittinl vU""1 Lum u o Dollars (in words) $ S �% (in figures) lec 'cal, Insn n tion and Controltems per Lump Sum 8 Lump Sum* Dollars (in words) $ 3 tit °% (in figures) 9 Lump Sum* Ventilation Syste per Lump Sum of Dollars (in words) $ °�' (in figures) 10 Lump Sum* norail S �temperLurnpSumof Dollars (in words) �' in figures) 11 Lump Sum** All Remaining Systems, Appurtenances, and Equipment per Lump Sum of Dollars (in words) $ 3 O?fl %` (in figures) an Total Amount Bid In Figures **: $ 5 % 10 D Grand Total Amount Bid in Words**: c5k-a * Lump sum includes furnishing all mobilization, transportation, labor, equipment and materials required to construct all improvements and miscellaneous work in accordance with the drawings and specifications. ** Grand total shall include all work necessary to provide all improvements and services indicated in the drawings and specifications for a completely functional facility allowing for Huntington Beach occupancy. Any work not clearly a part of Divisions 01 through 20 shall be identified separately and included in Bid Item 11. C-1S.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 I bw 4 in the amount of $ !� A4 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 Note: Performance curve and Equipment Drawings shall be provided with the bid as required by Section 11300, Subarticle 1.3C. and Subarticle 2.2D. See Section 11300. C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 LIST OF MANUFACTURERS The Bidder shall set forth the name and business address of the manufacturers listed below. Equipment Name and Address of Manufacturer Supplier Motor US Pump ,� .a� Check Valve e Chlorine Contaminant Units G- 7' G a Chlorine Equipment R F c— wL Butterfly Valves Valve Actuators 7- A-e�) /OA,,v�� Fluoride Pumps L Fluoride Monitor PRE Aj 7- Chlorine Monitor By submission of this proposal, the Bidder certifies: 1. That he will provide the equipment manufactured by those listed above. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of GrmgeW"el� being first duly sworn, deposes and says that he or she is of 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. Q&j0'0../ Signature of Bidder 2 C>47 Zc its S'r' Address of Bidder Subscribed and sworn to before me this day of Auk , 2004. SYBIL ZAMBARD) Cflmmisdon # 125910 lblcry Public - Cditrr t: San Bemardino County * C0MM.FgiftApr29.2W4 NOTARY 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 WATER WELL 12, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 3 -74-vg Contractor .I" or 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 1*1P0 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: Vol By Title C-8 UNDERGROUND SERVICE ALEI, f 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 1-800-4224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: 1Pi1;TS L 4 krlwla, 6X:XaTlPuz2vX6 Contractor OPP" ZA," By Q �� 4.--. 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: A.14A. ie c lyjj / / 11r41A Bidder Name l/ Business Address 0 Telephone Number 3736-��5" U"55 /f State Contractor's License No. and Class Original Date Issue q- 30- Expiration Date State Zip The work site was inspected by7 La a1wf of our office on .9 A-9 , 20 ,0* The following are persons, firms, and corporations having a principal interest in this proposal: qz�fx Ltt,�/, " & I - Ail jA ru i 6-7:.4V9;e 1-)-sjvt- rec-- C-10 The undersigned is prepare r Ito satisfy the Council of the City of Hugton 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 61-gn/ �y�wiG ✓ Printed or Typed Signature Subscribed and sworn to before me thip lay of L . i - - s�Irn Commission N 1?�91l� Notary Pubic - Cd Wft San Bemardtno Courdy 1�'7 *Comm. ExpIres Apr210=4 NOTARY PUBLIC _& 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: 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 OWNERS/REPRESENTATIVES Brian Peck Tom Rulla Steve Malloy Jim Wyatt Dan Ferons/Bart Lantz Carlo Habash Vince Jones Bill Post Steve Conklin/Mike Markus Anthony Poli Roland Rossmiller Loren Sober Lon Tsai Joe Sovella Jim Thiel South Orange County Wastewater Authority City of Huntington Beach Irvine Ranch Water District Eastern Municipal Water District Santa Margarita Water District Moulton Niguel Water District City of Los Angeles Long Beach Water Department Orange County Water District Rowland Water District Padre Dam Municipal Water District Elsinore Valley Municipal Water District West San Bernardino County Water District South Coast Water District Chino Basin Watermaster ENGINEERS George Beliew John Carollo Engineers Larry Gallery Robert Bein, William Frost & Associates Mike Podergraez William So & Associates Steve Tedesco Tetra Tech, Inc. Ash Dingra Montgomery Watson Engineers William Ingalsbe Perliter & Ingalsbe Zac Sidawi Sidawi & Associates Steve Andrews Steven Andrews Engineers Dexter Wilson Dexter Wilson Engineers Mark Butier Butier Engineering Dexter Wilson Wilson Engineering (949) 234-541 1 (714) 536-5227 (949) 453-5300 (909) 766-1810 (949) 459-6655 (949) 448-4033 (562) 485-3058 (562) 570-2300 (714) 963-5661 (562) 697-1726 (619) 448-31 1 1 (909) 674-3146 (909) 875-1804 (949) 499-4555 (909) 484-3888 (909) 884-2228 (949) 855-3615 (760) 242-2365 (949) 727-7099 (626) 796-9141 (626) 245-5785 (714) 966-1416 (714) 935-9844 (760) 438-4422 (714) 832-7222 (760) 438-4422 03/29/2004 08:40 9099474722 PASCAL LUDWIG PAGE 01/01 -ccmgA muwi-Vo(miladw"WO t BB'1T6t wvz 1.6 KS 4'OQ "Tu !'OBsr Zi lA!14 4"'iZ L6' Al" iwlu£ 491i$44 134•SZ99 OVO4 C5 WE V M wear O'BZ9r''. tie' 1 " ECIS 8 L't! 10'L" 8'C z dg-aml. 6wm 8'BG 9D•68t' ► 4L.9t 29'££bL► ZL'= IM f d•£2S TGOB £76 WE L 9Z` M Z-0 aw lss }�nwu p'su!°baU KWp4 pawft)jx-vd ft""m p"" MOW %ampmA iM -s�Wft4sa4 ^ CdVU q fdamno" 9eMWA%0N 4 mq=s '"%ukymr&a*wwxgmd"aqugedvoupIle jal AMM %jaJOU OW-0 h1Si a mtmdqvul pAw cA Oupom 0""a 40011W1d u M"M aQj•daamwsdN L4.99-dwKw3kq) OW& :4'ds 8 "c 'PwH 040J. Wpg :,PH JMA LudO sn NZL' -.0 @;*+ AVO ;P",d a 1 way 1,t•LL x a" d Phi S ` u Bamm :-ON JPFtla+l $!`7L x 90 14 Ntw dwnd arl��l i �A ' W9MI9 ._.. fed .•-. ---- , d!Pum 4f 00 VdU OLO Viruft'u-N wl —OMG B MMR& - IROWA §M%Md ^. -- _-- :ppv" dumd ►00Z '9Z wi-w Aowfi : am L WH W*d if a 1 SgZ Sf1 � ON u wnb atamw fm 9EQ 846 rdo �2Z ' ow W,, tpu vua4d Jd6W.M1yy *"85 p"Baa . MOM Ann 5a s-&sum Va `-wplP'_4 081 83S •re'V ad.mylssuasp i LM P* d umd "wela+d :a0mmena 5'imi) Se 3E)Vd vi gm-kfMd DNIIl G_LS PELOSL40TL Tp:sl b09Z/s6/69 n.rr ❑tiiT7" Ver urqxw 2976 069 Zoe i xm 20:60 t0/6Z/CD _ 1 03/29/2004 09,04 9092451490 CADRI CC �*/��1' C . �"'[ PAGE 02 Cadri Company Inc. * 540 Third Street * Lake Elsinore, C.A. 92530 G L Engineering Co., Inc. 8542 Hamilton ,Ave., Huntington beach, Ca. 92646 Telephone (714 374-2270 Fal (714) %9-9944 MRMh 29, 2004 Pro je . City of D'nntiogtan Bank Well No. 12 G L Ughweiring Co., Inc. hereby *Wr if3es int"t to assume and exeeute full respronsibuity to select, furnish, supe"In iustaIIation and a*nwetkm4 test and calibrate, plate into operatioz4 all spedfled ingminentatival equipoent and all assemblies, campoav^ And accessarift needed to Phce into 8t"ke eMplet e operstWg instrnme4atation and evatrol system, #U in full ton4PUsuce with the regaireanents of the Cautract Documents. la addition, it is certified that the draw and data will be proinred wd submitted, ispaecified Acid services vvM be porfornnl by qualified Veneanel, the eity's operating and maintenswe personnel will be inatructedo and technical manuAls will be prepared and submitted. Finally, it is eardlWd that the gaotadon offerW provides for fun and con plate empliancewith the requir mmats of the Contract Doeumenta without eatception. . Lair President Cadri Company Inc. * 540 Third Street * Lake Elsinore, CA. 92530 TO/TO 39VJ giman-1 -ivos7d ZZLPLP6606 LE:80 b00Z/6Z/60 To: CITY OF HUNT INGTON BEACH PUBLIC WORKS DEPARTMENT 2000 MAIN ST. HUNTINGTON BEACH CA 92648 BID pRoposA-L FOR: WATER WELLS 12 I cl b Z UIVI Moo 1 r-),j,'jjNnH A 9� .1 ci bz um wl vo 40 AIIJ 6 Fj CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK y 2004 To: Aje %3 4/6 CALIFORNIA 92648 Enclosed please find your original bid bond issued by —'e4vLx-ff 4� IIJIJ777zc1-Z7 O/= 74R, /- iTE,--7J for — zo Joan L. Flynn City Clerk JF:pe Enclosure g:/foIlowup/cashconCrew mbidbond.doc (Telephone: 714-536-5227 ) THE AMERICAN INSTITUTE OF ARCriiTECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Southwest Engineering, Inc. as Principal, hereinafter called the Principal, and First National Insurance Company of America a corporation duly organized under the laws of the State of Washington 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 Not to Exceed Ten Percent of the Total Bid Dollars ( 10% ), 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 Water Wells 12 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 29th day of March, 2004 Southwest Engineering, Inc. (Witness) (Witness) AIA DOCUMENT A310 . BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 (Pri I) (Seal) By: (Title First Na ' a nsurance pan, of America ,� �% (Surety) (Seal) P. Bluer, Atforrfey in Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT } ss. County Of Los Angeles ) On March 29, 2004 before me, Gail Kelch, Notary Public Date Name and Title of Officer (e.g.. "Jane Doe. Notary Pubricl personally appeared P. Bauer Name(sl of Signers) GAIL KELCH Commission # 1366102 Notary Public - California Los Angeles County My Comm. Expires Aug 21, 2006 LZ personally known to me :, proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/aae subs'Cribed to the within instrument and acknowledged to me that WshedihWexecuted the same in ,N;$/her{ authorized capacity(iez), and that by ��/her/#,lRjaik signature(s) on the instrument the person(W, or the entity upon behalf of which the person(4) acted, executed the instrument. WITNES my hand and official seal. �" n Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above:; Capacity(ies) Claimed by Signer Signer's -Name: = : • f' r, individual Tap at thumb here i Corporate Officer — Title(s): Y Partner — O limited O General �' F �. :1 Attorney in Fact ( r Trustee - Guardian or Conservator :1 Other: r. f Signer Is Representing. IiI f ��, - ,rc,�.;�.,� -• _ ... �c.ac, ,mac: �c:><c. = mac. - yc.: ,r ,r �, C 1997 National Notary Association • 9250 Dc Soto Ave.. P.O. Box 2402 • Cnatsworth. CA 91313-2402 Prod. No. 5907 Reamer. Call Toll -Free 1-800-876-6827 F31 SAFECO' FIRST NATIONAL SURETY PO BOX 34526 SEATTLE, WA 98124-1526 KNOW ALL BY THESE PRESENTS: POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY PO BOX 34526 SEATTLE, WA 98124-1526 No. 9763 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint +++rrrrr...•r.rsa.*•retr■rss.+«s*.►*•**w»+►r.►.rRICHARD ADAIR; P. BAUER; Glendale, Cahfomia`*•""'*••*'"'"**"'•"*'•�*""*s++»a.e►..s■.■.sw.s its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 27th day of August , 2003 CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as atiomeysan-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking' Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this SEAL 8 192 f01 A 29th day of March CHRISTINE MEAD, SECRETARY 2004 -1049/FNEF 7/98 ® A registered trademark of SAFECO Corporation 08127/2003 PDF SECTION C PROPOSAL for the WATER WELL 12 CASH CONTRACT No. 1063 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 270 working days, 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 PROJECT BID SCHEDULE - WELL 12 Item Estimated Item with Unit Price written in words No. Quantity 1 Lump Sum* Building per Lump Sum of Two 11UNDaEn fIFN ntt>U5&4D Dollars (in words) $ 2M40DO (in figures) 2 Lump Sum* Site Work per Lump Sum of MP RUN Pgo Tr 9411 T-HbUS&rQ2 Dollars (in words) $ 22n60D (in figures) 3 Lump Sum* Pump and Motor Assembly D IE hK)V1uh Dollars (in words) $loy. obb (in figures) 4 Lump Sum* Chlorine System per Lump Sum of Ot�l_ _ _�: NhIpIgo TWEtli F? OSAt4f)Dollars (in words) $ Fluoride System per Lump Sum of (in figures) 5 Lump Sum* 91i(1Y '1MUSAN12 Dollars (in words) $ GO 1 00 (in figures) 6 Lump Sum* Landscaping per Lump Sum of tie DiV14Shht h Dollars (in words) $ (in figures) 7 Lump Sum* Piping, Fittings, Valves per Lump Sum of ONE HM14 EO TWNf fipNS&tD Dollars (in words) $ (in figures) 8 Lump Sum* Electrical, Instrumentation and Control Systems per Lump Sum 'P 0--44rn �►lZoufAt.10 Dollars (in words) $ (in figures) 9 Lump Sum* Ventilation Systems per Lump Sum of Dglayr( IM145hH13 Dollars (in words) $ 260 Q (in figures) 10 Lump Sum* Monorail System per Lump Sum of Tiffwt7 (V5 uSM'jh Dollars (in words) $ j5.QQQ (in figures) 11 Lump Sum** All Remaining Systems, Appurtenances, and Equipment per Lump Sum of QJX OW urA Dollars (in words) $ 2c� ooa (in figures) Grand Total Amount Bid In Figures **: $ poD w Grand Total Amount Bid in Words**: DOE t t bF 1JE * Lump sum includes furnishing all mobilization, transportation, labor, equipment and materials required to construct all improvements and miscellaneous work in accordance with the drawings and specifications. ** Grand total shall include all work necessary to provide all improvements and services indicated in the drawings and specifications for a completely functional facility allowing for Huntington Beach occupancy. Any work not clearly a part of Divisions 01 through 20 shall be identified separately and included in Bid Item 11. C-1S.1 Ck1i0 If awarded the Contract, the undersigned agrees that in the event 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. J A Accompanying this proposal of bid, find �, in the amount of $ (a 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 Note: Performance curve and Equipment Drawings shall be provided with the bid as required by Section 11300, Subarticle 1.3C. and Subarticle 2.2D. See Section 11300. C-2 LtST 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 (fV t 5A/y'Af-.*-JW* O vo rT F. 17 7 W / r, ✓tl � �230aD, is o A PA VI 14 kOOD"I G" /JrMC, s Cf� Ali CA 719 413 24 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 juIST OF MANUFACTURERS The Bidder shall set forth the name and business address of the manufacturers listed below. Equipment Name and Address of Manufacturer Supplier Motor �LU(�4-v?Co IPWMAIPOIA PM Ldg Pump gbh. a � CO. (00 _ VS Check Valve Chlorine Contaminant Units 160 VECA4 HOGIESC Chlorine Equipment Butterfly Valves QK `G Valve Actuators Fluoride Pumps _ M I M11 IIN &PY1jY)!L&NQX Fluoride Monitor _ d Chlorine Monitor 1ENT _ By submission of this proposal, the Bidder certifies: 1. That he will provide the equipment manufactured by those listed above. AM C-4 iv ONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Qfaage, LoS A 6k:?* s 3� RCN A Ft , being first duly sworn, deposes and says that he or she is S of —50- �Jh(cn,r /lahe 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 Si a e of Bidder �Q333 Vc;f e cocJ-r Address of Bidder MACTV1 C0 '910aS Subscribed and sworn to before me this 9Xr%_ day of NAqrA 2004. ARLENE MALOLES DOMINGO LC`4 MM.#1lieNotary pub -California N LOS ANGELES COUNTY =+ My Comm. UP. Aug 7, 2007 C NOTARY PUBLIC N'JF WM066 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 WATER WELL 12, (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: !% 3 o`Z sods ���•,?iryG' �. Contractor Title C-6 DISQUALIFICATION QUESTIONN_ IE 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 W 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 COMPEi. aATION INSURANCE CERT1 -:ATE 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: cl Contractor By Title C-8 UNDERGROUND SERVICE ALEt_. 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: Sf�d '�r✓�--ter'- �r���J.►��tr"� ;r��,,�, Contractor or By of A o y Title lrg�m 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: rSov , Bidder Name �ywy.-tat 6 Business Address `ka).6 S City, State Zip Telephone Number 5 21 J--71 — f� State Contractor's License No. and Class Original Date Issued o6'�- 3o aS Expiration Date The work site was inspected by of our office on o.3 2001 The following are persons, firms, and corporations having a principal interest in this proposal: C-10 The undersigned is prepare,,. o satisfy the Council of the City of H. 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. / ✓ice � �l�� Company Name Signature of Bidder S014 fl Tc Printed or Typed Signature Subscribed and sworn to before me this 9Aday of , 2004. ARLENE MALOLES DOMINGO � �•' 7 mNzg�� miawNTY—, 2007 NOTARY PUBLIC WfsD 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. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 SOUTHWEST ENGINEERING, INC. RECENTLY COMPLETED PROJECT REFERENCES CLIENT County of Los Angeles Department of Public Works PROJECT NAME Marina Del Rey Sea Wall Refurbishment PROJECT DESCRIPTION Concrete Retrofit of Existing Sea Wall DATE 2000 CONTRACT AMOUNT $9,500,000 CONTACT PERSON Steve Shoemaker, CMA Consulting TELEPHONE NUMBER (310) 615-4555 CLIENT Los Angeles County Sanitation Districts PROJECT NAME Puente Hills Landfill Gas Wells — 2001 PROJECT DESCRIPTION Construction of 110 Gas Wells, Power and Air Stations, Piping. DATE 2001 CONTRACT AMOUNT $3,000,000 CONTACT PERSON Abdul Edouni, Resident Engineer TELEPHONE NUMBER (626) 962-8605 NOTE: THIS PROJECT WAS COMPLETED AHEAD OF SCHEDULE WITH $90,000 BONUS RECEIVED FROM THE OWNER. CLIENT City of Arcadia PROJECT NAME 3.9 mg Santa Anita Reservoir Concrete Retrofit PROJECT DESCRIPTION Addition of a new frame wall to existing reservoir, Inlet & Outlet Piping, Manholes, and Vaults DATE 2002 CONTRACT AMOUNT $1,500,000 CONTACT PERSON Jerome Rudding, RBF Consulting TELEPHONE NUMBER (949) 472-3505 CLIENT County of Los Angeles Department of Public Works PROJECT NAME Los Angeles River Invert Project PROJECT DESCRIPTION Reconstruction of 7001f of Los Angeles River DATE 2002 CONTRACT AMOUNT $1,100,000 CONTACT PERSON Gary Johnson, County Representative TELEPHONE NUMBER (818) 346-7415 CLIENT Los Angeles County Sanitation Districts PROJECT NAME Calabasas Liquid Management Systems PROJECT DESCRIPTION Construction of Two Condensate Collection Pump Stations for Liquid Management System DATE 2002 CONTRACT AMOUNT $1,000,000 CONTACT PERSON Anthony Mahinda TELEPHONE NUMBER (626) 962-8605 SOUTHWEST ENGINEERING, INC. ON GOING PROJECTS: CLIENT PROJECT NAME CONTRACT AMOUNT CONTACT PERSON TELEPHONE NO. OTAY WATER DISTRICT PATZIG RESERVOIR FACILITIES $2,700,000.00 JAMES GUMPEL (619) 670-2209 CLIENT Los ANGELES COUNTY SANITATION DISTRICTS PROJECT NAME PUENTE HILLS GAS COLLECTION & DRAINAGE PROJECTS CONTRACT AMOUNT $3,200,000.00 CONTACT PERSON RENE PROVOOST TELEPHONE NO. (626) 962-8605 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: March 11, 2004 March 18, 2004 March 25, 2004 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on March 25 , 2004 at Costa Mesa, California. IN A. The AGENCY hereby affirmatively ensures that minority, business f61�k enterprises will '.be WA Z afforded full' Opp"rtunity, _ Co(ONW& }%' to submit bids in re- sponse to this notice and will 'not be ',dis- criminated against' on NjNI OTONBUtN the basis of race, color, YUBtIC NOTICE IS national origin, ancestry, HEREBY GIVEN that the sex, or religion in any CIVY .Of HU0TINGYON consideration leading to BEACH, `as AGENCY, the award of contract. invites sealed bids for' No bid shall be con- t abovk `statedl, side -red unless it is projects and will t6delve prepared on the ap- such bids in the office proved Proposal forms of the City C►ark,.Second in conformance with the. Floor, 2= Main Street,_ Huntington Beach, Cali- Instructions to Bidders. The bid must be ac- fornia 92648, µp to the, companied by a certified hour of 2,00, p.m., on check, cashier's check; March.29, 2004 Rids will or bidder's bond made be publicly open `ih'"the payable to the AGENCY i C e' ual s hang¢ for an amount no less �> otherwise post' ' other than 10% of the amount . . Copies of -1 6*'''taas, ,bill:, Jhv sµcCessfu,l 6iddULthall-tie.lic8Kse8` Specification's'; and contract documants are in accordance with available from the Office provisions of the Busi- of the Director of Public ness and Professions Code and shall possess Works, 2000 Main Street, W'u+iteirttan a State Contractor's ''the Beach, CA 92W, upon License Class at 0 payment of a $60.1t0 nonrefundable' fee QAt time of the bid opening. The successful Con - picked up, or payment tractor and .his sub - contractors will be of a $85.00.nonrefund-, able fee if mailed' via required to possess (second day)' express business licenses from the AGENCY. mail Any contract entered Project Description:A into pursuant to thid '' new water .production notice will incorporate, of the well incorporating a 400 horsepower electric the provisions State Labor Code. Pur- motor driven vertical suant to the provisions turbine pump. .The subsurface well was of the Labor Code of the State of California„ the previously completed minimum prevailing rate and test pumped. This work gene raijye includes s for of per diern we as each craft, ciassiCation a feature all surfcfeature or type of workman improvements, . furnish- ing all materials and needed to execute the contract shall be those equipment, construction, determined by the installation, and testing of the completed work Director of .Industrial Relations of the State of to begin production. The California, wgqlch are.on 'the 'project schedule is Z70, working days. The _ En -- file at the 0 Ice of Director of public WoNcs, g�neer's preliminary 2000 Main Street, Hun- tington Beach, CA 92648. estimate E AGENCY reserves The AGENCY reserves the right to reject, any The AGENCY will da- or all bids, to waive any duet a 10%AGENCY retention irregularity and to take from all progress pay- bids under advise- ' mentsThe Contractor may substitute an es- m periodent for a maximum 'p. days. crow holder surety of,, equal 'value . to the BY ORDER of the CITY COUNCIL the CITY retention in accordance OF HUNTINGTON i� RECEIVED BY:, (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating L*�A,,Me CITY OF HUNTINGTON BEACH . INTERDEPARTMENTAL COMMUNICATION TO: ZiFreidenrich, City Treasurer ,,rr--�� FROM: �U"� DATE: SUBJECT: Bond Acceptance I have received the bonds for ( ompany Narne) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. & A)L) Re: Tract No. MSC No. Approved Agenda Item No. (Count I Appro al ate) City Clerk Vault No�Aj . 9 -�-6) Oil #27 g:/followup/bondletter dot ;, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 10, 2004 Caliagua, Inc. 15148 Sierra Bonita Lane Chino, CA 91710-8903 ATTN: Mr. Gus Bruner Re: Water Well No. 12 — CC-1063 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the oroiect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, Joan L. lynn City Clerk JF:pe cc: Robert F. Beardsley, Public Works Director Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g:followu p\cashcont\cash con-letter.doc (Telephone: 714-536-5227 ) City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) APPROVED AS TO FORM JE IFER McGRATH, CttyAIAD � Sarah Sutton Putt City Attorney 12 I y l g:followup\cashcont\cashcon 1.doc procedure #14 I DECLARATION OF SATISFACTION OF CLAIMS (Name of Contractor) state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: i and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at on this day of (Location) (Signature of Contractor) , 20^ A PPRO VW ASS TO FORM 7Ekeputy VTFER McGRATH, City Attorney g:followup\cashcont\cashcon2doc utto, Attoraey / procedure #15 INSURANCE COMPANY OF THE WEST P.O. Box 85563, San Diego, CA 92186-5563 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, CALIAGUA, INC. (hereinafter called the Principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by -the laws of the State of CALIFORNIA . as Surety, are held and firmly bound unto CITY OF HUNGTINGTON BEACH (hereinafter called the obligee) in the just and full sum of TEN PERCENT OF BID AMOUNT-----------------------------------~----- Dollars ($ 10% OF BID AMOUNT-- f lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated MARCH 29, 2004 for WATER WELL 12 CONTRACT # 1063 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this day of LARCH W 2004 CALIAGUA, INC. GiV Bruner, President 26TH INSURAN COMPANY OF THE WEST By JULIA B. LEONARD, Attorney -in -Fact ICW CAL 120 (7190) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On San Bernardino 3/29/04 Date ss. before me, Jolene Sword, Notary Public Name and TNe of Officer (e.g., *Jane Doe, Notary Public") personally appeared Gus Bruner Name(s) of Signer(s) XI personally known to me ❑ proved to me on the basis of satisfactory evidence JOLEPE SYMOtiD _emy Commissim s 1368477 NotafyPubSC-Ca1511San Bern► brio County Comm. Expires Aug 6. 20M to be the person(F) whose name(i) isfarfr subscribed to the within instrument and acknowledged to me that hel&heAhey executed the same in his/#i,etflheir authorized capacity(+eej, and that by hi eir signature(lo on the instrument the person(1), or the entity upon behalf of which the person(a) acted, executed the instrument. WITNESS my hand and 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Number of Pages: ❑ Individual Top of thumb here ' ❑ Corporate Officer — Tit►e(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.nationalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827 r j002916 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized tinder the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint KENNETH A. COATE, MARK N. CLADDING AND JULIA B. LEONARD their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. �orr�wr q tsT� o d a o SEAL o �d ,r .4 John H. Craig, Assistant Secretary State of Califomia County of San Diego } SS. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY 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 COMM. #125754t) A U � NOTARY BUC-CALIFORNIA r WA tNl A SAN DIEGO COUNTY � My Commissmmissior. Expires MARCH 19, 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 respective Boards of Directors of each of the Companies: "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 Attomey(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 L the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do 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 respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 26TH day of MARCH 2O04 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, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On MAR 2 6 2004 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 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 j signature(s) on the instrument the person(s), or the entity upon S. L KISETH behalf of which the person(s) acted, executed the instrument. Commisslan w 147 MI z Notary PubAc — CaRtamio f %FSon Bemordlno Courtly My Comm. 8;A Sep 12 2004 WITNESS my hand and official seal. Notary ---------------------- --------------- —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(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ 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 ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of Thumb here BD-1133 09/00 .1t,e °f C21,Co �tai,00 os%y, �ak�ngs, Je bOnas. `u' Sett' aay o\ i t Ise 1 COS ANY SURD RNIA ALL-PURPOSE ACKNOWLEDGEMENT 'ALIFORNIA IVERSIDE q 2 6 2004 before me, S.L. KYSETH, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public") JULIA B. LEONARD, ATTORNEY IN FACT Name(s) of Signer(s) i to me -OR- ❑ proved to iLo ,ov n tea tba by �Ctoti 6,c 4a��t�es. \S �tbe ao sane Seal. a o�tctal ,n 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 my hand and official seal. ------------------------------ OPTIONAL ---- —---- ----------------------- iuired 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. ;ument �� by a � °\U �s aao4te Notary �,°1ic ces tt° t °j tb ss`stant ,ea\S�C'aeC au�,0n`1 �CetaCy te�,xe ce tb the s aet to any' togs Att OCC'�na°ts \ sUCetys\n4 ify`C'g the VaC'a,�ee oQ n,ed a Co ec cect notary e saco sC�\aCat�ae °f ana � n sb1XXX C1�tng °c tbacca,y's'�`t ce4C� am4`4r e aO Coct`paC' y 'Meate a's�cb Cam a{fixeJ by asloe`yaaoQted y`os�ete� may ce C�a\ts°Ce aoly ana b,ae4e� � c e s O\otCOn ce C00,90:M a that the \nsutan OokeL, notbeen JN �n�bec, eote-vcl of ptto�, Gc°o4• CCat Psststa�t S se cef,C t tt Y\ea c o �cys�e`y C\a,tc�s, ase n oYtt`e ° the surety,0jq °\a�cns, 4\ \\ and � t °1fo�a.,°n ° �s att'C�ed HUMBPRINT ELS.IGNER -humb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: General 2,4o4te4 b9 �a�ea aQ Com4�'y' eye zae A ,, L,a b9 '0:�10bet, to 'meYo�ety Ot C hlCw �004, ISSUED IN ONE ORIGINAL COUNTERPART I.C.W. GROUP ® INSURANCE COMPANY OF THE WEST ❑ EXPLORER INSURANCE COMPANY ❑ INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EL C AMINO REAL, SAN DIEGO, CA 92130-2045 0 P.O. BOX 85563, SAN DIEGO, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 www.icwgroup.com BOND NO. 1886199 Premium is included in the Performance Bond PAYMENT BOND PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS: That we, Caliagua, Inc., as Principal, and INSURANCE COMPANY OF THE WEST, incorporated under the laws of the State of California and authorized to execute bonds and undertakings as sole surety, as Surety, are held and firmly bound unto any and all persons named in California Civil Code Section 3181 whose claim has not been paid by the contractor, company or corporation, in the aggregate total of One Million Five Hundred Six Thousand Eight Hundred Fifty -Two and 00/100Dollars, ($1,506,852.00), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these present. The Condition of the foregoing obligation is such that; whereas the above bounden Principal has entered into a contract, dated , , with the , to do the following work, to -wit: Water Well 12 Project; Cash Contract No. 1063 Now, Therefore, if the above bounden Principal contractor, person, company or corporation, or his or its sub -contractor, fails to pay any claimant named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that, the Surety on this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be "awarded by the court to the prevailing parry in said suit, said attorney's fee to .be taxed as costs in said suit. This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assignees in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247-3252 inclusive, and all amendments thereto. Signed and sealed this 28th day of May, 2004. Caliagua, Inc. BY: Gus Yruner, President INSURANCE OMPANY OF THE WEST BY: J ' eonar ATTORNEY -IN -FACT CA-ICW 36 (7/00) APPROVED AS TO FORM.' 01 NNIFE R MaGRXTR, City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino ss. On �141 Ga before me, Jolene Sword, Notary Public Dale Name and Title of Officer (e.g., 'Jane Doe, Notary Public] personally appeared Gus Bruner Name(s) of Signer(s) r,. R personally known to me E ' proved to me on the basis of satisfactory evidence to be the person(Fq whose name(g) isAAPG subscribed to the within instrument and acknowledged to me that he/2hXVX9Cexecuted the same in his>+b>m*b& authorized capacityft)-c and that by his/keX& kk signature(i) on the instrument the persontz), or the entity upon behalf of which the person(§d acted, executed the instrument. WITNESS my ha d a— C �a & nd � ial s Signature of Notary Pudic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Top of thumb here Corporate Officer — Title(s): J Partner — F 1 Limited =J General -J Attorney -in -Fact Trustee F? Guardian or Conservator I Other: Signer Is Representing 0 1999 National Notary Association - 9350 De Soto Ave. PO Boa 2402 • Chatsworth, CA 91313-2402 • www.nationalnotaryorg Prod No. 5907 Reorder Call Toll -Free 1.800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of On RIVERSIDE MAY $ 2004 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 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 acknowledged to me that he/she/they executed the same in S. L KYSETH his/her/their authorized capacity(ies), and that by his/her/their CommLwon # 1274061 signature(s) on the instrument the person(s), or the entity upon Zlow NotcxYPutAc—Catttomta behalf of which the person(s) acted, executed the instrument. San Bernardino County Comm.6rpiSep12,2004 WITNESS my hand and official s7l. -------- ------------- -------- ----------OPT/ONAL-------------------------- ------- ------ 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(s) Signer's Name: Number of Pages: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ ❑ Attorney -in -Fact ❑ Attorney -in -Fact ❑ Trustee " ❑ Trustee ❑ Guardian or Conservator . ❑ Guardian or Conservator ❑ Other: Top of Thumb here ❑ I Other: Signer Is Representing: Signer Is Representing: General Top of Thumb here BD-1133 09/00 ICW GROUP INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real San Diego, Ca 92130-2045 BOND # 1886199 TERRORISM COVERAGE DISCLOSURE The Terrorism Risk Insurance Act of 2002 (the "Act") establishes a program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on the premium. Under the "Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act., The Act further provides that the Federal- Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism that is in excess of the statutorily established deductible for that year_ The Act also caps the amount of terrorism -related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible_ Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and irribedded in the overall premium. No. 0002916 ISSUED IN ONE ORIGINAL COUNTERPART ICW GROUPBOND NO: 1886199 Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies'), do hereby appoint KENNETH A. COATE, MARK N. GLADDING AND JULIA B. LEONARD their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. E�OYYNtYQF \NSGq A) "t^oo INSURANCE COMPANY OF THE WEST 6Gp� THE EXPLORER INSURANCE COh1PAN1 p°OR+�yC.0 �!T 3p0*roM7F0 4 O i �' !R , o ( SEAL K, INDEPENDENCE CASUALTY AND SURETY z *Rkti,,,,stti s� +. `� 01 t f� COMPANY d9:ONA ra `rya a �aa'of John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President State of California } ss. County of San Diego On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Haannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to the 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. I,MARY COBB COMM. #1321341 A V NOTARY PUBLIC-CAUFORNIA (AV s MyyAComlmi55Wr�Exp ryes SEPTEMBER 20, 2005 PW RESOLUTIONS Witness my hand and official seal. Mary Cobb, Notary Public 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 respective Boards of Directors of each of the Companies: "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 Attomey(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 Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in fitll force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in hill force. IN WITNESS WHEREOF, I have set my hand this 28TH day of MAY _2004 John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1,-800-877.111 t 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 tiling claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130 2045 or call (858) 350-2400. ISSUED IN ONE ORIGINAL COUNTERPART I.C.W. GROUP T„= � AL C THE FINA!_ COiJTitAC, �; ®INSURANCE COMPANY OF THE WEST ; CRJHT TO AD_' - ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real * San Diego, Ca 92130-2045 P.O. Box 85563, San Diego, Ca 92186-5563 (858) 350-2400 Fax (858) 350-2707 BOND# 1886199 Premium $18,569.00 Q PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Caliagua, Inc., as Principal, hereinafter called Contractor, and INSURANCE COMPANY OF THE WEST, as Surety, hereinafter called Surety, are held and firmly bound unto City of Huntington Beach, as Obligee, hereinafter called Owner, in the amount of One Million Five Hundred Six Thousand Eight Hundred Fifty -Two and 00/100 Dollars ($ 1,506,852.00), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for Water Well 12 Project: Cash Contract No. 1063 in accordance with drawings and specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this 28th day of May A.D. 2004. Ll�);���_ Jojr�e Sword (WITNESS) ( ITNE ) Caliagua, Inc. 6t, (Seal) By: s Bruner President (Title) INS E COMPANY OF THE WEST y: Leonard Attorney -In -Fact APPROVAQ AS TO FORM: /01 J N1FE Z RATH, City Attomey GN-ICW 91 (TOO) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino ss. On -5-1,9-dc beforeme, Jolene Sword, Notary Public Date Narne and Title of Officer (e g ,'Jane Doe, Notary PUNK') personally appeared Gus Bruner Name(s) of Signers) JOME SWORD commissions 1366477 -u Notary tuft - callomis San Bernardino County Nb Comm. Expires 6, 2006 ffic personally known to me L! proved to me on the basis of satisfactory evidence to be the person(7p whose namepp isXN subscribed to the within instrument and acknowledged to me that he/MU0bN9Cexecuted the same in his>)b> *bek authorized capacity)( and that by his/hqt/ftik signature() on the instrument the personts), or the entity upon behalf of which the person(30 acted, executed the instrument. WITNESS my ;hnd and 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) Claimed by Signer Signer's Name: Individual Top of thumb here Corporate Officer — Title(s): ;.: Partner — i Limited U General Attorney -in -Fact Trustee Guardian or Conservator F Other: Signer Is Representing: 0 1999 National Notary Association • 9350 De Soto Ave.. PO Box 2402 • Chatsworth, CA 91313-2402 - www nabonalnotaryorg Prod. No. 5907 Reorder Call Toll -free 1.800.876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of On RIVERSIDE MAY 2 8 2004 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 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 acknowledged to me that he/she/they executed the same in S. L KYSEM his/her/their authorized capacity(ies), and that by his/her/their Commit on # 1274061 7-signature(s) on the instrument the person(s), or the entity upon �QyPub9c—Cart yrila behalf of which the person(s) acted, executed the instrument. Son Bernardino County t�AyComm. 6pii'esSep 12.2004 WITNESS my hand and o�if Val seal ----------------------------------------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(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of Thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator • ❑ Other: Top of Thumb here Signer Is Representing: BD-1133 09/00 ICW GROUP INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real San Diego, Ca 92130-2045 BOND # 1886199 TERRORISM COVERAGE DISCLOSURE The Terrorism Risk Insurance Act of 2002 (the "Act") establishes a program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on the premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. - The Act further provides that the Federal- Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism that is in excess of the statutorily established deductible for that year. The Act also caps the amount of terrorism -related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in the overall premium. No. 0002916 ISSUED IN ONE ORIGINAL COUNTERPART ICW GROUP BOND NO: 1886199 Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint KENNETH A. COATE, MARK N. GLADDLNG AND JULLI, B. LEONARD their true and lawful Attorneys) -in -Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. �pOVANrO{ 1480q `' dos INSURANCE COMPANY OF THE WEST a o�roNr�fi� SEAL�yc+ ( % p GPQ THE EXPLORER INSURANCE COMPANY a F �� 1 m 1 > INDEPENDENCE CASUALTY AND SURETY COMPANY cAuroxk� S1 *� Qy1 %t 13' 0�14� John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President State of California SS. County of San Diego On December 5, 2003, before me, Mary Cobb, 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. MARY COBB COMM. #1321341 c; to U NOTARY PUBLIC-CAt FOANIA SAN DIEGO COUNTY 0 My Commission Expires SErPTEMBER 20.2005 RESOLUTIONS Witness my hand and official seal. Mary Cobb, Notary Public This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals tinder authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "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 Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf orthe 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 L the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do 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 respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 28TH day of MAY _ _ _ 2004 4�4"64--- John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call i-SOO-877.11 11 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 PON er is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. 06/03/2004 14:50 AON RISK SERVICES 4 917145365212 NO.206 D02 G— CERTWICAT" JF LIABILITY INSURANCE �Ao %o /04 ) PRODUCES Risk services, Inc. of Southern California THIS CERTIFICATE IS ISSUEPASAMATTER O.FINFORMATION ON1.1• 1901 brain Street AND CONFERS NO RIGII'FW UPON THE CERTIFICATE HOLOM TIM suite 300 e� /O 6 3CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Irvine CA 92614 USA oo • ys. COVERAGE AFFORDED RY THE POLICIE.R BELOW. ¢• 49 -63 FAX- 949 60�8--6451 IN6VRERS AFFORDING COVERAGE I""'ft° ��e I/f�-T y INSVRGR A +tartfnrd Fire Insurance Ca. Caliaqua Inc INSM11W State Compensation Ina Fund 15146 Sierra Bonita Lane Chino CA 917108903 USA INsusraC Landmark American Ins Co INSURER0: Scottsdale ins company THE POLICIES OF INSURANCE OSTSD BELOW HAVE BEEN ISSUFOTO'MR INSIIRI:I) NAME06MVE FOR TILE POLICY PERIOD INOWAYtD, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CCR FTRACT OR OTiiGR DOCUMENT WITH RESKCr TO WHICH TFIIS CBRTIF•ICATE MAY Bk ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SURJCCT TA AI.I. TW- TERMS. FOI(.T.LtSIGNS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMM SHOWN MAY HAVE BAN IIWVCGD RY PAID CLAIMS. IMfill POLICY lrpgCTwg ►OLWC RX INATION L e S IR YYr9OIRIIbY1tANC9 POLIGYNUMe6R oATCtMMFiMYY) DAT400Mu)11W) LIMNS T C 6tNE44L6I4Rn.Iry X COMMERVALGI:NERALLIAeN.rIV CLAMS MADE R OCCUR LHA1231691 GENERAL LIARILITV 10/01/03 10/01/04 FACNOC(VIMENCE $1.000.000 a C C v -• FWLDAMAGE( AmeAYhe/ S$0.000 we 9xr4Awgft wwt $5.000 NEgSONAL a ADV INW11Y 51.000.000 r,Rn)iALA6GRtaATE $2.000,000 GEM AOOREOATC LIMIT AMLIES PER F061CV © 16CTpsa 13 LOC a 'L pRolwcTs - coMrfor AGG $z . ono, 000 AUTOMOS ILEL1Awrry x ANY AUTO 121 MK#420 Auto.►rop.ewiD..Eelployee ois 10/01/0) 10101104 COMBMEO STN"E LWIT (toMeaw) S1.000.000 M f ALL OWNED AUTOS 90OILY INJURY L SCHEDULED AUTOS I pNpenanI •� X HBIEDAUrOS x WON oelm Avros AX $500 Collision Ded, ISSUED IN U DATED U OF/CERTIF S� D ATE BOOFLY IMAY (pe, avid+) PROPERTY DAMAQF ipaw. 01) s500 Cale.nee. G4I11A69 1.141106 TV AUTO ONLY. EA ACCIDENT ANY AUTO OILIER THAN EA ACC AUTO ONLY AGG D IMCKULIAMLf7Y OMIR CLADAS MADE XLS WIRRELLA LIAeiLITY 10/01/0 EACNOLYUAREWE AOOREGATE S51000.0011 DEDUCTIBLE RETENTWIN Is NORKERSCOMMSATI0NAN044-1111111192-03 LM/LOYiRYL/ARINYY WOREERS' COW NSATION 10/01/03 STAA- I OTIl- sm EL FACFIACCIDENT S1.000,000 F.I. OrStA&t FOUCYLwtr $1,000,000 E1 DISEASE-EAEMPLOYEE $1.000.000 &OKA PROVED AS TO FORM: iSLwrnoNOFOPRUTWWA.00ARONLIMICLr.MXCWSIONS ADD[O RY CNOMEMCNT16KCIAL PROVISIONS e: water well 12 roject Lsh Contract No. 1�63 JqRNIFER McGRATH, City Attom ee endarsement(s) attached :.IoLi SHOULD ANY OFTWAWVP0 ;CAIRMPOLICIESKCANCEU.EDKfORETNEEXrIRATioN f i ty Oi M��I1ntl n Jtf�n B4RCh DATE THEREOF. TFIR IASUM COWANY wlix ENIN;i.%V611 go MAR. AttO' 8r1C Clldrin $e)0OAYLWRITTEN NWICETOTHE CRRTIFWATEWOLMMAWDTOTNP,LCXV, ne 2000 Main S reet Huntington Kach CA 92648 USA slRa AItTt10RISEp REpResF�rTAnvrr A" iI r f 06/03/2004 14:50 AON RISK SERVICES -> 917145365212 N0.206 IP03 OWA Thisendorsettteat effective: 6/1/2004 forays part of POUCY NUMBER: L14AI23891 Issued to: Caliaguo Inc. By: Landmark American Ins Co GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREIf ULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM 8) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name or Person or Organization: The City of Huntington Reach, its agents, officers and employees Re: Water W0112 project Cash Contract No.1063 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO 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 work" for that insured by or for you. If you are required by a written contract to provide primary insurance, this policy shall be primary as respects your negligence and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Odor Insurance does not apply, but only with respect to coverage provided by this policy AI -Primary APPROVED AS TO FORM: CG2010p(11-85) oq j E IFER McGRATH, City A omey 06/03/2004 14:50 AON RISK SERUICES + 917145365212 NO.206 I704 This endersemest effective: 0/2004 forms part of POLICY NUMOER: LHA323891 Issued to: Caliagua Inc. By: Landmark American Ins Ce THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Huntington Beach, its agents, officers and employees r Re: Water Well 12 project Cash Contract No.1063 The Following is added to SECTION IV — CONDITIONS, S. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHER TO US. We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. This waiver shall not apply for occurrences resulting from the sole negligence of the person or organization shown in the schedule. IC00420396 06/03/2004 14:50 AON RISK SERVICES 4 917145365212 NU.206 905 POLICY: 72UUNGK8420 AUTO LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. READ IT CAREFULLY, AMENDMENT OF CONDITION: TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COMMERCIAL BUSINESS AUTO COVERAGE FORM SCHEDULE Name of Person or Organization: The City of Huntington Beacb, its agents, officers and employees Re: Water Well 12 project Crib Contract No.1063 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). A. This Endorsement provides only those coverages where a premium is shown in the schedule. B. The TRANSFER OF RIGHTS RECOVERY AGAINST OTHERS TO US condition does not apply to the person or organization named in the schedule for "accidents" or "losses" occurring after the effective date of this endorsement. AUTOTRANS t7-9s> 06/03/2004 14:50 RON RISK SERVICES + 917145365212 NO.206 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-04) WAIVER OF OUR R*HT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 3.% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization: The City of Huntington Beach, its agents, officers and employees Re: Water Well 12 project Casb Contract No.1063 (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement effective: Policy Number: 44-9919192-03 Insured: Caliagua Inc. M WAIVER See certificate Insurance Company: State Compensation Ins Fund Countersigned By: M 06/03/2004 14:50 AON RISK SERVICES -> 917145365212 NO.206 901 Am Aon Risk Services, Inc. Construction Services Division Amy Albright 949-608-6304 Phone 949-608-6459 Fax amy_a_1bright(a m.aon.com Fax Transmittal Date: 6/3/04 To: Kris Company: City of Huntington Beach Fax Number: 714.536-5212 No. of pages (including cover): 6 RE: COI Caliagua, Inc. Following please rind the certificate faxed to you on 6/1/04 along with the endorsements. Company Profile Page 1 of 2 Company Profile INSURANCE COMPANY OF THE WEST PO BOX 85563 SAN DIEGO, CA 92186-5563 800-877-1111 Agent for Service of Process JAMES III W. AUSTIN, 11455 EL CAMINO REAL SAN DIEGO, CA 92130-2045 Unable to Locate the Agent_for Service of Process? Reference Information NAIC #: 27847 NAIC Group #: 0922 California Company ID #: 2071-9 Date authorized in California: May 17, 1972 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: CALIFORNIA 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 glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof utl.get_co_prof?p_E... 6/1/2004 . * � Company Profile Page 2 of 2 MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information 1,+,, Company -Enforcement Action Documents Company Performance & Comparison Data Composite Complaint_Studies Want More? Help -Me -Find a.Cq "iany Representative in My Area Financial Rating Organizations Last Revised - April 26, 2004 02:22 PM Copyright © California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof utl.get_co_proPp_E... 6/1/2004 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND G Ar lDr6-,y A, Ape-, FOR THIS AGREEMENT ("Agreement") made and entered into this 70 day of MA V 200y, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and (.._.r/t _N A(QV-7 1 NG, , a California ���,t/t &AL,&t ' C*J , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Le\A-r--xGL VCk� 12, , (f Gc> �L-DrCi� 1063 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/4-03 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/4-03 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/4-03 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 Owe PwtO1rva F,�c I`�vr�12��D SAX I-loqS -Z�y �� Dollars ($q[2�o' 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 'wo WUNo 2VO Wt%O,Gc4G completion within consecutive 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 agree/forms/city const/4-03 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. agree/forms/city consr/4-03 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 consb4-03 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 6OF -A QQ SA%-,�P Dollars ($ � 000 d(IX ) 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/4-03 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/4-03 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. agree/forms/city const/4-03 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/4-03 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/4-03 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. 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. 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 agree/forms/city const/4-03 12 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 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 agree/forms/city const/4-03 13 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 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, agree/forms/city const/4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. 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 consd4-03 15 24. 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. 25. 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. 26. 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. 27. 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. agree/forms/city const/4-03 16 28. 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 fled 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. 29. 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: r �- GVVLL jtj1 2000 Main Street Huntington Beach, CA 92648 agree/forms/city const/4-03 17 TO CONTRACTOR: Z a %AGuA, , 1N U -N- &"0:30� �S 13aA4 Gv11�o , LA- 10 -'�Pq(9 30. 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. 31. 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. 32. 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. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city consd4-03 18 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. 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. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. 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/4-03 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. 37. 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. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. 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 parry or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that parry 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/4-03 20 of this Agreement, and supersede 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 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California �4 � /1(00 h- yor By: �_ L-4"'�D �S V Gus Bruner ATTEST: print name ITS: (circle one) ChairrnanOEdaice President QM AND l�% City Clerk lX print name ITS: (circle one Secrets hief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: Ci Administrator agree/forms/city const/4-03 21 APPROVED AS TO FORM: City A mey ITI TE ND APPRO Director of Public Works CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND 4:: -1 AG0i4- N/-- FOR TABLE OF CONTENTS Page 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 1 1. 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. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON -ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 SECTION C ��'B"�T 74- PROPOSAL for the WATER WELL 12 CASH CONTRACT No. 1063 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 270 working days, 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 PROJECT BID SCHEDULE - WELL 12 Item Estimated Item with Unit Price written in words No. Quanduly 1 Lump Sum* Building per Lump Sum of 299, 242. two hundred ninety nine thousand)ollars (in words) $two hundred forty two dollars in figures) 2 Lump Sum* Site Work per Lump Sum of 280,274. two hundred eighty thousand two Dollars (in words) undred seventy four dattars— (in figures) 3 Lump Sum* Pump and Motor Assembly Dollars (in words) 60iLvv $ 16o,000 (in figures) 4 Lump Sum* Chlorine System per Lump Sum of 28,810. Dollars (in words) $ un r n o ars 2881 0 (in figures) 5 Lump Sum* Fluoride System per Lump Sum of 28,810 twenty eight thousand eight hums (in words) en clollars 28,810. (in figures) 6 Lump Sum* Landscaping per Lump Sum of 36,600 thirty six tho>sand six huK&ftA Dollars (in words) $ (in figures) 7 Lump Sum* Piping, Fittings, Valves per Lump Sum of 66 Dollars (in words) Oyi& $ Ial, rg I (in figures) 8 Lump Sum* Electrical, Instrumentation and Control Systems per Lump Sum :Artt 4wdrgd si:4 ± Dollars (in words) $ 600 (in figures) 9 Lump Sum* Ventilation Systems per LUMP Sum aLOA4ollars (in words) (Y- 'a- 3 go. i (in figures) 10 Lump Sum* Monorai Syqep per Lumn Sum of 3�i g g3 i x ollars (in words) $ (in figures) 11 Lump Sum** All Remaining Systems, Appurtenances, and Equipment per Lump Sum of (2rre_ f�. -.— .dtDollars (in words) $ 20 0(�o (in figures) Grand Total Amount Bid In Figures **: $ Grand Total Amount Bid in Words**: OneiMor Ek * Lump sum includes furnishing all mobilization, transportation, labor, equipment and materials required to construct, ((j all improvements and miscellaneous work in accordance with the drawings and specifications. ** Grand total shall include all work necessary to provide all improvements and services indicated in the drawings and specifications for a completely functional facility allowing for Huntington Beach occupancy. Any work not clearly a part of Divisions 01 through 20 shall be identified separately and included in Bid Item 11. C-1S.1 If awarded the Contract, tht, . ndersigned agrees that in the event o..ne BIDDERS 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 $ 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 Si nature Note: Performance curve and Equipment Drawings shall be provided with the bid as required by Section 11300, Subarticle 1.3C. and Subarticle 2.2D. See Section 11300. C-2 .1ST 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. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 .AST OF MANUFACTURERS The Bidder shall set forth the name and business address of the manufacturers listed below. Equipment Name and Address of Manufacturer Supplier Motor Agidup U 566 e �` Pump 1 Check Valve Chlorine Contaminant Units l6 / " Chlorine Equipment V a S Ko`1- C k Butterfly Valves !e Valve Actuators4y �. Fluoride Pumps _ C 1 or , Fluoride Monitor Pro#1 l ✓1 en Chlorine Monitor i By submission of this proposal, the Bidder certifies: 1. That he will provide the equipment manufactured by those listed above. C4 .,,ONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Gus Bruner , being first duly sworn, deposes and says that he or she is President of Caliagua, 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. Caliagua, Inc. Name of Bidder &- SignaVue of Bidder Gus Bruner, President 15148 Sierra Bonita Lane Chino, CA 91710-8903 Address of Bidder Subscribed and sworn to before me this 26thday of March 2004. NOTARY PUBLIC JOWESWOM 110conKnw" * IWN?7 NOWY Pubk - CBftmio. Son Bwnwdit cony .mycomm. ExpKes Aug 6, 2M olene Sword 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 WATER WELL 12, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 3/26/04 Caiiagua, Inc. Contractor l By Gus Bruner President Title C-6 DISQ%,ALIFICATION QUESTIONNti-AE 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 COMPE�,SATION INSURANCE CERTi_ ACATE 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: 3/26/04 Caliagua, Inc. Contractor Title President C-8 BEDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Caliagua, Inc. Bidder Name 15148 Sierra Bonita Lane Business Address Chino CA 91710-8903 City, State Zip ( 909) 393-9398 Telephone Number 359728 - A,B,C4,C36 State Contractor's License No. and Class 5/22/1978 Original Date Issued 7/31/2004 Expiration Date The work site was inspected by Gus Bruner of our office on 3 / 2 7 / o 4 , 20_. The following are persons, firms, and corporations having a principal interest in this proposal: Gus Bruner, President Caliagua, Inc. C-10 The undersigned is prepare 'ryb satisfy the Council of the City of Hi. .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. Caliagua, Inc. Company Name of Bidder Gus Bruner, President Printed or Typed Signature Subscribed and sworn to before me this 266 day of March 2 JOLENE SWY C NOflfy Pie - ralitumi8 sm B�NM�rriinu county Ow n. . Fxu,rea 6.2 NOTARY PUBLIC /crolene swora ' 41:192=n (Votary Pub1c -ZaN mft ourily Listed below are the names, address and telephone numbers for three p M-- - - - , � the bidder has performed similar work within the past two years: SEE ATTACHED 1. 04 3. 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 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 Completed C-11 03/29/2004 09:06 9092451490 CADRI CO PAGE 02 Cadri Company Inc. * 540 Third Street * Lake Elsinore, CA. 92530 G L Engineering Co., Inc. 8542 Hamilton Ave., Huntington Reach, Ca. 92646 Telephone .(714) 374-2270 Fax (714) 969-9944 March 29, 2004 Project: City of Huntington Beach Well No. 12 G L Engineering Co., Inc. hereby certifies intent to assume and execute full responsibility to select, furnish, supervise installation and connection, test and calibrate, place into operation, all specified instrumentation, equipment and all assemblies, components, and accessories needed to place into service complete operating instrumentation and control, system, all in full compliance with the requirements of the Contract Documents. In addition, it is certified that the drawings and data will be prepared and submitted, specified field services will be performed by qualified personnel, the city's operating and maintenance personnel will be instructed, and technical manuals will be prepared and submitted. Finally, it is certified that the quotation offered provides for full and complete compliance with the requirements of the Contract Documents without exception. J. Lail son President Cadri Company Inc. * 540 Third Street * Lake Elsinore, CA. 92530 SENT BY: CALIAGUA INC; 1� 000 300 0308 ; MAR-20-04 1:40PM; PAGE 2/3 We ecialize exclusively in manufacturing Vert al Pumps for Industrial, Mu ipal and Irrigation Systems VIC F,FIR &VF C,CN&H A&AF } i Indingtria IF indUF.Ir Industrial for Water I r I � i I l Rate of Fle To 35,000 GPM To 35.000 GPM To 10,000 GPM To S,000 GPM Pressure To 2,500 PSI To 1,200 PSI To 1,500 Ft To 400 Ft. ^� Setting ro 50 Ft, To 100 Ft_ To 1,200 Ft. To 250 Ft, —� Liquid Water, Chemical Solutions, Water. Chemical Solutions. Water, Sall Water, Water, Chemical Solutions, Handled Petroleum, Condensates. (Acidic or Alkaline) Mine Water Fuels, Salt Water L.P.G.. Hydrocarbons Hydrocarbons Temp. Rar -150°F To +450°F •1501F To + 450°F Ambient -200 To +140OF Hor-sepow To 3.000 HP To.3.000 HP 1"o 1,000 HP To 3S0 HP Range Drives Llectric Motors, Steam Electric Motors, Steam Electric Motors, Steam Electric Motors & Turbines, Gear Drives, Turbines, Gear Drives, Turbines, Gear Drives, Gear Drives Variable Speed Drives Variable Speed Drives Variable Speed Drives Service Fueling Service, Refinery Cooling Tower Service, Drilled Wells and any Surface Cooling Tower Service, Service, AM 610, Chemical Fueling Service, Water Source, such as Lakes, Pollution Conirol, Plants. ClasPd Suction Refinery Service, API 610, Rivers, Re;oivoirs, Agriculture, Applications;, Chemical Plants, Power Mine Dewatering Booster Service Booster Service Plant Service Materials If Any Machinable & Weldable Any Machinable & Weldable Any Machinable Alloys Any Machinable ,alloys Construct 0 Alloys or Combinations Alloys or Combinations Available for Column & Available for Column & Available. Cast Iron/Bronze Available, Cast Iron/Bronze Bowls. Cast Iron/Bronze Bowls. Cast Iron/3ronze Fitted Standard Fitted Standard Fitted Standard Fitted Standard J Variable Speed Combination Drives Drives Pump Drives Roth Flectrical & Gear Drives Motor & Right Ancle Available: Hydraulic Right Angle Gear Drives 4 SENT BY: CALIAGUA INC; 909 Goo 9398 MAP-29-,04 1:40PM; SAX—&- DZLJLIA ivftl"Lmu 11%, 03/24#04 IS! 41. 71427b-/30 STERLING PMRL" LA PAGE 3/3 49002 PAGE as • ' 1501 E 50' E 71 P"m pumbp con"NEW a" Ave. 8" 140 Fulorhm, CA �141205 "y M Rft"okmW Gghs Mwmgw pm�tbwmom 0 7W eXL 224 W ON 08 MW fax 7 VX om ,M. 0'a. Fax: Qtxft F& L, US-2537-144 Pqp me I I Daft: Rkiny, Much 29, 2004 Gump : PhiVw*m.jemI= fin Um SEA"" Naffin- Im p", to w M&Wk ftIM b2-4n x Mo& Me~ Me~. VoGod TLvbkn Po" Fx ,tpdk4 4als" pl IIASm1229 1-6 TAIRMIN p US x 11.17 .I Fkiw, WNW Few rdw Q-3290 LS gpm owwrowl How; so ft Tompmue,8OF % ep WPa 344jw hpSp. en*. IAM OmmwterM. 88 OF) mw Requkw 21An ft p f&Ito Wyd hn~$n SM m MOMMUM MMW. �i- - ----- ---- Rehx Ibr ad sip ftW mud be odeftd WM Msftft4Nwdem6 W. S"$W In oft H"d 9W.W 32MM W1.69 2u MIS 1331DA3 M3-63 42A 32L12 1194-03 455,95 38.9 3" 10MA? 21 447,0? Ml M.32 VA1.34 6." 81.4 334153 20.18 M5.70 34. 3"'" 08.9 344-M 21.W do".17 up -sot 04.7 251M 2640 4827is6 4 242.90 77.9 331.22 38.30 20" I of Fkm., C 9�" Inc. Contractor List of References & Experience A®C.£ ACC CALIFORNIA Customer Design Engineer Completed Job Description Cont. Amt Moulton Niguel Water District K.I.M. Consulting Engineers Dec-90 Country Village Pump Station $ 659,000 Attn: Carlo Habash Attn: Ken Mullen Ph. (949) 643-2584 Chino Basin Municipal W.D. Brown & Caldwell Feb-92 Prado Park Dechlorination Fac. $ 468,981 Attn: Ken Peterson Attn: Doug Robinson Ph. (916) 445-8870 Ph. (949) 660-1070 Santa Margarita Water District RBF Consulting Engineers Feb-92 Nichols Institute Effluent Pump Stn $ 358,983 Attn: Dan Ferons Attn: Paul Kline Ph. (949) 459-6589 Ph. (949)855-3646 Serrano Irrigation District Daniel Boyle Engineering Oct-91 Construction of Well No. 4 $ 243,373 Attn: Gary Althide Attn: Doug Biglen Ph. (714) 538-0079 Ph. (949) 768-2600 El Toro Water District Steven Andrews Engineering Aug-93 Construction of P-1 Pump St. $ 835,250 Attn: Dennis Cafferty Attn: Steven Andrews Ph. (949) 837-7050 Ph. (714) 935-9844 San Bernardino Valley M.W.D. K.I.M. Consulting Engineers Jul-92 Surge Protection Arrestor $ 123,850 Attn: Louis Fletcher Attn: Ken Mullen Ph. (909) 387-9226 Cal -American Water Co. ASL Consulting Engineers Jan-93 Las Lomas & Encanto Well $ 574,752 Attn: Scott Leadsman Attn: Jerry Elliot Ph. (818) 289-7821 Ph. (949) 727-7099 West Basin Municipal W.D. Don Howard Engineers Mar-93 Desalinization Project $ 453,000 Attn: Linda Palmquist Attn: Don Howard Ph. (310) 217-2411 Ph. (626) 331-3341 Replace Sewer Laterals U.S. Army/Ft. Irwin Ft. Irwin Army Base Feb-93 Replace Water Laterals $ 1,191,525 Attn: Mark Livingston Attn: Mark Livingston Upgrade HVAC at Bldg. #254 Ph. (619) 396-3892 Ph. (619) 396-3892 Upgrade HVAC at Bldg. #326 City of Laguna Beach City of Laguna Beach Dec-93 Bluebird Cyn. & Laguna Beach $ 170,153 Attn: Ross Cox Attn: Ross Cox Pump Station VFD's Ph. (949) 497-3311 Ph. (949) 497-3311 Eastern Municipal Water District Eastern Municipal W.D. Aug-93 Clark Street Lift Station $ 315,000 Attn: Bob Van Doren Attn: Bob Van Doren Ph. (909) 766-1831 Ph. (909) 766-1831 15148 Sierra Bonita Lane • Chino, CA 91710 • License 359728 • (909) 393-9398 • FF�iSe%Yd1�Y(�Rirtfi§\REfAre List x,s www.callagua.net Caliagua, Inc. 15148 Sierra Bonita Lane, Chino, CA 91710-8903 909.393.9398, 909.597.5167, fax Contractor List of References & Experience (Page 2) Customer Design Engineer Completed Job Description Cont. Amt Santa Margarita Water District RBF & Associates Sep-93 Prima Deshecha Pump Station $ 99,964 Attn: Dan Ferons Attn: Michael W. Palzes, P.E. Ph. (949) 459-6589 Ph. (949) 472-3505 City of Anaheim City of Anaheim Mar-94 Well No. 49 Site Mods. $ 390,470 Attn: Isaac Pal Attn: Isaac Pal Ph. (916) 445-8870 Ph. (714) 254-5176 L.A. County Public Works L.A County Public Works May-94 Ave. K/34th St. Booster Pump Stn $ 267,955 Attn: Nelson Attn: Nelson Moulton Niguel Water District ASL Consulting Engineers Mar-94 Master Meter Vault Upgrade $ 148,119 Attn: Carlo Habash Attn: Steve Tedesco Ph. (949) 643-2584 Ph. (949)727-7099 City of Compton City of Compton May-94 Vault Rehab. Project $ 107,136 Attn: Leonard Carter Attn: Leonard Carter Ph. (310) 605-5595 Ph. (310) 605-5595 Moulton Niguel Water District I.W.A. Engineers Apr-95 Wood Canyon Pump Station $ 1,125,012 Attn: Ray McDowell Attn: Mark Bogh Ph. (949) 425-3527 Ph. (714) 968-1221 Rowland Water Distict ASL Consulting Engrs. Jun-95 MacHeard Booster St. $ 372,496 Attn: Tony Poll Attn: Terry Kerger Ph. (562) 697-1726 Ph. (949) 727-7099 Turner Construction Co. L.B.L., Inc. Orange County Offices 2890 Colorado Ave. Jun-95 Kaiser Riverside, Medical Center $ 583,227 Attn: Bill McLaughlin S.M., Ca. 90404 General Conditions Misc. Site Ph. (949) 798-8100 Ph. (310) 829-2249 Concrete and Utilities Southern Cal. Water Co. Southern Cal. Water Co. Mar-95 Calle Linda Booster Station $ 152,166 Attn: Chet Anderson Attn: Chet Anderson Ph. (909) 592-2964 Ph. (909) 592-2964 Kaiser Construction Services Kaiser Facilities Design Dec-95 Cooling Tower Modifications $ 27,230 Attn: Mark Montgomery and Construction Ph. (909) 353-3096 Ph. (909) 427-5016 City of Anaheim Anaheim Arena Sep-95 Storm Drain Pump Station $ 28,595 IPttn: Building/Permits Attn: Mike O'Donnel Ph. (714) 254-5176 1 Ph. (714) 704-2402 FAUsr\Jolene\Forms\Reference List.xls Caliagua, Inc. 15148 Sierra Bonita Lane, Chino, CA 91710-8903 909.393.9398, 909.597.5167, fax Contractor List of References & Experience (Page 3) Customer Design Engineer Completed Job Description Cont. Amt City of Chino Hills City of Chino Hills Attn: Director of Utilities May-95 Butterfield Sewage Lift Station $ 28,350 Attn: Ms. Zora Lee Terry Kimbro Ph. (909) 597-1784 Ph. (909) 597-1784 General Pump City of Santa Monica Jul-95 Santa Monica Well $ 102,184 Attn: John Hodges Attn: Bob Harvey Ph. (916) 445-8870 Ph. (310) 826-6712 American Water Works Svc. ASL Consulting Engineers Jan-96 Danford Booster Pump #1 $ 122,860 Attn: Linda Dossman Attn: Richard L Bardin Ph. (619) 656-2400 Ph. (949) 727-7099 Rancho Water District Krieger & Stewart Inc. Jun-96 CA Oaks Swg Lift Station #1 & #2 $ 578,670 Attn: Craig Mapes Attn: Jon Clyde Reynolds Mods 5 & 6 Ph. (909) 676-4101 Ph. (909) 684-6900 City of Upland John Egan & Associates Jan-96 15th Street Transfer Station $ 200,345 Attn: Jim Moody Attn: John Egan (Portable Water:CIP Structure & Ph. (909) 931-4245 Ph. (909) 889-0676 Booster Station) Southern Ca. Water Co. So. California Water Co. Jan-96 Install sand trap and piping for Well #4 $ 43,380 Attn: Chet Anderson, P.E. Attn: Chet Anderson, P.E. Ph. (909) 394-3648 Ph. (909) 394-3648 La Habra Heights ASL Consulting Engineers May-96 Plant #1 Surge Tank and Wet Well $ 142,750 Attn: Jim Frei Attn: Steve Ochsner Rehab. Ph. (949) 727-7099 Kaiser Health Foundation Mollenhauer, Higashi Jan-96 Corona Reginal Data Ctr. $ 43,227 Attn: Mark Hutchins Site Drainage Improvement Ph. (909) 353-3977 Big Bear Municipal Water District Montgomery Watson Dec-95 Dam Gate Rehab. $ 36,843 Attn: Jim Weber Attn: Cheuk H. Lee Ph. (909) 866-5796 Ph. (626) 796-9141 Moulton Niguel Water District ASL Consulting Engineers May-97 Crown Point Pump Station $ 280,279 Attn: Carlo Habash Attn: Steve Tedesco Conversion to Reclaimed Water Ph. (949) 643-2584 Ph. (949) 727-7099 Pump Station El Toro Water District Dames & Moore Jan-97 Reservoir $ 315,000 Attn: Dennis P. Cafferty Flexible Couplings & Corrosion Repairs Ph. (949) 837-7050 Ph. (714) 433-7600 F:\UsrUolene\Forms\Reference ListAs Caliagua, Inc. 15148 Sierra Bonita Lane, Chino, CA 91710-8903 909.393.939, 909.597.5167, fax Contractor List of References & Experience (Page 4) Customer Design Engineer Completed Job Description Cont. Amt Turner Construction Flour Daniel Engineering Mar-97 Procetor & Gamble, Sundor Brands $ 274,998 Attn: Bill McLaughlin Anaheim Plant Expansion Ph. (949) 798-8100 Ph. (949) 349-2135 Swinerton & Walberg Jenkins/Gales & Martinez May-96 Remote Aircraft Gates LAX $ 168,216 Attn: Dan Larson Boarding Facilities: 12" Waterman Ph. (916) 445-8870 & 8" Sewer Black & Veatch Black & Veatch Jun-96 Edwards Airforce Base $ 19,349 Attn: Sam Abi Samra Attn: Connie Leonard 20" Pipeline Testing & Maintenance Ph. (213) 312-3300 Ph. (213) 312-3300 Irvine Ranch Water District Irvine Ranch Water District Oct-96 Michelson Water Reclamation Plant $ 353,400 Attn: Malcolm Cortez Attn: Malcolm Cortez Concrete Modification & Repairs Ph. (949) 453-4500 Ph. (949) 453-4500 to spent Backwash Tank Bonadiman McCain Bonadiman McCain Aug-96 Emergency Repair @ Glen Helen $ 2,866 Attn. Carlo Bonadiman Attn. Carlo Bonadiman Regional Park Ph. (909) 885-3435 Ph. (909) 885-3435 2555 Devore Rd., San Bernardino Turner Construction Co. Microcenter Computer Store Oct-96 Repairs to 6" Fire Serv. & Site Work $ 8,266 Attn: Bob Brann Mike Withers Ph. (949) 798-8100 Ph. (714) 566-8527 Turner Construction Co. Widom Wein Cohen Jan-97 Seismic Ugrades $ 180,086 Attn: Ed. Cunningham Kaiser Regional Data Center Ph. (949) 798-8100 Structural Concrete Turner Construction Co. The Irvine Co. Dec-97 Curtain Wall Replacement $ 54,057 Attn: Bob Brann 620 Newport Drive Ph. (949) 798-8100 Misc. Labor Rough Carp. & Ste. Wk. BCI, Inc. Sidawi & Associaates, Inc. Jun-97 Freeman Reservoir Pump Station $ 303,972 Attn: George King Attn; Zac Sidawi 27330 Calle Escadera, Temecula Ph. (562) 630-1707 Ph. (714) 966-1416 Turner Construction Co. HOK Sports Facilities Mar-97 Anaheim Stadium Renovation $ 100,000 Attn: Bob Berenguner Attn: Bob Berenguner Seating & Misc. Labor Ph. (949) 798-8100 Ph: (714) 978-7576 Santa Margarita Water District Boyle Engineering Co. May-98 South Ranch Lift Station $ 315,000 Attn: Bart Lantz Attn: Kent Gingrich Project No. 50 Contract C-1656 Ph. (949) 459-6583 Ph. (949) 476-3310 FAUsr\Jolene\Forms\Reference ListAs caliagua, Inc. 15148 Sierra Bonita Lane, Chino, CA 91710-8903 909.393.9398, 909.597.5167, fax Contractor List of References & Experience (Page 5) Customer Design Engineer Completed Job Description Cont. Amt Turner Construction Co. Enriich - Rominger Sep-97 Bio-Rad Laboratories $ 191,500 Attn: Brian Brown Attn: Gary Hipolite Site Concrete Ph. (949) 798-8100 Ph. (714) 476-4000 Turner Construction Co HOK Sports Mar-98 Anaheim Stadium Renovation $ 168,000 Attn: Paul Morrissey Pat Tangen Site Utilities Ph. (916) 445-8870 Ph. (714) 978-7576 Turner Construction Co. WDI/Turner Mar-98 Anaheim Stadium Renovation $ 98,311 Attn: Pat Garret Attn: Steve Scarsborough Temp Ticket Bldg. Ph. (949) 798-8100 Ph. (714) 978-7576 Turner Construction Co HOK Sports Mar-98 Anaheim Stadium Renovation $ 217,928 Attn: Jamie Kramer Pat Tangen Ornamental Steel Fence/Gates Ph. (949) 798-8100 Ph. (714) 978-7576 Valley Crest Landscaping, Inc. HOK Sports/Turner Mar-98 Anaheim Stadium Renovation $ 887,192 Attn: John Viera Attn: Bob Berenguner Architectural Concrete Ph. (714) 546-7975 Ph. (949) 798-8100 Turner Construction Co. HOK Sports Mar-98 Anaheim Stadium Renovation $ 103,661 Attn: Don Helier Attn: Daryl Redden Pigmented Concrete Diamond/ Ph. (949) 798-8100 Ph. (714) 978-7576 Stadium Club So. California Water Co So California Water Co. Jun-98 Chapman Plant Modifications $ 222,800 Attn: John Tracy Lyon Attn: Joe Minneci Ph, (714) 535-8010 Ph. (909) 394-3648 Los Alisos Water District Boyle Engineering Jun-98 Wellhead Facilities & Site $ 230,581 ttn: Paul Cook Attn: Kent Gingrich Improvements Well #5 Ph. (949) 239-2920 Ph. (949) 476-3300 EL Yeager Const Co. Boyle Engineerinf Jul-98 West Street Disneyland Drive 146,320 Attn: Jacques Yeager Attn: Russ Hulse Segments 1 & 2 Ph. (909) 684-5360 Ph. (949) 476-3300 Storm Water Pump Station City of Whittier City of Whittier Dec-98 Installation of Booster 4 & 5 $ 308,725 Attn: David Schickling Attn: David Schickling Construction of New Booster Pump Ph. (562) 695-5214 Ph. (562) 695-5214 Facilities Irvine Ranch Water District Irvine Ranch Water District Nov-98 Bayview Lift Station Emergency $ 315,000 Attn: Ants Uiga, P.E. Attn: Ants Uiga, P.E Generator; New Standby Emergency Ph. (949) 453-5586 Ph. (949) 453-5586 Generator Facility FAUsrWoleneTorms%Reference Ust.xls Caliagua, Inc. 15148 Sierra Bonita Lane, Chino, CA 91710-8903 909.393.9398, 909.597.5167, fax Contractor List of References & Experience (Page 6) Customer Design Engineer Completed Job Description Cont. Amt. Elsinore Valley Municipal Water Dst. Daniel Boyle Engineering Dec-98 Canyon Lake Treatment Plant $ 387,115 Attn: Loren Sorber Attn: Doug Biglen Intake Facility; Earthwork, Pipe Utility Ph. (909) 674-3146 Ph. (949) 768-2600 Concrete, and Mechanical R B & G Construction Daniel Boyle Engineering Jan-99 Well #19 Underground Concrete $ 219,188 Attn: Roger May Attn: Brian Powell Structure for Future Well Pump Ph. (916) 445-8870 Ph. (949) 768-2600 Facilities E.L. Yeager Construction Corp. Mojave Water Agency Mar-99 Mojave River Pipeline Lenwood Proj $ 100,470 Attn: Gary Baxter Attn: Gary Martin Ph. (800) 222-5360 Ph. (760) 240-2080 Kaiser Facilities Widom, Wein, Cohen, Olea Mar-99 CDC -Modular Building $ 200,690 Attn: Raymon F Felton Ph. (909) 278-0990 City of Los Angeles City of Los Angeles Jun-99 Emergency On -Call Sewer Repair $ 191,686 Attn: Ben Abdian Attn: Ben Abdian Temple Street Area Emergency Repr Ph. (213) 847-5124 Ph. (213) 847-5124 City of Los Angeles City of Los Angeles Jun-99 Emergency On -Call Sewer Repair $ 24,561 Attn: Lee Pitman Attn: Lee Pitman Bellagio Road Emergency Repair Ph. (310) 575-8637 Ph. (310) 575-8637 City of Westminister Daniel Boyle Engineering Jul-99 Equipping Bolsa Chica Park Well $ 393,836 Attn: Marwan Youssef Attn: Douglas K.Biglan Ph. (714) 898-3311 Ph. (949) 768-2600 EVMWD DGA Consultants Repair & Rehabilitations $ 139,178 Attn: Phillip Miller Attn: Feb-00 SL Stations B1 & B2 Ph. (909) 674-3146 Ph. (714)568-0200 Moulton Niguel Water District ASL Consulting Dec-00 Regional Sewage Lift Station $ 158,172 Attn: Ray McDowell Attn: Tom Epperson Ph. (949) 425-3532 Ph. (949) 727-7099 A.D. Reed & Company Bechard Associates Sep-00 Cal -Poly Pomona $ 147,387 Attn: Tom Schordori Attn: Bruce Bechard Chilled Water Central Plant Ph. (858) 565-4131 Ph. (858) 578-8861 City of Los Angeles City of Los Angeles Mar-00 Emergency Sewer Repair $ 29,915 Attn: Jim Corralejo Attn: Jim Corralejo Pasadena Street Ph. (213) 847-5080 Ph. (213) 847-5080 Security Paving HNTB Corporation Jul-01 Johnson Drive $ 210,859 ttn: Marty Pettee Attn: Michael Jones Railroad Grade Separation rph.(805)986-1953 FAUsNoleneTormslReference Listxts Caliagua, Inc. 15148 Sierra Bonita Lane, Chino, CA 91710-8903 909.393.9398, 909.597.5167, fax Contractor List of References & Experience (Page 7) Customer Design Engineer Completed Job Description Cont. Amt. Port of Long Beach Moffatt & Nichol Aug-00 Carrack Avenue $ 292,534 Attn: Jim Crump Attn: Lloyd Jenkins Storm Water Pump Station Ph. (562) 437-0041 Ph. (562) 426-9551 Buie Communities PBS&J Apr-00 Zone 6 Booster Pump Station $ 578,196 Attn: Robert Montgomery Attn: Tent' Watson Ph. (916) 445-8870 Ph. (909) 341-6380 Moulton Nigel Water District ASL Consulting Dec-00 No. Aliso Creek Lift Station $ 311,992 Attn: Ray McDowell Attn: Tom Epperson Ph. (949) 425-3532 Ph. (949) 727-7099 City of Chino City of Chino, DPW Apr-00 Citywide Drainage Improvements $ 120,855 Attn: James Hill Attn: James Hill Ph. (909) 627-7577 Ph. (909)627-7577 El Toro Water District Daniel Boyle Engineering Dec-00 12" Freeway Forcemain Rehab. $ 745,172 Attn: Dennis Cafferty Attn: Vernon Weisman Ph. (949) 837-7050. Rcy 223 Ph. (949) 476-3300 City of Los Angeles City of Los Angeles Apr-00 Emergency Storm Drain Repair $ 82,052 Attn: Lynn Hanami-Cummings Attn: Lynn Hanami-Cummings Normandie & Torrance Ph. (310) 732-4693 Ph. (310) 732-4693 County of LA Dept of Parks & Rec KDG in Assoc. w/ Wm. Yang Sep-01 Pathfinder Community Regional Park $ 181,000 Attn: Patrick Reynolds Attn: Irrigation Booster Pump Station Ph. (213) 738-2865 Ph. (213) 381-3311 County of Orange County of Orange Jul-00 Repair of Sewage Pump System $ 23,945 Attn: Robert J. Witting Attn: Robert J. Witting Laguna Niguel Regional Park Ph. (714) 567-6300 Ph. (714) 567-6300 City of Los Angeles City of Los Angeles Dec-00 Emergency Storm Drain Repair $ 30,208 Attn: Azadeh Abrishami Attn: Azadeh Abrishami Stone Canyon Ph. (310) 575-8651 Ph. (310) 575-8651 Fieldstone Harlan Hills LLC Hunsaker & Associates Aug-01 Harlan Hills Booster Pump Station $ 481,922 Attn: Bruce Lewis Attn: Jim Smith Ph. (949) 640-9090 Ph. (949) 583-1010 City of Los Angeles Miron Electric Construction Corp Environ. Engineering Feb-02 Venice Pumping Plant Automation $ 569,000 Attn: Ron Kaufman Attn: Vali Noor Ph. (818) 772-9494 Ph. (310) 648-6129 FAUsr\Jolene\Forms\Reference ListAs Caliagua, Inc. 15148 Sierra Bonita Lane, Chino, CA 91710-8903 909.393.9398, 909.597.5167, fax Contractor List of References & Experience (Page 8) Customer Design Engineer Completed Job Description Cont. Amt. Moulton Niguel Water District ASL Consulting Jun-01 Little Niguel Flow Control Facility $ 138,978 Attn: Ray McDowell Attn: Tom Epperson Ph. (949) 425-3532 Ph. (949)727-7099 A.0. Reed & Company Bechard Associates Nov-00 Cal -Poly Pomona $ 7,677 Attn: Tom Schordorf Attn: Bruce Bechard Bldg. 98 CWS Extension Ph. (916) 445-8870 Ph. (858) 578-8861 Excel Paving Company kpff Consulting Engineers Aug-01 Pier T Marine Terminal Pump Station $ 600,717 Attn: Randy Mason Attn: Todd Graham Ph. (562) 599-5841 Ph. (562) 435-1077, ext 252 City of Corona ksi Consulting Engineers Jul-03 Well No. 13 Building $ 75,000 Attn: Eric Schoenen Attn: Ph. (909) 279-3675 Ph. (714) 282-8770 City of Corona ksi Consulting Engineers Nov-02 Well No. 12 Building $ 75,000 Attn: Eric Schoenen Attn: Ph. (909) 279-3675 Ph. (714) 282-8770 CAL -CITY Construction, Inc. LACDPW Sep-01 Puddingstone Diversion Dam $ 57,431 Attn: Young Lee Attn: Ricardo Gordillo Ph. (562) 630-7733 Ph. (626) 458-3142 FCI Constructors, Inc. Caltrans May-02 Detention Basin @ Wiley Court $ 82,774 Attn: Dale Nelson Attn: Ph. (909) 482-0731 Ph. NAVFAC: MCAGCC Est Compl Non -Pot Supply Well $ 485,668 Attn: Rex L. Hughes ttn: Rex L. Hughes 1 Sep-02 Ph. (760) 830-7434 h.(760)830-7434 John Laing Homes, Inc. Hunsaker & Associates Est Compl Forster Ranch Lift Station $ 807,157 Attn: Ken Hauck Attn: James Maeding Jun-02 Ph. (949) 369-9983 Ph. (949) 458-5448 City of El Segundo AKM Consulting Engineer Jun-02 Rehabilitation of Sanitary Sewer $ 293,857 Attn: Maryam Jonas Attn: John Logue Pump Station No. 6 Ph. (310) 524-2361 Ph. (949) 753-7333 City of Culver City DMR Team Jun-02 PS Installation & Facilities Upgrade $ 315,000 Attn: David Shissler Attn: Shin Furukawa Project P-521 Ph. (310) 253-5600 Ph. (310) 338-3440 FAUsr\Jolene\Forms\Reference UstAs Caliagua, Inc. 15148 Sierra Bonita Lane, Chino, CA 91710-8903 909.393.9398, 909.597.5167, fax Contractor List of References & Experience (Page 9) Customer Design Engineer Completed I Job Description Cont. Amt. City of Newport Beach The Keith Companies Mar-03 Buck Gully, Linda Isle, & Carnation $ 806,372 Attn: Michael Sinacori Attn: Robert F. Seeman Pump Station Rehabilitation Ph. (949) 644-3342 Ph. (714) 540-0800 State of CA State of CA Dept of Parks & Recreation Dept of Parks & Recreation Mar-03 Water Treatment Facility $ 203,633 Attn: Janis Stanton Attn: Robert E. Robinson Lake Perris St Recreation Area Ph. (916) 445-8870 Ph. (619) 220-5300 Irvine Ranch Water District Tetra Tech Tustin Zone 5 Booster Station $ 1,529,085 Attn: Billy Stewart PM Attn: Tom Epperson In Progress Ph. (949) 453-5548 Ph. (949) 727-7099 Capital Pacific Homes Hunsaker & Associates In Progress Kraft Ranch Pump Station $ 803,353 Attn: Mark Mullin Attn: Jim Smith or John Gass Tract 28999 Ph. (949) 644-3342 Ph. (949) 768-2579 City of Corona HDR Engineering Nov-03 Joy St Lift Station $ 673,864 Attn: Eric Schoenen Attn: Ph. (909) 279-3675 Ph. Santa Margarita Water District Water Three Engineering In -Progress Oso Creek WRP $ 552,682 Attn: Bart Lantz Attn:Tricia Butler Ph. (949) Ph. (949) 888-8597 Ryan Companies N/A Sep-03 Target Distribution Centers $ 377,617 Attn: Anthony Johnson Attn: Ph. (602) Ph. FAUsr\Jo1ene\Forms\Reference Ustxls CITY OF Ht%TINGTON BEACH REQUEST FOR LEGAL SERVICES Jennifer McGrath, City Attorney RLS No. Assn To Date Date: Request made by: Telephone: Department: June 1, 2004 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/Resolution ❑ Opinion ® Contract/Agreement (Allow 5-20 working days)* (Allow 20 working days)* (Allow 15-20 working days)* ❑ General Legal ❑ Document Review Assistance (Ongoing) (Allow 2-10 working days)* * All deadlines are based on the date the City Attorne 's Office receives the RLS. This request w7 ed and appro� d. gnature of Department Head W COMMENTS Please identify all attachments to this RLS. Please review and approve "As To Form" the attached Bonds and attached documents from Caliagua, Inc. for the construction of Water Well 12, Cash Contract Number 1063. Attached are the following: 1. Public Works Contract, original copy 2. Corporate Resolution, one copy 3. Performance Bond, # 1886199, one set 4. Payment Bond, # 1886199, one set 5. Certificate of Liability Insurance, one set 6. Insurance Company Profile, one set Shaded areas for City Attorneys Office use only. This request for Legal Services has been assigned to Attorney extension His/her secretary is , extension Notes: Date Completed: New RLS form for CC1063.doc 6/1/2004 9:07 AM CALIAGUA, INC. 15148 SIERRA BONITA LN. CHINO, CA 91710-8903 909-393-9398, FAx 909-597-5167 To: Huntington Beach, City of Date: 5/28/04 2000 Main Street Huntington Beach, CA 92648 Doc No.: Doc-4 Ph: 714-536-5431 Fax: Attn: Eric R. Charlonne Subject: Contract Documents Dear Eric R. Charlonne: Project: Water Well No. 12 Job #376 5350 Rancho Road Huntington Beach, CA 92647 Please find the following documents enclosed for the subject project: • One (1) Original Executed Contract • One (1) Original Performance Bond • One (1) Original Payment (Labor/Material) Bond • One Corporate Resolution authorizing one signature on contract. • One (1) Copy of Certificates of Insurance & WC Certificate (Originals were mailed directly to your attention) Should you have any questions or need any additional information, please don't hesitate to contact me directly at extension 104. Sincerely, CALIAGUA, INC. C)2'ace Ox Jolene Sword Office Manager /js enclosure ,n�. r/�a ua ACC �. g Engineering Contractors CALIFORNIA CORPORATE RESOLUTION OF THE BOARD OF DIRECTORS At a meeting of the Board of Directors of CALIAGUA, INC. duly called and held on the 20th of January 2004, a quorum being present, it is therefore; RESOLVED that Gus Bruner, President of CALIAGUA, INC., be and hereby is authorized to execute on behalf of CALIAGUA, INC. any agreement or agreements. In connection with the matter(s) and transaction(s) described in the agreement the proper attesting officer of the Company be and hereby is authorized to affix the Corporate seal to such agreement or agreements attesting the same. I, Jolene Sword, Secretary of CALIAGUA, INC. have compared the foregoing Resolution with the original thereof, as they appear on the records of the meetings of the Board of Directors of CALIAGUA, INC., and do certify that the same is a correct and true transcript there from, and of the whole of said original Resolution. Given under my hand and seal of the company this 28th day of May, 2004. Secretary L�� �C Jolene Sword F:\USRUOBS\376\Corporate Resolution.doc 15148 Sierra Bonita Lane • Chino, CA 91710 • License 359728 • (909) 393-9398 • Fax (909) 597-5167 www.callagua.net 'SECWA07 WWI WAMWT CASN COMak100 SI N MY OF NOMTOCH PUBLIC NOTICE IS HEREBY SMN that the `I CITY of NUNirwdiroN 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 March 29, Z004 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 $60.00 nonrefundable fee if picked up,. or payment of a $85.00 nonrefund- able fee if, mailed via (second day) express mail. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pur- suant 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, Hun- tington Bead, CA 92648, The AGENCY will de- duct a 10% -retention from all progress pay- ments, The Contractor may substitute en es- crow holder surety of equal value to the retention in accordance with the provisions of the California Govern- ment Code, Section ,4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon, . The AGENCY , hereby affirmativelyensures that minority business enterprises will be afforded,full opportunity to submit 'bids in re- sponse .to this notice and' will notbe dis- criminated 'against on, the basis of trace, 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 inoftcm proved roapoeel forms with he Instructiith fb Bidder's. 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 bidder 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 Con- tractor and his sub- contractors will be required to possess business licenses from the AGENCY. Project Description:A new water production well incorporating a 400 horsepower electric motor driven vertical turbine pump. The , subsurface well was previously completed and test pumped. This work generally includes all surface feature improvements,, furnish- ing ail. ,materials and oquipment, construction, installation, and testing of the completed work I o begin production. The i project' schedule is 270 Working days. The En- gineer'sreliminary estimate is,;1,500,000. The AGENCY reserves. the right to reject any or, all bids, to waive any irregularity and to take all bids under advise- ment for a maximum period of 60 days. BY ORDER of. the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 18th day of August 2003. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Independent March 11, 18, 25, 2004 032.280 N _ H UNTINGTON B EAC I N -D E PE DE- I r �w Client Reference # (:i ' / Q Huntington Beach Independent Reference #, Dear advertiser: 03t - Z$C7 Enclosed is a clipping of your ad from the first publication, beginning on ✓Z -- //-OV and expiring on J -� -o `/ If you need to make any changes or corrections, please call me at your earliest convenience. The cost of this ad is $ 33 6-7 , ° 0 Thanks for your cooperation and patronage. Sincerely, Michael Sletten Legal Advertising 18682 Beach Blvd., Ste.160, Huntington Beach, California 92646 (714) 965-3030 Fax (714) 965-7174 A Publication of Times Community News • A Division of the iios Angeles (limes Council/Agency Meeting f/22 AQ �el Deferred/Continued to: pproved ❑ Conditionally Approved ❑ Denied u/ you City 5kirs Sigp6ture Council Meeting Date: May 17, 2004 Department I umber: 04-033 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE AND CITY COUNCIL MEMBERS SUBMITTED BY: WILLIAM P. WORKMAN, Acting City Administrator PREPARED BY: OBERT F. BEARDSLEY, Director of Public Work SUBJECT: Award Construction Contract For Water Well No. 12 Improvements; Cc-1063 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Formal bids were received on March 29, 2004, for the Water Well No. 12 Improvements Project, CC-1063. Staff is recommending award to the lowest responsive/responsible bidder. Funding Source: Funds are available in the Water Master Plan Fund, Account 50791011.82100. Recommended Action: Motion to: 1. Reject the lowest bid submitted by Southwest Engineering, Inc. in the amount of $1,455,000 as nonresponsive; and 2. Accept the bid submitted by Caliagua, Inc. in the amount of $1,506,846 as the lowest responsive/responsible bid for the construction of Water Well No. 12 Improvements Project, CC-1063; and 3. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract. Alternative Action(s): Forego approval and direct staff on how to proceed with the project. REQUEST FOR ACTION MEETING DATE: May 17, 2004 DEPARTMENT ID NUMBER: 04-033 Analysis: Water Well No. 12 is a major component of the 2000 Water Master Plan and will complete the expansion of groundwater pumping capacity recommended in that plan. The project site was acquired through a property exchange with McDonnell Douglas Corporation (Boeing). The well hole was constructed and test pumped in 1995. This project will construct the surface improvements, including a highly efficient electric motor with variable frequency drive. Subsequently, the City's participation in the "Savings by Design" program with Southern California Edison will result in an estimated power savings of 330,820 kwh per year for an annual savings of approximately $33, 000. On August 18, 2003, the City Council authorized the Director of Public Works to request public bids for the construction of Water Well No. 12 Improvements; CC-1063. On March 29, 2004, three bids were received and publicly opened by the City Clerk and are listed as follows, in order of least dollar amount: Biddinci Contractor Bid Amount Corrected Amount Southwest Engineering, Inc. $1,455,000 Caliagua, Inc. $1,506,852 $ 1,506,846 Pascal & Ludwig Constructors $1,598,100 $ 1,597,600 The Engineer's estimate was $1, 500,000. Bid amounts were verified. Minor addition errors did not alter the bid ranking. On April 2, 2004, attorneys for Caliagua, Inc. filed a formal bid protest, which identified certain apparent deficiencies in the bid submitted by Southwest Engineering, Inc., and requested that their lowest bid be rejected. On April 22, 2004, the attorneys for Southwest Engineering, Inc. formally responded to this protest, claiming that the protest is without merit, and requesting that the contract be awarded to Southwest Engineering, Inc. as the lowest responsible bidder. The City Attorney's office has evaluated this submitted by Southwest Engineering, Inc. wa that the contract be awarded to Caliagua, reference check for Caliagua, Inc. conducted past clients. Public Works Commission Review: correspondence, and determined that the bid s non -responsive. They have recommended Inc. as the lowest responsive bidder. The by staff provided acceptable responses from The Commission reviewed and supported staffs request to advertise for competitive bids on July 16, 2003, by a vote of 6-0-1 (Commissioner Gartland was absent). G:\R C A\2004\04-033 May 17 De Bow (Award Well 12).doc -2- 4/28/200411:24 AM REQUEST FOR ACTION MEETING DATE: May 17, 2004 DEPARTMENT ID NUMBER: 04-033 Environmental Status: The Zoning Administrator determined the project is covered by the Environmental Impact Report No. 96-1/Addendum Environmental Impact Report No. 96-1, and will not have a significant impact on the environment. Attachment(s): RCA Author: D. De Bow :jg G:\R C A\2004\04-033 May 17 De Bow (Award Well 12).doc -3- 4/281200411:24 AM ATTACHMENT #1 1 PROJECT: WELL NO. 12 IMPROVEMENTS BOLSA AVE. CO Me FADEEN AVE. NTS EDINGER AVE. 3 HEIL AVE. x g N 8 WARNER AVE. SLATER AVE. 405 TALBERT AVE. A > m �P EWS AVE. GARF ELD AVE. AVE. YOR OWN AVE. cCL_Y AVE. k� Z IND POUS AVE. H� z ATLANT k o AVE. z m HAMILTON AVE. YNy BANNING A Awl/ CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS LOCATION MAP ATTACHMENT #2 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a California hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as 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/4-03 I 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/4-03 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/4-03 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 Dollars ($ in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT as set forth CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within () consecutive 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 agree/forms/city const/4-03 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. agree/forms/city const/4-03 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/4-03 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 Dollars ($ ) 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 consd4-03 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 clue 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 pro-sented 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/4-03 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. agree/forms/city const/4-03 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/4-03 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 CONTPUCTOR'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/4-03 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. 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. 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 agree/forms/city const/4-03 12 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 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 agree/forms/city const/4-03 13 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 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, agree/forms/city const/4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. 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/4-03 15 24. 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 t/2 %) 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. 25. 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. 26. 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. 27. 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. agree/forms/city const/4-03 16 28. 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. 29. 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: 2000 Main Street Huntington Beach, CA 92648 agree/forms/city const/4-03 17 TO CONTRACTOR: 30. 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. 31. 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. 32. 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. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city const/4-03 18 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. 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. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. 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, agrec/forms/city const/4-03 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. 37. 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. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 of this Agreement, and supersede 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 Ry: print name ITS: (circle one) Chairman/President[Vice President AND LIM print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator agree/forms/city const/4-03 21 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: Director of Public Works RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Construction Contract for Water Well No. 12 Improvements; CC-1063 COUNCIL MEETING DATE: May 17, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorne) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORW ED Administrative Staff ( ) Assistant City Administrator (Initial) ( ) ) City Administrator (Initial) [City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author: D. De Bow REQUEST FOR ACTION MEETING DATE: May 17, 2004 DEPARTMENT ID NUMBER: 04-033 Analysis: Water Well No. 12 is a major component of the 2000 Water Master Plan and will complete the expansion of groundwater pumping capacity recommended in that plan. The project site was acquired through a property exchange with McDonnell Douglas Corporation (Boeing). The well hole was constructed and test pumped in 1995. This project will construct the surface improvements, including a highly efficient electric motor with variable frequency drive. Subsequently, the City's participation in the "Savings by Design" program with Southern California Edison will result in an estimated power savings of 330,820 kwh per year for an annual savings of approximately $33, 000. On August 18, 2003, the City Council authorized the Director of Public Works to request public bids for the construction of Water Well No. 12 Improvements; CC-1063. On March 29, 2004, three bids were received and publicly opened by the City Clerk and are listed as follows, in order of least dollar amount: Bidding Contractor Bid Amount Corrected Amount Southwest Engineering, Inc. $1,455,000 Caliagua; Inc. $1,506,852 $ 1,506,846 Pascal & Ludwig Constructors $1,598,100 $ 1,597,600 The Engineer's estimate was $1, 500,000., Bid amounts were verified. Minor addition errors did not alter the bid ranking. On April 2, 2004, attorneys for Caliagua, Inc. filed a formal bid protest, which identified certain apparent deficiencies in the bid submitted by Southwest Engineering, Inc., and requested that their lowest bid be rejected. On April 22, 2004, the attorneys for Southwest Engineering, Inc. formally responded to this protest, claiming that the protest is without merit, and requesting that the contract be awarded to Southwest Engineering, Inc. as the lowest responsible bidder. The City Attorney's office has evaluated this correspondence, and determined that the bid submitted by Southwest Engineering, Inc. was non -responsive. They have recommended that the contract be awarded to Caliagua, Inc. as the lowest responsive bidder. The reference check for Caliagua, Inc. conducted by staff provided acceptable responses from past clients. Public Works Commission Review: The Commission reviewed and supported staffs request to advertise for competitive bids on July 16, 2003, by a vote of 6-0-1 (Commissioner Gartland was absent). G:\R C A\2004\04-033 May 17 De Bow (Award Well 12).doc -2- 4/28/2004 11:24 AM r-a z - CC-1663 (c�;e oa—- sID na'rE: av 1V,9ve-, aoo � T1ME eA Engineer's Estimate: $ / , - o oo o BID LIST BIDDER'S NA AM, JUNK �. TOTA2J BID "6UNT �ivl 6oMz % 5. �$ is CITY $ 100U MAR 2°► .P Z I$ I I `0 0 :Z d b Z HVW W? $ $ jo L 011) CITY OF HUNTINGTON BEACH (;1 r Y C i- E R i MEETING DATE:' August 18, 2003 DEPARTMENT ID NUMBER: PW 03-052 Fi U N T 1r, r,.1.0`i')EA0H, CA 2003 ALIG - b A i 5 Council/Agency Meeting Held: Deferred/Continued to: NDV.N Approved ❑ Conditionally Approved ❑ Denied City Clerk's gnature I A Council Meeting Date: August 18, 2003 Department ID Number: PW 03-052 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER,,City Administrator Gar& PREPARED BY:. - ROBERT F. BEARDSLEY, Director of Public Work SUBJECT: AUTHORIZE ADVERTISEMENT FOR WELL NO. 12 IMPROVEMENTS; CC-1063 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Plans and specifications are in final preparation for the Well No. ' 12 Improvements Project; CC-1063. Authorization to advertise the project is requested. Funding Source: Funds for construction are budgeted for FY 2003-04 from the Water Master Plan Account 50791011.82100. The engineer's preliminary estimate is $1,500,000. Recommended Action: Motion to: Approve the project plans and specifications and authorize the Director of Public Works to request public bids for the construction of the Well No. 12 Improvements; CC-1063., Alternative Action(s): Deny the request to advertise the project for bid at this time, and provide staff with alternate direction. Analysis: Well No. 12 is a major component of the 2000 Water Master Plan, and will complete the expansion of groundwater pumping capacity recommended in that plan. This, project significantly changed from its inception as a result of a property exchange with the McDonnell Douglas Corporation (Boeing). The well hole was constructed in 1995 and test pumped, but the surface improvements were never constructed. The new well facilities will be configured to provide better access from Rancho Road and improve well operations. G:\R C A\2003\03-052 August 18 Rulla (Advertise Well #12 cc-0163).doc 7/29/2003 4:51 PM a REQUEST FOR ACTION MEETING DATE: August 18, 2003 DEPARTMENT ID NUMBER: PW 03-052 The well project will utilize a high efficiency 400 horsepower electric motor with variable frequency drive. This allows the City's participation in Southern California Edison Company's Savings by Design program and will result in an estimated power savings of 330,820 kilowatt hours per year or an annual savings of $33,082. Public Works Commission: The Public Works Commission reviewed and approved this project on July 16, 2003, by a vote of 6-0-1 (Commissioner Gartland was absent). Environmental Status: The Zoning Administrator determined the project is covered by the Environmental Impact Report No. 96-1/Addendum Environmental Impact Report No. 96-1, and will not have a significant impact on the environment. Attachment(s): RCA Author: T. Rulla:jm G:\R C A\2003\03-052 August 18 Rulla (Advertise Well #12 cc-0163).doc 7/29/2003 4:51 PM ATTACHMENT #1 mw PROJECT: WELL NO. 12 IMPROVEMENTS 400 s9�0 aom aom AVE o0 ws Ale Fmm AVE EOINGER AVE. 3 J 8 U m HOL ¢ AVE WARNES AVE SLATER ME F405 TALB7tT AVE 4 EWS AVF- Qwno AVE AVE rri YOM TOM AVE 1 M� S AVE ATLAM ko < o AVE m HAMLTON AVE Siy RING A \" AA*v CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS LOCATION MAP RCA ROUTING SHEET 03-asa- INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: AUTHORIZE ADVERTISEMENT FOR WELL NO 12 IMPROVEMENTS; CC-1063 COUNCIL MEETING DATE: Au ust 18, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbudget, over $5,000) Not Applicable Bonds if applicable) Not Applicable Staff Report If applicable Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial -City Administrator Initial o�cJ City Clerk EXPLANATION FOR RETURN OF ITEM: