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Caliagua, Inc. - 2009-09-08
RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION 07 TO: Shari Freidenrich, City Treasurer FROM: DATE: Cn SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved (Cou&il Approval Date) (Company Agenda Item No City Clerk Vault No /j (2 f "A #27 g:/followup/bondletter.doc FROM: Duane Wentworth, Contract Administrator DATE: June 2, 2010 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 249806 Local Address: N/A Notice of Completion Date:4/1/10 Contract Purpose: Retention Release for Cash Contract 1268, Central Park Pump Station The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this time. Date Travis K. I certify that there are no outstanding invoices on Date n r Surety Company Shari F,feidenrich, 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. bat Joan Flynn, City, 1268 Retention 3 Signature Memo 6/2/2010 1:42:00 PM veer PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY:-- - Recorded in Official Records, Orange County Torn Daly, Clerk -Recorder Ililillilililll111111111illllillllllilllllllllllllllllllllllillli NO FEE AND WHEN RECORDED MAIL TO: 2010000153304 8:11 am 04iO1/10 153 420 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT: NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Caliagua, Inc. who was the company thereon for doing the following work to - wit: CENTRAL PARK PUMP STATION PROJECT; CASH CONTRACT NUMBER 1268 That said work was completed March 16, 2010 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 Marchl6, 2010, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract First National Insurance Company of America 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 23, 2010. Director of Public Works or City Engineer City of Hunpngton Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach } I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California; this March 23, 2010. Citecfor of Public Works or City Engineer ity of Huntin7ton Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording tee applies) 001.059-TITLE PAGE (R7/95) Certification of Compliance with Title VII of the Cavil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Caliagua, I is . _ Gus Bru i r Project: Ce itral Park Pump Statio i The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). T declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 1 9 t h day of March , 2010 , at Chi m , , California. Caliaqua,INg. (?ype Contractor Name) /11 By: Name: [Type Name] Title: [Type Title] R, Gus Bru ier- Preside it �tJ 3 •-a6 • fop 245911A Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main StreetlP.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Gus Bru ier Project: Ce itral Park Pump Statio 7 CC 1268 The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 19th day of March , 20 10, at Chi io , California. Caliagua,Iic. (Type Contractor Name) By: � Name: [Type ame] Gus Bru ier-Preside it Title: [Type Title) CITY ATI ORNEY 7CIT o3• ab • alp 247542.1 CONTRACTOR'S CERTIFICATE L Gus Bru ier , state and certify that: {Name of Declarant) 1. CAliagua, I ic. is the general contractor to the City of Huntington Beach ("City") on Contract No. CC 12 6 8 (the "Contract") for the construction of the public work of improvement entitled: Ce ltral Park Pump statio i Project (the "Project") 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims hsted.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct. Executed at Chi io , CA onthis 19th dayof march , 20_U. A a k6===� --- ignature of Declarant) APPROVED AS TO FORM By; r SgII-) -ita 3. Zo-OQ Name: (Type Name] Title: (Type Title] 245914.1 RECEIVED BY: (Name) (Date) TO: Shari Freidenrich, City Treasurer & /9 f A FROM: DATE: 1 0/ Q SUBJECT: Bond acceptance ! have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CITY CLERK RECEIPT COPY Return DUPUCACTE to City Clerk's Office after signing/dating �it (Company Z2 fee CC No. /42�Z d MSC No. Approved q1,P10 9 Agenda Item No. _ (COU cft XplfrovaI D te) City Clerk Vault No. M. #27 g1followup/bondlefter.doc FIRST NATIONAL INSURANCECO. OF AMERICA 4333 Brooklyn Avenue N.E. Seattle, W A 9810S Bond Number 6653888 MAINTENANCE BOND PREMIUM INCLUDED IN PERFORMANCE BOND KNOW ALL BY THESE PRESENTS, That we, CALIAGUA, INC. as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA, of Seattle, Washington, 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, in the penal sum of TWO HUNDRED SEVENTY—FIVE THOUSAND ONE HUNDRED SIXTY—NINE AND NO/100————————————————————— ($275,169.00 — — — — — — — ), to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the CITY OF HUNTINGTON BEACH dated SEPTEMBER 8, 2009 for CENTRAL PARK PUMP STATION CONTRACT NO. 1268 WHEREAS, said Contract has been completed, and was approved on 16th day of MARCH 2O10 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of ONE year(s) following completion of the Contract then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Signed, sealed and dated this 25th day of MARCH 2010 CALIAGUA, INC. (Seal) A P VED S TO FORM (Seal) 'L 7 I McGRATH, C Attorney (seal) 61010 FIRST NATIONAL INSUIZANCE COMPANY OF AMERICA By EL . S Attorney -in -Fact S-3210/EP 7/94 mn. State of California County of RIVERSIDE On 3/ol5bO before me, R. NAFPI "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the person(,a'fwhose name(Kis/are- subscribed to the within instrument and acknowledged to me that he/sheMtey executed the same in his/herr authorized capacitykic4 and that by his/hed%lwir signatureKon the instrument the personX, or the entity upon behalf of which the persont<acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NAPP1 CZ _ COMM, #1796916 Q NOTARY PUBLIC • CALIFORNIA � RIVERSIDE COUNTY Signature of Notary Public (Notary Seal) My Comm. Expires June 7, 2012 ADDITIONAL OPTIONAL. INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER © Individual (s) © Corporate Officer (Title) © Partner(s) © Attorney -in -Fact © Trustee(s) © Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknmrledgment completed in California must contain verbiage exactly as appears above in fire notary section or a separate acknorrledgment,form must be properly completed and attached to dial document. The only exception is J a document is to be recorded outside of California. in such instances, any alternative acknorvkdgment verbiage as may be printed at such a document so long as the verbiage does not require the notary to do something that is illegal for a notate in California (i.e. certifying the authors ed capacity of she signet). Please check the document carefullyfor proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms fix, he/sheldwy- is We ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. impression must not cover text or lines. If seal impression smudges, reseal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. i indicate the capacity claimed by the signet. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-4865 N-,w%%.NotaryClasses.com POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 6966 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint *****************ROSEMARY NAPPI; JEREMY PENDERGAST, MICHAEL D. STONG: Riverside, CA****************** 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 11th day of January Dexter R. Legg, Secretary Timothy A. Mikotajewski, Vice President CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 2010 "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 attorneys -in -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, (i) 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-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, Dexter R. Legg , 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 smy hand and affixed the facsimile seal of said corporation this pt day of mp"L , '9U16 Dx* ekj1 Dexter R. Legg, Secretary S-1049/DF 3/09 WEB PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT a...�c..�a��:�c. � c�� .�. zs�....ra.�, �e�c c!ae�e�, ,�a�� .�..!a...�c �c c. ,.z�.�,... • ae�,�-v�ae�e.�<�. a State of California County of San Bernardino Robyn Stump- Notary On 1 U before me, Y A Y Public Dath Name and Tdle of Officer (e.g., "Jane Doe, Notary Public' personally appeared Gus Bruner Name(s) of Signer(s) RbSYN STOMa9F Comminion * 1724D7R Notary Public - California. San Bernardino County Comm. Feb 5 2011 U 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/sheAhey 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. Place Notary Seal Above MgnahtradNotMNblic OPTIONAL Though the information below is not required bylaw, 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 — Title(s): ❑ Partner —13 Limited ❑ General ❑ Attorney in Fact T f th b h ❑ Trustee ❑ Guardian or Conservator El 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: RtGHTTHUMBPRINT, OFSIGNER" �`' ot thumb here 0 2006 National Notary Association • 9350 De Solo Ave:, P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CONSENT OF SURETY TO FJNA't... PAWA ENT (i(?StruCtions On reverst Si-l'--) C) C%NI ER: CITY OF HUNTINGTON (Name a,7d address) P . 0 . BOX 190 HUNTINGTON BEACH, CW`MBR a C-7 BOND NUMBER 6653888 CONTRACTOR SURP-Tv OTT -FIR BEACH ARC i-�TEC ,"S P9,0jHC'7 NO., --� CA 92648 CONTI 1,CT FOR: CENTRAL PARK PUMP STATION CONTRACT NO. 1268 PROJECT: CENTRAL PARK PUMP STATION CONTRACT DATED: (Name andaeldtvL ) CONTRACT NO. 1268 in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insert name and address ofSuretp) FIRST NATIONAL INSURANCE COMPANY OF AMERICA 333 CITY BLVD WEST STE 300 ORANGE CA 92868 , SURETY, on bond of (Insert name and address o1'Contractor) CALIAGUA, INC. 15148 SIERRA BONITA LN CHINO CA 91710 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Ou,ner) CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92848 , OWNER, as set forth in said Surety's bond. IN WITNESS VFHEREOF, the Surety has hereunto set its hand on this date: MARCH 25, 2010 (Insert in writing the monthjollowed hi' the numeric date and pear) FIRST NATIONAL INSURANCE COMPANY OF AMERICA �Sur�t19 (S:jnt ,ir-eofarrt o ISIG, Attest: (Seal)MICHAEL D. ATTORN qN—FACT (Printed name and title) I I CAUTION: You should sign an original AIA document that has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. Sae Instruction Sheet for Limited License for (Reproduction of this document. AIA i' OCUNIENT G70 ✓ . CONSENT OF SURETY TO FINAL. PAYMENT- 1994 EDITION ® 'AIA ©1994 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASH- - INGTON, D.C. 20006-5292 , WARNiNG: Unlicensed photocopy;ng waiales U.S. copy- "K.rigin, laws and will subject the viciatcr to legal prosecution. 70 r—1994 ( 1I I i ! i I i II] �, ( �� 0 ) 11)1 State of California County of RIVERSIDE On 31L� 5-//0 before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the person,(ewhose name(eis/are• subscribed to the within instrument and acknowledged to me that he/sPheMioy executed the same. in his/IwfMieir- authorized capacitykic4 and that by his/IwxA #-k signatureKon the instrument the person(.'y, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. App"I CID _- C+mm #1796916 CrC NOTARY PUBLIC -CALIFORNIA rn RIVERSIDE COUNTY qq Signature of Notary Pu is (Notary Scat) �- ,My Comm. Expires June 7, 2012 K � ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment .completed in California nnnst contain verbiage exacdv as appears above in the nataty section or a separate acknowledgment Joint emtst be property completed and attached to that document Tlne only exception is if a document is to be recorded outside of California. In such instances., any alternative ackuorwdgutenr verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegalfor a notary in California (Le; certifying the authorised capacity of lire signer). Please check the document carefully for proper notarial wording and attach this form f required • State and County information must be the State and County where the document signer(s),persbnally appeared before the notary public for.acknowledgtnent, • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signcr(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e_ the/sheld*t r is /ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary, seal impression must be clear and photographically reproducible. Impression must not cover text of lines. if seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk, Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or typeof attached document, number of pages and date. Indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl?.10.07 800-873-986-5 www.Notaryclasws.com r POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 6966 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint *****************ROSEMARY NAPPI; JEREMY PENDERGAST; MICHAEL D. STONG: Riverside, CA****************** its true and lawful attorney(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 11th dayof January I 2010 Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice 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 attorneys -in -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, (i) 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, Dexter R. Legg , 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 Cmyy hand and affixed the facsimile seal of said corporation this � J �� day of 5�AL 1928, S-1049/DF 3/09 -.%, 4 'P �Xj`j Dexter R. Legg, Secretary WEB PDF r...� 3.�.rf"�".�,,....-ti,..-,:v^^..r�^-*-�-,,,-n-.a,�.,,., �-. v: ...cn-.��.y�„_.,�"-^=,.,��.,,�%�,.�§.-:.-�d-,-•�-.�.. ,--v-w:,,. <:i-�^:-".�r -,� ..,.,...�4t�.�r•�-�:,- � -,._ �.,�.,..-,--s-�.:,<,.-...�.,,..-.wv- _.-..... .,...mow-^r.,,s,.,-, .. , 1 RECEIVED B CITY CLERK RECEIPT COPY Return DUPLICATE to/ City Clerk's Office (Name) t f after signing/dating- lb I K—/ 0 (Date) CITY OF •N BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: ` 'DATE: r SUBJECT: Bond Acceptance have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. if MSC No. Approved. (Council Approval Date) (Company Name) Agenda Item No. City Clerk Vault No #27 g /followup/bondletter.doc CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR nit . p fvLc> - v wtA t J10 cC -t2.G TABLE OF CONTENTS Pa4e No. I . 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. WARRAN I'IES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13, VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 I5. 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 E?,\-IPLOYEES .AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL. SERVICES SUBCONTRACTING PROHIBITED 18 33. AT'YORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36, DUPLICATE ORIGINAL 19 37. CONSENT 20 3S. SURVIVAL 20 39. MODIFICATION 20 40, SIGNATORIES 20 41. ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND P (;-/--tom- �6 Jwp O A) • CC - 12(- 7' THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and 0 Q-PO4-N--r10'--"' , hereinafter referred to as "CONTRACTOR." a California WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more filly described as CC- �Z--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 the action of the elements, from any unforeseen difficulties which may arise or /agree/snrfhct/cit�const 12-07 1 of 22 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; g/agree/surfilet/cityconst 12-07 2 of 22 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 g/agree/surfnet/cityconst 12-07 3 of 22 "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. 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 -r-W o bw NSA ZCl p, rrb G (P i Y a not to exceed utKV- I�uNDa-Ca aMo 'twt•��" Dollars ($ �1� �2y ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within 6 l V-TY & 6) consecutive WOUaNl- 1) PASfrom 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. g/agree/surfnet/cityconst 12-07 4 of 22 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by 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 ehi,ree/surtixt/cityconst 13-07 5 of 22 changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. S. 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. g/a'.Zrcdsurthct/cityconst 12-07 6 of 22 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 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. LIOUIDATED 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, ,,/eercc'surlhet/wtyamst 1 Z-07 7 of 22 the suns of 1 �£ 4U,--0Q ,!E0 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 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 gPorcc/surI'll clicrtycunst 12-07 8 of 22 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. 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 fi-om 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 srla'rce/surthet/cityconst 12-07 9 of 22 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. 13, VARIATIONS 1N 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 [acts 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. y'agrcchwfhcVcu�const 13-07 10 oI 22 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`%t) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. 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 g/ngrcc/surinct/cityconst 12-07 11 of 22 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 Alter 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. 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 g/agrCC/ swfnct/cityconst 12-07 12 of 22 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 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. g/agree/surfnct/crtyconst 12-07 13 of 22 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnity 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 tinder a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted. 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 g agi cc/sw fnet/cityconst I i-07 14 of 22 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 hercinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22, 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. g/agree/suifnet/cityconst 12-07 15 of 22 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 24 and any damages shall be assessed as set forth in Section 24. 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 less all such payments already made. In case of such termination For convenience, the CONTRACTOR shall be entitled to receive payment for work executed, giagicc/sur(iict/cit%coil st 12-07 16 of 22 and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no 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. NONASSIGNABHATY 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. 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 g/agrccisw Cnct/cityconst 12-07 17 of 22 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 I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other eommunications 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 Bea"aA_r%A t � ATTN: Du4"' 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONRACTOR: CO'L. k Pt(_9 U P�- , C . c A- at 1710 — 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 urtcrpret, ,y 111 _1-CC/surfnct/wtyconst 12-07 I8 of 22 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 I mmigration 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 h1 the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attomey'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 1 9 Of 22 �aercc/sw Fnct/cityconst I2-07 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, irrespective of the date of its execution and delivery, be deemed an original. Fach duplicate original shall be deemed an original instrument as against any party who has signed it. g/agrcc/surfnct/cityconst 12-07 20 of 22 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 dr 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. SIGNATORIES 'Each undersigned represents and warrants that its signature hereinbelow has the po%ver, authority and right to bind their respective parties to each of the tenns of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdra%vm. 41. 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, =/�i,ice/�uiinet2itgconst I�-07 21 of22 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers 200 CONTRACTOR 1 A- 41, x'r- , d--NL . By: s Bruner print name ITS: (circle one) Chairman resident Vice President AND By: Mal Robyn tump print P111i ITS: (circle one) Se eta - /Chief Financial Officer/Asst. Secretary - Treasurer g/agree/surfnet/chyconst 12-07 22 of 22 CITY OF HUNTINGTON BEACH, a municip or oration of tl State. of California r4A�- Mayor t Clerk INITIATED AND APPROVED: Dire for of Public Works REVIEW *A APPROVED: lnistrator APPROVED AS TO FORM: (2 City Attorney CALIFORNIA ALL-PURPOSE t,D l .sir'2S!aiCai��C!z�.4!zv�v-.,C�i�• i.�t�L�:�� 'N,:�� .a 7Grai. `!iC.s�.v..'�.ir..Z .r.�.C.r.�C+'�.3Z...0 �.4�. C. 4. •....ice. i... •.a�./.��6.�i•�C :.ai/...3C.:a.. State of California County of San Bernardino On--q I I I 10 Q before me, Robyn Stump- Notary Public Date Name and Title of Officer (e.g., 'Jane Doe, Notary Publi(f) personally appeared Gus Bruner Name(s) of Signer(s) [2 personally known to me ❑ (or proved to me on the basis of satisfactory evidence) ROWN BAP to be the person(s) whose name(s) is/are subscribed to the Comm►nion # 1724078 within instrument and acknowledged to me that Notary Public • California- � g San Bernardino County he/she/they executed the same in his/her/their authorized Comm. resFeb 6 2011 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. Place Notary seal Above Sign re o 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(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Ttle(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ° ft El Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Ttle(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RlGAT'TNUtolp T ±OF SIGN@R' © 2006 National Notary Association - 9350 De Soto Ave:, P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 ,EMI ,61 T SECTION C PROPOSAL for the CENTRAL PARK PUMP STATION CC No. 1268 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 the selected working day schedule, 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 (60) from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 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 Signature C-2 PROJECT BID SCHEDULE CENTRAL PARK PUMP STATION CC No. 1268 BID ITEMS Item No. Description Quantity Unit Unit Cost Total Cost 1. Mobilization I LS 119 WO n Wo 2. Furnish and install 1 OxI OxI0 connection Ductile Iron tee per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, a 10" resilient wedge gate valve just on the west side of the new tee with valve box per City's Standard 612, a 12" resilient wedge gate valve with valve box per City's Standard just on the south side of the new tee, a new IOx12 expander, all potholing, pipe draining, disinfection, fittings, couplings, appurtenances, pavement saw -cutting and removal, excavation, backfi11, compaction, encasement, joint bonding, cathodic protection, joint thrust restraint, concrete thrust blocks, concrete gravity blocks, pavement replacement, surface repair, complete and in place. 1 LS 3. Furnish and install new 12" Ductile Iron restrained pipe, between the downstream from the new I Ox 1 Ox 10 tee to the point of connection to the existing pump station discharge end, both below ground, with portion above ground, supported by reinforced concrete pedestals, including and not limited to fittings, 90-degrees rigid Ductile Iron elbows, butterfly valves, mechanical joints, flange fittings, excavations, soil import, soil disposal, joint bondings, cathodic protection, joint thrust restraint, anode bed, 2 test stations, concrete thrust blocks, concrete gravity blocks, appurtenances, tree/shrub root pruning, tree/shrub trimming, surface repair, connection to the existing pump station, complete and operative in place. 40 LF sw 4. Furnish and install 20x20xl2 connection Ductile Iron tee per Public Works Standard. including and not limited to concrete thrust blocks, concrete gravity blocks, 12" resilient wedge gate valve with valve per box City's Standard 612, all potholing, pipe draining, disinfection, fittings, couplings, appurtenances, I LS C-3 Item No. Description Quantity Unit Unit Cost Total Cost pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, cathodic protection, joint thrust restraint, submittals, and pavement replacement, complete and in place. 5. As an alternative to a cut -in tee (item 4 above), hot tap existing 20" PVC main per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, 12" resilient wedge gate valve with valve per box City's Standard 612, all potholing, fittings, couplings, appurtenances, pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, joint thrust restraint, submittals, and pavement replacement, complete and in place. 1 LS 1 1400 6. Furnish traffic control in Goldenwest for the installation of new 12" pipeline, in accordance to the specifications, complete and in place. l LS 7. Furnish and install new 12" Ductile Iron restrained TR Flex pipe from Goldenwest to Central Park, below ground, including and not limited to fittings, mechanical joints, pavement sawcutting, trench excavation, joint bondings, anode bed, cathodic protection, pipe bedding, backfill, soil import, soil disposal; compaction, paving, appurtenances, surface repair, complete and operative in place. Prior to construction, complete pothole information, and provide a submittal. 150 LF 8. When necessary to avoid conflict with existing substructures along Goldenwest, furnish and install new Ductile Iron vertical offset, maximum of 3- vertical feet for 12" ductile iron pipeline. Vertical offset to include 2-each 22.5-degrees Ductile Iron fittings, concrete thrust blocks per City Standard 614, trench excavation. pipe bedding, compaction, joint bonding, cathodic protection, appurtenances, complete and operative in place. 1 EA 9. When necessary to avoid conflict for the proposed 12" ductile iron pipeline on Goldenwest, or along the discharge end of the proposed pump station, furnish and install new 2" air vac & release assembly per City Standard, including and not limited appurtenances, 2 EA C-4 Item No. Description Quantity Unit Unit Cost Total Cost air -vac can, complete and operative in place. 10. Furnish and install new 10" RPPD backflow device per City Standard, including and not limited to rigid fittings, appurtenances, concrete pad, reducers, expanders, concrete slab, joint bonding, concrete thrust blocks, joint thrust restraint, surface repair, complete and in place. 1 EA t0—U�& 11. Furnish and install new 12" Ductile Iron restrained TR Flex pipe, between the downstream from the new 10"' backflow device to the point of connection to the suction side of the new purnp station, above ground, supported by reinforced concrete pedestals, including and not limited to fittings, mechanical joints, concrete thrust blocks, joint thrust restraints, air -vac & release, excavations, soil import, soil disposal, joint bondings, appurtenances, tree root pruning, surface repair, connection to the new pump station, complete and operative in place. 100 LF 1470 c6b 12. Furnish and install new 12'' Ductile Iron restrained Flex pipe, between the discharge side of the new pump station, to the new tee located within the limit of the existing pump station, above ground, supported by reinforced concrete pedestals, including and not limited to fittings, check valves, butterfly valves, restrained flexible couplings, mechanical joints, joint thrust restraints, excavations, joint bondings, appurtenances, connections on both end of the pipe, surface repair, complete and operative in place. 15 LF 100 13. Furnish and install 4" CPVC pressure release pipeline, including and not limited fittings, elbows, anchors, concrete footings, testing, appurtenances, connection to the new pump station, surface repair, complete and in place. 45 LF 14. Install City furnished pre -purchased equipment, MCC and pump station assembly, in accordance to plans, specification, vendor requirement, including and not limited to plates, rods, brackets, appurtenances, anchors, surface repair, concrete pads, survey finish concrete pad elevations, complete and operative in place. 1 EA V�'C00 C-5 Item No. Description Quantity Unit Unit Cost Total Cost 15. Cut and cap/seal the to be abandoned 12" high pressure waterline, including all excavation, backfill, appurtenances, and surface repair, as shown on these plans, per City Standard, complete and in place. 2 EA Q 0 ajrti� 16. Cut and cap/seal the 12" high pressure outlet adjacent to the 10" high pressure waterline, including all excavation, backfill, appurtenances, and surface repair, as shown on these plans, per City Standard, complete and in place. 1 EA 2. 15 17. Pressure testing, chlorination and testing of all new water mains and appurtenances, including and not limited to temporary blow -offs, chlorine injection points, backflow device, per Public Works Standard, as directed by City inspector, complete and in place. l LS 1 g• Submit sheeting or shoring design in accordance with the geotechnical report by a registered professional engineer. Install sheeting, shoring, and/or bracing as required for all trenching and excavation operations, and confined spaces in accordance with these plans and as required by law. 1 LS 19. Over -excavate per geotechnical report specifically for the new pump station concrete pad, including and not limited to over -excavation, dispose of unsuitable soil, removal of abandoned water pipeline, and shoring. 150 CY 20. Import and place backfill per geotechnical report specifically for the new pump station concrete pad, including and not limited to compaction, shoring, import of soil, and surface preparation. 140 CY (_L JOD 21. Furnish and install new 400A (non -fused) 600V 3- Phase, double -throw switch in Nema-3R enclosure with identical lock to existing transformer enclosure. Mount with unistrut to the side of the breaker compartment of the existing transformer enclosure. Switch will control existing and new pump station so that the stations will not both operate at the same time. Do not mount switch to the middle of the transformer section. 1 EA �5nIco nv C-6 Item No. Description Quantit Unit Unit Cost Total Cost 22• Complete electrical termination at existing transformer to double throw switch, including connections to the new and existing conduit and conductor to both the new and existing pump stations. 1 LS -kcv 00 23• Furnish and install new Sch 40 Gray PVC 4" conduit, typically minimum 20" below grade, including fittings, pavement sawcutting, trench excavation, pipe bedding, backfill, compaction, paving, appurtenances, surface repair, complete and operative in place. 80 LF (� 24. Furnish and install new 600V 600kcmil Cu Cables (100 LF = I CLF). (Brian, what is the voltage rating requirement on these cables, 600V?) 3 CLF 25. Complete electrical termination at 400A MCC breaker 1 LS 26• Furnish and install new 600V #2 Cu Cables (100 LF = 1 CLF). (Brian, what is the voltage rating requirement on these #2 cables, 600V?) 1 CLF 27• Furnish and install new 1.5" galvanized steel conduit for 4 pumps (Need conduit material or other specification from Brian Gorda) including and not limited to brackets, appurtenances, anchors, surface repair, complete and operative in place. 200 LF 3�0 (10 pt+ 28. Furnish and install new 600V 43 Cu Cables (100 LF = 1 CLF). 2 CLF ho 740 29• Complete electrical terminations at the VFD or at the pump motor. 8 EA 30. Testing and commissioning of MCC with pump assembly, including and not limited to any necessary re -test and coordination with vendors that furnished all the City's pre -purchase equipment. 1 LS 31 • Furnish and install new 8' tall chain link fence, in accordance to plans and specifications, including and not limited to concrete footings, poles, gate location (exact location to be determined later by the City), fittings, appurtenances, brackets, anchors, surface repair, complete and operative in place.. 85 LF 'b' C-7 32. Remove and replace interfering portion of existing chain link fence to accommodate the installation of new above ground 12" Ductile Iron restrained pipeline. 10 LF 33• Under a separate directive by the City Engineer, abandon existing 6" domestic service on Goldenwest which provides domestic water to the existing pump station, including and not limited to capping the service per City Standard, capping the abandoned service pipe, removal of the existing concrete service vault, appurtenances, salvage and return water meter & appurtenances to the City water yard as directed, backfill, compaction, surface replacement with new concrete slab per City Standard, complete and operative in place. 1 LS WD 34. Demobilization and Cleanup 1 LS —wz� l �� TOTAL BID AMOUNT (IN FIGURES) S TOTALBID AMOUNT' Notes: All extensions of unit prices will be subject to verification by AGENCY. In case of a verification between the unit price and the extension, the unit price will govern. The AGENCY reserves the right to reject any or all proposals and bid iterns. C-8 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address ofeach 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 (by percentage of the total bid) the work to be done by such subcontractor. Portion of Work M Name of Subeontraetor and Address State License Number,, Class V? 4 -1 a96 By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work that 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-9 NONCOLLUSION 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, InQhe 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 T N\ A U C_�� �•� Signature Bidder 15148 Sierra Bonita Ln. Chino, CA 91710 Address of Bidder Subscribed and sworn to before me this 1 4th day of July , 2009. NOTARY PUBLIC A NOTARY SEAL ROB>rN STUMP COMMI$ floe # 172407e Notary PubliC • California Son Bernardino County C -10 Cow Feb S 2011 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 CENTRAL PARK PUMP STATION, CC No. 1268, (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: 7/ 1 4/ 0 9 Caliagua,Inc. Contractor bp -- By Title C-1 1 President 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 violation of law or a safety regulation? Yes No X 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-12 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 7/14/2009 Caliagua,Inc. Contractor By Title C-13 President UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: 2 0 0 9- 9 0 4 01 4 Caliagua,Inc. Contractor By President Title Date: 7/ 1 4/ 0 9 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 fi•om the AGENCY upon request. C-14 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Caliagua,Inc. Bidder Name 15148 Sierra Bonita Ln. Business Address Chino, CA 91710 (909 ) 393-9398 Telephone Number 359728 State Contractor's License No. and Class 5/22/1978 Original Date Issued 7/31/2010 Expiration Date The work site was inspected by "�'�' OL'j of our office on , 2009. The following are persons, firms, and corporations having a principal interest in this proposal: Gus Bruner -President C-l5 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their 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 Signature of Bidder Gus Bruner Printed or Typed Signature 15148 Sierra Bonita Ln. Chino, CA 91710 Address of Bidder (909 ) 393-9398 Telephone Number Subscribed and sworn to before me this 1 4th day of July NOTARY PUBLIC VRAMV �" , 2009. NOTARY SEAL ROWN 5 � Commisaion N 1724079 a Notary PublIC • California San Bernardino County Feb S 2011 C-16 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: PLEASE SEE ATTACHED PAPERWORK 1. Name and Address Name and Telephone No. of Project Manager: ( ) Contract Amount Type of Work Date Completed 2. Name and Address Name and Telephone No. of Project Manager: ( ) Contract Amount Type of Work Date Completed 3. Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed G17 15148 Sierra Bonita Ln. Chino, CA 91710-8903 Ph: 909-393-9398 Fx: 909-597-5167 Inc. License# 359728 Engineering Contractors Contractor List of References & Experience (Page 11) 11 Customer Design Engineer J Completed I Job Description Cont. Amt. Santa Ana Watershed Project Auth. 1165 Sterling Avenue Riverside, CA 92503 Ph: 95-354-4246 Attn: David Ruhl SAWPA Completed Oct-08 SARI Reach Maintenance Access Structures Project $127,400 Rancho California Water District 42135 Winchester Road Temecula, CA 92589 Ph:951-296-6900 Attn: Ken Cope RCWD Completed May-09 Mainline Valve Improvements At 13 Various Sites $197,620 Warner Bros Studios 4000 Warner Blvd Burbank, CA 91852 Ph: 818-568-1004 Attn:Dan Guzman Warner Brothers Completed Oct-08 WB Polyurethane Lining $29,760 15148 Sierra Bonita Ln. Chino, CA 91710-8903 Ph: 909-393-9398 A! liagua Fx: 909-597-5167 Inc- License#359728 Engineering Contractors Contractor List of References & Experience (Page 10) Customer Design Engineer Completed Job Description Cont. Amt. Hillcrest Contracting 1467 Circle City Dr. Dexter Wilson Engineering Completed Cliffhaven Water Booster Station $ 1,315,704 Corona, CA 92879 Attn: Stephen Nielsen Dec-06 Ph. (951) 273-9600 Attn:Darcy Searle Ph. (760) 438-4422 McCarthy Building Companies 6510 Forest Lawn Drive Psomas Completed Wet Site Utilities, Water, Sewer, & $ 660,956 Los Angeles, CA 90068 Attn: Ross Barker Nov-06 Storm Drain: New Parking Structure Ph. (323) 469-0071 Shawn Burkholder Ph. (661) 219-6000 Steve P Rados 00 St. West Dept of Water Resources Completed Tehachapi East Afterbay $ 447,996 Lancaster, CA 93536 Attn: Mark Castillo Mar-06 Installation of (2) Bulkhead Gates Ph. (714) 835-4612 Fred Doucedame Ph. (661) 233-2116 Installation of (2) Hyd Roller Gates FCl/Balfour Beatty 6185 Manchester Blvd RBF Consulting Engineers Estimated Route 39 / 5 Pumping Plant $479,778 Buena Park, CA 90621 Irvine, CA Completion Ph. 714 739-1915#223- Frank Mancha Dec-09 Warner Bros Studios 000 Warner Boulevard Design - Build Completed Warner Bros Studios, Burbank $38,421 Burbank, CA 91522 Sep-06 Rehab 48" Sewer MH Ph. (818) 568-1004 Attn:Dan Guzman Fieldstone Communities Ada, Suite 200 Dexter,Wilson Engineering Completed Ridgegate Booster Pump Station $1,324,635 Irvine, CA 92618 Attn: Stephen Nielsen Jul-07 City of Chino Hills Ph. (949) 730-5400 Att:Steve Bradley Ph. (760) 438-4422 CA Dept of Parks & Recreation 3030 Avenida del Presidente Completed Crystal Cove State Park $ 84,500 San Clemente, CA 92672 May-07 Water & FH Connection Ph. 949-497-7644 Attn: Brian Carlson City of Cerritos 18125 Bloomfield Avenue Civiltec Engineering, Inc. Reconstruction of Well & Chlorine $ 1,589,000 Cerritos, California 90703 Attn: Terry Kerger Completed Facilities Pumping plant C-1. Ph. 562-916-1223 Attn: Joe Holdren Ph. 626-357-0588 May-07 Meritage Homes 5161 California, Ste 200 Steven R. Andrews Engineei Est. Pine Valley Estates Sewage $ 1,524,873 Irvine, CA 92617 Steven Andrews Completion Lift Station 949-777-9531 Attn:Vlad Bruce Ph. 949-215-5050 Jun-08 Irvine Ranch Water District 15500 Sand Canyon Ave. Lee & Ro Associates Est Turtle Rock Zone B+ Booster Sta $ 715,000 Irvine, CA 92618 Kirk Saki Completion Modifications 949-453-5627 Attn: Ron Crim Ph:(626) 912-3391 Nov-08 Eastern Municipal Water District Po Box 8300 Krieger and Stewart Est Simpson Road Booster Station & $ 1,463,700 Perris, CA 92572 Daniel K. Jaggers Completion Pipeline- Design Build 951 928-3777 Attn: Gabe Necochea Ph:(951) 684-6900 May-09 15148 Sierra Bonita Ln. Chino, CA 91710-8903 Ph: 909-393-9398 Fx: 909-597-5167 Inc. License#359728 Engineering Contractors Contractor List of References & Experience (Page 09) Customer Design Engineer Completed Job Description Cont. Amt. City of Newport Beach 3300 Newport Blvd. The Keith Companies Dec-03 Buck Gully, Linda Isle, & Carnation $ 806,372 Newport Beach, CA 92663 Attn: Robert F. Seeman Pump Station Rehabilitation Ph. (949) 644-3342 Attn:Michael Sinacori Ph. (714) 540-0800 Dept of Parks & Recreation State of CA 1416 9th Street Dept of Parks & Recreation Apr-03 CA State Dept of Parks & Recreation $ 203,633 Sacramento, CA 95814 Attn: Robert E. Robinson Lake Perris Water Treatment Mods Ph. (916) 445-8870 Janis Stanton Ph. (619) 220-5300 Irvine Ranch Water District 15500 Sand Canyon Ave. Tetra Tech Dec-03 Tustin Zone 5 Booster Station $ 1,537,494 Irvine, CA 92618 Attn: Tom Epperson Ph. (949) 453-5540 Jeff Staneart Ph. (949) 727-7099 Capital Pacific Homes 00 South Main Street Hunsaker & Assoc. Oct-03 Kraft Ranch Pump Station $845,163 Corona, CA 92882-3238 Attn: Jim Smith / John Gass City of Corona, Tract No. 28999 Ph: 951-644-3342 Mark Mullins Ph. (949) 888-8597 City of Corona 815 West Sixth Street HDR Consulting Engineers Nov-03 City of Corona, Joy Street Lift Sta. $673,864 Corona, CA 92882-3238 Ph. (951) 736-2477 Jonathan Daly Santa Margarita Water District 26111 Antonio Parkway Water Three Engineering Dec-03 Oso Creek WRP $ 571,619 Los Flores, CA 92688 Attn:Tricia Butler Sodium Hypchlorite Facility Ph.(949) 459-6504 Bart Lantz Ph. (949) 888-8597 Ryan Companies 50 South Tenth Street, Suite 300 N/A Sep-03 Target Distribution Centers $ 377,617 Minneapolis, MN 55403-2012 Attn: Ph: (612) 490-0549 Anthony Johnson Ph. John Laing Homes, Inc. 501 S. Anaheim Boulevard AKM Consulting Engineers Sep-04 Adolfo Lopez Sewage Lift Stn $ 753,961 Anaheim, CA 92803 Attn: John Loague, PE Ph. (562) 431-6269 Vince McLean Ph. (949) 753-7333 City of Huntington Beach 2000 Main Street C.M.: Harris & Assoc. Oct-05 Water Well No. 12 Improvements $ 1,590,280 Huntington Beach, California 92648 Attn: Dennis Dembik Deep Well Pump & Chlorination Facil Ph. (714) 536-5430 Eric Charlonne Ph. (714) 901-2874 Coachella Valley Water Dist 85-995 Avenue 52 Lee & Ro Consulting In Progress La Quinta Primary Lift Station $ 1,492,567 Coachella, CA 92236 55-01 Renovations Ph. (760) 398-2651George Meza URM FIRST NATIONAL INSURANCECO. OFAMERICA 4333 Brooklyn Avenue N.E. Seatde, W A 98105 KNOW ALL BY THESE PRESENTS, That we, CALIAGUA, INC. of 15148 SIERRA BONITA LANE, CHINO CA 91710 (hereinafter called the Principal), as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA, of Seattle, Washington, 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 (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars ($ 10% OF BID AMT. ) 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 CENTRAL PARK PUMP STATION CC NO. 1268 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 13th day of JULY 2009 CALIAGUA, INC. (Seal) Principal Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA By +CEL D. STON Attorn -in-Fact S-3208/EP 7/94 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On 1113 / before me, R. 14APPI "NOTARY PUBLIC" (Here -insert name and title of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the persoR(.a'jwhose name(sfis/arc subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/4erAheir authorized capacity(i=s and that by his/hc4i4wir signatureKon the instrument the personX, or the entity upon behalf of which the person(<,acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. PPI WITNESS my hand and official,seal. �' l�� COMM. #1796916 NOTARY PUBLIC. CALIFORNIA RIVERSIDE COUNTY Si a of Notary Public (Notary Seal) My Comm. Expires 2012 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Tide) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Arry acknowledgment .completed in Cal farnia must contain verbiage exactly, as appears above in the notary section or a separate acknowledgment form must be properly completed, and attached to that document. The- only exception is if a document is to be recorded outside ojCalifornia. In such instances., any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certoing the authorised capacity of the signer). Please check the document carefnllj for proper notartal ivording and attach this fornt If required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signet(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they.- is /we ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges; re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the countyclerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (ix. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800473-9865 www.NotaryClasscs.com Ll berg' POWER First National Insurance Company of America 1001 4th Avenue mutual OF ATTORNEY Suite 1700 Seattle, WA 98154 KNOW ALL BY THESE PRESENTS: No. 6966 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint *****SHAWN BLUME; ROSEMARY NAPPI; JEREMY PENDERGAST; MICHAEL D. STONG: Riverside, CA******** its true and lawful attorney(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 21 st ,�X* e.Iq1 day of March Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 2009 "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 attorneys -in -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, (i) 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." 1, Dexter R. Legg , 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 1-3 _L day of _eiwrl �ix* R..1l Dexter R. Legg, Secretary S-1049/DF 3/09 WEB PDF CALIFORNIA ALL-PURPOSEi a. C�•!ai. �C �.: �. C�� Cs�w�c�.�. S���C C�a4�.r: �•��� '�Cr2s�C �C�C. i.aC�,•.. •.7S.^�C�i�< C1.�..^�, State of California County of San Bernardino On 100 - D to before me, Robyn Stump- Notary Public Name and TNe of Officer (e.g., "Jane foe, Notary Public' personally appeared Gus Bruner Names) of Signer(s) Rb"N STUMP Commi>I$lon iP i 7Z409• ®+� Notary Public - Colitornia- San Bernardino County Comm. =Feb& 2011 Place Notary Seal Above U 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/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m 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(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: fiIGHTTHUMBP,RINT _ OFSIGNER " .. of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — ❑ Partner — ❑ Limited ❑ Attorney in Fact Title(s): ❑ General ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER-1: Top of thumb -here © 2006 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_, at (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] California. TLS o3- ab - Mp 247542A Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project') hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20, at , California. (Type Contractor Name) By: Name: [Type Name] Ar.- y Title: [Type Title] IF R A ORNEX � 3--�)6-up 1 245911 1 CONTRACTOR'S CERTIFICATE 1, , state and certify that: (Name of Dedarant) 1. is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at APPROVED AS TO FORM By: s(1 -7/a Name: [Type Name] Title: [Type Title] on this day of , 20 (Signature of Declarant) 245914 1 Bond No, 6653888 PREMIUM: $4,780.00 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, by written agreement dated AUGUST 17 1 20 09, entered into a contract with CALIAGUA, INC. 15148 SIERRA BONITA IN, CHINO CA 91710 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: CENTRAL PARK PUMP STATION CONTRACT NO. 1268 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, we, the undersigned, as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA 120 VANTIS SUITE 130 ALISO VIEJO CA 92656 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City In the penal sum of TWO HUNDRED FIFTY—TWO THOUSAND FOUR AND NO/100 — — — — — — — — - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 252, 004.00 ), this amount being not less than one hundred percent of the price set forth in the Contract, In lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract time or contract price, and 277591.1 PERFORMANCE BOND Page 1 of 2 Bond No. 6653888 any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments -in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: AUGUST 17, 2009 ATTEST CALIAGUA, INC. (Corporate Seal) (Principal Name) By: _ & L11== Name: Title: 6/IiT ATTEST FIRST NATIONAL INSURANCE COMPANY OF AMERICA (Corporate Seal) (Surety Name) By: UAok__-_� Name. IC HA . STONG, ORNEY—IN—FACT Signatur of Attorney -in -Fa or Surety) (Attach Attorney -in -Fact Certificate) (949 � 860-6609 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY 0 UNTINGTON BEACH � c By yennifer Mc ath ity Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attomey-in-fact must be attached. 277591.1 PERFORMANCE BOND Page 2 of 2 t72 C. C!aL��:�•. C C� �C r..��C�C�C�. C� �S Cr�.�<�t C�S��C C C�C..�C �S�C�S.�S�S.a• aC�S�•�C�..:�C!aC.a State of California County Mfloq of San Bernardino On before me, Robyn Stump- Notary Public DatAf Name and Title of Officer (e.g.. 'Jane Doe, Notary Public-) personally appeared Gus Bruner Names) of Signer(s) RbVN F fldPCammisilon 74407® _o Notary Public - California - Son Bernordlno County Comm. Feb 2011 Place Notary Seal Above U 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/sheAhey executed the same in his/her/their authorized capadty(ies), and that by his/herhheir 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. 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: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact l Trustee Guardian or Conservator Other: Signer is Representing ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT -THUMBPRINT OF SIGNER 0 2006 National Notary Association • 9350 De Soto Ave:, P-O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-600-876-6827 t CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On 9 1 /7107 before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared MICRAEL D. STONG who proved to me on the basis of satisfactory evidence to be the person,(,ri'jwhose nameWis/arc subscribed to the within instrument and acknowledged to me that he/sheAltey executed the same in his/heW+heir authorized capacity(ic4 and that by his/liedg wir signature(<on the instrument the personX, or the entity upon behalf of which the personKacted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. R. tJA,l�Pl COMM. #1796916 t cc NOTARY PUBLIC -CALIFORNIA CO CC RIVERSIDE COUNTY (]Votary Seal) � My Comm. Expires June 7, 2012 Signature of Notary Pub to ADDITIONAL OPTIONAL. INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any aclarowledgmem completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. the only exception is if 'a document is to be recorded outside of California. In such instances. any ahernatnve acknmpledgment verbiage as mar be printed on such a document so long as the verbiage does nor require the notary to do something that is illegal for a notary in California (i.e. certifying the authorked capacity of tyre signer). Please check the document carefully for proper notarial wording and attach this form i f required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e, he/she/alw)— is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the.county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate tide or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2006 Version CAPA v 12.10.07 800-873-9865 %vww.NotaryClasscs.com Bond No. 6653888 PREMIUM INCLUDED IN PERFORMANCE BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to CALIAGUA, INC. 15148 SIERRA BONITA LN, CHINO CA 91710 (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: CENTRAL PARK PUMP STATION CONTRACT NO. 1268 (project title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA 120 VANTIS SUITE 130, ALISO VIEJO, CA 92656 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of Califomia and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of TWO HUNDRED FIFTY—TWO THOUSAND FOUR AND NO/100 — — — — — - - — — — — — — — dollars, ($252,004.00 — — — — — ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1816 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified In this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such , change, i��ses PAYMENT BOND Page 1 of 2 N, Bond No. 6653888 extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such parry's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of fts governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated; AUGUST 17, 2009 ATTEST (Corporate Seal) ATTEST (Corporate Seal) (Attach Attorney -in -Fact Certificate) CALIAGUA INC (Principal Name) Ax" FIRST NATIONAL INSURANCE COMPANY OF AMERICA L49) 860-6609 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By,"enn 1 1 i ath iv Attorney I Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -tact must be attached. 277539.1 Page 2 of 2 PAYMENT BOND CALIFORNIA �.!:�C�•!aC!a�•�•!.i,• t..�. i..��C�c�.�.rt�•�� :raC�.�• .�c� .a. C�•�Lz�C �c�Crs�C�4 .. •.aC�.�i C C..:�c: Ca State of California County of San Bernardino On 1A 0 before me, Robyn Stump- Notary Public Date Name and Title of Officer (e.g., *Jane Doe, Notary Public") personally appeared Gus Bruner Name(s) of Signer(s) U personally known to me ❑ (or proved to me on the basis of satisfactory evidence) ROBYN STUMP F to be the person(s) whose name(s) is/are subscribed to the CommiNlon i 1724078 Notary Public • California- within instrument and acknowledged `to me that San Bernardino County he/sheAhey executed the same in his/her/their authorized Gol=. Feb5 2011 t 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. Place Notary Sea►Abova Sign re of Notary Public OPTIONAL Though the Information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ individual ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑ General ❑ Attorney in Fact ' ❑ Trustee Top of thumb here ❑ 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: RIGHT THUMBPRINT; OF SIGNER' "-,T of thumb here 0 2006 National Notary Association • 9350 De Soto Ave:, P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toli-Free i-800-B76-6627 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On $ICJ a before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the person,(.a'jwhose name(sf is/arc subscribed to the within instrument and acknowledged to me that he/she/44tey executed the same in his/4en�l°ieit` authorized capacity{ic4 and that by his/her11l it signature(<on the instrument the personX, or the entity upon behalf of Which the persongacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is, true and correct. . WITNESS my hand and official seal. R. NAPPI _- COMM. #1796916 cc NOTARY PUBLIC-CALIFORNIA RIVERSIDE COUNTY Signature of Notary Public (Notary Seal) My Comm. Expires June 7, 2012 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION 'OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description,of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any ackno+rledgmem completed in Cal jornia must contain verbiage exactly, as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In. such instances., airy alternative aclatarvledgment verbiage as may be printed onsucha document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the autbori=ed"capaciryv afthe signer). Please check the document carefully for proper notarial wording and attach, this form if required e State and County information must be the State and County where the document signer(s) personally appeared before the`notary public for acknowledgment. — Dlate-of-notarization must be the -date -that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public mist print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lie/shtJdwy- is tare) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary "seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 irww.NolaryClasses.com llbel'' POWER First National Insurance Company of America 1001 4th Avenue Mutud"1. OF ATTORNEY Suite 1700 Seattle, WA 98154 KNOW ALL BY THESE PRESENTS: No. 6966 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint *****SHAWN BLUME; ROSEMARY NAPPI; JEREMY PENDERGAST; MICHAEL D. STONG: Riverside, CA******** 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 21 st day of March , 2009 Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice 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 attomeys-in-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, (i) 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, Dexter R. Legg , 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 1 day of allAXka-t— �or i,kj, Dexter R. Legg, Secretary S-1049/13F 3/09 WEB PDF RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich City Treasurer FROM: \ 0— �?77 Lx oaf -- DATE: (1 SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved (Council Allproval Date) (Company Name) Agenda Item No. City Clerk Vault No J`v #27 g1followup/bondletter.doc CALIINC-01 LOSA ACORD,.. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/009 ) PRODUCER (888) 825-4322 Bowermaster & Associates P.O. Box 6026 10805 Holder Street - Suite 350 Cypress, CA 90630 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Caliagua, Inc. 15148 Sierra Bonita Lane Chino, CA 91710- INSURERA Interstate Fire & Casualty INSURER B. Hartford Casualty Insurance Company INSURERc RSUI Indemnity Company INSURER D. INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L R ADD' L R PE RA POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DAT DDI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X X COMMERCIAL GENERAL LIABILITY SGL1001505 10/1/2008 10/112009 PREMISES Ea occurence $ 50,00 CLAIMS MADE ®OCCUR MED EXP (Any one person) $ EXCLUDE PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00 _X1 POLICY PROT- LOC B AUTOMOBILE X LIABILITY ANY AUTO 72UUNJO1304 10/1/2008 10/112009 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIREDAUTOS NON -OW NED AUTOS &ED AS FO X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY , 1 e'y AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ Ill AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 C X OCCUR CLAIMS MADE NHA222349 10/1/2008 10/1/2009 AGGREGATE $ 5,000,000 $ DEDUCTIBLE $ X RETENTION $ 10,000 WORKERS COMPENSATION AND WC STATU- OTH- TCRY LIMITS ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER B Commercial Equipment Floater 72UUNJO1304 10/1/2008 10/112009 Rental Equipment Spi Firm $200,00 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS If this policy cancels for non-payment the company will issue 10 day notice of cancellation. RE: Central Park Pump Station, Construction Contract 1268 City of Huntington Beach, its agents, officers, and employees are additional insureds per the attached Blanket CG 20 10 11-85 form. L,rK I Ir*II,A i G r1ULUCK %,Mr'J .,CLLA I IUN City of Huntington Beach, its agents, officers, and employees 2000 Main Street Huntington Beach, CA 92648- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) © ACORD CORPORATION 1988 CALIINC-01 LOSA IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) POLICY NUIUISER: SLG1001505 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 0 s--., i. - a j a, ems, � .- 0't� i 8= This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE NaMi3 of Person or Organization: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional in- sured on your policy. City of Huntington Beach, its Agents, Officers, and Employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) 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. "CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 13 CERTHOLDER COPY SJ STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08-17-2009 GROUP: 000044 POLICY NUMBER: 0019192-2008 CERTIFICATE ID: 166 CERTIFICATE EXPIRES: 10-01-2009 10-01-2008/10-01-2009 CITY OF HUNTINGTON BEACH Sd JOB:CENTRAL PARK PUMP STATION CONSTRUCTION CONTRACT 1268 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. �tTHORIZED�REPqRE�S�ENTATI49JPRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - GUS BRUNER PRES SEC TRES - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-1999 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER CALIAGUA, INC. SJ 15148 SIERRA BONITA LN CHINO CA 91710 [B17,SCI (REV.2-05) PRINTED : 08-17-2009 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK September 29, 2009 Caliagua, Inc. 15148 Sierra Bonita Ln. Chino, CA 91710 Re: Central Park Pump Staion — CC-1268 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5437. Sincerely, Jo L. Flynn, CIVIC City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister Citifo�°ri 8�c�sncont�ca5, o,�a tereo r , apan • al t `New Zealand (Telephone: 714-536-5227 ) COO Council/Agency Meeting Held: Deferred/Continued to: Appr vend ❑ Conditionally Approved ❑ Denied ' Cit ler Signat e Council Meeting Date: 9/8/2009 Departme D Number: PW 09-41 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUN MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINISTRA , PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTORfFPUBVZ7V-V2-0RKS SUBJECT: Award Central Park Pump Station Project; CC-1268 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On July 21, 2009, bids were opened for the Central Park Pump Station Project, CC-1268. Staff requests that the City Council award the contract to Caliagua, Inc., the lowest responsive and responsible bidder. Funding Source: Funds for this project are available in Water Fund Account No. 50691024.82100. The engineer's estimate of construction contract cost is $250,000 which excludes the cost of City purchased equipment. Recommended Action: Motion to: 1. Approve the project plans and specifications for Central Park Pump Station Project ; CC- 1268; 2. Accept the lowest responsive and responsible bid submitted by Caliagua, Inc., in the amount of $251,920.00; 3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and 4. Authorize the Director of Public Works to approve up to twenty percent (20%) in construction change orders. Alternative Action(s): Reject all bids, and provide staff with alternative direction. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/8/2009 DEPARTMENT ID NUMBER: PW 09-41 Analysis: The Central Park Irrigation Pump Station is located in Huntington Central Park, approximately 100 ft. south of the Park Bench Cafe. The existing pump station is over 20 years old and in a state of disrepair. The project will build a new pump station facility using pre -packaged pumping equipment, immediately adjacent to the existing station, to allow for the operation of the existing pump station during construction. The old station will then be abandoned and the new station will take over full irrigation operations. The new pump station is more efficient, thereby providing savings on future operation and maintenance costs. In addition, once the new pump station system is constructed and in operation, the existing Central Park irrigation well pump station, booster pump station, and the adjacent small above ground irrigation reservoir are no longer needed and may be permanently abandoned after the completion of the project. The project is the first phase of a larger project that will eventually supply water from Well No. 8, located near Goldenwest Street and Warner Avenue, to irrigate Central Park, Sports Complex, Murdy Park, and landscape medians along Goldenwest Street. The improvements at the well and other pipeline re -configurations will be done under Phase II. A complete set of plans and specifications are available for review at the Public Works counter during normal business hours. Bids were opened publicly on July 21, 2009 and are listed in ascending order: Bidding Contractor Bid Corrected Bid West Coast Backhoe Services deemed non -responsive) $228,613.77 $238,857.05 Caliagua, Inc. $252,004.00 $251,920.00 Sandoval & Johnson Construction $252,509.80 $254,259.80 Don Peterson Contracting Inc. $255,970.00 $255,969.98 RC Foster Corporation $265,822.00 $265,822.00 Eastern Valley General Engineering $294,000.00 $298,917.25 Fleming Environmental $319,207.00 $319,207.00 Atlas -Allied Inc. $340,710.00 $340,710.00 G Coast Construction, Inc. $344,550.00 $344,550.00 Humphrey Construction — HC $354,960.00 $354,960.00 United Engineering Const. $405,679.00 $405,679.00 The engineer's cost estimate was $250,000. Bid amounts were verified. While the apparent low bidder was West Coast Backhoe Services, they were deemed non -responsive due to an incomplete bid proposal. Therefore, the lowest responsive bidder was determined to be Caliagua, Inc. The reference check for Caliagua, Inc. provided acceptable responses from past clients. -2- 8/24/2009 3:46 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/8/2009 DEPARTMENT ID NUMBER: PW 09-41 With contingency, supplemental expenses, and expected staff costs, the full project cost is estimated to be $350,000. Construction contingency is requested at twenty percent (20%) to address any unforeseen site conditions. Supplemental expenses are estimated at approximately twenty percent (20%) for soils and materials testing, construction support services by outside firms, in-house inspection services and additional engineering support. Public Works Commission Action: The Public Works Commission reviewed and approved CC-1268 on June, 2009, with a vote of 5-0-2 (Harlow, Spencer absent). Strategic Plan Goal: Maintain, improve and obtain funding for public improvements. Environmental Status: The project consists of rehabilitation of existing City -owned facilities, with little or no negligible expansion of an existing use. The project is, therefore, categorically exempt from CEQA per Article 19, Section 15301. Attachrment(s): -3- 8/24/2009 3:46 PM ATTACHMENT #1 17,55(32 GOLDENWEST ST- HUNTING-"TON HEACH, CA 9-12kw 4 CC- 1268 Location Map INITIATING DEPARTMENT: Public Works SUBJECT: Award Central Park Pump Station Project, CC-1268 COUNCIL MEETING DATE: September 8, 2009 RSA ATTA�I _ ENTS: ��_ - STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not A plicable Bonds (If applicable) Attacheducable El Not A Staff Report (If applicable) Attached ❑ Not Appiicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION; FOFt-MISSING ATTACHIEIVTS_ ; Administrative Staff Deputy City Administrator (Initial) City Administrator (Initial) f�« Citv Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: DeBow/Lee BID RESULTS JULY 21, 2009 @ 2:OOpm _ _ _ CC1268 Central Park Booster Pump Station ����� 000 Contractor Bid Amount Bid Amount Corrected Contractor Rank 1 Academy Electric 2 Alfa Electric 3 All American Mechanical Construction Atlas -Allied ao 5 Beard Electric 6 BNB Engineering 7 Caliagua, Inc. ®0 ' 8 CBS Electrical Contractors, Inc. 9 DLG Electric 1 Don Peterson Contracting Inc. D coo 11 Eastern Valley General Engineering 12 Ewing Irrigation 13 Facility Builders & Erectors, Inc. 14 Fleming Environmental 00 15 Frank Mirjahangir & Assoc. 16 Coast Construction, Inc. 17 Harbour Constructors, Co - HCC 18�Humphrey Construction - HC n 0 19 McGraw Hill Construction Dodge 20 O'Connell Engineering 21 PCI - Pacific Coast Infrastructure 22 PEI 23 C Foster Corporation 24 Reed Construction Data 25 Ross A. Guy & Sons G:\Construction Contracts (CCs)\CC1268 Well No.8 Irrigation Project\Central Park Booster Pump Station\PRE- AWARD\Bid Project\CC1268 Bid Results Corrected 7.20.09 BID RESULTS JULY 21, 2009 @ 2:00pm 2 Sandoval & Johnson Construction 27 Shultz Electric 28 So Cal Earthworks 29 SS Mechanical Corp. 30United Engineering Coast. 31 W.L. Butler 32 West Coast Backhoe Services 33 t 34 35 G:\Construction Contracts (CCs)\CC1268 Well No.8 Irrigation Project\Central Park Booster Pump Station\PRE- AWARD\Bid Project\CC1268 Bid Results Corrected 7.20.09 o r,,- I I " 7- V1, 2009 JUIL 2 1 PH 2: 01 zs -I Ili I z Iff HE SECTION A NOTICE INVITING SEALED BIDS for the CENTRAL PARK PUMP STATION CC No. 1268 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on July 21, 2009. 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 $55.00 nonrefundable fee if picked up, or payment of a $75.00 nonrefundable fee if mailed via U.S.Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening . The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Pursuant to the amended Public Contract Code Section 3400, Contractors are now required to submit all substitution requests for equal materials or systems prior to award of the contract during a period specified in the bid documents. No substitution requests will be considered after award of the contract. Project Description: The work generally includes the construction of 12-inch irrigation service, consist of both above ground and below ground restrained metal pipe, connected to a new AGENCY furnished pre -purchase pump station equipment. The new station will be able to function as a back-up to the existing pump station on -site, and the station will be designed to operate one or the other, but not both at the same time. Work also include installing a new throw switch at the existing electrical transformer, with new conduit/conductor to the AGENCY furnished pre -purchase MCC unit. The project schedule is sixty (60) working days. Due to nesting of bird species at the park, construction will only be allowed between October 1, 2009 to April 1, 2010. The Engineer's estimate for the work included in the contract is $250,000 . The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 2nd day of September 2008, by RESOLUTION 2008-54. Attest: /s/ Joan Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California. under date of Aug. 24. 1994. case A50479. STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am the 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 the attached Notice is a true and complete copy as was printed and published on the following date(s): July 2, 9, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 10, 2009 at Costa Mesa, California 47 G- Signature ' SECTION A _ ..NOTICE INVITING SEALED BIDS . for the CENTRAL PARK PUMP STATION, CC No.1268` ' in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON.BEACH, as AGENCY, invites sealed bids for - the above-stated,project and will receive such bids in the office of the City Clerk, Second :Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour*of 2:00.p.m. on .July 21, 2009. Bids ,will be publicly open in the. Council" Chambers unless otherwise posted. Copiesofdhe 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 $55:00 nonrefundable fee if -picked up, or payment of'a.$75:00,nonrefundable fee'if mailed via U:S.Postal Service, FedEx, UPS or any other delivery service. Any contract entered into, pursuant to this notice will)incorporate the I provisions_of,the State Labor Code. Pursuant to the provisions of the Labor. Code of 'the State -of California, the, minimum, prevailing rate of per diem, wages for each, craft, classification ,or.type of workman needed to execute the- contract shall be those- determined by the Director of Industrial Relations of the State of California; which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648`. The;AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section,4590..The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The .`'AGENCY hereby affirmatively .ensures that 'minority business enterprises will be afforded full opportunity to submit bids in response to 'this notice and will not be discriminated'against:on the basis of race, color, national origin, .ancestry, -sex, or religion.: in any consideration leading to the award_ of. contract No bid shall be considered unless it is'prepared on the approved Proposal forms in conformance with the.lnstructi0ns to Bidders. The bid must be accompanied by a "certified check; cashier's check, or, bidder's bond 'made payable to the AGENCY, for an amount no less than 10% of the amount bid.' The 'successful bidder shall be licensed in accordance 'with provisions of the Business and Professions Code and shall possess a.. State Contractor's License Class A at the.time of the bid opening ..The successful Contractor and his subcontractors will be required to possess' business licenses from the AGENCY." Pursuant to the amended Public,Contract Code Section 3400, Contractors are now required to submit all substitution requests for equal 'materials or .systems' prior to award of the contract during a period specified in the bid documents. No substitution requests will be considered after f award of.the contract. " Project Description: The work generally includes, the construction of 12-inch irrigation service, consist of both above ground,and below ground restrained, metal pipe, connected to'a new AGENCY. furnished pre -purchase pump station equipment.. The new station will,be able to function as•a back-up to theexistingpump station'on-site, and the, station'. will be designed to operate one or the other,, but not both at the same time. Work also -include installing a .new throw switch' at the existing electrical transformer,,, , with new' conduit/conductor .to the AGENCY furnished pre -purchase MCC unit. ❑ The project schedule is sixty (60) working days. ❑ Due to nesting of bird- species at the park, construction will :only be allowed between October 1, 2009 to April 1, 2010. ❑ The Engineer's estimate for, the work inbluded in the contract .is $250,000 ., The AGENCY reserve's the right to reject any or all bids,, to waive any i irregularity and to take all bids under advisement fora maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA the 2nd day of September 2008, by RESOLUTION 2008-54., Attest: %s/Joan Flynn ' CITY CLERK OF THE -CITY OF HUNTINGTON BEACH l Pufilished Huntington Beach1ndeaendent July 2, 9,.2009 1, 065-803 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Change County, State of California, under date of Aug. 24, 1994, case A50479. STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am the 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 the attached Notice is a true and complete copy as was printed and published on the following date(s): July 2, 9, 2009 declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 10, 2009 at Costa Mesa, California Sign e SECTION A NOTKE INVITING SEALED BIDS for the CENTRAL PARK PUMP STATION CC Ho. 1268 In the., . CITY OF HUNTINGTON BEACH ' PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY; invites 'sealed bids for, the. above -stated -project and will receive such bids in -the. office of, the City Clerk, Second Floor, 2000'Mam Street, Huntington Beach, California 92648,,up to the hour of 2:00 p.m, on, July 21; .2009.; 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 Directorof Public Works, 2000 Main. Street, Huntington. Beach, CA' 92648, upon. payment of a '$55.00',nonrefundable fee if picked up, or -payment of a,$75.00 nonrefundable fee if mailed.via U.S. Postal Service,-FedEx,"'UPS or any other delivery service. ' " Any contract, entered into pursuant' to' this notice will. incorporate' the provisions' of. the State Labor ,Code. Pursuant to the provisions of the Labor Code of t�e.State,of,California; the minimum .prevailing rate of per diem wages #or.each'craft,:classification ortype of:workmah 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 Offcce of ,the Director of Public Works, 2000 Main Street, Huntington Beach, .CA•92648..', ' The AGENCY -Will- deduct a 10% retention from all progress payments: The Contractor' may..substitute an escrow holder surety.of equal.value to !the retention in accordance, with the provisions of the California Government• Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon: The AGENCY. hereby affirmatively ensures that minority 'business'. enterprises will, be _full opportunity •to. submit bids in response toy this, notice and' will not be:discriminated against on thebasis. of race; color, national, origin, ancestry, sex, or' religion in 'any . consideration leading to the award of contract. t . ..No bid shall be considered, unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. " The bid must be, accompanied by; a. certified check, Fashier's check, or bidder's bond,made payable to the AGENCY -_for an amount no Iess.thah 10% of the amount bid. . The successful bidder, shall -be 'licensed' in accordance: with provisions of the Business and ' Professions :Code .and shall possess a State Contractor's License Class A at the time;of the,bid opening :.The successful Contractor and his subcontractors will"tie required-to'possess business licenses from the AGENCY. PJursuant to the amended.Public Contract Code Section 3400;'Contractors are now required to submit all substitution requests for equal ,materials or systems prior to award of the contract during'a period specified in the bid':documents. No, substitution requests will be :considered after award -of the contract:, , Project Description- The. work generally includes the 'construction of 12-inch irrigation service, consist 'of, both above ground and below ground restrained metal pipe, connected to a new AGENCY, furnished pre -purchase pump,station equipment. The new station, will'be able to function as a back-up to• the existing .pump .station on -site, and the station will be designed' to operate one.lor the other, but not both at the same time. Work also includg installing a new throw switch at,the existing electrical transformer, with new, conduit/cond'uctor .to the AGENCY.=furnished pre -purchase MCC unit: ❑ The project schedule is sixty (60) working. days.. 0 Due to nesting of bird species at Ahe park, construction will only :be allowed between October 1, 2009 to April 1, 2010:, . ❑ The Engineer's estimate .,for the . work included in the contract is $250,000. The AGENCY reserves the, right to reject`any'or all bids,'to waive.any irregularity and to take all bids under advisement,for, a maximum period of 60 days. BY ORDER of, the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, . the 2nd day 'of September•2008, by RESOLUTION 2008-54. Attest: /s/ Joan Flynn CITY ,CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Independent July 2, 9;2009. 065=803 Unsuccessful Bids CC-1268 Central Park Pump Station City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 2, 2009 Atlas -Allied, Inc. 1210 N. Las Brisas Street Anaheim, CA 92806-1823 RE: CC-1268 —Central Park Pump Station Enclosed please find your original bid bond for CC-1268. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe enclosure Sister df/pslo (Us�,gronti�et�r t�4'� C�P� New Zealand ( Telephone: 714-536-5227 ) ATLAS -ALLIED, INC. 1210 N. Las Brisas Street City of Huntington Beach City Clerk 2000 Main Street 2 nd Floor Huntington Beach, CA 92648 SECTION C PROPOSAL for the CENTRAL PARK PUMP STATION CC No. 1268 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 the selected working day schedule, 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 (60) from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bid Bond in the amount of $ 10% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda_No: Date Received Bidder's Signature .. C-2 PROJECT BID SCHEDULE CENTRAL PARK PUMP STATION CC No. 1268 BID ITEMS Item No. Description Quantity Unit Unit Cost 'Total Cost 1. Mobilization 1 LS 2S.00O 25 Pro c� 2. Furnish and install IOxIOx10 connection Ductile Iron tee per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, a 10" resilient wedge gate valve just on the west side of the new tee with valve box per City's Standard 612, a 12" resilient wedge gate valve with valve box per City's Standard just on the south side of the new tee, a new 1Ox12 expander, all potholing, pipe draining, disinfection, fittings, couplings, appurtenances, pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, cathodic protection, joint thrust restraint, concrete thrust blocks, concrete gravity blocks, pavement replacement, surface repair, complete and in lace. 1 LS�2 3. Furnish and install new 12" Ductile Iron restrained pipe, between the downstream from the new 1Ox10x10 tee to the point of connection to the existing pump station discharge end, both below ground, with portion above ground, supported by reinforced concrete pedestals, including and not limited to fittings, 90-degrees rigid Ductile Iron elbows, butterfly valves, mechanical joints, flange fittings, excavations, soil import, soil disposal, joint bondings, cathodic protection, joint thrust restraint, anode bed, 2 test stations, concrete thrust blocks, concrete gravity blocks, appurtenances, tree/shrub root pruning, tree/shrub trimming, surface repair, connection to the existing pump station, complete and operative in 450.0O �• lace. 40 LF O� 4. Furnish and install 20x20x12 connection Ductile Iron tee per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, 12" resilient wedge gate valve with valve per box City's Standard 612, all potholing, pipe draining, disinfection, fittings, couplings, appurtenances, 1 LS �,d �•° Z .00 C-3 Item No. Description Quantity Unit Unit Cost 'Total Cost pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, cathodic protection, joint thrust restraint, submittals, and pavement replacement, complete and in place. 5. As an alternative to a cut -in tee (item 4 above), hot tap existing 20" PVC main per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, 12" resilient wedge gate valve with valve per box City's Standard 612, all potholing, fittings, couplings, appurtenances, pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, joint thrust restraint, submittals, and pavement replacement, complete and in place. 1 LS 010000• ° u ,4p tom. 00 6. Furnish traffic control in Goldenwest for the installation of new 12" pipeline, in accordance to the specifications, complete and in place. 1 LS 412c" #JZ Utz=.00R 7. Furnish and install new 12" Ductile Iron restrained TR Flex pipe from Goldenwest to Central Park, below ground, including and not limited to fittings, mechanical joints, pavement sawcutting, trench excavation, joint bondings, anode bed, cathodic protection, pipe bedding, backfill, soil import, soil disposal, compaction, paving, appurtenances, surface repair, complete and operative in place. Prior to construction, complete pothole information, and provide a submittal. 150 LF. oo �� �' 8. When necessary to avoid conflict with existing substructures along Goldenwest, furnish and install new Ductile Iron vertical offset, maximum of 3- vertical feet for 12" ductile iron pipeline. Vertical offset to include 2-each 22.5-degrees Ductile Iron fittings, concrete thrust blocks per City Standard 614, trench excavation, pipe bedding, compaction, joint bonding, cathodic protection, appurtenances, complete and operative in place. 1 EA #7SU0 • ®0 75M 00 9. When necessary to avoid conflict for the proposed 12" ductile iron pipeline on Goldenwest, or along the discharge end of the proposed pump station, furnish and install new 2" air vac & release assembly per City Z�C•o �, �" Standard, including and not limited appurtenances, 1 2 1 EA C-4 Item No. Description Quantity Unit Unit Cost Total Cost air -vac can, complete and operative in place. 10. Furnish and install new 10" RPPD backflow device per City Standard, including and not limited to rigid fittings, appurtenances, concrete pad, reducers, expanders, concrete slab, joint bonding, concrete thrust blocks, joint thrust restraint, surface repair, complete and in place. 1 I EA 0 2C,060 " 20, 000 • oa 11. Furnish and install new 12" Ductile Iron restrained TR Flex pipe, between the downstream from the new 10" backflow device to the point of connection to the suction side of the new pump station, above ground, supported by reinforced concrete pedestals, including and not limited to fittings, mechanical joints, concrete thrust blocks, joint thrust restraints, air -vac & release, excavations, soil import, soil disposal, joint bondings, appurtenances, tree root pruning, surface repair, connection to the new pump station, complete and operative in place. 100 LF 14 4DD-00 440,E°Oc' 12. Furnish and install new 12" Ductile Iron restrained Flex pipe, between the discharge side of the new pump station, to the new tee located within the limit of the existing pump station, above ground, supported by reinforced concrete pedestals, including and not limited to fittings, check valves, butterfly valves, restrained flexible couplings, mechanical joints, joint thrust restraints, excavations, joint bondings, appurtenances, connections on both end of the pipe, q 5 °� roc' surface repair, complete and operative in place. 15 LF • 67Sa• 13. Furnish and install 4" CPVC pressure release pipeline, including and not limited fittings, elbows, anchors, concrete footings, testing, appurtenances, connection to the new pump station, surface repair, complete and in place. 45 LF 0 ' 8 W e00> 7470, 00 14. Install City fiirnished pre -purchased equipment, MCC and pump station assembly; in accordance to plans, specification, vendor requirement, including and not limited to plates, rods, brackets, appurtenances, anchors, surface repair, concrete pads, survey finish concrete pad elevations, complete and operative in lace. 1 EA C-5 Item No. Description Quantity Unit Unit Cost Total Cost 15. Cut and cap/seal the to be abandoned 12" high pressure waterline, including all excavation, backfill, appurtenances, and surface repair, as shown on these Tans, per CityStandard, complete and in lace. 2 EA �5iV 16. Cut and cap/seal the 12" high pressure outlet adjacent to the 10" high pressure waterline, including all excavation, backfill, appurtenances, and surface repair, as shown on these plans, per City Standard, complete and in place. 1 EA * 2t;oc . 110 �5at�. cap 17. Pressure testing, chlorination and testing of all new water mains and appurtenances, including and not limited to temporary blow -offs, chlorine injection points, backflow device, per Public Works Standard, as directed by City inspector, complete and in place. 1 LS I 41pcw-c' IQ �Ap, catr 18. Submit sheeting or shoring design in accordance with the geotechnical report by a registered professional engineer. Install sheeting, shoring, and/or bracing as required for all trenching and excavation operations, and confined spaces in accordance with these plans and as required by law. 1 LS �p 19. Over -excavate per geotechnical report specifically for the new pump station concrete pad, including and not limited to over -excavation, dispose of unsuitable soil, removal of abandoned water pipeline, and shoring. 150 Cy O b5. acy 9 7 - Cv 20. Import and place backfill per geotechnical report specifically for the new pump station concrete pad, including and not limited to compaction, shoring, import of soil, and surface preparation. 140 Cy 47.6,00 21. Furnish and install new 400A (non -fused) 600V 3- Phase, double -throw switch in Nema-3R enclosure with identical lock to existing transformer enclosure. Mount with unistrut to the side of the breaker compartment of the existing transformer enclosure. Switch will control existing and new pump station so that the stations will not both operate at the same time. Do not mount switch to the middle of the transformer section. 1 EA R'>G�OcG irl5W C-6 Item No. Description Quantity Unit Unit Cost Total Cost 22. Complete electrical termination at existing transformer to double throw switch, including connections to the new and existing conduit and conductor to both the new and existing pump stations. 1 LS !0 Z,cvn.0Q ¢$ Z oAD, 00 23. Furnish and install new Sch 40 Gray PVC 4" conduit, typically minimum 20" below grade, including fittings, pavement sawcutting, trench excavation, pipe bedding, backfill, compaction, paving, appurtenances, surface repair, complete and operative in place. 80 LF #20.00 41601).00 24• Furnish and install new 600V 600kcmil Cu Cables (100 LF = 1 CLF). (Brian, what is the voltage rating requirement on these cables, 600V?) 3 CLF 4 1000 -v o 4 3DDO, cv 25. Complete electrical termination at 400A MCC breaker 1 LS -I Z360, 00 $,7 c . Do 26. Furnish and install new 600V #2 Cu Cables (100 LF = 1 CLF). (Brian, what is the voltage rating requirement on these #2 cables, 600V?) 1 CLF 500. D® 27. Furnish and install new 1.5" galvanized steel conduit for 4 pumps (Need conduit material or other specification from Brian Gorda) including and not limited to brackets, appurtenances, anchors, surface repair, complete and operative in place. 200 LF ZD , Oo -it 4 WD . OD 28. Furnish and install new 600V #3 Cu Cables (100 LF = 1 CLF). 2 CLF r��p, Do -to 29• Complete electrical terminations at the VFD or at the pump motor. 8 EA -4100.0a # 1500 .0D 30. Testing and commissioning of MCC with pump assembly, including and not limited to any necessary re -test and coordination with vendors that furnished all the City's pre -purchase equipment. 1 LS 46-15D�o .�" p, 00 31. Furnish and install new 8' tall chain link fence, in accordance to plans and specifications, including and not limited to concrete footings, poles, gate location (exact location to be determined later by the City), fittings, appurtenances, brackets, anchors, surface repair, complete and operative in place.. 85 LF 01pV,00 4I$SCO C-7 32. Remove and replace interfering portion of existing chain link fence to accommodate the installation of new above ground 12" Ductile Iron restrained pipeline. 10 LF (pp .oc) 33. Under a separate directive by the City Engineer, abandon existing 6" domestic service on Goldenwest which provides domestic water to the existing pump station, including and not limited to capping the service per City Standard, capping the abandoned service pipe, removal of the existing concrete service vault, appurtenances, salvage and return water meter & appurtenances to the City water yard as directed, backfill, compaction, surface replacement with new concrete slab per City Standard, complete and operative in place. 1 LS scop'"e '-5clob• 11 34. Demobilization and Cleanup 1 LS 3,rW A" :0 :35co." TOTAL BID AMOUNT (IN FIGURES) $ .3958I0 TOTAL BID AMOUNT IN WORDS: Do ars otn�- fvo p- ct;, s Notes: All extensions of unit prices will be subject to verification by AGENCY. in case of a verification between the unit price and the extension, the unit price will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-8 rW 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 (by percentage of the total bid) the work to be done by such subcontractor. Portion, of Work . _ Name of Subcontractor andAddtds,, State License `' Number. . Class" LCORAl aN i-tecIt 7 l vFa fir, G'iD By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work that 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-9 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Eva Siciliani , being first duly sworn, deposes and says that he or she is Vice President of Atlas -Allied, 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. Eva Siciliani Name of Bidder Signature of Bidder 1210 N. Las Brisas St Anaheim, CA 92806 Address of Bidder Subscribed and sworn to before me this 20th day of July , 2009. NOTARY PUBLIC Please See Attached NOTARY SEAL C-10 J U RAT State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 20th day of July 12009, by Eva Siciliani, proved to me on the basis of satisfactory evidence to be the person(g) who appeared before me. Signature C.D. Sturgeon, of ry Vic C. D. STURGEON Commission # 1730047 =r Notary Public -California Z' Orange County Imp My Comm. Expires Mar 9, 2011 (Seal) UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as CENTRAL PARK PUMP STATION, CC No. 1268, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 7/20/2009 Atlas -Allied Inc. Contractor By Eva Siciliani Vice President Title C-11 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 (ND 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-12 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 7/20109 Atlas -Allied Inc. Contractor - B- %ru, 3-� y Eva Siciliani Vice Presient Title C-13 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Atlas -Allied Inc. Bidder Name 1210 N_ Las Brisas St_ Business Address Anaheim, CA 92806 ( 714) 630-3633 Telephone Number #437235 A.B.C34.C36.C42 State Contractor's License No. and Class 4/7/83 Original Date Issued 4/30/2011 Expiration Date The work site was inspected by George L. Siciliani of our office on July 16 , 2009. The following are persons, firms, and corporations having a principal interest in this proposal: George L. Siciliani President Eva Siciliani Vice President Catherine Sturgeon Corp. Secretary C-15 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. _Atlas -Allied, Inc. Company Name bij�� Signature of Bidder Eva Siciliani Printed or Typed Signature Vice President 1210 N. Las Brisas St. Anaheim, CA 92806 Address of Bidder ( 714-6�0-3633 Telephone Number Subscribed and sworn to before me this 20th day of July , 2009. NOTARY PUBLIC Please See Attached NOTARY SEAL C-16 i '. 6 ,11 State of California County of ©range Subscribed and sworn to (or affirmed) before me on this 2Oth day of July , 2009, by Eva Siciliani, proved to me on the basis of satisfactory evidence to be the personW who appeared before me. Signature C.D. Sturgeon, ota ubGc C. D. STURGEON Commission # 1730041 -® - Notary Public - California i Z Orange County My Comm. Expires Mar 9, 2011 (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. 2. 3. Please See Attached Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-17 A" ___ ATLAS -ALLIED, INC. Pipeline V General Piping Engineering SINCE t969 Descriptive Job List 2008 Project: Lampton Elementary School - Site Utilities -Prime Contractor Owner: Norwalk La Mirada ,Unified School District Address: 12820 Pioneer Blvd Norwalk, CA 90650 Contact: Isela Vazquez 562-868-0431 x 2015 Fax 562-864-7541 Description: Site Utilities including gas, water & sewer. Install pipe, test backfill, patch, replace all site water with new copper system including dielectric fittings, chlorinate entire site water system. Replace all site gas with complete new gas system Dates: Completed 8/28/08 Amount: $332,650.00 Project: Fullerton College - Building 1400 Site Work / Utilities -Prime Contractor Owner: North Orange County Community College Address: 1830 W Romneya Drive Anaheim, CA 92801 Contact: C W Driver Builders Tanya Sundries (714) 732-5770 Fax (714)446-0770 Description: Site utility improvements including storm drain, concrete and asphalt repairs ©ate§: Completed 6-1-09 Amount: $1,949,511.00 Project: Modification to Existing Pressure Relief Facilities Owner: West Orange County Water Board Address: 2000 Main Street Huntington Beach, CA 92648 Contact: City of Huntington Beach Duane Wentworth (714) 536-5517 Fax (714) 374-1573 Description: Install new Pressure Relief System for 20" City Huntington Beach water supply line, including excavation, piping, welding and on site improvements. This water line is a critical supply line for the City Huntington Beach water system. Dates: Completed 5112/08 Amount: $246,150.00 Project: New Water Meter Installation & Meter Exchange Program -Prime Contractor Owner: City of Westminster Address: 8200 Westminster Boulevard Westminster, CA 92683 Contact: Paul Kalix (714) 719-0461 Fax (714) 373-5328 Description: From Early 1990 Atlas -Allied has performed a city wide water meter replacement of approximately 14,000+ water meters on 3 different contracts Dates: 8/27107 - Current Amount: $354,500.00 YTD �I ATLe4S—ALUED, INC. Pipeline General Piping Engineering SINCE 1969 I), Ii; i • i. Project: Lancaster Layover Service Utility Enhancement -Prime Contractor Owner: Southern CA Regional Rail Authority Address: 700 S Flower Street, Suite 2600 Los Angeles, CA 90017 Contact: LIM & Nascimento Engineering Corp Francisco Villasenor (714) 998-3841 Fax (714) 974-6193 Description: Metrolink Lancaster Station installed water, sewer, and communications utilities for end of line train maintenance yard. All work done with no interruptions or down time to the metro link trains. Dates: Completed 419/08 Amount: $1,136,537.00 Project: Orange Coast College East / West Utility Upgrade -Prime Contractor Owner: Coast Community College District Address: 1370 Adams Avenue Costa Mesa, CA 92626 Contact: C.W. Driver Randy Rankin (714) 540-4974 Cell (714) 540-5721 Description: East / West Utility Upgrade / Phase II- Installed 1,000 LF of storm drain pipe, 20 catch basins, 1,000 LF of sewer for East Side Campus Wide Upgrade Dates: Completed March 2008 Airidudt $639,872.00 Project: Huntington / Bolsa Chica State Beach - Emergency Backfiow Project Owner: CA Department of Parks & Recreation Address: 3030 Avenida del Presidente San Clemente, CA 92672 Contact: Julie Tobin (949) 366-4888 Faic (949) 492-9437 Description: Installed (4) 6° RP emergency backflow devices at various locations in the city of Huntington Beach following Huntington Beach Water Department compliance on a critical path emergency basis Dates: Completed 511/08 Amount: $91,500.00 AnL (RAYLAS-ALLIED, INC. Pipeline �� Gervr- l Piping s�Nce �vb� Engineering Descriptive Job List 2007 Project: Wellhead Treatment at Well #13 Owner: City of Paramount Address: 16400 Colorado Avenue Paramount, CA 90723 Contact: Bill Pagett P.E. (562) 220-2157 Fax (562) 220-2105 Description: Manganese removal of Well #13 in the City of Paramount. Installation of new filtering system (3each 10,000 gallon tanks, 2 each 8,000 gallon tanks, and 124,000 lbs of media filtering material). Including 83,000 gallon bolted tank, 2 block buildings,new serge tank, new chemical feeder tanks (9,690 gal .& 236 gal tanks),new So Cal Edison service, new Murphy Panel, new Filter Control Panel (FCP), new metering and valve system. Dates: Completed 4110107 Amount: $1,368,524.00 Project: Huntington Beach High School Utility Installation -Prime Contractor Owner: Huntington Beach Union High School Dist Address: 5832 Bolsa Avenue Huntington Beach, CA 92649 Contact: McCarthy Building Companies John Staff (949) 851-8383 Fax (949) 756-6843 Description: Combined utility upgrades including 1,000 LF of Domestic Water, Fire Water, Irrigation, Electrical Conduit and Gas, plus surface repairs as needed Dates: Completed 8/24107 Amount: $1,043,344.00 Project: Foothill High School Site Utility Infrastructure -Prime Contractor Owner. Tustin Unified School District Address: 300 South C Street Tustin, CA 92780 Contact: Douglas E Barnhart, Inc John Squillace (714) 731-4687 Fax (714) 731-4691 Description: Installed 1,000 LF of 6" - 10" Storm drain, 1,000 LF 8" Sewer, 800 LF 8" Fire water fine, 600 LF 6" Domestic Water, 500 LF 3" Gas line at Foothill High School for the Site Utility Infrastructure Quad Upgrade Dates: Completed 8/31107 Amount: $975,258.00 Project: Concordia University Sewer, Water, & Storm Drain Installation Owner. C W Driver, Inc. Address: 15615 Alton Parkway, Suite 150 Irvine, CA 92618 Contact: Chris Graber (949) 261-5100 Fax (949) 261-5167 Description: Installed Underground Site water, sewer & storm drain (8" Water line 800' / 18" Storm Drain 1,000' /6" Seder Gne 700') through out Concordia University in lrvine Dates: Completed 6/27/07 Amount: $885,729.00 ATLAS -ALLIED, INC. Pipeline �.� % General Piping �►,,,,,,./ Engineering SINCE 1969 2007 Continued Project: Replace Pressure Regualting Station #36 Owner: City of Anaheim Address: 200 S Anaheim Blvd Anaheim, CA 92805-3820 Contact: Bob Palaeologus (714) 765-5176 X5711 Fax (714) 765-5225 Pressure Regulating Station #36 Description: Replacement of Pressure Regulating Station #36 Dates: Completed 311 /07 Amount: $372,115.20 Project: Water Meter Installations Owner: City of Alhambra Address: 111 S. First Street Alhambra, CA 91801-3704 Contact: Phil Nichols (626) 570-5067 Fax (626 ) 570-5067 Description: From 2003-2007 Atlas -Allied has performed a city vide water meter replacement of approximately 4,000+ water meters for the City of Alhambra. Dates: 2003 - 2007 Amount: $194,325.00 Pipeline N / General ' Piping �/ Engineering SINCE 1969 Walsh -Dillon Construction 27761 Camino Santo Domingo San Juan Capistrano, CA 92675 Dike Dillon (949) 661-0346 Fax (949) 661-0346 Water Improvements @ Ortega Hwy, San Juan Capistrano $73, 000.00 Huntington Beach Union High School Dist 5832 Bolsa Avenue Huntington Beach, CA 92646 John Staff / McCarthy (949) 851-8383 Fax (714) 964-3408 Waterline @ Huntington Beach High School Completed 3/16/06 $221,155.36 S D Deacon 20201 S W Birch Street, Suite 100 Newport Beach, CA 92660 Mark Runyan (949) 222-9060 Fax (949) 222-0596 Water, Sewer, Storm Drain @ Stadium Promenade, Orange $301, 012.93 Orange County Water District 18700 Ward Street Fountain Valley, CA 92708 Mark Butier, Jr. (Butier C.M. 714 832-7222) Fax (714) 832-7211 Warner Basin Dam, Anaheim Completed 9/27/06 $364, 282.66 ATLAS -ALLIED, INC. Pipeline 1" Gene►ai Piping SINCEEngineering 19<+9 Anaheim Union High School District 501 Crescent Way Anaheim, CA 92803 Roger Fisher - (949) 250-1500 Ph Fax (949 ) 555-2708 Anaheim High School Modernization $99, 701.00 Anaheim Union High School District 501 Crescent Way Anaheim, CA 92803 Guillermo Aguilar - (949) 250-1500 Fax (949) 555-2708 South Junior High School Fire Water / Storm Drain Extensions $194, 900.00 North Orange County Comm. College Dist. 1830 W. Romneya Drive Anaheim, CA 92801-1819 Mike Fistes - (714) 252-9440 Fax (714) 252-9445 Cypress College Water System Improvements $455, 720.94 North Orange County Comm. College Dist. 1830 W. Romneya Drive Anaheim, CA 92801-1819 Harold Abeln (C W Driver 949 261-5100) Fax (949 261-5167 Fullerton College - FireWaterSystem &Storm Drain Completed 4/25/06 $2,093,083.00 Norwalk - La Mirada Unified School Dist. 12820 Pioneer Boulevard Norwalk, CA 90650-2894 Dennis Teo - (562) 863-2833 Ph Fax 562) 863-2813 Interim Housing @ Arturo Sanchez Elementary School $586, 350.00 Rancho California Water District 42135 Winchester Road Temecula, CA 92590 Hilda Bojorquez - (951) 296-6989 Fax (951) 296-6860 Recycled Water Meter Modification $43, 350.00 El Rancho Unified School District 8910 E. Slauson Avenue Pico Rivera, CA 90660 Pedro Newbem - (626) 449-6787 Fax (626) 449-6477 Modulars: 8 Classrooms - 2 Restrooms At South Ranchito Elementary School $1, 229, 357.34 Orange County Water District 18700 Ward Street Fountain Valley, CA 92708 Mark Butier, Jr. (Butler C. M. 714 832-7222) Fax (714) 832-7211 Mini -Anaheim Inflow improvement Completed 3/14/06 $709,989.85 aw"&* ATLAS -ALLIED, INC Pipeline General Piping S/ryCE t969 Engineering Anaheim Union High School Dist. C/O G K K Works (JFK High School) 8281 Walker Street La Palma, CA 90620 Ed Sukchai (714) 220-2600 Fax (714) 220-0277 Fire Water Connection @ JFK High $109, 096.00 CA Department of Mental Health Metropolitan State Hospital 11401 S Bloomfield Avenue Norwalk, CA 90650 Leroy Richards (562) 651-4396 Fax (562) 929-1054 Shut Off Valves / Water Valves $105, 370.00 Fullerton Joint Union High School Dist C/O Erickson - Hall Construction 1021 W Bastanchury Rd., #110 Fullerton, CA 92833 Dave Hall (714) 738-4995 Fax (714) 738-5194 , Water Improvements - 4 Sites $208, 500.00 John Wayne Airport 3160 Airway Avenue Costa Mesa, CA 92626 Jeff Oviedo (949) 252-5275 Ph Fax (714) 979-9862 Flush Mount Fire Hydrants $1, 097, 034.00 Los Angeles County Dept. Public Works 900 S Fremont Avenue Alhambra, CA 91803 Ambrose Ajelo (626) 458-7921 Fax (626) 458-7827 Pump Station - Manhattan Beach $159, 585.00 Los Angeles County Dept. Public Works 900 S Fremont Avenue Alhambra, CA 91803 Jose Pou (626) 458-2191 Fax (626) 458-2197 Low Flow Diversion - Redondo Beach Completed 4129105 $398,203.87 Walsh -Dillon Construction Inc. 27761 Camino Santo Domingo San Juan Capistrano, CA 92675 Fire Hydrant / Storm Drain improvements Michael Dillon (949) 661-0346 Fax (949) 661-0346 $158, 801.00 Helix Water District 7811 University Avenue La Mesa, CA 91941 Art Floto (619) 596-1329 Ph Fax (619) 596-1320 Transmission Main Valve Installation $252, 367.00 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Atlas -Allied, Inc. 1210 N. Las Brisas Street Anaheim, CA 92806 as Principal, hereinafter called the Principal, and First National Insurance Company of America 120 Vantis, 3rd Floor Aliso Vieio, CA 92656 a corporation duly organized under the laws of the State of WA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach Second Floor, 2000 Main Street Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Total Amount of the Bid Dollars ($ 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 Central Park Pump Station - CC No. 1268 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 materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 17th Katie McArthur (Witness) Susan Ponsell I (Witness) day of July Atlas -Allied, Inc. (Principal) By: 2009 Eva Siciliani Vice President/Treasurer (Title) First National In urance Company of America uret (Sea!) B Aact Actialka z ela ^(Ti1!ej AIA DOCUMENT A310 a BID BOND • AIA ® FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 State of California County of Orange On July 17, 2009 before me, C.D. Sturgeon, Notary Public personally appeared Eva Siciliani - Vice PresidentlTreasurer who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 'a TadC. D. STURGEON Commission # 1730041 WITNESS my hand and official seal. _ , -„ Notary Public - California Orange County MyComm. Bpkes Mar9, 2011 Signature (Seal) C. D. Sturge No�h Public ACKNOWLEDGMENT State of California County of Orange ) On July 17, 2009 before me, Susan Ponsell, Notary Public (insert name and title of the officer) personally appeared Adriana Valenzuela who proved to me on the basis of satisfactory evidence to be the person(s)-whose name.(s)fis/Ar,—_ subscribed to the within instrument and acknowledged to me that-he/'sFie%executed the same in piier/th ' authorized capacity(ies)—,and that by his/ er signatur*s-yon the instrument the perso , or the entity upon behalf of which the perso�i—acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) SUSAN PONSELL Z COMM_ # 1734814 +n X. NOTARY PUBLIC-CALIFORNIA Z Q)emy ORANGE COUNTY -� Commission Expires Match 27, 2pN �,l��i" POWER First National Insurance Company of America 1001 4th Avenue itIlaral& OF ATTORNEY Suite 1700 Seattle, WA 98154 KNOW ALL BY THESE PRESENTS: No. 13201 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ****************LOURDES LANDA; MARK ROSSKOPF; ADRIANA VALENZUELA; Fullerton, CA*********** its true and lawful attorney(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 21 st day of March 2009 Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice 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 attorneys -in -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, (i) 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, Dexter R. Legg , 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 day of JUL 17 2M9 SEAL 1928 \ e.- _.P S-1049/DF 3109 \4 v �X* j, kjI Dexter R. Legg, Secretary WEB PDF City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 2, 2009 Don Peterson Contracting, Inc. 310 S. Twin Oaks Valley Road 108-349 San Marcos, CA 92078 RE: CC-1268 — Central Park Pump Station Enclosed please find your original bid bond for CC-1268. Sincerely, tr� - 4W-A) Jo L. Flynn, CMC City Clerk JF:pe Enclosure Sister Ci i l° 4RJi Sj ff gr"?gt8P6, New Zealand (Telephone: 714-536-5227 Y P, Don Peterson Contracting, Inc. Don Peterson 310 S. Twin Oaks Valley Road 107-349 San Marcos, CA 92078 Sealed Bid For Central Park Pump Station CC No. 1268 City of Huntington Beach -Do Not Open With Regular Mail Bids July 21, 2009 @ 2:00pm SECTION C PROPOSAL for the CENTRAL PARK PUMP STATION CC No. 1268 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 perlorm all the wort: therein described. and to furnish all labor. material. equipment and incident insurance necessary therelor. in accordance \\ ith the plans and specifications on file in the office of' the Clt\ L:n,.*ineer of the CitN of' Huntington Bcach. The undersi�sned agrees to perform the \vork therein to the satisfaction of and under the supervision ofthe City Engineer of the City of Huntington Beach. and to enter into a contract at the following prices. The undersigned agrees to complete the \pork \\ ithin the selected working day schedule. 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 (60) from the bid opening date. if at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, finQ too"s the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature NO N6 /Q� c6«xso C-2 PROJECT BID SCHEDULE CENTRAL PARK PUMP STATION CC No. 1268 BID ITEMS Item No. Description Quantity Unit Unit Cost Total Cost 1. Mobilization I LS 12757o• /2 -75-0 2. Furnish and install IOxIOx10 connection Ductile Iron tee per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, a 10"' resilient wedge gate valve just on the west side of the new tee with valve box per City's Standard 612, a 12" resilient wedge gate valve with valve box per City's Standard just on the south side of the new tee. a new I Ox 12 expander, all potholing, pipe draining, disinfection. fittings, couplings, appurtenances. pavelllcnt Sa\\-Cllttln" and removal. excavation. backllll. compaction. ellcaselllellt. joint bolldinl . cathodic protection. joint thrust restraint. C011Crete till -List blocks, concrete _,ravltN blocks. pavement replacement, surface repair, complete and in place. I LS /S Oek) 3. Furnish and install ne\\ 12" Ductile Iron restrained pipe, between the downstream from the new I Ox I Ox 10 tee to the point ofconnection to the existing pump station discharge end. both below ground. with portion above ground. supported by reinforced concrete pedestals. including and not limited to fittings, 90-degrees rigid Ductile Iron elbows, butterfly valves, mechanical joints, flange fittings, excavations, soil import, soil disposal, joint bondings, cathodic protection, joint thrust restraint, anode bed, 2 test stations, concrete thrust blocks, concrete gravity blocks, appurtenances, tree/shrub root pruning, tree/shrub trimming, surface repair, connection to the existing pump station, complete and operative in lace. 40 LF ZSd• 4. Furnish and install 20x20x12 connection Ductile Iron tee per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, 12" resilient wedge gate valve with valve per �2/15704) /Z�slScs box City's Standard 612, all potholing, pipe draining, disinfection, fittings, couplings, appurtenances, 1 LS C-3 Item No. Description Quantity Unit Unit Cost Total Cost pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, cathodic protection, joint thrust restraint, submittals, and pavement replacement, complete and in place. 5. As an alternative to a cut -in tee (item 4 above), hot tap existing 20" PVC main per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, 12" resilient wedge gate valve with valve per box City's Standard 612, all potholing, fittings, couplings, appurtenances, pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, joint thrust restraint. submittals, and pavement replacement, complete and in place. 1 LS fziSUo_ 6. Furnish traffic control in Goldenwest for the installation of new 12" pipeline. in accordance to the specifications. complete and in place. 1 LS SYS; s d, 7. Furnish and install new 12" Ductile Iron restrained TR Flex pipe from Goldenwest to Central Park. belo,,N ,(,round. including and not limited to fittings, mechanical joints. pavement Sa\\cuttinU). trench excavation. joint bondinas. anode bed. cathodic protection, pipe bedding. backfill, soil import, soil disposal. compaction, paving. appurtenances. surface repair. complete and operative in place. Prior to construction, complete pothole information. and provide a submittal. 150 LF ZS'a • .57, Soo S. When necessary to avoid conflict with existing substructures along Goldenwest, furnish and install new Ductile Iron vertical offset, maximum of 3- vertical feet for 12" ductile iron pipeline. Vertical offset to include 2-each 22.5-degrees Ductile Iron fittings, concrete thrust blocks per City Standard 614, trench excavation, pipe bedding, compaction, joint bonding, cathodic protection, appurtenances, complete and operative in place. I EA 36'w- 3Sod 9. When necessary to avoid conflict for the proposed 12" ductile iron pipeline on Goldenwest, or along the discharge end of the proposed pump station, furnish and install new 2" air vac & release assembly per City Standard, including and not limited appurtenances, 2 EA Z.S-ua • So do C-4 Item No. Description Quantity Unit Unit Cost Total Cost air -vac can, complete and operative in place. 10. Furnish and install new 10" RPPD backflow device per City Standard, including and not limited to rigid fittings, appurtenances, concrete pad, reducers, expanders, concrete slab, joint bonding, concrete thrust blocks, joint thrust restraint, surface repair, complete and in place. I EA 11. Furnish and install new 12" Ductile Iron restrained TR Flex pipe, between the downstream from the new 10" backflow device to the point of connection to the suction side of the new pump station, above ground, supported by reinforced concrete pedestals, including and not limited to fittings. mechanical joints, concrete thrust blocks. joint thrust restraints, air -vac & release. excavations. soil import. soil disposal, joint bondings, appurtenances. tree root prunin1, surface repair. connection to the new pump station. complete and operative in place. 100 LF 250, ZS� 12. Furnish and install new 12" Ductile Iron restrained Flex pipe, betv\een the discharge side of the new Pump station, to the new tec located within the limit of the existing pump station. above ground, supported by reinforced concrete pedestals, including and not limited to fittin-s. check valves, butterfly valves, restrained flexible couplin�Os. mechanical joints, joint thrust restraints. excavations, joint bondings, appurtenances, connections on both end of the pipe. surface repair, complete and operative in place. 15 LF Z$o 3 7 S"e> 13. Furnish and install 4" CPVC pressure release pipeline, including and not limited fittings, elbows, anchors, concrete footings, testing, appurtenances, connection to the new pump station, surface repair, complete and in place. 45 LF 4�6- 20 Zg-• 14. Install City furnished pre -purchased equipment, MCC and pump station assembly, in accordance to plans, specification, vendor requirement, including and not limited to plates, rods, brackets, appurtenances, anchors, surface repair, concrete pads, survey finish concrete pad elevations, complete and operative in ��O • 8,0, lace. 1 EA C-5 Item No. Description Quantity Unit Unit Cost Total Cost 15. Cut and cap/seal the to be abandoned 12" high pressure waterline, including all excavation, backfill, appurtenances, and surface repair, as shown on these tans, per City Standard, complete and in place. 2 EA 16. Cut and cap/seal the 12" high pressure outlet adjacent to the 10" high pressure waterline, including all excavation, backfill, appurtenances, and surface repair, as shown on these plans, per City Standard, complete and in place. I EA 7-16-0 2 Sov. 17. Pressure testing, chlorination and testing of all new water mains and appurtenances, including and not limited to temporary blow -offs. chlorine injection points, backflow device, per Public Works Standard, as directed by City inspector, complete and in place. I LS Z� eft. Z, 6O l 8• Submit sheeting or shoring design in accordance with the geotechnical report by a registered professional cmgineer. Install shectin,. shoring-. and/or bracinu, as required for all trenching and excavation operations. and confined spaces in accordance \� ith these plans and as required by lm. I LS Z, S4D , 2►Soo 19• Over -excavate per geotechnical report specifically for the ne�N pump station concrete pad. including and not limited to over -excavation. dispose of unsuitable soil. removal of abandoned kvater pipeline, and shoring. 150 CY 20. Import and place backfill per geotechnical report specifically for the new pump station concrete pad, including and not limited to compaction, shoring, import of soil, and surface preparation. 140 CY $' fn• ��� 21. Furnish and install new 400A (non -fused) 600V 3- Phase, double -throw switch in Nema-3R enclosure with identical lock to existing transformer enclosure. Mount with unistrut to the side of the breaker compartment of the existing transformer enclosure. Switch will control existing and new pump station so that the stations will not both operate at the same time. Do not mount switch to the middle of the transformer section. 1 EA fr;$'vv. C-6 Item No. Description Quantity Unit Unit Cost Total Cost 22• Complete electrical termination at existing transformer to double throw switch, including connections to the new and existing conduit and conductor to both the new and existing pump stations. I LS ZjBOD. 23. Furnish and install new Sch 40 Gray PVC 4" conduit, typically minimum 20" below grade, including fittings, pavement sawcutting, trench excavation, pipe bedding, backfill, compaction, paving, appurtenances, surface repair, complete and operative in place. 80 LF d-� 24. Furnish and install new 600V 600kcmil Cu Cables (100 LF = I CLF). (Brian, what is the voltage rating requirement on these cables, 600V?) 3 CLF f�(piplo•L� 5) 25. Complete electrical termination at 400A MCC breaker I LS I Uva. 1,066, 26• Furnish and install nex\ 600V 92 Cu Cables (100 LF = I CLF). (Brian. k\hat is the voltage rating requirement s� on these 42 cables. 600V?) I CLF SDo,, 27- Furnish and install new 1.5" galvanized steel conduit for 4 pumps (Need conduit material or other specification from Brian Gorda) including and not limited to brackets_ appurtenances. anchors, surlace repair. complete and operative in place. 200 LF 28. Furnish and install new 600V 43 Cu Cables (100 LF = �1 i,4ob I CLF). 2 CLF CCU 29• Complete electrical terminations at the VFD or at the pump motor. 8 EA I ZS• (�UU� 30. Testing and commissioning of MCC with pump assembly, including and not limited to any necessary re -test and coordination with vendors that furnished all the City's pre -purchase equipment. 1 LS 1,2ov • r,%�'v' 31. Furnish and install new 8' tall chain link fence, in accordance to plans and specifications, including and not limited to concrete footings, poles, gate location (exact location to be determined later by the City), fittings, appurtenances, brackets, anchors, surface repair, complete and operative in place.. 85 LF 30 • 2i`�d C-7 32• Remove and replace interfering portion of existing chain link fence to accommodate the installation of new above ground 12" Ductile Iron restrained pipeline. 10 LF Q4. 940. 33. Under a separate directive by the City Engineer, abandon existing 6" domestic service on Goldenwest which provides domestic water to the existing pump station. including and not limited to capping the service per City Standard, capping the abandoned service pipe, removal of the existing concrete service vault, appurtenances, salvage and return water meter & appurtenances to the City water yard as directed, backfill, compaction, surface replacement with new concrete slab per City Standard, complete and operative in place. I LS 12,Sov /Z,S'ov 34. Demobilization and Cleanup I LS yC95o 9Sc7 �" o?SS�J7o.Uv TOTAL BID AMOUNT (IN FIGURES) S "TOTAL BID AMOUNT IN WORDS: !n/D /-IuN op-JEO t' i F T � �-iy E 7H0 JSA a �✓/J► n cI N a/1�J .J� �v t�f C/d //l��P,i r ��v Noes: All extensions of unit prices will be subject to verification by AGENCY. In case ofa verification between the unit price and the extension, the unit price will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-8 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address ofeach 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 (by percentage of the total bid) the work to be done by such subcontractor. Portion of Work (1 Name of Subcontractor and Address State License Number Class '%A �� i By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that 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-9 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Don UatArcnn , being first duly sworn, deposes and says that he or she is Presien of BPE! 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, o►• 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. fiurther. that the bidder has not. directly or indirectly. submitted his or her bid price or any breakdown thereof, or the Contents therf. eoor divul,,ed intormation 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 a�(ent thereof to effectuate a collusive or sham bid. Donald L. Peterson Name of Bidder Signature of Bidder 310 S Twin Oaks Valley Rd 107-349 Address of Bidder San Marcos, Ca 92078 Subscribed and sworn to before ►ne this 20th day of July , 2009. NOTARY PUBLI CALIFORNIA JURAT WITH AFFIANT STATEMENT k See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) of Document Signer No. 1 State of California County of San Die Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this 20 day of jiIiy , 2009 , by Date Month Year (1) Donald T. Peterson Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (and (2) N / A Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature Signature of Notary Public Place Notary Seal Above OPTIONAL — Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: t4014' C011J$jpqx yl A-C-Clc y t - Document Date: ! (Z0 1I0 1 Number of Pages: I Signer(s) Other Than Named Above: RIGHTTiHUMBPRINT RIGHTTHUMBPRINT OF SIGNER #1 _ OF.SIGNER #2 •• • • •• of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 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 CENTRAL PARK PUMP STATION, CC No. 1268, (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 fin•ther promises and agrees that the provisions herein shall be and are bindinyg, 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: July 20, 2009 Don Peterson i7nn ra .ti ng, Inc - Contractor By President Title C-1 1 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? Xx (� 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-12 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: ,7uly 20, 2009 — QA, R- (\�� By Prgsident Title C-13 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Idenllflcafion Number: Contractor gy 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-14 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Don Peterson Contracting, Inc. Bidder Name 1833 Diamond Street, Suite 2 Business Address San Marcos, CA 92078 (-760)471 - 1400 Telephone Number 842746 A r/tin State Contractor's License No. and Class 7/15/2004 Original Date Issued 7/31/2010 Expiration Date The \\ork site .\as inspected bN _ non Peterson of our office on Julv 15. 2009. The following are persons, firms, and corporations having a principal interest in this proposal: Bonnie Peterson Kahualani aitkens C-15 4 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Dares -Peterson. Contract -i ng-, inc Company Name a� Signature of Bidder Don Peterson Printed or Typed Signature 310 S Twin Oaks Valley Rd 107-349 San Marcos, Ca 92078 Address of Bidder ( 76q 471-1400 "telephone Number Subscribed and sworn to before me this 20th day of July 2009. NOTARY PUBI.I An C 2624 No •�rnie ?0 2012 CALIFORNIA JURAT WITH AFFIANT STATEMENT C-I/See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of California County of So-r 'Diego KNRw4L M U XN WE X" Cep • fro ` �ea fop eeaeq � 11 r�Caui. ff�tr����pt2 Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this 90 day of 7 "` 20 09 , by Date Month Year Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and (2) 1A Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature Signature of Notary Public Place Notary Seal Above OPTIONAL — Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: Ab.11 74 - o �if R Wk SCE Document Date: %r.�0�0�% NumberofPages: ()VV- Signer(s) Other Than Named Above: 14 / A RIGHTTHUMBPRINT RIGHTTHUMBPRINT 'OPSIGNER #1 OF SIGNER #2 ... .Top of thumb here 02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 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: Eastern MUnj ai pa l -Water pi-stri ct parr] a�l'�a Name and Address Name and Telephone No. of Project Manager:M Iverson (951 928-3777 x6326 787,000.00 Valves, Piping, Electrical August 2008 Contract Amount Type of Work Date Completed 2. South Orange County Wastewater Auth. Dana Point, Ca Name and Address Name and Telephone No. of Project Manager:- B Peck (949 234-541 1 -t", 000 99 Concrete, 'hanks, Ripinq March 2QQ9 Contract Amount T) pe of' Work Date Completed City of HB Utilities Department Huntington Beach, Ca Name and Address Name and Telephone No. of Project Mana<ger:J Kleinhei>pz 714 374-1 51 2 1 85y A82 o0 Mi Gc- PrnI P -tG (_2 years) Jule 2009 Contract Amount Type of Work Date Completed C-17 4D:019 INSCO INSURANCE SERVICES, INC. � i � f c® Underwriting Manager for: G�RF2)mp Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, That we, DON PETTERSON CONTRACTING, INC. as Principal, and INDEMNITY COMPANY OF CALIFORNIA BOND NO. N/A a corporation authorized to transact a general surety business in the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the full and just sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars, ($ 10% OF BID ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for CENTRAL PARK PUMP STATION CC NO. 1268 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, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 17 th day of DON PETERSON CONTRACTING, INC. I By: Principal ID-1198 (Bid Bond) (REV. 1/01) JULY - 2009 YEAR COMPANY OF CALI Attcrney -Fact CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On , l.� before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared JEREMY PENDERGAST who proved to me on the basis of satisfactory evidence to be the personKwhose nameWis/ar-e-subscribed to the within instrument and acknowledged to me that he/shaAhey executed the same in his/hedihe-ir authorized capacity(ic&), and that by his/he� signature4s} on the instrument the person( , or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and .correct. R. NAPPI WITNESS my hand and official seal. COMM, #1796916 NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY My Comm. Expires June 7, 2012 Signature ofNotary Publi (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in. California must contain verbiage exactly as appears above in the notary section or a separate admai ledgment form must be properly completed and attached to that document. The only exception is ff a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage'does not require the notary to do something that is t7legal for a notary in California (i.e. ceri&ing the authorized capacity of the signer). Please check the document carefullyfor proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which m must also be the sae date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/sheltheyr is/are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -sent if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Michael D. Stong, Rosemary Nappi, Shawn Blume, Jeremy Pendergast, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1 st, 2008. By: .�� 'ti• Afdo., y% P AN Y Stephen T. Pate, Senior Vice President`;• r ppR G pp(}gA OCT. e = =l OCT. 5 By:6wwiy_�s Charles L. Day, Assistant Secretary a"-. 1936 'o= ;' w 1967 State of California County of Orange On August 13th 2008 before me, Jenny TT Nguyen Notary Public Date Here Insert Name and Title of the Officer personally appeared JW TT N3UM GCiMM. # 179160 NOTARY PUBLIC CALi� ORANGE COlildil( My comm. ®mites Fete 1€. M2 r�•rt Place Notary Seal Above T. Pate and Chades L. Da Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Je TT Ng n CERTIFICATE (1, The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power ofAttorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, thel—H4 day ofI By: ((( Albert 4HIlebrand, Assistant Secretary ID-1380(Wet)(Rev 07107) City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 2, 2009 Eastern Valley General Engineering, Inc. 6852 Pear Tree Dr. Carlsbad, CA 92011 RE: CC-1268 — Central Park Pump Station Enclosed please find your original bid bond for CC-1268. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Cr�POPA��(�ash �n%Ttgr�6q?Rtg?� New Zealand 11 1 (Telephone: 714-536-5227) /N TkE SECTION C PROPOSAL for the CENTRAL PARK PUMP STATION CC No. 1268 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 the selected working day schedule, 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 (60) from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find N o in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature -1 ///A NO AC»fsV0ig t't EJO G2 PROJECT BID SCHEDULE CENTRAL PARK PUMP STATION CC No. 1268 BID ITEMS Item No. Description Quantity Unit Unit Cost Total Cost I. Mobilization 1 LS 2. Furnish and install 10x10x10 connection Ductile Iron tee per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, a 10" resilient wedge gate valve just on the west side of the new tee with valve box per City's '355q ©® Standard 612, a 12" resilient wedge gate valve with valve box per City's Standard just on the south side of q5 5 4. � the new tee, a new 1Ox12 expander, all potholing, pipe draining, disinfection, fittings, couplings, appurtenances, pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, cathodic protection, joint thrust restraint, concrete thrust blocks, concrete gravity blocks, pavement replacement, surface repair, complete and in lace. 1 LS 3. Furnish and install new 12" Ductile Iron restrained pipe, between the downstream from the new IOxIOx10 tee to the point of connection to the existing pump station discharge end, both below ground, with portion above ground, supported by reinforced concrete pedestals, including and not limited to ©�(!•� fittings, 90-degrees rigid Ductile Iron elbows, butterfly valves, mechanical joints, flange fittings, excavations, soil import, soil disposal, joint bondings,��` cathodic protection, joint thrust restraint, anode bed, 2 test stations, concrete thrust blocks, concrete gravity blocks, appurtenances, tree/shrub root pruning, tree/shrub trimming, surface repair, connection to the existing pump station, complete and operative in lace. 40 LF 4. Furnish and install 20x20xl2 connection Ductile Iron tee per Public Works Standard, including and not limited a^ Z0 to concrete thrust blocks, concrete gravity j�1 blocks, 12" resilient wedge gate valve with valve per box City's Standard 612, all potholing, pipe draining, disinfection, fittings, couplings, appurtenances, 1 I LS C-3 Item No. Description Quantity Unit Unit Cost Total Cost pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, cathodic protection, joint thrust restraint, submittals, and pavement replacement, complete and in place. 5. As an alternative to a cut -in tee (item 4 above), hot tap existing 20" PVC main per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, 12" resilient wedge gate oo (do- valve with valve per box City's Standard 612, all potholing, fittings, couplings, appurtenances, pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, joint thrust restraint, submittals, and pavement replacement, complete and in place. 1 I LS 6. Furnish traffic control in Goldenwest for the p4 C $ 7; t installation of new 12" pipeline, in accordance to the specifications, complete and in place. 1 LS 7. Furnish and install new 12" Ductile Iron restrained TR Flex pipe from Goldenwest to Central Park, below ground, including and not limited to fittings, o mechanical joints, pavement sawcutting, trench 67) excavation, joint bondings, anode bed, cathodic U1333a protection, pipe bedding, backfill, soil import, soil I disposal, compaction, paving, appurtenances, surface repair, complete and operative in place. Prior to construction, complete pothole information, and provide a submittal. 150 LF 8. When necessary to avoid conflict with existing substructures along Goldenwest, furnish and install new Ductile Iron vertical offset, maximum of 3- o �' vertical feet for 12" ductile iron pipeline. Vertical offset to include 2-each 22.5-degrees Ductile Iron fittings, concrete thrust blocks City Standard 614,�� per trench excavation, pipe bedding, compaction, joint bonding, cathodic protection, appurtenances, complete and operative in place. 1 I EA 9. When necessary to avoid conflict for the proposed 12" ductile iron pipeline on Goldenwest, or along the �jl discharge end of the proposed pump station, furnish �� and install new 2" air vac & release assembly per City �7 Standard, including and not limited appurtenances, 2 EA Lwg�-` C-4 Item No. Description Ouantitv Unit Unit Cost 'Total Cost air -vac can, complete and operative in place. 10. Furnish and install new 10" RPPD backflow device per City Standard, including and not limited to rigid fittings, appurtenances, concrete pad, reducers, expanders, concrete slab, joint bonding, concrete 000•� r�� ` thrust blocks, joint thrust restraint, surface repair, complete and in place. 1 I EA 11. Furnish and install new 12" Ductile Iron restrained TR Flex pipe, between the downstream from the new 10" backflow device to the point of connection to the suction side of the new pump station, above ground, supported by reinforced concrete pedestals, including o and not limited to fittings, mechanical joints, concrete 21��5�• thrust blocks, joint thrust restraints, air -vac & release,` excavations, soil import, soil disposal, joint bondings,Z1 appurtenances, tree root pruning, surface repair, connection to the new pump station, complete and operative in place. 100 LF 12. Furnish and install new 12" Ductile Iron restrained Flex pipe, between the discharge side of the new pump station, to the new tee located within the limit of the existing pump station, above ground, supported by p reinforced concrete pedestals, including and not ;� ,0 limited to fittings, check valves, butterfly valves, restrained flexible couplings, mechanical joints, joint I i thrust restraints, excavations, joint bondings, appurtenances, connections on both end of the pipe, surface repair, complete and operative in place. 15 LF 13. Furnish and install 4" CPVC pressure release pipeline, 04 including and not limited fittings, elbows, anchors, concrete footings, testing, appurtenances, connection 1 to the new pump station, surface repair, complete and "t in place. 45 LF 14. Install City furnished pre -purchased equipment, MCC and pump station assembly, in accordance to plans, specification, vendor requirement, including and not c 0 " ��� limited to plates, rods, brackets, appurtenances, '1 anchors, surface repair, concrete pads, survey finish concrete pad elevations, complete and operative in lace. 1 EA C-5 0 Item No. Description Quantitv Unit Unit Cost Total Cost 15. Cut and cap/seal the to be abandoned 12" high pressure waterline, including all excavation, backfill, ' appurtenances, and surface repair, as shown on these Tans, per City Standard, complete and in place. 2 EA 16. Cut and cap/seal the 12" high pressure outlet adjacent to the 10" high pressure waterline, including all►% excavation, backfill, appurtenances, and surface repair, as shown on these plans, per City Standard, complete and in place. 1 EA 17. Pressure testing, chlorination and testing of all new water mains and appurtenances, including and not r2 limited to temporary blow -offs, chlorine injection �� A' points, backflow device, per Public Works Standard, as directed by City inspector, complete and in place. 1 LS 18- Submit sheeting or shoring design in accordance with the geotechnical report by a registered professional Q engineer. Install sheeting, shoring, and/or bracing as required for all trenching and excavation operations, 00 �© �� 10) and confined spaces in accordance with these plans and as required by law. 1 LS 19- Over -excavate per geotechnical report specifically for the new station concrete including and not pump pad, limited to over -excavation, dispose of unsuitable soil, a �2 removal of abandoned water pipeline, and shoring. 150 CY 20. Import and place backfill per geotechnical report specifically for the new pump station concrete pad, C including and not limited to compaction, shoring, import of soil, and surface preparation. 140 CY 21. Furnish and install new 400A (non -fused) 600V 3- Phase, double -throw switch in Nema-3R enclosure with identical lock to existing transformer enclosure. n 0 Mount with unistrut to the side of the breaker a✓ q compartment of the existing transformer enclosure.tQ Switch will control existing and new pump station so that the stations will not both operate at the same time. Do not mount switch to the middle of the transformer section. 1 EA C-6 0c 0 C Item No. Description Quantity Unit Unit Cost Total Cost 22- Complete electrical termination at existing �q transformer to double throw switch, including connections to the new and existing conduit and� ��) 0 conductor to both the new and existing pump stations. 1 LS' 23- Furnish and install new Sch 40 Gray PVC 4" conduit, typically minimum 20" below grade, including fittings, pavement sawcutting, trench excavation, pipe ��� bedding, backfill, compaction, paving, appurtenances, surface repair, complete and operative in place. 80 LF 24• Furnish and install new 600V 600kcmil Cu Cables pp / ®° (100 LF = 1 CLF). (Brian, what is the voltage rating requirement on these cables, 600V 3 CLF 25. Complete electrical termination at 400A MCC breaker 1 LS 26• Furnish and install new 600V #2 Cu Cables (100 LF = 1 CLF). (Brian, what is the voltage rating requirement 00 on these #2 cables, 600V?) 1 CLF- 27- Furnish and install new 1.5" galvanized steel conduit for 4 pumps (Need conduit material or other specification from Brian Gorda) including and not 4 L O `� d limited to brackets, appurtenances, anchors, surface repair, complete and operative in place. 200 LF 28• Furnish and install new 600V #3 Cu Cables (100 LF = 7 C� 1 CLF). 2 CLF 29• Complete electrical terminations at the VFD or at the / 00 pump motor. 8 EA 30. Testing and commissioning of MCC with pump assembly, including and not limited to any necessary re -test and coordination with vendors that furnished l�l, all the City's pre -purchase equipment. 1 LS 31. Furnish and install new 8' tall chain link fence, in accordance to plans and specifications, including and not limited to concrete footings, poles, gate location Q D (exact location to be determined later by the City), fittings, appurtenances, brackets, anchors, surface repair, complete and operative in place.. 85 LF C-7 32- Remove and replace interfering portion of existing 0 chain link fence to accommodate the installation of�� . new above ground 12" Ductile Iron restrained pipeline. 10 LF 33. Under a separate directive by the City Engineer, abandon existing 6" domestic service on Goldenwest which provides domestic water to the existing pump station, including and not limited to capping the service per City Standard, capping the abandoned 0/� service pipe, removal of the existing concrete service � , 07 vault, appurtenances, salvage and return water meter & appurtenances to the City water yard as directed, backfill, compaction, surface replacement with new concrete slab per City Standard, complete and operative in place. 1 LS 34. Demobilization and Cleanup I LS���'©�'e' TOTAL BID AMOUNT (IN FIGURES) $� TOTAL BID AMOUNT IN WORDS: AL12j2�5-0 AV,,-1,c-?l F64,2Tk ts)zqv,o a-c Y-J12, Notes: All extensions of unit prices will be subject to verification by AGENCY. In case of a verification between the unit price and the extension, the unit price will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-8 1,04 FIST 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 (by percentage of the total bid) the work to be done by such subcontractor. Portion of Work Name of Subcontractor and Address State License Number Class S H 14 GTZ Cc- eTTZ r C. =4 L n- fl AY210 � AW7-.�CTOht�640( /£sy7� �� q� (� /I �Q C` ':f'F �rr2� �,��,�G/Z ccFE«ram �9ire Simi /3 / 5 - .3 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that 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. Me State of California ss. County of W S Q"' Q C3 v being first duly sworn, deposes and says that he or she is P10-68f�T /ALL 3J of �a5Er,,TEf7u " � ,, ,.cthe�party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, iy 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. Eastern Valley General Engineering, Inc Name of Bidder 6 � 9� signiGre of 4wder I 6852 Pear Tree Drive(/ Carlsbad, CA 92011 Address of Bidder Subscribed and sworn to ore me this _ \ S y of JIA, 2009. NOTARY PUB NOTARYSEAL KARYN DILLON COMM. #1678310 a NOTARY PUBLIC • CAUFORPOA n SAN DIEGO COUNTY C-10 COMIM Exp. JULY 10, 2010 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 CENTRAL PARK PUMP STATION, CC No. 1268, (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: 07/21/09 Eastern Valley General Engineering, Inc President Title C-11 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 NoIx 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-12 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: 07/21/09 Eastern Valley General Engineering, Inc President Title C-13 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Eastern Valley General Engineering, Inc Contractor itz 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-14 BIDDER certifies that the following information is true and correct: Eastern Valley General Engineering, Inc Bidder Name 6852 Pear Tree Dr, Carlsbad CA 92011 Business Address 760 ) 804-9878 Telephone Number 904784 State Contractor's License No. and Class 10/12/2007 Original Date Issued 10/31/2009 Expiration Date The work site was inspected by James Hennelly/ Larry Miller of our office on July 8th , 2009. The following are persons, firms, and corporations having a principal interest in this proposal: James J. Hennelly Larry D. Miller C-15 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Eastern Valley General Engineering, Inc Company ,ignatxfre of Bider James J. Hennelly Printed or Typed Signature 6852 Pear Tree Drive, Carlsbad Ca 92011 Address of Bidder 7( LO ) Oe)q - `1 S 7 S Telephone Number Subscribed and sworn to before me this Q � S day of -aj- I , 2009. NOTARY PUBLI C-16 NOTARY SEAL KARYN DILLON COMM. 01678310 �Y NOTARY PUBLIC • CAUFORNIA g SAN DIEGO COUNTY -+ Comm. Exp. JULY 10, 2010 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: Metropolitan Water District F.E Weymouth WTP - Coagulant Tank Farm Modifications 1, 700 Morena Bl, La Verne, CA 91750 Name and Address Steve Name and Telephone No. of Project Manager: Kob z e f f ( 9 0 Y 3 92 - 52 3 3 $230,000.00 Chemical tank Farm June 2009 Contract Amount Type of Work Inland Empire Utilities Agency RP-5 Engine Generator Modifications 2 6075 Kimball Ave, Chino, CA 91710 Name and Address John Date Completed Name and Telephone No. of Project Manager: Schreck (909) 993 -3126 Modification to $265, 000. 00 exhaust piping February 2009 Contract Amount Type of Work Date Completed Inland Empire Utilities Agency REEP Food Waste Sump 3 6075 Kimball Ave, Chino, CA 91710 Name and Address Robert Name and Telephone No. of Project Manager: Koz e 1 ski (9 0 9) 2 0 3 - 3 2 4 3 Pump, valve & piping $23,500.00 installation November 2008 Contract Amount Type of Work Date Completed C-17 A BOND NO. N/A KNOW ALL MEN BY THESE PRESENTS, That we, Eastern Valley General Engineering, Inc. as Principal, and International Fidelity Insurance Company a corporation authorized to transact a general surety business in the State of NJ as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) in the full and just sum of 10% Amount of bid*** Dollars, ($ 10% ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Central Park Pump Station CC1268 Well * Intersection of Rio Vista Drive and Goldenwest St. Huntington Beach, Ca 92648 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, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 15th day of July 2009 YEAR Easterq,VzWey Geuaq3I En i eerin , Inc. International Fidelity Insurance Company Surety s By: C�---� Principal Catherine A. Pinney Attorney -in -Fact ID-114 (Bid Bond) (REV. 12/99) CALIFORNIAALL-PURPOSE ars"' ry; er• - �:�2"" � �� ai' pr :ryr �•er � �;�:��' as"" �� STATE OF CALIFORNIA County of Sonoma On July 15, 2009 before me, Nancy L.Wallis, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Catherine A. Pinney Name(s) of Signer(s) NANCY L. WALLIS 16 z COMM. #1811395 U NOTARY PUBLIC -CALIFORNIA Z SONOMACOUNTY .ta My Comm. Expires Aug. 28, 2012 Place Notary Seal Above who proved to me on the basis sfactory evidence to be the persoy(arwhose nameFs re subscrib the within instrument and ack edged to me that h h hey executed the s� )n ' /her heir�authhorized capa and that b h�/hee heir natur the instrument the perso�Ls}, er the entity upon behalf of which the persQDks4— acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness m and and official seal. Signature g atur ary Public Nancy L.Wallis, otary 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: Catherine A. Pinne ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner — ❑ Limited ❑ General V 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: 02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 - www.NationaiNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 1.%'i3} 624-7200 POWER OF AT T INTERNATIONAL, FIDEILITY INS.URANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN DY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint ..................._.................-...,.................... ........ .......... ................................................ I ...... I ...... :........,.., ..................-......................... ......... ................,....,............ ...,...,.................; BRUCE G. OKREPKIE, NANCY L. WALLIS, CATHERINE A. PINNEY Petaluma, CA. ............................ .................... .................. ...................... ....................... .................. ..... .... ............................ .........-_................................ ,............... .................... .....................> its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory to the nature thereof, which are or may be allowed, required or permitted by law, stature, nile, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. ,,�Tv /��► IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be 16th day October, A.D. 2007. 40 G ' •wA��� signed and its corporate seal to be affixed by its authorized officer, this of v0� SE m INTERNATIONAL FIDELITY INSURANCE COMPANY $ 1 904 b "*lE�`' STATE OF NEW JERSEY County of Essex Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. U'0AF1Q, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 15th day of July, 2009 Assistant Secretary ACKNOWLEDGMENT State of California County of _ Sc) (:: \ )12_G 0 ) On v. ` a`S� 1 before me, 1( r (� 1 �Jv tar `t (insert name and title of the officer) personally appeared —�SG.[y-\ E�, S —:Y- q 'E' M -E:. �__lk � , who proved to me on the basis of satisfactory evidence to be the pers on(s) whofse name(s) is/are subscribed to the within instrument and acknowledged to m e 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 pers on(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han official seal. KARYN DiLLON COMM. #1678310 3 NOTARY PUBLIC • CALIFORNIA n SAN DIEGO COUNTY Comm- Exp. JULY 10, 2010 Si IrP (Seal) City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK October 2, 2009 Fleming Environmental, Inc. 1372 E. Valencia Drive Fullerton, CA 92831 RE: CC-1268 — Central Park Pump Station Enclosed please find your original bid bond for CC-1268. Sincerely, JF:pe Enclosure /folio u lcas contlret r b n doc Sister Cr�ies:'�r41o, �'apan �' Mfln ere, New Zealand (Telephone: 714-536-5227 ) Fleming Environmental Inc,�- 1372 E. Valencia Drive Fullerton, CA 92831 r � f 1 ate Z4 License No. 746017 a - City of Huntington Beach w� Sw, Office of the City Clerk,` a 2000 Main a Street �yp Huntington Beach, CA 92648 •�;+�, cam, ,� . x•<a . •r n.'p a ".� t •k. A� s� , 'd l - k. +. rd! �, .,✓ Yx .,,�, .�, i". �;" ^.a.n ,,ivr�. �� •sn.-� �. '"" il; ,; 4 ¢9 .`S i,Y�;� x. ,c C•f,°: ,d4. writirl-45, ,,w, o`, '�?,' _ v r� SEALED BID f Central Park Pump Station A! SECTION C PROPOSAL for the CENTRAL PARK PUMP STATION CC No. 1268 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 unde►- 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 the selected working day schedule, 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 (60) from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. I If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find BID BOND in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE CENTRAL PARK PUMP STATION CC No. 1268 BID ITEMS Item No. Description Quantity Unit Unit Cost Total Cost 1. Mobilization 1 LS 2. Furnish and install IOxIOx10 connection Ductile Iron tee per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, a 10" resilient wedge gate valve just on the west side of the new tee with valve box per City's Standard 612, a 12" resilient wedge gate valve with valve box per City's Standard just on the south side of the new tee, a new IOx12 expander, all potholing, pipe draining, disinfection, fittings, couplings, appurtenances, pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, cathodic protection, joint thrust restraint, concrete thrust blocks, concrete gravity blocks, pavement replacement, surface repair, complete and in � �LdLof place. l LS 3. Furnish and install new 12" Ductile Iron restrained pipe, between the downstream from the new 10xl0xI0 tee to the point of connection to the existing Pump station discharge end, both below -round, with portion above ground, supported by reinforced concrete pedestals, including and not limited to fittings, 90-degrees rigid Ductile Iron elbows, butterfly valves, mechanical joints, flange fittings, excavations, soil import, soil disposal, _joint bondings, cathodic protection, _joint thrust restraint, anode bed, 2 test stations, concrete thrust blocks, concrete gravity blocks, appurtenances, tree/shrub root pruning, tree/shrub trimming, surface repair, connection to the existing pump station, complete and operative in place. 40 LF 4. Furnish and install 20x20x12 connection Ductile Iron tee per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, 12" resilient wedge gate valve with valve per box City's Standard 612. all potholing, pipe draining, 4 disinfection, fittings, couplings, appurtenances. 1 LS C-3 Item No. Description Quantity Unit Unit Cost Total Cost pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, cathodic protection, joint thrust restraint, submittals, and pavement replacement, complete and in place. 5. As an alternative to a cut -in tee (item 4 above), hot tap existing 20" PVC main per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, 12" resilient wedge gate valve with valve per box City's Standard 612, all potholing, fittings, couplings, appurtenances, pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, joint thrust restraint, submittals, and pavement replacement, complete and in place. 1 LS 6. Furnish traffic control in Goldenwest for the installation of new 12" pipeline, in accordance to the jam° specifications, complete and in place. 1 LS� 7. Furnish and install new 12" Ductile Iron restrained TR Flex pipe from Goldenwest to Central Park, below ground, including and not limited to fittings, mechanical joints, pavement sawcutting, trench excavation, joint bondings, anode bed, cathodic protection, pipe bedding, backtill, soil import. soil disposal, compaction, paving, appurtenances, surface repair, complete and operative in place. Prior to construction, complete pothole information. and provide a submittal. 150 LF 8. When necessary to avoid conflict with existing substructures along Goldenwest, furnish and install new Ductile Iron vertical offset, maximum of 3- vertical feet for 12" ductile iron pipeline. Vertical offset to include 2-each 22.5-degrees Ductile Iron fittings. concrete thrust blocks per City Standard 614, trench excavation, pipe bedding, compaction, joint bonding, cathodic protection, appurtenances. complete and operative in place. 1 EA 9. When necessary to avoid conflict for the proposed 12" ductile iron pipeline on Goldenwest, or along the discharge end of the proposed pump station, furnish and install new 2" air vac & release assembly per City Standard, including and not limited appurtenances, 2 EA C-4 Item No. Description Quantity Unit Unit Cost Total Cost air -vac can, complete and operative in place. 10. Furnish and install new 10" RPPD backflow device per City Standard, including and not limited to rigid fittings, appurtenances, concrete pad, reducers, expanders, concrete slab, joint bonding, concrete thrust blocks, joint thrust restraint, surface repair, �)� complete and in place. 1 EA 11. Furnish and install new 12" Ductile Iron restrained TR Flex pipe, between the downstream from the new 10" backflow device to the point of connection to the suction side of the new pump station, above ground, supported by reinforced concrete pedestals, including and not limited to fittings, mechanical joints, concrete thrust blocks, joint thrust restraints, air -vac & release, excavations, soil import, soil disposal joint bondings, appurtenances, tree root pruning, surface repair, connection to the new pump station, complete and operative in place. 100 LF 12. Furnish and install new 12" Ductile Iron restrained Flex pipe, between the discharge side of the new pump station, to the new tee located within the limit of the existing pump station, above ground, supported by reinforced concrete pedestals, including and not limited to fittings, check valves, butterfly valves, restrained flexible couplings, mechanical joints, joint thrust restraints, excavations, joint bondings, appurtenances, connections on both end of the pipe, CiL surface repair, complete and operative in place. 15 LF �Q�� 13. Furnish and install 4" CPVC pressure release pipeline, including and not limited fittings, elbows, anchors, concrete footings, testing, appurtenances, connection to the new pump station, surface repair, complete and07 f- in place. 45 LF 14. Install City furnished pre -purchased equipment, MCC and pump station assembly, in accordance to plans, specification, vendor requirement, including and not limited to plates, rods, brackets, appurtenances, anchors, surface repair, concrete pads, survey finish concrete pad elevations, complete and operative in place. 1 EA���� C-5 Item No. Description Quantity Unit Unit Cost Total Cost 15. Cut and cap/seal the to be abandoned 12" high pressure waterline, including all excavation, backfill, appurtenances, and surface repair, as shown on these plans, per City Standard, complete and in place. 2 EA 16. Cut and cap/seal the 12" high pressure outlet adjacent to the 10" high pressure waterline, including all excavation, backfill, appurtenances, and surface repair, as shown on these plans, per City Standard, complete and in place. 1 EA %�� 17. Pressure testing, chlorination and testing of all new water mains and appurtenances, including and not limited to temporary blow -offs, chlorine injection points, backflow device, per Public Works Standard, as directed by City inspector, complete and in place. I LS��� 18. Submit sheeting or shoring design in accordance with the geotechnical report by a registered professional engineer. Install sheeting, shoring, and/or bracing as required for all trenching and excavation operations, and confined spaces in accordance with these plans and as required by law. 1 LS��a�}� 19. Over -excavate per geotechnical report specifically for the new pump station concrete pad, including and not limited to over -excavation, dispose of unsuitable soil, removal of abandoned water pipeline, and shoring. 150 CYj'� 20. Import and place backfill per geotechnical report specifically for the new pump station concrete pad, including and not limited to compaction, shoring, import of soil, and surface preparation. 140 CY IAL� 21. Furnish and install new 400A (non -fused) 600V 3- Phase, double -throw switch in Nema-3R enclosure with identical lock to existing transformer enclosure. Mount with unistrut to the side of the breaker compartment of the existing transformer enclosure. Switch will control existing and new pump station so that the stations will not both operate at the same time. Do not mount switch to the middle of the transformer section. 1 EA C-6 Item No. Description Quantity Unit Unit Cost Total Cost 22. Complete electrical termination at existing transformer to double throw switch, including connections to the new and existing conduit and 1 LS �� conductor to both the new and existing pump stations. a 23• Furnish and install new Sch 40 Gray PVC 4" conduit, typically minimum 20" below grade, including fittings, pavement sawcutting, trench excavation, pipe bedding, backfill, compaction, paving, appurtenances, 80 LF �� surface repair, complete and operative in place. 1 24. Furnish and install new 600V 600kemil Cu Cables (100 LF = I CLF). (Brian, what is the voltage rating 3 CLF requirement on these cables, 600V?) 25. Complete electrical termination at 400A MCC breaker 1 LS 2 26. Furnish and install new 600V #2 Cu Cables (100 LF = 1 CLF). (Brian, what is the voltage rating requirement 1 CLF d,t L-� L � -I on these #2 cables, 600V?) 27• Furnish and install new 1.5" galvanized steel conduit for 4 pumps (Need conduit material or other specification from Brian Gorda) including and not limited to brackets, appurtenances, anchors, surface in 200 LF:�� repair, complete and operative place. vL� 28. Furnish and install new 600V 43 Cu Cables (100 LF = 2 CLF I CLF). 29. Complete electrical terminations at the VFD or at the 8 EAR pump motor. 30. Testing and commissioning of MCC with pump assembly, including and not limited to any necessary re -test and coordination with vendors that furnished t7 all the City's pre -purchase equipment. 1 LS 31. Furnish and install new 8' tall chain link fence, in accordance to plans and specifications, including and not limited to concrete footings, poles, gate location (exact location to be determined later by the City), fittings, appurtenances, brackets, anchors, surface in 85 LF� repair, complete and operative place.. C-7 32• Remove and replace interfering portion of existing chain link fence to accommodate the installation of new above ground 12" Ductile Iron restrained pipeline. 10 LF 33. Under a separate directive by the City Engineer, abandon existing 6" domestic service on Goldenwest which provides domestic water to the existing pump station, including and not limited to capping the service per City Standard, capping the abandoned service pipe, removal of the existing concrete service vault, appurtenances, salvage and return water meter & appurtenances to the City water yard as directed, backfill, compaction, surface replacement with new concrete slab per City Standard, complete and in I LS 15t/��,� ���� operative place. 9 34. Demobilization and Cleanup I LS TOTAL BID AMOUNT (IN FIGURES) S��. TOTAL BID AMOUNT IN WORDS: AQ � S id � WD wu4w& .4 All A Notes: All extensions of unit prices will be subject to verification by AGENCY. In case of a verification between the unit price and the extension, the unit price will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-8 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 ofone-half ofone percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion of Work Name of Subcontractor and Address State License Number Class D '�►. c1 �o - —tl�nuk-'J 3' Y By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-9 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange TERRY L. FLEMING, JR, being first duly sworn, deposes and says that he or she is PRESIDENT ofFLEMING ENV. 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. Subscribed 4swoofore me this NOTARY P FLEMING ENVIRONMENTAL; INC. Name of Bidder ►gnature of Bidder TERRY L. FLEMING, JR. PRESIDENT 1372 E. VALENCIA DR., FULLERTON, CA Address of Bidder 92831 C-10 day of , 2009. NOTARY SEAL Jurat State of California County of Orange Subscribed and sworn to (or affirmed) before me on this July, 2009, by Terry L. Fleming Jr., proved to me on the evidence to be the person( who appeared before me. Signature Jennife# Martin, ]Fotary Public JENNIFER MARTIN 045 Commission # 1653985 `z Notary Public - California z Orange County My Comm. Expires Apr 22, 2010 My Commission Expires: April 22, 2010 151h day of basis of satisfactory (Seal) UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance ofthe work specified in the contract, known as CENTRAL PARK PUMP STATION, CC No. 1268, (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: JULY 15, 2009 FLEMING ENVIRONMENTAL INC. Contractor TERRY L. FLEMING, JR. y PRESIDENT Title C-11 DISQUALIIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-12 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: JULY 15, 2009 FLEMING ENVIRONMENTAL INC. Contractor TERRY L. FLEMING, JR. y PRESIDENT Title C-13 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 ofthe 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. ***TO BE CALLED IN BEFORE START OF WORK*** Di( Alert Identification Number: FLEMING ENVIRONMENTAL INC. Contractor 4TERRY L. FLEMING, JR. y PRESIDENT Title Date: JULY 15, 2009 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-14 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: FLEMING ENVIRONMENTAL INC. Bidder Name 1372 E. VALENCIA DRIVE Business Address FULLERTON, CA 92831 714� 871-2800 Telephone Number 746017 CLASS A HAZ B State Contractor's License No. and Class 2/18/1998 Original Date Issued 2/28/2010 Expiration Date The work site was inspected by TERRY L . FLEMING, JR . JULY 17, 2009. of our office on The following are persons, firms, and corporations having a principal interest in this proposal: FLEMING ENVIRONMENTAL INC. TERRY L. FLEMING, JR. MICHAEL FLEMING C-15 PRESIDENT/SECRETARY/TREASURER VICE PRESIDENT The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. FLEMING ENVIRONMENTAL INC. Company Name c? m,g nature of Bidder TERRY L. FLEMING, JR., PRESIDENT Printed or Typed Signature 1372 E. VALENCIA DRIVE FULLERTON. CA 92831 Address of Bidder ( 714 ) 871-2800 Telephone Number Subscribed and sworn to before me't, NOTARY PUBLIC (}` C01[:7 day of .2009. NOTARY SEAL Jurat State of California County of Orange Subscribed and sworn to (or affirmed) before me on this July, 2009, by Terry L. Fleming Jr., proved to me on the evidence to be the persons who appeared before me. Signature JENNIFER WARIIN Commission # 1653985 Notary Public - California z " Orange County My Comm. Expires Apr 22, 2010 My Commission Expires: April 22, 2010 15th day of basis of satisfactory (Seal) Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: l WEST BASIN MWD, 17140 SOUTH AVALON BLVD., SUITE 210 Narne and Address CARSON, CA 90746 Name and Telephone No. of Project Manager: DAVID SHULI� ) ( 310 ) 660-6244 $682,776.00 INSTALLATION OF A CLEAN IN PLACE SYSTEM, JANUARY 2009 Contract Amount Type of Work Date Completed 2. CITY OF ONTARIO, 1425 SOUTH BON VIEW AVE., ONTARIO, CA 91761 Name and Address Name and Telephone No. of Project Manager: FERNANDO COB(pS ) (909) 395-2695 $229,325.00 ONTARIO PUMP STATION UPGRADE APRIL 2008 Contract Amount Type of Work Date Completed 3. ORANGE COUNTY WATER DISTRICT 10500 ELLIS AVE., FOUNTAIN VALLEY, CA 92708 Name and Address Name and Telephone No. of Project Manager: SANDY SCOTT ( 714 378-3292 $2,830,750.00 EXCAVATION AND CONSTRUCTION OF RECHARGE BASIN JULY 2008 Contract Amount Type of Work Date Completed Fleming Environmental Incorporated 1372 E. Valencia Drive, Fullerton, CA 92831 (714) 871-2800 ' Fax (714) 871-2801 License #746017 REFERENCES West Basin MWD October 2008 — January 2009 17140 S. Avalon Blvd., Suite 210 David Shull (310) 660-6244 Carson, CA 90746 (310) 217-2414 FAX Furnish, Install, & Placing in operation a clean -in -place (CIP) system Original ContractAmount: $682,776.00 City of Ontario March 2008 — April 2008 1425 South Bon View Avenue Fernando Cobos (909) 395-2695 Ontario, CA 91761-4406 (909) 395-2601 FAX Ontario Pump Station Upgrade Original Contract Amount: $229,325.00 Orange County Water District July 2007 — July 2008 10500 Ellis Avenue Sandy Scott (714) 378-3292 Fountain Valley, CA 92708 (714) 378-3381 FAX La Jolla Recharge Basin Demolition of structures and excavation of a recharge basin Original Contract Amount: $2,830,750.00 City of Pomona October 2007 — April 2008 505 South Garey Michael Ackerman (909) 620-2261 Pomona, CA 91769 (909) 620-2269 FAX Piping, Pumping and Treatment at Well No. 32 Contract Amount: $728,641.00 Jurupa Community Development Agency March 2007 — November 2007 11201 Harrel Street Sam Sampat (951) 685-7434 Xtn 118 Mira Loma, CA 91752 (951) 727-3503 FAX Well No. 17 & 18 Chlorination Contract Amount: $342,900.00 Walnut Valley Water District March 2007 — June 2007 271 South Brea Canyon Road Taj Diep (909) 595-1268 Ext. 230 Walnut, CA 91789 (909) 594-9532 FAX Colima Booster Pump Station Refurbishment Original Contract Amount: $361,800.00 City of Norco November 2006 — June 2007 2870 Clark Ave. David Gilbertson (951) 270-5626 Norco, CA 92860 (951) 270-5619 FAX Sewer Lift Station — Norco Hills Road Original Contract Amount: $922,087.00 City of Hermosa Beach June 2006 — November 2006 1315 Valley Drive Frank Senteno (310) 318-0238 Hermosa Beach, CA 90254 (310) 318-5015 FAX Sewer Improvements — Upgrade of Sewer Lift Stations, Project No. 03-418 Original Contract Amount: $316,473.00 o ®. Fidelity and Deposit Company of Maryland 9VW Home Office: P.O. Box 1227. Baltimore. MD 21203-1227 I�i ,11 i 1 1 KNOW ALL MEN BY THESE PRESENTS: That we Fleming Environmental, Inc. as Principal, (hereinafter called the "Principal"), and Fidelity And Deposit Company Of Maryland P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City Of Huntington Beach as Obligee, (hereinafter called the "Obligee"), in the sum of Ten Percent Of Amount B i d Dollars ($ 10 % of a m t bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for C e n t r a l P a r k P u m p S t a t i o n Project # 1 2 6 8 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal -and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 14 t h day of J u 1 n.lb-,/, J. r/4 V I Fleming FnNTi rnnmantal , Ine _ (SEAL) Principal JENNI ER MAR IN Witness TERRY L . FLEMING, JR . CONT ACTS AD INISTRATOR t 4PRESIDENT Title Witness FIDELITY AND DEPOSIT COMPANY OF MARYLAND S ty B L Ted E . Adamson , Attorney -in -Fact Printed in cooperation with the American Institute of Architects (AIA) by Fidelity and Deposit Company of Maryland . Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-310, February 1970 Edition. BID70000ZZ0701f EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages .... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 14th day of July , 2009 Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On 7/17/09 betore me, Jennifer Martin, Notary Public Date Here Insert Name and Title of the Officer personally appeared Terry L. Fleming, Jr. Name(s) of Signer(s) JENNIFER MARTIN Commission # 1653985 z , -® Notary Public - California z Orange County - My Comm. Expires Apr 22, 2010 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personX whose name(,afi is/are subscribed to the within instrument and acknowledged to me that heis#te/+Key executed the same in his/her/their authorized capacity(ies), and that by his/ber/their signatures(s� on the instrument the person.( or the entity upon behalf of which the persoR.(&y acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Nota u lic 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: Terry L. Fleming, Jr. ❑ Individual ❑ Corporate Officer - Title(s): President ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact Top of thumb her ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Fleming Environmental Inc. 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: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On _ July 14, 2009 before me, Lynn A. Beimer, Notary Public Date Here Insert Name and Title of the Officer personally appeared Ted E. Adamson Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(31'whose name's/ re subscribed to the within instrument and acknowledged to me that�he/they executed the same in I her/their authorized capacity(ise), LYNN A. BEIMEIt and that by Oer/their signatures on the instrument the Commission # 1781026 personW, ,or the entity upon behalf of which the persot -� Notary Public - California Z acted executed the instrument. Orange County comma IresDec16,2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner ❑ Limited ❑ General a ❑ Attorney in Fact Top of thumb her ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERIC October 2, 2009 G-Coast Construction, Inc. 5461 Encino Avenue Encino, CA 91316 RE: CC-1268 — Central Park Pump Station Enclosed please find your original bid bond for CC-1268. Sincerely, toaL. Flynn, CMC City Clerk J F: pe Enclosure Sister C)+/bq.o1x1Rf Us�SSMfftyrwa ?gfg?� New Zealand ( Telephone: 714-536-5227 SECTION C PROPOSAL for the CENTRAL PARK PUMP STATION CC No. 1268 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 the selected working day schedule, 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 sutra 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 (60) from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. PID PMb�N Accompanying this proposal of bid, find b N in the amount of $ 0 , 0 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addencia.No:` Date Received"Signature UM C-2 PEWECT BID SCHEDULE CENTRAL PARK PUMP STATION CC No. 1268 IIII) ITEMS Itean No. Description Quantity Unit Unit Cost Total Cost 1. Mobilization 1 LS W 2. Furnish and install l Oxl Ox10 connection Ductile Iron tee per Public Works Standard, including and not limited to concrete tluust blocks, concrete gravity blocks, a 10" resilient wedge gate valve just on the west- side of the new tee with valve box per City's Standard 612, a 12" resilient wedge gate valve with valve box per City's Standard just on the south side of the new tee, a new I Oxl2 expander, all potholing, pipe ' D, M, V0 draining, disinfection, fittings, couplings, appurtenances, pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, cathodic protection, joint thrust restraint, concrete thrust blocks, concrete gravity blocks, pavement replacement, surface repair, complete and in lace. I LS 3. Furixish and install new 12" Ductile Iron restrained pipe, between the downstream from the new I OXIOKI0 tee to the point of connection to the existing pump station discharge end, both below ground, with portion above ground, supported by reinforced concrete pedestals, including and not limited to fittings, 90-degrees rigid Ductile Iron elbows, butterfly valves, mechanical joints, flange fittings, l,�by ob excavations, soil import, soil disposal, joint bondings, cathodic protection, j oint thrust restraint, anode bed, 2 test stations, concrete thrust blocks, concrete gravity blocks, appurtenances, tree/shrub root pruning, tree/shrub trirulfling, surface repair, coruxec,tion to the existing pump station, complete and operative in dace. 40 LF 4. Furnish and install 20x20x12 connection Ductile Iron tee per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity 25 (D blocks, 12" resilient wedge gate valve with valve per box City's Standard 612, all potholing, pipe draining, disinfection, fittings, couplings, appurtC11,111CCS, I LS C-3 Item , No. Description Quanfiq Unit Un it Cost Total Cost pavement saw-cuttizig and removal, excavation, backfill, compaction, encasement, joint bonding, cathodic protection, joint thrust restraint, submittals, and pavernent re placement, coin lctc and in dace. 5. As an alternative to a cut -in tce (item 4 above), hot tap existing 20" PVC main per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, 12" resilient wedge gate valve with valve per box City's Standard 612, all potholing, fittings, couplings, appurtenances, pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, joint thrust restraint, subiniLtals, and pavement replacement, corn Mete and in dace. 1 LS 6. Furnish tZaffic control in Goldenwest forthe installation of new 12" pipeline, in accordance to the S� 6Bj) O' specifications, complete and in place. 1 LS 7. Furnish and install new 12" Ductile Iron restrained TR Flex pipe from Goldenwest to Central Park, below ground, including and not limited to fittings, mechanical joints, pavement sawcutting, trench bondings, bcd, 4Qb.IN excavation, joint anode cathodic protection, pipe bedding, bacicfrll, soil import, soil disposal, compaction, paving, appurtenances, surface repair, complete and operative irn place. Prior to construction, complete pothole information, and provide a submittal. 150 LI; 8. Wlien necessary to avoid conflict with existing substructures along Goldenwest, furnish and install new Ductile Iron vertical offset-, maximum of 3- vertical feet for 12" ductile iron pipeline. Vertical offset to include 2-each 22.5-degrees Ductile Iron 7, TO fittings, concrete tluust blocks per City Standard 614, trench excavation, pipe bedding, compaction, joint bonding, cathodic protection, appurtenances, complete and operative in Place. 1 EA 9. When necessary to avoid conflict for the proposed 12" ductile iron pipeline on Goldenwest, or along the T, �� ` discharge end of the proposed pump station, furnish and install new 2" air vac & release assembly per City Standard, including and not limited appurtenances, 2 EA C-4 Itein No. Description Quantity Unit Unit Cost Total Cost air -vac can, complete and operative in place. 10. Furnish and install new 10" RPPD bacicflow device per City Standard, including and not limited to rigid fittings, appurtenances, concrete pad, reducers, expanders, concrete slab, joint bonding, concrete �S��p,av 2S"vo thrust blocks, joint thrust restraint, surface repair, complete and in place. 1 EA 11. Furnish and install new 12" Ductile Iron restrained TR Flex pipe, between the downstream from the new 10" backflow device to the point of connection to the suction side of the new punip station, above ground, supported by reinforced concrete pedestals, including and not limited to 111tings, mechanical joints, concrete thrust blocks,joint thrust restraints, air -vac & release, excavations, soil import, soil disposal, joint bondings, appurtenances, tree root pruning, surface repair, connection to the new pump station, complete and operative in Place. 100 LF 12. Furnish and install tiew 12" Ductile Iron restrained FIex pipe, between the discharge side of the new pinup station, to the new tee located within the limit of the existing pump station, above ground, supported by reinforced concrete pedestals, including and not limited to fittings, check valves, butterfly valves, no, restrained flexible couplings, inechauical joints, joint tbi-ust restraints, excavations, joint bondiags, appurtenances, coniiections on both end of the pipe, surface repair, cozn Mete and operative in place. 15 LF 13. Furnish and install 4" CPVC pressure release pipeline, including and not litiuted fittings, elbows, anchors, 4t'� concrete footings, testing, appurtenances, connection to the new pump station, surface repair, complete and in lace. 45 LF 14. Install City furnished pre -purchased equipment, MCC and pump station assembly, in accordance to plans, specification, vendor requirement, including and not 6Q limited to plates, rods, brackets, appurtenances, N 1 �t M `,,- anchors, surface repair, concrete pads, survey finish concrete pad elevations, complete and operative In lace. 1 EA C-5 Item No. Description Quantity Unit Unit Cost Total Cost 15. Cut and cap/seal the to be abandoned 12" high pressure waterline, including all excavation, backfill, �� appurtenances, and surface repair, as shown on these fans, per City Standard, complete and in place. 2 EA 16. Cut and cap/seal the 12" high pressure outlet adjacent to the 10" high pressure waterline, including all excavation, bads fill, appurtenances, and surface a, &� ob �, a� repair, as shown on these plans, per City Standard, complete and in place. 1 EA 17. Pressure testing, chlorination and testing of all new water mains and appurtenances, including and not limited to temporary blow -offs, chlorine injection 5 00 points, backflow device, per Public Works Standard, as directed by City inspector, complete and in place. 1 LS 18. Submit sheeting or shoring design in accordance with the gcotechnical report by a registered professional engineer. Install sheeting, shoring, and/or bracing as p, required for all trenching and excavation operations, and confined spaces in accordance with these plans and as required by law. 1 LS 19. Over -excavate per beoteclnznrcal report specifically for the new puuarp station concrete pad, including and not �� 00 -7 5'oo limited to over -excavation, dispose of unsuitable soil, , removal of abandoned water pipeline, and sluorizrg• 150 CY 20. Import and place backfill per geotechnical report specifically for the new pump station concrete pad, including and not limited to compaction, shoring, import of soil, and surface preparation. 140 CY 21- Furnish and install new 400A (non -fused) 600V 3- I'hase, double=tlrrow switch in Nema-31k enclosure with identical. loch to existing transformer enclosure. Mount with unistrut to the side of the breaker compartment of the existing transformer enclosure. 7 t0-- Switcln will control existing and new pump station so that the stations will not both operate at the sank tinne. Do not mouant switch to the middle of the transformer section. 1 EA C-6 Item No. Description Quanti Unit Unit Cost Total Cost 22. Complete electrical termination at existing transformer to double throw switch, including �• o% connections to the new and existing conduit and • conductor to both the new and existing pump stations. 1 LS 23. Furnish and install new Sch 40 Gray PVC 4" conduit, typically mininrutn 20" below grade, including fittings, pavement sawcutting, trench excavation, pipe qp• � 72�• UD bedding, backtill, courpaction, paving, appurtenances, surface repair, complete and operative in place. 80 LF 24. Furnish and install new 600V 600kcrnil Cu Cables (100 LF = 1 CLF). (Brian, what is the voltage rating - ' (j tf► 7�� requirement on these cables, 600V?) 3 CLF 25. Complete electrical termination at 400A MCC breaker 1 LS 26. Furnish and install new 600V 112 Cu Cables (100 LF = 1 CLF). (Brian, what is the voltage rating requirement on these #2 cables, 600V?) 1 CLF 27. Furnish and install new 1.5" galvanized steel conduit for 4 pumps (Need conduit material or other specification from. Brian Gorda) including and not h 3/ limited to brackets, appurtenances, anchors, surface repair, complete and operative in place. 200 LF 28. Furnish and install new 600V #3 Cu Cables (100 LF = b p 1 CLF). 2 CLF r 29• Complete electrical terminations at the VFD or at the pimp Inotor. 8 EA 30. Testing and commissioning of MCC with purnp assembly, including and not limited to any necessary � re -test and coordination with vendors that furnished all the City's pre -purchase equipment. 1 LS 31. Furxlish and install new 8' tall chain link fence, in accordance to plans and specifications, including and not limited to concrete footings, poles, gate location (exact location to be determined later by the City), �,�� fittings, appurtenances, brackets, anchors, surface repair, complete and operative in place.. 85 LF C-7 32• Remove and replace interfering portion of existing chain lirrlt fence to accommodate the installation of new above ground 12" Ductile Iron restrained pipeline. 10 LF 33. Under a separate directive by the City Engineer, abandon existing 6" domestic service on Goldenwest which provides domestic water to the existing pump station, including and not limited to capping the service per City Standard, capping the abandoned service pipe, removal of the existing concrete service vault, appurtenances, salvage and return water meter & appurtenances to the City water yard as directed, backfill, compaction, surface replacement with new concrete slab per City Standard, complete and operative in place. 1 LS 34. Derxrobilization and Cleanup 1 LS oC r TOTAL BID AMOUNT (ITT FIGURES) $ _ TOTAL BID AMOUNT IN WORDS: -RAn-VE W O bYz-ED ftNo( -cos Notes: All extensions of unit prices will be subject to verification by AGENCY. In case of a verification between the unit price and the extension, the unit price will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-8 r� 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 (by percentage of the total bid) the work to be done by such subcontractor. �; P'o�tia� , :1Vna�ze of SacGcorttBact�r'and lridress'. '.'` 'Stat'e'License Mass of Work N uinLe� S 74 A(,,6 / GomrowN add 1 G7 C 13 727 W, 0endorm Ar/- , LA Pwak -(A 117 a 1-1N�kh1 CZ.t¢A I� U C • 1:GT. Q2.�' 2.- G 10 1107 Pri rl ,,* ci - M oyt t c 4 o 4 � By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be iiunished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. Wt r tX-r—T . NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of / o s M I , being first duly sworn, deposes and says that he or she is 9"171 of j j - Sj 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 Ih the bid price, or that of any other bidder, or to secure anv advantage against the public body awarding the contract ofanyone interested in the proposed contract: that all statements contained in the bid are 1,111e; 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. or�.tanization. bid depositorv, or to anv member or agent thereof to effectuate a collusive or sham bid. —Ch�S1`��Y.t)ht�TI2.U�10'I�i r If,T� Nani�&O,.BVder Signature o Bidder U�V� i'P4nvFSI0,'�!tjr Address of Bidder Subscribed and sworn to before me this c day of�_ , 2009. NOTARY PUBLIC Jgeager, Notary Public C-10 NOTARY SEAL -- - - -------NElt t.-1EEEEGER-- -- Commission # 1763038 -es Notary Public - California z Los Angeles County nJ Comm.=ZQ23, 2011 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACHI CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as CENTRAL PARK PUMP STATION, CC No. 1268, (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: % 1-1 1 q 6 C ►�T CaWs"C;rlm� By (rig" LtV� fj�rSl DC N Title C-11 WSQUALIFICATION 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 (DO 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-12 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: Date: 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 cominencing the performance of the work of this contract. V5TMCC 100 By 6z," ?WlDeNT Title C-13 UNDERGROUND SERVICE ALERT IDENTIFICATION DUMBER (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: Title Date: I a'l 1"Q� ui r IV& 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-14 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: �; - Cvf- -r CokSTWTioN r (Wt- Bidder Name R� I 04(-((Tb ?N ChM Business Address (g JA ) q 0� -q2-47 Telephone Number 844� V) A , , G27 State Contractor's License No. and Class p (P - /0+ - - Original Date Issued. g "�1 IC) Expiration Date The work site was inspected by ���✓L of our office on u , 2009. The following are persons, firms, and corporations having a principal interest in this proposal: OW G W T C-IS The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Gw-r , I KD Company N N\\- Signature of Bid Printed or Typed Signature '1-6) �-t tZ1 NO ,QC- . ti .zt CA Q) 3 ) Address of Bidder e?i8 > Io7 - 6f24 Telephone Number Subscribed and sworn to before me this day of :: L/y . 2009. NOTARY PUBLIC NOTARY SEAL Heil L. ?151ef, WON PUb11G NEIL L. KLEEGER COmmi3slon # 1763038 •`m -• Notary Public - California Los Angeles County Cam• 23, 2011 MUR 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 Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-17 �I G COAST CONS) RUCTION, INC. Lie. #: 844758 (A,B & C27) G. Engineering, G. Construction & Landscaping MAJOR CONSTRUCTION PROJECTS COMPLETED 2006 - 2009 Name of Project Owner Contact Person/Tel. 1 Facilities Renovation City of Covina Paul Hertz 534 N Barranca Avenue, (626) 858 7249 Covina, CA 91723 2 9th Floor Roof Repair Los Angeles Community College Michael Mallery District Headquarter (213) 996 2569 770 Wilshire Blvd.,Los Angeles, California 90017 3 Sidewalk Replacement West L. A. College John Oda/Michael Berman Culver City, CA (310) 202 2575 C1 Turner Construction 9 4 Tree Buffer Landscape At West L. A. College Bob Miller West L. A. College Culver City, CA (213)996 2234 Turner Construction Kunal Shah (310) 202 5575 5 Helmer's Hard Court Project Saugus Union School District Harold Pierre 24930 Avenue Stanford (661) 294 5300 Santa Clarita, CA 91355 6 Relocation of Modular William S Hart Union Sam Yu Classrooms School District Vaneer Const. Mgt. 21515 Centre Pointe prkwy, (661) 212 1524 Santa Clarita,CA 91350 Scope of Work Replacement of library roof & boiler, City yard roof and exterior windows. Remodel of Finance Public Counter. Removing existing roof, installing new roof,demolition and installation of structural upgrades and concrete. Replacement of sidewalk & chain link fence. Tnprovement of parking lot, striping & planting. Landscaping, Planting & Irrigation, Patching & Paving A/C Paving, slab or grade, stripping, grading, concrete gutter, sewer line, demolition, plumbing. Classroom relocation including plumbing, landscaping, concrete work and paving. 5461 Encino Ave., Encino CA 91316 Tel # (818) 907-9246 - Tel # (818) 907-9247 Cell: (818)974-5854 Fax: (818) 907-7067 Contract Amt $474,000 $175, 000 $180,000 $260,000 $245,000 $420,000 Date Completed Mar-09 Dec-08 Sep-08 Dec-07 Aug-06 Apr-06 MINUTES OF ACTION OF BOARD OF DIRECTORS OF G COAST CONSTRUCTION INC. A CALIFORNIA CORPORATION !'lie li)(fowmo action i, taken by the Board of Directors of G .';oast Construction Tic. a Ualil(,rnla Corporation. by written cc,nsent, wrihout a meeting as of March 15, 2006, pursuant to S<•cllmnl 307(b) of the California Corj)orations 'ode pei-mitting such action to be taken. :appointment of Officers. 'I he !�ollm mg resoluhorfor the appointment of'offtcers of ills: col-por:!tloll is hcrchV adoptcd 1 l 1 V V :) Ic• tC l i., v i1, tl e inllo :.,i -r i �ccrctan�: F,zra i.C\•� �. ���• l'residcnt• I•.ir•1 1 c\ OiTl(:rl i. 1 <�! firer i11111' ihClr SUC U S.GO1'S Mi7a11 hC dt.11\ C!CC1Cd 01 ;)1)j)0111tc0. l'.hlC..; the\ resign, arc removed of1:Cc or arc otht'rw:Me ( isCUaIllled fl"011! W� all O"tire.' of this corporation, to 1; k: ti)Cir respectiVC r,rfice ln):1lcdia1clV u,)011 Much CICetlorl. Miscellaneous Authorization. The l'ollwxmg resolutior�s are hereby adopted: RK601NED. that ;h( approiriate olflcera and agents of this corporation and its counsel he, and cacti ol'them hereby i:•. authorized. empowered acid directed to take all such actions, exec:lie all such documents anc pay all such Iers. in the nanr or on behalf of the corporation, as may he Ill the iudgmer.t of ar,. of them be nercssar,• or appropriate to carry out the intent and to rid accnn,pll�,h the purpose--. of er, :h of the forccoing resolutions. FF,SOt,VED FURTf 1FI[Z. !hat any Actions iakcn by such officers prior to the date of the F. li'rC ;Glll� 1'C 011li ons adopicc hercl-\ 1•lat arC \\ 11111il the aL10101.1tV conferred thct•Pbv arm heiebv Fhis Unednrnleu< `\-'rl!len n _nt slvl! i-c !'lied in the Minute Hook of this corporation and bCcXpme; �rcco,ds ct' 1111 cor,)"ratl('n. ��ail!C' 1'ii'a l.C\'i Hanle: I dle i1!:" r -1 111C. Oilcdov R .: (2y: \anlc. Name: o1c: (lilt ('1lrrctur i)1!'CCtor THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond BOND # N/A KNOW ALL MEN BY THESE PRESENTS, that we G COAST CONSTRUCTION, INC. 5461 ENCINO AVE. ENCINO, CA 91316 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and GREAT AMERICAN INSURANCE COMPANY 750 THE CITY DRIVE, SUITE 300 ORANGE, CA 92868 (Here insert full name ,and address or legal title of Surety) a corporation duly organized under the laws of the State of OHIO as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92647 (Here insert full name ,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of TEN AND 00/100 PERCENT of attached 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 CENTRAL PARK PUMP STATION (Here insert full name, address and description of project) 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 erform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force ao i 61fect. Signed and sealed this 13th day of July (Witness) (Witness) Yung T. Mu AIA DOCUMENT A310 BID BOND AIA ® FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 INC. (Seal) LI y) (T(le) ple" Lp . J. (Title) ACKNOWLEDGMENT State of California County of Orange ) On July 13, 2009 before me, Christine T. Hoang, Notary Public (insert name and title of the officer) personally appeared Yung T. Mullick who proved to me on the basis of satisfactory evidence to be the person(z) whose name(*) isles; subscribed to the within instrument and acknowledged to me that hefdmftey executed the same in hisAymAimk authorized capacity(*, and that by hisf wmftaCx signature(s) on the instrument the person(z), or the entity upon behalf of which the person(z) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) CHRISTINE T. HOANG d; COMM. # 1827909 X a m NOTARY PUBLUMFORNIA X to ORANGE COUNT-y GREAT AMERICAN INSURANCE COMPANYO Administrative Office: 580 WALNUT STREET ® CINCINNATI, OHIO 45202 * 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FIVE No. 014554 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attomey-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power YUNG T. MULLICK ALL OF ALL JAMES W. MOILANEN MISSION VIEJO, $75,000,000.00 JENNIFER C. GIBONEY CALIFORNIA P. AUSTIN NEFF CMUSTINE T. HOANG This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 3W day of, MARCH , 2009. Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513Al2-4602) On this 3 d day of MARCH , 2009, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by Re authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof' to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to arty power of attorney or certificate of either given for the execution of arty bond, undertaking, contract or suretyship or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 13 th day of , July >2009 81029Y (10/08) City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK October 2, 2009 Humphrey Constructors 21314 Hideout Dr. Diamond Bar, CA 91765 RE: CC-1268 — Central Park Pump Station Enclosed please find your original bid bond for CC-1268. Sincerely, 4= Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister CWOPAii(�5asj's��'liet�rt���� New Zealand (Telephone: 714-536-5227 ) �.�13 k�.� �,. s � � � � �> ,., � � �,r�.��'::�� �i:. i � �"W'� .M f- SECTION C PROPOSAL for the CENTRAL PARK PUMP STATION CC No. 1268 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 Eiwineer of the Citv of 1-luntington Beach. The undersi<med a,-,rees to perform the work therein to the sotisfacl inn 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 a(yrees to complete the worl: within the selected working day schedule, 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 (60) from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. g,,�J� � S �4 Accompanying this proposal of bid, find _A-01 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: 11 Addenda No. I Date Received I Bidder's Signature 11 C-2 PROJECT BID SCHEDULE CENTRAL PARK PUMP STATION CC No. 1268 BID ITEMS Item No. Description Quantity Unit Unit Cost Total Cost 1. Mobilization 1 LS /�00 0 l yoo 0 2. Furnish and install lOxlOx10 connection Ductile Iron tee per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, a 10" resilient wedge gate valve just on the west side of the new tee with valve box per City's Standard 612, a 12" resilient wedge gate valve with valve box per City's Standard just on the south side of the new tee, a new 1Ox12 expander, all potholing, pipe draining, disinfection. fittings, couplings, appurtenances, pavement saw -cutting and removal, excavation, backfill. compaction, encasement. _joint c/o p �� 0 bonding. cathodic protection, joint thrust restraint, concrete thrust blocks. concrete gravity blocks. pavement replacement, surface repair, complete and in place. I LS 3. Furnish and install new 12" Ductile Iron restrained pipe, between the downstream from the new 1 Ox 1 Ox 10 tee to the point of connection to the existing PUMP station discharge end, both below ground, with portion above ground, supported by reinforced concrete pedestals, including and not limited to fittings, 90-degrees rigid Ductile Iron elbows, butterfly valves, mechanical joints, flange fittings, excavations, soil import, soil disposal, joint bondings, cathodic protection, joint thrust restraint, anode bed, 2 test stations, concrete thrust blocks, concrete gravity blocks, appurtenances, tree/shrub root pruning, tree/shrub trimming, surface repair, connection to the existing pump station, complete and operative in �/�©CJO 7 place. 40 LF 4. Furnish and install 20x20x12 connection Ductile Iron tee per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, 12" resilient wedge gate valve with valve per 0 a p po I dLOQ O box City's Standard 612, all potholing, pipe draining, disinfection, fittings, couplings, appurtenances, 1 LS C-3 Item No. Description Quantity Unit Unit Cost Total Cost pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, cathodic protection, joint thrust restraint, submittals, and pavement replacement, complete and in place. 5. As an alternative to a cut -in tee (item 4 above), hot tap existing 20" PVC main per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, 12" resilient wedge gate valve with valve per box City's Standard 612, all potholing, fittings, couplings, appurtenances, pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, joint thrust restraint, submittals, and pavement replacement, complete and in place. I LS 00n 9040 O 6. Furnish traffic control in Goldenwest for the installation of new 12" pipeline, in accordance to the specifications, complete and in place. 1 LS 0 SO Gl 7. Furnish and install new 12" Ductile lron restrained TR Flex pipe fi-om Goldenwest to Central Park, below ground, includinu and not limited to fittings, mechanical Joints, pavement sawcuttin21, trench excavation. joint bondings. anode bed. cathodic protection, pipe bedding, backfill, soil import, soil disposal, compaction, paving, appurtenances, surface repair, complete and operative in place. Prior to construction, complete pothole information, and provide a submittal. 150 LF p 19 �fsOoC� 8. When necessary to avoid conflict with existing substructures along Goldenwest, furnish and install new Ductile Iron vertical offset, maximum of 3- vertical feet for 12" ductile iron pipeline. Vertical offset to include 2-each 22.5-degrees Ductile Iron fittings, concrete thrust blocks per City Standard 614, trench excavation, pipe bedding, compaction, joint bonding, cathodic protection, appurtenances, complete and operative in place. I EA a aOO as O n 9. When necessary to avoid conflict for the proposed 12" ductile iron pipeline on Goldenwest, or along the discharge end of the proposed pump station, furnish and install new 2" air vac & release assembly per City Standard, including and not limited appurtenances, 2 EA 3 SD 2,000 Cam! Item No. Description Quantity Unit Unit Cost Total Cost air -vac can, complete and operative in place. 10. Furnish and install new 10" RPPD backflow device per City Standard, including and not limited to rigid fittings, appurtenances, concrete pad, reducers, expanders, concrete slab, joint bonding, concrete thrust blocks, joint thrust restraint, surface repair, complete and in place. I EA y D 0 la 1/0 0 11. Furnish and install new 12" Ductile Iron restrained TR Flex pipe, between the downstream from the new 10" backflow device to the point of connection to the suction side of the new pump station, above ground, supported by reinforced concrete pedestals, including and not limited to fittings, mechanical joints, concrete thrust blocks, joint thrust restraints, air -vac & release, excavations, soil import, soil disposal, joint bondings, appurtenances, tree root pruning, surface repair, connection to the new pump station. complete and operative in place. 100 LF 12. Furnish and install new 12" Ductile Iron restrained Flex pipe, between the discharge side of the new pump station, to the new tee located within the limit of the existing pump station. above ground, supported by reinforced concrete pedestals, including and not limited to fittings, check valves, butterfly valves, restrained flexible couplings, mechanical joints, joint thrust restraints, excavations, joint bondings, appurtenances, connections on both end of the pipe, 00 21,90 0 surface repair, complete and operative in place. 15 LF 13. Furnish and install 4" CPVC pressure release pipeline, including and not limited fittings, elbows, anchors, concrete footings, testing, appurtenances, connection to the new pump station, surface repair, complete and LF u L 00 / -pD 0 in place. 45 14. Install City furnished pre -purchased equipment, MCC o 94 pov vd and punp station assembly, in accordance to plans, e�[� / specification, vendor requirement, including and not limited to plates, rods, brackets, appurtenances, anchors, surface repair, concrete pads, survey finish concrete pad elevations, complete and operative in place. 1 EA C-5 Item No. Description Quantity Unit Unit Cost Total Cost 15. Cut and cap/seal the to be abandoned 12" high pressure waterline, including all excavation, backfill, appurtenances, and surface repair, as shown on these /0 D n 0 0 0 plans, per City Standard, complete and in place. 2 EA 16. Cut and cap/seal the 12" high pressure outlet adjacent to the 10" high pressure waterline, including all excavation, backfill, appurtenances, and surface repair, as shown on these plans, per City Standard, complete and in place. I EA % OQ C l 0O 17. Pressure testing, chlorination and testing of all new water mains and appurtenances, including and not limited to temporary blow -offs, chlorine injection points, backflow device, per Public Works Standard, as directed by City inspector, complete and in place. I LS q 00 eq Z/00 18. Submit sheeting or shoring design in accordance with the geotechnical report by a registered professional en-ineer. Install sheeting(. shorinu. and/or bracing-, as required for all trenching and excavation operations, and confined spaces in accordance with these plans and as required by law. I LS 6j 00 0 W"'00 P 19. Over -excavate per geotechnical report specifically for the new pump station concrete pad, including and not limited to over -excavation, dispose of unsuitable soil. removal of abandoned water pipeline, and shoring. 150 CY 20. Import and place backfill per geotechnical report specifically for the new pump station concrete pad, including and not limited to compaction, shoring, import of soil, and surface preparation. 140 CY 9000 21. Furnish and install new 400A (non -fused) 600V 3- Phase, double -throw switch in Nema-3R enclosure with identical lock to existing transformer enclosure. Mount with unistrut to the side of the breaker compartment of the existing transformer enclosure. Switch will control existing and new pump station so that the stations will not both operate at the same time. Do not mount switch to the middle of the transformer section. I EA p 0 0 0 Item No. Description Quantity Unit Unit Cost Total Cost 22. Complete electrical termination at existing transformer to double throw switch, including connections to the new and existing conduit and conductor to both the new and existing pump stations. 1 LS a%0 0 piJ0 23- Furnish and install new Sch 40 Gray PVC 4" conduit, typically minimum 20" below grade, including fittings, pavement sawcutting, trench excavation, pipe bedding, backfill, compaction, paving, appurtenances, surface repair, complete and operative in place. 80 LF a0 D 0 24. Furnish and install new 600V 600kcmil Cu Cables (100 LF — 1 CLF). (Brian, what is the voltage rating requirement on these cables, 600V?) 3 CLF 330 0 25- Complete electrical termination at 400A MCC breaker 1 LS a(9Q P 046 O 6-9 26. Furnish and install new 600V #2 Cu Cables (100 LF = 1 CLF). (Brian, what is the voltage ratin(_) requirement on these 42 cables. 600V?) I CLF Sp 0 27- Furnish and install new 1.5" galvanized steel conduit for 4 pumps (Need conduit material or other specification from Brian Gorda) including and not limited to brackets, appurtenances. anchors. surface repair, complete and operative in place. 200 LF O�0 /OQ Q 28- Furnish and install new 600V #3 Cu Cables (100 LF = 1 CLF). 2 CLF 00 JQ 0 29. Complete electrical terminations at the VFD or at the pump motor. 8 EA 0 �% 30. Testing and commissioning of MCC with pump assembly, including and not limited to any necessary re -test and coordination with vendors that furnished all the City's pre -purchase equipment. I LS a000Rope) 31. Furnish and install new 8' tall chain link fence, in accordance to plans and specifications, including and not limited to concrete footings, poles, gate location (exact location to be determined later by the City), fittings, appurtenances, brackets, anchors, surface repair, complete and operative in place.. 85 LF 0 el 71 C-7 32• Remove and replace interfering portion of existing chain link fence to accommodate the installation of new above ground 12" Ductile Iron restrained pipeline. 10 LF 33. Under a separate directive by the City Engineer, abandon existing 6" domestic service on Goldenwest which provides domestic water to the existing pump station, including and not limited to capping the service per City Standard, capping the abandoned service pipe, removal of the existing concrete service vault, appurtenances, salvage and return water meter & appurtenances to the City water yard as directed, backfill, compaction, surface replacement with new concrete slab per City Standard, complete and operative in place. 1 ES a SO Q as'Q Q 34. Demobilization and Cleanup 1 I S 12 od °d b t ofii ail TOTAL BID AMOUNT (IN FIGURES) S TOTAL. BID AMOUNT IN WORDS: Notes: All extensions of unit prices will be subject to verification by AGENCY. In case of a verification between the unit price and the extension, the unit price will govern. The AGENCY reserves the right to reject any orall proposals and bid items. C-8 0 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 (by percentage of the total bid) the work to be done by such subcontractor. Portion ofWork, . (VO) Nam ,of Subcontractor and Address State License Number. Class { -C k Pk e-Ic- 66.2 ,/1 ` (OM,7/'MzeuA o- /'P ReC By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that 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. W NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of ,,. -4C�'{he party making the foregoing bid that the bid is not made in the interest of, or on t e 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 f'ix the bid price. or that of anv other bidder. or to secure any advantage against the public body awardin(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. oi- to anv member or agent thereof to effectuate a collusive or sham bid. a 1-31y ? WFV -1 %- 0- Address of Bidder Subscribed and sworn to before me this _)0 day of �� 2009. NOTARY PUBLIC NOTARY SEAL TYLER HUM PHREY P COMM.01m904 a� NOTARY PUSUC_CAUFORMA r LOS ANGELES COUNTY C-10 MY Comm. Exp.-Nov. 4, 2011 ..®.. State of California C County ofto�i 5 MCI CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On I Zug I before me, , (here Insert n me and title ofth officer) personally appeared WNW who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL INFORMATION TYLER Hy;PHRE COMM. RI7rreo4 l . My Garsf� gyp, fVw. 4, 201 f (Seal) Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) Title(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Names) of Person(s) or Entlty(ies) Signer Is Representing Proved to me on the basis of satisfactory evidence: Lo form(s) of Identification O credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other ❑ AdditionalSlgner(s) ❑ Slgner(s)Thum bpnnt(s) 11 © Copyright 2007 Notary Rotary, Inc 925 29th St, Des Moines, IA 50312-3612 Form ACK03. 10107 To re -order, call toll -free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary corn 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 CENTRAL PARK PUMP STATION. CC No. 1268, (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 familiarwith 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 undersi,-ned further promises and aorees 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: `� 0 ✓r Contra r yr �rr' By Title C-I I DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-12 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate: 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and 1 will comply with such provisions before commencing the performance of the work of this contract. Date: %r ao 6)% �/! I® C tractor B i PS, r/e�> Title C-13 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig; Alert /dentificufion Number: Contractor By. Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-14 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: idd Na► ai3Lg1dey f 0 Business Ad-drressf,� Telephone Number State Contractor's License No. and Class I Q 0 Original Date Issued A) -/ -07 Expiration Date The work site was inspected by O P _) -� -1 �- /'O -7— of our office on 2009. The following are persons, firms, and corporations having a principal interest in this proposal: e- -ILFs^ C-15 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability; financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. /'ti e- Com a y Na e Signature of Bidder i N r c'r-/ Printed or Typed Signature Address of Bidder Ifelephone Number Subscribed and sworn to before me this a V day of I q .2009. NOTARY PUBLIC C-] 6 NOTARY SEAL TYLER HUMPHREY"S a COMM. #1777904 m NOTARY PUBUO•CAUFORNIA a �LOS ANGELES COUNTY vMy Comm. Exp. Nov. 4, 2011 State of California ) CALIFORNIA ALL-PURPOSE County of U5 CERTIFICATE OF ACKNOWLEDGMENT On 00before me, I �r No (here inset ame and trtl of the officer) personally appeared �)�.i wd myq who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL INFORMATION iYLER MUMPHREY COMM. #1777904 m I"' iAR`IPUSLIC-CAUFOANIA _� LOS ANGELES COUNTY MY Comm. Exp. Nov. 4, 2011 (Seal) Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Title(s) of Person(s) or Enttty(ies) Signer is Representing IT °Mi t ...... a Method of Signer Identification Proved to me on the basis of satisfactory evidence: L o form(s) of Identification O credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact. Other ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) El Co Copyright 2007 Notary Rotary, Inc 925 29th St., Des Moines, IA 50312-3612 Form ACK03 10/07 To re -order, call toll -free 1-877-349-6588 or visit us on the Internet at http //www notaryrotary com Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed sirnilar work within the past two years: 1. Name and Address Name and Telephone No. of Project Manager: ( ) Contract Amount Type of Work Date Completed 2. Name and Address Name and Telephone No. of Project Manager: ( ) Contract Amount TVIpe of Work Date Completed Name and Address Name and Telephone No. of Project Manager: ( ) Contract Amount Type of Work Date Completed I e�� P 'Q / 5' 1; .- S C-17 Humphrey Constructors Completed Projects Title: San Joaquin Landfill Gas Collection System Description: Install wells, piping, and blowers for methane gas collection Contract Amount: 450,000.00 Owner: County of Orange 320 N. Flower Street Santa Ana, CA 92703 Contact: Tanya Gordin 949-728-3057 Year Completed: 2009 Title: Compton Creek Pump Station Upgrades Description: Replace engine controls Contract Amount: 444,444.00 Owner: County of Los Angeles Department of Public Works PO Box 1460 Alhambra, Ca 91802-1460 Contact: Brian Mossberg 626-607-7586 Year Completed: 2009 Title: Green River Meter Upsizing Description: Install flow meter and 30" diameter pipe spools Contract Amount: 80,000.00 Owner: Orange County Sanitation District PO Box 8127 Fountain Valley, Ca 92728-81127 Contact: John Falkenstein 714-713-6159 Year Completed: 2008 Humphrey Constructors 21314 Hideout Dr. Diamond Bar, Ca 91765 Phone 909-635-5945 Fax 909-594-0414 email Rich@HumphreyConstructors.com , Title: Warner Basin Irrigation Pump House Description: Rebuild pump house and water truck fill station Contract Amount: 129,650.00 Owner: Orange County Water District PO Box 8300 Fountain Valley, Ca 92728-8300 Contact: Chris Olsen 714-378-3232 Year Completed: 2008 Title: U 1 System Description: Install pressure reducing station and new water tank Contract Amount: 173,000.00 Owner: Western Municipal Water District PO Box 5286 Riverside, Ca 92517-5286 Contact: Randy Toepher 951-789-5067 Year Completed: 2008 Title: Transit Amenities Program Description: Install bus shelters and benches Contract Amount: 820,000.00 Owner: City of Palmdale 38250 Sierra Highway Palmdale, Ca 93550 Contact: Mike Livingston 661-267-5312 Year Completed: 2008 Title: Plant 1 Scrubbers 5-8 Cross Drain Addition Description: Installation of drains Contract Amount: 20,000.00 Owner: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, Ca 92708-7018 Contact: Victorio Pilko 714-593-7189 Year Completed: 2007 Humphrey Constructors 21314 Hideout Dr. Diamond Bar, Ca 91765 Phone 909-635-5945 Fax 909-594-0414 email Rich@HumphreyConstructors.com Title: Wilderness Park Storm Repairs Description: Construction of retaining wall Contract Amount: 36,780.00 Owner: City of Arcadia PO Box 60021 Arcadia, Ca 91066-6021 Contact: Mark Rynkiewicz 626-359-7028 Year Completed: 2007 Title: Xalapa Park Renovation Project Description: Installation of bridge over creek Contract Amount: 105,550.00 Owner: City of Covina 1250 N. Hollenbeck Dr Covina, Ca 91722 Contact: Robert Staples 818-388-0564 Year Completed: 2007 Title: Wood Barricade Retrofit Description: Replacement of wooded barricades Contract Amount: 77,000.00 Owner: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, Ca 91729-0807 Contact: Ernie Ruiz 909-773-2637 Year Completed: 2007 Title: 17t' Street Booster Station Site Improvements Description: Construction of precast wall and landscaping Contract Amount: 110,000 Owner: City of Upland 460 N. Euclid Upland, Ca 91786 Contact: Eddie Rhee 909-291-2973 Year Completed: 2007 Title: Boone Ave Low Flow Diversion Description: Install pumping system and storm drain piping Contract Amount: 175,000.00 Owner: County of Los Angeles Department of Public Works PO Box 1460 Alhambra, Ca 91802-1460 Contact: Brian Mossberg 626-607-7586 Year Completed: 2007 Humphrey Constructors 21314 Hideout Dr. Diamond Bar, Ca 91765 Phone 909-635-5945 Fax 909-594-0414 email Rich@HumphreyConstructors.com Title: Sewage Lift Station No. I I Description: Sewage lift station pumps and controls Contract Amount: 230,000.00 Owner: City of Big Bear Lake PO Box 1000 Big Bear Lake, Ca 92315-8900 Contact: Harry Babbitt 909-522-2760 Year Completed: 2007 Title: Delta Plant Blending Description: Pressure reducing station Contract Amount: 100,000.00 Owner: City of Monterey Park 320 West Newmark Ave Monterey Park, Ca 91754-2896 Contact: Ralph 626-280-5552 Year Completed: 2007 Title: HDPE Waterline at Tonner Description: Fuse 12" HDPE waterline Contract Amount: 20,000.00 Owner: Bova Contracting Corporation 2883 E. Coronado Street Anaheim, Ca 92806 Contact: Steve Stein 714-630-2289 ext 14 Year Completed: 2007 Title: Street Furniture Description: Install bus shelters Contract Amount: 145,000.00 Owner: City of South Gate 8650 California Avenue South Gate, Ca 90280-3075 Contact: Gladis Deras 323-357-9661 Year Completed: 2007 Title: Sister Cities Garden Description: Construction of a park. Contract Amount: 120,000.00 Owner: City of Santa Fe Springs 11710 Telegraph Road Santa Fe Springs, Ca 90670 Contact: Harold Quan 562-868-0511 Year Completed: 2006 Humphrey Constructors 21314 Hideout Dr. Diamond Bar, Ca 91765 Phone 909-635-5945 Fax 909-594-0414 email Rich@HumphreyConstructors.com {k'��iuu u u 4- t$iit 011 1 E ,'tit :.y - • ,i:T.7.I BID BOND KNOW ALL BY THESE PRIMUTS,'That we, Humphrey Constructors, Inc. of 3333 Brea Canyon Road, Suite 215, Diamond Bar, CA 91765 (hereinafter called the Prinaipet), as wip- and FIRST NATIONAL -I IZANCE MOMPM OF AMMUCA, R Mtt , Warhington, a corporation duly arganiaed under the laws of the State of Washington ss Surety, hereinafter called the Surety, are held and firmly bound unto the City of Huntington Beach (IRm aafter called %9 *b4u) la the penal sum of Ten Percent of the Total Amount Bid --------------------- —------ -------- ----------------------------------------- --- Tiallars ($------- 10%-------- --- ) for tha payo ont of which the priumpol and the Surety bind tbamselves, their heirs, executors, &I—arinlitritcei, successare and assigns, jointly pod severally, firmly by theme presents. THE CONDInON OF THIS OBLIGATION IS SUCH, That Whereas, the Priacipal has submitted or in about to submit o prup l to the Obligee oa a ecattoot for Central Park Pump Station NOW, THEREFORE, If 1ho said Contract be timely awarded to the Principal sad'the Prica4m) shall,,witbJ�''441,466 IS may be specified, otter into the contract in writing, ad give bond, it toad is required, with surety amptable to tine Wigs* for the faithful porforaimm of the said Contrsat, then thle abligation shelf 66 vdid; Otherwise to remain in full force and etfrat. Signed and sealed this 16th day of July, 2009. Humphrey Cons. uctors, In . (Seal) AVPrincipal Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA By c d J fr y R. d Att«�e�t 8-320amP 7194 First National Insurance Company of America • ibert ' POWER . 1003 4th Avenue ' U OF ATTORNEY suite 1700 Seattle, WA 98154 KNOW ALL BY THESE PRESENTS: No. 9392 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint **************************"*******JEFFREY R. GRYDE; Laguna Niguel, California****************************** its true and lawful attorney(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 hone office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 21 st day of March 1 2009 Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice 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 attorneys -in -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, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey 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." 1, Dexter R. Legg , 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 -taws, 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 seat of said corporation this 16th day of July , 2009 SEAL :.Yszs �X* R1kj I Dexter R. Legg, Secretary S-3049IDF 3/09 Nllt# WEB PDF CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On July 16, 2009 before me, Kathy L_ Burnum, Notary Public (Here insert name and title of the officer) personally appeared Jeffrey R. Gryde who proved to me on the basis of satisfactory evidence to be the person(X) whose name(X) is/M subscribed to the within instrument and acknowledged to me that he1)0Wjbq executed the same in his/XkVXKX authorized capacity(i4, and that by his/h%*kxk signature(X) on the instrument the person(X), or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KATW L BURNM Commbgon * 1706888 WITNESS my hand and official seal. No" pum • CdUonI own" County Siguatu e of No (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Titic or description of attached doctancut) (Title of description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER Individual (s) ❑ Corporate Officer (Title) --- 0 Partner(S) Xl Attorney-m-Fact Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Anr acknowledgment completed in California Faust contain verbiage emery as appears above in the notarc section or a separate acknoirledginent form must be properly completed and attached to that docrnnent. The onl} eareption is if a docionent is to be recorded outside of California. In .such instances, anti• altematire ncknowledgment rerbiage as nrat: be printed on such a docinnent so long as the verbiage does not require the notary to do something that is illegal.for a noron, in California (i.e. cermfi-ing the authorised capacity of the. signer). Please, cheek die document carefidlr for pr aper notarial wording and attach this forni f required • State and Comity information must be the State and County where the document si2ner(s) personally appeared before the notary public for acimoaledguient • Date of notarization must be the date that die signer(s) personally appeared which naist also be the same date the acknowledgment is completed. • The notary public mast print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the natne(s) of document siper(s) who personally appear at the time of notarization. • Indicate the correct sinsulai or plwal forms by crossing off incorrect forms (i.e. li€lslicA*y- is /ai* ) or circling the correct forms. Failure to correctly indicate rlus iuforimitiom may lead to rejection of document recording. • The notary seal impression must he clear and photographically rzpioducibie Impression must not cove] text or lines. If seal impression smudges. re -seal if a sufficient area perm its, otherwise complete a different acknowledgment form. • Signature of the notary public must Match the signaMe rni file with the office of the county clerk. Additional information is not rerpiired but could help to ensure this acknowledgment it not misused or attached to a different document. hidicate title or type of attached document, ntnnber of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate die title (i.e. CEO, CFO. Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www NotaryCiasses com City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERIC October 2, 2009 R C Foster Corp. P. O. Box 77055 Corona, CA 92877-0101 RE: CC-1268 — Central Park Pump Station Enclosed please find your original bid bond for CC-1268. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Ct%ies° "rijo S�'apan t�` ai a e°re, New Zealand ( Telephone: 714-536-5227 ) 2009 JUL 21 P?l 1 44 E A i SECTION C PROPOSAL for the CENTRAL PARK PUMP STATION CC No. 1268 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 the selected working day schedule, 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 (60) from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, _ .the -proceeds of the security, accompanying -this bid shall become,the,property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. 0 Accompanying this proposal of bid, find BIDDERS IIffiffie amount of $ 1/O0 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: A/ 4 .4d en u No.. .Date- e e e .R° c tv d.,;� Bidders Si ,rzature� . ,,-�., t.�a -; ,,.•�;� g C-2 PROJECT BID SCHEDULE CENTRAL PARK PUMP STATION �- -_— - CC -No. 1268 BID ITEMS Item No. Description Quantity Unit Unit Cost Total Cost 1. Mobilization 1 LS O OV® 2. Furnish and install IOxIOx10 connection Ductile Iron tee per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, a 10" resilient wedge gate valve just on the west side of the new tee with valve box per City's Standard 612, a 12" resilient wedge gate valve with valve box per City's Standard just on the south side of the new tee, a new 1 Ox12 expander, all potholing, pipe draining, disinfection, fittings, couplings, appurtenances, pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, cathodic protection, joint thrust restraint, concrete thrust blocks, concrete gravity blocks, pavement replacement, surface repair, complete and in �OVy lace. 1 LS 3. Furnish and install new 12" Ductile Iron restrained pipe, between the downstream from the new 1OxIOx10 tee to the point of connection to the existing pump station discharge end, both below ground, with portion above ground, supported by reinforced concrete pedestals, including and not limited to fittings, 90-degrees rigid Ductile Iron elbows, butterfly valves, mechanical joints, flange fittings, excavations, soil import, soil disposal, joint bondings, cathodic protection, joint thrust restraint, anode bed, 2 test stations, concrete thrust blocks, concrete gravity blocks, appurtenances, tree/shrub root pruning, tree/shrub trimming, surface repair, connection to the existing pump station, complete and operative in JD - Z lace. 40 LF 4. Furnish and install 20x2Ox12 connection Ductile Iron tee per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, 12" resilient wedge gate valve with valve per box City's Standard 612, all potholing, pipe draining, disinfection, fittings, couplings, appurtenances, 1 LS C-3 Item No. Description Quantity Unit Unit Cost Total Cost pavement saw -cutting and removal, excavation, _ backfill, compaction; encasement; joint bonding, cathodic protection, joint thrust restraint, submittals, and pavement replacement, complete and in place. 5. As an alternative to a cut -in tee (item 4 above), hot tap existing 20" PVC main per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, 12" resilient wedge gate valve with valve per box City's Standard 612, all potholing, fittings, couplings, appurtenances, pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, joint thrust restraint, submittals, and pavement replacement, 21 complete and in place. 1 LS 6. Furnish traffic control in Goldenwest for the installation of new 12" pipeline, in accordance to the sp,ecifications, complete and in place. 1 LS 7. Furnish and install new 12" Ductile Iron restrained TR Flex pipe from Goldenwest to Central Park, below ground, including and not limited to fittings, mechanical joints, pavement sawcutting, trench excavation, joint bondings, anode bed, cathodic protection, pipe bedding, backfill, soil import, soil disposal, compaction, paving, appurtenances, surface repair, complete and operative in place. Prior to construction, complete pothole information, and provide a submittal. 150 LF / 8. When necessary to avoid conflict with existing substructures along Goldenwest, furnish and install new Ductile Iron vertical offset, maximum of 3- vertical feet for 12" ductile iron pipeline. Vertical offset to include 2-each 22.5-degrees Ductile Iron fittings, concrete thrust blocks per City Standard 614, trench excavation, pipe bedding, compaction, joint bonding, cathodic protection, appurtenances, complete and operative in place. 1 EA 9. When necessary to avoid conflict for the proposed 12" ductile iron pipeline on Goldenwest, or along the _ 'I SOD discharge end of the proposed pump station, furnish and install new 2" air vac & release assembly per City Standard, including and not limited appurtenances, 2 EA C-4 Item No. Description Quantity Unit Unit Cost Total Cost air -vac can, complete and operative in place. 10. Furnish and install new 10" RPPD backflow device nn !t✓� ®/ per City Standard, including and not limited to rigid fittings, appurtenances, concrete pad, reducers, expanders, concrete slab, joint bonding, concrete thrust blocks, joint thrust restraint, surface repair, complete and in place. 1 EA 11. Furnish and install new 12" Ductile Iron restrained TR Flex pipe, between the downstream from the new 10" backflow device to the point of connection to the suction side of the new pump station, above ground, supported by reinforced concrete pedestals, including and not limited to fittings, mechanical joints, concrete thrust blocks, joint thrust restraints, air -vac & release, excavations, soil import, soil disposal, joint bondings, appurtenances, tree root pruning, surface repair, connection to the new pump station, complete andoperative in place. 100 LF 12. Furnish and install new 12" Ductile Iron restrained Flex pipe, between the discharge side of the new pump station, to the new tee located within the limit of the existing pump station, above ground, supported by reinforced concrete pedestals, including and not limited to fittings, check valves, butterfly valves, restrained flexible couplings, mechanical joints, joint thrust restraints, excavations, joint bondings, appurtenances, connections on both end of the pipe, B 5 ® surface repair, complete and operative in place. 15 LF i 13. Furnish and install 4" CPVC pressure release pipeline, including and not limited fittings, elbows, anchors, concrete footings, testing, appurtenances, connection to the new pump station, surface repair, complete and 70 �® in place. 45 LF 14. Install City furnished pre -purchased equipment, MCC and pump station assembly, in accordance to plans, specification, vendor requirement, including and not 'a'q limited to plates, rods, brackets, appurtenances, anchors, surface repair, concrete pads, survey finish E)e concrete pad elevations, complete and operative in lace. I 1 I EA C-5 Item No. Description Quantity Unit Unit Cost Total Cost 15. Cut and cap/seal the to be abandoned 12" high pressure waterline; including all excavation backfl1, appurtenances, and surface repair, as shown on these 1 Tans, per City Standard, complete and in place. 2 EA 16. Cut and cap/seal the 12" high pressure outlet adjacent to the 10" high pressure waterline, including all excavation, backfill, appurtenances, and surface repair, as shown on these plans, per City Standard, complete and in place. 1 EA % l 17. Pressure testing, chlorination and testing of all new water mains and appurtenances, including and not limited to temporary blow -offs, chlorine injection points, backflow device, per Public Works Standard, as directed by City inspector, complete and in place. 1 LS _ �4 18. Submit sheeting or shoring design in accordance with the geotechnical report by a registered professional 31 engineer. Install sheeting, shoring, and/or bracing as required for all trenching and excavation operations, CPO, and confined spaces in accordance with these plans and as required by law. 1 LS 3 19. Over -excavate per geotechnical report specifically for the new pump station concrete pad, including and not limited to over -excavation, dispose of unsuitable soil, removal of abandoned water pipeline, and shoring. 150 CY <560 20• Import and place backfill per geotechnical report specifically for the new pump station concrete pad, including and not limited to compaction, shoring, import of soil, and surface preparation. 140 CY 21. Furnish and install new 400A (non -fused) 600V 3- Phase, double -throw switch in Nema-3R enclosure with identical lock to existing transformer enclosure. Mount with unistrut to the side of the breaker compartment of the existing transformer enclosure. Switch will control existing and new pump station so that the stations will not both operate at the same time. Do not mount switch to the middle of the transformer section. 1 EA C-6 Item No. Description Quantity Unit Unit Cost Total Cost 22• Complete electrical termination at existing transfortner to double"throw'switch-' including connections to the new and existing conduit and both conductor to the new and existing pump stations. 1 LS 23• Furnish and install new Sch 40 Gray PVC 4" conduit, typically minimum 20" below grade, including fittings, pavement sawcutting, trench excavation, pipe bedding, backfill, compaction, paving, appurtenances, 76 surface repair, complete and operative in place. 80 LF 24• Furnish and install new 600V 600kcmil Cu Cables (100 LF = 1 CLF). (Brian, what is the voltage rating 600V?) ®, requirement on these cables, 3 CLF 25• Complete electrical termination at 400A MCC breaker 1 LS 26• Furnish and install new 600V #2 Cu Cables (100 LF = 1 CLF). (Brian, what is the voltage rating requirement these #2 600V?) 6 d� on cables, 1 CLF 27• Furnish and install new 1.5" galvanized steel conduit for 4 pumps (Need conduit material or other specification from Brian Gorda) including and not limited to brackets, appurtenances, anchors, surface in y repair, complete and operative place. 200 LF 28• Furnish and install new 600V #3 Cu Cables (100 LF = 1 CLF). 2 CLF 29• Complete electrical terminations at the VFD or at the 8 ,� Y Z pump motor. EA 11 - 30. Testing and commissioning of MCC with pump including limited r 1 assembly, and not to any necessary re -test and coordination with vendors that furnished Ca all the City's pre -purchase equipment. 1 LS 31. Furnish and install new 8' tall chain link fence, in accordance to plans and specifications, including and not limited to concrete footings, poles, gate location (exact location to be determined later by the City), fittings, appurtenances, brackets, anchors, surface 3 repair, complete and operative in place.. 85 LF I C-7 32• Remove and replace interfering portion of existing chain link fence to accommodate the installation of new above ground 12" Ductile Iron `restrained w12— 26 pipeline. 10 LF 33. Under a separate directive by the City Engineer, abandon existing 6" domestic service on Goldenwest which provides domestic water to the existing pump station, including and not limited to capping the service per City Standard, capping the abandoned service pipe, removal of the existing concrete service vault, appurtenances, salvage and return water meter & appurtenances to the City water yard as directed, backfill, compaction, surface replacement with new concrete slab per City Standard, complete and in operative place. 1 LS 34. Demobilization and Cleanup 1 LS I� TOTAL BID AMOUNT (IN FIGURES) $ TOTAL BID AMOUNT IN WORDS: F 1 - Mal- P. 10, tf 2 G 5-j 1 2.-2. Notes: All extensions of unit prices will be subject to verification by AGENCY. In case of a verification between the unit price and the extension, the unit price will govern. The AGENCY reserves the right to reject any or all proposals and bid items. W., 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 (by percentage of the total bid) the work to be done by such subcontractor. �' o Work 11�arne o Suhcontraetar.and,4ddress � z % License umber. crass CA 2° e a c • WA -Al 3_ 1 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that 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-9 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California 9*1 County of Orange ROBERT -.Q- FOSTER , being first duly sworn, deposes and says that he &X006s PRESIDENT ofR C FOSTER CORP 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 - mariner, 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. Subscribed and NOTARY R C FOSTER C0 'ORA;AON Name of Bidder Signature of Bid erN�UBEM SIDENT PO BOX 77055, CORONA, CA 92877-0101 Address of Bidder C-10 day of JULY , 2009. 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 CENTRAL PARK PUMP STATION, CC No. 1268, (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: 13—JULY-2009 R C FOSTE aRVORATION Contractor / By ROBERT C Title C-11 PRESIDENT DISQUALIFICATION QUESTIONNAIRE accordance with Government Code Section 14310:5;-the Bidder shall complete,-underpenalty-- 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-12 COMPENSATION INSURANCE CERTIFICATE - - -- - - - -" -ant 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: 13-JULY-2009 R C FOSTER Contractor Title C-13 PRESIDENT UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER -- (To be completed only by the awarded C fitractor 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: PRESIDENT Title Date: 13-JULY-2009 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-14 BIDDER'S INFORMATION _ - - _ - ----BIRDER certifies thatthe following information is°true- andcorrect:- - - - - -__ - - R C FOSTER CORPORATION Bidder Name PO BOX 77055, CORONA, CA 92877-0101 Business Address 951 j 738-8211 Telephone Number 569693 A State Contractor's License No. and Class 30-APRIL-1987 Original Date Issued JUNE 30, 2011 Expiration Date The work site was inspected by TONY RODARTE of our office on 9-APRIL-2009 ,2009. The following are persons, firms, and corporations having a principal interest in this proposal: ROBERT C. FOSTER, PRESIDENT C-15 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. R C FOSTER CORP RATI Company Name Signature of Bidder ROBERT C.FOSTER Printed or Typed Signature PO BOX 77055, CORONA, CA 92877-0101 Address of Bidder L-2-51) 738-8211 Telephone Number Subscribed and swpim-to before me this 13 day of JULY , 2009. NOTARY C-16 NOTARY SEAL ALES COMM. #161 cc NOTARY PUBLIC - CALIFORNIA ti ur RIVE S)D COUNTY My COmm Expi '�� Dr.c. 6, -,009 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. 2. Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work 3. Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work C-17 T Date Completed Date Completed Date Completed July 2008 R C FOSTER CORPORATION COMPLETED PROJECT LIST SAN GABRIEL VALLEY COUNTY WATER COMPANY Mr. Frank LoGuidice, Vice President Engineering and Operations (626) 448-6183 Date Completed Summer 2008 Contract Amount $32,500,000.00 MODIFICATIONS AT THE SANDHILL WATER TREATMENT PLANT This project involves the construction of a new water treatment plant. The work includes the installation, assembly and connection of the new water treatment equipment, construction of concrete structures, installation of site piping, interior piping, valves, meters, vaults, conduits, wiring, power systems, control systems, pipe supports, tanks, fencing and construction of block buildings. The treatment process consist of a rapid mix basin, conventional flocculation basins with enhanced coagultation, sedimentation basins with inclined plate settlers, sludge holding and dewatering ponds, chemical feed facilities, dual media gravity filtration, and washwater recovery facilities. Auxillary facilities include operations building, washwater supply tank, energy dissipation structure, transmission pipeline, and influent equalization reservoir. SAN GABRIEL VALLEY COUNTY WATER COMPANY Mr. Frank LoGuidice, Vice President Engineering and Operations (626) 448-6183 Date Completed May 2007 Contract Amount S6,200,000.00 CONSTRUCTION OF PLANT B-5 PERCHLORATE WATER TREATMENT FACILITY The project involved the construction of a new wellhead Treatment facility capable of treating 7800 GPM continuous flow. The project work consisted of demolition of the existing site improvements, demolition of an existing water booster pump station and demolition of an existing 300,000 gallon steel reservoir thereby making room for a completely new treatment plant. The new treatment process included Fixed Bed Carbon Filtration ( US Filter/Siemens), Fixed Bed Non-Regenerable Ion Exchange Filtration System (Calgon) and a Pressurized UV Treatment facility (Trojan Technologies). The construction of the Fixed -Bed Ion Exchange system consisted of a 120' x 40' x 241' Reinforced Concrete foundation. We off-loaded and set 16 each 10' diameter Calgon vessels and the interconnecting valve trees. Our work also included the fabrication and installation of complete steel cement lined and painted header pipe assembly and lateral piping connections. Additionally we fabricated and installed all pipe supports. a complete pre -filter system and - : structural steel- maintenance -access- platform. The Ion Exchange valve system°`was operated pneumaticly through the Capon PLC and a series of pneumatic valves and a complete Air Compressor system. The UV Treatment process involved the installation of the Trojan Technologies UV system. This consisted of construction of sub-terrainion reinforced concrete pipe pit, construction of a structural foundations and a reinforced masonry building. The building housed the UV treatment equipment, the electrical meter main, electrical distribution equipment and electrical VFD's for the onsite wells, the control room and all PLC's and SCADA equipment. The building construction consisted of Structural foundation, reinforced masonry walls, structural steel roofing system, roofing, stucco and all architectural accessories. We also constructed a new Booster Pump Station. This facility included 6 each Vertical Turbine Booster Pumps, construction of the influent and effluent piping, valves meters and accessories, construction of a reinforced masonry building, construction of a complete HVAC system, construction of a sodium hypochlorite storage and injection system and the complete electrical system including VFD's and controls. In addition, the project incuded construction of 12", 16", 20" and 24" underground fabricated steel cement mortar lined and coated site piping, isolation valves, flow meters, precast vaults, process piping, and storage tanks. We also were responsible to construct a complete electrical system including Primary power facilities, Meter Main, switchgear, VFD's conduit, wire, transformers and a complete operational SCADA and PLC programming system. The finished site was enclosed in an iron fence with electronicly operated gates, concrete site paving and irrigation and landscaping. CALIFORNIA DOMESTIC WATER COMPANY Mr. Jim Byerrum, President (562) 947-3811 Date Completed June 2007 Contract Amount $5,700,000.00 Construction of the Plant 3 Reservoir and Booster Station. This project consisted of an underground 160' x 80' x 24' Reinforced Concrete Reservoir with a Booster Station built above it. The reservoir capacity is rated at 1,500,000 Gallons. The Booster Station will pump approximately 20,000 gallons per minute. Our work consisted of site demolition of existing structures and a small wooden warehouse structure. Hazardous materials specialists were employed to remove all Haz mat materials before demolition could take place. We then installed a temporary cantelivered shoring system consisting of drilled -in shoring beams and steel plates. The excavation consisted of approximately 20,000 CY of soil which was trucked away from the jobsite. We then constructed the Reinforced concrete reservoir. The backfill operation provided a controlled compacted backfill to the top of the reservoir. Upon completion of backfill, a reinforced masonry building was constructed housing the 5 each Vertical Turbine Booster pumps. The 30" steel influent pipeline to the reservoir tied on to the existing 42" transmission main. The influent pipeline also included a 36" modulating Valve, a 10" bypass valve and piping and a precast valve vault structure. The 30" effluent pipeline approximately 300 - LF tied -into the existing -transmission pipeline: Other work includes electrical' work for power;` - controls, metering and VFD's for the entire pumping station. BATTELLE Mr. Jeff Oxenham, Project Manager (614) 424-3657 Date Completed January 2005 Contract Amount S1,088,000.00 Construction of the Concrete Pad, Backwash Holding Sump and mechanical installation at NASA Jet Propulsion Laboritory The treatment plant included above ground treatment process using liquid -phase granular activated carbon for VOC removal and a fluidized bed reactor technology for perchlorate removal. Our work included the construction of the reinforced concrete foundation, 18' x 24' x 10' reinforced concrete holding sump and a concrete containment curb approximately 15" high around the entire slab. We then were awarded the contract to install the owner furnished treatment equipment, tanks and piping along with the electrical conduit and wiring. All site restoration was included including concrete stairway, sidewalks and asphalt paving. VALLEY COUNTY WATER DISTRICT Mr. Mark Grajeda, General Manager (626) 338-7301 Tom Mortenson, Superintendent (626) 338-7301 Date Completed January 2005 Contract Amount S9,560,000.00 Construction of Arrow Lante Perchlorate Treatment Facility The project involved the construction of a new Wellhead Treatment Facility capable of treating 7800 GPM. Including the installation and assembly of new Dual Train Ion Exchange Regenerable Resin System (ISEP). The work also included construction of all concrete foundation and Concrete pads for the Treatment Facility, Installation, assembly and connection of new equipment, site piping, interior piping, valves, meters, vaults, conduit, wiring, power systems, control systems, pipe supports, storage tanks, and site. Also included was the construction of a Masonry Building, HVAC System, Booster Pumps, and Salt Brine Storage Tanks. Also included was complete construction of a Low I Pressure UV Treatment System including buried Cast in place reinforced wet well, treatment tanks, booster pumps, Masonry Building, and Electric 1-ton Bridge Crane. In addition R C Foster constructed a 4-stage Air Stripping VOC removal treatment system with Carbon off Gas Treatment. Sitework included all curb and gutter, parking areas and asphalt paving. The site was completely fenced and landscaped. The project also included Electrical work for Power and Controls, for the entire Treatment Plant. We have subsequently constructed an additional phase at this site. Project Value $1,200,000.00. This work consisted of installation of the construction of the Calgon Carbon Fixed -Bed Activated Carbon system consisted of a 130' x 40' x 24" Reinforced Concrete foundation. We then off-loaded and set 10 each 10' diameter Calgon vessels and the interconnecting valve trees. Our work also included the fabrication and installation of a complete 24" steel cement lined and painted header pipe assembly and, 8'lateral. piping connections. Additionally we fabricated, and installed all pipe supports, a complete 50,000 gallon bolted steel backwash tank, approximately 600 LF of 24" Steel influent and Effluent Pipelines, associated meters, valves and electrical system connections. SAN GABRIEL VALLEY COUNTY WATER COMPANY Mr. Frank LoGuidice, Vice President Engineering and Operations (626) 448-6183 Date Completed November 2003 Contract Amount $7,759,000.00 Construction of Plant B-6 Perchlorate Treatment Facility. The project involved the construction of a new Wellhead Treatment Facility capable of treating 7800 GPM. Including the installation and assembly of new Dual Train Ion Exchange Regenerable Resin System (ISEP). The work also included construction of all concrete foundation and concrete pads for the Treatment Facility, installation, assembly and connection of new equipment, site piping, interior piping, valves, meters, vaults, conduit, wiring, power systems, control systems, pipe supports, storage tanks, and site. Also included was the construction of a Masonry Building, HVAC System, Booster Pumps, and Salt Brine Storage Tanks. Also Included 8000 if of pvc Brine Pipelines. Also included was complete construction of a Low Pressure UV Treatment System including buried Cast in place reinforced wet well, treatment tanks, booster pumps, Masonry Building, and Electric 1 Ton Bridge Crane. In addition R C Foster constructed a 4-Stage Air Stripping VOC removal treatment system with Carbon off Gas Treatment. The site was completely fenced and landscaped. The project also included Electrical work for Power and Control, for the entire Treatment Plant. CITY OF MONTEREY PARK / SAN GABRIEL. WATER QUALITY AUTH. Ms. Grace Burgess, Executive Director (626) 859-7777 Date Completed July 2003 Contract Amount $1,500,000.00 Construction of Owner Supplied Fixed Bed Perchlorate Treatment Facility. The project involved the construction of a new Wellhead Treatment Facility capable of treating 5000 GPM. Including the installation and construction over excavation, recompaction of site soils, construction of a 150' x 30' reinforced concrete foundation installation of 5 ea Calgon Model 10 Systems 18" carbon steel pipe headers and all interconnecting piping, valves, meters, etc. Also included was installation of approximately 4000 If of 18" DI transmission pipeline. Pipeline work included excavation, pipe laying, backfilling and compaction, asphalt paving, striping and traffic detection loops. This project was successfuly completed within the very agressive 9-week time frame set forth by the owner. CALIFORNIA DOMESTIC WATER COMPANY Mr. Jim Byerrum, President (562) 947-3811 Date Completed July 2002 Contract Amount $680,000.00 Construction of Owner Supplied Fixed Bed Perchlorate Treatment Facility The project involved the construction of a new Wellhead Treatment Facility capable of treating 5000 GPM. Including the installation and construction over excavation, recompaction of site soils, construction of a 150' x 30' reinforced concrete foundation installation of 5 ea Calgon Model 10 Systems 18" carbon steel pipe headers and all interconnecting piping, valves, meters, etc. Also... -included. was installation,, of. 2 ea. Vertical-, Turbine Booster Pumps Both pumps --_- - -_ equipped with variable speed drives. Project also included interconnecting piping valves and concrete vaults. The project also included all Electrical work for power and controls for the entire plant. KERR-McGEE CHEMICAL CORPORATION/ CALGON CARBON CORP. Mr. Tom Bosak, Project Manager (412) 787-4540 Date Completed March 2002 Contract Amount $3,400,000.00 Construction of Equipment for a Perchlorate Treatment Facility The project involved the construction of a new Wellhead Treatment Facility. Construction included the installation and assembly of new ISEP and Dual Train Perchlorate Destruction Module. The work also included construction of all earthworks, concrete foundations and concrete pads for the Treatment Facility, installation, assembly and connection of new equipment, site piping, interior piping, valves, meters, vaults, conduit, wiring, power systems, control systems, pipe supports, storage tanks, and site. Also included was the construction of an Existing Building upgrades, HVAC System, Fire Protection System, High Temperature and Pressure Piping, Piping Insulation, Booster Pumps, Storage Tanks. Also Included 2500 if of High Pressure Natural Gas and Compressed Air Pipelines. The project also included Electrical work for Power and Control, for the entire Treatment Plant. LA PUENTE VALLEY COUNTY WATER Mr. Michael Berlien, General Manager (626) 330-2126 Mr. Steve Johnson, Stetson Engineers (626) 967-6202 Mr. J T Gardiner, Stetson Engineers (626) 967-6202 Date Completed January 2000 Contract Amount $1,300,000.00 Construction of Perchlorate Treatment Facility The project involved the construction of a new Wellhead Treatment Facility. Including the installation and assembly of new ISEP and UV Treatment Equipment. The work also included construction of a concrete foundation pad for the Treatment Facility, Installation, assembly and connection of new equipment, site piping, interior piping, valves, meters, vaults, conduit, wiring, power systems, control systems, pipe supports, storage tanks, and site fencing. Also included was the construction of a Pre -Engineered Metal Building, Vertical Turbine Pumps construction of - 30001f of PVC C-900 Brine Pipeline and upgrading of existing electrical power systems. City of Monrovia Mr. David Fike, Utilities Division Manager (626) 359-3231 Mr. Bassil Nahhas, Water Engineer (626) 932-5578 Mr. David Byrum, Civiltec Engineers (626) 357-0588 Ms. Sherry Shaw, Civiltec Engineers (626) 357-0588 Construction of the Well No. 6 Building This project consisted of the construction of complete wellhead facilities, including 400+ feet of 12" Ductile Iron Pipe, Connections to existing Main Lines, Valves, Meters etc. In addition the project _included_ -the construction --of a -Reinforced Concrete Masonry Building-`which-7 included Drain system, Concrete Foundation, Masonry walls, Wood Framed Roof Removable Metal Roof (Over Wellhead), Skylights, Ventilation and a complete Electrical Motor Control Center. Moulton Niguel Water District Mr. Carlo Habash, Director of Engineering (949) 448-4033 Mr. Ray McDowell, Construction Manager (949) 425-3532 Mr. Robert Reid, The Keith Companies Consulting Engineers (949) 540-0800 Mr. Tony Ong, The Keith Companies Consulting Engineers (949) 641-4281 Construction of Aliso Vieio Flow Control Facility This project consisted of the construction of a complete and operational Flow Control Facility Steel Pipe and Fittings, earthwork, reinforced concrete structures, flow metering, motor operated control valves, ventilation, electrical and instrumentation, removal and restoration of irrigation systems and landscaping, concrete and asphalt pavement. Suburban Water Systems Mr. Paul Carver, Vice President Engineering (626) 960-2090 Mr. Donald King, District Manger (562) 944-8219 Construction of Plant 409 Well #2 Wellhead Filtration Facilities This project consisted of construction of a complete Well Water Treatment Facility including Pumps, Piping, Filtration Vessels, Concrete Foundations, Building Work, Alum and Sodium Hypochlorite Injection and Monitoring Facilities, Chlorination Facilities, Electrical Work, Site work, Site Paving and Fencing. California Domestic Water Company Mr. Jim Byerrum, Director of Water Operations (562) 947-3811 Numerous Water Imnrovements Piueline and Pumping Facility Construction One project consisted of Construction of the new Reservoir 96 Pump Station which included installation of 4-each Vertical Turbine 200 hp/ 100hp Booster Pumps, Suction Piping, Discharge Piping Pump Control Valves, and Flow Meters. Also included was construction of 1500 sf Masonry building including Structural Concrete slabs Ventilation, Roof Framing, Roofing, Painting, and Site Work etc. Santa Margarita Water District Mr. Bart Lantz, Construction Service Manager (949) 459 6505 Construction of the Monterey Villa Pump Station Project included construction of underground structural concrete pump station vault, 3-each. Vertical Turbine Booster Pump units extensive Piping, Control Valves, Metering, Electrical, Instrumentation, Telemetry System, Site Work, Structural Concrete Retaining Wall, Site Work and all appurtenant work. City of Arcadia Mr. Randy Carter Bud Holcome (626) 303-5583 (626) 303-5583 Numerous Construction Contracts Numerous Construction Contracts including Construction of Live Oak Water Pumping Facilities, Peck Road Wellhead Completion, Steel Reservoir Modifications, numerous concrete improvements and Pump Station Ventilation modifications. City of Fullerton Mr. Mir 1Fattahi, Water Engineer (714) 738-6886 Construction of Christlieb Well #15A and Wellhead Facilities Project included deep well pump, pump control, electrical, instrumentation, metering facilities, piping, valves, and soundproofing and site improvements. Also the Construction of Coyote Pumping Station which included Demolition on existing Booster pumps and a complete installation of 4 Vertical Turbine Booster Pumps, Piping, Control Valves Site work, Standby Generator, Electrical and Instrumentation. Three Valleys Municipal Water District Mr. David Byrum, Principal Engineer (626) 357-0588 Mr. Gerry Stube, Owners Representative (909) 621-5568 Construction of Chlorination Scrubber system for Water 'Treatment Facility Construction of complete Chlorination Scrubber system for Water Treatment Facility. Work included concrete foundations FRP duct work, modifications to existing facilities etc. City of Glendora Water Engineering (626) 914-8246 Construction of Azusa Greens Well #5E Project included variable frequency 200HP Deep Well Pump, Pump Control, Electrical, Metering Facilities, Piping, Valves, Connection to existing 18" water main, Site Work and Fencing. Los Angeles County, Department of Public Works Mr. Manuel Alarcon, Electro-Mechanical Supervisor Rehabilitation of Sewer Pumtaing Facilities Rehabilitation of Sewer Pumping Facilities at numerous sites. outdated piping and valves Wet well rehabilitation etc. (213) 233-2015 Work includes replacement of old Civiltec Engineering, Inc. Mr. David -Byrum; Principal Engineer - - (626) 357-0588 Numerous Projects Numerous Projects including Well Building Construction (City of La Verne), Booster Pump Station Construction (Pepperdine University), and various other Water related projects. City of El Segundo Mr. Rene Bruno, Engineer (310) 322-4670 Mr. Bob Green, Water Superintendent (310) 607-2291 Mr. Gary Moris, Sewer Superintendent (310) 607-2291 Reconstruction of existing Sewer Pumping Plant #8 Reconstruction of existing Sewer Pumping Plant 48, including wet well rehabilitation, Pumps, Piping Electrical, Controls, Site work and a Continuous Sewage Bypass Pumping System. A second project consisting of a new 150HP Vertical turbine Booster Pump, Piping, Control Valves, Electrical and Appurtenances. Reconstruction of Sewer Pumping Plant including Continuous Sewer Bypass Pumping, Wet well rehabilitation new Vertical Dry Pit Sewer Pumps, Mechanical Piping and Valves, Electrical and Controls, Ventilation equipment and Waterproofing of existing Concrete Structure. Padre Dann Municipal Water District / EJ Meyers Mr. Jamie Philpot, Padre Dam Municipal Water District (619) 596-3145 Mr. Mike Corcoran, Vice President — EJ Meyers (909) 335-3188 Construction of Water Booster Station Construction of Water Booster Station consisting of 2-each Vertical Turbine Pumps, Piping and Valves, Concrete Foundations, Masonry Building, Complete Steel Reservoir Rehabilitation, Cathotic Protection, Site Work Site Piping and Fencing. 4. Delivery of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for CENTRAL PARK PUMP STATION CC No. 1268 in the CITY OF HUNTINGTON BEACH — DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY'S designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within ten (10) working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. 'faxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable. 7. Disqualification of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. 10. Listing of Subcontractors Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. MN Bond No. S-962 THE AMERICAN INSTITUTE OF ARCHITECTS AIA DocumentA310 KNOW ALL AMEN BY THESE PRESENTS, that we R C Foster Corporation P.O. Box 77055 Corona, CA 92877-0101 as Principal, hereinafter called the Principal, and Safeco Insurance Company of America 330 N. Brand Blvd., Suite 950 Glendale, CA 91203 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 2000 Main Street Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10 0 of Bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: Central Park Pump Station NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect_ Signed and sealed this 13th day of July, 2009 R C Fost (Witness) (Witness) 17 Daniel Hu Attorney- iration (Principal) (Sea!) (Title) PRESIDENT e Company of America (Surety) (Seal) (Tifle) AIA DOCUMENT A310 . BID BOND • AIA ® e FEBRUARY 1970 ED a THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 1 CALIFORNIA ALL-PURPOSE • ACKNOWLEDGMENT d'Y aY`" "a7"e=' `aY' "J' y" � �9" •�. e7.'"y- e� `- - •ay.`v •eN e7 S/ rl N "eY a7' "eY4��14`-✓' U tl'' 'eS` `3 "t➢ " e7 STATE OF CALIFORNIA County of Riverside On 17-July-2009 before me, Jeanne Gonzales, Notary Public _ Date Here nsert Name and Title of the Officer personally appeared Robert C. Foster Name(s) of Signer(s) �U� NNE MNZALES ,, COMM. #1627411 NOTARY PUBLIC - CALIFORNIA O RIVERSIDE COUNTY My Comm. Expires Dec. 6, 2009 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Qalifornia that the foregoing paragraph is true and car ct. OPTIONAL official Notary 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: Bid Bond Document Date: 13-July-2009 Number of Pages: One Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual 9 Corporate Officer — Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 • www.NationalNotary.org Item }k5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 7/ 13/09 before me, Arturo Ayala Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Huckabay Name(s) of Signer(s) r ARTURO AYA A k COMM. #1636549:q NOTARY PUBLIC- CALIFORNIA ORANGE COUNTY r MY COMM. EXP. JAN. 10, 2010 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand a ffici eal. Signatur 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: Bid Bond Document Date: 7/ 13/09 Number of Pages: One Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Daniel Huckabay ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General N4 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)! ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 10� Ubertx POWER ut,11A OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 13077 Bond No. S-962 Safeco Insurance Company of America General Insurance Company of America 100141h Avenue Suite 1700 Seattle, WA 98154 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint *a`*'******""***ARTURO AYALA, DANIEL HUCKABAY; i ONALD ROOP; Orange, California"*** its true and lawful attorney(s)4n-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and alher 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 21 st day of March , 2009 PIX* Dexter R. Legg, Secretary Timothy A. Mikolalewsid, Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 attomeys-in-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 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, (i) The provisions of Article V, Section 13 of the By"ws, 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, Dexter R.Legg 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 13th day of July 1 2009 SEAL x J�,XR�j Dexter R. Legg, Secretary S-D9741DS W09 WEB PDF City ®f Huntington Beat 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK October 2, 2009 Sandoval & Johnson Construction & Engineering Pipeline, Inc. 3220 Falcon Ridge Rd. Diamond Bar, CA 91765 RE: CC-1268 — Central Park Pump Station Enclosed please find your original bid bond for CC-1268. Sincerely, Jo n L. Flynn, CIVIC City Clerk J F: pe enclosure Sister New Zealand ( Telephone: 714-536-5227 ) 1�L �c ; o ,J L �; c� %O d'tJ cL s 2DO9 JUL 2.i AM 11: 52 SECTION C PROPOSAL for the CENTRAL PARK PUMP STATION CC No. 1268 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 Enginee►- 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 the selected working day schedule, 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 (60) from the bid opening date. If at such time the contract is not awarded. the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filling 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. Accompanyin-- this proposal of bid. find AOA)A in the amount of S %() 10 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received I idder'.v Signature C-2 PROJECT BID SCHEDULE CENTRAL PARK PUMP STATION CC No. 1268 BID ITEMS Item No. Description Quantity Unit Unit Cost Total Cost 1. Mobilization I LS fs�© 2. Furnish and install IOxIOx10 connection Ductile Iron i tee per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, a 10" resilient wedge gate valve just on the west side of the new tee with valve box per City's Standard 612, a 12" resilient wedge gate valve with valve box per City's Standard just on the south side of the new tee, a new 1 0xl2 expander, all potholing, pipe draining, disinfection, fittings, couplings, appurtenances, pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, cathodic protection, joint thrust restraint, concrete thrust blocks, concrete gravity blocks, pavement replacement, surface repair, complete and in place. 1 LS 3. Furnish and install new 12" Ductile Iron restrained pipe, between the downstream from the new 1 OxI Ox 10 tee to the point of connection to the existing PUMP station discharge end, both below ground, with portion above ground, supported by reinforced concrete pedestals, including and not limited to fittings, 90-degrees rigid Ductile Iron elbows, butterfly valves, mechanical joints, flange fittings, excavations, soil import, soil disposal, joint bondings, cathodic protection, joint thrust restraint. anode bed, 2 test stations, concrete thrust blocks, concrete gravity blocks, appurtenances, tree/shrub root pruning, tree/sh►-Lib trimming, surface repair, connection to the existing pump station, complete and operative in place. 40 LF 4. Furnish and install 20x20xl2 connection Ductile Iron vS� tee per Public Works Standard, including and not ,tjL limited to concrete thrust blocks, concrete gravity blocks, 12" resilient wedge gate valve with valve per box City's Standard 612, all potholing, pipe draining, disinfection, fittings, couplings, appurtenances, 1 LS C-3 Item No. Description Quantity Unit Unit Cost Total Cost pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, cathodic protection, joint thrust restraint, submittals, and pavement replacement, complete and in place. 5. As an alternative to a cut -in tee (item 4 above), hot tap existing 20" PVC main per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, 12" resilient wedge gate valve with valve per box City's Standard 612, all potholing, fittings, couplings, appurtenances, pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, joint thrust restraint, submittals, and pavement replacement, complete and in place. 1 LS 6. Furnish traffic control in Goldenwest for the di o o installation of new 12" pipeline, in accordance to the specifications, complete and in place. 1 LS 7. Furnish and install new 12" Ductile Iron restrained TR Flex pipe from Goldenwest to Central Park, below ground, including and not limited to fittings, mechanical joints, pavement sawcutting, trench excavation, joint bondings, anode bed, cathodic protection, pipe bedding, backfill, soil import, soil disposal, compaction, paving, appurtenances, surface repair, complete and operative in place. Prior to construction, complete pothole information, and provide a submittal. 150 LF 8. When necessary to avoid conflict with existing substructures along Goldenwest, furnish and install �� 00 new Ductile Iron vertical offset, maximum of 3- vertical feet for 12" ductile iron pipeline. Vertical offset to include 2-each 22.5-degrees Ductile Iron fittings, concrete thrust blocks per City Standard 614, trench excavation. pipe bedding, compaction, joint bonding, cathodic protection, appurtenances, complete and operative in place. 1 EA 9. When necessary to avoid conflict for the proposed 12" ductile iron pipeline on Goldenwest. or along the discharge end of the proposed pump station, furnish and install new 2" air vac & release assembly per City Standard, including and not limited appurtenances, 2 EA C-4 Item No. Description Quantity Unit Unit Cost Total Cost air -vac can; complete and operative in place. [ f oOr 10. Furnish and install new 10" RPPD backflow device per City Standard, including and not limited to rigid fittings, appurtenances, concrete pad, reducers, expanders, concrete slab, joint bonding, concrete thrust blocks, joint thrust restraint, surface repair, complete and in place. 1 EA 11. Furnish and install new 12" Ductile Iron restrained TR Flex pipe, between the downstream from the new 10" Y'P?, 35 backflow device to the point of connection to the suction side of the new pump station, above ground, supported by reinforced concrete pedestals, including and not limited to fittings, mechanical joints, concrete thrust blocks, joint thrust restraints, air -vac & release, excavations, soil import, soil disposal, joint bondings, appurtenances, tree root pruning, surface repair, connection to the new pump station, complete and operative in place. 100 LF 12. Furnish and install new 12" Ductile Iron restrained Flex pipe, between the discharge side of the new pump station, to the new tee located within the limit of the existing pump station, above ground, supported by reinforced concrete pedestals, including and not limited to fittings, check valves, butterfly valves, restrained flexible couplings, mechanical joints, joint thrust restraints, excavations, joint bondings, appurtenances, connections on both end of the pipe, surface repair, complete and operative in place. 15 LF 13. Furnish and install 4" CPVC pressure release pipeline, l � ��YO including and not limited fittings, elbows, anchors, concrete footings, testing, appurtenances, connection to the new pump station, surface repair, complete and in place. 45 LF 14. Install City furnished pre -purchased equipment, MCC and pump station assembly, in accordance to plans, i specification, vendor requirement, including and not limited to plates, rods, brackets, appurtenances, anchors, surface repair, concrete pads, survey finish concrete pad elevations, complete and operative in place. I EA C-5 Item No. Description Quantit Unit Unit Cost Total Cost 15. Cut and cap/seal the to be abandoned 12" high pressure waterline, including all excavation, backfill, yJ) rJ00 appurtenances, and surface repair, as shown on these plans, per City Standard, complete and in place. 2 EA 16. Cut and cap/seal the 12" high pressure outlet adjacent to the 10" high pressure waterline, including all excavation, backfill, appurtenances, and surface repair, as shown on these plans, per City Standard, complete and in place. 1 EA 17. Pressure testing, chlorination and testing of all new water mains and appurtenances, including and not limited to temporary blow -offs, chlorine injection points, backflow device, per Public Works Standard, as directed by City inspector, complete and in place. I LS 18- Submit sheeting or shoring design in accordance with the geotechnical report by a registered professional engineer. Install sheeting, shoring, and/or bracing as required for all trenching and excavation operations, and confined spaces in accordance with these plans and as required by law. 1 LS 19. Over -excavate per geotechnical report specifically for S- PO jam} 0 the new pump station concrete pad, including and not limited to over -excavation, dispose of unsuitable soil, removal of abandoned water pipeline, and shoring. 150 CY 20. Import and place backfill per geotechnical report 13 -palJ"o specifically for the new pump station concrete pad,` including and not limited to compaction, shoring, import of soil, and surface preparation. 140 CY 21. Furnish and install new 400A (non -fused) 600V 3- Phase, double -throw switch in Nema-3R enclosure with identical lock to existing transformer enclosure. Mount with unistrut to the side of the breaker compartment of the existing transformer enclosure. Switch will control existing and new pump station so that the stations will not both operate at the same time. Do not mount switch to the middle of the transformer section. I EA C-6 Item No. Description Quantity Unit Unit Cost Total Cost 22. Complete electrical termination at existing go S transformer to double throw switch, including connections to the new and existing conduit and conductor to both the new and existing pump stations. 1 LS 23. Furnish and install new Sch 40 Gray PVC 4" conduit, typically minimum 20" below grade, including fittings, pavement sawcutting, trench excavation, pipe bedding, backfill, compaction, paving, appurtenances, surface repair, complete and operative in place. 80 LF 24. Furnish and install new 600V 600kcmil Cu Cables (100 LF - 1 CLF). (Brian, what is the voltage rating requirement on these cables, 600V?) 3 CLF 25. Complete electrical termination at 400A MCC breaker 1 LS '200 26. Furnish and install new 600V #2 Cu Cables (100 LF VA 1-4 1 CLF). (Brian, what is the voltage rating requirement on these 42 cables, 600V?) 1 CLF 27• Furnish and install new 1.5 galvanized steel conduit 60 for 4 pumps (Need conduit material or other specification from Brian Gorda) including and not limited to brackets, appurtenances, anchors, surface repair, complete and operative in place. 200 LF 28. Furnish and install new 600V 43 Cu Cables (100 LF 1 CLF). 2 CLF 29. Complete electrical terminations at the VFD or at then PUMP motor. 8 EA 30. Testing and commissioning of MCC with pump ���✓ assembly, including and not limited to any necessary re -test and coordination with vendors that furnished all the City's pre -purchase equipment. 1 LS 31. Furnish and install new 8' tall chain link fence, in accordance to plans and specifications, including and��� not limited to concrete footings, poles, gate location (exact location to be determined later by the City), fittings, appurtenances, brackets, anchors, surface repair, complete and operative in place.. 85 LF C-7 32• Remove and replace interfering portion of existing chain link fence to accommodate the installation of new above ground 12" Ductile Iron restrained �� u pipeline. 10 LF 33. Under a separate directive by the City Engineer, abandon existing 6" domestic service on Goldenwest which provides domestic water to the existing pump station, including and not limited to capping the service per City Standard, capping the abandoned service pipe, removal of the existing concrete service vault, appurtenances, salvage and return water meter & appurtenances to the City water yard as directed, backfill, compaction, surface replacement with new concrete slab per City Standard, complete and �0 0 operative in place. 1 LS 34. Demobilization and Cleanup 1 LS TOTAL BID AMOUNT (IN FIGURES) J-0 TOTAL BID AMOUNT IN WORDS: J 6-fl% Tom® Notes: All extensions of unit prices will be subject to verification by AGENCY. In case of a verification between the unit price and the extension, the unit price will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-8 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address ofeach 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 (by percentage of the total bid) the work to be done by such subcontractor. Portion of Work (0) Name of Subcontractor. and Address State License Number , " Class ju C e j , 0,0< , - 391 Alt,MPIJIj,, � S--r /) ,Q o ..� �K 7 -7b i o hiy co v Akow By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-9 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 CENTRAL PARK PUMP STATION, CC No. 1268, (1)(we)(1t) 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: --) - )-j- 0 ? Contractor Title C-1 1 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of pe►jury, 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-12 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: Date: 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. Contractor ?14 By Title C-13 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Di( Alert ldentific«tion Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-14 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: :5�AQIIAI.It JWPSO,"► 0A)Srl,4- 4'5. A L,A', Bidder Name Business Address 6IA M oW 9,A CA. 9 / 763-- (C2 7 ) Telephone Number ()-a563 - A +.AS State Contractor's License No. and Class ?0,0 Original Date Issued 7- Expiration Date The work site was inspected by /1'J �fL Jd� of our office on `7- /6 2009. The following are persons, firms, and corporations having a principal interest in this proposal: 544 SA—AoI al Z�W Z �E J-0,UVn'1V C-15 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their 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 Bid&I ��z ""� Printed or Typed Signature Address of Bidder Telephone Number Subscribed and sworn to before me this NOTARY PUBLIC C-16 day of .2009. NOTARY SEAL CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 7/20/09 before me, Arturo Ayala, Notary Public Date Here Insert Name and Title of the Officer personally appeared Merle Johnson Name(s) of Signer(s) "2 ARTURO AYALA COMM. #1636549 m NOTARY PUBLIC- CALIFORNIA ORANGE COUNTY r� SPY COMM- EXP. JAN. 10, 2010 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my han - Signatur Signature of Notary Pu 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: Proposal Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Merle Johnson ❑ Individual [V Corporate Officer —Title(s):Vice President ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee 0 ❑ Guardian or Conservator TO of thumb here ❑ 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: © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.Nationa[Notary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 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: ,6 d45-f Z.j5 -r- cc /I9 %2 o o ta/, L Name and Address Name and Telephone No. of Project ManagerAyz Arq) �w) ''' i- �YJO V�//O Contract Amount Type of Work Date Completed 2. id � t�%%� �/.u:° l� 12r l7y/ �v���ie / ol,) di' -Jo as - A'11- �r� J �'����/�% Name and Address ,/p, /7— Name and Telephone No. of Project Manager: ?y ) 17/5 _ '&'a Contract Amount Type of Work Date Completed Name and Address ,lON9' Name and Telephone No. of Project Manager:`-) Contract Amount Type of Work Date Completed C-17 State of California ss. County of Orange Merle Johnson , being first duly sworn, deposes and says that he or she is Vice President 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. *Sandoval & Johnson Construction & Engineering Pipeline, Inc. Sandoval & Johnson Construction & Engineering Pipeline, inc. Name of Bidder Signaturyf Bidder Merle Johnson, Vice President 3220 Falcon Ridge Road, Diamond Bar, CA 91765 Address of Bidder Subscribed and sworn to before me this day of , 2009. NOTARY PUBLIC C-10 NOTARYSEAL CALIFORNIA ,. ALL-PURPOSE P . P OACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 7/17/09 before me, Arturo Ayala, Nota[y Public Date Here Insert Name and Title of the Officer personally appeared Merle Johnson Name(s) of Signer(s) ARTURO AYALA COMM. #16,3C541 ° NOTARY PUBLIC-GALIFORNIAU, ORANGE COUNTY w MY COMM. FnP. BAN. 10. 2o10 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hang -eal. Si( natur Signature f Notary Publi 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: Noncollusion Affidavit Document Date: 7/17/09 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Merle Johnson ❑ Individual 9 Corporate Officer — Title(s): Vice President ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Sandoval & Johnson Construction, a General Partnership Top of thumb here Number of Pages: One 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 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNalary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 411--m INSCO INSURANCE SERVICES, INC. Ir1%IC® Underwriting Manager for: o Gl Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 BID BON® KNOW ALL MEN BY THESE PRESENTS, That we, Sandoval & Johnson Construction & Engineering Pipeline, Inc. BOND NO. INS-69 as Principal, and Developers Surety and Indemnity Company a corporation authorized to transact a general surety business in the State of California as Surety, are held and firmly bound unto City of Huntington Beach called the Obligee) in the full and just sum of Ten Percent of Amount Bid Dollars, ($ 10% of Amount Bid ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Central Park Pump Station - CC No. 1268 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, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 17th _ day of July 2009 YEAR Sandoval & Johnson Construction & Engineering Pipeline, Inc. Developers S rety and Indemnity Company Surety z4z W1:4:n-2 By: Merle Johnson, Vice Pre nt Principal Daniel Huckabay Attorney -in -Fact ID-1198 (Bid Bond) (REV. 1/01) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 7/ 17/09 before me, Arturo Ayala. Nota[y lic Date Here Insert Name and Title of the Officer personally appeared Daniel H ARTURO AYALA COMM. #1636549U D) NOTARY PUBLIC-CALIFORNIA� ORANGE COUNTY N y MY COMM. ESP. JAN. 10. 2010 of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand a offici eal. Signature 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. Descriptionof Attached Document Title or Type of Document: Bid Bond Document Date: 7 / 17 / 09 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Daniel Huckabay ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General G6 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: One 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.Nationa[Notary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 ALL-PURPOSECALIFORNIA • - ,rsr�-ar•� aa° .� y •- -ria e , ei;"� �eye+�,�" yt�����.�eranexyY�'��as;e%X.�cry�si�ey.�r7�.�' STATE OF CALIFORNIA County of Orange On 7/17/09 before me, Arturo Axala. NotaPublic Date ry Here Insert Name and Title of the Officer personally appeared Merle Johnson Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) ,., A R T U R O A YA LA acted, executed the instrument. COMM. #1636549-N co NOTARY PURdIC-CALIFORNIA(4 1 certify under PENALTY OF PERJURY under the laws of ORANGE COUNTY CC the State of California that the foregoing paragraph is true CRY COMM. EXP. JAN. 10, 2010~ and correct. Witness my han d_ I. Signature . Place Notary Seal Above Signature of Notary Pubii 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: Bid Bond Document Date: 7/17/09 Number of Pages: One Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Merle Johnson ❑ Individual G6 Corporate Officer —Title(s):Vice President ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Sandoval & Johnson Construction, a General Partnership Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item k5907 Reorder: Call Toll -Free 1-800-876-6827 Bond No. INS-69 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOWALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint ***Ralph Eidem, Jr., Daniel Huckabay, Arturo Ayala, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to matte, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-inrFact futi power and authority to do and to perform every art necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(*ln-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY ,AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby Is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and thatthe Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power ofAttomey: RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any cenfificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures shall be vafid and binding upon the corporatons when so affixed and In the future with respect to arty bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respectiveAssistant Secretary this January 1st, 2008. By:� ,-.AiItT... jsANy�Cy: a` :„..••«„gip - Stephen T Pate, Senior Vrce President n+._-- By: Charles L.Day, Assistant Secretary �g,>,i -__' �+; g State of California County of Orange On January ist, 2008 before me, Christopher J. Roach, Notary Public Date Here insert Name and title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signers) s •" t .i•f � Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Aare subscribed to the within instrument and acknowledged to me that he(sheR hey executed the same In hlslhediheir authorized capaclty(ies), and that by hisfierNheir signat ire(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature Ch erJ. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are In force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 17 th day of July 2009 By: -Albert HEebrand, Assistant ecretary ID-1380(Wet)(Rev.07/07) City of Huntington Reach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 2, 2009 United Engineering & Construction, Inc. 336 N. Central Ave., Suite 10A Glendale, CA 91203 RE: CC-1268 — Central Park Pump Station Enclosed please find your original bid bond for CC-1268. Sincerely, JrLFlynni, CIVIC City Clerk J F: pe Enclosure Sister C ies�0 "iijo S�'apan t�'rai a eore, New Zealand ( Telephone: 714-536-5227 ) SECTION C PROPOSAL for the CENTRAL PARK PUMP STATION CC No. 1268 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 Nvork 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 wort: therein to the satisfaction of and under the supervision of the City Engineer of the Citv of I-Iuntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon carefiil 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 (60) from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find BW P-WO in the amount of $ which said amount is not less than l 0% 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 Signatilre C-2 PROJECT BID SCHEDULE CENTRAL PARK PUMP STATION CC No. 1268 BID ITEMS Item No. Description Quantity Unit Unit Cost Total Cost 1. Mobilization I LS 9/ 90C-) 2. Furnish and install 1 OXIOXIO connection Ductile Iron tee per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, a 10" resilient wedge gate valve just on the west side of the new tee with valve box per City's Standard 612, 12" c� a resilient wedge gate valve with���� valve box per City"s Standard just on the south side of the new tee, a new I Ox 12 expander, all potholing, pipe draining, disinfection, fittin(Is, couplings, appurtenances, pavement savv-cutting and removal, excavation, backfill, compaction, encasement. joint bonding, cathodic protection. joint thrust restraint, concrete thrust blocks, concrete gravity blocks, pavement replacement, surface repair, complete and in place. 1 LS 3. Furnish and install new 12" Ductile Iron restrained pipe, between the downstream from the new l Ox10x 10 tee to the point of connection to the existing PUMP station discharge end, both below ground, with portion above around, supported by reinforced concrete pedestals, including and not limited to ? ►i4�" fittings, 90-degrees rigid Ductile Iron elbows, Y butterfly valves, mechanical joints, flange fittings, import, disposal, bondings, excavations, soil soil joint cathodic protection, joint thrust restraint, anode bed, 2 test stations, concrete thrust blocks, concrete gravity blocks, appurtenances, tree/shrub root pruning, tree/shrub trimming, surface repair, connection to the existing pump station, complete and operative in place. 40 LF 4. Furnish and install 20x20x12 connection Ductile Iron tee per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity 3 t/)3 J � blocks, 12" resilient wedge gate valve with valve per box City's Standard 612, all potholing, pipe draining, disinfection, fittings, couplings, appurtenances, 1 LS C-3 P,,(-1 v Item No. Description Quantity Unit Unit Cost Total Cost pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, cathodic protection, joint thrust restraint, submittals, and pavement replacement, complete and in place. 5. As an alternative to a cut -in tee (item 4 above), hot tap existing 20" PVC main per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, 12" resilient wedge gate valve with valve per box City's Standard 612, all-7�� potholing, fittings, couplings, appurtenances, pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, joint thrust restraint, submittals, and pavement replacement, complete and in place. I LS 6. Furnish traffic control in Goldenwest for the installation of new 12" pipeline, in accordance to the `73 C110 specifications, complete and in place. 1 LS t` 7. Furnish and install nevv 12" Ductile Iron restrained TR Flex pipe from Goldenwest to Central Park. belokv around, including and not limited to fittings, mechanical joints, pavement sawcutting, trench �� ^� ems, fie" excavation, joint bondings, anode bed, cathodic protection, pipe bedding, backfill soil import, soil disposal, compaction, paving, appurtenances, surface repair, complete and operative in place. Prior to construction, complete pothole information, and provide a submittal. 150 LF 8. When necessary to avoid conflict with existing substructures along Goldenwest, furnish and install new Ductile Iron vertical offset, maximum of 3- vertical feet for 12" ductile iron pipeline. Vertical 1 1 1 �79' , offset to include 2-each 22.5-degrees Ductile Iron fittings, concrete thrust blocks per City Standard 614, trench excavation, pipe bedding, compaction, joint bonding, cathodic protection, appurtenances, complete and operative in place. I EA 9. When necessary to avoid conflict for the proposed 12" ductile iron pipeline on Goldenwest, or along the discharge end of the proposed pump station, furnish and install new 2" air vac & release assembly per City �� t�' Standard, including and not limited appurtenances, 2 EA C-4 Item No. Description Quantity Unit Unit Cost Total Cost air -vac can, complete and operative in place. 10. Furnish and install new 10" RPPD backflow device per City Standard, including and not limited to rigid fittings, appurtenances, concrete pad, reducers, expanders, concrete slab, joint bonding, concrete thrust blocks, joint thrust restraint, surface repair, r 2 6' complete and in place. 1 EA 1 11. Furnish and install new 12" Ductile Iron restrained TR Flex pipe, between the downstream from the new 10" backflow device to the point of connection to the suction side of the new pump station, above ground, supported by reinforced concrete pedestals, including and not limited to fittings, mechanical joints, concrete ��� thrust blocks, joint thrust restraints, air -vac & release, % excavations, soil import, soil disposal, joint bondinOs. appurtenances, tree root pruning, surface repair, connection to the new pump station. complete and operative in place. 100 LF 12. Furnish and install new 12" Ductile lron restrained Flex pipe, between the discharge side of the new pump station, to the new tee located within the limit of the existing pump station, above ground, supported by r reinforced concrete pedestals, including and not limited fittings, butterfly to check valves. valves, / restrained flexible couplings, mechanical joints, joint thrust restraints, excavations, joint bondings, appurtenances, connections on both end of the pipe. surface repair, complete and operative in place. 15 LF l3. Furnish and install 4" CPVC pressure release pipeline, including and not limited fittings, elbows, anchors, 5/15 concrete footings, testing, appurtenances, connection 1 z7 / to the new pump station, surface repair, complete and in place. 45 LF 14. Install City furnished pre -purchased equipment, MCC and pump station assembly, in accordance to plans, specification, vendor requirement, including and not limited to plates, rods, brackets, appurtenances, anchors, surface repair, concrete pads, survey finish concrete pad elevations, complete and operative in place. 1 EA C-5 Item No. Description Quantity Unit Unit Cost Total Cost 15. Cut and cap/seal the to be abandoned 12" high pressure waterline, including all excavation, backfill, appurtenances, and surface repair, as shown on these C, plans, per City Standard, complete and in place. 2 EA 16. Cut and cap/seal the 12" high pressure outlet adjacent to the 10" high pressure waterline, including all excavation, backfill, appurtenances, and surface �, repair, as shown on these plans, per City Standard, complete and in place. 1 EA 17. Pressure testing, chlorination and testing of all new water mains and appurtenances, including and not limited to temporary blow -offs, chlorine injection `2_00 points, backflow device, per Public Works Standard, t as directed by City inspector, complete and in place. I LS 18. Submit sheeting or shoring design in accordance with the geotechnical report by a registered professional engineer. Install sheeting. shoring. and/or bracing as 7�0 7/ required for all trenching and excavation operations. i and confined spaces in accordance with these plans and as required by law. 1 LS 19. Over -excavate per geotechnical report specifically for the new pump station concrete pad. including and not r� limited to over -excavation; dispose of unsuitable soil, 1 r� removal of abandoned water pipeline, and shoring. I50 CY 20. Import and place backfill per geotechnical report specifically for the new pump station concrete pad, including and not limited to compaction, shoring, import of soil, and surface preparation. 140 CY 21 • Furnish and install new 400A (non -fused) 600V 3- Phase, double -throw switch in Nema-3R enclosure with identical lock to existing transformer enclosure. Mount with unistrut to the side of the breaker compartment of the existing transformer enclosure. Switch will control existing and new pump station so that the stations will not both operate at the same time. Do not mount switch to the middle of the transformer section. 1 EA [We Item No. Description Quantit Unit Unit Cost Total Cost 22• Complete electrical termination at existing transformer to double throw switch, including connections to the new and existingconduit and w � �v 9-6 conductor to both the new and existing pump stations. l LS/T 23• Furnish and install new Sch 40 Gray PVC 4" conduit, typically minimum 20" below grade, including fittings, pavement sawcutting, trench excavation, pipe bedding, backfill, compaction, paving, appurtenances, _— surface repair, complete and operative in place. 80 LF 24. Furnish and install new 600V 600kcmil Cu Cables (100 LF = I CLF). (Brian, what is the voltage ratingj� requirement on these cables, 600V?) 3 CLF 25. Complete electrical termination at 400A MCC breaker 1 LS- 26. Furnish and install new 600V 11,12 Cu Cables (100 LF = I CLF). (Brian, what is the voltage ratima requirement on these 42 cables. 600V?) 1 CLF 27. Furnish and install new 1.5" galvanized steel conduit for 4 pumps (Need conduit material or other specification from Brian Gorda) including and not limited to brackets, appurtenances, anchors, surface repair, complete and operative in place. 200 LF 28. Furnish and install new 600V #3 Cu Cables (100 1T = I CLF). 2 CLF 29. Complete electrical terminations at the VFD or at the 8 EA pump motor. 30. Testing and commissioning of MCC with pump assembly, including and not limited to any necessary 2 �� c5J5o re -test and coordination with vendors that furnished all the City's pre -purchase equipment. 1 LS 31. Furnish and install new 8' tall chain link fence, in accordance to plans and specifications, including and not limited to concrete footings, poles, gate location 9c (exact location to be determined later by the City), f fittings, appurtenances, brackets, anchors, surface repair, complete and operative in place.. 85 LF C-7 llbll-- 32. Remove and replace interfering portion of existing chain link fence to accommodate the installation of new above ground 12" Ductile Iron restrained pipeline. 10 LF 33. Under a separate directive by the City Engineer, abandon existing 6" domestic service on Goldenwest which provides domestic water to the existing pump station, including and not limited to capping the service per City Standard, capping the abandoned � 70o 191, TC(70 service pipe, removal of the existing concrete service � vault, appurtenances, salvage and return water meter & appurtenances to the City water yard as directed, backfill, compaction, surface replacement with new concrete slab per City Standard, complete and operative in place. 1 LS J4• Demobilization and Cleanup 1 LS C�5©0 / S6C TOTAL BID AMOUNT (IN FIGURES) S 4ngS 6 TOTAL BID AMOUN`J;,IN WORDS: 69 Notes: All extensions of unit prices will be subject to verification by AGENCY. In case of verification between the unit price and the extension, the unit price will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-8 7q 4— 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 (by percentage of the total bid) the work to be done by such subcontractor. l'orhon z � Name of Subcontractor andA ddressStaie :. -. -- �";% : �'��:: fix. •�;'f�,s: �,.� >5 icense -� -: '-�.�,r,%�"� 44 1=% oe'lY,8 Cte4 n �� F�_s, 4C) qq By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work that 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-9 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California Fx*1 County of Orange MP, r-F9W , being first duly sworn, deposes and says that he or she is ? t-P-s 1 a0,3fi of W(TV0 �'& the parry 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 Signature of Bidder 6 LE NPA-L-k- I LH- 91 ;?0 3 Address of Bidder Subscribed and sworn to before me this day of 12009. NOTARY PUBLIC NOTARY SEAL U a• SORINA ZIAFATHY COMM. # 1779776 C-10 NOTARY PUBLIC • CALIFORNIA LOS AN©SLES COUNTY 0 2011.`` UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance ofthe work specified in the contract, known as CENTRAL PARK PUMP STATION, CC No. 1268, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders. and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned. and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 7-�1 — O Lyi I I-Ev &\1aj mC-tZ1AI4 f GO%JS7I�uGT60Ri, JAi- . Contractor qJ0421��� By pi�rt- Title C-11 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 violation of law or a safety regulation? Yes X 0 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-12 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: %— ZI— o 7 uolteD CON5MuGT/oN. WC. Contractor By pM5,1 VEKIt Title .�E BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name 33(. N • Ctj, A'I— AI.P-�-# 1 o A - Business Address 61,6-r,JDAt,r-- , Gf1 912.63 (8)g ) &(o2-9095' Telephone Number Cjo 37 37 A :F State Contractor's License No. and Class g120 /07 Original Date Issued C) h o %q Expiration Date The work site was inspected by 2009. Of our office on The following are persons, firins, and corporations having a principal interest in this proposal: /LE 2A Ffto - Pit f-S t I TT JI11f+tQ M41651k - SP-G9-ElIK 661W EI.L C 1 LLZ NVVATf-4, - Gf D C-15 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. UN I J-EV iEW41NIEE►2/>,16 I" 6ZAUTMic7-/OAJ, iNX- Company Name Signature of Bidder Printed or Typed Signature 33(. N- CFAA� AVe • # I1)-A aL,17-NPA L,8 GA- 91203 Address of Bidder ( SIR ) (06z -EDS; Telephone Number H 1� Subscribed and sworn to before me this day of 2009. NOTARY PUBLIC % d C-16 NOTARY SEAL LOLO M.SAROYAN Commission # 1608409 Notary Public - California Los Argeles County My Comm. Expires Sep 22, 2009 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: Name and Address Name and Telephone No. of Project Manager: Allatis; e o-'�T at o _ -99 Contract Amount Type of Work Date Completed A 9ka,,.^ ng cA- ql ya Name and Address Name and Telephone No. of Project Manager:,' ( rys/ (7m) i$ 3 —26 77 Contract Amount Type of Work Date Completed 3. Gcc, & &W (-0S �j'O o % ,y,.scsr�r %� t ��,►���1 Name and ddress Name and Telephone No. of Project Manager: f,� os�,., 007) 7,59E —,S Rj6 Contract Amount Type of Work Date Completed C-17 -1 S INSC6 N OR -MICE SERVIC, S INC. !6dwfi6ky 0o*Ohy,qf C mia -f7�8'0', Fitc.6�,su&-200 e1ndhe, U-6ka-MM 14 1 (940)263.1366 81080,N171) BOND NO. NIA KNOW ALL MEN'by THESE -PRESENTS, That we, United Engineering 4, Construction, Inc. as Principal, and Developers Surety and Indemnity Company a:co(poration authorized to: transa the State Iowa h 01fir firmly ct a goqkt suret y e e, M bound -unto City of Huntington Beach (hereinafter called the Obligee) in the full Just gum Of and, Ten Percent of Amount Bid Doijars,{s, 10% of Bid j for the- payment whereof In-, tamiful 4bdnoy of-the,'United:-State's We bind outselv.es, our heirsi administrators, executors, successors and assigns, ,,j6intly,and,severally, firmly by thesepresents, WHEREAS, thpspid PRINCIPAL has,subfriltt6d the"app-pMpanying bid for Central Park Pump Station CC No. 1268 -Ekt -Ok -1 Ah er R enter into a NOW, irH, W, if thg�. Obfigee shall a bid in grid Contract with th6,ObIi9q0fi accordance with the terms of such ::bi ,0rih:#*,eve0t0fthe "f to -enter such -Contract, If thei Prih-cioal-sb6il pay to We Obligee ,_,the .,difference trot to exceed the Ipenalt"'yh ben the, etedf, b amount in, id bid acid -such la'tgpo. amount #or'which the _Obhgee may in g- 6-'W faith ddnfikt 10fitli another -pa fty to. -perform theWb* covered by said bidihen this:obligation shall be -null and void, otherwiseto remain in -full 1brce and effect.' Signed and Sealed this 15th day of July _2009-- YM United Engineering & Construction, Inc. Developers Surety and Indemnity Company By: Sueety Pdncpal Chris Lydick +lttorri y'=in Fact ID-1198 (Old Bo4d) (REV, i/01) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: *** Bart Stewart, Chris Lydick, jointly or severally *** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorneys) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the allomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1 st, 2008. By: AND ;'Q� ........,. ., Stephen T. Pate, Senior Vice President p0R4 y OCT. K By. �`, 1936 'o Charles L. Day, Assistant Secretary State of California County of Orange On August 13th2008 before me, Jenny TT Nguyen, Notary Public Date Here Insert Name and Title of the Officer personally appeared i Place Notary Seal Above T. Pate and Charles L. Da Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offici*Je(TT Signature CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the '5—'dti�ay off . i By: Albert Hillebrand, Assistant SZcretary ID-1380(Wet)(Rev.07/07) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On Da e per onally appeared before me, Stephanie Bondurant, Notary Public Here insert Narne ana Tile of tie Officer Chris Lydick STEPH E BONDUR9T Commission # Ca Somia 53838 Notary Public - "® �y CommSan Diego County Expires Njor 24,1201 _ Nainels; --ofrsl who proved to me on the basis of satisfactory evidence to be the person7whose nam&�S) isr re subscribed to the within instrument and acknowledged to me that he+4ey executed the same in his,=rauthorized capacity;- and that by him,-eri- signa#urej,-.r7' on the instrument the person, or the entity upon behalf of which the personSt acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. Q Signature _ Pit.re No?ary Sea ktova __ _ _ ...-_-. OPTIONAL Though the inrormation below is not required by lave, it may prove valuable to persons relying on the document and could prevent rraudutent : emoval and raattachrnent of this Form to another document Description of Attached Document Title or Type of Document: Document Date: Stgner(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's NameChris Lydick Individual Corporate Officer — Title(s): - Partner -- __ Limited General x Attorney in Fact • �' Trustee Guardian or Conservator Other: - - -- -- -- -- — I _-- --- Number of Pages: __ - - Signer's Name: Individual Corporate Officer — Tite(sf Partner — Limited General Attorney in Fact Trustee Guardian or Conservator Other i Signer Is Representing: Signer Is Representine. LSC Construction FUGNT:THUMBPRI_NT OF Sr.WRI tjjh '.a Fi Jte.\ Z�OT'di:U':•93_ ScID r.':k �C Bos r?��.._ ..'�: .-�'M1 CA Di_ _-_+Q_�` _ti .4•).'Fi cUC.-.d� � - =.r_ rc',. k-14cl- aJr�C' �alT., -F'&P City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK October 2, 2009 West Coast Backhoe Services, Inc. 10681 Chestnut Ave. Stanton, CA 90680 RE: CC-1268 — Central Park Pump Station Enclosed please find your original bid bond for CC-1268. Sincerely, n Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister C�/�osltov�l�as��rt�/�etyrt�Q��F� New Zealand 1 (Telephone: 714-536-5227 ) 2009 JUL 21 Fly i' 51 "SEALED BID" For CENTRAL PARK PUMP STATION CC No. 1268 In the CITY OF HUNTINGTON BEACH — DO NOT OPEN WITH REGULAR MAIL SECTION C PROPOSAL: - for the CENTRAL. PARK PUMP STATION CC No. 1268 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 I:;ngineer of the City of' Huntington Beach. and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule. 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 fol'fCitUYC 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 -uaranteed for a period of'sixty days (60) fi-om 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. P C-I 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 mill and void. Bidder Bond $250,000 00 Accompanying this proposal of bid. find in the amount of$ wtiich 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 Signalitre C -? PROJECT BID SCHEDULE CENTRAL PARK PUMP STATION CC No. 1268 BID ITEMS Item No. I Description Quantity Unit Unit Cost Total Cost 1 Mobilization 1 LS 2,549.00 Furnish and install 10x10x10 connection Ductile Iron tee per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, a 10" resilient wedge gate valve just on the west side of the new tee with valve box per City's Standard 612, a 12" resilient wedge gate valve with valve box per City's Standard just on the south side of the new tee, a new 10x12 expander, all potholing, pipe draining, disinfection, fittings, couplings, appurtenances, pavement saw -cutting and removal, excavation, backfill compaction, encasement, joint bonding, cathodic protection, joint thrust restraint, concrete thrust blocks, concrete gravity blocks, pavement replacement, surface repair, complete and in place. 1 LS $7,547.47 Furnish and install new 12" Ductile Iron restrained pipe, between the downstream from the new 10x10x10 tee to the point of connection to the existing pump station discharge end, both below ground, with portion above ground, supported by reinforced concrete pedestals, including and not limited to fittings, 90-degrees rigid Ductile Iron elbows, butterfly valves, mechanical joints, flange fittings, excavations, soil import, soil disposal, joint bandings, cathodic protection, joint thrust restraint, anode bed, 2 test stations, concrete thrust blocks, concrete gravity blocks, appurtenances, tree/shrub root pruning, tree/shrub trimming, surface repair, connection to the existing pump station, complete and operative in 3 place. 40 LF $8,824.60 Furnish and install 20x20x12 connection Ductile Iron tee per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, 12" resilient wedge gate valve with valve per box City's Standard 612, all potholing, pipe draining, disinfection, 4 fitting, couplings, appurtenances. 1 LS $10,243.28 C-3 Item No. Description Quanti Unit Unit Cost Total Cost pavement saw -cutting and removal, excavation, backfill compaction, encasement, joint bonding, cathodic protection, joint thrust restraint, submittals, and pavement replacement, complete and in place. As an alternative to a cut -in tee (item 4 above), hot tap existing 20" PVC main per Public Works Standard, including and not limited to concrete thrust blocks, concrete gravity blocks, 12" resilient wedge gate valve with valve per box City's Standard 612, all potholing, fitting, couplings, appurtenances, pavement saw -cutting and removal, excavation, backfill, compaction, encasement, joint bonding, joint thrust restraint, submittals, and pavement replacement, complete and 5 in place. 1 LS 11,690.52 Furnish traffic control in Goldenwest for the installation of new 12" pipeline, in accordance to the specifications, 6 complete and in place. 1 LS 4,500.00 Furnish and install new 12" Ductile Iron restrained TR Flex pipe from Goldenwest to Central Park, below ground, including and not limited to fittings, mechanical joints, pavement sawcutting, trench excavation, joint bonding, anode bed, cathodic protection, pipe bedding, backfill, soil import, soil disposal, compaction, paving, appurtenances, surface repair, complete and operative in place. Prior to construction, complete pothole 7 information, and provide a submittal. 150 LF 22,813.27 When necessary to avoid conflict with existing substructures along Goldenwest, furnish and install new Ductile Iron vertical offset, maximum of 3-vertical feet for 12" ductile iron pipeline. Vertical offset to include 2- each 22.5-degrees Ductile Iron fittings, concrete thrust bocks per City Standard 614, trench excavation, pipe bedding, compaction, joint bonding, cathodic protection, 8 appurtenances, complete and operative in place. 1 EA 2,479.93 When necessary to avoid conflict for the proposed 12" ductile iron pipeline on Goldenwest, or along the discharge end of the proposed pump station, furnish and install new 2" air vac & release assembly per City 9 Standard, including and not limited appurtenances. 2 EA 5,060.25 C-4 Item No. Description Quantity Unit Unit Cost Total Cost Furnish and install new 10" RPPD backflow device per City Standard, including and not limited to rigid fittings, appurtenances, concrete pad, reducers, expanders, concrete slab, joint bonding, concrete thrust blocks, joint thrust restraint, surface repair, 10 complete and in place. 1 EA 14,134.56 Furnish and install new 12" Ductile Iron restrained TR Flex pipe, between the downstream from the new 10" backflow device to the point of connection to the suction side of the new pump station, above ground, supported by reinforced concrete pedestals, including and not limited to fittings, mechanical joints, concrete thrust blocks, joint thrust restraints, air -vac & release, excavations, soil import, soil disposal, joint bandings, appurtenances, tree root pruning, surface repair, connection to the new pump station, complete 11 and operative in place. 100 LF 38,369.74 Furnish and install new 12" Ductile Iron restrained Flex pipe, between the discharge side of the new pump station, to the new tee located within the limit of the existing pump station, above ground, supported by reinforced concrete pedestals, including and not limited to fittings, check valves, butterfly valves, restrained flexible couplings, mechanical joints joint thrust restraints, excavations, joint bandings, appurtenances, connections on both end of the pipe, surface repair, complete and 12 operative in place. 15 LF 20,428.68 Furnish and install new 4" CPVC pressure release pipeline, including and not limited fittings, elbows, anchors, concrete footings, testing, appurtenances, connection to the new pump station, surface repair, 13 complete and in place. 45 LF 3,392.53 Install City furnished pre -purchased equipment, MCC and pump station assembly, in accordance to plans, specification, vendor requirement, including and not limited to plates, rods, brackets, appurtenances, anchors, surface repair, concrete pads, survey finish concrete pad elevations, complete and operative in 14 place. 1 EA 18,434.81 C-5 Item No. Description Quantity Unit Unit Cost Total Cost 15. Cut and cap/seal the to be abandoned 12" high pressure waterline. including all excavation. backfill. 2, 508.4 appurtenances, and surface repair, as shown on these plans, per City Standard, complete and in place. 2 EA 16, Cut and cap/seal the 12" high pressure outlet adjacent to the 10'' high pressure waterline, including all , 208. 59 excavation. backfill, appurtenances, and surface repair, as shown on these plans, per City Standard. complete and in place. I EA 17. Pressure testing, chlorination and testing of all new water mains and appurtenances. including and not 2,740.00 limited to temporary blow -offs, chlorine injection points, backflow device, per Public Works Standard. as directed by City inspector, complete and in place. 1 C.S 18. Submit sheeting or shoring design in accordance with the geotechnical report by a registered professional 4,600.00 engineer. Install sheeting, shoring, and/or bracing as required for all trenching and excavation operations, and confined spaces in accordance with these plans and as required by law. 1 LS 19. Over -excavate per geotechnical report specifically for the new pump station concrete pad, including and not 11 035.0 limited to over -excavation, dispose of unsuitable soil. , removal of abandoned water pipeline. and shoring. 150 CY 20• Import and place backfill per geotechnical report ,475.93 specifically for the new pump station concrete pad, including and not limited to compaction. shoring. import of soil, and surface preparation. 140 CY 71 • Furnish and install new 400A (non -fused) 600V 3- Phase, double -throw switch in Neia-3R enclosure with identical lock to existing transformer enclosure. Mount with unistrut to the side of the breaker compartment of the existing transformer enclosure. Switch will control existing and new pump station so that the stations will not both operate at the same time. Do not mount switch to the middle of the transformer section. I EA 6,787.20 C-6 Item No. Description Quantity Unit Unit Cost Total Cost 22. Complete electrical termination at existing transformer to double throw switch, including connections to the new and existing conduit and conductor to both the new and existing pump stations. 1 LS 5 23 Furnish and install new Sch 40 Gray PVC 4" conduit, typically minimum 20" below grade, including fittings, pavement sawcutting, trench excavation, pipe bedding, backfill, compaction, paving, appurtenances, surface repair, complete and operative in place. 80 LF 1 260 Od 24. Furnish and install new 600V 600kcmil Cu Cables (100 LF = 1 CLF). (Brian, what is the voltage rating requirement on these cables, 600V?) 3 CLF 3,071 .25 25. Complete electrical termination at 400A MCC breaker 1 LS 26. Furnish and install new 600V 42 Cu Cables (100 LF = . I CLF). (Brian, what is the voltage rating requirement on these 92 cables, 600V?) I CLF 399-00 27. Furnish and install new 1.5" galvanized steel conduit for 4 pumps (Need conduit material or other specification fi-om Brian Gorda) including and not limited to brackets, appurtenances, anchors, surface repair, complete and operative in place. 200 LF 3,150.00 28• Furnish and install new 600V 43 Cu Cables (100 LF = I CLF). 2 CLF 29• Complete electrical terminations at the VFD or at the PUMP motor. 8 EA 630.00 30• Testing and commissioning of MCC with pump assembly, including and not limited to any necessary re -test and coordination with vendors that furnished all the City's pre -purchase equipment I LS MA Rn 31. Furnish and install new 8" tall chain link fence, in accordance to plans and specifications. including and not limited to concrete footings, poles, gate location (exact location to be determined later by the City), fittings, appurtenances, brackets, anchors, surface repair, complete and operative in place.. 85 LF 8,064.00 C-7 Q. Remove and replace interfering portion of existing chain link fence to accommodate the installation of 200.00 1 new above aground 12" Ductile Iron restrained pipeline. 10 1_F >> Under a separate directive by the City Engineer, abandon existing 6" domestic service on Goldenwest which provides domestic water to the existin(' pump ` station, including and not limited to capping the 9,793.75 service per City Standard, capping the abandoned service pipe, removal of the existing concrete service vault, appurtenances, salvage and return water meter & appurtenances to the City water yard as directed, backtill, compaction, surface replacement with new concrete slab per City Standard, complete and operative in place. I LS 34 Demobilization and Cleanup I LS 1 , 000.0( TOTAL BID AMOUNT (IN FIGURES) S $228,613.77 TOTAI. BID AMOUNT IN WORDS: Two hundred & twPni--y t—i clht thol�salgd six hundred & thirteen dollars & seventy seven cents .Voles: All extensions of unit prices will be subject to verification by AGENCY. In case of a verification between the unit price and the extension. the unit price will ('overn. The AGENCY reserves the right to reject any or all proposals and bid items. C-8 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-halfofone percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion of Work r� Name of Subcontractor and Address State License Number Class 0I0 Precision Engineering Surveyor LS3983 O)b Alcorn Fence Company 122954 13y submission of this proposal, the Bidder certi Iles., I . That he Is able to and will perform the balance of all work that is not covered in the above SUbcontractor's IISLimy 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMTTED WITH BID State of California ss. County of Orange Brian Schmel, being first duly sworn, deposes and says that he or she is Proiect MGR of West Coast Backhoe Services, 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. West Coast Backhoe Services, Inc. Name of Bidder SijQature of Oder 10681 Chestnut; Stanton, CA. 90680 Address of Bidder Subscribed and sworn to before me this 21" day of July , DINA M.ZALDANA COMM. # 1731468O'n NOTARY PUBLIC-CALIFORNIA ORANOE ' NOTARY PUBLIC My Comm. Exp MAR.15, 2011 NOTARY SEAL C-10 ACKNOWLEDGMENT State of: California County of: Oy-cne� e On J� )0,10091 _,before me 1�i Mi. ZaL-6ria-x=(.N�ryrU►� (here insert name and title of the officer) personally appeared Br icj,n S�hcrm�l� Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person NN whose nameK isle subscribed to the within instrument and acknowledged to me that heUee/thgy executed the same in his/h*qr/th it authorized capacity(iW, and that by his/her/their signature,&SYN"on the instrument the person(s),11-or the entity upon be half of which the person acted, executed the instrument. WITNESS my hand and official seal .�°�;.�UINA M. ZALDANA COMM. # 1731468 rA :'-✓ NOTARY PUBLIC •CALIFORNIA N ORANGE COUNTY MY COMM. EXP MAR. 15, 20N Signature (Seal) UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the perlbrmance ofthe work specified in the contract, known as CENTRAL PARK PUMP STATION. CC No. 1268, (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 ofexperience or instruction, is familiar with the operation to be perlormed and the hazards involved." The undersigned also promised and agrees that all such wort: 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: 07-21-09 West Coast Backhoe Services In Contractor By Dana G. Layton, C.F.O Title Coil DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 143 10.5, 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 �: J 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-12 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: July 21, 2009 West Coast Backhoe Service, Inc. Contractor By Dana Layton / CFO Title C-13 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 ofthe 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 Idew ficution Number: West Coast Backhoe Services, Inc Contractor Brian Schmel, Proj. Mgr. Title Date: 07-21 —09 Note: This form is required I'm- every Dig Alert Identification Number issued by U.S.A. during the course ofthe Work. Additional forms may be obtained from the AGENCY Upon request. C-14 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: West Coast Backhoe Services, Inc. Bidder Name 10681 Chestnut Avenue Business Address Stanton, CA. 90680 (714) 816-0932 Telephone Number #639268 Classification A State Contractors License No. and Class Original Date Issued 03/31 /2011 Expiration Date The work site was inspected by Casey G. Layton & Brian Schmel of our office on July 13, 2009. The following are persons, firms, and corporations having a principal interest in this proposal: Dana r Layton Brian Schmel Casey G. Layton C-15 11 • WEST COAST SACIIHOE SERVICES, INC. CONSTRUCTION & EQUIPMENT AWNRL "WE DIG OUR WORK" 'A' LICENSE #639268 Demo • Pipeline • Sewer • Water Casey Layton 10681 CHESTNUT AVE. (714) 816.0932 —� STANTON, CA 90680-2458 (714) 826.5903 Fax C ONTRACTCRS.STATE, UC coeeomo� ACTIVE UCEl�,4 oge A>3tY r: iv' .• >F asp.... p. .�u� ' f tiRP BACKHINC 1: OESFiVEC�S'':,.. ..I. .�.. 03/31/201 t `. s a l" The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. West Coast Backhoe Services, Inc. Company Name g. Lire ' der Brian Schmel, Proj. Mgr. Printed or Typed Signature 10681 Chestnut Ave; Stanton, Ca. 90680 Address of Bidder ( 714 ) 816-0932 Telephone Number Subscribed and sworn to before me this a2 t s4 NOTARY PUBLIC: f4 C-16 day of j w DINA M. ZALDANA Comm. # V31468 rn OF*MyComm.Exp NOTARY PUBLIC-CALIFORNIA V' ORANGE COUNTY MAR. 15, 2011 i NOTARY SEAL ACKNOWLEDGMENT State of: California County of: On ,, A 21. ` DC>0k , before me-D\� M. ��Atl1aA- (here insert name and title of the officer) personally appeared -?j i\0.V\ � Tnn ea Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon be half of which the person(s) acted, executed the instrument. WITNESS my hand and official seal DINA M. ZALDANA coMM. # 1731468 rn ORANGE COUNTY Lip NOTARY PUBLIC•0 llP U11A MY COMM. UP MAR. 15� 2oil Signature (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. City of Garden Grove Pub. Works Dept,13802 Newhope St; Garden Grove, CA.92843 Name and Address Name and Telephone No. of Project Manager: Les Ruitenschild (714) 741-5348 $140,050.45 Replace 31 Gate Valves k various locations in city 04/20/09 Contract Amount Type of Work Date Completed 2. Eleven Western Builders, Inc. - 2862 Executive Place.; Escondido, CA. 92029 Name and Address Name and Telephone No. of Proj. Mgr: Scott Butler & Amalea Benning (760) 796-6346 $1,200,000.00 Underground Utilities 09/02/08 Contract Amount Type of Work Date Completed 3. Savant Construction, Inc. — P.O. Box 636; Chino, CA. 91708 Name and Address Name and Telephone No. of Project Mgr.: Rick Zerillo (909) 614-4300 $54,151.92 Sanitary Sewer Laterals per plans & specifications 01/20/09 Contract Amount Type of Work Date Completed C-17 Western Surety Compani BID BOND (Percentage) Bond Number: 15332538 KNOW ALL PERSONS BY THESE PRESENTS, That we West Coast Backhoe Services, Inc. Of 10681 Chestnut Ave, Stanton, CA 90680 , hereinafter referred to as the Principal, and Western Surety Compapy as Surety, are held and firmly bound unto City of Huntington Beach of 2000 Main St, Huntington Beach, CA 92841 hereinafter referred to as the Obligee, in the sum of Ten ( io %) percent of the greatest amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for --- Installing Pump Station for City of Huntington Rea(-h NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specked in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 21 s t day of Ju 1 y 1 2009 West Coast Backhoe Services, Inc. (Principal) gy ® (Seal) Western Surety Company (Surety) By (Seal) John Mag son Attorney -in -Fact Forth F5876 Western S POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint John Magnuson of San Diego State of California with limited authority, its true and lawful Attorney -in -Fact, with full power and authority hereby conferred to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, the following bond: One 10% Bid Bond bond with bond number 15332538 for WEST COAST BACKHOE SERVICES, INC. as Principal in the penalty amount not to exceed: $ 250, 000.00 Western Surety Company further certifies that the following is a true and exact copy of Section 7 of the by-laws of Westem Surety Company duly adopted and now in force, to -wit: Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attomeys-in-Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its 2009 Senior Vice President with the corporate seal affixed this 21st day of July ATTEST WEST /SU%REET COMPANY By — A. Vietor, Assistant Secretary Paul T. Bruflat enior Vice President STATE OF SOUTH DAKOTA ss COUNTY OF MINNEHAHA On this 21st day of July 2009 before me, a Notary Public, personally appeared Paul T. Bruflat and A. Vietor who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Senior Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. }444yhS�ibby4b+sh A4hay04h44 + f D. KRELL J 8NOTARY EAL 8 PUBLIC E i D SOUTH DAKOTA a +h4h4444h4444�sbS44h4hh4h + NotaryPublic My Commission Expires November 30, 2012 elk Form 672-9-2006 t®0 ❑ Acknowledgment of Principal ® Acknowledgment of Surety (Attorney -in -Fact) STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss On July 21 st, 2009 before me, Kimberly Childers - A Notary Public date here insert name and title of the officer JOHN MAGNUSON personally appeared nameO of signerO who proved to me on the basis of satisfactory evidence to be the person(-) whose name() islom subscribed to the within instrument and acknowledged to me that heh� executed the same in his nir authorized capacity(ies), and that by his/herftheir signature( on the instrument the person(s), or the entity upon behalf of which the person(,&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS n1v hand and official seal. Signature KIMBERLY CHR.DERS Q COMM. #E1666418 NOTARY S ORNIA wry (Seal) WCOM 0 MOW t,2010.s (The balance of this page is intentionally left blank.)