The URL can be used to link to this page

Home My WebLink AboutCORRPRO COMPANIES, INC., - 2006-08-07RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to a.�t f U,( , A R 6— City Clerk's Office (Name) ' ^ after signing/dating 51�1%7 (Date) CITY OF HUNTINGTON BEACH F�B INTERDEPARTMENTAL COMMUNICATION TO: Sha ' reidenrich, City Treasurer FROM: DATE: —z SUBJECT: Bond Acceptance I have received the bonds for ��/��iP��( /�iJs�i9�c//C—T /�Xj L: (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. % 46 MSC No. Approved (Coup it Approval Date) Agenda Item No. City Clerk Vault No. ZV)19, -50 #27. gJfollowup/bondletter.doc RECEIVED BY. CITY CLERK RECEIPT COPY „ Return DUPLICATE to City Clerk's Office (Name)' j" after signing/dating (Date) CITY OF HUNTINGTON BEACH F�m INTERDEPARTMENTAL COMMUNICATION TO Shari reidenrich, City Treasurer FROM DATE SUBJECT Bond Acceptance I have received the bonds for Faithful Performance Bond No Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No CC No MSC No Approved (Co ncil ppr&al Date) / (Company Name) Agenda Item No. City Clerk Vault No 6m , -5p gj�/06 f #27 g /followup/bondietter.doc City 9 of Huntington Beach [OLD INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Eric R. Charlonne, Construction Manager DATE: April 30, 2007 SUBJECT: Retention Release Payment Company Name: Corrpro Companies, Inc. Address: 13011 Florence Avenue City, State and Zip Code: Santa Fe Springs, California 90670 Phone Number: (562) 944-1636 Business License Number: A 233474 Exp. 11/07 Local Address: Same as above Notice of Completion Date:April 9, 2007 Contract Purpose: Release of remaining 10% money to contractor from Cash Contract No.1276 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 Ak,(/ Robert F. Beardsley, Public Wo s Director I certify that there are no outstanding invoices on file. -jV-vim Date ari Freydenrich, 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. Date �„ Joan Q Flynn, City Clerk Reten. Release Memo 4/30/2007 1:35:00 PM PLEASE COMPLETE THIS INFORMATION • RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: 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: Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIlIIIIII!Illiill111111111111111111111111111111111111111111111111111111111No FEE 200700023594012:45pm 04/12/07 227 192 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 HIS SPACE FOR RECOR 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 Corrpro Companies, Inc. who was the company thereon for doing the following work to -wit: 20" DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION; CASH CONTRACT NUMBER 1276 That said work was completed March 29, 2007 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 December 26, 2006, per City Council Resolution No. 2003-70 adopted October 6, 2003. - --That upon said contract ACSTAR INSURANCE COMPANY was surety for the bond given by the said company as required bylaw. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this April 3, 2007. (rector of Public s or City Engineer ?0C ity of Huntington Beach, CaliforniaSTATE OF CALIFORNIA _ County of Orange ) ss: - —1-- - City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this April 3, 2007. , Director of Public W rks or City Engineer ity of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) -O'.059-TITLE PAGE (RV95) CONTRACTOR'S CERTIFICATE I, i l o n C-k Ck V-n k cr► s , state and certify that: (Name of Declarant) V 1. Yv/ r k 2S is the general contractor to the City of Huntington Beach ("City") on Contract No. 12-7 6 (the "Contract") for the construction of the public work of improvement entitled: 1 J011 bowakowv\ WcAe_�/ �ra►�►�w,►SStO�'1 N\cwk v� I wnl,)ress ect CU rrtnA C t6st,c. TY—A zAkor\ v \% e 1 Ahok R P-ka hithe "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"): Not�E 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"): 0A I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at G Ve— 6 on this _� day of ,r6 , 2001. I's (Signature of Declarant) APPROVED AS TO FORM By: a)L - �%►-7 t Name: [Type Name] Title: [Type Title] 1 245914.1 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: 20" 60w►n (9,,,,, WV_Je✓ _j V-ah5m �5 S(O V\ U1n \ynj)►-e.SS2d (&.)rrfn� C(_,JtJ0 LC �IrOAec4onl We.(I Ahtd-e_ Ae►xxb . 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 A e raj , 20_03, at S c-n -e: S $California. - - cor(()fo C0 an(eSAnC. (Type Contractor Name) Name: [ e N tr-Tm Title: [Type Title] ,AS`O)@0vCrttA CITY ATTORNEY -fZS Us- ab • 0-(p 247542.1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: .City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: 2-_7 I� - — - - - - - - --------- I Project: ;W I, �OW c�c,v t o o Nct` I1 reSSe Cure Lct c tC { ro LC 1-tc� IrL , ell r700-e- Retictfo. 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. nn Executed this _ _ day of �t r c 20_02, atSa �� ,California. �rr ro Lo rv"\Q CA VI I e5 h� . (Type Co tractor Name By: Name: [Type Name] — kAORNEY*641�_7- (-,) __ Title: [Type Title] cGR II� Q\0►'� C�1.CJ��'�rS V,�t-Ary ( � k'o R KCtM?,YIL) 3 • 2Y6 " UP 245911.1 CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT (CIVIL CODE 3262 (D) (3)) Upon receipt of a check from City of Huntington Beach (Maker of Check) in the sum of $ 29,046.10 made payable to Corrpro Companies Inc. (Amount of Check) (Payee or Payees of Check) and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release the mechanic's lien, stop notice or bond the undersigned has on the job of City of Huntington Beach, Contract No. 1276 (Owner) located at 20" Downtown Water Transmission Main Impressed Current CP Well Anode Rehab. (Job Description) This release covers the final payment to the undersigned for all labor, services, equipment, or materials furnished on the job, except for disputed claims for additional work in the amount of $ 0.00 . Before any receipt of this document relies on it, the party should verify evidence of payment of the undersigned. Dated: April 9, 2007 Corrpro Companies, Inc. (Company Name) By: Diana Bobadilla, Office Administrator NOTE: This form of release complies with the requirements of Civil Code (d)(3). It is not effective until the check that constitutes final payment has been properly endorsed and has cleared the bank. 13011 FLORENCE AVE., SANTA FE SPRINGS, CA 90670 TELEPHONE (562) 944-1636 FAX (562) 946-5634 J. 1A Document G707" - 1994 BOND NO. F18486 Consent of Surety to Final Payment -AR-C"H-1 T-E—CT—'S,VR6j-0bfKijM-EfE' OVVNER El Cash Contract #1276 CONTRACTFOR: 20-inch water Transmission Mai UCHffECT F3 City of Huntington Beach Impressed Current Cathodic Protection Well Anode Rehabilitation CONTRACTOR 0 TO OWNER, (Nt tme ernd adeiress.i CONTRACT DATED: SURETY [I City of Huntington Beach 2000 Main Street OTHER 0 Huntington Beach, California 92648 la accordance with the provi,4o;ts of tile, coutract between l qhe Ovetter and the C'omrwtor as iricfic,:ated aboc the 'hiven name atid address qt'Swwl V) ACSTAR Insurance Company 233 Main Street New Britain, Connecticut SURETY, on bond of (hiseet, nt'une and address of Coritractor) Corrpro Companies, Inc. 13011 Florence Avenue Santa Fe Springs, California 90670 Cf DNTR.ACTOR, hereby approves of the final payinent to the Contractor, and agrees that final pay meut to the Cofttractar shall flof relieve the Surety of any of its obligatiortis to (Insert izatrw and c0dres's ,raft Oivpur) City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 OWNER, a,s, set tbrth insaid Stlfrety�,I bcn,kd, IN WITNESS N-\7I1ER1E'0F, the � urvty has it-,y hand oft Lhk date: May 2, 2007 (hisert hi writing dw mon1h.fitflowtod bY thentaneric date and )war. U A0est: , 11 //,� � Sea]): ACSTAR Insurance Com an Henry W. Nozko, Jr., President (Prinied naiiw ivid 'CA'U`T1r,'.)N: You shl,')Wd rsi�jtt art wigirial Al,`; Go9`.,unlenlj on W�hicfV0,roiis appnts in 4n changes wOf friol, be, ubsco-%,,,d, ,�YZ6��u��n—t —G7UI- - —t970 9"5-4b'-y -r'h-aA—m—arjo—an1n —sMu—te -J A—r-c-h i —ta-�—As— —AJ-1 r __..,A....._._. _.es- -res-e- 7s, -A p*UN� `Arrd tay 11,1,, cop"YT10N, t,av,,an"I't lnternalkflgat LinxntX�rxinsd ratan 0,duct, on oft,lors t,hr arn", porvion of ft, n1lay ricyver,r3 &nd crlrnlnai and w4l be 1� .�tu nwmlanUM rl�,'t6,-nt pot~KJWV tfnJIeT the kri1v. PurOiaserrii are pormftlod to coprodooe ton k 10) copless of ths oocurnent when completed, Torepeot ropyrigo 0olations of A14 Contract Documetim, e- mail Tho Amencan fnefituta W ter: hloch i+iqal counsel, RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTING TON BEACH INTERDEPARTMENTAL COMMUNICATION TO: �Sh ' reidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for 001,�-)460 �iS�xJ/ L ( ompany Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No Approved /��- . Agenda Item No. - . ze (Coup it Approval Date) City Clerk Vault No. #27 g:/followup/bondlettar doc i��_ ACSTAR INSURANCE COMPANY 233 MAIN STREET • P.O. BOX 2350 • NEW BRITAIN, CT W050-2350 • (860) 224-2000 Bond No. F18486 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that We CORRPRO COMPANIES, INC., 13011 Florence Avenue, Santa Fe Springs, California 90670 as Principal, and ACSTAR INSURANCE COMPANY, 233 Main Street, Post Office Box 2350, New Britain, Connecticut 06050-2350, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 hereinafter called the Obligee, in the penal sum of ONE HUNDRED TWENTY THOUSAND SIX HUNDRED THIRTY ONE and 00/100 Dollars ($120,631.00) for which payment well and truly to be made we do bind ourselves, our heirs, executors, administrators and assigns, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that: WHEREAS, the Principal entered into a certain contract with the Obligee, dated ?'O for ONE-YEAR 100% MAINTENANCE BOND, which contract and the spe ifications therefore shall be deemed a part hereof as fully as if set out herein. NOW, THEREFORE, the condition of this obligation is such that in the event any work performed or materials and equipment furnished were not performed or furnished according to the terms and performance requirements of the Contract, then Surety will make good the defects thereof which have become apparent before the expiration of one year from the date hereunder, provided such defects are caused by defective or inferior materials or workmanship, then this obligation shall be void; otherwise it shall be and remain in full force and effect. The foregoing obligation is subject to the condition that no suit or action shall be commenced hereunder after the expiration date of this bond. The Surety shall have no obligation to claimants who do not have a direct contract with the Principal. This bond shall not become effective until the work performed under this contract is accepted and the performance bond is released by the Obligees. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under :heir several seals this 2nd day of May, 2007 the name and corporate seal of each corporate parry being affixed hereto and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body. Corrpro Companies, Inc. LEST: (Princip _�A (Seal)0 By VFUER WASFO J McGRAT , City Attorney ACSTAR Insurance Company ATTEST: -5/ (Surety) (Seal) He ry . Nozko, Jr., President 233 MAIN STREET • P.O. BOX 2350 _ A��STAR NEW BRITAIN, CT 06050-2350 BOND NO. F18486 POWER OF ATTORNEY INSURANCE COMPANY (860) 224-2000 N2 25172 This Power of Attorney must have original corporate seal, and red and blue ACSTAR logo to be valid. Know all men by these presents: That ACSTAR Insurance Company, a corporation of the State of Illinois, having its principal office in the City of New Britain, Connecticut, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on September 28, 2006. RESOLVED, That the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) That the Chairman, the President, any Vice President and General Counsel, or any Attomey-in-Fact, may execute for and on behalf of the Company any and all bonds, under- takings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Corporate Secretary, or any Assistant Corporate Secretary, and the seal of the Company affixed thereto; and that the Chairman or President may appoint and authorize any other Officer (elected or appointed) of the Company, and Attorneys -in -Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested to by the Corporate Secretary. (3) The signature of the Chairman, the President, or a Vice President of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, and the signature of a facsimile to any certificate of any such power, and any such power or certificate bearing such fascimille signature and seal shall be valid and binding on the Company. (4) Such other Officers of the Company, and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. does hereby nominate, constitute and appoint HENRY W. NOZKO, JR., ROBERT H. FRAZER, DAVID A. PRICE, MICHAEL P. CIFONE, JOAN C. FORTIER, HENRY W. NOZKO III each individually, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, under- takings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding TEN MILLION DOLLARS ($10,000,000.00) each, and the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, Henry W. Nozko, Jr., President, has hereunto subscribed his name and affixed the corporate seal of ACSTAR Insurance Company this 28th day of September 2006. ACSTAR Insurance Company by "m* Henry W. 01alko Jr., PlAidWit STATE OF CONNECTICUT ) ) ss. NEW BRITAIN COUNTY OF HARTFORD ) On this 28th day of September 2006, before me, a Notary Public of the State of Connecticut came, Henry W. Nozko, Jr., President of ACSTAR Insurance Company, to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same, and the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signatures were duly affixed by the authority and direction of the said corporation, and the Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of New Britain the day and year first above written. OTAR Notary Public - Diane L. Plante I, the undersigned, Secretary or Assistant Secretary of ACSTAR Insurance Company, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy, is in full force and effect. In witness whereof, I have t ergunto subscribed my p�me as Secretary Assistant Secretary, and affixed the corporate seal of the Corporation, this n day of May 2007 Robert . Frazer/MichAV P. Cifone Secretary/ Assistant Secretary Company Profile Page 1 of 2 Company Profile ACSTAR INSURANCE COMPANY 233 MAIN STREET NEW BRITAIN, CT 06050 888-252-2799 Former Names for Company Old Name: JOHN HANCOCK PROPERTY AND CASUALTY Effective Date: 02-03-1989 INSURANCE COMPANY Old Name: CU QUALITY INSURANCE COMPANY Effective Date: 04-26-1984 Old Name: KEMPER SECURITY INSURANCE COMPANY Effective Date: 09-20-1982 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 22950 NAIC Group #: 0000 California Company ID #: 2180-8 Date authorized in California: January 16, 1975 License Status: UNLIMITED -NORMAL Company Type: State of Domicile: Property & Casualty ILLINOIS Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE http://interactive. web. insurance.ca.gov/webuser/idb_co_prof utl.get_co�rof?p_EID=5918 5/7/2007 D . (/ko 1,0�V�Q RECEIVED 7nnfi .1111. 24 PH 5: 40 Council/Agency Meeting Held: I.j. Deferred/Continued to: ;>YNCITY CF �O� ed0 BEACIr Appro ❑ Conditionally Approved ❑ Denied. City Clerk's Signature —j Council Meeting Date: 8/7/2006 Department ID Number: PW 06-051 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTEDTO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PEN OPE LBR RAFT, CITY ADMINISTRATOR PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR OF PUBLIC WORKS SUBJECT: Award 20-Inch Downtown Water Transmission Main, Well Anode Rehabilitation, CC1276 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On July 6, 2006, bids were received for the 20-Inch Downtown Water Transmission Main, Impressed Current Cathodic Protection Well Anode Rehabilitation, CC1276. Staff recommends award to Corrpro Companies, Inc., the lowest responsive and responsible bidder. Funding Source: Funds are budgeted in the Water Fund, Account 50691006.82100. With contingency and supplemental expenses, the full project cost will be approximately $150,000. Recommended Action: Motion to: 1. Approve plans and specifications, 2. Accept the lowest responsive and responsible bid submitted by Corrpro Companies, Inc., in the amount of $104,261.00; and 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 thirty percent (30%) in construction change orders. Alternative Action(s): Reject all bids, and provide staff with alternative direction. This action would delay completion of the project. REQUEST FOR ACTION MEETING DATE: 8/7/2006 DEPARTMENT ID NUMBER:PW 06-051 Analysis: Four miles of 20-Inch steel pipeline was installed in 1987 and equipped with a cathodic protection corrosion control system, which has successfully protected the pipeline against external corrosion, as there is no history of leaks. The primary elements of the cathodic protection system are three deep well anodes with design lives of 20-25 years. Field tests have indicated that the deep well anodes are nearing the end of their life span. This project will rehabilitate the existing cathodic protection system, which will extend another 20-25 years of external corrosion protection to the 20-Inch pipeline. On July 6, 2006, bids for the Award 20-Inch Downtown Water Transmission Main Well Anode Rehabilitation, CC1276, were received and publicly opened by the City Clerk and, are listed below in ascending order: Bidding Contractor Bid Amount Corrected Amount -Corrpro Companies, Inc. $104,261.00 $104,261.00 Farwest Corrosion Control Company $129,500.00 $129,500.00 American Construction & Supply Inc. $130,947.00 $130,947.00 Bid amounts were verified. The reference check for Con -pro Companies, Inc. provided acceptable responses from past clients. The engineer's cost estimate for this contract was $215,000, however, the bid result was approximately $111,000 under estimate. Staff determined that drilling contractors are currently faced with very little work opportunities, which lead to these favorable competitive bids. In addition to construction contract costs, the project will require supplemental services such as soils and materials testing, and corrosion analysis by outside firms. The City maintains on -call contracts with several reliable providers for these services. City staff will provide construction management and additional engineering support. Resolution 2002-119 authorizes the Director of Public Works to approve up to ten percent (10%) of the construction cost for change orders. Due to the unknown conditions that may be encountered while drilling three, 295-foot wells, authorization to expend up to thirty percent (30%) in construction change orders is requested. The increased contingency would fund the re -drilling of a well in the event that the drillers should encounter rock or other obstacles prior to obtaining full depth. Public Works Commission Action: On March 15, 2006, the Public Works Commission reviewed and recommended this project by a vote of 6-0-1 (Spencer absent). G:\R C A\2006\06-051 Ferrigno (Award CC1276 Corrosion Control 20-inch).doc -2- 7/20/2006 4:22 PM REQUEST FOR ACTION MEETING DATE: 8/7/2006 DEPARTMENT ID NUMBER:PW 06-051 Environmental Status: This project consists of rehabilitating an existing, City owned water main involving no expansion of capacity. The project is, therefore, Categorically Exempt pursuant to Class 2, Section 15302(c) of CEQA. Attachment(s): G:\R C A\2006\06-051 Ferrigno (Award CC1276 Corrosion Control 20-inch).doc -3- 7/20/2006 4:22 PM E Uj� Goldenwest St AnodeWell .... ... ..... Cl ""i Aie " I aketStre�et f °� ✓ 1 An'eWell�w ti _ — 7 �. , I t f 1 _ -� J C Y 4 ,r � r !E � _.i'"i €a",w w LLI ' 13 d �ve Avepue , VE 'f � � (.... >f _, .__.�_.. a x °ili �i�IPryh xu��f�y�if�h� 4 1�` � x'�� "� � �- c, ¢� i�,�� iP ¢ 3i i4� �ti Au� ��c'�rv� iif `�h ♦ - ,1 �.• .. __ E—..,..°::-.I ' �, Ex�tlr� �2�=11nchVIA®own//town I :C'�' :ter CC1276, 20-Inch Main CP Rehabilitation Map produced by information contained in the City of Huntington Beach Information Services Department Geographic Information System. Information warranted for City use only. Huntington Beach does not guarantee its completeness or accuracy. Map Produced on 7/11/2006 Iry W E S' CA 0 1500 3000 One inch equals 1500 feet MINOR NAMES CITY BOUNDARY STREET CENTERLINES (CLASS) Smartsbeet �✓ Major Collector IV Primary Al Secondary ' Residential Travelway Allev ISOBATHS ,, r HARBOR RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award 20-Inch. Downtown Water Transmission Main, Well Anode Rehabilitation, CC1276 COUNCIL MEETING DATE: August 7, 2006 RCA`ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not A licable Resolution (w/exhibits. & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable El Contract/Agreement (w/exhibits if applicable) Attached Not Applicable ❑ (Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. Attached Not Applicable ❑ (Approved as to form by City Attorney) Certificates of Insurance A b the Cit Attorne pproved y y y) Attached Not Applicable El( ❑ Fiscal Impact Statement (Unbudget, over $5,000) Attached Not Applicable ❑ Bonds (If applicable) Attached Applicable ElNot Staff Report (If applicable),- Attached Not Applicable El Commission, Board or Committee Re orIf applicable p ( pp ) Attached Not Applicable El � Findin s/Conditions for Approval and/or Denial g pp Attached Not Applicable EXPLANTS EXPLANATION' FOR RETURN OF ITEM: RCA Author: Andrew Ferrigno ' CITY OF HUNTINGTON BEACH 20'00 Main Street P.O. Box 190 H.unting,ton Beach, CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Joan Flynn Date: July 7, 2006 To: City Clerk's Office Project/C.C. No. CC1276 2000 Main Street Regarding:20-Inch CPAnode Well Rehabilitation Project Huntin-gton-Beach, CA 92648 ❑ .We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) .We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: Shop drawings ❑ Prints ❑Plans ❑Samples ❑Specifications El Copy of letter ❑ Change Order Other.: Original Proposals for CC1276 Item # Co ies « . Pa es„ : , „ K , , , Descri` tong ww.� 5b3. s, 1 1 na Proposals from the following contractors: Corrpro Companies Inc., Farwest Corrosion Control Company, American Construction Supply Inc 2 3. - 4 5 These are transmitted as checked below: For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution For your action ❑ Returned for corrections ❑ Return corrected prints ElFor review/comment ® Other: Remarks: Return Original Bidders Proposals for CC1276, 20-Inch Downtown Cathodic Protection Anode Well Rehabilitation Project Please contact me at extension 5291 with any questions yo m y have. c: file By: -An&Wehfg61P.E. A! 76cwe Engineer GAENGINEERING DIVISION\FERRIGNO\CC1276 20 INCH PIPELINE SURVEY\BID PROJECT\CC1276 TRANSMITAL TO CLERK, RETURN BIDS.DOC ' BID SUMMARY -20-INCH- DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION CC1276 BID DATE: JULY 6,2006 TIME: 2:00 PM ENGINEER'S ESTIMATE: $210,000 BID LIST .... ................. ................................ 130AMOU 8.10AMOUNTAMOUNT:: .. ........ 1 American Construction and Supply, Inc. 131 q 4�Z. 061) Cbrrpro Companies, Inc. z 3 D.V. Associates DenBoer Eng. & Construction 5 Engineered Plumbing D6 Farwest Corrosion Control Company 00 16Q 9. T6 7, Layne Christensen Co. 8 MESA Products, Inc. 9 West Valley Construction 10 11 12 13- 14 15 16 17 18 CC-1276 20 Inch Downtown Water Transmission Main Impressed Current Cathodic Protection Well. Anode Rehabilitation LIJ 00 •Z Nd 9-- Inc 60Z . G�y 5�.A F . . 3 u r3f � 7;5u-o SECTION A NOTICE INVITING SEALED BIDS for the 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION CASH CONTRACT No. 1276 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH,.as AGENCY, invites sealed bids -for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on June 29, 2006. Bids will be publicly open in the Conference Room B7'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 $40.00 nonrefundable fee if picked up, or payment of a $55.00 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. A-1 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 at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. 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 12th day of September 2005, by Resolution No. 2005-64. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 J ,10'UCITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: May 23, 2006 Project/C.C. No.: CC1276 Regarding: Pipeline Corrosion Control 20-Inch Main ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # Copies Pages Description 1 1 3 Notice Inviting Sealed Bids, CC1276 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: On March 15, 2006, the Public Works Commission authorized the advertisement of the Pipeline Corrosion Control Plan 20-Inch Transmission Main Project, CC1276. Please find attached the Notice Inviting Bids for this project. Please contact me at extension 5291 with any questions you may have. c: file By: Andrew Ferrigno P.E. Associate Engineer 611106 6 DADOCUMENTS AND SETTINGS\ESPARZAP\LOCAL SETTINGS\TEMPORARY INTERNEr FILES\OLK61 E\CC1276 TRANSMrrAL TO CLERK 052306.DOC FJ ECITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan Flynn To: City Clerk's Office Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: May 23, 2006 Project/C.C. No.: CC1276 Regarding: Pipeline Corrosion Control20-Inch Main ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order H Other: Notice Inviting Sealed Bids Item #°.' 'f, • Co °'ies ''Pa es r "`°°D"escri do n , 1 1 3 Notice Inviting Sealed Bids, CC1276 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: On March 15, 2006, the Public Works Commission authorized the advertisement of the Pipeline Corrosion Control Plan 20-Inch Transmission Main Project, CC1276. Tease find attached the Notice Inviting Bids for this project. Please contact me at extension 5291 with any questions Y16u may have. c: file By: o P.E. G:\ENGINEERING DIVISION\FERRIGNO\CC1276 20 INCH PIPELINE SURVEY\CC1276 TRANSMITAL TO CLERK 052306.DOC SECTION A NOTICE INVITING SEALED BIDS for the 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION CASH CONTRACT No. 1276 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON _BEACH, as AGENCY, invites sealed, bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on June 29, 2006. Bids will be publicly open in the Conference Room B7 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 $40.00 nonrefundable fee if picked up, or payment of a $55.00 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. A-1 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 at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. 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 12th day of September 2005, by Resolution No. 2005-64. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE. ) I am a Citizen of the United States and a resident of the County aforesaid; I am yover-the-age-of -eighteen-years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper , of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and, that attached Notice is:-' a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: JUNE 01,08115,2006 I declare, under -penalty of perjury, that the foregoing is true and correct. Executed on JUNE 15,2006 at Costa Mesa, California. Signature S E C T 10 N_ A . rna..rwu�i.r wm ue- -duct a 10%. retention NOME INVIT W " I .from all progress pay- SEALED BIDS mernts. The, Contractor ; may substitute an es - for the crow holder surety. of. -" - 20' INCH DOWNTOWNj eguaL'yalue-to -the reten- WATER TRANSMISSION j tion in accordance with MAIN IMPRESSED the provisions of the -California Government CURRENT CATHODIC Code, Section 4590. The l PROTECTION t WELL ANODE Contractorshall . be REHABILITATION beneficial owner of the CASH CONTRACT surety and shall receive No. '' any interest thereon. . .1276, indhe; The AGENCY hereby_ CITY affirmatively 'ensures HUNTINGTON BEACH that minority. business .enterprises will be af- forAed , full. opportunity PUBLIC NOTICE IS to' submit bids in re - HEREBY GIVEN that the sponse- to this' notice CITY' Of HUNTINGTON and will not be !dis- BEACH, as AGENCY; in- criminated. against on vites(sealed bids for the the basis` of race,, color, ,.above stated' projects national origin, ' ances- 'an_d will .receive such try, sex, or .religion in Ibid`s-in the'office" of the any consideration lead.- City Clerk,. Second Floor, 12000 Main Street;', Hun- ing, to ttie award of :contract: Itington Beach, ,California No bid shall be.consid- 92648,'up to the hour of '.ered unless it is pre- 2:00 PM on June 29, pared on the approved 2006. Bids. will .tie pub- -Proposal forms in con- licly open. in the Confer,- h for With the ence Room B7 unless Instructions to Bidders. otherwise posted. The bid must be accom- Copies of the Plans, 'panied by a certified Specifications, and con- check, cashier's' check, s Itract documentare or bidder's bond made ;available from the Office- payable to the AGENCY iof the Director of Public for an amount .no less Works,' 2000 ,Main than 10% of the amount Street, 'Huntington bid: -The successful bid - Beach, CA 92648, upon der shall be^licensed in payment: of -,a' $40.00. accordance with provi- nonrefundable fee if .sions,,,of . the_ -Business picked up, or payment and Professions: -Code of a .$55.60 nonrefun- and shall possess, a i dable fee if mailed via State Contractor's Li' U.S.' Postal Service, cense Class at the time The FedEx, UPS' or any other of the bid opening. delivery service. successful Contractor Any contract enteredl and his subcontractors ,pursuant to this' will be required to pos- ,into notice will incorporate l sess business licenses the provisions of thel from4heAGENCY. .. State Labor Code. Pur- The AGENCY reserves to the provisions the. right to reject any Isuant of the Labor Code of the 'or all bids, to waive any State of ,California, the I irregularity, and to take minimum prevailing', rate all bids under advise - of per. -diem wages. for ment for. a maximum. 60 days. each craft, classification, or' type of workman period'of BY ORDER of the CITY needed to 'execute the, COUNCIL of the 'CITY OFF , contract, shall be those' HUNTINGTON BEACH;: determined by the Direc- CALIFORNIA, the 12thl for of Industrial -Rela- day of September' 2005, tions; of State of Resolution No.,2005-, ,the California, which are, on 64 file at',the Office of the Attest:_' Joan L. Flynn Director -of' Public CITY CLERK OF THE CITY Works, '2000 Main OF HUNTINGTON BEACH '. Street, Huntington Published Huntington Beach, CA 92648. Beach Independent June 1, 8, 15, 2006 061-332 PROOF'OF PUBLICATION STATE OF CALIFORNIA) ss. COUNTY OF ORANGE- ) I am a Citizen of the United States and a resident of the County aforesaid; 1 am � - over the age?-of`eighteen-years; -and-not a__ party to or interested in the below entitled matter. I am. a principal, clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general, circulation, printed and published in the_ City of Huntington Beach, County -of Orange, State.. of- California, and that attached Notice is a true and complete copy as was printed and, published . in the Huntington Beach issue' of said newspaper to wit the Issue(s) of: U UN 01,08,15,2OC6. I declare, under penalty of perjury, that the forecoing is true and correct. Executed on JUNE 15, 2006 -at Costa Mesa, California. Signature The .AGENCY will de-- '$ E C T 1 0 N 'A duct a 10% retention NOTICE- INVITING. from, all progress pay- SEALEDBIDS ments. The Contractor may ,substitute an es gr�the crow holder surety of.l _ 20"INCH DOWNTOWN equaL-valueto,the,reten-_,-_y, .__ _ WATER TRANSMISSION tion in accordance *with MAIN IMPRESSED - the provisions' of the CURRENT CATHODIC California Government PROTECTION Code, Section, 4590.'.The WELL ANODE Contractor shall be REHABILITATION beneficial owner of `the CASH CONTRACT surety and -;shall receive No. 12Z6' any interest,theieon., inthe' ,, The AGENCY. hereby CITY OF'' I 'affirmatively ensures HUNTINGTON BEACH;.that minority business enterprises will be -af- PUBLIC NOTICE IS- forded full opportunity; ' HEREBY''GIVEN that the to, submit 'bids ,in CITY, OF HUNTINGTON spouse to this notice ce BEACH, as AGENCY, in_ and will .not n don vites sealed bids for the the b ais against • r, latiove,-stated projects the basis of race, color, P 1 national .origin, antes- d will receive such 'try, sex,'or religion in r2blid"n the office of the any, consideration lead- ity Clerk, Second Floor, ing to the award of 000 Main Street, Hun - contract. tington Beach, California No bid'shall be conidr 92648, up to the hour of .ered unless it.. is pre 2:00 .PM, on ,June 29, pared ,on' the 'approved 2006. "Bids will be pub; Proposal' forms incon licly open in the Confer formance with the ence •Room. B7 unless Instructions to' Bidders. otherwise posted. The .bid must be accom- Copies. of the Plans, panied . by ; a certified Specifications, and' con- check, 'cashier's' check, (tract documents areil or bidder's bond made available from the Office.; payable to the AGENCY of the Director of PubliP ,for an amount no less Works., 2000 Main', than 10% of the amount Street,- Huntington! bid. The, successful bid - Beach, CA 92648,• upon I der shall, be licensed,jin payment of----a--$40.001 =accordanc6. with provi? _ nonrefundable' 'fee if, 'sion`s of the' Business picked up, or .payment', and Professions' Code of a $55:00 nonrefun and shall • possess a dable. fee if mailed via:', State Contractor's. Li- U.S.-'Postal Service', tense Class`at'the time FedEx, UPS or, any other ;of'the bid opening. The delivery service. ' successful Contractor Any contract entered and his subcontractors into pursuant to this will be,required.to pos notice- .will incorporate ,sess business '1 cehses the ;provisions of the from the AGENCY. State Labor Code. Pur- suant to the provisions the right, to` reject any, of Labor Code of the or,'all bids, to waive any' State' of California,` the irregularity and to ,take minimum prevailingrate all bids under , advise of per 'diem wages for ment for. a maximum each craft; classification period of 60 days.: or -.type of , workman BY ORDER of the CITY heeded to execute the COUNCIL of the CITY OF ` contract shall be those HUNTINGTON ' BEACH, determined, by the Direc-, CALIFORN[A, the.. 12th for of 'Industrial Rela,' day of September 2005, bons of the State off by Resolution No. 2005- California, which are ono 64. z file at the Office of the . Attest: Y. Joan L.. Flynn Director of, Public Work"s, 2000 • Main CITY CLERK OF THE CITY OF HUNTINGTON BEACH Stheet',.'H6ntington1i1 Published 'Huntington Beach; CA 92648. J Beach Independent June 1, 8, 15; 2006 061-332 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 16, 2006 Corrpro Companies, Inc. 13011 Florence Avenue Santa Fe Springs, CA 90670-4505 Attn: Randy Galisky, District Manager Re: CC-1276, 20" Downtown Water Transmission Main CALIFORNIA 92648 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the 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 536-5432. Sincerely, an L. Flynn City Clerk JF:pe , RX Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g: followup\cashcont\cashcon-letter.doc ( Telephone: 714536-5227 ) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND 1�-P�� Zo�' PD1NWTorirN WPI �-� T5,-15MI55iota KiN I M PjZFz56D CA-1---i'T►-o'Tc' Tld7j'4 WPI(l / fit= F-f�- 4ABY,E OF CONTENTS Palo. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROTECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON -ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR III 1�OWNToWt4 1fVA-T'V47-- Tf^HSM I SS1CN "14 IN%fF��-F--'55P ci4iTHOv I G ff-o� orl VVP_L- �� THIS AG�ATT �(�"Agre; t" mdde' and entered into this � day of kt(aa.510' 200&, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and 6'� M PA4 I �S� I N G . , a California hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Zdl POWNTOW N Wfti11�f- si�I�SS( ( MAIN 1MFI?V--5GPP in the City of Huntington �c-t��IT cPC�T}1�p1 c• Pt�-a%��tio�l v�>✓u-- �No ►�-��. Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 I the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms/city const/4-03 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/forms/city const/4-03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed dN1F- 4QNPR�'P Fi�;A112- - AO '�i4Nfl, 06 TW�C }-} JQ9-R2 Dollars $ (G�, ( 1 ), 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 iNOj 11`� PAI S completion within �' L- -ee� eetrti e• from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agree/forms/city consU4-03 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city const/4-03 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city const/4-03 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of F1VP PrUN=F-FP Dollars ($ �-•Da ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/forms/city const/4-03 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agree/forms/city const/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/forms/city const/4-03 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/forms/city const/4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount, stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city consU4-03 I I 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city const/4-03 12 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city const/4-03 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city consb4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city consU4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/z %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agree/forms/city const/4-03 16 28. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Pei G F= • f�1� 2000 Main Street Huntington Beach, CA 92648 agree/forms/city const/4-03 17 TO CONTRACTOR: r- r r-II&SA &19�Lll ,�...r R,!`; C-rr MI+NA6P2--_ 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city const/4-03 18 shall bear its own attorney's fees, such that the prevailing parry shall not be entitled to recover its attorney's fees from the non -prevailing parry. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city consb4-03 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR G Lorrrb Compo0.nt 4z�Ac S By. print name ITS: (circle one) Chaimum/Presiden ice President 0 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: Qm4t) - A.-- I ) tf ity Clerk By _ _ APPRO TO FORM: bob r)i ay4.r print name ITS: (circle one) SecretaryCChief Financial Officer sst. City Att ey Secretary - Treasurer REVIEWED AND APPROVED: Ci Administrator IAT AND APP VED: / Director of Public Works COUNTERPART agree/for ns/eity constl4-03 21 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a LorrprO (.0rlpoLnt .e,S municipal corporation of the State of California It , ��iC . P By: print name ITS: (circle one) Chairman/Presiden ice President AND By: Qob M qye+- print name ITS: (circle one) Secretary Chief Financial Officer sst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator Mayor ATTEST: City Clerk APPROVED AS TO FORM: City AttorneyP�° ON. TIATED AND�A'PP UED: irec or of Public Works COUNTERPART agree/forms/city const/4-03 21 �Xttie.T SECTION C PROPOSAL for the 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION CASH CONTRACT No. 1276 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 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 Bid Schedule CC-1276 20-INCH WATER TRANSMISSION MAIN CATHODIC PROTECTION REHABILITATION PROJECT 1 Mobilization and 1 LS $ Q UO d $ ® Q Permitting 2 Traffic Control at Lake Street Cathodic I LS $ 49*45 © Protection Site, include Traffic Control Plan 3 Traffic Control at Olive Avenue Cathodic Protection Site, 1 LS $ `r $ !r include Traffic Control Plan 4 Traffic Control at Goldenwest Street Cathodic I LS $ a (' $ � r/ o o Protection Site, include Traffic Control Plan 5 on Deep lAnod 3 EA $ 2 $• lot Well 6 Abandonment of Existing Deep obo �y 000 Well Anode I EA $ $ Located in Street or Travelwa 7 Abandonment of Existing Deep Well Anode 2 EA $ a� $ 000 Located in Parkway 8 Pothole Existing Utilities as 12 EA $ --5-0 ® $ �o directed by the City Inspector 9 Protectin place or 2.U 0 replace Existing 30 LF $ -3 o $_ curb and gutter 10 Demobilization 1 LS $ $ 3 jy and Cleanup _ I C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION, (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: C-7 f Contractor syU.r . M>? y` uc e_ &1�1 Title 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: s �� C-9 /'O��'Xo i-S Contracto BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: C6 r . r o (fo 01 Art// le-f -1-/� C7 r Bidder Name 3Ql( Florei-c Business Address City, ?Z S �,Fr � ,A-i , er2 , C/1- 1067 C State Zip Telephone Number i (ou %7 $ - A- ryu f 1-/L" Y-rn9 C�x�l- t,-r l C i D . 7U 1 Ita - E--.3Pa i -r fz — JIn It State Contractor's License No. and Class ju([,'Q, — (4 h 5! t yc9 Original Date Issued - (P I V-Ro - g13o j 20(> :7 -7 V1 &-7 K- Expiration Date The work site was inspected by eOa 64AY" /W'Sof our office on `�`�"l `-, 20 dC The following are persons, firms, and corporations having a principal interest in this proposal: -e--E 4Tr1g-c4,oc( 0 6E r- C-11 mw - ACSTAR A INSURANCE COMPANY 233 MAIN STREET • P.O. BOX 2350 • NEW BRITAIN, CT 06050-2350 • (860) 224-2000 Bond No. B25279 BID BOND NOW ALL MEN BY THESE PRESENTS, that We, CORRPRO COMPANIES, INC., as Principal, and ACSTAR INSURANCE COMPANY, 233 Main Street, Post Office Box 2350, New Britain, Connecticut 06050-2350, a corporation duly organized under the State of Illinois as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 as Obligee, hereinafter called the Obligee, in the penal sum of 10% of the bid amount 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 and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CONTRACT NO. 1276 FOR 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee, or in the event of the failure of the Principal to enter into such Contract and 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. This obligation shall expire and be null and void 90 days from the date executed as set forth below. Signed and sealed this 22nd day of June 2006. ATTEST: ATTEST: 441 L �(�9i�. CORRPRO COMPANIES, INC. Principal (Seal; By ACSTAR INSURANCE COMPANY Surety (Seal) By — en . Nozko, Jr., President 3102 ACSTAR INSURANCE COMPANY 233 MAIN STREET • P.O. BOX 2350 • NEW BRITAIN, CT 06050-2350 • (860) 224-2000 BOND NO. B25279 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Act"). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutory established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000. during the applicable period for all insured's and all insurers combined. In that case, we will not be liable for the payment of any amounts, which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributed to coverage for acts of terrorism is 0.000 IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. EXCLUSION OF LIABILITY FOR MOLD, MYCOTOXINS, AND FUNGI The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. ALTAR 233 MAIN STREET • P.O. Box 2350 POWER OF ATTORNEY NEW NEW BRITAIN, CT 06050050-2350 INSURANCE COMPANY ( ) 224 2000 N G 22675 This Power of Attorney must have original corporate seal, and red and blue ACSTAR logo to be valid. Know all men by these presents: That ACSTAR Insurance Company, a corporation of the State of Illinois, having its principal office in the City of New Britain, Connecticut, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on June 23, 2005. RESOLVED, That the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) That the Chairman, the President, any Vice President and General Counsel, or any Attorney -in -Fact, may execute for and on behalf of the Company arty and all bonds, under- takings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Corporate Secretary, or any Assistant Corporate Secretary, and the seal of the Company affixed thereto; and that the Chairman or President may appoint and authorize any other Officer (elected or appointed) of the Company, and Attorneys -in -Fad to so execute or attest to the execution of all such writings on behalf of the Company and to all the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested to by the Corporate Secretary. (3) The signature of the Chairman, the President, or a Vice President of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, and the signature of a facsimile to any certificate of any such power, and any such power or certificate bearing such fascimille signature and seal shall be valid and binding on the Company. (4) Such other Officers of the Company, and Attomeys-in-Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. does hereby nominate, constitute and appoint HENRY W. NOZKO, JR., ROBERT H. FRAZER, DAVID A. PRICE, MICHAEL P. CIFONE, JOAN C. FORTIER, HENRY W. NOZKO III each individually, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, under- takings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding TEN MILLION DOLLARS ($10,000,000.00) each, and the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, as if they had been duty executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, Henry W. Nozko, Jr., President, has hereunto subscribed his name and affixed the corporate seal of ACSTAR Insurance Company this 23rd day of June 2005. ACSTAR Insurance Company by — "m�& )r Henry W. N o Jr., P t STATE OF CONNECTICUT ) ) ss. NEW BRITAIN COUNTY OF HARTFORD ) On this 23rd day of June 2005, before me, a Notary Public of the State of Connecticut came, Henry W. Nozko, Jr., President of ACSTAR Insurance Company, to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same, and the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signatures were duty affixed by the authority and direction of the said corporation, and the Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. 1N TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of New Britain the day and year first above written. OTC -'t: :T2 Notary Public - Diane L. Plante 1, the undersigned, Secretary or Assistant Secretary of ACSTAR Insurance Company, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy, is in full force and effect. In witness whereof, 1 have hereunto subscribed my name as Secretary or Assistant Secretary, and affixed the corporate seal of the Corporation, this 22n day of June 20A Robert . Frazer/michoTp. Cifone Secretary/ Assistant Secretary Jun 27 06 01:44p Public Works 714 374 1573 p.2 City of Huntington Beech Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION CC-1 276 June 27, 2006 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: Under Section 3.2.13.1, the sentence "Holes shall be drilled to obtain a nominal $-inch diameter anode well" is correct. The indication on Plan Sheet CP-2, Detail 2 requiring diameter of 10-inch is incorrect, and is to be changed to $-inch diameter. Please note the following change: in Bid Opening Date to the Specifications: City of Huntington Beach invites sealed bids for the above stated projects and will receive such bids in the office of tho City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 200 PM on July 6, 2006. Bids will be publicly open in the Conference Room B7 unless otherwise posted. This is to acknowledge receipt and review of Addendum Number one, dated June 27, 2006. r Urr l-o om lolulje, Company Narrfe I By `;L/P P- Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Andrew Ferrigno at (714) 536-5291. G:1Construction Contracts(CCs)ICC12761Pro-AwardlAddendumslCC1276 Addendum 14= DIRECTORS AND OFFICERS OF CORRPRO COMPANIES, INC. April 5, 2006 Directors Name Employment Phone Number Position Jay I. Applebaum Wingate Partners III, L.P. (214) 720-1313 Principal 750 N. St. Paul Street Suite 1200 Dallas, Texas 75201 Thomas P. Briggs 115 Royal Tiger Road (970) 453-6404 Outside Director Breckenridge, CO 80424 James A. Johnson Wingate Partners III, L.P. (214) 720-1313 Principal 750 N. St. Paul Street Suite 1200 Dallas, Texas 75201 Jeffrey N. MacDowell American Capital (214) 273-6633 Principal 2200 Ross Avenue Suite 4500 W Dallas, TX 75201 Emilio T. Pena Illumina Energy Group, (713) 869-5672 President LP 714 Parker Street Houston, TX 77007 Jason H. Reed Wingate Partners III, L.P. (214) 720-1313 Principal 750 N. St. Paul Street Suite 1200 Dallas, Texas 75201 William R. Seelbach Ohio Aerospace Institute (440) 962-3001 Chief Executive Officer & 22800 Cedar Point Road President Cleveland, OH 44142 Stanford Springel Alvarez & Marsal (415) 490-2300 Managing Director Holdings, LLC One Embarcadero Center Suite 3260 San Francisco, CA 94111 Officers Name Corrpro Location Phone Number Position James A. Johnson N/A (214) 720-1313 Chairman of the Board, Chief Executive Officer and President David M. Johnson 7000 B Hollister (713) 460-6000 President of U.S. Operations Houston Texas 77040 David H. Kroon 7000 B Hollister (713) 460-6000 Executive Vice President Houston Texas 77040 Barry W. Schadeck 10848 - 214 Street (780) 447-4565 Executive Vice President Edmonton, Alberta T5S 2A7 Canada Robert M. Mayer 1090 Enterprise Drive (330) 723-5082 Senior Vice President, Chief Medina, Ohio 44256 Financial Officer and Treasurer Denise K. Patterson 1090 Enterprise Drive (330) 723-5082 Assistant Secretary Medina, Ohio 44256 AUG/23/2006/WED 09:28 AM ACORDIA OF OHIO,LLC PAX No.2169025302 P.002/005 411enw: *Zoo toVKKtr MIKII ACORD. CERTIFICATE OF LIABILIW INSURANCE 3r` 06 PRODUCER Acordla Tower at EHevlew 1301 E. Ninth Street #3800 Cleveland, OH 44114 THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTFR THE COVERAGE AFFORbeD BY THE POUCIES BELOW. INSURERS AFFORDING COVERAGE NAIC 9 INSURED Conpro Companies, Ina 13011 Florence Avenue Santa Fe Springs, CA 90670 INsupmA; Zurich American ins Cc INSURERS: Hartford Casualty Insurance Co. INsvRkRc: Interstate Fire & Casualty Ins. Co. 1m9UREERo; Liberty Mutual Insurance Company INSURER E: Steadfast Insurance Co. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITH"ANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT Opt OTHER DOCUMENT WITH RESPECT TO WHICH THIS 0ERTIFICA1E MAYBE ISSUED OR MAY PERTAIN. THE iNr>URANCEAFFORDED BY THE POLICIES DESCRIBEp HEREIN IS SUB,IlSCT TO ALL THE TERMS, EXCLUSIONS AND CONDrWNS OF SUCH POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, 1 am TYPE OF INSURANCt POLICY 91,I1A98R PONM ry UNITS A ORKRAL LIABILITY j( I COMMERCIAL GENERAL LIABILITY CLAIMS MADE FXI OCCUR 01-0586898601 02115106 02/15/07 EACH OCCURRENCE S1,000900111 O 8100000 MEO MF one CM $0 PERSONAL A ADV INJURY $1 000 000 GENERAL AGGREGATE $2.000,000 GEWLAGGREGATE WMITAPPLIUPrR F-R PoucY toe PRODUCTS -COMPIOPAOQ $1 B AUTOMOBILE X UOWTV ANYAUTO ALLOWNEDAVTO* SCHEDULFDAUTOS HIRED AUTOS NON-OWNEDAUTOS 45UEN1.1J8119 A P VED A JENNIFE McG 0211$106 O FO TH, Ci A 02/15/07 orney ��a1/66 COMBINED SNiOLE LIMIT t xwdidcit) s1,0O0,000 BODILY INJURY LPs�P�1so^) S X X X BODILY INJURY tPeraeeidenp $ PROPERTY DAMAGE (Peso W-I) $ H---- L� GARAGE LIABILITY ANY AUTOT,�N AUTO ONLY-EAACC=r4r 3 EAACC AUTO ONLY: AGO S S C EXCESSAMBRELLA LIABILITY X OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION $ PFX1000018 02M O106 02116107 EACH OCCURRENCE $000 AGGREGATE 35 00O 000 S S D woFmRs COMPENSATION AND EMPLOYERS' LIABILITY OFFICE P EMB RlPARTN W? ECLMV6 OFFICEEJ(CWDEOY S dLPR VISI� WA2180053853036 02114106 02114107 oTI+ �( WC 3TATu31 E.L. EACH CIDENT 0,000,000 e.L. Dewrz-EAEhIPLOY 51 000,000 &L.Dwmart- POLICY LIMrr 1 $1000000 E OTHER LIABILITY ]RC586898301 PROFESSIONAL! POLLUTION 02115106 02115/07 $5,000,000 - CLAIM $5,000,000 - AGG. P96CRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I OCCLUSIONS ADDED BY ENDORSEMENrf SPEML PROVISIONS Project: 20-inch Downtown Water Transmission Main Impressed Current Cathodic Protection Well Anode Rehub Cush Contract No. 1276, Furnish all labor, material and equipment to install an Impress Current Cathodic Protection System City of Huntington Beach, its agents, officers and employees and the Redevelopment Agency (See Attached Descriptions) City of Huntington Beach Dept, of Public Works Attn: Erice Charlone 2000 Main Street Huntington Beach, CA 928411 SHOULD ANY 019 THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THFA WIRATIOM DATE THEREOF, THE ISSUING INSURER WILL j♦ MAIL r DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, REPRESENTATNA ^,-wm r CO tLVY7/V61 I of3 9393947IM53733 YMI m PR-VISI/ NVRrVRM 1IV11% woo AUG/23/2006/WED 09:28 AM ACOADIA OF OHIO,LLC FAX No,2169025302 P. 003/005 IMPORTANT If the certiflcate holder Is an ADDITIONAL INSURED, the pclicy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(a). . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this cedifimte does not confer rights to the certificate holder 1n lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form dome not constitute a contract between the issuing insurar(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. ACQRD 25-5 (200t108) 2 of 3 #3939471M83733 AUG/23/2006/WED 09:28 AM ACORDIA OF OHIO,LLC FAX No,2169025302 P.004/005 DESCRIPTIONS (Continued from Page 1) of the City of Huntington Beach are Included as Additional Insureds for General [.lability as respects work performed by the Insured. *10 Day Notice of Cancellation for non-payment of premium. AM5 25.3 (2001/08) 3 of 3 #593447/M83733 AUG/23/2006/WED 09:28 AM ACOKDIA OF OHIO,LLC FAX No,2169025302 P.005/005 POLICY NUMBER. - GLO586898001 COMMERCIAL GENERAL LIABILITY CG 20 3710 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Bemh, its agents, officers and employees and the Redevelopment agency of the City of Huntington Beach Location And Vescription of Completed Operations: All operations performed on behalf of City of Huntington Beach, its agents, officers and employees and the Redevelopment Agency of the City of Huntington Beach Additional Premium: Included (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured 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" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products -completed operations hazard". CO 20 3710 01 0 ISO Properties, Inc., 2000 Pago 1 of 1 1j�,o�/Cf7-TE �/6��uAcS /sSc� Bond No, F184a6 Premium $1,824.57 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to es'City") has, by written agreement dated , 20�, entered into a contract with _ Corrpro Companies, Inc. 13011 Florence Avenue Santa Fe S rin s California 90670 f name and address of Cortmetor) (hereinafter referred to as "Principar), for performance of the work described as follows: Cash Contract No. 1276: 20-inch Downtown Water Transmission Main Impressed Current Cathodic Protection Well Anode Rehabilitation (Prdject'nue) 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, sold Principal i9 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 ACSTAR Insurance Company 233 Main Street, New Britain, Connecticut 06051' (ASMO and addrms of Su") (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 of Huntington Beach in the penal sum of One Hundred Four Thousand Two Hundred Sixty One and 00/100 Dollars ($104,261.00), 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. This bond shall not automatically increase. The bond penalty cannot increase by more than 20% including all modifications or change orders in the aggregate without prior written consent by the Surety. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully end 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 indemnity and save harmless City and all of City's officers, agdnts 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 27TS01.1 PERFORMANCE BONE) Page 1 of 2 Bond No. F18486 any other alteration, change, deletion, addition of other modification to the Contract, or the work to to POrformed thereunder, and agrees to automatioally adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modlkations. Surety agrees to provide wrliten 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 % 2846 and 2849. The obligations of this Bond shall survive the completion of the work described In the Contract as to all obligations and Ilabill ies 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 property execute this bond, Dated: August 28, - 2006 ATTEST s� r..n,.) n (Corporate seal) ATTEST (Corporate Seal) (Attach Attorney -in -Fact Certificate) Corrpro Companies, Inc. (Principal Name) By. Name: G er Title: c n ACSTAR Insurance Company (Surety Name) By: Nam ': nr W. Noz_ o, Jr., President (Signature of Attomey-in-Fact for Surety) (860) 224-2000 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By: c— j4dnnifer McGrath City Attorney Noce: Thfd borW must be exeautad h dupflaaM sod date, all signatures must be notarized, and evkftnce of the tum&fty of any POW bpRVas ettomeyan-fact must be e4w*od, 3nr,,., PERFORMANCE BOND Page 2 of 2 CSTAR �� INSURANCE COMPANY 233 MAIN STREET • P.O. BOX 2350 • NEW BRITAIN, CT 06050-2350 • (860) 224-2000 NOTARY ACKNOWLEDGEMENT FOR CORPORATE SURETY State of Connecticut ss: New Britain County of Hartford I, Marie Vassar, Notary Public in and for the county and state aforesaid, do hereby certify that Henry W. Nozko, Jr. who, as President, signed the foregoing instrument for ACSTAR Insurance Company, a corporation, bearing date the 28th day of August, 2006, has this day, in my said county, before me acknowledged the said instrument to be the act and deed of the said corporation. Given under my hand this 28th day of August, 2006. Notary Public Marie Vassar My commission expires: August 31, 2010 MARIE VASSAR NOTARY PUBLIC W COMMISSION EXPIRES AUG. 91, 2010 Bond No, F18486 PAYMENT 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 Corrpro Companies, Inc. 13011 Florence, Avenue, Santa Fe Springs, California 90670 (nerne and nddneaS of Contractor) (hereinafter referred to as "Principal"), a contract ('Contract") for the work described as follows: Cash Contract No. 1276: 20—inch Downtown Water Transmission Main Impressed Current Cathodic Protection Well Anode Rehabilitation iPmJ@d tree) 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 bylaw, NOW THEREFORE, We, the undersigned Principal, and ACSTAR Insurance Company 233 Main Street, New Britain, Connecticut 06051 (name and addmas of 8uroty) (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 of Huntington Beach in the penal sum of One Hundred Four Thousand Two Hundred Sixty One and 00/100 Dollars ($104,261.00), 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. This bond shall not automatically increase. The bond penalty cannot increase by more than 20% including all modifications or change orders in the aggregate without prior written consent by the Surety. THE CONDiMN OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fall to pay any of the persons named In Section $181 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 Clammant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1776, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department kom the wages of employees of the Principal and Subcontractors pursuant to Sectioon 13020 of the Unemployment insurance Cade 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 thin bond; otherwise, this obligation shall be null and void, This bond shalt 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 vase any acti6n 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 dvcurr►ant or any work to be performed thereunder, whether made slier notice or not, shall Ire any way affect, impalr or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, PAYMENT BOND Page ll of 2 Bond No, F18486 extension of time, atterabon, addkion, or moc ic*%i t to the terms of rho Contract, tho wntract documents or the work thereunder. Surety also waives the provisions of Califomis Civil Code §§ 2545 and 28-49, IN V ATNIESS WHEROF, each party represents and warrants that this instrument has been duty 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 instrurrrettt 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 faliare of the Principal to execute or properly execute this bond. Dated:` Aug4st _28, 2006 ATTEST (Corporate $001) ATTEST (Cbrporete Seal) (Attach Attorney -Ire -Fact Certificate) Corrpro Companies, Inc. (Principal Nerne) fly: — Its:-, ice k}e5�b ACSTAR Insurance Company (Surety Nama) By: Name: my W. Nozko, Jr., President (Signature of AttornWn-Fact for Surety) (�,0) 224-2000 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By: Jennifer McGrath 9 `� City Attorney Mote: This Hoed mint be exec~ In dupft le and dated, ON signatuss must Ot notarized, and evidence Of the authority of any patron sfpning os ettbmey,rrrifbct must be attscbed. PAYMENT BOND Page 2 of 2 ACSTAR �� INSURANCE COMPANY 233 MAIN STREET • P.O. BOX 2350 • NEW BRITAIN, CT 06050-2350 • (860) 224-2000 NOTARY ACKNOWLEDGEMENT FOR CORPORATE SURETY State of Connecticut ss: New Britain County of Hartford I, Marie Vassar, Notary Public in and for the county and state aforesaid, do hereby certify that Henry W. Nozko, Jr. who, as President, signed the foregoing instrument for ACSTAR Insurance Company, a corporation, bearing date the 28th day of August, 2006, has this day, in my said county, before me acknowledged the said instrument to be the act and deed of the said corporation. Given under my hand this 28th day of August, 2006. Notary Public Marie Vassar MARIE V'ASSAR My commission expires: August 31, 2010 NOTAitY PUBLIC MY COMMISSION EXPIRES AUG. 31, 2010 ACSTAR �: INSURANCE COMPANY 233 MAIN STREET • P.O. BOX 2350 • NEW BRITAIN, CT 06050-2350 • (860) 224-2000 BOND NO. F18486 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Act"). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutory established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000. during the applicable period for all insured's and all insurers combined. In that case, we will not be liable for the payment of any amounts, which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributed to coverage for acts of terrorism is 0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. EXCLUSION OF LIABILITY FOR MOLD, MYCOTOXINS, AND FUNGI The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. BOND NO. F18486 233 MAIN STREET • P.O. BOX2350NEW POWER OF ATTORNEY 0 ACSTi4R (86B 4-200� CT 06050-2350 NO 23231 � INSURANCE COMPANY This Power of Attorney must have original corporate seal, and red and blue ACSTAR logo to be valid. Know all men by these presents: That ACSTAR Insurance Company, a corporation of the State of Illinois, having its principal office in the City of New Britain, Connecticut, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on June 23, 2005. RESOLVED, That the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) That the Chairman, the President, any Vice President and General Counsel, or any Attorney -in -Fact, may execute for and on behalf of the Company any and all bonds, under- takings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Corporate Secretary, or any Assistant Corporate Secretary, and the seal of the Company affixed thereto; and that the Chairman or President may appoint and authorize any other Officer (elected or appalled) of the Company, and Attorneys -in -Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested to by the Corporate Secretary. (3) The signature of the Chairman, the President, or a Vice President of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, and the signature of a facsimile to any certificate of any such power, and any such power or certificate bearing such fascimille signature and seal shall be valid and binding on the Company. (4) Such other Officers of the Company, and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. does hereby nominate, constitute and appoint HENRY W. NOZKO, JR., ROBERT H. FRAZER, DAVID A. PRICE, MICHAEL P. CIFONE, JOAN C. FORTIER, HENRY W. NOZKO III each individually, its true and lawfulAttorney-in-Fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, under- takings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding TEN MILLION DOLLARS ($10,000,000.00) each, and the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, as if they had been duty executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, Henry W. Nozko, Jr., President, has hereunto subscribed his name and affixed the corporate seal of ACSTAR Insurance Company this 23rd day of June 2005. ACSTAR Insurance Company by HenryW. Ww10 Jr., P t STATE OF CONNECTICUT ) ) ss. NEW BRITAIN COUNTY OF HARTFORD ) On this 23rd day of June 2005, before me, a Notary Public of the State of Connecticut came, Henry W. Nozko, Jr., President of ACSTAR Insurance Company, to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same, and the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signatures were duly affixed by the authority and direction of the said corporation, and the Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of New Britain the day and year first above written. OTO 4111111111111oo4m Notary Public - Diane L. Plante I, the undersigned, Secretary or Assistant Secretary of ACSTAR Insurance Company, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy, is in full force and effect. In witness whereof, I have hereunto subscribed my name as Secretary or Assistant Secretary, and affixed the corporate seal of the Corporation, this 28th day of August 2006 Robert'll. Frazer/MichoTP. Cifone Secretary/ Assistant Secretary 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: Shar' reidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved (C unci App val Date) (Company Name) Agenda Item No. City Clerk Vault No. #27 g:ffollowup/bondletter doc DECLARATION OF SATISFACTION OF CLAIMS 1, , state: (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at (Location) g:tollowup\cashcont\cashcon2.doc procedure #15 on this day of , 20_ (Signature of Contractor) APPROVED AS TO FORM EE I N1FER M.GRATH, City Attorney arah Sutton 12� eputy City Attorney City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) APPROVED AS TO FORM JEN IFER WGRATH, CityAttowey Sarah Button puty City Attorney 12,/ g:followup\cashcont\cashcon1.doc procedure #14 V 1 L) IV RECEIYED TIM MEW Corrpro Companies, Inc. COR P 0 13011 Florence Ave. COE P—.—d MGI.b.1 MPANI&S INC Ue F Santa Fe Springs, CA 90670 562/944-1636 Ul-7 / C 11 1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 16, 2006 American Construction 45 San Clemente Dr., Ste. A100 Corte Madera, CA 94925-1232 RE: CC-1276 — 20" Downtown Water Transmission Main Enclosed please find your original bid bond for CC-1276. Sincerely, oan L. Flynn City Clerk JF:pe enclosure CALIFORNIA 92648 (Telephone: 714-536-5227 ) Sealed Bid Enclosed 20-Inch Downtown Water Transmission Main Impressed Current Cathodic Protection Well Anode Rehabilitation Cash Contract No. 1276 For Bids Due: July 6, 2006 at 2:00 PM SECTION C PROPOSAL for the 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION CASH CONTRACT No. 1276 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 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and fling 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. bidder's Accompanying this proposal of bid, find bond in the amount of $ 1096 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). niAAo.. A-11 --:A, .o o.... -,P. 11 A,1,7o-A- U--- :V -1. C-2 Bid Schedule CC-1276 20-INCH WATER TRANSMISSION MAIN CATHODIC PROTECTION REHABILITATION PROJECT 1 Mobilization and 1 LS I $ 20, 000. $ 20, 000.00 Permitting 2 Traffic Control at Lake Street Cathodic 1 LS $ 2,000, $ 2, 000 - on Protection Site, include Traffic Control Plan 3 Traffic Control at Olive Avenue Cathodic 1 LS $ 2,000, $ 2, 000 - 00 Protection Site, include Traffic Control Plan 4 Traffic Control at Goldenwest Street Cathodic 1 LS $ 2,000. $ 2,000.00 Protection Site, include Traffic Control Plan 5 Installation Deep 3 EA $ 31, 479. $ 94, 437.00 Well Anode 6 Abandonment of Existing Deep Well Anode 1 EA $ 4,180. $ 4,180.00 Located in Street or Travelwa 7 Abandonment of Existing Deep Well Anode 2 EA $ 3,045. $ 6,090.00 Located in Parkway 8 Pothole Existing Utilities as 12 EA $ 20. $ 240.00 directed by the City Inspector 9 Protect in place or 0. 0.00 replace Existing 30 LF $ $ curb and utter 10 Demobilization I LS $ 1, 000. $ 1,000.00 and Cleanup C-3 PROJECT BID SCHEDULE TOTALS CC-1276 20-INCH WATER TRANSMISSION MAIN CATHODIC PROTECTION REHABILITATION PROJECT TOTAL BID AMOUNT TOTAL BID AMOUNT IN WORDS: $ 131,947.00 One hundred thirty-one thousand nine hundred forty-seven dollars Notes: All extensions of unit prices will be subject to verification by Owner. In case of verification between the unit cost and the extension, the unit cost will govern. The Owner reserves the right to reject any or all proposals and bid items. C-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 the work to be done by such subcontractor. Portion © Work Name and Address of Subcontractor State License Number Class Pave 2537 Rubidoux Blvd Medina Construction Riverside, CA" 784618 A By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of age AA o-r 1 Y1 Stephen C. McKim , being first duly sworn, deposes and says that he or she is Vice President of American Const. & Supply, Ift: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. American Construction and Supply, Inc. State of California County of Marin Name of Bidder Subscribed and Sworn before me b this 21 day of DATEM N --YEAR Y C ' Signature of Bidder ARY u ►. Proved o me on the basis of satisfactory evidence to 45 San Clemente Drive, Suite A-100 be the person who app"red° before me. Corte Madera, CA 94925 Address of Bidder Subscribed and sworn to before me this 3 day of 20QG EIANOR CHERIER Commission * 1646913 Notary Pubile - Cciftmfa Morin County 1'% ,/'� �/� My Comm. Expkes F� 21.201 NOTARY PUBLIC /Y�l /l� n J� , n®/✓ NOTARY SEAL C-6 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION, (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: June 23, 2006 C-7 American Constr ction and Supply, Inc. Contractor By Stephen C. McKim Vi"cp PrPGi dpni- Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XNO 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-8 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: June 23, 2006 C-9 American Const ction and Supply, Inc. Contractor By Stephen C. McKim Vice President Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor ME 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-10 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: American Construction and Supply, Inc. Bidder Name 45 San Clemente Drive, Suite A-100 Business Address Corte Madera, CA 94925 City, State Zip ( 415 ) 927-2024 Telephone Number 310599, Class A, C=10, C-57 State Contractor's License No. and Class 10/14/1975 Original Date Issued 3/31 /2007 Expiration Date The work site was inspected by Steve McKim of our office on June 8 , 2CK The following are persons, firms, and corporations having a principal interest in this proposal: Rudy E. Aram - President Cynthia C. Arana - CFO Stephen C. McKim - Vice President C-11 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. American Company N Signature of Bidder Stephen C. McKim Printed or Typed Signature and Supply, Inc. Subscribed and sworn to before me this 23 day of June NOTARYPUB State of California County of Marin Subscribed and Sworn before me this _day ofyle DATE_,l G Proved to me on the basis of satisfactory evidence to be the person who appeared before me. _ , 2006. NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. San Diego County Water Authority 4677 Overland Ave San Diego, CA 92123 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mr. John Galleher 760-233-3206 $490,447.00 Cathodic Protection July 2004 Contract Amount Type of Work Date Completed 2. Irvine Ranch Water District P.O. Box 57000 Irvine, CA 92619 Name and Address of Public Agency Name and Telephone No. of Project Manager: Ms. Anita Arant 949-453-5556 $378,772.00 Cathodic Protection March 2004 Contract Amount Type of Work Date Completed 3. Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano, 92675 Name and Address of Public Agency Name and Telephone No. of Project Manager: Eric Bauman 949-487-4312 $437 603 00 Cathodic Protection June 2003 Contract Amount Type of Work Date Completed C-12 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION CC-1276 June 27, 2006 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: Under Section 3.2.D.1, the sentence "Holes shall be drilled to obtain a nominal 8-inch diameter anode well' is correct. The indication on Plan Sheet CP-2, Detail 2 requiring diameter of 10-inch is incorrect, and is to be changed to 8-inch diameter. Please note the following change in Bid Opening Date to the Specifications: City of Huntington Beach invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on July 6, 2006. Bids will be publicly open in the Conference Room B7 unless otherwise posted. This is to acknowledge receipt and review of Addendum Number one, dated,koe 27, 2006. American Construction and Supply, Inc.., / Company Name r By Stephen C. McKim July 5, 2006 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Andrew Ferrigno at (714) 536-5291. G:\Construction Contracts (CCs)\CC1276\Pre-Award\Addendums\CC1276 Addendum 1.doc INSURANCE COMPANY OF THE WEST P.O. Box 85S63, Son Diego, CA 92136-SS63 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS. That we, AMERICAN CONSTRUCTION AND SUPPLY, INC. Bond No.: N/A , (hereinafter called the Principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the obligee) in the just and full sum of Ten percent of amount bid. Dollars ($ 10% of Amount Bid ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated 6/29/2006 for 20-inch Downtown Water Transmission Main Impressed Current Cathodic Protection Well Anode e ibi station; Cash Contract No. 1276 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain In full force and effect. PROVIDED. HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence satisfactory to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. Signed, sealed and dated: JUNE 23, 2006 AMERICAN CONS TION AND SUPPLY, INC. Principal by (Seal) INSURANCE COMPANY OF THE WEST Surety by ' t Attorney -in -Fact Katherine G. Zerr.anian ICWTX 409 (06192) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of SAN FRANCISCO On JUNE 23, 2006 , before me, SHARON A. DAVIDSON, NOTARY PUBLIC Date Name and Title of Officer (e.g., "Jane Doe, Notary Public') personally appeared KATHERINE G. ZEROUNIAN Name(s) of Signer(s) SHARON A. DAVIDSON Commission # 1501918 a Notary Public - California Z San Francisco County My Comm. Expires Jul 19, 2008 Place Notary Seal Above ® personally known tome F1 pFaved to me on the basis of satisfaGtOFY evidence to be the person(s) whose name(-&) islare subscribed to the within instrument and acknowledged to me that helsheAMy executed the same in his✓-tterlth& authorized capacity(tes), and that by his#terlt & signature(-&} on the instrument the person( or the entity upon behalf of which the person(&} 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 Name Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporation Officer-- Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: 01999 Nabonal Notary Associa8on' 9350'De Sohn Ave., P.O. Box 2402' Chatswo*, CA 91313-2402' www-nationalnolary.org Prod. No. GE07 Reorder. Call Tog -Free 1 A00-87"827 No. 0004702 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized tinder the laws of the State of Texas, (collectively referred to as the "Compamies'�, do hereby appoint JOHN T. LETTIERI, MARK ROPPO, TOM BRANIGAN, PAUL RODRIGUEZ, KATHERINE G. ZEROUNIAN their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof the Companies have caused these presents to be executed by its duly authorized officers this 1 st day of November, 2005. Jeffrey D. Sweeney, Assistant Secretary State of California } ss. County of San Diego INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President On November 1, 2005, before me, Francis Fafaul, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. Francis Fafaul, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) teamed as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 23RD day of .TUNE , 2006 Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attomey you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attomey Number, the above named individual(s) and details of the bond to which the power is attached For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 16, 2006 Farwest Corrosion Control Company 1480 W. Artesia Blvd. Gardena, CA 90248-3215 RE: CC-1276 — 20" Downtown Water Transmission Main Enclosed please find your original bid bond for CC-1276. Sincerely, eoan L. Fiynn City Clerk JF:pe enclosure CALIFORNIA 92648 4 Telephone: 714-536-5227 ) , ;k :ORROSION' CONTROL 1 FARWEST CORROSION CONTROL TTv COMPANY 1480 W. Artesia Boulevard Gardena, California 90248-3215 "SEALED BID" FOR 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION IN THE CITY OF HUNTINGTON BEACH DO NOT OPEN WITH REGULAR MAIL V*I-*,►Li V %Lx 2006 JUL -6 PM 1= 26 T(Ck E c l y 0 E1;U7iGTjrr, SECTION C PROPOSAL for the 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION CASH CONTRACT No. 1276 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 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Bidder's Accompanying this proposal of bid, find 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 No. 1 6/27/06� C-2 Bid Schedule CC-1276 20-INCH WATER TRANSMISSION MAIN CATHODIC PROTECTION REHABILITATION PROJECT I Mobilization and 1 Ls $ 2,500.00 Two Thousand $ 2,500.00 Permitting rive Hundred 2 Traffic Control at Lake Street Cathodic I LS $ 2,100.00 TWO Thousand $ 2,100.00 Protection Site, One Hundred include Traffic Control Plan 3 Traffic Control at Olive Avenue Cathodic 1 LS $ 2,100.00 TWO Thousand $ 2,100.00 Protection Site, One Hundred include Traffic Control Plan 4 Traffic Control at Goldenwest Street Cathodic I LS $ 2 ,100.00 Two Thousand $ 2,100.00 Protection Site, One Hundred include Traffic Control Plan 5 Installation Deep 3 EA $33,500.00 Thirty -Three Thousand $100,500.00 Well Anode Five Hundred 6 Abandonment of Existing Deep Well Anode I EA $ 4,500.00 Four Thousand $ 4,500.00 Located in Street Five Hundred or Travelwa 7 Abandonment of Existing Deep Well Anode 2 EA $ 4,500.00 Four Thousand $ 9,000.00 Located in Five Hundred Parkway 8 Pothole Existing Utilities as 12 EA $ 450.00 Four Hundred Fifty $ 5,400.00 directed by the City Inspector 9 Protect in place or replace Existing 30 LF $ 10.00 Ten $ 300.00 curb and gutter 10 Demobilization 1 I LS $ 1,000.00 1 One Thousand $ 1,000.00 and Cleanup C-3 PROJECT BID SCHEDULE TOTALS CC-1276 20-INCH WATER TRANSMISSION MAIN CATHODIC PROTECTION REHABILITATION PROJECT TOTAL BID AMOUNT $ 129,500.00 TOTAL BID AMOUNT IN WORDS: One Hundred Twenty -Nine Thousand Five Hundred Notes: All extensions of unit prices will be subject to verification by Owner. In case of verification between the unit cost and the extension, the unit cost will govern. The Owner reserves the right to reject any or all proposals and bid items. C-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 the work to be done by such subcontractor. Portion of Work I Name and Address of Subcontractor State License Number Class Traffic Control Paul E. Cook & Associates 7155 Little Harbor Dr., Huntington Bead Cal. Traffic En . #780 N/A Plan Asphalt Repair H. Roberts Construction #553777 A/B By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Dan McGrew , being first duly sworn, deposes and says that he or she is #' of Farwest Corrosion Control 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. Farwest Corrosion Control Company Name of Bidcjpr Signature �f Bidder 1480 W. Artesia Blvd., Gardena, CA 90248 Address of Bidder Subscribed and sworn to before me this 6 t h day of July , 20 06 . JENNtFER VU �n COMM. #165ww NOTARY PUBLIC • C& FORrNA LOS ANBEI.ES COUNTY0M NOTARY PUBLIC cam. 'NbTARP SEAL •�, UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION, (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: July 6, 2006 C-7 Farwest Corrosion Control Company Contractor 14 By Sales/Construction Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes U 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-8 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 6, 2006 C-9 Farwest Corrosion Control Company Contractor By Sales/Construction Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Farwest Corrosion Control Company Bidder Name 1480 West Artesia Boulevard Business Address Gardena City, ( 310 ) 532-9524 Telephone Number Class A, California #248232 State Contractor's License No. and Class June 7, 1967 Original Date Issued December 31, 2007 Expiration Date CA 90248 State Zip The work site was inspected by Dan McGrew of our office on June 19 , 2006 The following are persons, firms, and corporations having a principal interest in this proposal: 611 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Farwest Corrosion Control Company Signature 4Bidder Dan McGrew Printed or Typed Signature Subscribed and sworn to before me this 6 day of J u 1 y .92006. JENN4FER VU COMM. �t859865 NOTARY PUBLIC - CALIFORNIA LOS AWEL.ES COUNTY vi NOTARY PUBLIC .�' Comm.Expfros AprN 20, 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: I. Metropolitan Water District, P. 0. Box 54153, Los Angeles, CA 90054 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mark Bushyeager - (909) 392-5286 $35,845.00 Contract Amount Deep Anode Well Type of Work 11/15/2005 Date Completed 2. —City of Long Beach Energy Dept., 2400 E. Spring Street, Long Beach, CA Name and Address of Public Agency 90866 Name and Telephone No. of Project Manager: Steve Bateman (562) 570-2034 $87,945.00 Multiple Shallow Anode Wells 10/14/2005 Contract Amount Type of Work Date Completed 3. Santa Margarita Water District, Mission Viejo, CA 92690 Name and Address of Public Agency Name and Telephone No. of Project Manager: Bart Lantz - (949) 459-6504 $218,850.00 Deep Anode Wells 11/30/2004 Contract Amount Type of Work Date Completed C-12 Jun 27 06 01:32p Public Works 714 374 1573 P.2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION CC-1276 June 27, 2006 Notice To All Bidders: Please note the following clarification to the Project plans, Specifications, and Technical Provisions: Under Section 3.2.D.1, the sentence, "Holes shall be drilled to obtain a nominal 8-inch diameter anode well" is correct. The indication on Plan Sheet CP-2, Detail 2 requiring diameter of 10-inch is incorrect, and is to be changed to 8-inch diameter. Please note the following change in Bid Opening Date to the Specifications: City of Huntington Beach invites sealed bids for the above stated projects and will roceivo 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 PM on July 6, 2006. Bids will be publicly open in the Conference Room B7 unless otherwise posted. This is to acknowledge receipt and review of Addendum Number one, dated June 27. 2006. W Company Name By G/J'7/06 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Andrew Ferrigno at (714) 536-5291. G:\Construction Contracts (CCs)\CC1276\Pre-Award\Addendums\CCi276 Addendum 1.doc iH 4 tromil'i TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No. BBSU KNOW ALL MEN BY THESE PRESENTS, That we, FARWEST CORROSION CONTROL COMPANY as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT THE AMOUNT BID IN 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 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION CASH CONTRACT 1276 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 15th day of June , 2006. (Witness) 6A Donna M. Green (Witness) Farwest Corrosion Control Company (Principal) (Seal) (Title) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA B _ J HUNSINGER (Attorney -in -Fact) Printed in cooperation with the American Institute of Architects (AIA) by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA Document A310, February 1970 edition. S-1869-G (07-97) -CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles f On June 15, 2006, before me, Donna M. Green, Notary Public, personally appeared JOHN D. HUNSINGER, ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person whose name is/aFe subscribed to the within instrument and acknowledged to me that he/sho4hey executed the same in his/hafi4htir authorized capacity(ia&}, and that by his/h"4th r signatureX on the r . DONNA M. GREEN = instrument the person , or the entity upon behalf of which the person COMM. #1643309 3: K a. NOTARY PUBLIC•CALiFORNIA'u acted, executed the instrument. = LOS ANGELES COUNTY ,N My Comm Expires Mar. 2, 2010 WITNESS my hand and official seal. Signature of IThough the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED I❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVAT OTHER: SIGNER IS RE SENTING: NAME OF RSON(S) OR ENTITY(IES) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: John D. Hunsinger, Mary Smith, Steven L. Brockmeyer, of Pasadena, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the -Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the .office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary And duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY CONIPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 6th day of March 2003. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD N/�57JR u J,,�.tV ANO i,AS�u,�C i WIATFORO r2 �, ¢ HARTFORD, t (7 1 9 3 2� O a 9 t CONN. fgo I � CONN. o '�, f'"^ v5�� 61 F�aJ Y'y • I.t� TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this 6th day of March, 2003 before me personally came GEORGE W. THOMPSON to me known, who, being- by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FAILMINGTON CASUALTY COMPANY, the, corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the. undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut; DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this I5th day of June 120 06 a� "'If J'0y ANO GAS U,t< •` HAMORM 1, W HARTFORD, 1932 o Mktt\ CONN. W CONN. n • �S a By Kori M. Johanson Assistant Secretary, Bone! t CITY OF. HUNTINGTON-BEACH 2000 MAIN' STREET CALIFORNIA 92648 r11=FIf_1= niz T141= (_ITV:rl FRV October 16, 2006 Corrpro Companies, Inc: 13011 Florence Avenue Santa Fe Springs, CA 90670-4505 Attn: Randy Galisky, District Manager Re: CC-1276, 20" Downtown Water Transmission Main � The City Council awarded the .bid to your company for the -above referenced project. ' Enclosed is copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be . returned to this office after the proiect 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 cone -year warranty, then a rider or separate bond must be submitted. .-Should you have any questions or concerns regarding the enclosures or items that must be on file in this office -prior to release of retention funds, .please call the Public Works Department at.536-5432. ' 4 Sincerely; . an L. Flynn - City Clerk - J F: pe 'Enclosures: Copy of Contract including Proposal ' Copies of insurance/bonds Declaration of Satisfaction . Certificate of Compliance Bid Bond (original) g;fol lowu p\ca s hco nt\cas hcon-lette r:doc (Telephone:714536-5227) . r F i CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND - Y=FneF!2 Gob pj! � 1p-51 ING- FOR DYv_t�l T _ __NL�WI' fErL- -�'1 s M 1 sus ro1�1 _ .1► r - .Y _ _ ._ W PLIL-' l*40pl= AB? �- OF CONTENTS Paize No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13., VARIATIONS IN ESTIMATED,QUANTITIES 10 . 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 1 I 16. -AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24., TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON -ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS_ 16 28. STOP NOTICES 17 29. ` NOTICES 17 30... SECTION HEADINGS 18 31. IMMIGRATION• 18 32. . ' LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 - 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. - DUPLICATE ORIGINAL 19 37. CONSENT n 20 38. SURVIVAL, 20 •• 39. MODIFICATION 20 40. ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ------�-----.�?� ,._._GUI•iI�P�N IDS II�t �.`w` .� FOR pdk�/NTa1N-1`_,1" Y�/P�`T` T%IS_M:_1 SS1 o_'N`M�°d:1lT T S AG EM NT (Agreementmaday of ` 20 0o , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and -�_ - - -- h- - � • , a California— hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as-l—U--- O N:.� �-'� - - S IIN Ity1'PI��S''_ -_ Iq M4 ,56( 6 in the City of Huntington - Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1.. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools,. equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk.of all loss or damage ,arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 l the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in - consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated.to be borne by CITY, and for well and faithfully completing 'the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all .the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section),'the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations, of CITY. It is agreed that the Contract Documents are* incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at, lengthherein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents .insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms/city const/4-03 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of .CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition .of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the` Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as. Exhibit ."A" and incorporated herein by .this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicableto the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between .any Plans, Specifications,' Special provisions, or Addenda, the matter shall be immediately -submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/forms/city const/4-03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees -to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the, provisions of this Agreement or the Contract Documents, a sum not . to exceed CPO w-rWO-} Nf�R=G rvIX"f = b11� - -Dollars ($ ( 04) 2— 6 ( ), 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 �' O-eesMfrom the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the'prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agree/forms/city const/4-03 4 other; contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall. have the right to decide the time and order in which the various. portions of the work shall be performed and the priority of the work of. other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written -cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by.DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city const/4-03 5 7. NOTICE TO PROCEED No work, services, ' material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant. that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation,. fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice . by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city const/4-03 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed -that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee : of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security; state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY; as liquidated damages and not as a penalty, the sum of Dollars per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the `event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/forms/city const/4-03 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted. an extension of'time and will not be assessed y damages for any portion of the delay in 'the completion of -the work due .to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW -in writing of the cause of the delay and CITY. shall extend the time for completing the work if, in its judgment, the. findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR..be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for. which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has . thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. . No claims for additional compensation or damages for delays;. irrespective of the cause thereof, and including without limitation the furnishing of materials .by CITY .or agree/forms/city cons4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time` for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of - Subsurface or latent physical conditions at the job site differing materially. from those indicated in this Agreement or. the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided,' however, the time prescribed therefor may be extended by CITY. agree/forms/city const/4-03 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. .Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and, circumstances, order an equitable adjustment, upwards or downwards, in .payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall. be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase ,in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%).will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as, determined from the bid schedule, and if DPW finds that ;satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/forms/city const/4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous .retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any. part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of fhe work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance , with the terms of the Agreement and that the amount, stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be. considered. as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and. persons employed, all firms supplying materials and all subcontractors, working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in. CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city const/4-03 1 1 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against, CITY under or arising out of this Agreement. 18. , INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, . indemnify .and hold harmless CITY, its officers, elected or, appointed officials; employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs,' and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by .CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3,700 et seq. of this Code, which requires every employer agree/forms/city const/4-03 12 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers'. compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors. to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and`all claims arising out onin connection with the PROJECT,.and shall provide coverage,in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per. occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, -elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall. specifically provide that any other insurance agree/forms/city const/4-03 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's.iiisurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required` coverage. 21. CERTIFICATES OF 'INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to. CITY certificates of : insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in .a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city const/4-03 14 elected and appointed officials, employees,, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION . If CONTRACTOR fails or refuses to prosecute the `work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this `Agreement upon the expiration of that time. Upon such default by CONTRACTOR, . CITY mayelect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful-, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city const/4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT "is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/2. %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND.OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant* to this Agreement. No officer or employee of . CITY shall have any financial interest in this Agreement in violation of the California Government Code: agree/forms/city const/4-03 16. a 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR: CITY may.charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice. filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. a 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent " (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in` a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN:ViFi G F- • NF- 2000 Main Street Huntington Beach, CA 92648 agree/forms/city const/4-03 17 j"v i �r Eiu i RI r c--r 'MANS 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the"various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the.parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and, naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work. involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city const/4-03 18 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language. of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not. strictly for or against, any of the parties. If. any provision of this Agreement is held by an arbitrator or court of competent jurisdiction ,to. be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require :the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to. which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to. bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4-03 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrenceof the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ` ENTIRETY: The parties acknowledge and agree that they are entering into this Agreement freely, and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to: consult with legal counsel prior to executing this'Agreement. The parties also - acknowledge. and agree that no representations, inducements, promises, agreements or warranties,' oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement; promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in 'writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have. caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a ('� municipal corporation.of the State of California Corgrp `-"�MPOLM 4 S �rlC - Mayor BY Sl ATTEST:` print name ITS: (circle one) Chairman/Presiden ice President sl ity Clerk AND By: APPRO TO FORM: .bob Nl'1 uyer - print name ITS: (circle one) Secretary�hief Financial Officer sst. City Att ey ` ..Secretary - Treasurer . TIAT AND APP VED: REVIEWED AND APPROVED: Director of Public Works Ci Administrator /"� agree/forms/city const/4-03 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a I municipal corporation of the State of California C.�rrp�t� �►n.�cx.nt.e.S , l,�C Mayor By: ATTEST: print name ITS: (circle one) Chairman/Presiden ice President City Clerk AND By: APPROVED AS TO FORM: Bob IM qw, print name ITS: (circle one) Secretary Chic Financial Officer sst.• City Attorney OIL Secretary - Treasurer REVIEWED AND APPROVED: City Administrator agree/forms/city const/4-03 21 ITIATED AND AAPP UED: ire- or of Public Works �X#ias- �1 SECTION'C PROPOSAL for the 20-INCH DOWNTOWN WATER,rRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION CASH CONTRACT No. 1276 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 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and wilt 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. G1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and tiling 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. n. Accompanying this proposal of bid, find 4P 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: ffilderirla Nn:: =Dai' Received i -2l�oG e-2 Bid Schedule CC-1276 20-INCH WATER TRANSMISSION MAIN CATHODIC PROTECTION REHABILITATION PROJECT W Nil 00 �0 FEZ, ER, 14---gT A N IN L TH X I Mobilization and I LS $ 6' oo o 6,000 I Permitting 2 Traffic Control at Lake Street Cathodic I LS $ Protection Site, include Traffic Control Plan 3 Traffic Control at Olive Avenue Cathodic Protection Site, I LS It include Traffic Control Plan 4 Traffic Control at Goldenwest Street Cathodic 1 LS 06 Protection Site, include Traffic Control Plan 5 Installation Deep 3 EA $ Well Anode 6 Abandonment of Eiisting Deep oto 00 Well Anode I EA $ Located in Street I or Travelway 7 Abandonment of Existing Deep Well Anode 2 EA $ Located in Parkway 8 Pothole Existing Utilities as 12 EA $500 $ 6 o 0 directed by the r City Inspector 9 Protect in place or replace Existing 30 LF $ -3 2- curb and gutter 10 Demobilization I LS $ 3 000 $- 31 OW and Cleanup C-3 PROJECT BID SCHEDULE TOTALS CC-1276 20-INCH WATER TRANSMISSION MAIN CATHODIC PROTECTION REHABILITATION PROJECT TOTAL BID AMOUNT $ 104 TOTAL.BID AMOUNT IN WORDS: // UA-ldred Awo LAi d r P �i .J��c . owe doff -c -r Notes. All extensions of unit prices will be subject to verification by Owner. In case of verification between the unit cost and the extension, the unit cost will govern. The Owner reserves the right to reject any or all proposals and bid items. 1 W S- i F J I CA LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Pvrtrvn Name and Adrtre�s of Su6con`tractor f i , s-yi vej.-+, - n? �'' �y, .r„� ' �? �, State Lrcense 4 •Nrrrlrl`11eY, �� ?r' CCasti' ��.,� ..�xti�. =ti r lPi Crete Q-f . S`` 1 1,71, c, IsSt 6S l By submission of this proposal, the Bidder certifies: I . That he is able to and will perform the balance of all work which is not covered in the ` above subcontractors listing. ti . 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND. SUBMITTED WITH BID State of California ss. County of Orange M• Mere -. being first duly sworn, deposes and says that he or she is Smog (T of 'L'OKfpe G�ompQn�� 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 bidis 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, of to any member or agent thereof to effectuate a collusive or sham bid. I Name of Bidder _ Signature of Bidder /096 oiMpAijelf uF Maiaf OH yyas-o Address of Bidder n Subscribed and sworn to before me this a3R day of 541)e' , 20 O - / RUTHANN GROVES NOTARY FUBUC, STATE OF OHIO MEDINA COUNTY MY coMM. EXPIRES SEPT. 29dor NOTARY PUBLIC, n NOTARY SEAL C-6 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED- CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION, (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, as familiar with the operation to he 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: 0 13 16 � C-7 l;olZ�prw �teS Inc Contractor s�o ae__ Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire: QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? C:7 Yes (A'No If the answer is.yes, explain the circumstances in the space provided. 1 Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-8 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: 5 �� C-4 4"�W'IZIO Contracto UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be .pennitted 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 AI'ert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: 1 �,1 Contractor By Title Date: Note: This form is reguiredli)r 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-10 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name / 1 Business Address Pr City, State Zip = Telephone Number `7LP4 $7 $ -ice:- r CaAadz-y Lt'-Zr otr� Ca� State Contractor's. License No. and Class Original Date Issued Lv [ - 30 j Zoy-7 ..1v1&-73'- (a )moo l zim-7 Expiration );late The work site was inspected by 6a C�Aln DPrSof our office on �`�'20 �6 The following are persons, firms, and corporations having a principal interest in this proposal: co G � c P rl _ C-1 I The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements iri accordance with the plans and specifications'set forth. ' Company Naine • ' r l Signature of Bidder v ' 1 Printed or Typed Signature Subscribed and sworn to before me thisd3 day of E , 2006. RUTHANN GROVES z« �r NOTAHY PUBLIC, STATE OF OHIO MEDINA COUNTY NOTARY PUBLIC(LJU", _ MY MUKA rraiRrc crar io*lblD V. RY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. . Name and Address of Public Agency L.ouG- d e#c 4v�✓G (3�'�ch r CA �/�$� 6 Name.,and Telephone No. of Project Manager:%t` Z 570'r7-0.3Y � . i a.f •. `t�i i .. t F' SU, co U - elo ✓a" P,�t/P/!-�'�w'4//A {7�i�iu ZV� - z06 Contract Amount Type of Work Date Completed 2. PJ ,4 , -L-7 7v � r� 61 r _ /�c'r�/1 Gl . e Name and Address of Public -Agency Name and Telephone No. of Project Manager: t f iF/ri �N �i� ' 2J — 3.7 z 005r Contract Amount Type of Work Date Completed M"I" 3. /J'10,L&,e s GcMAMA - is- 747 G#,Al f AvoR 70 s 3 Name and Address of Public Agency . � q GPI .- Name and Telephone No. of Project Manager: le- ZV Alegi ..�� .% J wPr,sJ Cc��/f 'I 369 4rF o r iXyLi� r rl s "—I�i. Contract Amount Type of Work Date Completed C-12 233 MAIN STREET • P.O. BOX 2350 • NEW BRITAIN, CT 06050-2350 • (860)`224-2000 Bond No. B25279 . BID BOND NOW ALL MEN BY THESE PRESENTS, that We, CORRPRO COMPANIES, INC., as Principal, and ACSTAR INSURANCE COMPANY, 233 Main Street, Post Office Box 2350, New Britain, Connecticut 06050-2350,, a corporation duly organized under the State of Illinois- as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 as Obligee, hereinafter called the Obligee, in the penal sum of 10% of the bid amount 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 and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CONTRACT NO. 1276 FOR 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION. NOW, THEREFORE, if the Obligee -.shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee, or in the event of the failure. of the Principal to enter into such Contract and 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. This obligation shall expire and be null and void 90 days from'the.date executed as set forth below. Signed and sealed this 22nd day of June 2006. ATTEST: ATTEST: CORRPRO COMPANIES, INC. Principal (Seal; By ACSTAR INSURANCE COMPANY Surety (Seal) By 'f-len Nozko; Jr., President 3/02 ACSTAR INSURANCE COMPANY 233 MAINSTREET-• P.O. BOX 2350 • NEW BRITAIN, CT 06056-2350 • (860)224-2000 BOND NO. B25279 RIDER; CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance' Act of 2002 (the "Act"). No action is required on your part. This Disclosure Notice is incorporated in and a part of the.attached bond, and is effective the date of the bond. You should know that, effective' November 26, 2002, any losses, covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutory..estabIished deductible paid by the insurance company. providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism. losses if the aggregate amount of insured losses under the Act exceeds. $100,000,000,000. during the applicable period for all insured's and all insurers combined. In that case, we will not be liable for the payment of any amounts, which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributed to coverage for acts of terrorism is 0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. EXCLUSION OF LIABILITY FOR MOLD, MYCOTOXINS, AND FUNGI The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, -spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence,. or appearance: =AFCS R 233 MAIN STREET • P.O. BOX 2350 NEW BRITAIN, CT os050oso-23so POWER OF ATTORNEY INSURANCE COMPANY (860) 224-2000 N-2 22675 This Power of Attorney must have original corporate seal, and red and blue ACSTAR logo to be valid. Know all men by these presents: That ACSTAR Insurance Company, a corporation of the State of Illinois, having its principal office in the City of New Britain, Connecticut, pursuantto the following Resolution, which was adopted by the Board of Directors of the said Company on June 23, 2005. RESOLVED; That the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) -That the Chairman, the President, any Vice President and General Counsel, or any Attorney -in -Fad, may execute for and on behalf of the Company any and all bonds, under- takings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Corporate Secretary, or any Assistant Corporate Secretary, and the seal of the Company affixed thereto; and that the Chairman or President may appoint and authorize any other Officer (elected or appointed) of the Company, and Attorneys -in -Fact to'so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested to by the Corporate Secretary. (3) The signature of the Chairman, the President, or a Vice President of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, and the signature of a facsimile to any certificate of any such power, and any such power or certificate bearing such fascimille signature and seal shall be valid and binding on the Company. (4) Such other Officers of the Company, and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. does hereby nominate, constitute and appoint HENRY W. NOZKO, JR., ROBER_ T H. FRAZER, DAVID A. PRICE, MICHAEL P. CIFONE, JOAN C. FORTIER, HENRY W. NOZKO III each individually, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds,under- takings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding TEN MILLION DOLLARS ($10,000,000.00) each' n and the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, as if they had bee duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, Henry W. Nozko, Jr., President, has hereunto subscribed his name and affixed the corporate seal of- "ACSTAR Insurance Company this 23rd day of June 2005. ACSTAR Insurance Company by Henry W. NI&Ao Jr., P t STATE OF CONNECTICUT ) ss. NEW BRITAIN COUNTY OF HARTFORD ) On this 23rd day of June 2005, before me, a Notary Public of the State of Connecticut came, Henry W. Nozko, Jr., President of ACSTAR Insurance Company, ,to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same, and the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his: signatures were duly affixed by the authority and direction of the said corporation, and the Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my -hand and affixed my official seal at the City of New Britain the day and year first above written. OTARI URT .IC 1rdi.o.,►LQ, � . p Notary Public -Diane L. Plante I, the undersigned, Secretary or Assistant Secretary of ACSTAR Insurance Company, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy, is in full force and effect. In witness'whereof, I have hereunto subscribed"my nameas Secretary or Assistant Secretary, and affixed the corporate seal of the . Corporation, this. 22nd day of June. 20p6 Robert . Frazer/Micto.P. Cifone Secretary/ Assistant Secretary Jun 27 06 01:44p Public Works 714 374 1573 p.2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION CC--1276 June 27, 2006 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions'.. Under Section 3.2.113;1, the sentence "Holes shall be drilled to obtain a nominal 8-inch diameter anode well" is correct. The indication on Plan Sheet CP-2, Detail 2 requiring diameter of 10-inch is incorrect, and is to be changed to 8-inch diameter. Please note the following chanqu, in Bid Opening Date to the Specifications: City of Huntington Beach invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2.00 PM on July 6, 2006. Bids will be publicly open in the Conference Room B7 unless otherwise posted. This is to acknowledge receipt and review of Addendum Number one, dated June 27, 2006. �D ' r o rr p-b (�o m loA1,11e, 7c Company NarTie By P_ Date - - All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Andrew Ferrigno at (714) 536-5291. G:1Construction Contracts(CCs)VCC12761Pro-AwardlAddendums\CC1276 Addendum 1,doc ,DIRECTORS AND OFFICERS OF CORRPRO COMPANIES, INC. April 5, 2006 Directors Name Employment Phone Number Position Jay 1. Applebaum Wingate Partners IIL L.P. (214) 720-1313 Principal 750 N. St. Paul Street Suite 1200 Dallas, Texas 75201 Thomas P. Briggs 115 Royal Tiger Road (970) 453-6404 Outside Director Breckenridge, CO 80424 James A. Johnson Wingate Partners III, L.P. (214) 720-1313 Principal 750 N. St. Paul Street Suite 1200 Dallas, Texas 75201 Jeffrey N. MacDoweil American Capital (214) 273-6633 Principal 2200 Ross Avenue Suite 4500 W Dallas, TX 75201 Emilio T. Pena Illumina Energy Group, (713) 869-5672 President LP 714 Parker Street Houston, TX 77007 Jason H. Reed Wingate Partners III, L.P. (214) 720-1313 Principal 750 N. St. Paul Street Suite 1200 Dallas, Texas 75201 -William R. Seelbach Ohio Aerospace Institute (440) 962-3001 Chief Executive Officer & 22800 Cedar Point Road President Cleveland, OH 44142 Stanford 5pringel Alvarez & Marsal (415) 490-2300 Managing Director Holdings, LLC One Embarcadero Center Suite 3260 San Francisco, CA 94111 Officers Name Corrpro Location Phone Number Position James A. Johnson N/A (214) 720-1313 Chairman of the Board, Chief Executive Officer and President David M. Johnson 7000 B Hollister (713) 460-6000 President of U.S. Operations Houston Texas 77040 David H. Kroon 7000 B Hollister (713) 460-6000 Executive Vice President Houston Texas 77040 Barry W. Schadeck I,0848 - 210 Street (780) 447-4565 Executive Vice President Edmonton, Alberta T5S 2A7 Canada Robert M. Mayer 1090 Enterprise Drive (330) 723-5082 Senior Vice President, Chief Medina, Ohio 44256 Financial Officer and Treasurer Denise K. Patterson 1090 Enterprise Drive (330) 723-5082 Assistant Secretary Medina, Ohio 44256 { AUG/2V2005/WED 09; 28 AM ACORDIA OF OHIO, LLC FAX No, 2169025302 P" 002/005 ACORD. CERTIFICATE OF LIABILITY INSURANCE os/z 1106 PNYYY) PRODUCER Acordla. rawer at >=rlevlew 1361 E. Ninth Street #3890 Cleveland, OH 44114 THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTAR THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC INSURED Corrpro Companies, Inc. 13011 Florence Avenue Santa Fe Springs, CA 90670 INSURER A: Zurich American Ins Co IN9uRm e: Hartford Casualty Insurance Co. INsURERC: interstate Fire & Casualty Ins. Co. INBURERO: Liberty Mutual Insurance Company INSURER E! Steadfast Insurance Co. �nuanar_ec THE POLICIES OE INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHsCANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN; THE INSURANCE AFFORDEQ BY THE POLICIES OFSCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES; AGGREGATE UM[FS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR KDvL 9 TYPE OF INSURANCC - POLICY NUMBER D D EFFDD THE PDAf2 MM I Dn N LIMITS A GtNERAL LIABILITY X cOMMERCiAL GENERAL UAB1LITY CLAIMS MADE 51OCCUR GLOSS6898601 0211 sloe 02/15/07 EACH OCCURRENCE $1 000 000 DAMA E RENTED $100 00D MEO EXP (Any one on Srj DQQ PERSONAL 6 ADV INJURY s1 ODD QOO OENERAL AGGREGATE - $2 000 000 GEN'LAGGREGATE LIMIT APPLIES PER: 7X POLICY J R LOC PRODUCTS-COMPIOP AGO $1 0000 B AUTOMOBILE X WADIOTV ANYAUTO ALL OWNED AUMS SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTOS ------ 45UENUJ8119 7� T r�, T A 1C V L ,JEl\TIVIFE Mc� - _ 02115/06 O F, O -. TH, Ci A 02/15/07 orney �'97166 �HIu D SINGLE LIMIT $1,QOQODD - BODILY INJURY - (Porpelsonl ,- $ X X- X BODILY INJURY (Peracueenp $ .. .. PROPERTY DAMAGE. (Peraccidcnl) $ . GARAGE LIABILITY ANY AUTO AUTO ONLY- EAACCIDENY S OTHERTHAN FA ACC AUTO ONLY: AGG $ S C EXGE9SIUMBRELLA LIABILITY X OCCUR a CLAIMS MADE DEDUCTIBLE RETENTION $ PFX1000018 D2/1e106 02115107 EACH OCCURRENCE $ D ODO AGGREGATE S5,0001000 S $ D .WORKERS COMPENSATION AND EMPLOYERS' LIABILITY " ANY PROPRIETORIPARTNER OFFIC£R(MEMBER EXG UDEED ECUTIVE Iiyyeas descrigeunder SPEGIIAL PROVISIONS below WA218DO53853036 02/14106 - 02114107. X WC LIMIT oTH- E.L. EACH 4CCIDENT $1 00O O00 E.L. DISEASE -EA EMPLOYE S3 000,000 E.L. DISEASE'POLICY LIMIT $1 000 QQQ E OTHER LIABILITY PFtoFEssioniAtr POLLUTION PEC586698301 02/15106 102JI5107 $5,000,000-- CLAIM $5,000,000 - AGO. PESCRIPTIQN OF OPERATIONS I LOCATION$ I VEHICLES IEXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS t Project: 20-inch Downtown Water Transmission Main Impressed Current Cathodic Protection Well Anode Rehub.Cush Contract No. 1276; .Furnish all labor, material and equipment to install an impress Current Cathodic Protection System City of Huntington Beach, its agents, officers and employees and the Redevelopment Agency (See Attached Descriptions) ULK I I ILA It: 71ULUtK t:AfYVM .A I IVLY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE SHE EXPIRATION, City Of Huntington Beach DATE THLREOP, THE ISSUING INSURER WILL}MAIL 30- DAYS WRITTEN Dept. of Public Works NOTICE TO THE CERTIhCATE HOLDER NAMED TO THE LEFT,Ti Attn: Erice Charlone f�7b0A�tRilDt�u41tou1tUDtRDt/�blt�It 2000 Main Street Huntington Beach, CA 92e48 AUTHORI D REPRESENTATiV@ ACORD 26 (200110B) 1 of 3 9SB38471M83733 ' YMI & ACORD CORPORATION 1988 „AUG/23/2006/WED 09.: 28 .AM ACORDIA OF OHIO, LLC FAX No, 21.69025302 P. 003/005 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(€es) must be endorsed. A statement on th€s certificate does not confer rights to the certificate holder In Ileu 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 certif€cate does not confer rights to the certificate holder in IleU of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of thisform does not constitute a contract between theissuing insuregs), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by tha po€ic€es listed thereon. , . AcoRD,25-s (2001108) 2 `of 3 #i5939471M83733 AUG/2:3/2006/WED 09:28 AM AOORDIA OF OHIOILLC FAX No,2169025302 P.D04/OO5 ,..AUG/23/2006/WED 09:28 AM ACORDIA OF OHIO,LLC FAX No�,2169025302 T.005/005 POLICY NUMBER:` GL0586898001 COMMERCIAL GENERAL LIABILITY CG 20 3710 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL- INSURED - OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL'; GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Porson or Organization: City of Huntington Beach, its agents, officers and employees and the Redevelopment Agency of the City of Huntington Beach Location And, oescription of Completed Operations: All operations performed on behalf of City of Huntington Beach, Its agents, officers and employees and the Redevelopment Agency of the City of Huntington Beach Additional Premium: Included - (If no entry=appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) Section II — Who 1Is'An insured 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" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-oompleted operations. hazard". CO 20 3710 01 0 ISO Properties, Inc., 2000 Page 1.of 1' 009 Bond No, F18486 Premium $1,824.57 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to es'City") has, by written agreement dated 20�, entered into a contract with Corrpro Companies, Inc. 13011 Florence Avenue, Santa Fe Sj)ringsr California 90670 (name and address of contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: Cash Contract No. 1276: 20—inch Downtown Water Transmission Main Impressed Current Cathodic Protection Well Anode Rehabilitation {Project 1106i WHEREAS, said contract, and all documents referenced thtrein (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 famish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, we, the undersigned, as principal, and ACSTAR Insurance Company 233.Main Street, New Britain, Connecticut 06051 (►lint* and address of au") (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 of Huntington Beach in the penal sum of One Hundred Four Thousand Two Hundred Sixty One and 00/100 Dollars ($104,261.00), 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. This bond shall not automatically increase. The bond penalty cannot increase by more than 20% including all modifications or change orders in the aggregate without prior written consent by the Surety. 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 perfom)ed by the Principal in strict accordance with the terms of the Contract as said oontract may be altered, amended or modified from, time to tirne; and If the Principal shall indemnify and save harmless Clty and all of City's officers, agents And employees (hereinafter collectively refsreed to ass "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 bn the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterationa, amendments and modifieatlo► s 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 aiteration,'change; delttion, addition or other modification to the Contract, or the work to be performed thereunder, shall in anyway affect, limit, restrict, impair or release the obligations of the Surety under this Band. Surety waives notice of any adjustment of contract time or contract pried, and zrnai,, PERFORMANCE BOND Page 1 of 2 Bond No. F18486 any other alteration, Change, deletion, addition of other modiftation to the Contract, or the worts to to performed thereunder, and agrees to automatically adjust ft penal sum of this Bond to reflect such adjustments, alterations, changes, ddletions, additions or other rnodlf eftns. 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 (iabill ies of the Principal which survive completion of the work. IN WITNESSWHEREOF, 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 nan-4 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 PHnclpal to execute or propefly execute this bond, Crated: August 28, 2006 ATTES Lc��r'1 (Car -orate Seal) ATTEST Giij,Ls✓ / v�/%4�V (Corporate Seal) (Attach A t mey-in-Fact Certificate) Corrpro Companies, Inc. (Principal Name) By: Idle: c a VI( 4e - c ACSTAR Insurance Company (Surety Name) Nam enry Gl. 5M3, Jr., President_ (Signature of Attorney -in -Fact for Surety) (860) 224-2000 (Area Code & Telephone Numberof Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By: . L__� AeInnifer McGrath 9 ZI City Attorney Note: Ms bond must be executed 01 04#o Mte And dated, all sowb,res must be notarized, and evfdenos of the auftrfty or any WWn a4nMass attomay-in,factmust be 0000a. 2r"i i PERFORMANCE BOND Page 2 of 2 ACSTAR INSURANCE COMPANY 233 MAIN STREET - P.O. BOX 2350 - NEW BRITAIN, CT 06050-2350 - (860) 224-2000 NOTARY ACKNOWLEDGEMENT FOR CORPORATE SURETY State of Connecticut ss: New Britain County of Hartford I, Marie Vassar, Notary Public in and for the county and state aforesaid, do hereby certify that Henry W: Nozko, Jr. who, as President, signed the foregoing instrument for ACSTAR Insurance Company, a corporation, bearing date the 28th day of August, 2006, has this day, in my said county, before me acknowledged the said instrument to be the act and: deed of the said corporation. Given under my hand this 28'th""d'ay, of August, 2006. =� J Notary Public -- Marie Vassar My commission expires: August 31, 2010 MARIE VASSAR NOTARY PURUC MY COMMISSION EXPIRES AUG. 31, 2010 Bond NC. F18486 PAYMENT Rom (LABOR AND MATERIALS) KNOW ALL PERSONS 13Y THESE PRESENTS that; WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to Corrpro Companies, Inc.. 13011 Florence Avenue, Santa Fe Springs, California 90670 (mama and 10dress of Contractor) (hereinafter referred to as "principal"), a contract ("Contract") for the work described as follows: Cash Contract No. 1276: 20—inch Downtown Water Transmission Main Impressed Current Cathodic Protection Well Anode Rehabilitation (project title) MERE,AS, Principal Is required under the terms of the Contract and the California Civil Coda to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and _ ACSTAR Insurance Company 233 Main Street, New Britain, Connecticut 06051 (nsms and address of 8uwv) (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 of Huntington Beach in the penal sum of One Hundred Four Thousand Two Hundred Sixty One and 00/100 Dollars ($104,261.00), 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. This bond shall not automatically increase. The bond penalty cannot increase by more than 20% including all modifications or change orders in the aggregate without prior written consent by the Surety. THE CONDiMN OF THiS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fall to pay any of the persons, named In Secbon $181 of the California Civil Code ("Claimants") for all labor; materials or services used or reasonably required for use In pertotnnance 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 1815 of tha Labor Code, or gny 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 ln5urance Code with respect to the work or labor perfbmted under the Contract. Surety will pay for the same, in an amount not exreedfng 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 Caldbmia 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 oontract docunwnt or any work to be trerformed thereunder, whether made after notice or not, shah in any way affect, impair or release the ,obligations of Surety under phis bond. Surety hereby waives notice of any such Change, =rr:n,Y PAYMENT BOND Page I of 2 Bond No, F18486 exbt nmbn of time, alteratim, addition, or mo0cation to the tarms of the Contract, the otmtra # documents or the worts tnoreunder. surety also waives the provisions of Crafifomie Civil Cade §§ 2545 and 2849, IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the data 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 28,. 2006 ATTEST (,r.GK,�`` . Corrpro Companies, Inc. (Corporate Seel) (/ (Principal Nern®) r wATTEST (Corporate $eal) (Attach Attoarney-in-Fact Certificate) By; AW-14--ak, -- Its; c� eS ACSTAR Insurance Company (Surety Name) By; Name; my W. Nozko, Jr., President (Signature of Attorney -in -Fact for Surety) (60)_ 224-2000 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By: ?Jennifer9 McGrath J D 4' y Attorney Note: This bond mutt be executed In dupffoafe and dated, att s078twes must tit noranzed, and oWdence of ft avfhorlfy of any persm signing as aftorwy-rn-fact musi be attached. PAYMENT BOND Pagc 2 of 2 �_ ACSTAR INSURANCE COMPANY 233 MAIN STREET • P.O. BOX 2350 • NEW BRITAIN, CT 06050-2350 • (860) 224-2000 NOTARY ACKNOWLEDGEMENT FOR CORPORATE SURETY State of Connecticut ss New Britain County of Hartford I, Marie Vassar, Notary Public in and for the county and state aforesaid, do hereby certify that Henry W. Nozko, Jr. who, as President, signed the foregoing instrument for ACSTAR Insurance Company, a corporation, bearing date the 28th day of August, 2006, has this day, in my said county, before me acknowledged the said instrument to be the act and deed of the said corporation. Given under my hand this 28th day of August, 2006. r u. NotaryPublic A Marie Vassar MARIFE VASSAR My commission expires: August 31, 2010 J90TARYPUBLIC My COMMISSION EXPIRES AUG. 31, 20 W ACSTAR INSURANCE COMPANY 233 MAIN STREET • P.O. BOX 2350 • NEW BRITAIN, CT 06050-2350 • (860) 224-2000 BOND NO. F18486 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM. COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Act"). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed .by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutory established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000. during the applicable period for all insured's and all insurers combined. In that case, we will not be liable for the payment of any amounts, which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributed to coverage for acts of terrorism is 0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. EXCLUSION OF LIABILITY FOR MOLD, MYCOTOXINS, AND FUNGI The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines,'spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. I LVLY lJ LYV • 1' lOi'OV K?INSURANCE CSR 233 MAIN STREET • P.O. BOX 2350POWER OF ATTORNEY NEW BRITAIN, CT 06050-2350 COMPANY (860) 224-2000 N2, 23231 This Power of Attorney must have original corporate seal, and red and blue ACSTAR logo to be valid. Know all men by these presents: That ACSTAR Insurance Company, a corporation of the State of Illinois, having its principal office in the City of New Britain, Connecticut, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on June 23, 2005. RESOLVED, That the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) That the Chairman, the President, any Vice President and General Counsel, or any Attorney -in -Fact, may execute for and on behalf of the Company any and all bonds, under- takings, recognizance% contracts and other writings in the nature thereof, the same to be attested when necessary by the Corporate Secretary, or any Assistant Corporate Secretary, and the seal of the Company affixed thereto; and that the Chairman or President may appoint and authorize any other Officer (elected or appointed) of the Company, and Attorneys -in -Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested to by the Corporate Secretary. (3) The signature of the Chairman, the President, or a Vice President of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, and the signature of a facsimile to any certificate of any such power, and any such power or certificate bearing such fascimille signature and seal shall be valid and binding on the Company. (4) Such other Officers of the Company, and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. does hereby nominate, constitute and appoint HENRY W. NOZKO, JR., ROBERT H. FRAZER, DAVID A. PRICE, MICHAEL P. CIFONE, JOAN C. FORTIER, HENRY W. NOZKO III each individually, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, under- takings, recognizances, contracts and other writings in the nature thereof.in penalties not exceeding TEN MILLION DOLLARS ($10,000,000.00) each, and the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, Henry W. Nozko, Jr., President, has hereunto subscribed his name and affixed the corporate seal of ACSTAR Insurance Company this 23rd day of June 2005. ACSTAR Insurance Company by — Henry W. NI&Ao Jr., P t STATE OF CONNECTICUT ) ) ss. NEW BRITAIN COUNTY OF HARTFORD ) On this 23rd. day of June 2005, before me, a Notary Public of the State of Connecticut came, Henry W. Nozko, Jr., President of ACSTAR Insurance Company, to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same, and the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signatures were duly affixed by the authority and direction of the said corporation, and the Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of New Britain the day and year first above written. OTAR 4momb UBLIC rLua..le�. 9 . �.a. Notary Public - Diane L. Plante 1, the undersigned, Secretary or Assistant Secretary of ACSTAR Insurance Company, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy, is in full force and effect. In witness whereof, I have hereunto subscribed my name as Secretary or Assistant Secretary, and affixed the corporate seal of the Corporation, this 28th day of August 20o6 Robert'Ti. Frazer/MicVOP. Cifone ^ Secretary/ Assistant Secretary 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 reidenrich, City Treasurer FROM: DATE:16,X SUBJECT: Bond Acceptance 1 have received the bonds for (Company Name) Faithful Performance Bond No. Labor and _Material Bond No. Monument Bond No. Maintenance Bond No. t .. Re: Tract No. CC No. MSC No. Approved, O Agenda Item No. _ (C unci App oval Date) City Clerk Vault No. #27 g:ifollowup/bondletter doc DECLARATION OF SATISFACTION OF CLAIMS F , state: (Name of Contractor) 1. 1 am the'general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: and dated 2. All workers . and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid infull. 3. The following are either disputed claims, or items in connection with Notices to Withhold,; which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") • declare under penalty of perjury that the foregoing is true and correct. Executed at, on this day of 20_ (Location) (Signature of Contractor) A PPRO VEp AS TO FORM J Iv�NiPER McGRATH, City Attorney f arch Sutton g:followup\cashcont\cashcon2.doc procedure #15 ; ePuty City Attorney City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title Vil of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been.paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) APPROVED AS TO FORM EN J IFER IVICVRATH, City Attorney Sarah Sutton j Puh' City Attorney i z/ ��3 T. . g:followup\cash conftashcon 1.doc procedure #14 _n v_ 5. _C4 . t ' CITY OF HUNTINGTON BEACH. 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 16, 2006 American Construction 45 San Clemente Dr., Ste. A 100 Corte Madera,'CA '94925-1232 RE: CC- 1276 = 20" Downtown Water. Transmission Main . 1 Enclosed please find your original bid bond for CC-1276. Sincerely, 06an L: Flynn City Clerk I JF.pe enclosure t t u ( Telephone: 714-536-5227 ) i r-rap,� u ',L III y > X ��.- ,:., �... �. � ...,, e i, „ r-.., k.,� a. .u.r, � __... �;�•..,�, �r '�W '+��";,3�' i s4a F;%a. �. +5� 'N';. � s..'"�+e ,t . ., ..... M.. �.,a y f .A: •'A<.,7i-.! Vr ,. .., .. �e � 'T°"�r xx�@ .sJ' 4�, "�^t+o.� �.r!K �.a'�tiv �{{ rv�. �: b „±�#' : x£. �.5.' ... . </sY:w. _ ._.. .. ,z �' h`•. r.: ..t 'x'F. . ;�i 1t .tT.' A. :!• Y ,x Ms , . a ll� _... -. r . .- ., - ; • SECTION C PROPOSAL for the 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION CASH CONTRACT No. 1276 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 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to,AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely forlhe purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. bidder's Accompanying"this proposal of bid, find 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). . t1j T C-2 Bid Schedule CC-1276 20-INCH WATER TRANSMISSION MAIN CATHODIC PROTECTION REHABILITATION PROJECT st n iyi SRN iu . - € �5 Y II N a r"4�Pr 7 ti6 s r-.:fi e et �"'�Vi"7`77"x h}` :wr^,'si FRI N� F1 ,m 7irii`. No Description h F Qty iTnrt ITnit C sk' !, Lihk,Jc st wriiten) ='° Total Cost , "gip 1 Mobilization and 1 LS $ 20,000. $ 20, 000.00 Permitting 2 Traffic Control at Lake Street Cathodic 1 LS $ 2 000- $ 2. 000 00 Protection' Site, + r include Traffic Control Plan 3 Traffic Control at Olive Avenue Cathodic 1 LS $ 2,000, $ 2, 000 - 00 Protection' Site, include Traffic Control Plan 4 Traffic Control at Goldenwest Street Cathodic ' 1 LS $ 2,000. $ 2,000.00 Protection Site, include Traffic Control Plan 5 Installation Deep 3 EA $ 31, 479. $ 94, 437.00 Well Anode 6 Abandonment of Existing Deep Well Anode 1 EA $ 4,180, $ 4,180, 00 Located in Street or Travel way 7 Abandonment of Existing Deep Well Anode 2 EA $ 31045. $ 6,090.00 Located in Parkway 8 Pothole Existing Utilities as 12 EA $ 20• $ 240.00 directed by the City Inspector 9 Protect in place or replace Existing 30 LF 0 $ $ 0.00 curb and gutter 10 Demobilization 1 LS $ 1, 000. $ 1,000.00 and Cleanup C-3 PROJECT BID SCHEDULE TOTALS CC-1276 20-INCH WATER TRANSMISSION MAIN CATHODIC PROTECTION REHABILITATION PROJECT TOTAL BID AMOUNT $ 131,947.00 TOTAL BID AMOUNT IN WORDS: One hundred thirty-one thousand nine hundred forty°. -seven dollars, Notes: All extensions of unit prices will be subject to verification by Owner. In case of verification between the unit cost and the extension, the unit cost will govern. The Owner reserves the right to reject any or all proposals and bid items. C-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 the work to be done by such subcontractor. Portion Name and Address of Subcontractor . State License Class" o Number 2537 Rubidoux Blvd Pave Medina'Construction Riverside, CA`'": 784618 A By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the -AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California iss. County of 9ra ge AA(a-r � ►'1 Stephen C. McKim , being first duly sworn, deposes and says that he or she is Vice President of American Connt; & Supply; I -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. State of California County of Marin Subscribed and Sworn before me thisa day of�oQQ- oby e.p n C, McEtnn ed NOTARYullc 0'-��/ Provto me on the basis of satisfactory evidence to be the person who appeared',before me. i American Construction and Supply,_Inc. Name of Bidder Signature of Bidder 45 San Clemente Drive, Suite A-100 Corte Madera, CA 94925 Address of Bidder Subscribed and sworn to before me this Qd 3 ay of , 200-G ------- EtANOR CHERIER Commission # 1646913 [ 01MVComm. Notary Public - California Morin County Expires Feb 21, 201 NOTARY PUBLIC NOTARY SEAL C-6 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION, (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. I. Date: June 23, 2006 C-7 American COnStIZIlction and Supply; Inc. Contractor By Stephen C. McKim V] C"P PYPGi dPni- Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder,'! any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes N0 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. C45:3 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: June 23 2006 C-9 American Const ction and.S%ipply, Inc. Contractor By Stephen C. McKim Vice President Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig:Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Date: i r 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-10 i BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: American Construction and Supply, Inc. Bidder Name 45 San Clemente Drive, Suite A-100 Business Address i Corte Madera, CA 94925 F City, State Zip ( 415 ) 927-2024 Telephone Number 310599, Class .A, C-10, C-57 State Contractor's License No. and Class 10/14/1.975 Original Date Issued 3/31/2007 Expiration Date The work site was inspected by Steve McKim of our office on June 8 2CQ6, The following are persons, firms, and corporations having a principal interest in this proposal: Rudy E. Arana - President Cynthia C. Arana CFU Stephen C. McKim - Vice President C-11 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance. with the plans and specifications set forth. American Construction and Supply, Inc. Comp-tfie any N '" State of California County of Marin Subscribed and Sworn before me Signature of Bidder this a?) day of DATE - ......Y.. C G Printed or Typed Signature Proved to me on the basis of satisfactorence to y evid be the person who appeared bef ye vid Subscribed and sworn to before me this 23 day of June , 2006. NOTARY PU C4fYYVK VRCKICK Commisslon # 1646913 Notary Pub is • Call tornia c j 1 t�Aatln County N1Y Comm. Expires F2 21, 201 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. San Diego County Water Authority-4677 Overland Ave San Diego, CA 92123 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mr. John Calleher 760-233-3206 $490,447.00 Cathodic Protection July 2004 Contract Amount Type of Work Date Completed 2. Irvine Ranch Water District P O.,Box 57000 Irvine, CA 92619 Name and Address of Public Agency Name and Telephone No. of Project Manager: Ms. Anita Arant 949-453-5556- $378,772.00 Cathodic Protection March 2004 Contract Amount Type of Work Date Completed 3. Capistrano Valley.Water District 32400 Paseo Adelanto San Juan Capistrano, 92675 Name and Address of Public Agency Name and Telephone No. of Project Manager: Eric Bauman, 949-487-4312 $437,603.00 Cathodic Protection June 2003 Contract Amount Type of Work Date Completed C-12 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER -ONE For 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION CC-1276 June 27, 2006 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: Under Section 3.2:D.1,;the sentence "Holes shall be drilled to obtain a nominal 8-inch diameter anode well' is correct. .The indication on Plan Sheet CP-2, Detail 2 requiring diameter of 10-inch is incorrect, and is to be changed to 8-inch diameter. Please note the following change in Bid Opening Date to the Specifications: City of Huntington Beach invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on July 6, 2006. Bids will be publicly open in the Conference Room B7 unless otherwise posted. This is to acknowledge ireceipt and review of Addendum Number one, dated a 27, 2006. t i American Construction and Supply, Inc: Company Name By Stephen C. McKim July 5, 2006 .Date All bidders must acknowledge the receipt of this Addendum with your bid, proposal. Should you have any questions regarding this Addendum, please call Andrew Ferrigno at (714) 536-5291. G:\Construction Contracts (CCs)\CC1276\Pre-Award\Addendums\CC1276 Addendum 1.doc r d Bond No.: N/A INSURANCE COMPANY OF THE WEST P.O. Box 85563, San Diego, CA 92186-55613 BID OR PROPOSAL BOND KNOW ALL MEN BY .THESE PRESENTS: That We, AMERICAN CONSTRUCTION AND SUPPLY, INC. (hereinafter called the Principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds .or undertakings required or authorized by the laws of the State of CA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the obggee) In the just and full sum of Ten percent of amount bid. Dollars ($ 10% of Amount Bid ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and 'our heirs, executors, administrators, successors and assigns, jointly and severally, firmly. by these presents. THE CONDITION OF THIS 013LIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated 6/29/2006 for 20-inch Downtown Water Transmission -Main Impressed Current Cathodic Protection Well Anode e ibilitation; Cash Contract No. 1276 in accordance with the plans and specifications, filed in the office of the obligee and under the notice inviting 'proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon'by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and, remain in full force and effect. PROVIDED. HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall': furnish evidence satisfactory to Principal and Surety, that financing has been firmly committed to cover the entire cost of the project. Signed, sealed and dated:! JUNE 23, 2006 AMERICAN CONS TION AND SUPPLY, INC. Principal i by .,, ,. (.Seal) INSURANCE COMPANY OF THE WEST Surety I by Attorney -in -Fact Katherine G. Zero:jnian ICWTX 409 (06192) a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of SAN FRANCISCO On JUNE 23, 2006 , before me, SHARON A. DAVIDSON, NOTARY PUBLIC Date Name and Title of Officer (e.g., "Jane Doe, Notary Public') personally appeared KATHERINE G. ZEROUNIAN Name(s) of Signer(s) SHARON A. DAVIDSON Commission # 1501918 z� - Notary Public -California San Francisco County My Comm. Expires Jul 19, 2008 Place Notary Seal Above ® personally known to me E] proved to me on the basis of satisfaGtory ev+dense to be the person(o whose name(&) is/are subscribed to the within instrument and acknowledged to me that Wshe4 ey executed the same in hOAer4hc-4 authorized capacity(ie&), and that by hiAs er4fi.,e - signatureW on the instrument the person(& or the entity upon behalf of which the person(&} 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 Name Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporation Officer -- Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Top of thumb here 0 1999 National Notary Association' 9350 De Soto Ave., P.O. Box 2402' Chatsworth, CA 91313-2402' www.nationalnotary.org Prod. No. GE07 Reorder Call Toll -Free 1-600-878-6827 No. 0004702 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized tinder the laws of the State of Texas, (collectively referred to as the "Companies'), do hereby appoint JOHN T. LETTIERI, MARK ROPPO, TOM BRANIGAN, PAUL RODRIGUEZ, KATHERINE G. ZEROUNIAN their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. . In. witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1 st day of November, 2005. Jeffrey D. Sweeney, Assistant Secretary State of California } SS. County of San Diego INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY JohnL. Hammm, Executive Vice President On November 1, 2005, before me, Francis Fafaul, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf ofwhich the persons acted, executed the instrument. Witness my hand and official seal. Francis Fafaul, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the persori(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 23RD day of .TUNE 1 2006 Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attomey Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. �, CITY OF HUNTINGTON BEACH FARWEST *_!:T CORROSION CONTROL COMPANY, 1480 W. Artesia Boulevard Gardena, California 90248-3215 "SEALED BID"' FOR 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION IN THE CITY OF HUNTINGTON BEACH DO NOT OPEN WITH REGULAR MAIL r�..� LO 2006 JUL -6 PM I: 26 SIT 1 f l T `t 10 , 7 1 SECTION C PROPOSAL for the 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION CASH CONTRACT No. 1276 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 45 working. days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents: If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed fora period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrdes 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. Bi dder.`sF Accompanying this proposal of bid, find 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: 1 Bid Schedule CC-1276 20-INCH WATER TRANSMISSION MAIN CATHODIC PROTECTION REHABILITATION PROJECT I Mobilization and I LS $ 2,500.00 Two Thousand $ 2,500.00 Permitting Five Hundred 2 Traffic Control at Lake Street Cathodic 1 Ls $ 2,100.00 Two Thousand $ 2,100.00 Protection Site, One Hundred include Traffic Control Plan 3 Traffic Control at Olive Avenue Cathodic ' 1 Ls $ 2,100.00 Two Thousand $ 2,100.00 Protection Site, '. . One Hundred include _Traffic Control Plan 4 Traffic Control at Goldenwest Street Cathodic . I LS $ 2,100.00 Two Thousand $ 2,100.00 Protection Site, One Hundred include Traffic Control Plan 5 Installation Deep 3 EA $33,500.00 Thirty -Three Thousand $100,500.00 Well Anode Five Hundred . 6 Abandonment of Existing Deep Well Anode, I EA $ 4,500.00 Four Thousand $ 4,500.00 Located in Street Five Hundred . or Travelwa 7 Abandonment of Existing Deep Well Anode 2 EA $ 4,500.00 Four Thousand $ 9,000.00 Located in five Hundred Parkway 8 Pothole Existing Utilities a's 12 EA $ 450.00 Four Hundred Fifty, $ 5,400.00 directed by the City Inspector 9 Protect in place or replace Existing 30 LF $ 10.00 Teh $ 300.00 curb and gutter 10 Demobilization 1 LS $ 1,000.00' One Thousand $ 1,000.00 and Cleanup C-3 PROJECT BID SCHEDULE TOTALS CC-1276 20-INCH WATER TRANSMISSION MAIN CATHODIC PROTECTION REHABILITATION PROJECT TOTAL BID AMOUNT $ 129,500.00 TOTAL BID AMOUNT IN WORDS: One Hundred Twenty -Nine Thousand Five Hundred, Notes: All extensions of unit prices will be subject to verification by Owner. In case of verification between the unit cost and the extension, the unit cost will govern. The Owner reserves the right to reject any or all proposals and bid items. C-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 the work to be done by such subcontractor. Portion =f Name and Address of Subcontractor State License Class o Work t M ! Number .. .,= _.. Traffic Paul_E. Cook & Associates Cal. Traffic Control 7155 Little Harbor Dr. Huntington Beacl Eng. #780 N/A Plan Asphalt H. Roberts Construction Repair #553777 A/B By submission of this proposal, the Bidder certifies: 1. That he is able to and will ,perform the balance of all work which is not covered in the above subcontractors listing. 2.. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Dan McGrew , being first duly sworn, deposes and says that he or she is of Farwest Corrosion Control (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 bidprice 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. Farwest Corrosion Control Company Name of Bid r Signature f Bidder 1480 W. Artesia Blvd., Gardena, CA 90248 Address of Bidder Subscribed and sworn to before me this , 6 t h day of Jul v , 20 06. l�A 1� mA A A I 1^' JENNtFER VU� coMM. #1659M NOTARY PUBLIC • CALIFORNU -♦ My Comm. Expires ApA220 01C� NOTARY PUBLIC WARY SEAL C-6 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION; (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: July 6, 2006 C-7 Farwest Corrosion Control Company Contractor II LI. By Sal es/Construction Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal,. State or local government project because of a violation of law or a safety regulation? ❑ Yes U 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-8 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. Farwest Corrosion Control Company Contractor By Sales/Construction Title Date: July 6. 2006 C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Farwest'Corrosion Control Company . Bidder Name 1480 West Artesia Boulevard Business Address Gardena CA 90248 City, State Zip ( 310 ) 532-9524 Telephone Number C1ass.A, California #248232 State Contractor's License No.' and Class June 7, 1967 Original Date Issued December 31, 2007 Expiration Date The work site was inspected by Dan McGrew of our office on June 19 , 2006 The following are persons, firms, and corporations having a principal interest in this proposal: C-11 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Farwest Corrosion Control Comaanv Signature oVBidder Dan McGrew Printed or Typed Signature Subscribed and sworn to before me this 6 day of July , 2006: OF JENN1FER VU COMM. #1859m NOTARY PUBLIC - CALMRNIA LOS ANGELES COUMTY cn NOTARY PUBLIC t �n 4 My Comm Expires Aprfl'20, 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: I. Metropolitan Water District, P. 0. Box 54153, Los Angeles, CA 90054 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mark Bushyeager - . (909) 392-5286 $35,845.00 Deep Anode Well 11/15/2005 Contract Amount Type of Work Date Completed 2. City of Long Beach Energy Dept., 2400 E. Spring Street, Long Beach, CA Name and Address of Public Agency 90806 Name and Telephone No. of Project Manager: Steve Bateman = (562) 570-2034 $87,945.00 Multiple Shallow Anode Wells 10/14/2005 .Contract Amount Type of Work Date Completed I Santa Margarita Water District, .Mission Viejo CA 92690 Name and Address of Public Agency Name and Telephone No. of Project Manager: Bart Lantz - (949) 459-6504 $218,850.00 Deep Anode Wells 11/30/2004 Contract Amount Type of Work Date Completed C-12 Jun 27 06 01:32p Public Works 714 374 1573 p.2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431., Fax (714) 374-1573 ADDENDUM NUMBER ONE For 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION CC-1276 June 27, 2006 Notice TOvAll Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: Under Section 3.2.D.1, the sentence "Holes shalt be drilled to obtain a nominal 8-inch diameter anode well' is correct. The indication on Plan Sheet CP-2, Detail 2 requiring diameter of 10-inch is incorrect, and is to be changed to 8-inch diameter. f Please note the following change in Bid Opening Date to the Specifications: City of Huntington Beach invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on July 6, 2006. Bids will be publicly open in the Conference Room B7 unless otherwise posted. This is to acknowledge receipt and review of Addendum Number one,'dated June 27, 2006. Company Name by `7/o G. Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, plcase call Andrew Ferrigno at (714),536-5291. G:\Construction Contracts (CCs)\CC127E\Pre-Award�Add@ndumSlCC1276 Addendum 1.doc r BID .BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183, Bond No. BBSU KNOW ALL MEN BY THESE PRESENTS, That we,.. FARWEST CORROSION CONTROL COMPANY as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a. corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT THE AMOUNT BID 1N 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 20-INCH DOWNTOWN WATER TRANSMISSION MAIN IMPRESSED CURRENT CATHODIC PROTECTION WELL ANODE REHABILITATION CASH CONTRACT 1276 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 15th day of June , 2006 (Witness) Donna M. Green (Witness) Farwest Corrosion Control Company (Principal) (Seal) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA B J HUNSINGER (Attorney -in -Fact) Printed in cooperation with the American Institute of Architects (AiA) by Travelers Casualty and Surety Company of America. The language -in this document conforms exactly to the language used in. AIA Document A310, February 1970 edition. S-I869-G (07-97) -CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On June 15, 2006, before me, Donna M. Green, Notary Public, personally appeared JOHN D. HUNSINGER, ® personally known to me. -OR- ❑ proved tome on the basis of satisfactory evidence to be the personm whose name is/afe subscribed to the within instrument and acknowledged to me that he/s @4hey executed the same in his/1e4fkcit' authorized capacity(ic*, and that by his/hap4ht+r signature on the DONNA M. GREEN = instrument the person , or the entity upon behalf of which the person • '• COMM. #1643309 1lQq s :•°�< . NOTARY PUBLIC -CALIFORNIA acted, executed the instrument. = LOS ANGELES COUNTY My Corrm Expires Mar. 2, 2010 WITNESS my hand and official seal. Signature of Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVAT OTHER: SIGNER IS RE SENTING: NAME OF RSON(S) OR ENTITY(IES) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERtIFfCATE OF AUTHORITY OF ATTORNEYS) -IN -FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY. corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City, of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: John D. Hunsinger, Mare Smith, Steven L. Brockmeyer, of Pasadena, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States; the following instrument(s): by his/her sole signature and act, any and all. bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authorin, herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the -Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seat by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) bygone or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authonty. This Power -of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the fOROWing Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in.full force and effect: VOTED: That the signature of each of -the following officers: President,- any Executive Vice -President; any Senior Vice President, any Vice President. any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in.the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) LN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY CONWANY OF AMERICA, TRAVELERS CASUALTY A -ND SURETY COMPANY and FARMINGTON CASUALTY COL IPANY have caused tfus instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 6th day of March 2003. STATE OF CONNECTICUT )SS. Hartford COUNTY OF HARTFORD q„uw�rune� �1Y AN stay 'ti C� G �G.y Q� apPr 1. $� i HA ORII l HAZFORO, 982 O a Cow. f CONK. �`• ; # i V9�w� 61 tiNJ R� � Fti TRAVELERS CASUALTY AND SURETY COMPANY OF A1NUIUCA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this 6th day of March, 2003 before me personally came GEORGE W. TROMPSON to me -known, who, being -by ire duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the - corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said 'instrument are such corporate seals; and that he/she executed the said instrument an behalf of the corporations by authority of his/her office under the Standing Resoiutians'thereof: My commission expires June 30, 2006 Notary Pubiir, Marie C. Tetreault CERTIFICATE I, the. undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut; DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Horne Office of the Company, in the City of Hartford, State of Connecticut. Dated this 15th day of June 20 06 0sup rC r,�lTY �N6 ,y4C�1. G � Ra `HAMGFo - HAarFORo. 19 82 n By t CONM. CDNN, Kori M. Johanson Assistant Secretary, Bond