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HomeMy WebLinkAboutDLG Electric and Construction - 2009-08-03VPLEASE 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 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE 2010000235055 8:04 am 05/19/10 106 415 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TITLE OF DOCUMENT: NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to DLG Electric and Construction who was the company thereon for doing the following work to -wit: WELL 13, CHLORINE STORAGE BUILDING; CASH CONTRACT NUMBER 1284 That said work was completed May 10, 2010 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on May 10, 2010, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Developers Surety and Indemnity Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this May 12, 2010 STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) J - 4/i 11tt P6&or of Pubf orks or City Engineer �lCity of Huntington Beach, California 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 May 12, 2010. ,/ / ,tbr of Pyblic Works or City Engineer of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording tee applies) -0�.059-TITLE PAGE (R7/95) RECEIVED B (Name) \J )1b I UHA 9 (Date) I I ll1 TO: Shari Freidenrich, City Treasurer FROM: ZY (fZ- DATE: SUBJECT: Bond Acceptance I have received the bonds fo'rJJ L 6 Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. 11 l�X5 Approved -/.. (Council Approval Date)l (Company Name) 9 9 // 6 � 9 //� � Agenda Item No. City Clerk Vault No. CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating #27 g1followup/bondletter.doc CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR ft.11Lp, CC. r 12z i TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 IL LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 I5. WITHFIELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 1 1 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS'COMPENSATIONINSURANCE 13 20. INSURANCE 13 21, CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF "hHIRD PARTY CLAIM 15 DEFAULT & TERMINATION 15 24. TERMINATION I -OR 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. SIGNATORIES 20 41. ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR F--Q IliN16V , 1204 THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred �tob�as "CITY," and a California hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as 16 n*� INS b o• GAk-A+K1F-1 *Zptr in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or g/agree/surffiet/cityconst 12-07 1 of 22 be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It Is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; g/al"]ec/surfnet/cityconst 12-07 2 of 22 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as e/agrcc/surfilct/cityconst 12-07 3 of 22 "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed ��' NC>> ix f�j Dollars ($ 2G - , ' f=0-0- � SIX pb".Ae-#VP wo?--R '- 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 �F�� (�) P� 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. g/agree/surlhet/ciryconst 12-07 4 of 22 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree. to such cost proposal, the work shall be performed according to the g/agree/surfnet/cityconst 1 -07 5 of 22 changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished tinder 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. g;ugrc 'surinct/cil�const I2-07 6 of 22 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder, 11. 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, g/:ignm'surfnet/citycon>t 12-07 7 of 22 the sum of - 4J �'� Dollars ($ a:�50• ©a ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting -./agree/suriiict/cityconst 12-07 8 of 22 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within Fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially 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 L/p_rccisurliicVcityama 12-07 9 of 22 a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS 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 them 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. �agrcc/surfne cit>>const 12-07 10 of 22 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (l 0%) Nvill 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`X0) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not.be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACTFUNDS, 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 �iu�rccisurfnet/ciryconst 12-07 11 of 22 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 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 tinder the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone giagrcc/surfnet/citl'const 12-07 12 of 22 directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et sect. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. g/agrcc/surflICt/cityconst 12-07 13 of 22 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and 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) ZD for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted. 21. CERTIFICATES OF INSURANCE,• ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney �2��rCC, 'surinCVCrtyeonst 1_'-07 14 of 22 evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code `9202, CITY shall provide notice to CONTRACTOR of receipt of any claim tiled 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. e/agrccisurfhet/cityconst 12-07 15 of 22 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or mal<es 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. II' it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24, 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, ��xirc/,urfncdcitvconm 12-07 16 of 22 and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. 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 Californilci Government Code, 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of g/agree/smffiet/cityconst 12-07 17 of 22 One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off, any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section l 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 HLrntington Beach ATTN: Frn?' A . �/j'('jW.- 2000 Main Street FF0-%P:t -- Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: 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, /�igrcc/surincv'citvconst 12-07 18 of 22 define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for frill 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. ATTORNEYS FEES In the event suit is brought by either parry to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, 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 g/t� rec/surfneUcityconst 1?-07 19 of 22 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. GOVE_,RNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. g/�grcc/sw�'ncdcityconst I2-07 20 of 22 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration 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. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has. the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 41. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, g/agrcc/surIll ct/cityc0uISt 12-07 21 of 22 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on _ AM —(a .ST 0,3 _ 2009. CONTRACTOR bLG rL-Ec-1 -tC AND C0vjr'gQ VCT10N By: F'L OC-7©S GA-ViZILr SCU printname 0\)UMt9- ITS: ("ch•cle one) Chairman/President/Vice President Los nAND NIA Print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer e/uerec/surTet/cityC011s( 12-07 22 of 22 CITY OF HUNTINGTON BEACH, a numiciption of the State ol'California ayor ity Cleric INITIATED AND APPROVED: 1 /Director of rblic Works VIE' hAA APPROVED: rmstrator APPROVED AS TO FORM: w City Attorney SECTION C PROPOSAL for the WATER WELL No. 13 CHLORINE. STORAGE: BUILDING CC No. 1.284 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 wort: therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on rile in the office of the City Engineer of the Citv of Huntington Beach. The undersigned agrees to perform the wort: therein to the satisfaction of and under the supervision of the City En�(ineer of the City of Huntington Beach, and to enter into a contract at the f611oNN ing prices. The undersigned agrees to complete the work within forty-five (4-5) 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. SCHEDULE OF PRICES — BASE BID Item No. Description Estimated Unit Extended Amount Quantity 1 Construct Chlorine Storage 1 LS 4��� Building TOTAL AMOUNT OF BASE BID: 0 H E� +-k 0 N 1) X VNb'�FOJ'Z-" S°k DOLLARS AND ? k Q CENTS ($_ 0 Z 5 a (0 � G) Accompanying this proposal of bid. find in the amount of $ which said amount is not less than 10% of the a-uregate of the total bid price, as required by the Notice Inviting Sealed Bids. payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class C QdYST,e uC_ T/ 00 /hoc . '� fcfyc-c Ecotyo IFENCF /A# C . 337 -7 C i3 SITE U, oci2 K �IQL C'CMS7WVC_T7'0ty ��/- C 13 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID State of California ss. County of Orange �09C-0S C'Ai/g SCU being first duly sworn, deposes and says that he or she is C)IX,• AiFR— of NI. �� ���� �' pt�,,7Tc. 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 retrain 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 anv member or a,,ent thereof to eftectWite a colltsive or sham bid. 4 ND C0NSTOCUC'i`/'69/y Name of Bidder Signature of Bidder 22- rbPri.€ Avg AIyAni�i1w C,} 92t�?®y. Address of Bidder Subscribed and sworn to before me this day of , 20 C'R1 (' F6)-N/',I- k& - j-'i> rzr::O' sE ,ems->V�. W t-E i��'iWE Al NOTARY PUBLIC C-4 NOTARY SEAL CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT s�:a -aa v �ae� ��a �S ca ya. aS _ �• c�4 �a�> - > �i . ca State of California >>� County of'-1�--+�� On 2te. (9 before me, / IMI ,�� .�JE�J�'%l/�,�li" �� may. %Grcuc:?� DHere Insert Name and Title of the Officer personally appeared GA-VstyL E _<;C C.A- Name(s) of Signer(s) MIMI M. DEMIAN Commission # 1619806 Z Notary Public - California Z ;t..`` a orange County j _tW__1M1_-9_-V_V6P1%r1%r_1U_1R My Comm. Expires Nov 8, 2009 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/s4e4l4lly executed the same in his/h authorized capacity(ies), and that by his/he#their-signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h and official al. �E Signatur� Place Notary Seal Above Signature of Notary Vubg 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 r LL(A Sr ®N Jam' �`� `,Xfc 6pof%jCO Title or Type of Document: 01D.DEX AV0 _5U 131s /%/rFD L{.•f i / W I3 b % Document Date: �J �f� �j / Number of Pages: �4,� Signer(s) Other Than Named Above: f Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ _ ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact • •- ❑Attorney in Fact • - ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Water Well No. 13 Chlorine Storage Building, CC-1244, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person ivho, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involvecl." 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: ® ® Z I p q G L A C ft NC 0T- P U C.' i btu Contractor �(zr���3s GAu�►��s�l.l By C-5 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-6 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: 0 -�\)t-6 ELEc-Tet'c, A -NI) _ C-7 Contractor 1 By O\WNE(?- Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: LG E (-&cam 1c Bidder Name 1227 S. by LE PVF, Business Address City, State Zip (7 I4) 4-C) L� - Jos 7 Telephone Number 0oo791�C0 State Contractor's License No. and Class 0(01301 20oz- - Ork-linal Date I sued C)(,::, 13 p 2-0�c7 Expiration Dat The work site was inspected by b?-li Cep S of our office on 20 0q The following are persons, firms. and corporations having a principal interest in this proposal: bRRC-7DS G AUP-.,f LESCi C-9 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. Compaa ,rName Signature of Bidder IP,PrGoS GAUAlC'E'�'(l Printed or Typed Signature Subscribed and sworn to before me this _ day of 200_ . NOTARY PUBLIC NOTARY SEAL Listed below are the names. address and telephone numbers for three public agencies for which the bidder has performed similar wort: within the past two years: I. Name and Address of Public A�ienev Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-1 0 ���.�� �s�� �,ti. a � :�•,:�. :�. � �.,�s,.��._�. �.A ��.s,_..sh. .• .,s, a ..�: .� �sti��s,:....�s,��,.Ts��s� sA�� �,�..<• �. State of California County of Q f On_Ja4) 33 ® before me, 01!%ll %il. i�%��fGNI� r��7r/� - it f3 u c Date Here Insert Name and Title of the Officer personally appeared MIMI M. DEMiAN Commission # 1619806 Z Q,My Notary Public - California Orange County Comm. Expires Nov 8, 2009 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that ,.he/sloe/## executed the same in his/her!#i & authorized capacity(ies), and that by his/he#*f,ir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and off icia sea Signature Z l. av Place Notary Seal Above Signature of Not 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: � 0 3 "" / Number of Pages: Signer(s) Other Than Named Above: t / Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT - OF SIGNER Top . Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER ... . - - ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 z; I'a19 INSCO INSURANCE SERVICES, INC. insc%11=® Underwriting Manager for: IJf p Developers Surety and Indemnity Company Indemnity Company of California . 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 BID BOND BOND NO. KNOW ALL MEN BY THESE PRESENTS, That we, 1DLG Electric and Construction N/A as Principal, and Developers Surety and Indemnity Company a corporation authorized to transact a general surety business in the State of California as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) in the full and just sum of. Ten Percent of Amount Bid Dollars, ($ 10% of Bid ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Chlorine Storage Building NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party. to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 1D-1198 (Bid Bond) (REV. 1/01) loth Principal day of July. 2009 YEAR Develoners Suretv and Indemnitv Comuanv Surety By: Susan C. Monteon Attomey-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino On July 10, 2009 before me, Pamela McCarthy, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Susan C. Monteon Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. PAMELA MCCARTHY z COMM. # 1659202 1 certify under PENALTY OF PERJURY under the.laws of NOTARyPUBLIC — CALIFORNIA 9 the State of California that the foregoing paragraph is NARDINO COUNTY Lmz� pires April 30,2010 true and correct. WITNESS my hand and official seal. 7 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 Dater Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- ® Limited O General 0 Attorney -in -Fact • Trustee O Guardian or Conservator Other: Signer is Representing: POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Jay P. Freeman,Pamela McCarthy, Susan C. Monteon, Frances Lefler, jointly or severally*** as their true and lawful Attomey(s}in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severalty caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. „.« By. _ ,.�t:L AND . �?ANYO � Stephen T Pate, Senior Vice Presiden yp�; o�PpA+gl ,F% G 9¢POgq ¢yi4 iW ( OCT <} 2 OCT.S n By: — o� :. 1 9 3 6 U3 1967 Charles L. Day, Assistant Secretary D p Q 2 •,y7�O /OWP,..*ay 2 q<IFOP�� a State of California * i County of Orange On January 1 st, 2008 before me, Christopher J. Roach, Notary Public Date Here insert Name and Title of the Officer personally appeared. Stephen T. Pate. and Charles L. Day Name(s) of Signer(s) CHFUSIMPHER J. ROACH COMM. # 17459n :E NOTARY PUBLIC CALlFORNIA o ORANGE MMTY ro iNy COMM. eOaes ti q 19, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(tes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offi ial seal. Signature Ch er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Pefcate. This Certificate is executed in the City of Irvine, California, the/day of By: Albert Hillebrand, Assistant Secretary ID-1380(Wet)(Rev.07/07) 20U9 JUL 13 PP; 53 F (, o 0 (?, U N N C,*TON % C"k cl,2-614:9 Bond No. 829916P Premium: $3,769.00 PERFORMANCE BOND Premium is for contract term and is subject to adjustment based on final contract price KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, by written agreement dated . 2t3 , entered into a contract with DLG Electric and Constructio 1227 S. Dale Ave, Anaheim, CA 92806 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: CC-1284, Water Well No. 13 Cb1orine Storage Rnildin (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract'), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, we, the undersigned, as Principal, and Developers Surety and Indemnity ompann)y 17780 Fitch #200, Ir-* ine, CA 92614 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety" as Surety, are held and firmly bound unto City in the penal sum of One undred Twenty -Five Thousand Six Hundred Forte -Six and No/100 Dollars ($ 125,646.00 ), this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of C4's officers, agents and employees (hereinafter collectively referred to as "Obligees") from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract time or contract price, and 277s91A PERFORMANCE BOND Page 1 of 2 Bond No. 829916P any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such parry'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 14, 2009 ATTEST DLG Electric and Construction n �itCd� CA t1JC1'L.e- S'CL-/ (Corporate Seal) (Principal Name) By: Name: P A 6,04-s ki V C_ 0-F S C it Title: O � N E tZ ATTEST Developers Surety and Indemnity Company (Corporate Seal) (Surety Name) By: C Name: Pamela McCarthv (Signature of Attorney -in -Fact for Surety (Attach Attorney -in -Fact Certificate) (80(1) 782-1546 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY O UNTINGTON BEACH c a7ity ' ifer Mc thAttorney Note. This bond must be executed In dupkate and dated, aII signatures must be notarized, and evidence of the authority of any person signing as aftomeytiin-fact must be attached. 217591.1 PERFORMANCE BOND Page 2of2 CALIFOANIA ALL-PURPOSE ACKNOWLEDGEMENT State of California \ SS. County of San Bernardino 1 On August 14, 2009 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Pamela McCarthy s CYNTHIA J. YOUNG COMM. # 1806614 z L'@ NOTARY PUBLIC - CAuFORNIA3 SAW BERNARWNO COUNTY y Comm. Expires July 15, 2012 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL gnatur,erif Notary Publ' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual 0 Corporate Officer Title O Partner -- ® Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint; ***Jay P. Freeman,Pamela McCarthy, Susan C. Monteon, Frances Lefler, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January list, 2008. By- _ t:{ AND /H'•. �� , Stephen T. Pate, Senior Vice Presiden 4�• VLPo �F OCT. '3 ;mot 10 in By. Charles L. Da Assistant Secretary' a = 1 9 3 8 : o State of California County of Orange ,.-. it ... On January 1st, 2008 before me, Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized CHRISMPHER J. ROA( ca,acity(tes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. COMM. # 1745939 :E NOTARY PUBLIC GALIFOR IA o I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is 3 ORANGE COUNTY to true and correct. My Comm• wgkree May 19, 2011 WITNESS my hand and offs ial seal. Place Notary Seal Above Signaturef Chr er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomey, are in force as of the date of this Cirlificate. This Certificate is executed in the City of Irvine, California, the day of By. Albert Hillebrand, Assistant ecretary ID-1380(Wet)(Rev.07/07) Bond No. 829916P P"ME iT BOND Premium included in Performance Bond (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to DLG Electric and Construction 1227 S. Dale Ave, Anaheim, CA 92806 (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: CC-1284, Water Well No. 13 Chlorine Storage Building (project title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and Developers Surety and Indemnity Company, 17780 Fitch #200, Irvine, Ca 92614 (name and address of surety) (a duty admitted surety insurer under the laws of the State of California and hereinafter referred ,to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of One Hundred Twenty -Five Thousand Six Hundred Forty -Six and No/100 dollars, ($ 125,646.00 ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. in case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, 277599.1 PAYMENT BOND Page i of 2 Bond No. 829916P extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such parry's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of 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 14, 2009 ATTEST DLG Electric and Construction (Corporate Seal) (Principal Name) By: Name: Its: 0N�dr? ATTEST Developers Surety and indemnity Company (Corporate Seal) (Surety Name) (Attach Attorney -in -Fact Certificate) By: Name: Pamela McCarthv (Signature of Attorney -in -Fact for Surety) (800 782-1546 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM. CITY OF HUNTINGTON BEACH By ennffer Mcbrath ity Attorney s�l 5�66 Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. 7.77M.1 PAYMENT BOND Page 2 of 2 CAUFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino ) On August 14, 2009 before me, Cynthia J. Younp, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Pamela McCarthy CYNTHIA J. YOUNG COMM. # 18W614 z Z NOTARY PUBLIC - CALIFORNIAiC SAN BERNARDINO COMM My Comm. Expires July 15, 2012 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal., �4 L'Y-� - - 2A2Z� igna r of Notary Pu OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General 0 Attorney -in -Fact 13 Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***)ay P. Freeman,Pamela McCarthy, Susan C. Monteon, Frances Lefler, jointly or severally*** as their true and lawful Atiorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attomey, qualifying the attomey(s) named in the Powers of Attomey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1 st, 2008. By: �t� AND"""' ?ANyO� Stephen T. Pate, Senior Vice Presiden .. yJpoRAr� Fly ^ h�G QPPo 9 to 1 W OCT. 5 0 -n ! 10 By: — = o= 1 9 3 6 :' o= w 1967 M Charles L. Day, Assistant Secretary'�� 7�0. /OW.P,..*�d , 2 �</FOF;�` >L State of California County of Orange On January 1st, 2008 before me, ChristopherJ. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T Pate and Charles L. Da Name(s) of Signers) CHFUSTOPHER I ROACH COMM. # 1745939 NOTARY PUBLIC CALIFORNIA X ORANGE COLK Y N My Comm, w0res May 19, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hismer/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offs ial seal. Signature Chr er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this`ettifilyte. This Certificate is executed in the City of Irvine. California, the q day of By: eeHllebrand, Assistant ID-1380(Wet)(Rev.07/07) 11. 1 RECEIVED BY: 1� (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL. COMMUNICATION TO: Shari Freidenrich, City Treasurer � 0-- _ � FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved (Council Approval Date (Company Name) �99/� - Agenda Item No City Clerk Vault No #27 g1followup/bondletter.doc ALC® 4J CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DDIYYYY) 8 13 200S PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION r ALPHA TEAM INSURANCE SERVICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 17831 Sky Park Circle. Suite G ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine, CA 92614 t949)872-2211 INSURED DLG ELECTRIC & CONSTRUCTION DRAGOS GAVRILESCU 1227 S. Dale Ave Anaheim, CA 92804 COVFRAnFB INSURERS AFFORDING COVERAGE NAIC# INSURER A: NAVIGATORS INSURANCE COMPANY INSURER e: PROGRESSIVE INSURANCE CO INSURER C: INSURER D: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR D•L NSRD I TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YYYY POLICY EXPIRATION DATE(MMIDMOTV1 LIMBS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurence $ 50,000 COMMERCIAL GENERAL LIABILITY CLAIMSMADE ® OCCUR MED EXP (Any one person) $ 5 000 PERSONAL& ADV INJURY $ 1,000,000 A 04-10084276 05/03/09 05/03/10 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 1,000,000 POLICY M JECT LOC AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 i r BODILY INJURY (Per person) $ X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ B HIRED AUTOS NON -OWNED AUTOS 05751211-2 05/03/09 05/03/10 PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ ANYAUTO $ AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY OCCUR CI CLAIMS MADE A_ij_ JENNIFER Q FOR C(j� , City Affo+mejl EACH OCCURRENCE $ AGGREGATE $ $ DEDUCTIBLE RETENTION $ BY Paul VAl AssistantcityAt}pm$ aandro % /-0/V $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) WC STATU- OTH- TO YLIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below SPECIAL E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFI HOLDER NAM TO THE LEFT, BUT FAILURE TO 00 SO SHALL CITY OF HUNTINGTON BEACH IMPOSE NO OBUGATIO O!L100UTY OF AN KIND UPON THE INSURER, ITS AGENTS OR 2000 MAIN STREET HUNTINGTON BEACH CA 92804 AUTHORIZED RE. AUTHORIZED REPR TAT[ ACORD25(2009/01) ©1988-2009AC0 CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: VARIOUS NAMED INSURED: DLG ELECTRIC & CONSTRUCTION DRAGOS GAVRILESCU POLICY#: 04-10084276 EFFECTIVE DATE: 05/03/09 TO 05/03/10 POLICY#: 06751211-2 EFFECTIVE DATE: 05/03/09 TO 05/03/10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) THE CITY OF HUNTINGTON BEACH, ITS ELECTED OR APPOINTED OFFICIALS, AGENTS, OFFICERS, EMPLOYEES & VOLUNTEERS 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 RE: ALL OPERATIONS I Information required to complete this Schedule, if not shown above will be shown in the Declarations. I A. Section II — Who Is An Insured is amended to include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.AII work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insureds) at the location of the covered operations has been completed; 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 13 CERTHOLDER COPY SP STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 09-01-2009 GROUP: POLICY NUMBER: 1832446-2009 CERTIFICATE ID: 11 CERTIFICATE EXPIRES: 09-01-2010 09-01-2009/09-01-2010 CITY OF HUNTINGTON BEACH SP DEPT OF PUBLIC WORKS 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California i-)su-ance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. tTHORI�ZCD REPRESENTATI PRESIDENT UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-01-2009 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER GAVRILESCU, rRAGOS DBA: DLG ELECTRIC 1227 S DALE AVE ANAHEIM CA 92804 SP [GJS,CN] (REV.2-05) PRINTED : 08-13-2009 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project {"Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit 'requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 320 at (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] California. _F S o3- ab • Mp 247542-1 Certification of Compliance with Title VH of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project') hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20, at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] E > IF R g- t� A c7RNEY O� -IL) 3-2�6-0(p 245911 1 CONTRACTOR'S CERTIFICATE L , state and certify that: (Name of Declarant) 1. is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract' for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below.and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at APPROVED AS TO FORM on this day of 120 By: - �1-7/a -l1J 3- Zo•o� Name: [Type Name] Title: [Type Title] (Signature of Declarant) 1 2459141 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 29, 2009 DLG Electric & Construction 1227 S. Dale Avenue Anaheim, CA 92804-4922 Attn: Dragos Gavrilescu Re: Water Well No. 13 Chlorine Storage Building — CC-1284 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5437. J F: pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister Citiasf°1"%,cjapanaaVVaita ter,`New Zealand 1 Tele phone: 714-536-5227 ) Council/Agency Meeting Held: 8 3 ,:�x Deferred/Continued to: Y1 Ap oved ❑ Conditionally Approved ❑ Denied Clerk,'Clerk,4 Sign re Council Meeting Date: 8/3/2009 Department ID Number: PW 09-37 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU IL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIST PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTO 'F PUBLIC KS SUBJECT: Award Water Well 13 Chlorine Storage Building; Project CC-1284 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On July 13, 2009, bids were opened for the Water Well 13 Chlorine Storage Building; Project CC-1284. Staff requests that the City Council award the contract to DLG Electric and Construction, the lowest responsive and responsible bidder. Funding Source: Funds for this project are available in Water Master Plan, Chlorine Modifications, Account No. 50791010.82100. The engineer's estimate of construction contract cost is $135,000 which excludes the cost of City purchased equipment. Recommended Action: Motion to: 1 2 3 4 Approve the project plans and specifications for the Water Well 13 Chlorine Storage Building; Project CC-1284; Accept the lowest responsive and responsible bid submitted by DLG Electric and Construction in the amount of $125,646; Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and 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. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/3/2009 DEPARTMENT ID NUMBER: PW 09-37 Analysis: Water Well No. 13 was drilled at the Springdale Reservoir site in 2001 and has been in operation since that time. Disinfection is accomplished with the use of relatively small (150-Ib) chlorine containers, which require frequent replacement. The 2005 Water Master Plan recommends replacing these containers with one ton double containment vessels to reduce maintenance and enhance operators' safety and efficiency. In addition to vessel replacement, the project will also construct a small structure to house the vessels. A complete set of plans and specifications are available for review at the Public Works counter during normal business hours. Bids were opened publicly on July 13, 2009, and are listed in ascending order: Bidding Contractor Bid DLG Electric $125,646.00 Titanium Construction Group $128,790.00 G Coast Construction, Inc. $133,500.00 RC Foster $135,988.00 Amiran Construction Company $137,600.00 Fleming Environmental $144,923.00 Facility Builders and Erectors, Inc. $148,600.00 United Engineering and Construction $151,085.00 Harbour Constructors Corp. $154,800.00 Pacific Coast Infrastructure $159,200.00 WL Butler $167,992.00 Bid amounts were verified and the lowest responsive bidder was determined to be DLG Electric. The reference check for DLG Electric provided acceptable responses from past clients. The low bid came in just under the engineer's cost estimate of $135,000. With contingency, supplemental expenses, and expected staff costs, the full project cost is estimated to be $200,000. Construction contingency is requested at thirty percent to address any unforeseen site conditions resulting in change orders. Supplemental expenses are estimated at approximately thirty percent for soils and materials testing, construction support services by outside firms, in-house inspection services and additional engineering support. Public Works Commission Action: The Public Works Commission reviewed and approved CC-1284 on March 18, 2009, with a vote of 7-0. Strategic Plan Goal: Maintain, improve and obtain funding for public improvements. Environmental Status: The project was Conditionally Approved on February 26, 2009. The Director of Planning found that the project is covered by Mitigated Negative Declaration No. 01-07, will comply with all applicable mitigation measures, will not have a significant effect on the environment, and is, therefore, exempt from CEQA. -2- 7/20/2009 12:06 PM . REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/3/2009 DEPARTMENT ID NUMBER: PW 09-37 Attachment(s): -3- 7/20/2009 12:06 PM ATTACHMENT #1 Well #13 CHLORINE STORAGE BUILDING C.C. NO. 1284 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Water Well 13 Chlorine Storage Building Project CC-1284 COUNCIL MEETING DATE: August 3, 2009 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Notached t Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR RDED Administrative Staff 1 ,,, 9 a 2009( ) ) Deputy City Administrator (Initial) City Administrator (Initial) CITY OF HUNTIN6IUN DE rn iTC-M ATMK� ( ) ( ) City Clerk ( ) I EXPLANATION FOR RETURN OF ITEM: RCA Author: D. De Bow:jg Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County. State of California, under date of Aug. 24, 1994. case A50479. ' PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE I am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and the attached Notice is a true and complete copy as was printed and published on the following date(s): July 2, 9, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 10, 2009 at Costa Mesa, California 1 Signat 'r �tlnunq,', NOTICEINVITING SEALED BIDS for the I WATER WELL No. 13 CHLORINE STORAGE BUILDING, CC No. 1284 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 July 13, 2009. Bids will be publicly open in'the,Council Chambers finless otherwise posted. Copies of the Plans,.Specifications, and contract documents aie'available from they, Office of the ,Director' of,'Public .Works,- 2000 Main Street; Huntington Beach, CA 92648, upon; payment of a $45 nonrefundable fee if ,picked up, or payment of a $65 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 bfisis of,race, color, national origin, ancestry, sex, or religion in any •consideration leading to the'award of contract.., No bid shall be considered unless it is prepared on -the approved Proposal forms,in conformance with the Instructions to Bidders. The bid, must' be accompanied by a certified check, cashier's check; or bidder's' bond• made payable to the AGENCY .for an amount no less, than -10% of, the' amount bid..The successful bidder shall be licensed in `accordance withprovisions of !the, Business 'and Professions Code and shall, possess a State Contractor's License Class at the' -time of the bid opening. Thelsuccessful Contractor and his 'subcontractors will be required to possess,busmess licenses from the AGENCY. Project' Description:',The Work generally' includes: installation of chlorine storage building, 'asphalt removal ,and paving, installation of owner furnished equipment including chlorine containment vessels, `installation of owner furnished instrumentation equipment and supply all other electrical equipment to� provide a fully operational system, construction of 1" water service, installation of an eyewash •station,. and . related appurtenant work'not mentioned above but required in accordance, with the - Contract Documents.'The-Work is. located at Springdale Street'in Huntington Beach, 'CA. The project schedule' is. foray -five (45) working days. The: engineer's preliminary estimate. for the, 'wbrk_is approximately $135,000.. The' AGENCY reserves the right to rejeWaihy ;or, all bids, to waive any irregularity and to,take'all bids under advisement for a`maxinium period of 60 days. ' .1, 1 BY. ORDER,bf'the'CITY COUNCIL of the CITY ,,OF"HUNTINGTON BEACH, CALIFORNIA, the 2nd day of September 2008, by Resolution No. 2008-54.` Attest: 4s/ Joan L. Flynn CITY CLERK OF THE CITY OF'HUNTINGTON BEACH Published Huntington Beach Independent July2, 9, 2009 065-804 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24. 1994. case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and the attached Notice is a true and complete copy as was printed and published on the following date(s): July 2, 9, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on'July 10, 2009 at Costa Mesa, California Signatur SECTION A` _ NOTICE INVITING SEALED BLOS'' re..' for the WATER WELL No 13 i ;CHLORINE STORAGE BUILDING;, CC No: 1284 Inthe 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 Ahe hour, of 2:00 PM on July13, 2009.. Bids will be publicly open in the Council Chambers unless otherwise posted. , Copies of the Plans, Specifications, and, contact documents are available from the Office of the. Director of Public Works, 2000. Main Street, Huntington Beach, CA,92648, upon payment of a $45, nonrefundable fee if picked up, or payment of 'a $65 nonrefundable fee if mailed via' U.S. Postal ServiceJedEx, UPS or, any other delivery service. An orate 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 shalfreceive 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, sek, or religion .in any. consideration leading to the award of contract.,, No bid,sfiall 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; aceordance,with; provisions of tfie 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. ' Project Description: The Work generally includes: ;installation of: chlorine storage . building, . asphalt removal 'and paving, 'installation,_of •owner furnished, equipment' including 'chlorine containment vessels, installation of , owner furnished instrumentation equipment and supply all other electrical .equipment :,to provide a fullyoperationalsystem; construction of, 1" water service, installation of an eyewash station; `iind related appurtenant work not mentioned above but ,required'in accordance with the Contract Documents. The Wo,rk`is 'located at. Springdale` Street in Huntington Beach, CA. 'The' project schedule `is forty-five (45) working days. The,. engineer's preliminary estimate for the work is. approximately $135,000. The AGENCY reserves the right to -reject' any or, all' bids, to waive any irregulaiity•and to�take-all bids under advisement4or a,maximum-period of 60 days of the CITY .COUNCIL of the CITY OF-`HUNTINGTON BEACH, CALIFORNIA, the 2nd day of September 2008, by Resolution No: 2008-54.' Attest: /s% Joan L.'Flynn CITY CLERK -OF THE CITY OF'HUNTINGTON BEACH Published Huntington Beach Indeoeridentluly 2. 9. 2009 065-804 SECTION A NOTICE INVITING SEALED BIDS for the WATER WELL No. 13 CHLORINE STORAGE BUILDING CC No. 1284 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 July 13, 2009. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $45 nonrefundable fee if picked up, or payment of a $65 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Project Description: The Work generally includes: installation of chlorine storage building, asphalt removal and paving, installation of owner furnished equipment including chlorine containment vessels, installation of owner furnished instrumentation equipment and supply all other electrical equipment to provide a fully operational system, construction of 1" water service, installation of an eyewash station, and related appurtenant work not mentioned above but required in accordance with the Contract Documents. The Work is located at Springdale Street in Huntington Beach, CA. The project schedule is forty-five (45) working days. The engineer's preliminary estimate for the work is approximately $135,000. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 2nd day of September 2008, by Resolution No. 2008-54. Attest: /s/ Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH CD CD L - C71% C=) 2009 JUL 13 PM 1: 43 ACH H U lNi THN G I J '0 10 :Z Wd C I IAP 600Z (] I -I' A 1-'l 0, 3-4 a Engineer's Estimate: $ /3 z BID LIST , -7W-Mry s.� Cs!x #"AAb"tb 7770wf.V045 dG.�AnS BIDDER'S 11iAME - RAAW - TOTAL BID IOIJNT 'Am/ �,3 1, 4 oo -V-2, wo X- 5. $ o G. 17. - - 00 W�v 00 10. f T $ 11. act-_ g00 12. $ 13. $ 14. $ Unsuccessful Bids ChlorineWater Well # 131 Building City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 2, 2009 Amiran Construction Company 18141 Beach Blvd., Ste. 120 Huntington Beach, CA 92648 RE: CC-1284 —Water Well #13, Chlorine Storage Building Enclosed please find your original bid bond for CC-1284. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister Ciies�lo��as�r�,�et��b��g� New Zealand 1 Telephone: 714-536-5227 ) Wager Well # 13, Chlorine Storage Building ng CC 1284. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Water Well #13, Chlorine Storege Buildings CC1284 July 6, 2009 Notice to All Bidders: Please note the following revision to the project, Specifications: The following shall be added to the Specifications: Part 4 Project Specification Division 2, Division 3, Division 5, Division 7, and Division 16 This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Number one, dated July 6, 2009. " a rZ Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Debbie DeBow at (714) 536-5528. -1 of 1 SECTION C PROPOSAL for the WATER WELI, No. 13 CHLORINE STORAGE BUILDING CC No. 1284 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OR 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 1-11-11-1tington 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 wort: within forty-five (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 wit[ 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 M 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. SCHEDULE OF PRICES — BASE BID Item No. Description Estimated Unit Extended Amount Quantity Construct Chlorine I 1 LS Storage Building r TOTAL AMOUNT OF BASE BID: C t1 Q ) � -.>-'5yVC S 1� )A0A Q,PM 00%k5tiOLLARS AND i —7 ( C-7� _ CENTS ($ 1 Accompanying this proposal of bid. find V t.' 9.40bn the amount of $-��? � which said amount is not less than 10% of the aggregate ofthe total bid price. as required by the Notice Inviting Sealed Bids.. payable to the AGENCY. (Please insert the words "Cash", "Certified Checl:". 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 Sian re trQL Zoe w/L C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class s C� By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY ]BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange T—'P—A t ?, � ¢� .�g,� � �, being first dgly sworn, deposes and says that he qEEbe is ( w i�[ % � �?[' of �>jvWA (7 ► d��"j'� �c� 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 retrain 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 tl-ie 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. e Name of Bidder Signature of Bidder Address of Bidder Subscribed and sworn to before me this day of � ' 20 0 NOTARY PUBLIC C-4 v. NGO Commission # 1706719 ¢ e:� .y „1' Notary Public - California z `o Orange County MyComm. WresNov 21, 2010 NOTARY 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 water Well No. 13 Chlorine Storage Building, CC-1284, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned_ and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: —7-- )3 --Z C-5 P CAI) N ��T` ���� C?A Contractor NA A�AAWPO- By P_o Jr Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes �No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 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: I -- .s " C-7 Contractor t By Pp= �,n, L 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 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-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name MiM BC-A1- ALA 6 -W 12-C) Business Address 4L,7) ity, tate (7f 1) g!2 (p "� C Telephone Number Zip State Contractor's License No. and Class 0 -74�) _ Original Date Issued Expiration Date The wort: site was inspected by IJI) _ of our office on -- , 20_. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 P the Council of the City of Huntington Beach of its ability, °.o pel'iorm the contract for the proposed work and improvements in :':.,,'' _., ; r_=rr;i sr;.:cifications set forth. PAN ,cony Name is afore of Bidder F9- atg _ '`';1:ed or Typed Signature is e.i r±::i s:,:trn ?o c ore me this day of .200 ".1` NOTARY SEAL ht: kld af-.C� nriv,t!s, address and telephone numbers for three public agencies for which fm `. pc±'1 > 'Ma 2-d similar work within the past two years: �tr+ S_ of Public Agency <­�M�c I±td C l phone No. of Project Manager: o;Iir d "-' ±llount Type of Work Date Completed Address of Public Agency No. of Project Manager: A 0o!mt Type of Work Date Completed -taw e «nd Address of Public Agency ast; :ind Telephone No. of Project Manager: Type of Work Date Completed C-10 IC 64---u 1 V I I I�d , BID BOND (Percentage) Bond Number: 70754972 KNOW ALL PERSONS BY THESE PRESENTS, That we Frank Mirj changer dba Amiran Construction Co. Of 18141 Beach Blvd. #120, Huntington Beach, CA 92648 , hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto City of Huntington Beach of2000 Main Street, Huntington Beach, CA 92648 hereinafter referred to as the Obligee, in the sum of Ten ( 1 o a/*) percent of the greatest amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents_ WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Well #13 Chlorine Storage Building, CC-1284 NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 13th day of July 1 2009 Frank Mirjahanger dba Amiran Constructi Co. (Principal) By (Sear) Westerpi,Surety Company (Surety) By 1� /' (Seal) BLAKE A. PFISTER Attorney -in -Fact Form F5876 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT "N aS' 3�"i%y az':J'i� J'>.�, �- a7'3\�''��: ✓:`e%4 '.74`sY`e�' d,C'.�- eY •3'S`�Yy`aY' .•? :�f`" . r➢' aY; �7;�; r7- ey �3 `.•ii^. ��, STATE OF CALIFORNIA County of Orange On July 9, 2009 beforeme, Lianne Nahina, Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A. Pfister Name(s) of Signer(s) LIANNE NAHINA Commission # 1767633 Z Notary Public California Z Orange . County Mycomrn Exphes Sep 1 a, 2011 who proved to me on the basis of satisfactory evidence to be the person4o whose name) is/ subscribed to the within instrument and acknowledged to me that helakaftay executed the same in his authorized capacity(M), and that by his signature#) on the instrument the person(b), or the entity upon behalf of which the person(f) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above gnatur of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond No 70754972 Document Date: July 13, 2009 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Blake A- Pfister ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator RTopf thumb here ❑ Other: Signer Is Representing: Western Surety Compan Number of Pages: 1 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY - CERTIFIED COPS' Bond No. 7075497 'Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Fails, South Dakota (the "Company'), does by these presents make, constitute and appoint BLAKE A PFISTER its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Frank Mirjahanger dba Amiran Construction Co. Obligee: City of Huntington Beach Amount: $500, 000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of October 13 2009 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to he signed by its Senior Vice President, Paul T. Bruflat, and its corRWMj§l to be affixed this 13 th day of July 2009 ',_•"" _'` WEST R SURE COMPANY � = ` ez Paul T. BruflaVbenior Vice President %C�° A' ss co On this 13 th day of July in the year 2009 before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. taaoasaaawd.waaaaaaaa+.w + NQUT PUBLIC SOUTH DEAR otary Public - South Dakota iRD i O..araaaaoaaaaaaaaaaaaaaa My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 13th day of July 2009 WE8 SURE COMPANY Paul T. Bruflat^Wor Vice President Form F5306.9-2006 City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK October 2, 2009 Facility Builders &Erectors, Inc. 3940 E. Miraloma Ave. Anaheim, CA 92806-6200 RE: CC-1284 — Water Well #13, Chlorine Storage Building Enclosed please find your original bid bond for CC-1284. Sincerely, JF: pe enclosure Sister New Zealand (Telephone: 714-536-5227 ) City Clerk Second Floor City Hall 2000 Main Street Huntington Beach, California 92648 Project Title: Water Well No. 13 Chlorine Storage Building CC No. 1284 SECTION C PROPOSAL, for the WATER WELL No. 13 CHLORINE STORAGE BUILDING CC No. 1284 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 forty-five (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. SCHEDULE OF PRICES — BASE BID Item No. Description Estimated Unit Extended Amount Quantity 1 Construct Chlorine 1 LS Storage Building SIX HUNDRED DOLLARS AND Z F R n CENTS ($ 148,600 00 ) Bidder's Accompanying this proposal of bid, find Bond in the amount of $148, 600.00 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 A der's Signature #1 Part 4 07/06/09 Pr or C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the, Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor I State License Number Class engineer Howard Parsell Company Yorba Linda, California Inspection Willdan Geotechnical Anaheim, California Demo Flat 6 Vertical, Inc. Buena Park, California 434023 C-61 /D-6 C-12/C21 Asphalt c a er Parking Lot Service Paramount, California 68 486 -12 32 Fence La Habra Fence La Habra, California 467177c- Concret aci ity Builders s Erectors, Inc. Anaheim, California Struct. Steel Able Iron Workers Pomona, California 701-403 C13 /C25 C51 Erectors Steel System Erectors, Inc. Fontana, California I o a Electric Inc. Murrieta, California 913858 853760 B/C51 Electric C10 Plumbing Robinson's Mech. Construction Inc. Upland, California 466259 C-36 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Kenneth B Thomson , being first duly sworn, deposes and says that he or she is President of Faci'l tv� RiiildersFFrectors 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. Kenneth B . Thombdn Na e of Bidder i 'SiNature of BidAdr Facility Builders F Erectors, Inc. 3940 E. Miraloma Ave. Anaheim, Ca 92806 Address of Bidder Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC C-4 NOTARY SEAL State of California ) CALIFORNIA ALL-PURPOSE County of oray.'Q P _ ) CERTIFICATE OF ACKNOWLEDGMENT On p 00 before me, Skscc 7h,omsdrl ��ID _ ?U_%b1L, t - (here insert name and title of the officer) personally appeared g bL n �`C� ►n d +nti S n �l who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/afe subscribed to the within instrument and acknowledged to me that he/s14e .y executed the same in his/herA4-teir authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SUSAO! TTHOMMSON COMM. #1853735 WITNESS my hand and official seal. tary Public-Callifornia Orangpe County i'QF miifm Comm. i ouu nlniimmJun.inumma Signature (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of Ni C CcA containing N pages, and dated —1- 0— 0 l The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner- Limited/General ❑ Trustee(s) ❑ Other: representing: Title(s) Name(s) of Person(s) or Entity(ies) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: Lo form(s) of identification O credible witness(es) Notarial event Is detailed In notary journal on: Page # Entry # Notary contact: Other ❑ Additional Signer(s) ❑ Signer(s) Thumbprint(s) O Copyright 2007 Notary Rotary, Inc 925 29th St, Des Moines, IA 50312-3612 Form ACK03 10/07 To re -order, call toll -free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary core UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL. CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Water Well No. 13 Chlorine Storage Building, CC-1284, (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 8, 2009 C-5 Kenneth B. Thomson, President Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes .L 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-6 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 8, 2009 C-7 �•- • i �•I •• •-� 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: Kenneth B. Thomson, President Title Date: July 8, 2009 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Facility Builders & Erectors, Inc. Bidder Name 3940 E. Miraloma Ave. Business Address Anaheim CA UR06 City, State Zip (714 ) 577-8060 Telephone Number 670072, A, B, C-51 State Contractor's License No. and Class April 27, 1993 Original Date Issued April 30, 2011 Expiration Date The work site was inspected by N / A of our office on N / A , 20_. The following are persons, firms, and corporations having a principal interest in this proposal: Kenneth B. Thomson Steven S. Sindelar President Vice President 19W 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. Kenneth B. Thomson, President Printed or Typed Signature Subscribed and sworn to before me this day of , 200_ NOTARY PUBLIC XII-�� 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: City of Huntington Beach-18405 Gothard St. Huntington Beach, CA 92648 Name and Address of Public Agency Name and Telephone No. of Project Manager: Les Robinson (714) 374-1700 321 K Pre -Engineered Metal Storage Building 10 /2007 Contract Amount Type of Work Date Completed 2. City Of Pell b7011 Oear Ave. Bell CA 90201 Name and Address of Public Agency Name and Telephone No. of Project Manager: Luis Ramirez (323)588-6111 4.2 f�Aillion Park Renovation 07/2008 Contract Amount Type of Work Date Completed City of Anaheim / Aubrey Silvery -.501 Si:.Claudina St. Anaheim, CA 92805 Name and Address of Public Agency Name and Telephone No. of Project Manager: Walt Breen (770) 656-1919 8.4 Million New Substation 10/2008 Contract Amount Type of Work Date Completed C-10 State of California ) CALIFORNIA ALL-PURPOSE County of C)rCt—� ) CERTIFICATE OF ACKNOWLEDGMENT On L, S 0il before me, l-�Sf.� l 1n cs�-Y��u►� �Ce r �jl f here insert name and title of the officer) personally appeared �111leAL,,,, who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/shefttt€y executed the same in his/-h it authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �muaa rmnummunnmmmmmnmumuuuuounummmmn� SUSAN THOMSON COMM. #1853735 z WITNESS my hand and official seal. Notary Public- California Orange County MY Comm. Expires Jun. 12, 2013_ \ . ,� ' � � uunnm nnuuw uunnuunmmum unuaunnmmuumm�unnmF. Signature (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document. AttachedDescription of Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of _Z> e Lii S h` containing k pages, and dated ` S `0( The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Title(s) Name(s) of Person(s) or Entity(ies) Signer is Representing • yEE3m ma' s :..: .. ... .. .... •r; .?°_`'€.. . ,"" �.+" `• r: i r:��?4�.!��...:::Riii'•u��y-.ir: :��r�::«' .:�ar.���.u��p.r.4�-.� � ,,:? .... eve . ••��^e.Ei..R-'•t:FeYe:M:;z: Method of Signer Identification Proved to me on the basis of satisfactory evidence: Lo form(s) of identification O credible wrtness(es) Notarial event is detailed In notaryjournal on: Page It Entry # Notary contact: Other ❑ AdditionalSigner(s) ❑ Signer(s)Thumbpnnt(s) O Copyright 2007 Notary Rotary, Inc 925 29th St, Des Moines, IA 50312-3612 Form ACK03 10/07 To re -order, call toll -free 1-877-349-6588 or visit us on the Internet at http77www notaryrotary com Page 1 of 1 Gray West From: DeBow, Debbie [ddebow@surfcity-hb.org] Sent: Tuesday, July 07, 2009 5:41 PM To: Guy West Subject: RE: Chlorine Building I'm sorry, Guy, but the City is not able to provide access to the site prior to bid. Thank you for your interest in the project. Deborah De Bow Senior Civil Engineer City of Huntington Beach From: Guy West[mailto:gwest@facilitybuilders.com] Sent: Tuesday, July 07, 2009 2:11 PM To: DeBow, Debbie Subject: Chlorine Building Hi Debbie, We are bidding on the chlorine building and would like to take a look at the site. How and when could we have access? Thanks, Guy Facility Builders & Erectors, Inc. 'Guy Nest Assistant Project Manager 3940 East Miraloma Ave Anaheim, California. 92006 Phone. (714) 577-8060 l Fax. (714) 577-0064 Conrrpto G`Krwp: bran 0 7/13/2009 North American. Specialty insurance Company Bond ' #12 -B Premium Nil BID BOND KNOW ALL MEN BY THESE PRESENTS, That We, Facility Builders & Erectors, Inc. 4 E. Mira oma ve. of Anaheim.. Ca 92806 as Principal, and North American Specialty Insurance Company, of Manchester, New Hampshire, as Surety, a New Hampshire corporation duly licensed to do business in the State of California are held and firmly bound unto City of Huntington Beach as Obligee, in the penal sum of ten e of amount bid Dollars ( l0 o }, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, irmly by these prese^ts. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted, or is about to submit, a proposal or a bid to the Obligee on a contract for Water Well No. 13 Chlorine Storage Building, CC No. 1284 NOW, THEREFORE, if the aforesaid principal shall be awarded the contract, the said principal will within the period specified therefore, or, if no period be specified, within ten (10) days after the notice of such award into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void, otherwise the principal and the surety will pay unto the obligee the difference in money between the amount of the bid of said principal and the amount for which the obligee may legally contract With another party to perform the work if the latter amount be in excess of the former, in no event shall the liability hereunder exceed the penal sum hereof. PROVIDED AND SUBJECT OF THE CONDITION PRECEDENT, that any suits at law or proceedings in equity brought or to brought against the Surety to recover any claim hereunder must be instituted and service had upon the Surety within ninety (90) days after the acceptance of said bid of the Principal by the Obligee. Any person who, with the intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. SIGNED. .SEALED AND DATED this 7 th day of July 2009 Facility Builders & Erectors, Inc. prindpal North Am ican Specla4 insurance Company _._ Richard A_ Coon_.-Anomey-in-Fact _ 8ND 140 S REV (05195) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Oran€ On 07-07-09 Date before me, Lexie Sherwood - Notary Public Here Insert Name and Title of the Officer personally appeared Richard A. Coon Name(s) of Signer(s) ioLEXIE SHERWOOD COMM. #1593951 ic NOTARY PUBLIC • CALIFORNIA A ORANGE COUNTY Comm. Exp. JULY 27, 2009 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seat Above Signature o o Public OPTIONAL Though the information below is not required by last, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Titie(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ---Title(s); ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of - TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seat of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." e y ...........By 5t.t5L =n Steven P. Anderson, President & Chicf Executive OtTcer or Washington rnt national Insurance Company ?• GSEALrF ' y h1973 �Qa, or & Senior Vice Preshieni of North American Specialty Insunuce Company 0 yf•..au\ y` cUt ud By.wyr David M. Layman, Scalar Vice PeesidenI of Washington hat—ati—A lnau—. Company MamWaiaaaHes & Vice President of North American Specialty Iosurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 30th day of September 2008 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 30t1r day of September 20� before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. °OFFICIAL SEAV DONNA D. SKLENS Notaty Public, State of Ulftiok my Cotninlssion Eepires IM6011 k �)- ho Donna D. Sklens, Notary Public I, James A. Carpenter ,the duly elected Assistant Secretary .of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 7 8hday of July 20 09 lames A. Carpenter, Via President& Assistant Secretary of Washington international Insurance Company & North American Specialty Insurxna Company City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 2, 2009 Fleming Environmental, Inc. 1372 E. Valencia Drive Fullerton, CA 92831 RE: CC-1284 — Water Well #13, Chlorine Storage Building Enclosed please find your original bid bond for CC-1284. Sincerely, Joan L. Flynn, CMC City Clerk J F: pe Enclosure Sister CR/ lD1A I Rf f�s� ter Q�q��p� New Zealand ( Telephone: 714-536-5227 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For - Water Well #13, Chlorine Storage Building. CC1284 July 6, 2009 Notice to All Bidders: Please note the following revision to the project, Specifications: The following shall be added to the Specifications: Part 4 Project Specification Division 2, Division 3, Division 5, Division 7, and Division 16 This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Number one, ated July 6, 2009. FLEMING ENVIRONMENTAL INC. Company Name By' l RRY L. FLEMING, JR. PRESIDENT JULY 10, 2009 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Debbie DeBow at (714) 536-5528. -1 of 1 SECTION C PROPOSAL. for the WATER WELL L o. 1 CHLORINE STO At9E BI'ILDI G CC No. 1284 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 forty-five (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. SCHEDULE OF PRICES — BASE BID Item No. Description Estimated Unit Extended Amount Quantity 1 Construct Chlorine 1 LS `�� Storage Buildinga TOTAL AMOUNT OF BASE BID: s 6LLARS AND CENTS Accompanying this proposal of bid, find BIDDER'S BONj?i the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Ja Bidder's Signature ONE 7/8/09 TERRY L. FLEMING JR. PRESIDENT I C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion qf Work Name and Address of Subcontractor State License NumberIM Class �p U. 0 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOL,L_,USION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange TERRY L. FLEMING, JR. being first duly sworn, deposes and says that he or she is PRESIDENT of FLEMING ENVIRONMENTAL INC. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. FLEMING ENVIRONMENTAL INC. Name of Bidder TI. ERRY L. FLEMING, JR. Signature of Bidder PRESIDENT 1372 E. VALENCIA DRIVE FULLERTON, CA 92831 Address of Bidder Subscribed and sworn to before me this day of/ 20 NOTARY PUBLIC C-4 NOTARY SEAL Jurat State of California County of Orange Subscribed and sworn to (or affirmed) before me on this July, 2009, by Terry L. Fleming Jr., proved to me on the evidence to be the person(s-�'who appeared before me. Signature -16 _ JE3dtViFER�MARTIINCommission z -as a Notary Public - Ca!itornia ° C3range County My Comm. [xplres Apr 22, 2010 My Commission Expires: April 22, 2010 101h day of basis of satisfactory (Seal) UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the V- ater Wc11 No, 13 0florinc Storage Building` :("-12 , (1)(we)(1t) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: JULY 10, 2009 C-5 FLEMING ENVIRONMENTAL INC. Contractor Y TERRY L . FLEMI-NG, JR . PRESIDENT Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® 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-6 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 10, 2009 C-7 FLEMING ENVIRONMENTAL INC. Contractor y TERRY L. FLEMING, JR. 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: FLEMING ENVIRONMENTAL INC. ACKNOWLEDGES THIS AND WILL COMPLY IS AWARDED THIS PROJECT. FLEMING ENVIRONMENTAL INC. Contractor By TERRY L. FLEMING, JR. PRESIDENT Title Date: JULY 10, 2009 Note: This form is required for evety Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained ft-om the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: FLEMING ENVIRONMENTAL INC. Bidder Name 1372 E. VALENCIA DRIVE Business Address FUL.LERTON , CA 92831 City, State Zip ( 71 4 ) 871-2800 Telephone Number 746017 CLASS A HAZ B State Contractor's License No. and Class 2/18/98 Original Date Issued 2/28/2010 Expiration Date The work site was inspected by TERRY FLEMING of our office on JULY 9 , 20 09 The following are persons, firms, and corporations having a principal interest in this proposal: TERRY L. FLEMING, JR. PRESIDENT/SECRETARY/TREASURER MICHAEL FLEMING VICE PRESIDENT FLEMING ENVIRONMENTAL INC. C-9 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. FLEMING ENVIRONMENTAL INC. CAnName `Signature of Bidder TERRY L. FLEMING, JR. PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this of 200_ NOTARY PUBLIC / NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1 PLEASE SEE ATTACHED REFERENCES Name and Address of Public Agency Name and Telephone No. of Project Manager Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: 3. Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Date Completed Contract Amount Type of Work Date Completed C-10 o Fidelity and Deposit Company of Maryland cSU� Home Office: P.O. Box 1227. Baltimore. MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS:. That we, Fleming Environmental, Inc. as Principal, (hereinafter called the "Principal"), and Fidelity and Deposit Company of Maryland P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Huntington Beach as Obligee, (hereinafter called the "Obligee"), in the sum of Ten Percent of Amount Bid Dollars ($10% of Amt Bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Project No. CC No. 1284, Water Well No. 13 Chlorine Storage; Installation of chlorine storage building, asphalt removal and paving, installation of equipment including containment vessels and associated equipment. 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 teams of such bid and give such bond or bonds as may be specified in the bidding or contract docgments with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may m 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 9 th Witness Witness day of July A.D., 2009 t4FleminjagDEnvironmental, Inc. (S�) _ P_nwipal TERRY L. FLEMING, JR. T Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND Sure By Ted E . Adamson , Attorney -in -Fact Printed in cooperation with the American Institute of Architects (AIA) by Fidelity and Deposit Company of Maryland . Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-310, February 1970 Edition. BID70000ZZ0701f Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w ' set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s ate, constitute and appoint Ted E. ADAMSON, of Brea, California, its true and lawful a o -F ake, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed- s n , and the execution of such bonds or undertakings in pursuance of these vr fl In ' any, as fully and amply, to all intents and purposes, as if they had been ac gularly elected officers of the Company at its office in Baltimore, Md., in pers a attorney revokes that issued on behalf of Ted E. ADAMSON, dated 0i42. The said Assistant at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- any, and is now in force. IN WITNESS OF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of January, A.D.2004. ATTEST: pip OfPps�i W 4 N�hi State of Maryland ss: Baltimore County FIDELITY AND DEPOSIT COMPANY OF MARYLAND T. E. Smith Assistant Secretary By: Paul C. Rogers Vice President On this 19th day of January, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Dennis R. Hayden Notary Public My Commission Expires: February 15, 2013 POA-F 012-5403D CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On 7/13/09 before me, Jennifer Martin, Notary Public Date Here Insert Name and Title of the Officer personally appeared Terry L. Fleming, Jr. Name(s) of Signer(s) JENNIFER MARTIN Commission # 1653985 -� g Notary Public - California Orange County My Comm. Expires Apr 22, 2010 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(,s� isfam subscribed to the within instrument and acknowledged to me that he/&hefthey executed the same in hWher/their authorized capacity(ies), and that by his/kef/their signatures(e) on the instrument the person(,afi; or the entity upon behalf of which the person.(sr} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my Signature OPTIONAL and official seal. Signature of 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 t Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Terry L. Fleming, Jr. ❑ Individual ❑ Corporate Officer - Title(s): President ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Fleming Environmental Inc. Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 9, 2009 before me, Lynn A. Beimer, Notary Public Date Here insert Name and Title of the Officer personally appeared Ted E. Adamson Name(s) of Signer(s) LYNN A. BEIMER Commission # 1781026 -m Notary Public - California ' = orange County Convn. E� Ares Dec 16, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personwhose name�/,��re subscribed to the within instrument. and acknowledge to me tha e� he/they executed the same in Is/ er/their authorized capacity#a4, and that bKis her/theiis signatures on the instrument the person; oY the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. d e_ Signature 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 Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attomey in Fact ❑ Trustee . ❑ Guardian or Conservator ❑ Other: Signer is Representing: Jurat State of California County of Orange Subscribed and sworn to (or affirmed) before me on this July, 2009, by Terry L. Fleming Jr., proved to me on the evidence to be the person,'who appeared before me. Signature JENNIFER MARTIN Commission # 1653985 z ; »� ` Notary Public - California n " Orange County My Comm. Expires Apr 22, 2010 My Commission Expires: April 22, 2010 101h day of basis of satisfactory (Seal) Fleming Environmental Incorporated 1372 E. Valencia Drive, Fullerton, CA 92831 (714) 871-2800 ' Fax (714) 871-2801 License #746017 REFERENCES West Basin MWD October 2008 — January 2009 17140 S. Avalon Blvd., Suite 210 David Shull (310) 660-6244 Carson, CA 90746 (310) 217-2414 FAX Furnish, Install, & Placing in operation a clean -in -place (CIP) system Original Contract Amount: $682,776.00 City of Ontario March 2008 — April 2008 1425 South Bon View Avenue Fernando Cobos (909) 395-2695 Ontario, CA 91761-4406 (909) 395-2601 FAX Ontario Pump Station Upgrade Original Contract Amount: $229,325.00 Orange County Water District July 2007 — July 2008 10500 Ellis Avenue Sandy Scott (714) 378-3292 Fountain Valley, CA 92708 (714) 378-3381 FAX La Jolla Recharge Basin Demolition of structures and excavation of a recharge basin Original Contract Amount: $2,830,750.00 City of Pomona October 2007 —April 2008 505 South Garey Michael Ackerman (909) 620-2261 Pomona, CA 91769 (909) 620-2269 FAX Piping, Pumping and Treatment at Well No. 32 Contract Amount: $728,641.00 Jurupa Community Development Agency March 2007 — November 2007 11201 Harrel Street Sam Sampat (951) 685-7434 Xtn 118 Mira Loma, CA 91752 (951) 727-3503 FAX Well No. 17 & 18 Chlorination Contract Amount: $342,900.00 Walnut Valley Water District March 2007 — June 2007 271 South Brea Canyon Road Taj Diep (909) 595-1268 Ext. 230 Walnut, CA 91789 (909) 594-9532 FAX Colima Booster Pump Station Refurbishment Original Contract Amount: $361,800.00 City of Norco November 2006 — June 2007 2870 Clark Ave. David Gilbertson (951) 270-5626 Norco, CA 92860 (951) 270-5619 FAX Sewer Lift Station — Norco Hills Road Original Contract Amount: $922,087.00 City of Hermosa Beach June 2006 — November 2006 1315 Valley Drive Frank Senteno (310) 318-0238 Hermosa Beach, CA 90254 (310) 318-5015 FAX Sewer Improvements — Upgrade of Sewer Lift Stations, Project No. 03-418 Original Contract Amount: $316,473.00 City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 2, 2009 G Coast Construction, Inc. 5461 Encino Ave. Encino, CA 91316 RE: CC-1284 — Water Well #13, Chlorine Storage Building Enclosed please find your original bid bond for CC-1284. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure ri•S�t�" rSister Ces. joapan $mee, New Zealand (Telephone: 714-536-5227 ) rug JUL 13 PM 1: 52 NI T I Fri o 13 Grp n,N rfo e- N C*i, too CF Sul Lo row -q2649- 270:?- tv"MT top SECTION C PROPOSAL for the WATER WELL No. 13 CHLORINE STORAGE BUILDING CC No. 1284 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 forty-five (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. SCHEDULE OF PRICES — BASE BID Item ,No. Description',,,' . ' Estimated- Unit Extended Amount Quantity; 1 Construct Chlorine 1 LS 00 Storage Building TOTAL AMOUNT OF BASE BID: ONE KVWD (t f) It -fill'/ T"15E 'CjI-D ASAJ J !) �Vr ItV N P 6 -D DOLLARS AND 9Dv . 06 ) -0- CENTS Accompanying this proposal of bid, find ic� 6MA in the amount of $ 4 ` 0(— 6'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). Bic C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. r Portion of- Work Name and Address of'Subcontractor State License Number Class f�l � :�•�G God'--J Y/"P.e.(1/ r �k ,l/ �l c�.S f� l� I �� �- .� f q )to G � 1 ck-1 C, Ccn j c_Ak c. inc-. 4 — C C:A Lis(0 0. d)( zo m'J C" SU1014,W W W f'0 ax' t1 I q D By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 DIL NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County off 40 5 �-e/e S 7-1Z A J--C X/ 1 , being first duly sworn, deposes and says that he or she is ?(WSI p4FIJ r of re -CbAE T" Co tsS'� IACTlot-1, 106 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, of 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. 'C"S1I Gof4STFAA(,TiON,1WZ NEIL L. KLEEGER Signature of Bidder LVI , PRIG PE�JT Commission # 1763038 Z ,-m Notary Public - California Los Angeles County mycomn=U23,20nj 061 cl ty AsS , .2J KD CA at1314 Address of Bidder Subscribed and sworn to before me this 7 day of20 O ./ NOTARY PUBLIC NOD CD 1,qeegor, Noteq Public C-4 NOTARY 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 NVater kVell No, lad Chlorine Siora► ( Buildau-, ('C-12 , (1)(we)(1t) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 3 -0 C-5 �; - COrAA CoKSTRAA By 'Ljz� L -4 \ I DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty_ of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ld 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-6 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: (� C-7 G— C W)s T 3TW u Cllt c0 I lV-rL Contractor a bR�S i DEN i Title UNDERGROUND SERVICE ALERT IDENTIF'ICA'TION 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 Identif cation Number: Contractor Title Date: Note: This form is required ,for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms mcty be obtained fYon2 the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: & -cvftSj w P( TpCT110 ( i Bidder Name I W&I 0 A-4 E. Business Address City, State Zip 9 I �) g0l - °i)-,47 Telephone Number 94470 A, 3, C27 State Contractor's License No. and Class Original Date Expiration Drrfe The work site was inspected by _ 16, 1oo4- 31, 201 v of our office on , 20 . To Intpl:Zrt Jvuu 71 'mil P-eVT We pl)� The following are persons, firms, and corporations having a principal interest in this proposal: c se C-9 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. - CbAST n iw�;-T F-mcT I oO , I OZ,, Signature of 2 1 WW1 PR T Printed or Typed Signature Subscribed and sworn to before me this day of NEIL L. KLEEGEP Commission # 176,1038 », Notary Public - California Los Angeles County 23, 2011 NOTARY PUBLIC NOTARY SEAL NeD L ? fi r,. Notaly,, Pub 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: 10�� � G' 1. 101�'Gt1� 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work C-10 Date Completed Date Completed Date Completed G COAST CONS) KUCTION, INC. Lie. #: $44758 (A,B & C27) G. Engineering, G. Construction & Landscaping f MAJOR CONSTRUCTION PROJECTS COMPLETED 2006 - 2009 Dame of Proiect Owner Contact Person[Tel. Scope of Work Contract Amt Date Completed 1 Facilities Renovation City of Covina Paul Hertz Replacement of library roof & boiler, $474,000 Mar-09 534 N Barranca Avenue, (626) 858 7249 City yard roof and exterior windows. Covina, CA 91723 Remodel of Finance Public Counter. 2 9th Floor Roof Repair Los Angeles Community College Michael Mallery Removing existing roof, installing new $175,000 Dec-08 District Headquarter (213) 996 2569 roof,demolition and installation of 770 Wilshire Blvd.,Los Angeles, structural upgrades and concrete. California 90017 3 Sidewalk Replacement West L. A. College John Oda/Michael Berman Replacement of sidewalk & chain link fence. $180,000 Sep-08 Culver City, CA (310) 202 2575 -nprovement of parking lot, striping & planting. Turner Construction d 4 Tree Buffer Landscape At West L. A. College Bob Miller Landscaping, Planting & Irrigation, $260,000 Dec-07 West L. A. College Culver City, CA (213)996 2234 Patching & Paving Turner Construction Kunal Shah (310) 202 5575 5 Helmer's Hard Court Project Saugus Union School District Harold Pierre A/C Paving, slab or grade, stripping, $245,000 Aug-06 24930 Avenue Stanford (661) 294 5300 grading, concrete gutter, sewer line, Santa Clarita, CA 91355 demolition, plumbing. 6 Relocation of Modular William S Hart Union Sam Yu Classroom relocation including $420,000 Apr-06 Classrooms School District Vaneer Const. Mgt. plumbing, landscaping, concrete 21515 Centre Pointe prkwy, (661) 212 1524 work and paving. Santa Clarita,CA 91350 5461 Encino Ave., Encino CA 91316 Tel # (818) 907-9246 - Tel # (818) 907-9247 Cell: (818)974-5854 Fax: (818) 907-7067 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Water Well #13, Chlorine Storage Building. CC1284 July 6, 2009 Notice to All Bidders: Please note the following revision to the project, Specifications: The following shall be added to the Specifications: Part 4 Project Specification Division 2, Division 3, Division 5, Division 7, and Division 16 This modification does not change the Engineer's Estimate for this nrninrt This is to acknowledge receipt and review of Addendum Num � - W pq Company Name -AW Date All bidders must acknowledge the receipt of this Addendum w Should you have any questions regarding this Addendum, please call Debbie DeBow at (714) 536-5528. -1of1 City of Huntington Beach Well No. 13 Chlorine Storage Building PART 4 TECHNICAL SPECIFICATIONS SECTION 02050 — DEMOLITION AND SALVAGE PART 1 — GENERAL 1.1 WORK OF THIS SECTION Specifications 02050-1 A. The CONTRACTOR shall furnish all labor, equipment, materials, and incidentals necessary to prepare the site including clearing, grubbing, stripping, and disposal, and perform and complete demolition work as shown on the DRAWINGS and as specified herein. 1.2 RELATED SECTIONS A. The Work of the following Sections applies to the Work of this Section. Other Sections of the Specifications, not referenced below, shall also apply to the extent required for proper performance of this Work. 1. Section 02220 - Excavation and Backfill for Structures 1.3 REFERENCE SPECIFICATIONS, CODES AND STANDARDS A. The WORK of this Section shall comply with the current California Building Code (CBC) as adopted by the authority having jurisdiction over the Work. B. Except as otherwise indicated in this Section, the CONTRACTOR shall comply with the latest adopted edition of the Standard Specifications for Public Works Construction (SSPWC) together with the latest adopted editions of the Regional and Supplement Amendments. 1.4 CONTRACTOR SUBMITTALS A. The CONTRACTOR shall submit a demolition schedule. The demolition schedule shall provide a complete coordination schedule for demolition work including shut-off and continuation of utility services before the start of the demolition. The schedule shall indicate proposed methods and operations of facility demolition, and provide a detailed sequence of demolition and removal work to ensure uninterrupted operation of occupied areas. B. Before starting the Work, the CONTRACTOR shall be responsible to prepare a modified Storm Water Pollution Prevention Plan (SWPPP) for review and approval by the City of Huntington Beach. The modified SWPPP shall include the following items: 1) identify all potential pollutant sources, 2) identify any potential non-stormwater discharges, 3) identify the receiving water bodies, 4) identify drainage flow patterns to receiving water bodies, and 5) identify what Best Management Practices will be implemented to protect receiving water quality. DEMOLITION AND SALVAGE 02050-1 Jet AIA Document A310 Bid Bond BOND # N/A KNOW ALL MEN BY THESE PRESENTS, that we G COAST CONSTRUCTION, INC. 5461 ENCINO AVE. ENCINO, CA 91316 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and GREAT AMERICAN INSURANCE COMPANY 950 TOWER LANE, SUITE 340 FOSTER CITY, CA 94404 (Here insert full name ,and address or legal title of Surety) a corporation duly organized under the laws of the State of OHIO as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 (Here insert full name ,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of TEN AND 00/100 PERCENT of attached bid ------ ------- _------- _---- _--- _------- Dollars ($ 10 for the payment of v.'hich 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 WELL #13 CHLORINE STORAGE BUILDING (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not -to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation . shall be null and void, otherwise to remain in full forck and effect. Signed and sealed this 7th day of July 2009 (Witness) (Principal) (Seal) (Seal) (Witness) Yung T. Mull AIA DOCUMENT A310 BID BOND AIA O FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.0 20006 State of California County of Orange } On July 7, 2009 before me, _ Christine T. Hoang, Notary Public (insert name and title of the officer) personally appeared Yuna T. Mullick who proved to me on the basis of satisfactory evidence to be the person(16) whose name(k) is/ate; subscribed to the within instrument and acknowledged to me that heFAbg)db' executed the same in hisAxK1&j6r authorized capacity( , and that by his1k& signature(s) on the instrument the person(*), or the entity upon behalf of which the person(k) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. Signature _ LaFrk�� CHRISTiNE �. HOAN f COMM, # 1827909 ;1 ORANGE CC UN—ry CD MY Comm. Expires (Seal) GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET * CINCINNATI, OHIO 45202 • 513-369-5000 ® FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FIVE No. 014554 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power YUNG T. MULLICK ALL OF ALL JAN ES W. MOILANEN MISSION VIEJO, $75,000,000.00 JENNIFER C. MONEY CALIFORNIA P. AUSTIN NEFF CHRISTINE T. HOANG This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WTTNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 3W day of, MARCH , 2009. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVID C. KITCHIN (513-412A602) On this 3 d day of MARCH , 2009, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any andall bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority,- and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in firll force and effect. Signed and sealed this 7 th day of, ,July 2009- S1029Y (10/08) City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERIC October 2, 2009 Harbour Constructors Co. 12881 Knott Ave. #112 Garden Grove, CA 92841 RE: CC-1284 — Water Well #13, Chlorine Storage Building Enclosed please find your original bid bond for CC-1284. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister CNP,°',4Rf UsSpyff tWr"?3tg4� New Zealand (Telephone: 714-536-5227 ) C'pri <--::> 2 S C' o �= o I-z, 21iU9 JUL 13 PM . '- Zg4- 4 SECTION C PROPOSAL for the WATER WELL No. 13 CHLORINE STORAGE BUILDING CC No. 1284 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 life in the office of the City Engineer of the City, of Huntington Beach. The undersigned agrees to perform the wort: therein to the satisfaction of and under the supervision of the City En"ineer of the City of Huntington Beach, and to enter into a contract at the following prices. Th,—, undersigned agrees to complete the work within forty-five (415) 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. SCHEDULE OF PRICES — BASE BID Item No. Description Estimated Unit Extended Amount Quantity 1 Construct Chlorine 1 LS 15 Soo.«o r Storage Building TOTAL AMOUNT OF BASE BID: ONPAED >4fe&-60A7 THb%,r7,4N 17 a� c PDOLLARSAND CENTS ($_ V51'Soo. oa) Accompanying this proposal of hid, find 3`t'��^"D in the amount of $ l O which said amount is not less than 10% of the aggregate of the total bid price_ as required by the Notice Invitino Sealed Bids, payable to the AGENCY. (Please insert the v ords "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 er's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class NBC L�CQJ,S,Tc ��i�cc V/ cam, Z .e /e7-4 S lr4�8 G 3 g6ff 4::n�/2-45434-1> �� t4�05 Q cA--3 7 d 14 03 c U� J,rT,N�ToN ►- <'�� CA 4-_L9 Coo 13 I By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange 6 REG —S Qet-1, being first duly sworn, deposes and says that he or she is --Fkc51 of,p/-%rZj3oJjZ 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. /-4213oJ )Z �o''�'S %fZUC —110 OL- r= Name c i f r Signat e of Bidder Address of Bidder Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC TP c. %-4 cii G4 NOTARY SEAL CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 7-9-09 before me BARBARA J. BENDER, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared GREG BUCHANAN Name(s) of Signer(s) BARBARA J. BENDER Commission # 1801899 -m; Notary Public - California 2 Z Orange County My Comm. Expires Jul 13, 2012 ABARBAABENDER #180189Commission Notary Public - California ° Orange county MY Comm. Expires Jul 13, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(@) whose name(so istam subscribed to the within instrument and acknowledged to me that he/aboAhM executed the same in hi -authorized capacity ), and that by hi signature(d) on the instrument the person(#), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS h d a icial sea . Signature Sig nre of 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 NONCOLLUSION AFFIDAVIT Title or Type of Document: Document Date: — 7-9-09 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) NONE Number of Pages: ONE ( I Signer's Name: GREG BUCHANAN Signer's Name: ❑ Individual ❑ Individual 4 Corporate Officer — Title(s): PRESIDENT ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: H RR -OUR CONSTRUCTQ c CO ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association- 9350 De Soto Ave,,P.O. Box 2402 -Chatsworth, CA 91313-2402 - www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Water Well No. 13 Chlorine Storage Building, CC-1284, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: .A person who, by reason of experience or instruction, is familiar with the operation to be peifortued 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: e 3-0 --Y v C-5 �-�23cw2 CD as�z�� i c��z5, Cc� Contractor By Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shalt 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 4rNo 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-6 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 wort: of this contract. Date: e S� ->, o g C-7 ��.it3c7J� �vaS � �z.��ip�2s Co Contractor r ; By Title UNDERGROUND SERVICE ALERT IDENTIIFICAT'ION 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 sy 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-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name 12 0 e t ►-� /�.�iG l 1 �z- Business Address City, State Zip (714) eq S� 2 7a,:D Telephone Number C::�:l072C�'CA, State Contractor's License No. and Class �3O -,/ O % Original Date Issued Expiration Date The work site was inspected by cC���«�`^'a`'of our office on �a Svc 20G The following are persons, firms, and corporations having a principal interest in this proposal: �1,1J� ►-�G�-i Ar�A� C-9 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. AiZ 13 Company )�o Signature o^idder Printed or Typed Signature Subscribed and sworn to before me this _ day of 1200 _ NOTARY PUBLIC NOTARY SEAL �iZoSc`�r� ?�l�Ttb i3 �,✓ ,�.,z� �zo� �l •.� -�4�As S�iZcsrP"' VO50 �O�ST/zJe;vizS Listed below are the names. address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency -714 76$ S14Da t:�7-xi I;r;��q Name and Telephone No. of Project Manager: �'��tzt VA E ,,,,13e izc-.ff 12 9 4-1 C, 4-r' Contract Amount Type of Work Date Completed 2. �pv �✓ i o F �y 5 //G �5 Name and Address of Public Agency Name and Telephone No. of Project Manager: 1 A�,J i 4 9 S Z 'F L �NL. """'N. f� /C��- �G, C j � fA'�iNb 1��L -2 7 Contract Amount Type of Work Date Completed Name and Address of Public Agency 37-6 ` 574`�> X 33 4- Name and Telephone No. of Project Manager: 2AZ6*Z4 �Ar2u.✓6To.✓ 1 4-31 SS% �rj/�G2El� ��C'.i9%c'NGit /yt�'�f� �2—G7OS Contract Amount Type of Work Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE 7-9-09 On before me, Date personally appeared BARBARA J. BENDER, NOTARY PUBLIC GREG BUCHANAN BARBARA J. BENDER Commission # 1801899 Z '• `'� ` Notary Public - Calitornia = ° Orange County My Comm. Expires Jul 13, 2012 BARBARA J. BENDER Commission # 1801899 " Notary Public - California ° Orange County My Comm. ires Jut 13, "12 Ptace Notary Seat Above who proved to me on the basis of satisfactory evidence to be the persons) whose name(*) is/@= subscribed to the. within instrument and acknowledged to me that he/ , executed the same in hi authorized capacity ), and that by his signature(#) on the instrument ithe person(@), or the entity upon behalf of which the lerson(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct/) WITNESS Signature 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: 7-9-09 Signer(s) Other Than Named Above: BID PACKAGE Capacity(ies) Claimed by Signer(s) Signer's Name: GREG BUCHANAN ❑ Individual 414 Corporate Officer — Title(s): PRESIDENT ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • - ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: TEN (10 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPR- T+ OF SIGNER ®2007National Notary Association •9350DeSoto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder: Call Toll -Free 1.800-876-6827 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Water Well #13, Chlorine Storage Building. CC1284 July 6, 2009 Notice to All Bidders: Please note the following revision to the project, Specifications: The following shall be added to the Specifications: Part 4 Project Specification Division 2, Division 3, Division 5, Division 7, and Division 16 This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Number on ,date Ju , 4A4'��i4713-orz s %,2c- C� Company Name By 0 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Debbie DeBow at (714) 536-5528. -1 of 1 cS—ty 2-4 1,k- 1904 International Fidelity INSURANCE COM P A N Y BOND NO. 048 90 87 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, HARBOUR CONSTRUCTORS, CO. One Newark Center Newark, New Jersey 07102 (973) 624-7200 as Principal, and THE INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation of the State of New Jersey, as Surety, are hereby held and firmly bound unto CITY OF HUNTINGTON BEACH in the penal sum of TEN PERCENT OF TOTAL BID PRICE IN DOLLARS (s 10% of Bid 1 for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed, this 8th day of JULY , 20 09 The condition of the above obligation is such that whereas the Principal has submitted to CITY OF HUNTINGTON BEACH a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for WATER WELL NO. 13, CHLORINE STORAGE BUILDING, CC NO. 1284 NOW, THEREFORE, (a) If said bid shall be rejected, or in the alternate (b) If said bid shall be accepted and the Principal shall execute and deliver a contract in the form of contract attached hereto, properly completed in accordance with said bid, and shall furnish a bond for the faithful performance of said Contract, and for the payment of the persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid; THEN, THIS OBLIGATION SHALL BE VOID, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of time within which the said bid may be accepted; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereto set their hands and seals, and such of them as are corporations have caused their corporate seals, to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Signed, sealed and delivered in the presence of: ATTEST: ATTEST: Bid Bond Date JULY 13, 2009 HARBOUR 0 S U RS, CO. BY: Prin2WEN i INTN LI O. By: . BROWN Attorney -In -Fact CALIFORNIA ALL-PURPOSE ACKNOVBLEDQUENT State of California County of ORANGE On 7-8-09 before me, BARBARA J. BENDER NOTARY PUBLIC ode HMO Sow Nam am INIs personally appeared OWEN M.-BROWN Lei of stet BARBARA J. BENDER Commission # 1801899 z • "� Notary Public - California = Orange County My Comm. Expires 1u1413 201p 12 BARBARA J. BENDER Commission # 1801899 Notary Public - California Z Orange County My Comm. Ex Tres Jul 13, 2012 Poe Noroy seal Ate who proved to me on the basis of satisfactory evidence to be the person(q) whose name(e) Wain subscribed to the within instrument and acknowledged to me that heksbafty executed the same in authorized capacity(ib), and that by hisillg&ir signature{it:) on the instrument the person(d), or the entity upon behalf of which the person(p) acted, executed the instrtartent. I certify under PENALTY OF PERJURY under the lawns of the State of California that the fon�Oing paragraph is true and Corr 6il WITNESS Signature W r. Though die infomzWkn bebw is not required by far►, it may jomw rehAgk to persons retying on the d cuff # and could prevent fraudulent removal and reattachment of this form to anadw d omen Description of Attached Document Title or Type of Document: BID BOND Document Date: 7-8-09 Number of Pages: nNF-(j Signer(s) Other Than Named Above: HAP BOUR CONSTRUCTORS, CO. Capacity(ies) Claimed by Signe(s) Signer's Name: OW I 14. BROVN ❑ lndMdual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General XX Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer is Representing: INTERNATIONAL FIDELITY INSURANCE COMPANY Signers Name: ❑ individual ❑ Corporate Officer — Title(s): —. ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: u'F'SiGP`icf; ®2007NOonWNdWoA=dalon-9350DoSolo Aw,PaBmc2402-C1WwoAh.CA91313.2402-wwwN4WWH0WPg {bamtiW Rea�rCaRlb�rree1 878�827 Tel (973) 624-72040 POWER OF ATTORNEY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint OWEN M. BROWN, BARBARA J. BENDER Anaheim, CA. _...:......:....::.:_.:.:.::::::.........::...:.,.:...:...:..:.::::.:::........:..:....:..:.:.:::::.:.::::::::.:::::::.. :::, .::......... _.. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety: any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as of the same bad been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked pursuant to and by authority of Article 3-Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANa COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. o V SEAL � � INTERNATIONAL FIDELITY INSURANCE COMPANY y STATE OF NEW JERSEY J00! 3`p County of Essex Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seat affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Sea] and his signature were duly affixed by order of the Board of Directors of said Company. UIA IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 8 th day of JULY, 2009 Assistant Secretary City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 2, 2009 Pacific Coast Infrastructure, Inc. 22343 La Palma Avenue, Ste. 114 Yorba Linda, CA 92887 RE: CC-1284 — Water Well #13, Chlorine Storage Building Enclosed please find your original bid bond for CC-1284. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister New Zealand 1 Telephone: 714-536-5227 Pa. c Coast 4hfrA s r u t r 6;,Inc. . 6fI, I t' 22343 La Pulnw'Avt nilt , r I SM 114 Yorba Li" 92887 R E (7"F- 20019 JUL, 1'3 Ptil 1: 56 SECTION C PROPOSAL for the WATER WELL No. 13 CHLORINE STORAGE BUILDING CC No. 1284 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 rile in the office of" the City Engineer of the Cite 01' I-luntin`aton Beach. The undersi�(Tned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of i-luntington Beach. and to enter into a contract at the fo!!owing prices. The undersigned agrees to complete the wort: within forty-five (4 ) working days. starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon carel`ul 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 1u111p Sulll 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 Sunl 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. 153,400 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. SCHEDULE OF PRICES — BASE BID Item No. Description Estimated Unit Extended Amount Quantity 1 Construct Chlorine 1 LS Storage Building TOTAL AMOUNT OF BASE BID: On 0, Act d t--d lam- j&'o "S°V, iWo "AAT DOLLARS AND Z-'"O CENTS ($ 1501, 2OO . oa ) Accompanying this proposal of bid, find IYJ go� in the amount of $ which said amount is not less than(7/ 'f the a�—reol'the total bid price. as required by the Notice Inviting Sealed Bids, pa, ab eTe to the AGENCY. (Please insert the words "Cash". "Certified Check", or "Bidder's Bond", as the case ma} be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received B der s Signature 1 -7 b 0 `1 C-a 10 o OP )Or MST 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 Naine and Address of Scrbcontractor State License Ntimber Class GAAce- Ge, Fgo c e C ej L& 1 j c�. eivv� �- CA g0 ( (.- `( G 13 S-cl u k+z F, let t r �, uL .6t o G I o %,a,\,XW,(KU1AC0 MA&� fAr, a ca, i a,,, C.AA� �i 2t-($ Z C -rS 1 i By submission of this proposal, the Bidder certifies: 1. That lie is able to and will perform the balance of all wort: which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLL.USION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange G10-hC, ..�QsSta' being first duly sworn, deposes and says that he or she is of PC, the party raking 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 front 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 mill not pay fee to an\ corporation, partnership. company association. organization. bid depository. or to any member or agent thereof to effectuate a collusive or sham bid. `e'er c t l c' cv&'�' Name of Bidder Signature of Bid er ?— 3el3 LcL f0,1-A AvZ # I 14 Ywrba 1,%t�-4c,, CA °t ZZ 81 Address of Bidder Subscribed and sworn to before nle this day of , 2010-5 . NOTARY PUBLIC C-4 =Ankrll�lr— JAMES PAK Commission * 1843747 Notary Public - California Orange County My Comm. Ex Tres Ma tr 6,22013 NOTARY 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 Water Well No. 13 Chlorine Storage Building, CC-1284, (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 c?f experience or instruction, is familiar with the operation to be perforrrrecl anti the ha.::crrds involved " The undersigned also promised and aurees 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 a(.;rces that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned .shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 7 PIP-1- C-5 oxa -Tic- Cws !_ o c Contractor By Gar�o era -Fe_. Sep rrL-J�.� y Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of pe►jury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder- ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes M No IPthe 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-6 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. Gate: 71N--2, 1 p_ C-7 ro-c,k�kc, Contractor B, 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. Dag Alert Identification Number: Contractor By co r AA Title Date: —7 t S-D -k Note: This forru is required for every Dig Alert klentification Number issued by U.S.A. during the course of the Work. Additioncd.forms incry be obtained fi^on1 the AGENCY argon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: I Co a S+ Sri-'rAS�u c+mr-e . �►� G Bidder Name ZZ343 LA &(v,,& Niue Business Address r L o. Ctn-o� City, ( fly ) 01-70--782-Z Telephone Number g 1 s3s 1 C (-A 5s A State Contractor's License No. and Class 57-7 Oriainal Issued S-)p Expiration Date CA 61Uy State Zip rr � The Nvork site was inspected by C�a�� V��S0Ofour office on 7 Q 200q The following are persons, firms, and corporations having a principal interest in this proposal: PCLC i t-i C- C oa S i-" t r wS 1Y c �L-f tl✓ Cr eo C-9 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 fo►-th. Poc c,,-6 c Company Name Signature of Biddler Tho-mas Jessae Printed or Typed Signature Subscribed and sworn to before me thisIt-day of , 2001. NOTARY PUBLIC Commission # 1843747 Notary Public - California Orange County NOTARY SEAL Listed below are the names. address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 STATEMENT OF TECMWCAL ABILITY AND EXPERIENCE Water Well No. 13 Chlorine Storage Building, CC No. 1284 Pacific Coast Infrastructure (PCI) specializes in heavy civil construction. The principals of PCI have extensive experience in mass grading projects, highway projects, water works projects, and other assorted infrastructure related construction projects. We have included the work histories of our president (Craig Westmann), our superintendent (Tom Martinez), and our project manager (Chris Ross) for your use and information. Each work history provides project and experience information for these key personnel who will be involved with the construction of CC No. 1284. We are also pleased to inform you that PCI is signatory to the Operating Engineers union, the Carpenters union, the Laborers union, and the Cement Masons union. These memberships will ensure that your project will not only have quality project management, but also that our craft personnel will be of the highest caliber. At this time neither PCI nor any of its personnel are involved in litigation of any kind. Furthermore, our company has not had any litigation or disputes of any kind. We have provided a list of references for your use, and we encourage you to contact them or us with any questions you may have regarding our company. PCI is fully insured and bonded at this time, and we will confirm complete compliance from our providers with your contract documents, thus there should not be any difficulties with insurance certifications or performance/payment bonds once a contract is awarded. In the event that PCI is the low bidder on July 13", we would encourage you to meet with us as soon as possible thereafter to discuss our plan to construct your project. We will gladly show the City of Huntington Beach our means, methods, and resources planned for the construction of this project. We are looking forward to doing business with the City of Huntington Beach. Sincerely, Pacific Coast Infrastructure Thomas Jessop Corporate Secretary Page 1 of 3 Insurance: Wood Gutmann & Bogart 15901 Red Hill Ave #100 Tustin, CA 92780 Office: (714) 505-7000 Surety Bonds: RS Bonding & Insurance Agency, Inc. 1633 E 4`h Street, Suite 228 Santa Ana, CA 92701 Office: (714) 541-4700 Bob Schneider Area Manager, C.C. Myers Inc. 1822 South Lewis Street Anaheim, CA. 85302 (714) 412-3882 (cell) Brad Spies President, SEMA Construction 7353 S Eagle Street REFERENCES Centennial, CO 80112 (303) 638-8207 (cell) Bruce Himes President, Western Waterworks, Inc. 5831 Pine Avenue Chino Hills, CA. 91709 (909)597-7000 Ashok IDhingra Vice President, Metcalf & Eddy 999 Town & Country Road Orange, CA. 92868 (909)224-3160 Ivan Benavidez Senior Project Manager, TCM Group 8676 Wheeler Avenue Fontana, CA. 92336 Cell: (909) 203-3589 Page 2 of 3 Agency References Department of Parks and Recreation Tehachapi District Silverwood Lake SRA 14651 Cedar Circle Hesperia, CA 92345 Phone: (760) 389-2282 Fax: (760) 389-2401 Project: Miller Creek Crossing Contract amount: $50,000 Status: began 10108, completed 1109 City of Camarillo Camarillo Sanitary District PO Box 248 Camarillo, CA 93011-0248 Phone: (805) 388-5307 Fax: (805) 388-5318 Project: Pump Station No. 6 Rehabilitation, SS-08-01 Contract Amount: $124,100 Status: began I1108, completed 1109 City of Huntington Beach Public Works Department 2000 Main Street Huntington Beach, CA 92648 Phone: (714) 536-5431 Project: Lift Station #24 Replacement Contract Amount: $1,545,027.75 Status: In progress, started 5109 Las Virgenes Municipal Water District 4232 Las Virgenes Road Calabasas, CA 91302 Phone: (818) 251-2100 Fax: (818) 251-2109 Project: Twin Lakes Pump Station Expansion Project Contract Amount: $783,990.00 Status: In progress, started 7109 Page 3 of 3 EXPERIENCE PROFILE Craig Westmann is the President of Pacific Coast infrastructure. He has over 20 years of experience in the construction industry. Craig has worked across California and held positions as Project Manager, Project Engineer, Estimator, and Area Manager. His expertise lies in the areas of heavy civil construction including DOT work, local highways and bridges, and reservoirs. Education: B.S., Engineering/Construction Mgmt 1992 California State University - Long Beach Years of Experience: 20 years While at SEMA, Craig was involved in project management, claims resolution, business development, and engineering roles for heavy civil construction. He managed SEMA's general operations and coordinated between the office and field. Craig directed the support of the office with the field to assure projects met schedules, were properly manned, and subcontractors were performing work. He also aided in new project bidding and job set-up. Craig was also instrumental in claims resolution for SEMA. Craig's project resume includes numerous projects with both project management and supervisory roles, with his more notable projects listed as follows: • Coldwater Reservoir, City of Beverly Hills, CA — $22 million • Hillcrest Park 5 MG Prestressed Reservoir, Fullerton, CA - $7.6 million • Secondary Effluent & Recycled Water Storage Tanks, Escondido, CA - $6.3 million • Santa Anita Reservoir No. 4 for City of Arcadia, Sierra Madre, CA - $5.3 million • Highway 60 Moreno Valley, Riverside County, CA - $24 million • St. Joseph Rerservoir #1, Arcadia, CA - $3 million • Two-8 MG Reservoirs and Pump Station, Westminster, CA - $7.7 million • Overcrossing for Route 30, La Verne, CA - $11 million • New Main Street Bridge Overcrossing, San Jacinto, CA - $5 million • Crown Valley Parkway at Ladera Ranch, CA - $4 million • Imperial Highway Grade Separation, Los Angeles, CA - $11 million • Pier J Grade Separation, Port of Long Beach, CA - $10 million • Widening of Route 110 at Rosecrans, Los Angeles, CA - $18 million • Route 241 in South Orange County #F5, Orange County, CA - $12 million © Route 241 in South Orange Conty #F9, Orange County, CA - $20.5 million • Widening of 1-5 at Main Street, Orange County, CA - $38 million • Widening of Route 110 from 37th Street to 18th Street, Los Angeles, CA - $17 million RELEVANT EXPERIENCE SEMA Construction, Inc. As Area Manager, Craig was responsible for managing the general operations of the California Division. He also coordinated between the office and the field. Pacific Hydrotech As an Estimator / Project Manager, Craig was responsible for providing project supervision, CPM scheduling, change order negotiations and processing, cost control, dispute resolution, and technical assistance for other project supervisors, as well as assisting the estimating team. MCM Construction Craig was the Project Manager on several highway projects for this firm. He provided project supervision, cost control, and technical assistance for supervisors in the field. CC Myers As the Chief Engineer for Southern California, Craig was responsible for project management on several multi -million dollar projects in Southern California. Pacific Coast Infrastructure, Inc. 22343 La Palma Ave, Suite 114 Yorba Linda, CA. 92887 Torn Martinez General Superintendent Experience Profile Tom Martinez is a General Superintendent with proven success in project building. His experience spans more than 17 years beginning in 1991. Primarily working in Southern California, he has held positions as General Superintendent, Project Superintendent, General Foreman, and Project Foreman. Tom's multi faceted carrier in heavy civil construction has included, international airports, military airports, regional highway interchanges, bridges, underground, general roadwork and street improvements. In performing the aforementioned duties, Tom has coordinated material resources and jobsite logistics. That coordination involves procurement of site specific materials, proper employment and set up of equipment, and the management of manpower involving various trades. This experienced leadership provides essential elements to scheduling subcontractors, inspection and partnering with government agencies at the local, state and federal level. Tom also manages the liaison the corporate office and the field offices. A list of his most notable projects is as follows: * Ontario Airport 26R / 8L Rehabilitation, Ontario, Ca - $49.5 Million * Long Beach Airport 12R / 30L Rehabilitation, Long Beach, Ca - $39.8 Million * Jackson Street Bridge, Riverside, Ca - $8 Million * Warner Street Rehabilitation, Costa Mesa, Ca - $2.8 Million * Whittier Narrows Dam, Pico Rivera, Ca - $2.5 Million * Crown Valley Parkway, Ladera Ranch, Ca - $4 Million * 1-5 / 91 Interchange, Fullerton, Ca - $6 Million * 71 Fwy Segments 2 & 3, Chino Hills, Ca - $7.3 Million * 1-5 / 22 / 57 Orange Crush Interchange, Orange, Ca - $4.9 Million * Grand Avenue Realignment Music Center, Los Angeles, Ca - $14.8 Million Relevant Experience Beador Construction As Superintendent, Tom is overseeing two bridge widenings and one on / off ramp widening. He is responsible for the planning and execution of the field operations. Griffith Company; As Project Superintendent, Tom was responsible for the scheduling, coordinating of subcontractors, cost control, problem solving and partnering. California Engineering and Grading As General Foreman, Tom supervised multiple operations, multiple crews and multiple shifts. Chris Ross Project Manager Experience Profile Chris Ross is a Project Manager with proven success in project management of water/waste water construction. Chris has experience in all aspects of water/waste water projects from the field to the office. He has successfully built lift stations, primary and secondary water treatment systems, water storage reservoirs and digester system mechanical upgrades. In addition to water/waste water projects Chris has also worked on industrial projects, commercial projects and multi -family residential projects. A list of his most notable projects is as follows: * HB Lift Station #24, Huntington Beach, CA $1.5 Million (In -Progress) * Pumps Station and Water Systems Improv., San Luis Obispo,CA $12.8 Million * YLWD 8 MG Water Storage Reservoir,Yorba Linda, CA $10.8 Million * RP-1 3 Phase Digester Improvements, Ontario, CA $6.5 Million * Fashion Walk Condos, Fashion Valley, CA $49 Million * Opus Crossing, San Diego, CA $8.5 Million * Pine Corporate Center, Chino Hills, CA $11.4 Million Relevant Experience: Pacific Coast Infrastructure As Project Manager, Chris was responsible for scheduling, all project correspondence and supervision of superintendents/foreman. SSC Construction As Project Manager, Chris was responsible for scheduling, all project correspondence and supervision of superintendents/foreman. Stanek Constructors As Assistant Project Manager, Chris was responsible for procurement of materials, project correspondence, maintaining logs and taking over project management duties in the absence of Project Manager. D.R. Horton As a Project Engineer, Chris was responsible for estimating type 1 and 5 multi- family structures. Opus West As a Project Engineer, Chris was responsible for project correspondence, bidding projects and development of contract drawings and documents. CONSENT OF SHAREHOLDERS TO AUTHORIZE SIGNER OF BID DOCUMENTS OF Pacific Coast Infrastructure, Inc. The undersigned, being all of the shareholders of PACIFIC COAST INFRASTRUCTURE, INC., hereby consent that the corporation elect Thomas Jessop, Secretary, and/or Craig Westmann, President, to sign all bidding documents on behalf of the company. This 1 Oth day of May, 2008, Craig Westmann / resident Thomas Jessop Secretary NORTH AMERICAN SPECIALTY INSURANCE COMPANY BOND NO.: PACCO-049 KNOW ALL MEN BY THESE PRESENTS: That we, PACIFIC COAST INFRASTRUCTURE, INC., (hereinafter called the Principal), and NORTH AMERICAN SPECIALTY INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of NEW HAMPSHIRE, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, (hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT NOT TO EXCEED TWENTY-SEVEN THOUSAND FIVE HUNDRED AND 00/100 Dollars ($27,500.00), 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 for CONSTRUCT CHLORINE STORAGE BUILDING JOB/BID NO. Cc 1284 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. 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 principalshall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 9TH day of JULY, 2009. M. NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City. of Itasca, Illinois, each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION ($25,W%000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24i° of March. 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of du m hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shalt be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. aarr rr 9 By Stern P. Andenea, Presld¢.t & C6krF.seenave Duke. of waa6laGtoq Interaatioaai Im■canoe compoay ; $EAL iTy t WJ �,i & Senlar Vier President or North American Sp d sty rmanxe Company Ills By pond M. I.syman.9eetor Vice Prrslden orwasbici rea tenetnotienal Imuranw Cmnpnay & Vice President *Mortb Amerieao Sremiehy Imurance Cempaoy IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this Mth day of September 2008 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page as. On this 30th day of September 20 Og , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President ofNorth American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective comnanies. D. SffiFNs EatuyP. State ettllaais Donna D. Sklens, Notary Public mhwon Expires 1ltrUWl011 L James A. Carpenter-, the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 9th day of JUIy . 2009 , r Ames A. Crpenw, vine President & AnsW M Seaaenry ar-Aie®ton Irdesnatiunsi Inams a Compmy & North Anearicen Specift InaX 40Cw,pany CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On July 9, 2009 before me, Erika Guido, NOTARY PUBLIC, personally appeared RANDY SPOHN ® who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. _ I certify under PENALTY OF PERJURY under the laws of the State of �— ERIKA GUIDO California that the foregoing paragraph is true and correct. o COMM. # 1843731 ::E g NOTARY PUBLIC CALIFORNIA N WITNESS my hand and official Seal. 3 ORANGE COUNTY My comm. expires May 5, 2013.1t /' Signature obtNotary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK October 2, 2009 R C Foster Corp. P O Box 77055 Corona, CA 92877-0101 RE: CC-1284 — Water Well #13, Chlorine Storage Building Enclosed please find your original bid bond for CC-1284. Sincerely, J F: pe Enclosure Sister CAiest01�"iijo S�'apan t9rV ENK2°r�, New Zealand (Telephone: 714-536-5227 ) R C Foster, Corporation PO; Boi,77.6�"' Corona, CA'92877-01 01 CITY,CLERK CITY OF ��h SECTION C PROPOSAL for the WATER WELL No. 13 CHLORINE STORAGE BUILDING CC No.1284 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 forty-five (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. SCHEDULE OF PRICES - BASE BID Item No. Description s:W -Estimated, . -; Unit '' t' Extended Amount: Quantity Construct Chlorine 1 1 LS Storage Buildin TOTAL AMOUNT OF BASE BID: 0^9- 'NO CENTS i / 1/ Accompanying this proposal of bid, fin f amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. - Date Received Bidder's.Si nature •6pp-® C-2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Water Well #13, Chlorine Storage Building. CC1284 July 6, 2009 Notice to All Bidders: Please note the following revision to the project, Specifications: The following shall be added to the Specifications: Part 4 Project Specification Division 2, Division 3, Division 5, Division 7, and Division 16 This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Number one, dated July 6, 2009. life ro�' Company Name 7- q- Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Debbie DeBow at (714) 536-5528. -1 of 1 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. of Work Name and Address of Subcontractor State Lkense Number �' ��Class Famew aool�& r � °//O &&-re S64, 3y/'5i�1 C - /3 5 /4L. By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange ROBERT C . FOSTER , being first duly sworn, deposes and says that he cis PRESIDENT of R C FOSTER CORPORATION 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. Signature`bfpj-dder ROBERT C. FOSTER PO BOX 77055, CORONA, CA 92877 Address of Bidder Subscribed and sworn to before me this 10 day of JULY 12009 ,)E NNE GONZ COMM. #16 411 NOTARY RUBLIC - LIFORNIA RIVERSIDE C UNTY NMy Comm Expires ec. 6, 2009 NOTARY PUBLIC C-4 NOTARY 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 Water Well No. 13 Chlorine Storage Building, CC-1284, (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: q" /0-0�1 C-5 Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes )(No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 7- l® `® 9 C-7 W04 y / Title " (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 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-8 BIDDER certifies that the following information is true and correct: 1111CC Bidder Name 70 O. 4a'X 1770,55 Business Address ri4 • 4�':2e77- 0101 City, State Zip (o?51) 7:35a 821 / Telephone Number s6e?69.3 State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by &4r office on o , 20 The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Printed or Typed Signature Subscribed and sworn to before me this 10 day O� _ , 20A NOTARY i��3t�. 1627411 � �o ° 'I NOTARY PUBLIC -CALIFORNIA � RIVERSIDE COUNTY My Comm. Expires Dec. 6, 2009 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. Gem' lc7��V 2. 3. Name and Address of Public Agency Name and Telephone No. of Project' Contract Amount Name and Address of Public Agency Type of W Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of W Name and Telephone No. of Project Manager: Contract Amount Type C-10 Date Completed Date Completed Date Completed July 2008 R C FOSTER CORPORATION COMPLETED PROJECT LIST SAN GABRIEL VALLEY COUNTY WATER COMPANY Mr. Frank LoGuidice, Vice President Engineering and Operations (626) 448-6183 Date Completed Summer 2008 Contract Amount $32,500,000.00 MODIFICATIONS AT THE SANDIIILL WATER TREATMENT PLANT This project involves the construction of a new water treatment plant. The work includes the installation, assembly and connection of the new water treatment equipment, construction of concrete structures, installation of site piping, interior piping, valves, meters, vaults, conduits, wiring, power systems, control systems, pipe supports, tanks, fencing and construction of block buildings. The treatment process consist of a rapid mix basin, conventional flocculation basins with enhanced coagultation, sedimentation basins with inclined plate settlers, sludge holding and dewatering ponds, chemical feed facilities, dual media gravity filtration, and washwater recovery facilities. Auxillary facilities include operations building, washwater supply tank, energy dissipation structure, transmission pipeline, and influent equalization reservoir. SAN GABRIEL VALLEY COUNTY WATER COMPANY Mr. Frank LoGuidice, Vice President Engineering and Operations (626) 448-6183 Date Completed May 2007 Contract Amount $6,200,000.00 CONSTRUCTION OF PLANT B-5 PERCHLORATE WATER TREATMENT FACILITY The project involved the construction of a new wellhead Treatment facility capable of treating 7800 GPM continuous flow. The project work consisted of demolition of the existing site improvements, demolition of an existing water booster pump station and demolition of an existing 300,000 gallon steel reservoir thereby making room for a completely new treatment plant. The new treatment process included Fixed Bed Carbon Filtration ( US Filter/Siemens), Fixed Bed Non-Regenerable Ion Exchange Filtration System (Calgon) and a Pressurized UV Treatment facility (Trojan Technologies). The construction of the Fixed -Bed Ion Exchange system consisted of a 120' x 40' x 24" Reinforced Concrete foundation. We off-loaded and set 16 each 10' diameter Calgon vessels and the interconnecting valve trees. Our work also included the fabrication and installation of complete steel cement lined and painted header pipe assembly and lateral piping connections. Additionally we fabricated and installed all pipe supports, a complete pre -filter system and structural steel maintenance access platform. The Ion Exchange valve system was operated pneumaticly through the Calton PLC and a series of pneumatic valves and a complete Air Compressor system. The UV Treatment process involved the installation of the Trojan Technologies UV system. This consisted of construction of sub-terrainion reinforced concrete pipe pit, construction of a structural foundations and a reinforced masonry building. The building housed the UV treatment equipment, the electrical meter main, electrical distribution equipment and electrical VFD's for the onsite wells, the control room and all PLC's and SCADA equipment. The building construction consisted of Structural foundation, reinforced masonry walls, structural steel roofing system, roofing, stucco and all architectural accessories. We also constructed a new Booster Pump Station. This facility included 6 each Vertical Turbine Booster Pumps, construction of the influent and effluent piping, valves meters and accessories, construction of a reinforced masonry building, construction of a complete HVAC system, construction of a sodium hypochlorite storage and injection system and the complete electrical system including VFD's and controls. In addition, the project incuded construction of 12", 16", 20" and 24" underground fabricated steel cement mortar lined and coated site piping, isolation valves, flow meters, precast vaults, process piping, and storage tanks. We also were responsible to construct a complete electrical system including Primary power facilities, Meter Main, switchgear, VFD's conduit, wire, transformers and a complete operational SCADA and PLC programming system. The finished site was enclosed in an iron fence with electronicly operated gates, concrete site paving and irrigation and landscaping. CALIFORNIA DOMESTIC WATER COMPANY Mr. Jim Byerrum, President (562) 947-3811 Date Completed June 2007 Contract Amount $5,700,000.00 Construction of the Plant 3 Reservoir and Booster Station. This project consisted of an underground 160' x 80' x 24' Reinforced Concrete Reservoir with a Booster Station built above it. The reservoir capacity is rated at 1,500,000 Gallons. The Booster Station will pump approximately 20,000 gallons per minute. Our work consisted of site demolition of existing structures and a small wooden warehouse structure. Hazardous materials specialists were employed to remove all Haz mat materials before demolition could take place. We then installed a temporary cantelivered shoring system consisting of drilled -in shoring beams and steel plates. The excavation consisted of approximately 20,000 CY of soil which was trucked away from the jobsite. We then constructed the Reinforced concrete reservoir. The backfill operation provided a controlled compacted backfill to the top of the reservoir. Upon completion of backfill, a reinforced masonry building was constructed housing the 5 each Vertical Turbine Booster pumps. The 30" steel influent pipeline to the reservoir tied on to the existing 42" transmission main. The influent pipeline also included a 36" modulating Valve, a 10" bypass valve and piping and a precast valve vault structure. The 30" effluent pipeline approximately 300 LF tied into the existing transmission pipeline. Other work includes electrical work for power, controls. metering and VFD's for the entire pumping station. BATTELLE Mr. Jeff Oxenham, Project Manager (614) 424-3657 Date Completed January 2005 Contract Amount S1,088,000.00 Construction of the Concrete Pad, Backwash Folding Sump and mechanical installation at NASA Jet Propulsion Laboritory =_ = The treatment plant included °above ground treatment process using liquid -phase granular activated carbon for VOC removal and a fluidized bed reactor technology for perchlorate removal. Our work included the construction of the reinforced concrete foundation, 18' x 24' x 10' reinforced concrete holding sump and a concrete containment curb approximately 15" high around the entire slab. We then were awarded the contract to install the owner furnished treatment equipment, tanks and piping along with the electrical conduit and wiring. All site restoration was included including concrete stairway, sidewalks and asphalt paving. VALLEY COUNTY WATER DISTRICT Mr. Mark Grajeda, General Manager (626) 338-7301 Tom Mortenson, Superintendent (626) 338-7301 Date Completed January 2005 Contract Amount S9,560,000.00 Construction of Arrow Lante Perchlorate Treatment Facility The project involved the construction of a new Wellhead Treatment Facility capable of treating 7800 GPM. Including the installation and assembly of new Dual Train Ion Exchange Regenerable Resin System (ISEP). The work also included construction of all concrete foundation and Concrete pads for the Treatment Facility, Installation, assembly and connection of new equipment, site piping, interior piping, valves, meters, vaults, conduit, wiring, power systems, control systems, pipe supports, storage tanks, and site. Also included was the construction of a Masonry Building, HVAC System, Booster Pumps, and Salt Brine Storage Tanks. Also included was complete construction of a Low Pressure UV Treatment System including buried Cast in place reinforced wet well, treatment tanks, booster pumps, Masonry Building, and Electric 1-ton Bridge Crane. In addition R C Foster constructed a 4-stage Air Stripping VOC removal treatment system with Carbon off Gas Treatment. Sitework included all curb and gutter, parking areas and asphalt paving. The site was completely fenced and landscaped. The project also included Electrical work for Power and Controls, for the entire Treatment Plant. We have subsequently constructed an additional phase at this site. Project Value $1,200,000.00. This work consisted of installation of the construction of the Calgon Carbon Fixed -Bed Activated Carbon system consisted of a 130' x 40' x 24" Reinforced Concrete foundation. We then off-loaded and set 10 each 10' diameter Calgon vessels and the interconnecting valve trees. Our work also included the fabrication and installation of a complete 24" steel cement lined and painted header pipe assembly and 8" lateral piping connections. Additionally we fabricated and installed all pipe supports, a complete 50,000 gallon bolted steel backwash tank, approximately 600 LF of 24" Steel influent and Effluent Pipelines, associated meters, valves and electrical system connections. SAN GABRIEL VALLEY COUNTY WATER COMPANY Mr. Frank LoGuidice, Vice President Engineering and Operations (626) 448-6183 Date Completed November 2003 Contract Amount $7,759,000.00 Construction of Plant B-6 Perchlorate Treatment Facility. The project involved the construction of a new Wellhead Treatment Facility capable of treating -__ 7800 GPM. Including- the -installation and assembly, of new Dual -Train Ion Exchange Regenerable Resin System (ISEP). The work also included construction of all concrete foundation and concrete pads for the Treatment Facility, installation, assembly and connection of new equipment, site piping, interior piping, valves, meters, vaults, conduit, wiring, power systems, control systems, pipe supports, storage tanks, and site. Also included was the construction of a Masonry Building, HVAC System, Booster Pumps, and Salt Brine Storage Tanks. Also Included 80001f of pvc Brine Pipelines. Also included was complete construction of a Low Pressure UV Treatment System including buried Cast in place reinforced wet well, treatment tanks, booster pumps, Masonry Building, and Electric 1 Ton Bridge Crane. In addition R C Foster constructed a 4-Stage Air Stripping VOC removal treatment system with Carbon off Gas Treatment. The site was completely fenced and landscaped. The project also included Electrical work for Power and Control, for the entire Treatment Plant. CITY OF MONTEREY PARK / SAN GABRIEL WATER QUALITY A><TI'H. Ms. Grace Burgess, Executive Director (626) 859-7777 Date Completed July 2003 Contract Amount $1,500,000.00, Construction of Owner Supplied Fixed Red Perchlorate Treatment Facility. The project involved the construction of a new Wellhead Treatment Facility capable of treating 5000 GPM. Including the installation and construction over excavation, recompaction of site soils, construction of a 150' x 30' reinforced concrete foundation installation of 5 ea Calgon Model 10 Systems 18" carbon steel pipe headers and all interconnecting piping, valves, meters, etc. Also included was installation of approximately 4000 if of 18" DI transmission pipeline. Pipeline work included excavation, pipe laying, backfilling and compaction, asphalt paving, striping and traffic detection loops. This project was successfuly completed within the very agressive 9-week time frame set forth by the owner. CALIFORNIA DOMESTIC WATER COMPANY Mr. Jim Byerrum, President (562) 947-3811 Date Completed July 2002 Contract Amount $680,000.00 Construction of Owner Supplied Fixed Bed Perchlorate Treatment Facility The project involved the construction of a new Wellhead Treatment Facility capable of treating 5000 GPM. Including the installation and construction over excavation, recompaction of site soils, construction of a 150' x 30' reinforced concrete foundation installation of 5 ea Calgon Model 10 Systems 18" carbon steel pipe headers and all interconnecting piping, valves, meters, etc. Also included was installation of 2 ea Vertical Turbine Booster Pumps. Both pumps equipped with variable speed drives. Project also included interconnecting piping valves and concrete vaults. The project also included all Electrical work for power and controls for the entire plant. KERR-McGEE CHEMICAL CORPORATION/ CALGON CAR 3ON CORP. Mr. Tom Bosak, Project Manager (412) 787-4540 Date Completed March 2002 Contract Amount $3,400,000.00 Construction of Equipment for a Perchlorate Treatment Facility The project involved the construction of a new Wellhead Treatment Facility. Construction included the. installation and assembly of new ISEP and, Dual Train Perchlorate Destruction - Module. The work also included construction of all earthworks, concrete foundations and concrete pads for the Treatment Facility, installation, assembly and connection of new equipment, site piping, interior piping, valves, meters, vaults, conduit, wiring, power systems, control systems, pipe supports, storage tanks, and site. Also included was the construction of an Existing Building upgrades, HVAC System, Fire Protection System, High Temperature and Pressure Piping, Piping Insulation, Booster Pumps, Storage Tanks. Also Included 2500 If of High Pressure Natural Gas and Compressed Air Pipelines. The project also included Electrical work for Power and Control, for the entire Treatment Plant. LA PUENTE VALLEY COUNTY WATER Mr. Michael Ber➢ien, General Manager (626) 330-2126 Mr. Steve Johnson, Stetson Engineers (626) 967-6202 Mr. J T Gardiner, Stetson Engineers (626) 967-6202 Date Completed January 2000 Contract Amount $1,300,000.00 Construction of Perchlorate Treatment Facility The project involved the construction of a new Wellhead Treatment Facility. Including the installation and assembly of new ISEP and UV Treatment Equipment. The work also included construction of a concrete foundation pad for the Treatment Facility, Installation, assembly and connection of new equipment, site piping, interior piping, valves, meters, vaults, conduit, wiring, power systems, control systems, pipe supports, storage tanks, and site fencing. Also included was the construction of a Pre -Engineered Metal Building, Vertical Turbine Pumps construction of 3000 if of PVC C-900 Brine Pipeline and upgrading of existing electrical power systems. City of Monrovia Mr. David Fike, Utilities Division Manager (626) 359-3231 Mr. Bassil Nahhas, Water Engineer (626) 932-5578 Mr. David Byrum, Civiltec Engineers (626) 357-0588 Ms. Sherry Shaw, Civiltec Engineers (626) 357-0588 Construction of the Well No. 6 Building This project consisted of the construction of complete wellhead facilities, including 400+ feet of 12" Ductile Iron Pipe, Connections to existing Main Lines, Valves, Meters etc. In addition the project included the construction of a Reinforced Concrete Masonry Building which included Drain system, Concrete Foundation, Masonry walls, Wood Framed Roof Removable Metal Roof (Over Wellhead), Skylights, Ventilation and a complete Electrical Motor Control Center. Moulton Niguel Water District Mr. Carlo Habash, Director of Engineering (949) 448-4033 Mr. Ray McDowell, Construction Manager (949) 425-3532 Mr. Robert Reid, The Keith Companies Consulting Engineers (949) 540-0800 Mr. Tony Ong, The Keith Companies Consulting Engineers (949) 641-4281 Construction of Aliso Vieio.Flow Control Facility This project consisted of the construction of a complete and operational Flow Control Facility Steel Pipe and Fittings, earthwork, reinforced concrete structures, flow metering, motor operated control valves, ventilation, electrical and instrumentation, removal and restoration of irrigation systems and landscaping, concrete and asphalt pavement. Suburban Water Systems Mr. Paul Carver, Vice President Engineering (626) 960-2090 Mr. Donald King, District Manger (562) 944-8219 Construction of Plant 409 Well #2 Wellhead Filtration Facilities This project consisted of construction of a complete Well Water Treatment Facility including Pumps, Piping, Filtration Vessels, Concrete Foundations, Building Work, Alum and Sodium Hypochlorite Injection and Monitoring Facilities, Chlorination Facilities, Electrical Work, Site work, Site Paving and Fencing. California Domestic Water Company Mr. Jim Byerrum, Director of Water Operations (562) 947-3811 Numerous Water InlDrovements Pipeline and PumpinLY Facility Construction One project consisted of Construction of the new Reservoir #6 Pump Station which included installation of 4-each Vertical Turbine 200 hp/ 100hp Booster Pumps, Suction Piping, Discharge Piping Pump Control Valves, and Flow Meters. Also included was construction of 1500 sf Masonry building including Structural Concrete slabs Ventilation, Roof Framing, Roofing, Painting, and Site Work etc. Santa Margarita Water District Mr. Bart Lantz, Construction Service Manager (949) 459 6505 Construction of the Monterey Villa Pump Station Project included construction of underground structural concrete pump station vault, 3-each. Vertical Turbine Booster Pump units extensive Piping, Control Valves, Metering, Electrical, Instrumentation, Telemetry System, Site Work, Structural Concrete Retaining Wall, Site Work and all appurtenant work. City of Arcadia Mr. Randy Carter Bud Holcome (626)303-5583 (626) 303-5583 Numerous Construction Contracts Numerous Construction Contracts including Construction of Live Oak Water Pumping Facilities, Peck Road Wellhead Completion, Steel Reservoir Modifications, -numerous concrete improvements and Pump Station Ventilation modifications. City of Fullerton Mr. Mir Fattahi, Water Engineer (714) 738-6886 Construction of Christlieb Well #15A and Wellhead Facilities Project included deep well pump, pump control, electrical, instrumentation, metering facilities, piping, valves, and soundproofing and site improvements. Also the Construction of Coyote Pumping Station which included Demolition on existing Booster pumps and a complete installation of 4 Vertical Turbine Booster Pumps, Piping, Control Valves Site work, Standby Generator, Electrical and Instrumentation. Three Valleys Municipal Water District Mr. David Byrum, Principal Engineer (626) 357-0588 Mr. Gerry Stube, Owners Representative (909) 621-5568 Construction of Chlorination Scrubber system for Water 'Treatment Facility Construction of complete Chlorination Scrubber system for Water Treatment Facility. Work included concrete foundations FRP duct work, modifications to existing facilities etc. City of Glendora Water Engineering (626) 914-8246 Construction of Azusa Greens Well #5E Project included variable frequency 200HP Deep Well Pump, Pump Control, Electrical, Metering Facilities, Piping, Valves, Connection to existing 18" water main, Site Work and Fencing. Los Angeles County, Department of Public Works Mr. Manuel Alarcon, Electro-Mechanical Supervisor Rehabilitation of Sewer Pumning Facilities Rehabilitation of Sewer Pumping Facilities at numerous sites. outdated piping and valves Wet well rehabilitation etc. Civiltec Engineering, Inc. (213) 233-2015 Work includes replacement of old Mr. David Byrum, Principal Engineer (626) 357-0588 Numerous Projects Numerous Projects including Well Building Construction (City of La Verne), Booster Pump Station Construction (Pepperdine University), and various other Water related projects. City of El Segundo Mr. Rene Bruno, Engineer (310) 322-4670 Mr. Bob Green, Water Superintendent (310) 607-2291 Mr. Gary Doris, Sewer Superintendent (310) 607-2291 Reconstruction of existing Sewer Pumping Plant #8 Reconstruction of existing Sewer Pumping Plant #_8, including. wet well rehabilitation, Pumps,_ -. Piping Electrical, Controls, Site work and a Continuous Sewage Bypass Pumping System. A second project consisting of a new 150HP Vertical turbine Booster Pump, Piping, Control Valves, Electrical and Appurtenances. Reconstruction of Sewer Pumping Plant including Continuous Sewer Bypass Pumping, Wet well rehabilitation new Vertical Dry Pit Sewer Pumps, Mechanical Piping and Valves, Electrical and Controls, Ventilation equipment and Waterproofing of existing Concrete Structure. Padre Dam Municipal Water District / EJ Meyers Mr. Jamie Philpot, Padre Dam Municipal Water District (619) 596-3145 Mr. Mike Corcoran, Vice President — EJ Meyers (909) 335-3188 Construction of Water Booster Station -----Construction of Water Booster Station consisting of 2-each Vertical Turbine Pumps, Piping and Valves, Concrete Foundations, Masonry Building, Complete Steel Reservoir Rehabilitation, Cathotic Protection, Site Work Site Piping and Fencing. Bond No_ S-959 THE AMERICAN INSTITUTE OF ARCHITECTS A!A Document A310 ,7- MI=VT� KNOW ALL MEN BY THESE PRESENTS, that we R C Foster Corporation P.O. Box 77055 Corona, CA 92877-0101 as Principal, hereinafter called the Principal, and Safeco Insurance Company of America 330 N. Brand Blvd., Suite 950 Glendale, CA 91203 a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10 0 of Bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: Water Well Chlorine Storage Building 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 9th day of July, 2009 (Witness) R C Foster Insurance (Witness) Daniel Huck bay, Attorney-in-Fa9 of America (Seal) (Seat) AIA DOCUMENT A310 • BID BOND. ALA ®• FEBRUARY 1970 ED -THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE„ N.W., WASHINGTON, D.C.20006 1 CALIFORNIA ALL-PURPOSE •. ACKNOWLEDGMENT �3' ri' " y. ai ay. `:Y a7>`b�" � �. `d' di`d' � ei' :�' r7 M � ' yyv .rJ"� �' t9 `::7 '. tY-.`✓'/"t7 STATE OF CALIFORNIA County of Orange On 7 / 9 / 09 before me, Arturo Ayala, Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Huckabay Name(s) of Signer(s) ARTURO AYALA COMM. #1636549U fit NOTARY PUBLIC-CALIFORNIAfj ORANGE COUNTY N MY COMM. EXP. JAN. 10, 2010 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand'a ,!!ffeciaWeal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Daniel Huckabay ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General 54 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: One Signer's Name: ❑ Individual ❑ Corporate Officer —Title (s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.Nationa]Notary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 Bond No. S-959 Ift I �-beI' POWER itt OF ATTORNEY KNOW ALL BY THESE PRESENTS: No, 13077 Safeco Insurance Company of America General Insurance Company of America 10014th Avenue Suite 1700 Seattle, WA 98154 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ******'*''t*****'ARTURO AYALA; DANIEL HUCKABAY; DONALD ROOF; Orange, California*�`***'***�* its true and lawful attomey(s)-In-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21 st day of March 1 2009 VIX* � Dexter R. Lestsa, Secretary Timothy A. Mfkolaiewski, Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Ariide V, Section 13. - FIDELtTY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile- On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Adide V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Cerfdying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 9th day of July , 2009 'UNME11 SEAT, X R. I,, Dexter R. Legg, Secretary S-09741DS 3109 WES PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Riverside On 10-July-2009 before me, Jeanne Gonzales, Notary Public Date Here nsert Name and Title of the Officer personally appeared Robert C. Foster Name(s) of Signer(s) JEANNE GONZALES W COMM. #1627411cc � cc NOTARY PUBLIC - CALIFORNIA � RIVERSIDE COUNTY My Comm. Expires Dec. 6, 2000 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Slats-oLQalifornia that the foregoing paragraph is true OPTIONAL official of Notary Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 9-July-2009 Number of Pages: One Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual 9 Corporate Officer — Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 City of Huntington Beach 2000 Main Street @ Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 2, 2009 Titanium Construction Group, Inc. 13467 Y Pumice St. Norwalk, CA 90650 RE: CC-1284 — Water Well #13, Chlorine Storage Building Enclosed please find your original bid bond for CC-1284. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister C iesi jo %apan t®r"ai?a e°re, New Zealand (Telephone:714-536-5227) TITANIUM CONSTRUCTION GROUP, IN 13467 Y2 PUMICE ST NORWALK, CA 90650 r 2009 JUL 13 PM 1: 56 WATVQ� e N'o L.'o V-v�j 6 :ZTO&AGne City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Water Well #13. Chlorine Storage Building. CC1284 Julv 6.2009 Notice to All Bidders: Please note the following revision to the project, Specifications: The following shall be added to the Specifications: Part 4 Project Specification Division 2, Division 3, Division 5, Division 7, and Division 16 This modification does not change the Engineer's Estimate for this project This is to acknowledge receipt and review of Addendum Number one, dated July 6, 2009. T4tAW1J1-A COr44TfWCXt'ON "dI4 ~.1.G1 Company Name By 07 z �O� Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Debbie DeBow at (714) 536-5528. -1 of 1 SECTION C PROPOSAL for the WATER WELL No. 13 CHLORINE STORAGE BUILDING CC No. 1284 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 forty-five (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. SCBEDULE OF PRICES — BASE BID Item No. Description Estimated Unit Extended Amount Quantity 1 Construct Chlorine 1 LS ��©' o0 Stora a Building TOTAL AMOUNT OF BASE BID: O'^'G H'r^',0400 Twer'I cflc t' r-aeco d'ef/t*v N-WO� a ": '1^11w DOLLARS AND p4 / !O4 CENTS ($ !1—y ` qo 00 ) 060 Accompanying this proposal of bid, find 107. in the amount of $ l'2'le 1 �9 ' w'hich 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 JJ/ b too�i [�;z C_2 In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 DVA "1111:11 Dj1'WWtM-3'4;j0 MW N MAW MOM! State of California ss. County of Orange RL AVL F40eLOS , being first duly sworn, deposes and says that he or she is P ?,oC0•Vf- of ''i rAN1�.-1 coovaraw"toev the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me this /3 NOTARY PUBLIC T(rANjuNB C*4*V1P, /NC,. Name of Bidder nature o Bidder 13f47 ' pam- vm i cdT- A4D4wAL4c c.. go6U-0 Address of Bidder day of J4 , 200. C-4 ARMOR CO t�! COMM. floom V. Q NOTARY PUBLr-CALIFORNIA LO$ ANGELES COUNTY My Comm. Exp. Aug. 29, 2009 NJ NOTARY SEAL ACKNOWLEDGMENT State of California County of Los Angeles On July 12, 2009 before me, Arlin Del Cid, Notary Public (insert name and title of the officer) personally appeared Raul Flores who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s %are subscribed to the within instrument and acknowd ed to me that�hefthey executed the same in /herttheir authorized capacity(ies), and that bleii fherftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �Ik(, WITNESS my hand and official seal. ARL►N DEL CON DOW r160334e i2 NOTARY PUB IC-CALIFORN A p B LOS ANGELES COUNTY N My Comm. Exp. Aug. 29, 2009 Signature d' `T (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 Water Well No. 13 Chlorine Storage Building, CC-1284, (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 S, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 07 /3 O C-5 Contractor Title i DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following 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? J ® Yes XNO c., If the answer is yes, explain the circumstances in the space pr ided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 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: C-7 T i r-,R►/y/yrl Coayvu "lw"-PorJ otwaP l /'VC. Contractor Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: T" I TAN/ VN4 CAW-9rAvf-n0-J Bidder Name /at(b 7 %z PUMI 44 (Sr Business Address 1w AwA1- < Got 4706 S-O City, State Zip (062-) 91G 337z1 Telephone Number State Contractor's License No. and Class ,<rp�,'t 41 zo o X Original Date Issued i4`oe'c 30 f ZO / 0 Expiration Date The work site was inspected by of our office on , 20_ The following are persons, firms, and corporations having a principal interest in this proposal: C-9 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. Ti:�4rJ# ap"1 �tN•9'MJu�tCn� C7(ikAJ� � iN(,,,, Company Name gnature 'of Bi der Printed or Typed Signature / Subscribed and sworn to before me this 43 day of �`' / , 2001. ARL N DEL CID COMM. #1603348 NOTARY PUBLIC-CALIFORNIA Q LOS ANGELES COUNTY � aI � My Comm. Ev. Aug. 29, =9 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Off Ol Sci,1� Fe, �.1'jal`�tct s 117/� f cl�cs��os Name and Address of Public Agency 2 3. Name` C3 and Telephone No. of Project Manager: G��'no�o av'4a/ j 00(9 oo 44 !ADn 4nWV4" v'7(/ Contract Amount Type of Work �/'40- 460J! iza C ' Date Completed '-®'r L Name Ad Address ofYublic Agency 1143 C--- Name and Telephone No. of Project Manager: CVL,&NN A. RA177 "_0 76,vo1,,� >� , t�s - CA,,1 S�fAr¢ ✓, 0 i 10.3 Contract Amount TYue of Work It Date Complete Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work C-10 Date Completed ACKNOWLEDGMENT State of California County of _ ILDS On J-Z' /V22, Lc-o' 1 before me, /yy►► (-1 r 1 b° J C' i 'd /t".5 `ems (insert name and title of the officer) personally appearedi�l�'�� 5' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Oare subscribed to the within instrument and acknowled ed to me thai6/she/they executed the same in �her/their authorized capacity(ies), and that tfi /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ARLIN OEL CIQ WITNESS my hand and official seal N COMM. #1603348 NOTARY PUBLIC-CALIFORNIA �p Q L08 ANGELES COUNTY My Comm. Exp. Aug. 29, 2W9 N Signature , , (62�--eY- (Seat) BID BOND KNOW ALL BY THESE PRESENTS, That we, Titanium Construction Group, Inc. of Norwalk, CA (hereinafter called the Principal), as Principal, and Indemnity Company of California (hereinafter called the Surety), as Surety are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) in the penal sum of Ten Percent of Amount Bid Dollars ($ 10% of amount bid for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for CC 1284 Well #13 Chlorine Storage Building NOW, THEREFORE, if the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithfil performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 10th day of Witness Witness July , 2009 Titanium Construction Group, Inc. (Seal) Principal Title Indemnity C mp y of California By Frank Morones, Attomey-in-Fact S-00531GEEF 10/99 POWER OFATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY CONIPANY INDEMNITY COMPANY OF CALIFORNIA 110 BOX 19725, IRVINE. CA 92623 (9.19) 26+-i100 KNOW ALL MIEN BY THESE PRESENTS, that except as expressly limited, DU'VI'LOPERS SURETY AND INDI-IMNI'rl' COMPANY and INDEMNITY COMPANY 01: CALIFORNIA. do each, hereby make, constilule and appoint: ***Phillip E. Vega, Frank Morones, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties. bonds, undertakings and contracts ot-suretyship giving and granting unto said Attornev(sl-in-Fact full power and authority to do and to perform every act necessary. requisite or proper ro be done in connection therewith as each of said corporations could do, but reserving ar each ofsaid corporations till power of'substitttiotn and revocation, and all of the acts of said Allorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVf-LOPLRS SURETY AND INDEMNITY COMPANY and INDEMNITY COM13ANY OF C:ALIFORNIA, effective as ot'November I, 2000: RBSOLVLD, that the Chairnian of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the atforney(s) named in the Powers ofAttorttev to execute, on behalf of the corponttinns, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RI SOLVL'D, FURTHF.R, that the signatures of such officers May be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power ofAttorncy or certificate bearing such facsimile signatures shall be valid and binding upon the coiporatian when so atiixcd and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNIiSS WHI?RfiOh, DFVIiLOPIs1ZS SURETY AND INDEMNITY COMPANY and INDFIANri-N, COMPANY OF CALIFORNIA have severally dosed these presents to be signed by their respective Executive Vice President and attested by their respcelive Secretary this 1st day of December, 2005. By:_ �PANy AND �� •., „ David 11. Rhodes, Executive Vice -President :'Q�,.. OF' CrOPO : OCT. E < 2 . 5 Z OCTuj By ?�j'; 1 9 3 6 ,=�,` try o g41Fp90 Walter A. Crowell, Secretary =�7�'•./OWP,,.•"aD; S'I'ATL: OF CALIFORNIA COUNTY OF ORANGE, On December 1. 2005 before me, Goa L. Garner, Noary Public (here insert name and title of the ollicerl, personally appeared ,David H. Rhodes and Wafter A. Crowell, personally known to me (or proved to me on the basis ofsatisfactory evidence) ur be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to ore thtrl he/shCAhCy Cxceuted the same in his"heritheir authorized capacity(ics), and that by his/her/their signalure(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument, WITNE.SS my hand and official seal. Signature GINA L. GARNER N p (SEAL) 3 COMM. # 1569561 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY My c )MM. expires May 13, 2009 C CERTIHIC:1-rE The undersigned, as Assistant Secretary, o£ DEVGLOPLRS SURETY AND INDEMNITY" COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power ot'Altorney remains in full force and has not been revokctf, and furthermore, that the provisions of the resolutions of the respcclive boards of Directors of said corporations set forth in the Power ofAttorney, are in force as o£lie date of this Cerlificale. This Certiticale is executed in the City of Irvine, C aliRtrnia, the 10th day of July 2009 13y — Albco Hillcbrand, Assistant Secretary ID-13',0 (Rev. 12/05) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT +,»..........8+:^v.:.xa. �!..Y +rs. ?.'C��c �:.wafyv:SKat, i>yA4:n'.'.�Nc�YciNaiGcivs]�=i. �9..,'hl:+%�3✓-"nv!+Cti3..'vv^iiL�m:nti �. a?.. c: ��. �. 'T'� x�G .WZCcjycS State of California County of ORANGE 4n 7 / 10 / 2 0 0 9 before me, Philip Vega, Notary -public Date Here Insert Name entl Tilw of lhb Ofticer personally appeared Frank Morones Namo(s) of Slgnor(g) PHILIP VEGA Commission # 1799866 -m Notary Public - California = Los Angeles County My Comm. Expires May 31, 2012 PlaceNotary Seal Above who proved to me on the basis of satisfactory evidence to be the personeg) whose names) is/A(re subscribed to the within i h fi�� instrument and acknowledge to me that Yy executed the same in hi 141�eir authorized capaclty(� ), and that by hidlWe//#heir signat:A(s) on the instrument the person(g), or the entity upon behalf of which the person(g) acted, executed the instrument - I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESSmy hand and gWal seal. Signature Ill" 10 [Ur9 Ot OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ individual ❑ Corporate Officer — Title(s): _ ❑ Partner — U Limited ❑ General ❑ Attorney in Fact r, Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RlQHTTHuMBPRINT a SIGNER; Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner --- ❑ Limited ❑ General ❑ Attorney in Fact M Trustee E) Guardian or Conservator ❑ Other: Signer Is Representing: a1gl7(TTHUh1BPFtINT. OFSlGN�R`Y . 02007NetlonalNotary AsaWadat•9350DoSalo Avo„AO, Box 2402•Chetaworlh,CA91313-2a02•www,NatlonslNotaryorg Itemh5907 noorder.Call'foo-r-rae1-so0•a7f3 a27 City of Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 2, 2009 United Engineering & Construction, Inc. 336 N. Central Ave. #10A Glendale, CA 91203 RE: CC-1284 — Water Well #13, Chlorine Storage Building Enclosed please find your original bid bond for CC-1284. Sincerely, tJn Flynn, C M C City Clerk J F: pe Enclosure Sister Chie's�O "r�jo S�'apan ter' 'abTa �°r9, New Zealand Telephone: 714-536-5227 ) SECTION C PROPOSAL, for the WA,TI=.ib. W'1:I.1, No. 13 'III.ORIN S.l_.:1R, C,E 11ITILDI C CC No. 1284 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 forty-five (,1) 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 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: (�llslt.�li �tJGIt3�i�f2.tN� � GONS`i-rt�,tGT10�1� iNG . Bidder Name 33G N • CW-1 ZAG AUL . /o A Business Address (:3Lr-IJpALF- CA 91203 City, State Zip ( 319) (0l02 - 20SS Telephone Number RO 3-1 37 A i 13 State Contractor's License No. and Class og j 20 1C)7 Original Date Issued Expiration Date The work site was inspected by of our office on , 20 I The following are persons, firms, and corporations having a principal interest in this proposal: P.V:2r ffqz-t) - P M S 1 IOe:mr -IWA W\ASS1IF- - S -`/ GO(weu.- r=ILLt��WL - GAD C-9 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. SCHEDULE OF PRICES — BASE BID Item No. Description Estimated Unit Extended Amount Quantity 1 Construct Chlorine 1 LS Storage Buildin TOTAL AMOUNT OF BASE BID: 0o e //0kdk-e� V- ax4 -/ / S�T4 t�i'v� DOLLARS AND �® CENTS Accompanying this proposal of bid, find 91b 5bOV— in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-z 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 qf Work Name and Address of Subcontractor State License Number Class 02 ► /� PO rn o-n A Gil '7o t -- 4 0 3 13 U i- P,� i e_ l en ce_ c0 3�F I - 51 ��3 oZ per E�- 1.ee 4-"'(- By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 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 %X 1,a.:v r NVell No, 13 Chlorine Storagv Bkdldint CC-1 , (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: -S0 01 C-5 cto 1'Ct:t7 16�1i��E -��6 $' GOI�S71 Cllo A7, 6WC . Contractor By Pleo-s1Df-WI, 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 ZNo 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-6 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: I 11siol C-7 (AP IT@:n 0-n161C-N5TR1.(C-tt00 , 114C . Contractor By F V-ES 1VE),1T Title 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. UN I ttn pltS194I t3siev 1 N� Gb�tS'iTGA G?-I etJ . mc, Company Name Signature of Bidder P-L2A-- PAP-0 Printed or Typed Signature Subscribed and sworn to before me this /.Sf�y day of 200J. L �� LO M.SAROYAN Commission # 1608409 z z - ». LO Notary Public - California y Los Angeles County My Comm. Expires Sep 22, 2009 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: I. C ►y 6f A -NA Nsoi , 111 S - r- (Ls-i sr- , At.t*m w . c4+ R (go l Name and Address of Public Agency Name and Telephone No. of Project Manager: AFL I GA'Y((C 714 - 8R3 - W117 t439, 0trD LAY-r-- 1m?rc0JEnn0,S75 J1Ia 20aJ Contract Amount Type of Work Date Completed 2. cd ty eV Lds k&,t;- Lr--S D tit' OT VU5LJ G w i.�S , Name and Address of Public Agency Name and Telephone No. of Project Manager: 'f -b tJy i'A�TPe-LI j G2te - (e qS - f (OM 1 41 S W rLktLl-t-LcfVn ram - �7 Contract Amount Type of Work Date Completed 3. Vf-PT 0` 17ISTn-tCT Name and Address of Public Agency Name and Telephone No. of Project Manager: KAU51 Pr U f * goS 10 - S2 (s � 2 Dam 753 $hyY► PMlAQ I6Vlmu© - 2UC-G, f Contract Amount Type of Work ,, Date Completed C-10 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Water Well #13, Chlorine Storage Building. CC1284 July 6, 2009 Notice to All Bidders: Please note the following revision to the project, Specifications: The following shall be added to the Specifications: Part 4 Project Specification Division 2, Division 3, Division 5, Division 7, and Division 16 This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Number one, dated July 6, 2009. -UW 1 T-M E"(NeEVZ4�4 Company Name 'moDate �/—-log— t-S-2-A- "FfLa By All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Debbie DeBow at (714) 536-5528. -1 of 1 AM stow of 6ubeedbad ai \ 7 day o1, ftyed to me NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange ?2E2A- FACLI0 being first duly sworn, deposes and says that he or she is P/ESI VE7137— of UAJ)lw EW �6 . 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 publ is body avNarding the contract ofanyone 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 tee to any corporation. partnership. company association, organization, bid depository. or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me this NOTARY PUBLIC me doNo UNrmig F-Orwiso6k loc. Name of Bidder Signature of Bid er 33 C, N . e-rN'i MA L -AVt . -W /'0 A 6 LL N04Lr-_ , Cf} 91203 Address of Bidder C-10 day of , 2009. NOTARY SEAL SORINA ZIAFATHY V E COMM, # 1779776 a *• NOTARY PUBLIC • CALIFORNIA LOS ANGELES COUNTY Ci COMM. EXPIRES DEC. 9, 20fA& S, INC ... tit u®Ic ►a - i.AfuW"Ornpany pia. -171t kh. 60,.Who, E:al rnla Ltd • {94 ) 2 "3m0 Lj .. RONID NCB. N/A Tf M PROENTS, That We. United Engineering & Construction, Inc. Developers Surety and Indemnity Company a station A0tu3 ed to "0 a O"sp + bu kmss. In the State of, Iowa as SUMV. are held and firmly bound UAW City of Huntington Beach (here%fter c ded the Obligee) in - ie end * ,t ,kif Ten Percent of Amount Bid D+r ars, 10% of Bid t;fbrt -M6 v 60 �i ifs � - ttriit 'St s; We f !€ftiOV�, Our heirs, administrators, exec, sues and assigns, jointly -and severally, firmly by`#wse-presents. it R a P"OP�L has $*r t #the Av€pagyf hg, bid for "Water Well No. 13 Chlorine Storage Building" l THP 1= 1R , If the Sh011 a pt the did €�f the° PCtnt ipal anc! the., � 1 I *to, enter into a #r i�rttii a eecord nice *i the � of t ,bid, or in ei of o ate P r cri Crit, If tt -dl s> ►it y the t �+ rat to ecsi peltjt :r +r the writ eoeciftd in - i end .sue largeratiidueit f€it WMdh the may to good faith Ombact with aver party to perform the Work coveredby said bid, t ien this obligation shatt be null and void, otherwise to amain in U farce and Sid and ttd this 10th of July 2009 ViSAA United Engineering & Construction, Inc. Ki-i lie (Erld j (ftl1/- 1101) Developers Surety and Indemnity Company s Icy. Chris Lydick xkaiyin-iR POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: *** Bart Stewart, Chris Lydick, jointly or severally *** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorneys) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. Stephen T. Pate, Senior Vice President r; h ; oRp0,Zq .w. OCT,10 ;< By 4936 ?ry Ca Charles L. Day, Assistant Secretary }s b 7 , State of California P ... . County of Orange On August 13th2008 before me, Jenny TT Nguyen, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized �.T capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of JENW NGuYEN COMM # 179164�? which the person(s) acted, executed the instrument NOTARY PUBLIC C4JF 'MA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE CflLO" true and correct. My comm. expires Fe#z.19. WITNESS my hand and official seal. Place Notary Seal Above Signature - IcVvi"Ar L- 0 7. CERTIFICATE 1 JeTT Ngn The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the/a(dy of By: Albert Hillebrand, Assistant Secretary ID-1380(Wet)(Rev.07107) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ���-���SS�^.���'�.c�l�-:a. c=:.�t`.�,=r�t`E'-�,�reatc�r��.5�•CS��`Sc,�'=�'��"�4:=�F_4`r��:�"�=Y'�5.��'�tir'^�=4��5 State of California County of San Diego I On + �Oy)'f before me, Stephanie Bondurant, Notary Public Dale Here ?ISer? Name ana T::ie o? t9e Oe,cer v Chris Lydick personally appeared----_---_--`_--_- STEPHANIE BONDURANT Commission # 1653838 LNotoy Public - Cotlfomla San Diego County My Comm. Expires Mar 24. 2010 who proved to me on the basis of satisfactory evidence to be the persona=' whose narne;s) ism subscribed to the within instrument and acknowledged to me that ham?* y executed the same in authorized eapacity� and that by his,44 signatures on the instrument the person;E}, or the entity upon behalf of which the persor>ts'1 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my handpind official seal. Signature _ Pfs=>_ No?a•y Sea. AGnvF $p3na(u'E of lVJ '� ��. cCl:c OPTIONAL rhough the information below is not required by law, it may prove valuable to persons relying on the docurnem and could prevant frauduterit removal ana reatiechment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: Chris Lydick _ Individual_ -- Corporate Officer — Title(s)- Partner — = Limited General X Attorney it Fact Trustee T� r i Guardian or Conservator Other. i Signer Is Representing LSC Construction _-- ___--- Number of Pages: __ Signer's Name: Individual - - — --- Corporate Officer—TiVe(s), Partner — Limited General _ Attorney in Fact Trustee Guardian or Conservator Other Signer Is Represenunc, FiiGHTTHUNIBIRA1NT OF SSA:. _ "; t,2xl'N31,e-a"!rite., 6�.lafiu:• P5G_=Sci, A,e �C go,2n._ �'a�r.:a•h.� j1: r?-[.OL• ^A,�.•^: i:cna Fi��.^.,r, ar-e;9.--==x;,r �al•'�<.r•=e'@; ,�3'=o2t City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK October 2, 2009 W. L. Butler 3 Mason Irvine, CA 92618 RE: CC-1284 — Water Well #13, Chlorine Storage Building Enclosed please find your original bid bond for CC-1284. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure ltouov�u�jo S�'apan ter' gab?ae°re, New Zealand Sister Gies: (Telephone: 714-536-5227 ) Ak ® ® W. 1 ® BUTLER 3 MASON ME M Construction, Inc. IRVINE, CA 92618 rr �. 7 r 7 2009 JUL 13 P11 1: 40 S is SECTION C PROPOSAL for the WATER WELL No. 13 CHLORINE STORAGE BIIILDING CC No. 1284 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: 1n compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the worl: therein described. and to furnish all labor, material, equipment and incident insurance necessary therefor. in accordance with the plans and specifications on lile in the office of the City Engineer of the City of HIntin-ton Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the Cit% 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 forty-five (45) working days. starting from the date ofthe 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. SCHEDULE OF PRICES - BASE BID Item No. Description Estimated Unit Extended Amount Quantity 1 Construct Chlorine 1 LS �.i l y-) '(..11.J Storage Building 1 IQ6,!j . TOTAL AMOUNT OF BASE BID: —1"%OLLARS AND 0VVn CENTS Accompanying this proposal of bid. find -kRKSOD in the amount of $ 00 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", "Certilied 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 i-r7atare C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class I ME u� �r iw i ea:� LA2 -aim 3� a t� iii CCU N �1 N-2 rRai C 12 OE - r1t�1;. 21 w" io� +' �00. t{0���- `� Ltd • �1(��{i� 341bl4.-- 13 5 to C_ Nr � Irk; �MOR3 3 . M01 11014o3 `li I Mara5 a ( V C3.1,�,�i0 � ram.. �, �06bl1) 93 r-rru Ica .12al eon a-b. cal ► ►��a r V66 S IG011 S1 r EMT HB _ a. 4 M Clb By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 N®NCOLLUSI®N AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID State of California ss. County of Orange , being first duly sworn, deposes and says that he or she is C — NT—iof up, (20�4 UOI OA 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 hid 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. or<anization. bid depository. or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder tl Signature of Bi O ��, C13, � 261� Address of Bidder Subscribed and sworn to before me this 1V day of _ , 2001.. KRI$TIN FREY Commission # 1810148 Notary Public - California Orange County My CommExpires Au 1g 2012 NOTARY PUBLIC '1 d �� NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Water Well No. 13 Chlorine Storage Building, CC-1284, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be peformed and the haaardy 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 anv subcontractor or subcontractors that may be retained or employ ed 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-5 Contractor By 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. C-6 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: l �-5�0� C-7 Contractor By 'Fide 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 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-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: \� - � I UON�VIUC1 W9 I I N0 Bidder Name c Business Address iMIW�--_ C- 2(Dy� City, State Zip Telephone Number 355353 B State Contractor's License No. and Class �I9-,�iIMB Original Date Issued 3�k12ol0 Expiration Date The wort: site was inspected by ei"� �13����i of our office on The following are persons, firms. and corporations having a principal interest in this proposal: G9 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. Printed or Typed Signature Subscribed and sworn to before me this&day of , 2009 . r-0,0-KRISTIN PREY # 1810148 NoWy Poblk - COMOM18 cane" Cory My Cam. NOTARY PUBLI ( Wes Ave 19 201 tt NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar Nvoi-k within the past two years: G• MAMN N�-. Name and Address of Public Agency ilINWa Name and Telephone No. of Project Manager: Contract Amount Type of Worl: Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency z' Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE W. L. Butler Construction Inc. 3 Mason Irvine CA 92618 as Principal, hereinafter called the Principal, and Safeco Insurance Company of America 1350 Carlback Avenue Suite 200 Walnut Creek CA 94596 a corporation duly organized under the laws of the State of nul as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Water Wells No. 13 - Chlorine Storage Building CC No. 1284 NOW, THEREFORE, 9 the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 9th day of July , 2009 W. L. Butler Q4h4ruction, Inc. (Seal) (Witness) (Title) Com (Title) AIA DOCUMENT A310 ® BID BOND ® AIA ® FEBRUARY 1970 ED. ® THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 7 = > POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 11119 Safeco Insurance Company of America General Insurance Company of America 1001 4th Avenue Suite 1700 Seattle, WA 98154 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ********JENNIFER E. DIRKING; DAVID G. HARRIS; KIM ROMAN; STEPHANIE WORDEN; Walnut Creek, CA********* its true and lawful attorneys}in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21 st March 2009 day of Dexter R. Legg; Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint Individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company'in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking-" Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and '(ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, Dexter R. Legg Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of ' Dexter R. R. Legg, Secretary S-0974/DS 3/09 WF8 PDF ACKNOWLEDGMENT State of California County of Contra Costa on July 9, 2009 before me, Jennifer E. Dirking, Notary Public (insert name and title of the officer) personally appeared David G. Harris who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JENNIFER E. DIRKING a Commission # 1721618Notary Public - California Contra Costa County I � Comm. Exores Feb 4, 2011 Signature-- a a iJb (Seal)