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Faris Construction Company - 2014-05-05
RECEIVED BY: (Name)� I (Date) l 0 17- ,1D TO: City Treasurer FROM: City Clerk DATE: " SUBJECT: Bond Acceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating (Company Name) o�-�Zo45-6 00 o Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved (Council Approval Date) CC No. Agenda Item No. MSC No. v City Clerk Vault No. Other No. SIRE System ID No. g1forms/bond transmittal to treasurer City Of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: John S. Griffin DATE: 09/24/2014 SUBJECT: Retention Release Payment Company Name: Faris Construction Address: 2180 El Camino Real City, State and Zip Code: Oceanside CA 92054 Phone Number:, (760) 433-4500 Business License Number:A289429 Local Address: Notice of Completion Date:08/12/2014 Contract Purpose: Merededith Pump Station Improvements CC 1463 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this time. Azy V to Travis k. FWkins, Public Works Director I certify that there are no outstanding invoices on file. Date Deputy City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. 30-4- kWz� �"7____ Date Joan Flynn, City CI Retention_Release_Payment.doc 9/24/2014 11:08:00 AM Certificstimt of Compliance with Prevailing Wage Laws To! City of Huhtffigtou Beach Department of Public Works 2000 Main Street/P.O, Box 190 HuntftTwri Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: 1463 Project: Meredith Pump Station Improvements The undersigned contractor on t$e above -referenced project {"Project") hereby certifies that all laborers,: mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work wader the contract fQr the Project t ave'been paid pursuant to the iniuimum wage and bona fide %e benefit -requirements specifiied .for each particular classification of work, as set forth in the wage -rate determinations of the Mate of California, Aepartment 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 12th day of August 2014, _at Oceanside , California, Faris Construction Company (Type Contractor Name) By. Name: [Type Namej Richard Faris, President Title: [Type Tilde] Zx17"I emM - s, i; CITY A'i i' MEY -TLC' O-S. ft - 01P 747542.1 CONTPUCTOR'S CERTIFICATE Richard Faris state and cer*, that-, (Name of Dedarant) Faris Construction Company — -is the general contractor to the City of Huntington Beach C'Qty'} ou Contract No- 1463 — (the Tuatrace'), for the constracdon of flie gublic, Arork ofimprov,=ent onfitled: Meredith Pump Station Improvements Ohe "Pipiect"), 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 listod-below and the disputed claims- listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, Ii ludi" an nc nC; claims against the Coraftactor arising from the performwice of the Contact, have been paid a -Lid satisfied (list unpaid aebts aud.,ctaims; if uone, write "NONY), None 4. Attadtad horeto are the lien waivers required -by the Contract Doemm-Ats, which Hm waivers have been extouted by all 1 pwsons who pzrfbr=d work oil, or supplied lqbor, seMoes., materials, and/or equipment for use at the Project 5. Set forth below is a list of disputed claims or claims that ate the subject of a Notice to Widlold filed pursuant to the Civil Code of the State of California (List all disputed claims; if none, write "N'ONEY'): None I declare under penalty of petury under tha laws of the State, of Cafforma that the foregoing is tree and O=eat Execntecl_at Ocenaside, CA on this 12th day of August 2.0 14. (Signataro of Declarant) ]BY- i�_, f li'a Name: [Type Name] Title: [Type Title/ 24WJ43 UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT CALIFORNIA CIVIL CODE SECTION 8138 NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT' NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STAPES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER. AND RELEASE FORM. Identifying Information: Nanle of Claimant: B&F SUPPLY, INC. Name of Customer: FARIS CONSTRUCTION COMPANY Job Location. MEREDftli PUMP STATION, 20192 MIDLAND LANE, HUNTINGTON BEACH, CA 92626 Owner: CITY OF HUNTINGTON BEACH Unconditional Waiver and Release: '!'his document waives and releases lien, stop payment notice, and payment bond rights the Claimant has for labor and service provided, and equipment and material delivered, to the Customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the Claimant, are waived and released by this document, unless listed as an Exception below. The Claimant has been paid in Full. Exceptions: This document does not attect the following: S;Eg—Ature: Disputed claims fur extrt14 in the amount of: $ 0 Claimant's Signature: Claimant's "Title: BRAn Date of Signature: K. PROJECT MANAGER UN'CONDITIGNA,L WA IV77 R AND RELEASE ON FINAL PAYMENT I OTICL: TO CLAIFAjC.. lT: d HIPS' DOC- . MENT WAIVES AND RELEASES LIEN. STOP PAYMENT NOTICE, AV-41? I'"AYfIlETNI i DCI•,iiD RiGH S UNCONDITIONALLY AND STATES THAT YC P HAVE DE -EN i"Alra : 017 0VING UP THOSE RIGHTS. THIS I.;OCL!-WENT IS E1111. F-0I CE.A. 'L_C' mSAIWS JUI tr YOU SIGN IT, EE-VEN iP YOU HAVE NOT BEEN PAID. IF YOU ;-::VE NNCT ErE�' PAM, USE ACGND'kTiO� !,".M'dVAIVER Identifying Information Name of Claimant: Creo Electric, inc. — — -- - — - -- --- —--- --- --- ----------- ----- -- - __-. - - - - — -- Narne of Customer: Faris Construction Compnay _-.. Lam. ...u.�_-: .. t'Jf`v!':.�i 1.,. , ..., .� ♦![it:�V�. c. `....r.,_ "F... _ Owner: City of Huntington, Beach Unconditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service- provided, and equipment and material delivered, to the customer on this job. (Rights based ripon iabor or service ;provided, or equr.pment or material d-livered, pursuant to a written change order that has been fully execz:ted by the parties prior to the date that this docunent is signed by the claimant, are waived and releasel by thi:> document, unless listed as an Exception helow. Tha claimant has been pai,.1 i! full. Exceptions This document doe:, no"t affect any of the following: Disputed claims for extras in the amaunt of: $ 0 gp atu:e Ch-•imant's Signature;:., ,� ����� CiaaimanYs Title: Ad .- Date of Signature: 7/1 /12 UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM. Identifying Information — Name of Claimant: Fiat & Vertical, Inc. Name of Customer: Faris Construction Company _ Job Location: 20192 Midland Lane Huntington Beach. CA Owner: Meredith Pump Station Improvements Unconditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has been paid in full. Exceptions This document does not affect any of the following: Disputed claims for extras in the amount of: $ 0.00 r Signature------- ---------------------- Claimants Signature: f �` _ _ --- — ----- - - --- ----- Claimant's Title: kathy glaze A, Date of Signature: 09/02/2014 7/ 1 /'12 UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT CALIFORNIA CIVIL CODE SECTION 3262(d)(2) The Undersign has been paid in full in the amount of$1,750.00 for all labor, services, equipment or material furnished to: GM Rooting Company o» the job of Meredith Pump Station, located at: 20192 Midland Lane, Huntington Beach CA 92646 and does hereby waive and release any right to a mechanics' Lien, Stop notice or any right against a labor and material bond on the job. Dated: 7-29-14 Faris Construction Company NOTICE: NOTE: V11- Claimant's Signature Vess Pearson. Vice President Claimant's Name/Title THIS DOCUMENTWAIVES RIGHTS UNCONDCEIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE.RIGHTS. EVEN IF YOU HAVE NOT BEEN PAID THIS DOCUMENT IS ENFORCEABLE ALAI-NIST YOU IF YOU SIGN IT. IF YOU HAVE: NOT PAID. USE A CONDITIONAL. RELEASE FORM. This form of release complies with the requirements of Civil Code Section 3262 (d)(4) UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP "THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NoT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM. Identifying Information Name of Claimant: Kinetics Noise Cont!�- Name of Customer: Faris Constructicn Compnay Location: tvierdilim 1'umn Stctinn ImprovernentS Owner: City of Huntington Beach Uncondi'Mr,al Waiver and Release This document waives and ra!eases lien, stop payment notice, and payment bond rights the claimant has for all labor end service provided, and equipment and material delivered, to the customer on this job. Righis based upon labor or service provided, or equipment or material de'ivered, pursuant to a written change. crder that has heer ful'y executed by the par'ips prior to the date that this dcc.:ment is signed by the claimar.', aire %,va : ad and re'eased by this document, unless listed as an Exception hPlrw. The claimant has been paid ir, fu!I. Exceptions This document does not affect any of the fcl!owing: D:sp!iied claims for xtrau in the =ii, n' of: $ 0.00 Signature Claimant's Signature: Claimant's Title: Date Of Signature: SEPTEMBER 11 2014 7/1/12 09/02/2014 09:44 FAX 19513593820 MILLERS FAB S WELD IM002/002 UNCONDITIONAL, WAIVER AND RELEASE ON FINAL PAYMENT NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND R1014TS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT SEEN PAID, USE A CONDITIONAL. WAIVER AND RELEASE FORM. Identifying Information Name of Claimant: Miller's Fab & Weld Name of Customer: Faris Construction Compnay Job Location: Meredith Pump Station Improvements Owner: City of Huntington Beech Unconditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has foot all labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has been paid in full. Exceptions This document does not affect any of the following: Disputed claims for extras in the amount of $ 0.00 Claimant's Signature: Claimant's Title: Date of Signature: � 711/12 UNICClND1710NAa._ !fMVEP AI D RF.ELEASE ON FINAL PAYMENT N0TiCE TO CLAMPIANT: THIS DC'U.-l�EN WAWE5 AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAY?MEINT BOND RItGHI f S UNCt,,``NDITIONAL.L..Y AND STATE-9 THAT YOU FAVE SE-E' PAID FOR GMNG JP THOSE RIGHTS. THIS DO: UMENT IS ENFORCEABLE AG.AINIST YOU IF YOU SIB: N IT, EVEN IF YOU !-@AVIE-i NOT BEEN PAID. IF YOU HAVE: NOT Ll:�E,14 PAM, USE A CONDITIONAL WAIVER AND RELEASE FORM. Identifying !nformation Name of Claimant: 'The Patterson Company Name of CusiJmer: Faris Const, uc_lon Compna�r .. ��. ._.. �.a u.:, i, ic:c. d:nui.r :.•ilia., Jtt„.ivn ii�si-IL'`J C,1:Ci3!J Owner: City of Huntington Beach Unconditional blfaiver :end Re!ease This document waives and releases lien, stop paymrmt notice, and payment bond rights the claimant has for a'l labor and service provided, and equipment and material delivered, to the customer on this joi;. Rights based upon: labor or service provided, or equipment or n-rateriai delM--red, pursuant to a written change order that have been fully executed by the parties pr or to the date that t'ris doc.:rment is Signed by the claimant, are waived �,nd rc-leasec< by this document, unless listed as an Exception ba'ow. The claimant has been paid in full. Exceptions This document does not affect any of the following: 0is^!rted cij:ims for e. iaas in the arour;t Of: $ 0.00 S Claimant's Signature: Claimant's Title: gate of 5'1lnature: n, 7/ 1112 credit:09/03/2014 process:09/03/2014 lockbox: 9 15195 batch:47 item:10 UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY ARID STATES THAT YOU HAVE BEEN PAID'FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM. Identifying Information Name of Claimant: PCI Industries, Inc. Name of Customer., Faris Construction Compnay Job Location: Meredith Pump Station Improvements Owner: City of Huntington Beach Unconditional Waiver.and Release This document waives and releases lien, stop payment notice, t;nd payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided; or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exceptlon below. The claimant has been paid In full. Exceptions This document does not affect any of the following: Disputed claims for extras in the amount of: $ p,pp Claimant's Signature: Claimant's Title: Date of Signature: I ••i %tQcvc� _ ' 7/1/12 Paoe 24 of 94 Certifieation of Compliance with Title VU of the Civil Rights Act and Equal Emp>loymemt 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: 1463 Project: Meredith Pump Station Improvements The undbrsigned contractor on the above-teferenad project C`Projecn hereby certifies that it has complied with Title VU 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 maintsined 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 Statc of California that the foregoing is true and correct. Executed this 12th day -of August , 2014� at Oceanside , .California. Mypi By: Nam Title Richard Faris, President mum CONSENT OF SURETY OWNER TO REDUCTION IN OR ARCHITECT ❑ PARTIAL RELEASE OF RETAINAGE CONTRACTOR ❑ OTHER ❑ PROJECT: Meredith Pump Station Improvements Project (name, address) CC #1463 TO (OWNER) City of Huntington Beach Architect's Project No. 2000 Main Street Huntington Beach, CA 92648 Contract For: Meredith Pump Station Contract Date: 05/08/2014 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the The Ohio Casualty Insurance Company, SURETY COMPANY, on bond of 024056001 for Faris Construction Company CONTRACTOR, hereby approves the reduction in or partial release of retainage to the Contractor as follows: Release of Retention Funds The Surety agrees that such reduction in or partial release of retainage to the Contractor shall not relieve the Surety of any of its obligations to the City of Huntington Beach, Owner, as set forth in the said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this 13th day of August, 2014. The Ohio Casualty Insurance Company Surety/9ff Signature of Authorized Representative Bart Stewart, Attorney -in -Fact Title Attest: (Seat): F CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Diego On �� `I` before me, Brittany Aceves, Notary Public , (Ilere insert name and title ofthe officer) personally appeared Bart Stewart who proved to me on the basis of satisfactory evidence to be the personfs4 whose namcts4 is/aFe subscribed to the within instrument and acknowledged to me that he/-,4e4he1 , executed the same in his,44er4k4r authorized capacity(4ce), and that by his/4,-FAhie-if signature(& 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. BRITTANY ACEVES m .a Commission No. 2044%'9 0 Z NOTARY PUBLIC - CALIFORNIA m SAN DIEGO COUNTY Commission Expires OCMK 7, 2at 7 Sea]) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description ofattached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800-873-9865 Nvxvw.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknom•lee6 ntent c•onipleted in Carljorrria must contain verbiage exactly as oppears abore in the notary section or a separate acknou ledgnrew favor rust be properly completed and attached to that document. The only exception is if a docunrew is to be recorded outside of Cahfbi-nia. hi such instances. any ahernatire acknou lec{gment rerbiage as nu{v be printed on such a document so long as the verbiage does mot require the notnry to do somelbing Mot is illegal for it umin• or California (i.e. cert!(ting the anthor•ieed capacitt• of the .signer). Please check tie docmrllenr carefully for proper notarial a ordirrg and attach This form i(required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing of incorrect forms (i.e. he/she/they- is le&e ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). •' Securely attach this document to the signed document RECEIVED BY: (Name) (Date) TO: City Treasurer CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION FROM: City Cler DATE:9/=-z 0/ (/"— SUBJECT: Bond Acceptance have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. p MSC No. Other No. g:/forms/bond transmittal to treasurer (Company Name) Approved 7 (Council Approval Date) Agenda Iterrr No. City Clerk Vault No. SIRE System ID No. Bond No. 024056001 MAINTENANCE BONCD KNOW ALL MEN BY THESE PRESENTS: That: Faris Construction Com an P Y ,jcontradors narrmj 2180 El Camino Real Oceanside CA 92054 (contractors sheet address, city and stale and zip code] as Principal (hereinafter called Contractor?, and: The Ohio Casualty Insurance Company daurr ve namej 790 The City Drive South Ste. 200; Orange, CA 92868 isuretfs sbvd address, city and state and rip coder a corporation organized and existing under the laws of the State of New Hampshire wftn its principal offios in the City of Keene, NH as Surety (hereinafter called Surety), are held firmly bound unto CITY OF HUNTINGTON BEACH as. Obligee (hereinafter called Owner), In the amount of One Hundred Ninety -Eight Thousand and 00/100. Dollars ($198,000.00 ), for the payment whereof Contractor and Surety bind themselves, their heir%, executors, administrators, successors; and assigns, jointly and severally, firmly by these presents, WHEREAS, Contractor has by written agreement dated May 8, 2014 entered Into a contract with Owner for the Meredith Pump Station Improvements Project withdrawings and specifications prepared by which contract :is by reference tirade a. part hereof (hereinafter referred to as the Contracts and WHEREAS, the Contract provides that the principal will guarantee, for a period of one year, the work performed as part of the Contract from acid agamst all defects in materials and workmanship; and WHEREAS; the Contact also provides that the Contractor shall secure DontiwWE s obligations during the or*. year period with a bond executed by a surety duty admitted in the state of Galffomda; and' WHEREAS, the :Contract has been oom. eted, and the Owner., Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be : 2p14 . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that If Contractor shall, for a period of one year from and after the date of completion and acceptance of the; Contract by Owner, repair and/or replace any and all defects arising in the Work, whether resulting from defebtive materials or defective workmanship, than this obligation shaft be null and -void; otherwise it will remain in full force and effect The Surety Hereby walVat notice of any alteration or exft�nsion of Ome made by the Owner. Wheneyer Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within thirty (30) following Owners writfen notice of default, either. (a) remedy the default, or (b) shaft promptly complete the Contract in accordance with Its terns and conditions. Surety shall save the Owner harmless from any claims, judgments, liens or losses arising from the Surety's failure to either remedy the default or to complete. the Contract in accordance with its terns and conditions in a timely manner. Whenever the Princilpai shall be,, and .declared by the Owner to be in default render the Contract; which shall Include without limitation, any breach or default of the Contract , then, after written notice from the Owner to the Surety, as provided for below, the Surety shall either. (a) remedy the default or breach by the. Principal; or .(b) shaft promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal, at its own expense, and make avallable 10,2567n061e as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract Including other costs and damages for which the surety may be liable hereunder, provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shalt be subject to the advande written approval of. the Owner. Within thirty (30) days after Sums receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, .it shall be the duty of the Surety to give to the Owner a notice, in writing, of the Surety's election to (a) remedy the d®fauNs) of the Principal promptly, or (b) arrange for performance of the Contract prorriptiy by a contractor other than the Principal, time being of essence to this Bond. In said Notice of Election, the Surety shall .state the date of commencement of its cure or remedy of the Princhpate defaults) or its performance of the Contract. The Surety's obligations for cure or remedy, Include but are' not limited to: correction of defective work and completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to.ebt; and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance by the Principal). The Surety shall give prompt written notice to the Owner upon completion of the curs or remedy of the Principal's default(s) of its performance of the. Contract If the Surety -doss .issue its Notice of Election and does not proceed to cure or remedy the Principal's defaults) of its perfnnnance of the Work.within tvrty (30) days after receipt of a written notice. from Owner, Purely shall be deemed to be !h default an this bond, and the Owner shall be entitled to enforce any remedy available th Owner: No right of action shall accrue on this bond to or for the use of any person or corporation other than. the Owner named herein or the successors of"Owt►er. Signed and sealed this 13th day of August 20 14 Principal Ralsed Corporate Seal [MUST BE.AFFiXED] Principal Raised Corporate Seal [MUST BE AFFIXED] NOTES: Acknowlsd9merds mustbe ompleted and rehrmed as pall of l w bond. Raised Corporate seals are merry. Please attach Paver of Attomey. 10 2567/50593 Faris Construction Company (Cordraator Name) Moe) The Olio Casualty Insurance Company (Surety Name) By: 9(S'eal) Bart Stewart, Attorney -in -Fact VBi] AS Ftli a: City At oral = "T•HIS POWER OF ATTORNEY IS NOT VALID UNLESS.IT.IS PRINTED ON. -RED BACKGROUND. This .Power of Atforneylfmits the acts of those:named herein, and they have no authorityto bind the Company except in the manner and to the extent herein stated.: - :. - Certificate No. s2sesaa American Fire and Casualty ;Comp any Liberty Mutual Insurance Company Ttie Ohio Casualty insurance Company West American Insurance Company _ POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company.and The:Ohio Casualty Insurance Company are corporations duly organized under the laws of. = = the State of New Hampshire; that Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company - is a corporation duly organized under -the laws of.the State of Indiana (herein collectively called. the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint: Bart Stewart• Brittany Aceves all of the city of Encinitas '-state of CA each individuallyif there. be more than one named, its true and lawful attorney -in -fact to make, executer seal, acknowledge and deliver for.and on its behalf as surety as 'its act and deed,-anyand all undertakings, bonds, recognizances and other surety obligations; in pursuance of these presents:and shall tie as binding upon the Companies as if they have beenduly signed by.the president and attested by the secretary ofthe-Companies in their own proper persons. IN WITNESS WHEREOF this Po& erL. Attorney has been subscribed by an. authorized officer or official of the. Companies and the corporate. seals of the Companies have been affixed thereto•thls 3rd day of September 2013 >+ American Fire and Casualty Company Company -a: N The Ohio Casualtyinsurance - betty Mu urance Company. Li tual I s West American Insurance Company _ y ' a1 By. >. C. Gregoryft Davenport; -Assistant STATE OF WASHINGTON- ss C; ea; ea . COUNTY OF KING - c; -� ti On this 3rd day of September : 2013 ,before me personally appeared Gregory W. Davenport, who acknowledged himself totethe Assistant Secretary of Amencan v v.;y. Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and WestAmerican Insurance.Company, and that he, as such; being authorized so to do, execute the foregoing instrument for the purposestherein contained by signing on behalf of the corporations by himself as a duly authorized officer. _ p. y > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal atSeattle, Washington, on the day and year first above written O m 6' 0 Q �. By C KD Riley., Not Public �. L d E :Q This PowerofAttome is made and executed ursuant to and ti autho ' of the followin B laws and Authorizations ofAmerican Fire and Casualt Company, The Ohio Casua Insurance yi p y �y 9 y- Y P X Casualty ... w o.: C-ea - - - Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: :. . ARTICLE IV- OFF ICE RS=Section 12. Power of Attorney. Any officerorotherofficial of the Corporation authorized for that :purpose in.writing by.tne Chairman or Rresldent, and subject 0.r co to such limitation as the: Chairman or -the President may prescribe, shall appoint such attomeys-in-fact, as maybe necessaryto actin behalf of the Corporation to make, execute, seal, � m p` ,C acknowledge and deliver assuretyany and all undertakings, bonds, recognizances and other surety obligations._ Such attorneys -in -fact; subject to the.limitations set forth in their respective, :5 3: powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so. "� y L ++ executed, such instruments shall be as binding as if signed.by the President and attested to by the Secretary. Anypower orauthority granted to any represent1.ative1. or attomey in -fact under > the provisions of this article may be revoked.atany time by the Board, tne.Chairman, the President orby the officer orofficers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5..Surety Bonds and Undertakings. Any officer.of the Company authorized for that purpose in writing bythe chairman or the president;: > ` and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, . w N } L seal, acknowled a and deliver as sure an and all undertakings, bonds, reco nizances and other sure obli ations. Such attorne s in -fact sub ect to the limitations set forth in their -00 1 Z -c� -respective powers of attomey, shall have full power to bind the Company by their signature: and execution.of any such instruments and to attach thereto the seal of the.Company -When so o . executed such instruments shall be as binding as if signed by the;president and attested by the secretary. p Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport Assistant Secretaryto appoint such ~ attomeys-in-fact as may be necessary to act onbehalf of the Company to make, execute, seal, acknowledge and deliver_ as surety any and all. undertakings, bonds; recognizances and other surety obligations.. Authorization -.By unanimous consent of the Company's Board of -Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of anypow er of attorney issued by the Companyin connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey; the undersigned, Assistant Secretary, of American Fire and Casualty- Company, The Ohio Casualty Insurance Company Liberty Mutual Insurance Company, .and West •. American Insurance Company do. hereby certify thatthe original power of attomey of which the foregoing is a full, -true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. I IN TESTIMONY: WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of � S� , 20 r r . By: David M. Carey Assistant t ' Secretary 322 of 500: 32 :-: LMS_12873 092012 - - - - _ _ -. - _ - -.. .. :: : CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Diego On 61t �� -f before me, Brittany Aceves, Notary Public (Ilere insert name and title of the officer) personally appeared Bart Stewart who proved to me on the basis of satisfactory evidence to be the person(&4 whose narne(&4 is/aFe subscribed to the within instrument and acknowledged to me that he/4eA4ey executed the same in hiSAw4thc4r authorized capacity(4c,&), and that by his/4-teFMiewi( signature(s) 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. BRITTANY ACEVES Commission No. 2044569 20 vz_�rES 1 han and oocial NOTARY PUBLIC- CALIFORNIA W SAN DIEGO COUNTY Commission Expires October 7, 2017 (Notary Seal) Sign, otary lie ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description ofattached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other 2008 Vcrsion CAPA v12.10.07 800-873-9865 %v%w.Notary•Classes.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California thirst contain rerbiage exactly as opyears above in the » onrrY section or a separate acknoudedgment form must be Properly completed and attacked to that document. The only exception is if a donnnent is to be recorded outside of California. !n such instances. an alternative ac•knorledgntent verbiage as ntgv be printed on such a docurew so long as the verbiage does not require the notoly to clo something that is illegalfor a notiny in California (i.e. c•ertifPiht,S the author•i=ed capacity of the signer). Please check the doc unem care/ally for proper notarial hording and attach this form if required • Slate and County information must be the Stale and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date or notarization must be the dale that the signcr(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signcr(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. be/she/they;- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a . corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document PLEASE COMPLETE THIS INFORMATION This Document was electronically recorded by City of Huntington Beach RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: John S. Griffin P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1111111111111111111111111111111111111111111111111111111111111111111111111IN0 FEE 2014000325552 04:22pm 08/12/14 217 402 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY 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 Faris Construction Company who was the company thereon for doing the following work to -wit: MEREDITH PUMP STATION IMPROVEMENTS, CONSTRUCTION CONTRACT -; CC— 1463 That said work was completed August 1, 2014 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 August 1, 2014, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Sentinel Insurance Company, LTD. 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 August 5, 2014. irector of Public Works oP City Engineer City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. 1 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 August 5, 2014. This document is solely the official business of the City of Huntington Beach, as contemplated under Government code section. 6103 and should be recorded free of charge. Director of Public Works or City Engineer City of Huntington Beach, California THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) I RECEIVE&Y CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date)" �� JU� �;� . PM 2. so CITY OF HUItotBEACH INTERDEPAR]ri*w1%LCV®I JNICATION TO: City Treasurer , FROM: City Cl f DATE: �tv SUBJECT: Bond Acceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's Performance Bond No. Payment Bond (Labor and Materials) Bond No. F'. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. ' Franchise Bond No. Letter of Credit Bond No. - Other Re: Tract No. CC No. MSC No. Other No. g:/forms/bond transmittal to treasurer (Company Name) ,...Approved (Council Approval Date Agenda Item No. City Clerk Vault No. �� , -SIRE System ID,No.. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34 35. 36. 37. 38. 39. 40. 41. CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FARIS CONSTRUCTION COMPANY FOR CC-1463 MEREDITH PUMP STATION IMPROVEMENTS PROJECT TABLE OF CONTENTS Page No. STATE OF WORK; ACCEPTANCE OF RISK 1 ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 COMPENSATION 4 COMMENCEMENT OF PROJECT 4 TIME OF THE ESSENCE 4 CHANGES 5 NOTICE TO PROCEED 6 BONDS 6 WARRANTIES 7 INDEPENDENT CONTRACTOR 7 LIQUIDATED DAMAGES/DELAYS 7 DIFFERING SITE CONDITIONS 9 VARIATIONS IN ESTIMATED QUANTITIES 10 PROGRESS PAYMENTS 11 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 AFFIDAVITS OF SATISFACTION OF CLAIMS 12 WAIVER OF CLAIMS 12 INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 WORKERS' COMPENSATION INSURANCE 13 INSURANCE 14 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 NOTICE OF THIRD PARTY CLAIM 15 DEFAULT & TERMINATION 16 TERNIINATION FOR CONVENIENCE 16 DISPOSITION OF PLANS, ESTIMATES AND OTHER 17 NON -ASSIGNABILITY 17 CITY EMPLOYEES AND OFFICIALS 17 STOP NOTICES 17 NOTICES 18 SECTION HEADINGS 18 IMMIGRATION 19 LEGAL SERVICES SUBCONTRACTING PROHIBITED 19 ATTORNEY'S FEES 19 INTERPRETATION OF THIS AGREEMENT 19 GOVERNING LAW 20 DUPLICATE ORIGINAL 21 CONSENT 21 SURVIVAL 21 MODIFICATION 21 SIGNATORIES 21 ENTIRETY 21 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FARIS CONSTRUCTION COMPANY FOR CC-1463 MEREDITH PUMP STATION IMPROVEMENTS PROJECT THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and FARIS CONSTRUCTION COMPANY, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as 'PROJECT," more fully described as MEREDITH PUMP STATION IMPROVEMENTS PROJECT in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in g/a gree/s urfnet/citycon s t 1 of 22 12/11 connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; g/agree/surfnedcityconst 2 of 22 12/11 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/surfnet/cityconst 3 of 22 12/11 "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 One Hundred Ninety -Eight Thousand Dollars ($198,000), 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 Forty (40) consecutive working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things g/agree/surfnet/cityconst 4 of 22 12/11 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 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 g/agree/surfnet/cityconst 5 of 22 12/11 promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, g/agree/surfnet/citycwnst 6 of 22 12/11 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, the sum of Five Hundred Dollars ($500) 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 g/agree/surfnet/cityconst % of 22 12/11 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 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 g/agree/surfnet/cityconst 8 of 22 12/1 l 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 a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. g/agree/surfnet/cityconst 9 of 22 12/11 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 than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the g/agree/surfnet/cityconst 10 of 22 12/11 amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW, finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of 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. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the g/agree/surfnet/cityconst 11 of 22 12/11 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone g/agree/surfnet/cityconst 12 of 22 12/11 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, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. g/agree/surfnet/cityconst 13 of 22 12/11 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted. 21. CERTIFICATES OF INSURANCE• ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney g/aggee/surfnet/dcyeonsc 14 of 22 12/11 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 filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. g/agree/surfnet/cityconst 15 of 22 12/11 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, g/agree/surfnet/cityconst 16 of 22 12/11 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 California Government Code. 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of g/agree/surfnet/citycwnst 17 of 22 12/11 One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Joseph Dale, Public Works 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: Faris Construction Company ATTN: Richard Faris, President 2180 El Camino Real Oceanside, CA 92054 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, g/agree/surfnet/cityconst 18 of 22 12/11 define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party 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/agreelsurfnedcityconst 19 of 22 12111 jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. g/agree/surfnet/cityconst 20 of 22 12/11 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/agree/surfnet/cityconst 21 of 2.2. 12/11 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 /?)_ O�20IV CONTRACTOR FARIS CONSTRUCTION COMPANY B/— Y print name ITS: (circle one) Chairm residen ice President AND By:-t77����� M t.. p nt name I cle one) Secretary/Chief Financial Officer/Asst. ecretary - Treasut g/agree/surfnet/cityconst 22 of 22 12/11 CITY OF HUNTINGTON BEACH, a municipal corporatiog pf the State of California Clerk INITIATED AND PROVED: Director of Pub is Works REVIE D APPROVED: rty anager APPROVED AS TO FORM: Ci y Attorney /lq / SECTION C PROPOSAL for the construction of MEREDITH PUMP STATION IMPROVEMENTS at MEREDITH DRIVE AND MIDLAND LANE CC No.1463 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 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. ' Accompanying this proposal of bid, find Bid Bond in the amount of $ 100o which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: 11 Addenda No. :: Date Received . _ Bidder's. Signature 11 C-2 PROJECT BID SCHEDULE - ADDENDUM NO. 1 tepi Es......ed......;.•..:.:.•.......•.:.;.$k Item.:•:• :.:::.:.:.:. .:.:.•:•..:....•..•.•..•.. •.•....•.•.•.•::.:..•.._..._..... .fed.... i esc.::::::::::::::::::....,::::::::::;:::;.. too o e . . ........................................................................ : i3ai# Piric Afu4tiitf:'-: Mobilizatfaut and Demobilization 1 1 Zaba- Demolition and hauling away of existing building west wall 2 1 incluidng louvers prior to new west wall installation including protection of all existing electrical, gasoline, and water lines on the , 0606 l Od U LS budding west wall as pump station will be in operation during $ $ project Provide temporary support to roof. a' Furnish and install new west wall including but not limited to 3 1 concrete slab bracing, steel columns with base and bracing, LS masonry support steel cbannel beam and steel plate, wood beam �� C:� $ �� and wood roof deck, precision masonry block veneer outside the $ $ steel stud wall, gravel build up roof over wood roof deck to match existing root and any other required appurtenances to complete new west wall and roof per plans and specifications including protection of all existing electrical, gasoline, and water lines as pump station will be in operation during project Remove and haul away existing engine roof hatches and reroof to 4 3 match existing roof including all required appurtenances to 3 3 3 3 3 EA complete roof installation Create new roof opening and install roof supply fantblower and 5 2 mounting accessories including sealing and any other requited EA appurtenances to complete per plans and specifications. $ D/ O6Q Furnish and install double acoustical louver doors and framing at 6 3 the new west wall including sealing and any other required EA appurtenances to complete per plans and specifications. $ i -Ly wo — $ 3�o) Dw Remove and haul away one existing louver window and framing 7 1 on east wall and seal the space with CMU blocks including any EA other required appurtenances to complete installation per plans and 2 d6U specifications. Protect interfering existing eletrical items as pump $ $ station will be in operation during project Remove and haul away existing louver window and framing on 8 4 wall and replace with new acoustic louver with fie sing including EA sealing and any oilier required appurtenances to complete S Z - V installation per plans and specifications. Protect interfering $ $ 666 existing elettual items as pump station will be in operation during project. C-2.1- ADDENDUM NO.1 PROJECT BID SCHEDULE - ADDENDUM NO.1 .............................................................................................................. ..................... ...................................................:.......................................................... ............................................................................................................... Item .. ...... :Estiaii#fed ...................................................................I.... ............. .......... ..........................................................-.:-.................. :......=::=:::.....::: 81d i€e :::::::::::::::'::::::::::`:: .......................................................... :......::::::=:::::::: ........ .................................. E�it+aailed: : .............. ...... ........................................................................ seiati ................ : i3itit:Fi�ice:-: ................ : Aiiioiiiit Remove, haul away, and replace existing double doors on west 9 2 wall with new double steel doors including framing and any other EA required appurtenances to complete installation per plans and Z"�—� $ specifications. $ Paint yellow warring lines and markings in engine removal space 10 1 LS per plans and specifications $ �O �— $ Modify the existing electrical panel and add 11 1 breakers/circuits/relays per Plans and Specifications inchWing installation of new conduits and wires from the modified panel to roof supply fans/blowers including controls and any other required $ oc6 c $ 1. � appurtenances to complete per plans and specifications Replace all existing fascia with new pre-treated and primed wood 12 1 including but not ]mited to replacing flashings in kind and all appurtenances to complete per plans and specifications q(560-_ LS $ $ Remove existing exterior west wall lighting and furnish and install 13 1 new wall light $xtures inchuding reoonnection and addition of LS wiring and conduits on new exterior west wall $ 2666— $ Ow Furnish and install aluminum rain gutter and downspouts on the 14 1 new exterior west wall. LS $ 6 $ �© Total Amount Bid, BASIS OF AWARD*: $ 19 61 (30O Total Amount Bid in Words: rti rc -�,.� a �� V , ,� cT _._._......._..-..................... ................. ... ._.... _............. _._.._.t...._._.-._. _. _._._........._._............. _..__.._._.._.... clcv IA -r rTz � n *Notes: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. Contractor must attend and sign in to Mandatory Pre - Bid Meeting or the bid will be deemed non -responsive. C-2.2 - ADDENDUM NO.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 or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. -,Bid; Item(s) Name and Address of Subcontractor;.-. State License Number �Dollar; Amount % of Contract 3 Masonry r � �cr`acss G6 P. C) : 6aY--. t s 392S 4 (1"i ,4,5 Ro g 11,13 Electrica 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 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 4/8/14 at Dana Point CA Date City State Richard Faris , being first duly sworn, deposes and says that he or she is President of Faris Construction Company 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. Faris Construction Company Name of Bidder Signature of Bidder 2180 El Camino Real, Oceanside, CA 92054 Address of Bidder 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 MEREDITH PUMP STATION IMPROVEMENTS, (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: 4/8/14 Faris Construction Company Contractor By Richard Faris, President Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, 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 LXNo 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. Date: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 4/8/14 C-7 Faris Construction Company Contractor Richard Faris, President Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Faris Construction Company Bidder Name 2180 El Camino Real, Suite 400 Business Address Oceanside, CA 92054 City, State Zip ( 760 ) 433.4500 Telephone Number 347708 A&B State Contractor's License No. and Class 11/1/77 Original Date Issued 3/31/15 Expiration Date The work site was inspected by Richard Faris of our office on 4/1/14 , 201_ The following are persons, firms, and corporations having a principal interest in this proposal: Richard Faris Mary Opel C-8 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. Faris Construction Company Company N� n Signature Mary Opel, CEO/Secretary Printed or Typed Signature Subscribed and sworn to before me this 8th day of April 2014 MARIA G SOLORIO Comm # 2045734 rn NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY NOTARY PUBLIC A1Y Comm. ExP. OCT. 17. 2017 61 SOLD 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 Centralia School District Name and Address of Public Agency Name and Telephone No. of Project Manager: Bill Kuykendall 714.228.3140 1009000 Concrete & Steel 7/13 Contract Amount Type of Work Date Completed 2. State of California - Dept of Fish & Game Name and Address of Public Agency Name and Telephone No. of Project Manager: Robert Benson 916,323.1488 150,000 Raised Board Walk 5/12 Contract Amount Type of Work Date Completed 3. Discovery Science Center Name and Address of Public Agency Name and Telephone No. of Project Manager: Kellee Preston 714.542.2823 Ecochallenge 330,000 Structural & Arch Modifications 7/12 Contract Amount Type of Work Date Completed C-9 BOND NO. N/A PREMIUM N/A BID DATE: 2014 Faris Construction Company (hereinafter called Principal), as Principal, and U.S. Specialty Insurance Company , a corporation, organized and existing under the laws of the State of Texas and authorized to transact a general surety business: in the State of California (hereinafter called Surety), as Surety, are held and firmly bound unto City of San Diego (hereinafter called Obligee) in the penal sum of Ten percent ( .10 . %) of amount bid not to exceed Dollars ($ for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, f°u my 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 Meredith Stormwater Pump Station Improvements/ Contract No. 1463 NOW, THEREFORE, if the said contract be awarded to, the Principal and the Principal shall, within such timeas may be specified, enter into the contract in writing, then this obligation shall be void. If the Principal shall fail to do so, then the undersigned shall pay the obligee the damages which the obligee may suffer by reason of such failure up to and not exceeding the penal sum of the bond. SIGNED, SEALED AND DATED THIS 28th DAY OF March 2014 Faris Construction Company RINCIPAi. By: U.S. Specialty Insur a om By: - Bart Stewart, Attorney -in -Fact jl POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY SOW_' ALf a MEND_ ffi_FziM Contrac h yy ifornia c dr� m -— — IlTl t I cil"Ro _atiC Y THESE PM M. aM �torsflfideffiiiify 6' _W;itz orp IIIIIIIII q li l�! Jill I'l 1 111 SuretyQ—MP— a Maryland Insurance' mp'an -Mahear Tj��i 11 P. xas co rpora ARN "CUMParl do by these presentOM e,��titdt-Fand appoint: III IIIIII III Bart Stewart of Encinitas, California hq marflUdEabove, with full powerand-authoritX e =u-- --Attorney(s)-in-fa I qC ate capacity if more thani is= cil III, t , 0 its -true anil II I hill. P1,111M be li'l WWfids, reco I n ,IIIIIIII ,,,,ead iffer Me ants name, e t knowledge afi&-d -aM gnizame 1111111 �11t,111!111 I -- — — — — — of suretkii �!�il de riders, of surety, igg- Wcalmom- sambtiff ffiSt ents or contracts) h Inc 111�11 le I. I Ten Million**** :Dollars ($ ;00W000 k0a�— does not exceed 11111 This Power of Attorney shall expire without further action on December 08, 2016. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, -that. the President, any Vice -President, any Assistant==Vice-President, any Secretary or any As t S 'tary shall be and is hereby vested with f4H. f of the ntv.-to "d Compan - mower rand au -o- -appoint any onmorq�ws res6fi'N clma�omey(s)-in-Fact to re 0 =-y=subj& t&4Ml ng illp, I I �� fi on e name of and .....III e acknowledge and d6fi=aYQWan-ftH bMds�— . pp 3�ii,�56cil may given full power =WtW (46 ,,, , 0, E!I)Wr M,�, y recognizances, contracts, agreements or indFr=rm=ity aEnCother conditional or obligatory undertakings, including any and all, consents for ffieNrelei:ae of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. —Be.�Resohgg [ha Ethe. signature of any authorod Pe Company heretofore o.rhereafter affwed:�L-ag certificate r ti fficer 0 ___y g. rt i eta ri I 1 11,11111111 -_power of attorney or any Of, �t nnj Ifacsim Ey I a inding upon iheMm 4 i0any power of attorney I) c ile sip -nature offa egg�ff I h _�g3CW tKas mWED ori unde—ftakinwto which it is aftac'!QdJ IYJ III IN WITNESS WHEREOF, The Comfill antes have caused this instrument to 68 signed and their corporate seals to be hereto affixed, this I Oth day of December, 2012. NY Ir AMERICAN CONTRACTORS INDEMNITY COMPAZINY EgUNITED STATES SURETY COMPANY. U-S-ISPECIALTY INSURANCE COMPANYh—nf=—=- !il11 l warva M pil Co orate Seals h —m�uy„ _ — mwmn , Ili Ij�l I'll I'll III III IIII IIII �%PXTO,?,%, C'S S Daniel P. Aguilar,' Vice President State of California 5 ��Mo�les SS: �06T-Yffi dayofDecember, 2012, be ore niE,`A'arl sa Wright, a notary publi�e�,persiqrfwy appeared Daniel P. Aguila?,WVVice7P&iident of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company 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 he executed the same in his authorized capacity and that by his signature on the instrumerifth ,, rs n(s), or the entity upon behalf of I . I'll's Ple 0 95 c C31N vhi ho rj_on(s).acted, execute,&—thqfts0lie under PENALTY OF PEMMMudifer 0 lames of the WITNESS my hand and official seal. State ( Signature (Seal) tantSecretarq,,,IIJ�,llllll I ph d ti ':a f IndemnitIIIIIIIIII y -anr mpany d nsim � d -by— iffili'lli Cilt"d ab foregoing is a tM- Fell) eft Mn -�ec of a Power of Atto -me , �-ecutecl .1 —e Go do hereby ce My said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards'. of Directors,. set out in the Power of Attorney are in full force and effect. jnWitnessAN%qr-pof, I have hereunto seLmv=hand-=-and-UfEmed the seals of said Com 11,1S.11A I California this� panie at L nge es, Corporate Seals �'d . .......... At� -0 ill .. ........ Jeannie-fie,=.2silistant Secretary Bond No I �TED 25 1 WIN s ..... ......... 1100� CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Diego Oil 3 4 before me, Molly Cashman, Notary Public (Ilere insert name and title of the officer) personally appeared Bart Stewart who proved to me on the basis of satisfactory evidence to be the person( whose nameO &6re-subscribed to the within instrument and acknowledged to me that &s4ie t�1 -executed the same in �i'�ir authorized capacity(ieii s), and that by signature(R) on the instrument the person(s), or the entity upon behalf of which the person(.-4 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. - MOLLY CASHMAN n2LA my hand and official seal. z NOTARY us Ic-cuIFO CALIFORNIA SAN DIEGO COUNTY i Commituiat ExVm Jlme 7, Po17 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT iTitle or description of attached document) (Title or description of attached dOCnmeni continued) Number of Pales Document Dale --— (Additional information) CAPACITY CLAIMED BY THE SIGNER O Individual (s) O Corporate Officer (Title) O Partner(s) O Attorney -in -Fact O Trustee(s) O Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in C'alifornio toast contain verbiage exactly cis appears above in the notate section or it separate acknom•ledgtnew fawn muse he properh completed and atlached to that doeninent. The only evicelmon is if u documew is to be recanled outside of Califrniu. In such in.stai es, auv ahernaiive acknowledgment verbiage its nicts• be printed on .sitch a doeitrnena so long as the verbiage does nui require the notcnj• !o do sonteihing !hui is illegal f tr a mitaty in California (Le. cerdtong the aathori_eil capacity of the signei). Please check the docinnetn curefidlr f tr prnprr nmm ia! wording rind oltach this finvn if required. • State and County information must be the state and County where the document signcr(s) personally appeared before the notary public for acknowledg mcni. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date die acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing oll' incorrect forms (i.e. #e/she/Elx_ is /afe ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocument recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover test or lines. if seal impression smudges, re -seal it' a sufficient area permits, othemisc complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). •'' Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 wtiy-xv.NotaryClasses.eom City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For MEREDITH PUMP STATION IMPROVEMENTS CC NO. 1463 in the CITY OF HUNTINGTON BEACH April 3, 2014 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) UPDATED BID SCHEDULE -ADDENDUM NO. 1 WITH ADDITION OF TWO BID ITEMS AS NOTED BELOW: A. Bid Item No. 13 removes existing exterior west wall lighting and furnish and install (2) new wall light fixtures Including reconnection and addition of wiring and conduits on new exterior West Wall. See attached Addendum No. 1 drawing and manufacturer's product sheet for further detail. B. Bid Item No. 14 is to furnish and install aluminum rain gutter and downspouts, tan in color, on the new exterior west wall. See attached Addendum No. 1 drawing for further detail. 2) PROVIDE MATERIAL CLARIFICATION TO PROJECT PLANS AND SPECIFICATIONS All structural steel materials inside the wet well shall be hot -dip galvanized materials. Award will be based on SECTION C that includes the most up to date bid schedule and acknowledging all Addendums. This is to acknowledge receipt and review of Addendum Number One, dated April 2 4. Company Nam By :4714 Date bidders must acknowledge and include the receipt of this Addendum with Your bid proposal. Should you have any questions regarding this Addendum, please call Joseph Fuentes at (714) 536-5431. GAConstruction Contracts (CCs)\CC1463 Meredith Pump Station Fxpansion\Adveitisement\Addendum No. 1\Addendum Number One.doc CITY OF HUNTINGTON BEACH PROJECT NAME: Merideth Pump Station Improvements CC#: 1463 BID OPENING DATE: 4/8/2014 TIME & LOCATION: 2:00 PM Council Chamber ENGINEER'S ESTIMATE: $300,000.00 BIDS SUBMITTED (AS READ AT OPENING) BIDDER'S NAME FINAL APPARENT BID RANK AMOUNT Atlas -Allied Inc, Escondido Atom E.ng Const, Anaheim Faris Construction., Oceanside The Richards Groupm Escondido MMC, Inc.., La Palma CIPP Version Z CC1463 071, r 1 2180 El Camino Real Oceanside, CA 92054 Sealed Bid For: CC 1463 Meredith PS Improve City of Huntington Bedch Attn: City Cleerk 2000 Main Street, 2"d floor Huntington Beach, CA 92648 FARICON-01 KGOAD ACORO" �.� CERTIFICATE OF LIABILITY INSURANCE DATE (MM)DD/YYYY) 4/15/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). License # OC36861 Inland Empire-Alliant Insurance Services, Inc. 735 Carnegie Dr Ste 200 San Bernardino, CA 92408 CONTAPRODUCER NAME: Christina M Mountz PHONE 909 886-9861 FVC No): 909 886-2013 -EA_MAI o Ext : ADDRESS: cmountz@alliant.com INSURER(S) AFFORDING COVERAGE NAIC # _ INSURER A: Great American Assurance Company 26344 INSURED Faris Construction Company Inc 34145 Pacific Coast Hwy Ste 310 Dana Point, CA 92629 INSURER B : INSURER C : INSURER D : INSURERE: INSURER F : COVFRAnFS CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 CONTRACTOR 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSR TYPE OF INSURANCE ADD POLICY NUMBER MM/DD/YYYY MM DDIYYXYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X BI/PD Ded $5,000/OCc X GLP1862345 1/15/2014 1/15/2015 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 50,00 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO LOC POLICY I X I JECT PRODUCTS - COMP/OP AGG $ 2,000,00 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS __-- AUTOS NON-OWNEDPROPERTY HIRED AUTOS AUTOS t,FP12QVEDAST FORM.Per COMBINED SINGLE LIMIT Ea accident $ _ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ DAMAGE accident) $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE "r1Y dt"J�� jsaOV41 j�, tilty At -to EACH OCCURRENCE $ AGGREGATE $ _ DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC STATU- OTH- TORY LIMITS R E.L. EACH ACCIDENT $ —'- E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Job: Meredith Pump Station. The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are additional Insureds, primary and non-contributory, waiver of subrogation applies as respects to general liability per endorsements attached. CERTIFICATE The City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD A oRo• CERTIFICATE OF LIABILITY INSURANCE DATE (/YYYY) OSI131203I2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:'If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). -RODUCER Phone: (858) 350-0555 Fax: (858) 350-0556 t T L BUSINESS INSURANCE SERVICES, INC. 122 8TH STREET SUITE # 101 .1Arc.Ne.zw )EL MAR CA 92014 CONTACT K T L Business Insurance Services, Inc. NA PHONE (858 350-0555 F^x (858) 350-0556 ); EMAIL ,AnpRESS: INSURER(S) AFFORDING COVERAGE NAIC 0 Agency Lacs: CA t« OD86601 INSURERA : Sentinel Insurance Co., Ltd 11000 qSURED ARI :ARIS CONSTRUCTION COMPANY, INC. INSURER : State Compensation Insurance Fund Of CA P 35076 2180 EL CAMINO REAL )CEANSIDE CA 92054 INSURER INSURER D: INSURER INSURER F ;UVtKAc;tb GLKTII-IGATE NUMBER: bbbbb REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE'BEEN REDUCED BY PAID CLAIMS. 0SR 7B TYPE OF INSURANCE ADO'L tNSR SUER POLICY NUMBER_ POLICY EFF; DD0nM '�'? CkA 5 POLICY EXP :tMM/DDAMM_ :o rn Z/ /� LIMITS _ GENERAL LIABILITY COMMERCIAL GENERALLIABILITY CLAIMS -MADE (� OCCUR: .���#3{ j '�ij v� iW.TH, EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES Eaoccurence. $ MED. EXP (Any one person) _ $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC PRODUCTS - COMPIOP AGG $ $ 4 AUTOMOBILE LIABILITY- ANY AUTO ALLOWNED SCHEDULED AUTOS X AUTOS X HIRED AUTOS X NON=OWNED AUTOS 720ECZD5069 03/20/14 03/20/15 COMBINED SINGLE LIMIT (Es1,000,000 (Ee eocideM) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE or aaldenl $ $ UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE Y,—� OFFICERIMEMBER EXCLUDED? ! JI (Mandatory In NH) It yes. describe under DESCRIPTION OF OPERATIONS below NIA 9091056 01/28/14 01/28/15 X 'N TA MITSOTH --- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE-PDLICY LIMIT $ 1,000,000 ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) iE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE NAMED )DITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY AS PER ATTACHED ENDORSEMENT AND POLICY FORM. 10-DAY NOTICE OF 4NCELLATION GIVEN FOR NON-PAYMENT OF PREMIUM. WAVIER OF SUBROGATION TO FOLLOW. ERTIFIGATE. HOLDER CANCELLATION THE CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 Attention: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE CORD 25 (2010105) ©1988-2010 A The ACORD name and logo are registered marks of ACORD tin Levine All rights reserved. Policy Number: 9091056 TE 9901 B (Ed. Effective 3/92) ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement: THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. The additional insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid to you. You are authorized to act for the additional insured in all matters pertaining to this insurance. We will mail the additional insured notice of any cancellation of this policy. If the cancellation is by us, we will give ten days notice to the additional insured. The additional insured will retain any right recovery as a claimant under this policy. Form TE 99 01 B ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION 9091056-14 NEW SP 7-53-64-44 PAGE 1 HOME OFFICE SAN FRANCISCO EFFECTIVE MAY 13, 2014 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING JANUARY 15, 2015 AT 12.01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME FARIS CONSTRUCTION COMPANY INC. 2180 S EL CAMINO REAL OCEANSIDE, CA 92054 ANYIIiING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, THE CITY OF HUNTINGTON BEACH WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, FARIS CONSTRUCTION COMPANY INC. IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED, NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: MAY 15, 2014 (/4 AUTHORIZED REPRESENTA/IVE PRESIDENT AND CEO SCIF FORM 10217 (REV.1-2012) 2570 OLD DP 2.17 ENDORSEMENT AGREEMENT ADDITIONAL INSURED EMPLOYER 9091056-14 NEW SP 7-53-64-44 PAGE 1 HOME OFFICE SAN FRANCISCO EFFECTIVE MAY 13, 2014 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME FARIS CONSTRUCTION COMPANY INC. 2180 S EL CAMINO REAL OCEANSIDE, CA 92054 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE CITY OF HUNTINGTON BEACH IS HEREBY NAMED AS AN ADDITIONAL INSURED EMPLOYER ON THIS POLICY BUT ONLY AS RESPECTS EMPLOYEES WHOSE NAMES APPEAR ON THE PAYROLL RECORDS OF FARIS CONSTRUCTION COMPANY INC. (HEREIN CALLED THE PRIMARY INSURED) WHILE THOSE EMPLOYEES ARE ENGAGED IN WORK UNDER THE SIMULTANEOUS DIRECTION AND CONTROL OF THE PRIMARY INSURED AND THE ADDITIONAL INSURED EMPLOYER. IT IS FURTHER AGREED THAT THE PAYMENT OF THE FULL PREMIUM DUE AND PAYABLE UNDER THIS POLICY SHALL REMAIN THE SOLE RESPONSIBILITY OF THE PRIMARY INSURED. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED, NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: MAY 15, 2014 �4 AUTHORIZED REPRESENT A IVE PRESIDENT AND CEO SCIF FORM 10217 IREV.1-20121 0015 OLD DP 217 Company Profile Page 1 of 2 Company Profile Company Search Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information Old Company Names Agent For Service SENTINEL INSURANCE COMPANY, LTD. ONE HARTFORD PLAZA, HO-1-09 HARTFORD, CT 06155 Effective Date If you are unable to locate the agent for service of process, please call the CA Department of Insurance at (916) 492-3556. Reference Information NAIC #: 11000 California Company ID #: 5168-0 Date Authorized in California: 10/28/2009 License Status: (UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: CONNECTICUT back to top NAIC Group List NAIC Group #: 0091 HARTFORD FIRE & CAS GRP Lines Of Business The company is authorized to transact business within these lines of Insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY https://interactive.web. insurance. ca.gov/companyprofile/companyprofile?event=companyP... 5/21 /20 T4 Company Profile Page 1 of 1 Company Profile STATE COMPENSATION INSURANCE FUND 1275 MARKET ST J. C. TUDOR SAN FRANCISCO, CA 94103 877-405-4545 Agent for Service of Process Unable to Locate the Apent for Service of Process? Reference Information NAIC #: 35076 NAIC Group #: 0000 California Company ID #: 0449-9 Date authorized in California: January 01, 1914 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: CALIFORNIA Dines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these. terms, please refer to the {glossary. WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Last Revised - November 10, 2012 10:58 AM Copyright © California Department of Insurance https://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get_co_proVp_EID=2832 5/21/2014 RECEIVED BY: (Name) (Date) • TO: City Treasurer CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION FROM: City CI DATE: SUBJECT: Bond Acceptance L� I have received the bonds for !�5 CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. MSC No. Other No. g:/forms/bond transmittal to treasurer (Company Name) �z0--6Oo/ Approved Agenda Item No. City Clerk Vault No. CJ SIRE System ID No. (Council Approval Date (Council Approval Date Bond No. 024056001 *Premium: $5,940 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, bywritten agreement dated May 5th , 201A_, entered into a contract with Faris Construction Company 2180 El Camino Real. Oceanside. CA 92054 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: Meredith Pump Station Improvements Project CC-1463 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, we, the undersigned, as Principal, and The Ohio Casualty Insurance Company 790 The City Drive South St. 200 Orange, CA 92868 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of One Hundred Ninety -Eight Thousand and 00/100 Dollars ($ 198,000 ), this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, Including all alterations, ,amendments and modifications thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, It shall be and shall remain in full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract time or contract price, and 277s91.1 PERFORMANCE BOND Pagel of 2 Bond No. 024056001 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: May 8th 2014 ATTEST Faris Construction Company (Corporate Seal) (Principal Name) ,i' By: Name: -F Titre: f "J'% ATTEST The Ohio Casualty Insurance Company (Corporate Sea[) (Sure ame) By: Name:Bart Stewart. Attorney -in -Fact (Signature of Attorney -in -Fact for Surety) (Attach Attomey-in-Fact Certificate) 7( 14 ) 634-3311 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OUNTINGTON BEACH c By- �McGhth ity Attorney !Vote: 77tis 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. 27769,.E - PERFORMANCE BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Diego On before me, Brittany Aceves, Notary Public , (here insert name and title of the officer) personally appeared Bart Stewart who proved to me on the basis of satisfactory evidence to be the person(&) whose names is/aFe subscribed to the within instrument and acknowledged to me that he/-,4eA-key executed the same in his,114"4hok authorized capacity(, and that by his/4jetfElw-if signatures} on the instrument the person(&), Or the entity upon behalf of which the person(&}acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. BRITTANY ACEVES WITN my I tO fficial seal. m Commission No.20445g9 cZ) NOTARY PUBLIC - CALIFORNIA m SAN DIEGO COUNTY (Notary Se Commission Expires October 7, 2017 Signature o otary ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description ofatlached docunment continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Vcrsion CAPA v 12.10.07 800-873-9865 w w.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any oeknou•ledgnneat completed in California unrst contain rerbiage exactly as appears above in the 1101a7• section or a separate acknoirledgmern forur ❑must be Properly completed and attached to that document. 7'he ouly exception is if a document is to be recorded oalside of California. !n such instances. any alternative acknowledgment verbiage as urm• be printed on such a document so long as the Verbiage does not require the noteny to do something that is illegal for a notary in California (i.e. certifying the authorized capacilr of the signer). please check lire document carefully for proper notarial rrordirrg and allach lhis four if required • Stale and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at thetime of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, reseal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information, is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). •' Securely attach this document to the signed document Bond No. 024056001 *Premium: Included on Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to Faris Construction Company 2180 El Camino Real, Oceanside, CA 92054 (name and address of Contractor) (hereinafter referred to as "Principal"), 'a contract ("Contract") for the work described as follows: Meredith PumpStation Improvements Project. CC-1463 (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 The Ohio Casualty Insurance Company 790 The City Drive South Ste. 200 Orange, CA 92868 (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 Hundred Nine1y-Eight Thousand and 00/100 dollars, ($ 198,000 ), 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, 2n539.1 PAYMENT BOND Page 1 of 2 Bond No. 024056001 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 Califomia 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: May 8th 2014 ATTEST (Corporate Seal) Faris Construction Company (Principal Name) ATTEST (Corporate Seal) The Ohio Casualty Insurance Company (Sure ) By: g, Name:_ Bart Stewart, Attorney -in -Fact (Signature of Attorney -in -Fact for Surety) 7 4 634-3311 (Attach Attorney -in -Fact Certificate) (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH ennifer Mct3rath '—City Attorney S�J 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. 177569.E - PAYMENT BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Diego On before me, Brittany Aceves, Notary Public (Here insert name and title of the officer) personally appeared Bart Stewart who proved to me On the basis of satisfactory evidence to be the person(s4 whose narneEs is/ate Subscribed to the within instrument and acknowledged to me that he/41ie4executed the same in hisAwf><I=hok authorized capacity(Jes), and that by his/4ieftl lietf signature(4� on the instrument the person(&), or the entity upon behalf of which the person(&}acted, executed the instrument. certify tinder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. BRII7ANY ACEVES WITH my _ ffi 'a ea z NOTARY iPUBn IC No. 044569 U ORNIA W SAN DIEGO COUNTY Commission Expires October T 2017 Signature ofNotaq Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER O Individual (s) O Corporate Officer O Partner(s) O Attorney -in -Fact O Trustee(s) O Other 2008 Vcrsion CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California untst co laic rerbiage exacty as appears above in the noituy section or a separate acknorledgnnent form must be Properly completed and attached to that doctrmem. The only exception is if a document is to be recorded outside of California. /n such instances. any alternative acknowledgmew verbiage as nhgr be printed on such a document so long as the rerbiage does not require the uotaq- to do something that is illegal for a notan• in California (i.e. certifying the authorized capacity of the signeh9. Please check the document carefully for proper notarial wording aid atach this fornt rf required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notariz<nlion must be the dale that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public nutst print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/they- is /ere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached toad iffercnt document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). •' Securely attach this document to the signed document Company Profile Page 1 of 2 Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information OHIO CASUALTY INSURANCE COMPANY (THE) 175 BERKELEY STREET BOSTON, MA 02116 Old Company Names Agent For Service KASHONDA LAWSON C/O CORPORATION SERVICE COMPANY 2710 GATEWAY OAKS DRIVE, SUITE 150N SACRAMENTO CA 95833 Reference Information Effective Date NAIC #: 24074 California Company ID #: 5133 4 Date Authorized in California: li/17/2008 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: NEW HAMPSHIRE back to top NAIC Group List NAIC Group #: 0111 LIBERTY MUT GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY WORKERS' COMPENSATION back to top https:Hinteractive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyP... 5/21 /2014 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification .of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 20 , at (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] 1 California. SUS US- ab • (51P 247542.1 CONTRACTOR'S CERTIFICATE L , state and certify that: (Name of Declarant) l . is the general contractor to the City of Huntington Beach ("City') on Contract No. (the "Contract") for the construction of the public work of' mprovement 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. By: -7 Name: [Type Name] Title: [Type Title] on this day of 120 (Signature of Declarant) 245914.1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: 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 (Type Contractor Name) , California. By: Name: [Type Name] Title: [Type Title] E 1 IF R r) A ORNEY T-) 3-2Y6-Cp 245911.1 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK June 10, 2014 Faris Construction Company ATTN: Richard Faris, President 2180 El Camino Real Oceanside, CA 92054 Re: Meredith Pump Station Improvements Project - CC-1463 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 536-5517. Sincerely, J rnL. Flynn, CIVIC City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate - Certificate of Compliances Bid Bond (original) Sister Cities: Anjo, Japan • Waitakere, New Zealand ( Telephone: 714-536.5227 ) Dept. ID PW 14-025 Page 1 of 2 Meeting Date: 5/5/2014 7�40110 ve—h -7 -0 CITY 'OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 5/5/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Award and authorize execution of a construction contract in the amount of $198,000 to Faris -Construction Company for the Meredith Pump Station Improvements Project, CC-1463 Statement of Issue: On April 8, 2014, bids were opened for the Meredith Pump Station Improvements Project, CC-1463. City Council Action is requested to award the construction contract to Faris Construction Company, the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of $238,000.00 are available in the General Fund, Account No. 10040314.82000. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Faris Construction Company in the amount of $198,000.00 and, B) .Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids and provide staff with an alternative direction. Analysis: The City of Huntington Beach Public Works Engineering and Utilities Section is proposing this fiscal year to remove and replace the three existing storm water engines at the Meredith Pump Station, located in the residential tract east of Brookhurst Street and south of Adams Avenue, at the intersection Meredith Drive and Midland Lane. The existing engines have become obsolete and there is no support for replacement parts. Utilities staff will replace the old engines with new engines, but in order to have .adequate room an existing building wall must be relocated to provide adequate space for the new engines. This project is proposing to reconstruct the existing wall approximately 3' to the West and make improvements to the existing building prior to the replacement of the existing equipment. Building improvements include addition of ventilation fans, updating acoustics louvers, replace existing doors, addition of security lighting, remove old roof hatches, and replacing aged fascia at the existing pump station building. HB -73- Item 3. 1 Dept. ID PW 14-025 Page 2 of 2 Meeting Date: 5/5/2014 The bids were publically opened on April 8, 2014. The sole verified bid amount received is listed below: Bidding Contractor I Submitted Bid I Verified Bid FARIS CONSTRUCTION COMPANY $198,000.0 $198,000.00 Staff recommends award of the contract to Faris Construction Company in the amount of $198,000.00. The experience and reference check for Faris Construction Company provided acceptable responses from past clients for similar projects. The submitted bid was within the engineer's estimate. The total estimated project cost is $238,000.00, which includes the construction contract, contingency, supplemental expenses, construction management, and inspection services. Public Works Commission Action: The Public Works Commission reviewed and approved the project on October 16, 2013 with a vote of 6-0-1 (Thomas absent). Environmental Status: The project is categorically exempt pursuant to Class 1, Section 15301 of California Environmental Quality Act. Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Location Map Item 3. - 2 H.B -- Al *21SIVA Mi kvi 12 12 CITY OF HUNTINGTON BEACH f Item 3. - 3 STATE OF CALIFORNIA) COUNTY O ORANGE I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Huntington Beach, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Thursday; March 20, 2014 Thursday; March 27, 2014 Thursday; April 3, 2014 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on April 3rd , 2014 at Los Angeles, California S' nature SECTION A NOTICE INVITING SEALED BIDS for the construction of MEREDITH PUMP STATION IMPROVEMENTS CC -No. 1463 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"2i00 P.M.'on April 8, 2014. Bids will be !publicly open in the CouncilCbambers 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 $25.00 nonrefundable feel it picked up, or payment of. a $45.00 nonrefundable fee if sent by UPS ground delivery (bidder, shajl pay additional costs for special delivery). 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 tol execute the contract shall belthose 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; i 2000 Main' Street, Huntington Beach, CA 92648. i The AGENCY will deduct 5% 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 Public Contract Code, Section 10263. The Contrac-I for 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,', I or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on l the approved Proposal forms in conformance with the Instructions to Bidders as determined by thei AGENCY. 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 successfuli bidder shall be licensed in 'accordance with; provisions of the Business and Professions Code' and shall possess a State Contractor's License l Class A at the time of the bid opening. Thel successful Contractor and his subcontractors will be required to possess. business licenses from thei AGENCY. All extension of unit prices will "be) subject to verification' by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern.. Project Description: The project consists primarily of building expansion and improvements, adding' ventilation and noise containment improvements' for the three new gas engines in the existing Meredith Pump Station. The gas engines and related mechanical installation will be performed by owner. Detailed construction activities required by Contractor include but are not limited to the following: 1. Demolition and hauling of the existing building west wall and existing doors and louvers. 2. Expand the building and install new west wall) and roof extension per structural design plans.. 3. Supply and install (3) sets of.acoustic louver double doors including door frames for engine) removal 4. Supply and install / replace (4) acoustic fixed i louver windows 5. Supply and install / replace (2) sets of sound, steel double doors 'i 6. Supply and install (2) air supply fans, steel base i plates and wood, platforms on existing slightly pitched roof . 7. Supply and install electrical' and control work 1 for air supply fans 8. Seal up .an existing louver window with CMU block. 9. Remove and Replace fascia oh building 10. Remove existing (3) engine roof, hatches and reroof to match existing. . ll._Coord)nate_with_anrt_Aaan '91i' wt `J001u, Al `uOTj1321ALIN `LIJOWLID M01 4' zuag-sapaa.�avj CITY OF HUl®TTINGTON BEACH PROJECT NAME: Merideth Pump Station Improvements CC#: 1463 BID OPENING DATE: 4/8/2014 TIME & LOCATION: 2:00 PM Council Chamber ENGINEER'S ESTIMATE: $300,000.00 BIDS SUBMITTED (AS READ AT OPENING) CIPP Version 2 CC1463 a.00 ��� o� yL cz, - FOB CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: March 13, 2014 Project/C.C. No.: C. C. No. 1463 Regarding: Meredith Pumpstation Improvements ® We are sending you: ❑ By Mail ® By E-Mail (Number of pages including this sheet:) ❑ We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # Copies ' Pages : Description 1 1 1 Notice Inviting Sealed Bids for CC-1463, Meredith Pumpstation Improvement Project These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2013-48 (adopted on 09/03/13), the City Council authorized the advertisement of the above listed project. Please find attached the Notice Inviting Sealed Bids for advertisement on 3/20/14, 3/27/14, and 4/3/14. The bid opening is scheduled for 4/8/14 at 2:00 PM. Please contact me at 536-5259 with any questions you may have. By: J.f. 1 //10y uent s, CiviyLngineering Assistant c: file C:\Usm\rvramg\AreDATA\Locnc\Mtcxosorr\ Wu,a)ows\TzwoxnRYIxmuvEr Fhzs\CoNTENT.Ovn oox\PJ4N33E8\NISB TRAANsmrrAL TO CLERK-CC- 1463.Doc SECTION A NOTICE INVITING SEALED BIDS for the construction of MEREDITH PUMP STATION IMPROVEMENTS CC No. 1463 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on April 8, 2014. 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 $25.00 nonrefundable fee if picked up, or payment of a $45.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). 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 5% 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 Public Contract Code, Section 10263. 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 as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: The project consists primarily of building expansion and improvements, adding ventilation and noise containment improvements for the three new gas engines in the existing Meredith Pump Station. The gas engines and related mechanical installation will be performed by owner. Detailed construction activities required by Contractor include but are not limited to the following: 1. Demolition and hauling of the existing building west wall and existing doors and louvers. 2. Expand the building and install new west wall and roof extension per structural design plans. 3. Supply and install (3) sets of acoustic louver double doors including door frames for engine removal 4. Supply and install / replace (4) acoustic fixed louver windows 5. Supply and install / replace (2) sets of sound steel double doors 6. Supply and install (2) air supply fans, steel base plates and wood platforms on existing slightly pitched roof 7. Supply and install electrical and control work for air supply fans 8. Seal up an existing louver window with CMU block. 9. Remove and Replace fascia on building 10. Remove existing (3) engine roof hatches and reroof to match existing. 11. Coordinate with and Agency as station will be operational during entire construction • The contract shall allow the Contractor 40 working days to complete the contract. • A mandatory Pre -Bid Meeting is required on April 1, 2014 at 10:00 a.m. in project site at 20192 Midland Lane, Huntington Beach, CA, 92646. • The engineer's estimate of probable construction cost for the work included in the basis of award is $300,000.00. 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 30th day of September 2013, by Resolution No. 2012-65. Attest: /s/ Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH !I Ilos Angeles wanes ' Phone.#: j' (714} 536-5— 7 _, -.w : S Name: City Of Huntington Beach (Parent) S Address: PO Box 784 =1r; Huntington Beac, CA 92648 Ad Copy: SECTION A NOTICE INVITING SEALED BIDS for the construction of MEREDITH PUMP STATION IMPROVEMENTS CC No. 1463 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, Califor- nia 92648, up to the hour of 2:00 P.M. on April 8, 2014. 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 Di- rector of Public Works, 2000 Main Street, Hunting ton Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $4S.0O nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for spe- cial delivery). 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 Indus- trial 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 5% retention from all pro- gress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that mi- nority business enterprises will be afforded full op- portunity 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 reli- gion 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 as determined by the AGENCY. The bid must be accompanied by a certi- fied check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his sub- contractors will be required to possess business li- censes from the AGENCY. All extension of unit pric- es will be subject to verification by the AGENCY. In --- ad proof pg. 1 --- Iioz Augeleo Mimes CLASSIFIED ?11. Jr ADVERTISING Salesperson; Phone: Ad # 35781911 case oT a variation oetween the unit extension, the unit price will govern. Project Description: The project consists primarily of building expansion and improvements, adding ventilation and noise containment improvements for the three new gas engines in the existing Meredith Pump Station. The gas engines and related mechanical installation will be performed by owner. Detailed construction activities required by Con- tractor include but are not limited to the following: 1. Demolition and hauling of the existing building west wall and existing doors and louvers. 2. Expand the building and install new west wall and roof extension per structural design plans. 3. Supply and install (3) sets of acoustic louver double doors including door frames for engine re- moval 4. Supply and install / replace (4) acoustic fixed louver windows 5. Supply and install / replace (2) sets of sound steel double doors 6. Supply and install (2) air supply fans, steel base plates and wood platforms on existing slightly pitched roof 7. Supply and install electrical and control work for air supply fans 8. Seal up an existing louver window with CMU block. 9. Remove and Replace fascia on building 10. Remove existing (3) engine roof hatches and reroof to match existing. 11. Coordinate with and Agency as station will be operational during entire construction • The contract shall allow the Contractor 40 work- ing days to complete the contract. e A mandatory Pre -Bid Meeting is required on April 1, 2014 at 10:00 a.m. in project site at 20192 Mid- land Lane, Huntington Beach, CA, 92646. • The engineer's estimate of probable construction cost for the work included in the basis of award is $300,000.00. 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 30th day of September 2013, by Resolution No. 2012-65. Attest: /s/ Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Iio� Angeles c"�Iime� --- ad proof pg. 2 ---