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HomeMy WebLinkAboutGarcia Juarez Construction - 2011-08-15REC V BY — CITY CLERK RECEIPT COPY /�� Return DUPLICATE to /r �w City Clerk's Office e)after signing/dating 3 (Date) � . CITY OF HUNTIN TON BEACH INTERDEPARTMENTAL COMMUNICATION TO: ghaFi Fre+deffieh, City Treasurer MAR 09 2012 FROM:/ --I (" 1P c 7- DATE: p Ao SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. ( /CC No. ©5 -dIt MSC No. Approved J c� (Cou cil Approval Date) (company ivame) Agenda Item No City Clerk Vault No #27 g1followup/bondletter.doc RECEIVEDIBY- CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) L CITY OF HUNTINGTON BEACH AJ INTERDEPARTMENTAL COMMUNICATION TO: -S-hari-FreideRfieh, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. /4)3 lIZI04 MSC No. Approved (CounlcilApproval Date) T, X-(- 7"; (Company Name) Agenda Item No. City Clerk Vault No #27 gAollowup/bondlefter.doc City Of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Duane D. Wentworth DATE: 1 /19/1 2 SUBJECT: Retention Release Payment Company Name: Garcia Juarez Construction, Inc. Address: P.O. Box 309 City, State and Zip Code: Brea, CA 92822-0309 Phone Number: (951) 657-3535 Business License Number: A26ol 14 Local Address: N/A Notice of Completion Date:1/05/12 Contract Purpose: Water Main Construction CC-4445/1407 I Yes 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 certif that no stop notices are on file on the subject at to 91ravis K. Hopkii I certify that there are no outstanding invoices on file. dY Date Joyce 2ad is time. Public Works Director , Deputy(gity 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. 6b at Jo nn, City Jerk 1405 Retention Release 1/23/2012 10:34:00 AM 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: Duane D. Wentworth P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 1111111Il l III I111111111111111111111111111111111111111111111111 NO F E E 2012000006332 12:04pm 01/05/12 93 401 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 Garcia Juarez Construction, Inc. who was the company thereon for doing the following work to -wit: BEACH BLVD. WATERMAIN EXTENTIONS CONTRACTS-1405 & 1407 That said work was completed December 29, 2011 by said company according to plans and specifications .and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on December 29, 2011, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Guarantee Company of North America was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this December 29, 201 Director of Pubic Works or City Engineer City of Huntinglon Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Record f Orange County. Dated at Huntington Beach, California, this December 29, 2011. Director of Pu Iic Works or City Engineer This document is solely the official business of City of Huntington Beach, California the City of Huntington Beach, as contemplated under Government code section. 6103 and should be recorded free of charge. THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 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: Cc Project: e-ec..o-� 12, t 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 V 'F'ltr ` S California. (Type By: Name: Iype Title: [Type Title] A TO cU"VS cp^=lc Crry ATTORNEY Pam' s —ftS o3• ar6 • 01v 247542.1 CONTRACTOR'S CERTIFICATE I, ,-; y;^ �Cc S C>-� , state and certify that: (Name of Declarant) 1. „arefim juMr nnctrraction Inc.i�he eneral contractor to the City of Huntington Beach ("City' on Contract No. �?v (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): E 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): /tt Cr I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at P-e- r-i-- �S on this day o J� _ 20 2— APPROVED AS TO FORM By. � sJ1-7ic —IlJ 3• yo•OCQ Name: [Type Name] Title: [Type Title] 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: CC — l 41 Us /_/ le C> Project: lye,( j,�.`e -�►-� ,�~ 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 / Z-- day of e (Type Name: AType N� 4W6—j Title: [Type T e I A �gN 0 245911.1 MAINTENANCE TENANCE BOND Bond No. 12078906 Premium Included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: That: Garcia Juarez Construction, Inc. taontraMes mole] P.O. Box 309, Brea, CA 92822 jcanirmtor's sties t eddnm, rtr wd state and zip codel as Principal (hereinafter called Contractor), and: The Guarantee Company of North America USA t"Wo WWI 1800 Sutter Street, Ste. 880, Concord, CA 94520 (sung street eddraw, ply and atais and zip cadet a corporation organized and existing under the laws of the State of Michigan with its principal office in the City of Southfield as Surety (hereinafter called Surety), are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of Two Hundred Forty Four Thousand Nine Hundred Fifty and no/100 DOII rs ($, 244,950.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators. successors,, and assigns, jointly and severalty, firmly by these presents, WHEREAS, Contractor has by written agreement dated --entered into a contract with Owner for the. Water Main Extension, Beach Blvd. Liberty to Speer 6C-1405 & Water Main Extension, Beach Blvd. Talbert to Ronald CC-1407 in accordance with drawings and specifications prepared by which contract is by reference made a part hereof (hereinafter referred to as the Contract); and WHEREAS, the Contract provides that the principal will guarantee, for a period of M year, the work performed as part of the Contract from and against all defects in materials and workmanship; dnd WHEREAS, the Contract also provides that the Contactor shall secure Contractors obligations during the one- year period with a bond executed by a surety duly admitted In the state of C.aiifbmia; and WHEREAS, the Contract has been completed, and the Ourrner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be TBID 2p NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that N 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 defective materials or defective workmanship, then this obligation shall be null and void; otherwise it will remain in full force and effect The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract the Surety shall, within thirty (30) folfowing Owner's written notice of default, either: (a) remedy the default, or (b) shall promptly complete the Contract In accordance with its terms 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 terms and conditions in a timely mariner. Whenever the Principal shall be, and declared by the Owner to be in default under 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) shall promptly and fatthfully 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 available 10-Z67/50583 as ' wlork progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other cost$ 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 shag be subject to the advance written approval of the Owner. Within thirty (30) days after Surety's 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 (live to the Owner a notice, in wrung, of the Surety's election to (a) remedy the defaults) of the Principal promptly, or (b) arrange for perfamtance of the Contract promptly by a contraiclor other than the. Principal, time being of essence to this Band. In said Notice of Election, the Surety shall state the date of commencement of its cure or remedy of the Principal's default(s) 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 lotions or failure to act; and liquidated damages (or f no Dquidated damages are specified In the Contract, actual damages caused by delayed performance or non- performance by the Principal). The Surety shall give prompt w Aftn notice to the Owner upon completion of the cure or remedy of the Principal's defaults) of its performance of the Contract. If the Surety does issue its Notice of EleCtlon and does not proceed to cure or remedy the Principal's defaults) of its pelt mamce of Yne irk VAWv rti thirty (M) darts aitr se cevpt di a wnften ndke #rots; C3WMT, Stit4ety skMl to deemed to be in default on this bond, and the Owner shall be entitled to enforce any remedy available to 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 Owner. Signed and sealed this _ 4th day of January .20 12 Principal Raised Corporate Seal [MUST BE AFFIXED) Principal Raised Corporate Seal (MUST BE AFFiXEia) NOTES: penis moat be compkftd and returned as part of the bond. Raised Corporate Seats arc mandatory. Please atiech Polder of Attomey. 10-2567/50593 Garcia Juarez Construction, Inc. ontmctor Name) gy: (Seal) PAS {T,itie) The Guarantee Company of North America USA (surety Name) By: (GeaD William rkin, Attor -in-Fact State of California County of Riverside On 12, 20/�- before me, Leon Lopez, Notary Public ate Here Insert Name and Title of fhe Officer personally appeared Jim Jackson Names) of Signers) LE N I MRICOA LOPEZ NOTARY PUBLIC. CALIFORNIA CA \ RIVER d iUF COUNTY s.,i try Gc°ntn. Expires Oct.t. S, _t}44 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(,&) whose name(s) islw a subscribed to the within instrument and acknowledged to me that he/she" executed the same in his/ia� authorized capacity(iee), and that by hislhe#949w signature(4 on the instrument the person(*,, or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a fficial seal. Signature i • OPTIONAL Nq Si ature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Jim Jackson ❑ Individual Corporate Officer — Title(s): President & Secretary Partner — ❑ Limited ❑ General ❑ Attorney in Fact D Trustee Guardian or Conservator Other: Signer Is Representing: Garcia Juarez Construction, Inc. Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — 01 Partner — ❑ Limited ❑ General Attorney in Fact ❑ Trustee 11 Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association- 9M De Soto Ave.. P.O.Box 2402 -Chatsworth, CA 91313-2402-wwv(,NationalNotaryorg Item #5907 Reader. Call Toll -Free 1.800-876-6827 CALIFORNIAw�t:.�w ti aa,.-�. �� •-aN. � aS,.����R,aa.,:si.��� ��.��S,cas �S..v,. �L _ ��,w saw-aa� �v,�.., n w. �5,�"�x.A .�' F�i.,��,.�,c�� ., State of California County of Orange On 01/04/2012 before me, A. Wilkison, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(s) A. WILKISON Commission # 1866283 a -,� Notary Public - California z z + ' o Orange County D My Comm. Expires Sep 26, 2013 who proved to me on the basis of satisfactory evidence to be the person() whose name() is/ere subscribed to the within instrument and acknowledged to me that hefs4e/they executed the same in his4H90h& authorized capacityfwe), and that by his/k)er/#494 signature(} on the instrument the person(*, or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature � Place Notary Seal Above ' ' d signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Maintenance Bond No. 12078906 Document Date: 01/04/2012 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin ❑ Individual Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General p Attorney in Fact Trustee Top d thumb here Guardian or Conservator Other: Signer Is Representing: The Guarantee Company of North America USA Number of Pages: Two (2) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited l General ❑ Attorney in Fact • Trustee Top of thumb here ❑. Guardian or Conservator Other: Signer Is Representing: @2007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www,NationaINotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Sergio D. Bechara, Rebecca Ann Haas -Bates, Patricia Ann Bauer, Richard Leroy Adair Millennium Corporate Solutions, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31s` day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused GJPRpNTEF p0 this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day of April, 2010. THE GUARANTEE COMPANY OF NORTH AMERICA USA p� JyQ ~pRlti AME(L��'P STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 29th day of April, 2010 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland { My Commission Expires February 27, 2012 " ., Acting in Oakland County I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 4th day of January 2012 GJp,<ypNTEfcpy ^ A %ti �°` Randall Musselman, Secretary �RTN AME��P CONSENT OF SURETY TO REDUCTION IN OWNER ❑ OR PARTIAL RELEASE OF RETAINAGE ARCHITECT ❑ Conforms with the American Institute of CONTRACTOR ❑ Architects, AIA Document G707A Bond No.: 12078906 SURETY El OTHER ❑ TO OWNER: ARCHITECT'S PROJECT NO: (Name and address) Construction Contracts: CC-1405, CC-1407 City of Huntington Beach 200 Main Street, Huntington Beach, CA 92648 CONTRACT FOR: Water Main Extension Projects PROJECT: CONTRACT DATED: (Name and address) Beach Blvd. Water Main Extension Projects Huntington Beach, California In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insert name and address of Surety) The Guarantee Company of North America USA 1800 Sutter Street, Ste 880, Concord, CA 94520 SURETY, on bond of (Insert name and address of Contractor) Garcia Juarez Construction, Inc. P.O. Box 309, Brea, CA 92822 CONTRACTOR, hereby approves the reduction in or partial release of retainage to the Contractor as follows: Release 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 (Insert name and address of Owner) City of Huntington Beach 200 Main Street, Huntington Beach, CA 92648 ,OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: January 4, 2012 (Insert in writing the month followed by the numeric date and year.) Attest: (Seal): S-21331GEEF 12100 The Guarantee Company of North America USA (Surety) (Signature of a horized represe five) William Syrkin Attorney -in -Fact (Printed name and title) FRP THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Sergio D. Bechara, Rebecca Ann Haas -Bates, Patricia Ann Bauer, Richard Leroy Adair Millennium Corporate Solutions, Inc. its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 315` day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; arid 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below I In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 315` day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused �,O,,� this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day of April, 2010. GJPRp,NTEE �wGTHE GUARANTEE COMPANY OF NORTH AMERICA USA 1�hl AM �V STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 29th day of April, 2010 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee 0`'' Company of North America USA offices the day and year above written. Notary Public, State of Michigan P Y Y Y County of Oakland a � =� x15My Commission Expires February 2012 «~ ` Acting in Oakland County y I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 4th day of January , 2012 JP�yptiTEE C� V 'y4 ash Yz // o� G Jyc Randall Musselman, Secretary y�'Q>Yi AMER��P ' . v�l�- w�*a� n� �,.•�. a�.a�..e. nv�a,.�,.R,._ ,aa��� g.�� ,�.> � �. �. .. ai;,� caw�':-' T�� n s� �..�...s.� „�,.. w. �vca� �i State of California County of Orange On 01/04/2012 before me, A. Wilkison, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name( is/are subscribed to the within instrument and acknowledged to me that he/she/" executed the same in hisAtgec/their authorized capacityfies), and that by his/hwAhe* signature(4 on the instrument the person(*, or the entity upon behalf of A. WILKISON which the person(s� acted, executed the instrument. _ Commission # 1866283 Z I certify under PENALTY OF PERJURY under the laws Z Notary Public - California z :•_ Z Orange County ' of the State of California that the foregoing paragraph is My Comm. Expires Sep 26, 2013 true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above ' Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document- Consent of Surety Bond No. 12078906 Document Date: 01/04/2012 Number of Pages: One (1) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin ❑ Individual Corporate Officer — Title(s): Signer's Name: Individual ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General !i , Partner — ❑ Limited ❑ General 0 Attorney in Fact s Y' ❑ Attorney in Fact Trustee Top of thumb here ❑Trustee Top of thumb here L Guardian or Conservator ❑ Guardian or Conservator Other: ❑ Other: Signer Is Representing: Signer Is Representing: The Guarantee Company of North America USA 02007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder. Call Toll -Free 1-800-876-6827 RECEIVED BY: (Name) (Date) TO: 9haA FreieleigFierh, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved (Cou ciiApproval Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating (L'ompdny IVdrrlu) Agenda Item No. City Clerk Vault No.� #27 g:/followuplbondletter.doc STATE ��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, June 23, 2011 Thursday, June 30, 2011 Thursday, July 7, 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on July 14, 2011 at Los Angeles, California Ltra- Si nature tnr-tt� t;ndstructioa of ' " i. CC,iibs Wdret Mathi. tirtitdrt, 8tacli i B�foxwd.tt�aNtrpirreraaf1itW ; 4. td;"t40Y,.Wat�r ttl+a4t`i 8aai9vord,'/atbart ItrtvstoRead : :. t17Y OM Htttl 6tdt9 91 ACN r RUttLtC AIOPICf tS ttE$[t3:p OIVEA! tttat'ttre taTY tiS Ntttiifht4id7At; AEA:, AGES!r lgvitirs i ssad ,bid t} ire stxsrir .toad jrrdects" suid writ rw.c�ve, � "Elias gn flip, srtlsca rot that"City , i CT ,Sru.and fitorir,i2 �tdtri Stre:?Htla�� tors Beath ratstntnra2'vg io #tie trout"ot - 2Ud t* N o Th achy July: 1L'Afds will by psb�a� Apext its thn ioarrt;lt Gbnmt� ussfesa i nth�r�rttieptfrd,+`v � .. Cites of the f lancltat!#n, otldtaritr�at daeumtbts era Aifmdble from the Owei tot,th ` tJirrrtnr�=;pt' Rublte, Works -''� Posit r3treeC Humrattlf* t t .4i b t tt. riotrretrredab(o .foe tf ` t1jJ" u . ar paym�t°tat a` i45;i>t) `atrnrbfundabte'fee aerrt by UFS; otiriiii, A livery' - tblttder, l�li tDay addltifffiiai Gads ler`AiClaI d0hyarY , Bap ro+htracl ertterad iota purua iq tuts rspticr} wIll J110fpor4to the provisiona pt rna State t adtu Codb<' !'urtent ttf::ihe praticaions of }Mfo;ialiiu code at the' ststb` at":Giit7ornia, fhb, ratribituas riravisitirt rafe t,pnr diem w4ges tge,#'lt i craft; el4;ifl0tl0n„er�srype, at: wetkrnad foo iled' to exrctrte,t unp rt-shaJVbb tha"so detarmined byy- lot 'Direclo`r""rM`.ln&ristrt,; RetettS,ot the Sateat �;vrhicta Are 4rt Cite e0110 Office tth'o=Olrectsx p# Rubljc-Wssrks Mblri I Str�st,-�]ntirgtun�paatzl�`GA9 �= ; 11WACENCY'will, dedtict`aAO "reterritar+ frarr aifi ­ ?date--,"�paymttnts . ,Trip, "CantIF, may Rut.aitrrtea€l"a rdtiv hotdnr'surety of unt vislutl tot)ie ridentlan' 3r`s; accttrdan'ce wrote �pravi� stint#-ot the E.allfrirnla't3nuiwrr±rreat GAdeiSelGtiari 459(r tlre•Cantrncter"shttlt.;be ba titSmt"ox t at_; the' surety , and stralf_ raaalve aay.; itterest The ftGEfV4r Hereby' aftirm�traly enstiea .that Miiwrlty bHiir -ante priaetl will ba afforded �. tbti np#6funity`t$'riubmrt bids in"response to toss nxi�e nn�Yrltl"noY bn dlscrimtnate� against all lhtl; i t;% at ,feed 't0l6r rinBonat ; anesrat x: aex of ref On irr-arty ccnadesation feeding to ihnawriri.ut contrnet _ ' Nn brdLfsep b+# raftt„r>sdurilass pp�ep����d fur the dApraved P ui oaai Torms ldC-641xmerrci viith"the htatrktlans to i Bidders s•detarrained by the,AGENCY Jif bttt must be a"oofpart d 4sy, a ceriitrad chsetii cnshier'sxctreck ..o iiidslr"s no,mach , ayaaie 3p the AGENCY foram amount nit Try,, thna, "tit tRe'--amoont' bid. The arcueietz i bidder"shall be'lleensed In tucordehce with pi<rvrsicn.; of fttc Businas"s'nod Notewit'n Cade at) sHait possess _ ;*estate* Qenttactoes l,ici"r+�;,ii i�aas A"at"Cho "tfiria .ot rho".biatapenhig Tlue �+;�tut Can�iactot.and`htssuficnnt�aptors will be, i 'fiti, 41"�Ta "husstrSs_' biislo 2s.� T tenses fromthrtAGCrl Rr4itt� "srtrtRtiaos the prdjeat, canststtt of the curs, trueiioa t[J,t1Yar'gotitbie water, pipellnes, bath of urhiab- are heated wfthig $eactbt:,fiauitiaid Whiets l" 'a CillzariE right df'iaoy. fhe project coot'in+a--atipe6tini4tily 1,15O ilmrdt, feet_ of . Q-itiith hwir -d • the 3-crntflmt 031,t, Ailo the �Goiltiattbr 50 wo*ag dzy to �oscplete the uonhatcE- • the"'srgipear!e e4hifillt, air Probable cun, ` s,nrat%st ester iisr-='Use wrrrh lncirtded the bof estir iT`e AGENCY rts"Ves The right to ra"tect any, of all fzldo to, w€utri`ary arugutarity zisrd;td take A b<ds todw adviscsnartt tnr 8 emilmunr"period Of -- y BY tTl2Gkxt of too C ,C0,01401, of the, CtTIY, OF Ht N 1,1iGTitN-81 ACl# CALIFORIN1A . the.zofft day of W&Pfat 2010, R niot{oi; fi3n; D1fM•69: Alttmsts icf toao L FIrn Gl"TY (3,ERK@F THE COY"JE HUNrMTOhl HFACH ParlaJiz3ierS lfctr7tlrr�ttn Ete?elr.IndepePc?ent; Jbna 23 3Q, and, uh`7, 2: 'f t, Ad Copy: SECnONA NOTICE INVITING SEALED BIDS for the construction of I. CC 1405 Water Main Extension, Beach Boulevard, Liberty Drive to Spoor Drive 2. CC 1407 Water Main Extension, Beach Boulevard, Talbert Drive to Ronald Road 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 Thursday July 21, 2011, 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 $30.00 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 a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, Sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders 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..IDS,oi__fhe_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 - ad proof pg.1 --- C L4 S�S;B F I E r e® r DailyPilotNot y y c >9 no un Salesperson: Phone: Ad tf 34398 0 business licenses from the AGENCY. Project D�scriptiee: The project consists of the construction of two potable water pipelines, both of which are located within Beach Boulevard which is a Caltrans right of way. The project contains approximately 2:150 lineal feet of 12•inch buried pme. o The contract shall allow the Contractor 50 working days to complete the contract. • The engineer's estimate of probable construction cost for the work included in the basis of award is=5,0DD. The AGENCY reserves the right to reject any or all bids, to waiveany.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 20th day of September 2010, by Resoiution No. 2010-69. 4ttast: W,Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH 'ublishad Huntington Beach Independent June ?3.30,.and July 7..20I2 RECEIVE BY: CITY CLERK RECEIPT COPY 7 Return DUPLICATE to City Clerk's Office Cj (Name) after signing/dating �f (Date) A. CITY OF �-lUNTINGTON BEACH A INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: 67-1 .OLIIL,'�1'3 DATE: q 4 b// SUBJECT: Bond Acceptance have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty. Bond No. Re: Tract No. CC No. MSC No. Approved (Co ncil Approval Date) Agenda Item No. City Clerk Vault No #27 g1followup/bondletter.doc CALIFORNIA PRELIMINARY NOTICE IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE *** THIS IS NOT A LIEN. *** THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. NOTICE IS HEREBY GIVEN that: ROBERTSON'S 200 S MAIN ST CORONA CA 92882 (951)685-2200 Has or will Furnish labor, services, equipment, or materials, generally described as: READY MIX CONCRETE, ROCK & SAND To be furnished or furnished for the building, structure or the work of improvement described as follows: BEACH BLV-LIBERTY TO HUNTINGTON BEACH J.C.N. # 110720 Tract No. Lot No. Cert Num: 21534631 Name of Person or Firm who contracted for purchase of the labor, services, equipment, or materials is: GARCIA JUAREZ CONST INC P O BOX 309 BREA. CA 92822-0309 As estimate of the total price of said labor, services, equipment or materials is: 6,761.16 IF BILLS ARE NOT PAID IN FULL FOR THE LABOR SERVICES EQUIPMENT OR MATERIALS FURNISHED 09 TO BE FTHE LOSS THROUGH DGLO RT FORECL OSURE PROCEEDINGS, OF 4LL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAILING PAYMENT TO YOUR CONTRACTOR, OR (2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS, PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AN ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20- DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL BV CERTIFICATE OF' MAIL NG. FOR A LASS MAILEVIDENCE FAILURE TO F46TIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. TED: 11/14/2011 DA7R: EE 1� OWNER OR REPUTED OWNER OR PUBLIC AGENCY CITY OF HUNTINGTON BEACH 2000 MAIN ST FL 2 HUNTINGTON BEACCA 92648 LENDER OR REPUTED LENDER ORIGINAL OR REPUTED ORIGINAL CONTRACTOR GARCIA JUAREZ CONST INC SUBCONTRACTOR with whom claimant has contracted ALSO NOTIFIED TENANT OR BONDING AGENT TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE *****PLEASE ISSUE JOINT CHECKS***** BY R®EERTS0N'S P.O. BOX 3600 CORONA, CA 92878-3600 02 1 Ivy - " MAILED FFOrA ZIP CEDE 928,82 IMPORTANT: CALIFORNIA PRELIMINARY NOTICE CITY OF HUNTINGTON BEACH 2000 MAIN ST FL 2 HUNTINGTON BEAC CA 92648 "•^»"'.. ^`•• _ •-'—,—•':.. fi}Ii3ei�i�3}}3}}�i3t�331}}f}F�IiF}t}7 �if}}��i�Flli�i FFF-i�ilil 90092 110720 RECEIVED BY: (Name) i (Date) 11, 1'III1 , TO: Shari Freidenrich, City Treasurer FROM: Off-L , DATE: SUBJECT: Bond Acceptance have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved/r 1 (Council Approval Date) Agenda Item No. City Clerk Vault No CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating #27 g:/followup/bondletter.doc CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GARCIA JUAREZ CONSTRUCTION INC. FOR CC-1405 WATER MAIN EXTENSION, BEACH BLVD, LIBERTY DRIVE TO SPEER DRIVE. CC- 1407 WATER MAIN EXTENSION, BEACH BLVD, TALBERT AVENUE TO RONALD ROAD 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 Garcia Juarez Construction, Inc, 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 CC-1405 WATER MAIN EXTENSION, BEACH BLVD, LIBERTY DRIVE TO SPEER DRIVE. CC- 1407 WATER MAIN EXTENSION, BEACH BLVD, TALBERT AVENUE TO RONALD ROAD 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. g/agree/surfnet/cityconst 1 of 22 5110 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 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. g/agree/surfnet/cityconst 2 of 22 5110 "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; 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 glagree/surfnet/cityconst 3 of 22 5110 between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and 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 two hundred and forty four thousand, nine hundred and fifty Dollars ($244,950.00), 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 fifty (50) consecutive working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. g/agree/surfnet/cityconst 4 of 22 m 0 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all 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. g/agree/surfnet/cityconst 5 of 22 5/10 When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 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. 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 g/agree/surfnet/cityconst 6 of 22 5110 warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace 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 g/agree/surfnet/cityconst % of 22 5110 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 days delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage g/agree/surfnet/cityconst 8 of 22 5110 caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or 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 g/agree/s urfn e t/ci tycon st 9 of 22 5110 the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 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. g/agree/surfnet/cityconst 10 of 22 5/10 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the g/agree/surfnet/cityconst 11 of 22 5110 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 5110 directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. g/agree/surfnet/cityconst 13 of 22 5110 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/agree/surfnet/cityconst 14 of 22 5110 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 5110 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 5110 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/surfiiet/cityconst 17 of 22 5110 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: Duane Wentworth 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADIN TO CONTRACTOR: Garcia Juarez Construction, Inc. P.O. Box 309 Brea, CA 92822-0309 The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or g/agree/surfnet/cityconst 18 of 22 5110 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 jurisdiction g/agree/surfnet/cityconst 19 of 22 5110 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 5110 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/s ur fnet/c i tycon s t 21 Of 22 5110 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 6 IZ�7-4�: 20ZL. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal co io he. State of California Garcia Juarez Co ction, Inc. ° P.O. Box 309 Brea, C 82-030 M yor By: rty Clerk k �L pnnt name INITIA ED AND APPROVED: ITS: (circle o rma residen ice President r' AN Dir ctor of Public Works By: REVIE ND APPROVED: v c•K ` ��c c��-So �' prm ITS: (circle one) Secretary/ hief Financial Officer/Asst. y Manager Secretary - Treasurer // 7 APPROVED 4S TO FORM: City Attorney g/agree/surfnet/cityconst 22 of 22 5/10 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On A4 uo�4- /5 2011 before me, Leon Lopez, Notary Public Date } Here insert Name and Titre of the Officer personally appeared Jim Jackson Names) of S"r(s) EON NORIEGA LOPEZ "i COMM. #1907501 NOTARY PUBLIC - CALIFORNIA N RIVERSIDE COUNTY My Comm, Expires Oct. 9, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persono) whose name(. is/are subscribed to the within instrument and acknowledged to me that he/she*tey executed the same in his/ authorized capacity(ies), and that by his/Ww44& signature(4 on the instrument the person(e} or the entity upon behalf of which the person(e�acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha and official seal. Signature &,�� gnature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description. of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson ❑ Individual M Corporate Officer — Title(s): President & Secretary Partner — ❑ Limited ❑ General ❑ Attorney in Fact El Trustee Guardian or Conservator Other: Signer Is Representing: Garcia Juarez Construction, Inc. Top of thumb here Number of Pages: Signer's Name: El Individual ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General ❑ Attorney in Fact 0 Trustee Top of thumb here Ef Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association- 9350 De Soto Ave- P.O. Box 2402 -Chatsworth, CA 91313-2402- www.NafionalNotaryorg Item 415907 Reorder. Call Toll -Free t-800-876-6827 SECTION C PROPOSAL for the construction of 1. CC 1405 Water Main Extension, Beach Boulevard, Liberty Drive to Spear Drive 2. CC 1407 Water Main Extension, Beach Boulevard, Talbert Drive to Ronald Road 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 50 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 Vc-0 Ra,-d in the amount of $ lO 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: C-2 PROJECT BID SCHEDULE CC 1405 AND CC 1407 k>�e*t ............................. No ::: J�stiiciz ie l auf `::::......:::::::::: Qu.....{3................................................................ ::::::::::::::: te>au:vi'il>€1K: ut kt: tic+:::::::::::::::::::::::::::::::::::::::::::: ............................................................................... rifiEcn: is tivard ::::::::::: ::: lint Price::::: ................. : teiad:ed: : Aiiiou l:: : ................. 1 1 LS Mobilization @ (:9-C1-3f'--0Dollars $ 9COO.- $ 400C) e r Q Cents Per LS 2 1 LS Traffic Control @ (� G-5 G4-t �ollars $ .2��-' $ ,e�3D0- r 2 c'-OCents Per LS 3 1 LS Permitting, including Caltrans double permit @ C Dollars $ /OM- 2c' o Cents Per LS 4 1 EA 8-inch hot tap @ C"-` l &llars $ -COLI-"- $ sOf9(j,' D Cents Per EA 5 1150 LF 12-inch PVC DR14 or DR18 Water Pipe $ s; �; 6 (5r O Cents Per LF 6 1 EA Install pump out assembly, for 12-inch water line @ 0 Dollars $ 6000. - $ 6 G O G, — �CDrG Cents Per EA 7 1150 LF Chlorination and testing of all new water mains @ %✓ Q Dollars $ .2. $ ,9411,r O Cents Per LF 8 1 EA 2" air & Vacuum Release Valve Assembly @ /FO ..,-r 7T-t W C -SC - Dollars $ O a0,— $ 0 Cents Per EA 9 1 LS Demobilization and cleanup @ s° d �'smaAollars $ l©DG $ �3/ 6G. 27 I Cents Per LS Total Amount Bid in Figures: 5Sp -- -- ----Total Amount Bid in Words_--f-�,b--- --- - -t¢ ---�4- less-- ivrAe kAW4 red e"7,®��� Basis of Award C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange ,-Ft vA ^f ��c S ®� , being first duly sworn, deposes and says that he or she is pre s ,,, H j- of Garcia .Duarez Construction inghe 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. G®rcio arez onstruction inc- Signature of id r - P61 $ox 3a9, 8rec'- Address of Bidder Subscribed and sworn to before me this ;L I day of , 201 ( NOTARY PUBLIC LEON NORIEGA LOPEZ COoMM. #1907501 cc W- NOTARY PUBLIC o CALIFORNIA N RIVERSIDE COUNTY My Comm. Expires Oct. 9, 2014 NOTARY SEAL C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Water Main Extension Projects, Various Locations, Project Numbers CC 1405 and CC1407, (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 he performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: ty 2f, 2-0(1 Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ff No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Dater Title r-eS C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: GarciaJuarez Bidder Name Construction Inc. P.O. BOX 309 Brea, CAA 92822-0309 Business Address City, State Zip c(51 ) 6,5� 7- -a-.5 3- Telephone Number S�l 1-1/Z590i A State Contractor's License No. and Class -�- Y Original Date Issued G ct- 2o r 2- Expiration Date The work site was inspected by e c�J-1aA.'i of our office on .To * Zo , 2011 . The following are persons, firms, and corporations having a principal interest in this proposal: Garcia Juarez Construction inc. C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. " -' 5 Printed or Typed Signature Subscribed and sworn to before me this 2 k day of 2 , 201L . LEON NORIEGA LOPEZ COMM. #1907501 NOTARY PUBLIC - CALIFORNIA N RIVERSIDE COUNTY / My Comm. Expires Oct. 9, 2014 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2. 93 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 5/13/11 GARCIA TCAREZ CONSTRUCTION. INC. Contract References City of Inglewood, $245,500 "Sewer System Point Repairs" Contact: Mr. Brian Ball (310) 901-4631 Start: April 'I I - Complete: In Progress Project Summary: 52 Sewer point repairs with 8" & 10" VCP City of Huntington Beach, $392,420 "Gravity Sewer" Contact: Mr. Joe Dale (714) 536-5915 Start: February '11 - Complete: In Progress Project Summary: 580' of 8" PVC, Siphons, Flat Work, Paving City of Rancho Cucamonga, $5,786,474 "I Iellman Avenue Storm Drain Contact:. Mr. Romeo David (909) 477-2740 #4070 Start: August ' 10 - Complete: In Progress Project Summary: 5186' of 114" to 90" RCP, Catch Basins, Paving City of Huntington Beach, $228,034 "Garfield Waterline" Contact:, Mr. Eric Charlonne (714) 536-5430 Start: January'11 - Complete: February 'II (on time) Project Summary: Pipe Burst 12" Pipe City of Fullerton, $420,059 "Grandview Sewer" Contact:.Mr. Eric Villagracia (714) 738-6853 Start: Oct'10 -Complete: Dec'10 (on time) Project Summary: 1336' of 8" PVC, Street Reconstruction & Paving City of Fullerton, $253,270 "Commonwealth Storm Drain" Contact:; Mr. Pete Acosta (714) 732-9060 Start: October'10 - Complete: December'l0 (on time) Project Summary: 843' of 30" 18" RCP, Catch Basins City of Fullerton, $646,280 "Lois Lane Water/ Sewer" Contact:. Mr. Noah Hernandez (714) 606-4336 Start: July 10 -Complete: November'10 (on time) Project Summary: 2800' of water/sewer, AC Paving City of Fullerton, $1,552,871 "Drake/Brea Creek Sewer Improvements" Contact: Mr. Pete Acosta (714) 732-9060 Start: April ' l0 - Complete: September'10 (on time) Project Summary: 5500' of 8" VCP, AC Paving City, of San Clemente, $504,874 "Del Cabo Waterline Improvements" Contact:,Mr. Greg Deist (949) 337-3139 Start: March'10 - Complete: June'10 (on time). Project Summary: 3500' of 10" & 8" PVC, Services City of Huntington Beach, $864,834 "B 1 uil1! o p Beach Improvements" Contact: Mr. Eric Charlonne (714) 536-5430 Start: December '09 - Complete: July'10 (on time) Contact:: Mr. Duane Wentworth (714) 536-5517 Project Summary: 9000' of 3" PVC, Retaining Walls, AC Bike Path 5/13/11 Helix Water District, $809,014 "Pipeline Project 1818" Contact: Mr. Jim Tomasulo (619) 596-1317 Start: Decem ber ' 09 - Complete: June '10 (on time) Contact: Mr. Greg Gibbs (619) 873-5670 Project Summary: 7200' of 8" PVC, Hi -line, AC Paving City of Lynwood, $289,983 "Waldorf Watermain" Contact Mr. Mario Soto (310) 628-2695 Start: February'10 - Complete: March'10 (on time) Project Summary: 1080' of 8" DIP, Street Overlay City of Huntington Beach, $745,801 "B-,vview Drive W itermain Replacement" Contact: Mr. Ruben Rosales (714) 318-4811 Start: October '09 - Complete: March'10 (on time) Project Summary: 1367' of 8" PVC, Services, Dewatering City of Fountain Valley, $1,029,629 "16 - Transmission Main" Contact: Mr. Mike Green (714) 593- 4607 Start: August '09 - Complete: Pebruary'10 (on time) Contact: Bob Kellison (714) 593-4601 Project Summary: 3117' of 16" CML & C Steel Pipe, AC Paving City of Fullerton, $567,760 "Carbart Storm Drain" Contact: Mr. Eric Villagracia (714) 738-6853 Start: August '09 -Complete: October'09 (on time) Project Summary: 1924' of 24" & 18" RCP, Catch Basins, AC Paving Monte Vista Water District, $385,773 Rose Avenue Pipeline" Contact: Mr. Gil Martinez (909) 210-5330 Start: July '09 - Complete: r�ovember'09 (on time) Project Summary: 1435' of 6" DI Pipe, AC Paving, Pressure Relief Statio_i City of Highland, $755,246 "\',farm Creek Storm Drain" Contact: Mr. George Herold (909) 234-1001 Start: June '09 - Complete: Scptember'09 (on time) Project Summary: 3011' of 48" to 18" RCP, Manholes, Cater 13isir,s, AC Paving City of Fullerton, $1,266,873Area Sewer" Contact: Mr. Pete Acosta (714) 732-9060 Start: April ,0-) - Cor._pic:c: September'09 (on time) Project Summary: 4176' of 8" VCP, 630' of Pipe Bursting, 2796' TNS of AC Paving Los Angeles County Dept. of Public Works, $136,475".OS C : s Drainage System" Contact: Mr. Victor Bermudez (626) 688-8275 Start:.,; ; 0 - Co:: '. te: June'09 (on time) Project Summary: Restoration and Repair of Existing Concre to Channel RY Engineering, $207,466 V, :!i Rogers State Park" Contact:: Mr. Raffle Yeremian (818) 480-8966 Start: 1'el;runry 9 - Cor-�,Vc . A-{.ay'09 (on time) Project Summary: Exterior Fire System, 500' of 6" PVC RY Engineering, $298,000 "Terrace Apartments" Contact:, Mr. Raffle Yeremian (818) 480-8966 Start: h :"> - 1'ebruary'09 (on time) Project Summary: 818' of 12" PVC, Services, Reinforced " 1)r,i:: ` Sewer Main 5/13/11 Golden Rain Foundation, $257,495 Contact Mr. Kevin Black (562) 431-6586 Project Summary: AC Paving, Flat Work "Trost Street Paving Program" Start: October '08 - Comi)lctc: January'09 (on time) City of Fullerton, $1,586,838 "Ca -hart Area Sewer" Contact: -Mr. Noah Hernandez (714) 606-4336 Start: February ' 09 - Co mp! ete: June '09 (on time) Project Summary: 7767' of 8" VCP, 2600 TNS of AC Pavia 341' of Pipe Bt.,rstang Los Angeles County Dept. of Public Works, $339,180 "` `.ountain Avenue" Contact: Mr. Leo Lopez (626) 607-7579 Start: )k-i::trch '09 — Co. : I te: April '09 (on time) Project Summary: 1650 TNS of AC Paving, Flatwork City of Anaheim, $392,018 La t `' -v' cr Improvements" Contact: Mr. Greg Solberg (714) 231-4696 Start: No,,,,cr,'-Ier '08 - Ccc,c: !'v!:1rch'09 (on time) Project Summary: 972' of 12" VCP, OCSD Manhole, Pav',n( Los Angeles County Dept. of Public Works, $1,773,356 "P... , ........ !dam Waterline" Contact: Mr. Jose Ontiveros (626) 476-4894 Start: Cctobcr "' - Cc::. _.c: April'09 (on time) Project Summary: 6000' of 10" and 6" Fusion Bonded Steel Pipe City of Anaheim, $572,821 : Avenue Sewer" Contact: Mr. Sean Razmy (714) 765-5059 Start: Deeeml­_ - '08 — Com,;lc'c: -_•IMr°.iary'08 (on time) Contact:: Mr. Dave Elseroad (714) 765-5293 Project Summary: 2100' of 12" and 10" VCP, 90, Los Angeles County Dept. of Public Works, $229,914 ! c !' sser Street Drain" Contact: Mr. Victor Bermudez (626) 688-8275 Start: Se;�t. '!`;, - Co:,:; : _. ; . •ber '08 (on time) Project Summary: 405' of Pre -cast Box and Elliptical RC!,'! Los Angeles County Dept. of Public'Alorks, $821,465 . :I:; and CDR 524" Contact: Mr. Jose Ontiveros (626) 476-4894 Start: Aii,_,t­' "' -::�ber'08 (on time) Project Summary2450' of 36".and 30" RCP; Manholes, C.,tc�i Los Angeles County Dept. of Public Works, $563,616 rna Road Drain" Contact: Mr. John Lovrensky (626) 607-7582 Start: ` iher '08 (on time) Proj ect Summary: 1208' of 48" and 3 0" RCP, Manhol es, C� t i Orange County Water Distriet,$68,000 "Burris Pipeline" Contact: Mr. Chris Olsen (714) 514-9028 Start:.lui_,/ Cot.:,'�'�_'-�:.',utust'08 (ontime) Project Summary: 200' of 36" CML &C Steel Pipe City of Tustin $384,104 Storm Drain" Contact: Mr. Tom Murphy (714) 573-3167 Star!:. " `' - _ ust'08 (on time) Contact: Mr. Terry Lutz (714) 57 3-3263 Project Summary: 628' of 30" and 24" RCP, 205' of 8" B' .' 5/13/11 Inland Empire Utilities Agency, S1,036,060 "E4,1v1:,.mla Rccyci.ed Waterline" Contact: Mr. Mike Long (909) 773-2610 Start: A -In! '0" - C:o:: i,,1!v'08 (ontime) Project Summary: 1768' of 4 2" CN4LRC Steel Pipe. 1'a vI m,'. City of Anaheim, $2,1535755 �, , ; smission Main" Contact: Mr. Manny Briones (949) 466-6701 Start::! 08 - Cc:,: ' _ ,vlay '08 (on time) Contact: Mr. John Lamar (714) 765-4591 Project Summary: 3509' of 30" C\/1LcLC Steel Pipe, Pavirig, Slurry `',c :l City of Ontario, $1,533,759 _ r Pipeline Project" Contact: Mr. Fernando Cobos (909) 395-2695 Start: Fc - List '08 (on time) Project Summary: 8003' of 12" and 8" Steel and PVC Pi City of Rancho Palos Verdes, $1tt2,259 1'oi!�t Vi�cr��. :il Repair Project" Contact:, Ms. Bindu Vaish (310) _S,:4-5254 Star.: .,.:!y'08 (on time) Project Summary: Rehabilit-:te TrLiil and Handrail Al�)n,� City of Anaheim, $1,020,260 i..; ;: Avemte Sewer" Contact Mr. Jay Kalan (714) 369-2081 Start: June; '07 - Complci : '07 (on time) Contact: Mr. Sean Razmy (714) 7 6 5 - 5 0 5 9 Project Summary: 3255' of 15 ;1-,c1 10" VCP, Manholes, Pavinsg Los Angeles County Dept. o_'Puhi:c 1Vorlcs, $17470" l cement. Project" Contact Mr. Jose Ontiveros (626) 476-4894 '07 (on time) Project Summary: 595' of 24" and 18" RCP, Catch 1.3asins; City of Rosemead,$749,507 "Street, Stori-,-,.Di; , and Street Lighting" Contact: Mr. Tom Harbour (417;1 7 ; 0-2898 Star!: 1. '07 - ;;c;r _ct�. Rine '07 (on time) Project Summary: 801' of 24'' l�C!', 8 76' of Street Lid ht City of Rancho Palos Verde, 3 k "' " w»,2?v Contact: Ms. Bindu Vaish (3 10) -3344-5254 Start: Decem'- ";71_._:. _uy '07 (on time) Contactt Mr. Jim Pugh (805) 602-0891 Project Summary: 350' of 24" J-1DP1_;1'ipe, Pipe Anchors, County of Orange, $6,168,7t! 'J" ' 2,Ncr Conversion" Contact: Mr. Rick Allen (71 ,) 4! 3 - 8,5) 32 `_: c - r ' 07 (oil time) Project Summary: 12,594' o'' 8" . :rid DIP, K) City of Huntington Beach, S4. 2 "OC:-9 , , c :...'Ismission Main" Contact: Mr. Mike Hitt (714+ -_ . Start:: Dcce:- ..<<ch'07 (ontime) Project Summary: 12,152' oF2,! .. `,iphons, 13to%v Los Angeles County Dept. o' P: �'. " k-s, S455,581 �.v� xtn Drain" Contact Mr. Johnny Oghoc: iii ";7-7587 n time) Project Summary: 926' of Cl i? CP, Catci::�,!:;i;.... . 5/13/11 City of Fullerton, $1,987,(?32. Ross! ynn Sewer" Contacts: Mr. Eliseo Bravo (7 14) 9332 - 7506 S:_., 1: .! ...... OCC.0") (on time) Contacts: Mr. Murdock Mir-atate (714) 595-6720 Project Summary: 553 7' of 2 1 " and 8" " VCP, Manholes, Jack 42 Casing, Pav Western Municipal Water District. S275,594 ]Z_­ld Irrigation Pipeline" Contact; Mr. Greg Alexander (95 1) 7/ 112 -6566 Dcc '05 - Jan '00' (on time) Project Summary: 2888' ofj . I , — -offs, I Golden Rain Foundation, � 13 1;,1 ( _5 "Tc;-ili-icter W,­,111 Section G&H" Contact: Mr. Carlos Martljiez ,562) 4_3 1-6586 (/3711) Dcc _'05) - Jan'06 (on time) Project Summary: 3127' ol'Penn-Ic(cr Block Wall Los Angeles County Dept.,) S2,147,168 ..ahn Drain" Contact: Mr. Mark Bruscl -Ti time) ' Project Summary: 461' lion City City of San Clemente, $," ;:11 ;rain" Contact: Mr. Gary Vobo I :.y _)1730 S t._I, i', T time) Project Summary: 214 8 ' 0 of 8" PVC , a _SPqvink; Los Angeles County Deft. Rc,­1.­.c­o-­ient" Contact: Mr. Joe Baker (5 r C "opt '05 (0n time) Project Summary: Street City of Palos Verdes Est i << \Valr' Contact: Mr. Jim Pugh ',.)li time) Project Summary: Reinfor( `!Ics for County of Orange, $189,.'-, Contact: Mr. Rick Alle n I i me) Project Summary: Reinf( Los Angeles County De l S, s 17" Contact:, Mr. Rene Brac 9 2 7(- time) Project Summary: 6W The Guarantee Company of North America USA 25800 Northwestern Highway, Suite 720, Southfield, MI 48075 BOND NO. n/a KNOW ALL MEN BY THESE PRESENTS, That we, _Garcia Juarez Construction, Inc. as Principal, and The Guarantee Company of North America USA, a corporation duly organized under the laws of the State of Michigan, as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of Ten percent of amount bid 10% of Bid Amount ) Dollars for the payment of which Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Principal has submitted a bid for CC 1405 Water Main Extension CC 1407 Water Main Extension the Project. NOW, THEREFORE, if the Obligee accepts the bid of the Principal and the Principal enters into a Contract with the Obligee for the Project; or, if the Principal pays the Obligee the amount of this Bond or the difference between Principal's bid and the next lowest bid for the Project, whichever is less: this obligation is null and void, otherwise to remain in full force and effect. Signed and sealed this 18th day of July , 2011 rcia JuaYez Construction. Inc. (Witness) �/� Principal ITS: ��QS The Guarantee Com of North America USA BY: Willia Syrkin Attorney -In -Fact ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On before me, Leon Lopez, Notary Public Date Hera Insert Name and Tft of the Officer personally appeared Jim Jackson Name(s) of sigmas) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(O istwe -subscribed to the within instrument and acknowledged to me that he/sheftheq executed the same in him authorized capacity(iee), and that by his/ger,F h9iF signature(&} on the instrument the person(*,, or the entity upon behalf of which the person(e}acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws LEON NORIEGA LOPEZ of the State .of California that the foregoing paragraph is COMM. #1907501 true and correct. NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY CD M Comm. Expires Oct. 9, 2014 WITNESS my hand fficial seal. y Signature Place Notary Seal Above i nature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fort to another document. Description. of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson Signets Name: ❑ Individual ❑ Individual M Corporate Officer — Title(s): President & Secretary ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact - CO. Attorney in Fact :j Trustee Top of thumb here p Trustee Top of thumb here ❑ Guardian or Conservator i ' Guardian or Conservator TO Other: ❑ Other: Signer Is Representing: Signer Is Representing: Garcia Juarez Construction, Inc. 02W7 National Notary Association • 93M De Soto Ave.. P.O. Box 24M -Chatsworth, CA 91313-2402- wwxf.Nafions1Notw.org Item M5907 Reader. Calf Tod -Free 1-8D0-876-W7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT sa . • sa,, � .. , �..ay. >�� aS.� a.R,. _ a�.��� e�.� 3s;�aC.�w �L _ � saa<�:s� _ a .. a�. �..s�a �.� 9.,s�' �a cam. State of California County of Orange On 07/18/11 before me, A. Wilkison, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(s) r7`_7 �7 A. WILKISON Commission # 1866283 Public - California z Notary � i� �:`t � �-w> �Y,, Orange County r Ptly Comm. Expires Sep 26, 2013 a.1 „ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/afe subscribed to the within instrument and acknowledged to me that he/fey executed the same in his/lei; authorized capacityoes), and that by his/ signature(&} on the instrument the person(*, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SignatureJc;=/ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 07/18/11 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin El Individual Corporate Officer — Title(s): G Partner — L Limited O General p Attorney in Fact • u Trustee Guardian or Conservator Other: Signer Is Representing The Guarantee Company of North America USA Topf thumb here Number of Pages: One (1 Signer's Name: El Individual Corporate Officer — Title(s): 1 Partner — D Limited 0i General D. Attorney in Fact C Trustee u Guardian or Conservator ❑ Other: Signer Is Representing: WEIR Top of thumb here 02007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNolaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6627 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Sergio D. Bechara, Rebecca Ann Haas -Bates, Patricia Ann Bauer, Richard Leroy Adair Millennium Corporate Solutions, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 3151 day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 315f day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused cps this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day of April, 2010. �JPapN7EE ~� GTHE GUARANTEE COMPANY OF NORTH AMERICA USA ypRTH AMER�uP A STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 29th day of April, 2010 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public., State of Michigan Company of North America USA offices the day and year above written. 4 * County of Oakland My Commission Expires February 27,2092 /iJ 0 Acting in Oakland County I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 18th day of July 2011 GJP�yp.NTEE'Cp�i o rya Randall Musselman, Secretary yp'Q%'y AMER�GP P.O. Box. 309 Brea, CA 92822-0309 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk September 1, 2011 Garcia Juarez Construction, Inc. P. O. Box 309 Brea, CA 92822-0309 Re: Watermain Extensions — CC-1405 & CC-1407 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific . wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5437. Sincerely, an L. Flynn, CIVIC ity Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) gSi&WpGidetnt00cqrJiapano# Waitakere, New Zealand 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 1.1246, 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 Califorua that the foregoing is true and correct. Executed this day of 1 , 20_, at I , California. (Type Contractor Name) By: Name: [Type Name] eiJRA Title: [Type Title] E IF R A c7RNEY 1L) 3-2Y6-U1 245911 1 CONTRACTOR'S CERTIFICATE I, , state and certify that: (Name of Declarant) 1. is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract' for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of , 20_ APPROVED AS TO FORM By: 1 Ala - U 3. Jo of P Name: [Type Name] Title: [Type Title] (Signature of Declarant) 1 2459141 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: Title: [Type Name] [Type Title] California. -1Ly o3•ab -0- o 247542.1 RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL, COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: 67-1 DATE: !2 SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. S' MSC No. Approved U (�l (Co ncil Approval Date) Agenda Item No City Clerk Vault No #27 g:/followup/bondletter.doc Executed in Two Counterparts Bond No. _12078906 Premium Included in Performance Bond _Mt — s :1 , Al KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to Garcia Juarez Construction Inc. 4517 Wade Avenue Perris, CA-92571 (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: Water Main Extension, Beach Blvd. Liberty to Speer CC-1405 & Water Main Extension, Beach Blvd. Talbert to Ronald CC-1407 (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 Guarantee Company of North America USA 1800 Sutter Street, Ste, 880, Concord, CA 94520 (name and address of surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of Two Hundred Forty Four Thousand Nine Hundred Fifty and no/100 dollars, ($ 244,950.00 ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1776, 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 attomey'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 noty shall in any way affect, impair or release the obligations of Surety under this bond_ Surety hereby waives notice of any such change, PAYMENT BOND Page 1 of 2 Bond No_ 12078906 extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS 1NHEROF, 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 property execute this bond. Dated: August 12, 2011 ATTEST (Corporate Seal) ATTEST (Corporate Seal) (Attach Attorney -in -Fact Certificate) Garcia Juarez C uc ' n, Inc. By: r.. Its: The Guarantee Company of North America USA (Surety Name) Name:, ill' S rkin, At me -in-Fact (Signs amey-in-Fact for Surety) 9( 25 i 566-6040 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH 4M- ay E 1 t A&� - 4ennifttorney rash sh S/04 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 attamey--in-fact must be attached. 277589.1 PAYMENT BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE State of California County of Riverside On /5, 20/1 before me, Leon Lopez, Notary Public Date ' Here Insert Name and TRIe of the Officer personally appeared Jim Jackson Names) of signer(s) * LEON NORIEGA LOPEZ COMM. #1907501 � NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY My Comm. Expires Oct. 9, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/a subscribed to the within instrument and acknowledged to me that he/fit executed the same in hisftfi4hais authorized capacity(), and that by his1haW#,,& signature(4 on the instrument the person(&}, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand icial seal. Signature n ture of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson ❑ Individual 8 Corporate Officer —Title( S): President & Secretary FIN Partner — ❑ Limited ❑ General ❑ Attorney in FactED - Trustee Top of thumb here Guardian or Conservator Other: Signer Is Representing: Garcia Juarez Construction, Inc. Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Attorney in Fact ❑ Trustee L. Guardian or Conservator Other: Signer Is Representing: OF'SIG14ER Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.Natlona]Nataryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 08/12/11 before me, A. Wilkison, Notary Public Date Here Insert Name and Ttlle of the Officer personally appeared William Syrkin Names) of Signer(s) A. 1'vILKISON Commission # 1Z365283 Notary Public - California D Orange County ` ivly Comm. Expires Sep 26, 2013 Place Notary Seat Above who proved to me on the basis of satisfactory evidence to be the person(-&) whose name( is/ere subscribed to the within instrument and acknowledged to me that he/sheftl°my executed the same in his/WW4iei; authorized capacity(ies), and that by his/hes4heif 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. WITNESS my hand and official seal. ll Signature � Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond No. 12078906 Document Date: 08/12/11 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin ❑ Individual Corporate Officer— Title(s): _ Partner — ❑ Limited ❑ General p Attorney in Fact u Trustee Guardian or Conservator El Other: Signer Is Representing: The Guarantee Company of North America USA RIGHT Ti�IU OPPRI#Tf pF,SIGNIER',Top of thumb here Number of Pages: Two (2) Signer's Name: Individual ❑ Corporate Officer— Title(s): _ I Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee L7 Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Sergio D. Bechara, Rebecca Ann Haas -Bates, Patricia Ann Bauer, Richard Leroy Adair Millennium Corporate Solutions, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 3151 day cf December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 3151 day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day F� P`_J.npNTEE p0 �9< of April, 2010. G THE GUARANTEE COMPANY OF NORTH AMERICA USA o� G gQ J ']� �RrMAMEa��' STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 29th day of April, 2010 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee (Votary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland My Commission Expires February 27, 2012 Acting in Oakland County I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 12th day of August ?011 J�yp.NTEf �.Q 6 (gyp Jg� Randall Musselman, Secretary �R)''H AME.a��P .. Executed in Two Counterparts Bond No. 12078906 Premium: $2,205.00 Premium is for contract term and is subject to adjustment based on final contract price PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, Gity of Huntington Beach (hereinafter referred to as "Cly) has, by written agreement dated. 20 , entered into a Contract with Garcia Juarez Construction, Inc. 4517 Wade Avenue, Perris, CA 92571 (name and address of Contractor) (hereinafter referred to as "Principal" J, for performance of the work described as follows: Water Main Extension, Beach Blvd. Liberty to Speer CC-1405 & Water Main Extension, Beach Blvd. Talbert to Ronald CC-1407 (Project Tide) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), we rcoWated hemyi by th s refe+rencs made s past hem( as Owagh set, "h hemn sn 1W, WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract NOW THEREFORE, we, the undersigned, as Principal, and The Guarantee Company of North America USA 1800 Sutter Street, Ste. 880, Concord, CA 94520 (name and address of Surety) j (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as I I "Surety ), as Surety are held and firmly bound unto City in the penal sum of Two Hundred Forty Four Thousand Nine Hundred Fifty and no/100 j, Dollars ($ 244,950.00 _ _j, 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 I 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 air moffmo from time to lime; and it " Ptindlral slyA r4ammily anti save hwnless- City and 65 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 shah 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 :r591.1 PERFORMANCE BOND Page 1 of 2 Bond No. 12078906_ any other alteration, change, deletion, addition or other modification to the Contract, of the work to be performed thereunder, and agrees to automatically ac just Yne penal sum of this Bond to ragiec t such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide wd ten cgnfumatiion 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 obligabions of this Bond shall survive the completion of the worst described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the Individuals signing this instrument have been duly authorized pursuant to the authority of its goveming body. Surety, by execution of this mod, waives any deftnss wtvah Surety has or may have by ceason of any failure of the Principal to execute or properly execute this bond. Dated: August 12, 2011 ATTEST (Corporate Seal) 1 lue: T ' .CC'=:� ATTEST The Guarantee Company of North. America USA (Corporate Seal) (Surety Name) By: Nam ; iliia Syr intorne -in-Fact (Sign re ttarney-In-Fact for Surety) (Attach Attorney -in -Fact Certificate) 9(. 25) 566-6040 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY Q WNTiNGTON BEACH t By- ennifer McGirath sty Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized; and evidence. of the authodiy of WY parson signing as attomeY-in-fact must be attached. 277591.1 PERFORMANCE BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r.��!a��s3��c�:aS sj� :�S,: �S a���s�'�'�S..nR� ��1�.•.�5 C!�S..c�S a'�:�5 c f��.i.TZti � i.�.�s�v� a';a..c_�..�... 1'%yc�i� a.: \5.�.7�..: ��..:��;�Sw:3. State of California County of Riverside On /S.2p/1 before me, Leon Lopez, Notary Public Dates Here Insert Name and Title of the Officer personally appeared Jim Jackson Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he%l`tMhey executed the same in his/t authorized capacity(), and that by hisilhe0 & signature(4 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 LEON NORIEGA LOPEZ of the State of California that the foregoing paragraph is COMM. #1907501 true and correct. NOTARY PUBLIC - CALIFORNIA Cn RIVERSIDE COUNTY My Comm. Expires Oct. 9, 2014 WITNESS my hand n icial seal. re ' Place Notary Seal Above SignatuSi a re of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ individual Jim Jackson M Corporate Officer — Title(s): President & Secretary Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact • - El Trustee Top of thumb here L—� Guardian or Conservator Other: Signer Is Representing: Garcia Juarez Construction, Inc. Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General El Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: °RUGHT T1tUMBPRINT OF'SIGNER —To—p-71—th—UMT here •.viys'✓ 'aJ�.: e. -✓:'y'.-a,:'✓.-yr-✓G'✓ri •✓ •rri•riG'r�✓.ri •✓:v '✓i-y.'y •U '✓<-�:v<'✓<'.v�-a�L'y •✓t'ar5 •y.•rit,�u •.� •.v •.v •✓ •✓ -y 'uG'ei :v CALIFORNIA ALL-PURPOSEACKNOWLEDGMENT State of California County of Orange On 08/12/11 before me, A. Wilkison, Notary Public I Date Here Insert Name and Title of the Officer . . personally appeared William Syrkin Name(s) of Signer(s) m A. WILKISON p �­ :..±, Commission #f 1896283 Notary Public -California z ` n Orange County f IMy Comm. Expires Sep 26, 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/sheMiey executed the same in his/he4hsix authorized capacity(iee), and that by hislheWtA& signature(4 on the instrument the person(*, or the entity upon behalf of which the person f s} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �jSignature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Performance Bond No. 12078906 Document Date: 08/12/11 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin D Individual Corporate Officer — Title(s): Partner — ❑ Limited ❑ General p Attorney in Fact Ej Trustee Guardian or Conservator Other: Signer Is Representing: The Guarantee Company of North America USA RIGH-THUMBPRINT OF SIGNER lop Of thuMb here Number of Pages: Two (2) Signer's Name: Individual ❑ Corporate Officer—Title(s): _ 01 Partner — ❑ Limited ❑ General Attorney in Fact Trustee El Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUPoif3PRIF;T OF S€Gt,FR 02007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Sergio D. Bechara, Rebecca Ann Haas -Bates, Patricia Ann Bauer, Richard Leroy Adair Millennium Corporate Solutions, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31" day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused CO,y this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day of April, 2010. OJOµpNTEE FZ 7j THE GUARANTEE COMPANY OF NORTH AMERICA USA O. JyQ n 147 STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 29th day of April, 2010 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland - My Commission Expires February 27, 2012j _ I Acting in Oakland County iL�-�Z.��/ I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 12th day of August ?011 GJP�ypNTEE c�'bo Ilk o- JyQ Randall Musselman, Secretary yORTN AME��GP 1. Requested by: Public Works 2. Date: August 22, 2011 3. Name of contractor/permittee: Garcia Juarez Construction, Inc. 4. Description of work to be performed: Capital Water Construction 5. Value and length of contract: $149,870.00 8/29/11 to 1/1/12 6. Waiver/modification request: General Liability 7. Reason for request and why it should be granted: Non -Admitted Carrier 8. Identify the risks to the City in approving this waiver/modification: None Department Heiad nature kq - ZZ ( Date: 1408 Insurance Waiver Fonn.doc 8/22/2011 11:26:00 AM Sliw DCERTIFICATE OF LIABILITY INSURANCE 12212011�) [ITE PRODUCER Phone: 877-587-4999 Fax: (877) 373-5608 BACCARELLA INSURANCE SERVICES, INC. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6864 INDIANA AVE. # 201 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR RIVERSIDE CA 92506 ALTER THE VE E AFEQRDED BY THE P LI IE BEL W. INSURERS AFFORDING COVERAGE NAIC # INSURED GARCIA JUAREZ CONSTRUCTION, INC P.O BOX 309 BREA CA 92822-0309 INSURER A: Interstate Fire & Casualty 22829 INSURER B: Delos Insurance Company 35408 INSURER C: Admiral Insurance Company 24856 INSURER D: Companion Property & Casualty Ins. Co 12157 INSURER E: .R•Xva:fsi93a-] THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD' INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/D POLICY EXPIRATION DATELMMIDEM LIMITS GENERAL LIABILITY SGL1002533 12/03/10 12/03/11 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY MADE OCCUR DAMAGE SET EaENTEence) PREMCLAIMS $ 50,000 MED. EXP (Any one person) $ Excluded A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY MPRO- LOC PRODUCTS - COMP/OP AGG $ 2,000,000 AUTOMOBILE LIABILITY X ANY AUTO DPA5503441 12/03/10 12/03/11 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ B X HIRED AUTOS X NON OWNED AUTOS �p ED A [ 7� ^ F ll BODILY INJURY (Per accident) $ JF IF R 1V(CCi L0 p H, Cl to (Per OaccidenPERTYgAMAGE $ GARAGE LIABILITY I AUTO ONLY -EA ACCIDENT $ ANY AUTO c OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY X OCCUR a CLAIMS MADE EX00001213905 12/03/10 12/03/11 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 C $ DEDUCTIBLE $ RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) CPCA13372 07/11/11 07/11/12 X I 'TOR IMITS OTHER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 R yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS SEE SUPPLEMENTAL CERTIFICATE INFORMATION CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 Attention: ACORD 25 (2009/01) Certificate # 69622 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30• DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 01988-2009 ACORD CORPORATION_ All riahts reserved The ACORD name and logo are registered marks of ACORD Certificate # 69622 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25 (2009/01) POLICY NUMBER: SGL1002533 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional in- sured on your policy. City of Huntington Beach, its agents, officers, and employees while acting within the scope of their duties, against any and all claims arising out or in connection with the project. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 1185 A THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 0410 93 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Policy No. 12:01 A.M. standard time SGL1002533 I Named Insured Countersigned by Garcia Juarez Construction Inc. Elizabeth Vanden Akker (Authorized Representative) SCHEDULE Name of Person or Organization: Any person or organization when you and such person or organization have agreed in writing In a contract or agreement that you will waive any right of recovery against such person or organization. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV —COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the 'products -completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. CL 676 (10-93) CG 24 04 10 93elec.APS Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 Policy Number: SUL1002533 AMENDMENT OF OTHER INSURANCE CONDITION - PRIMARY INSURANCE FOR AUTOMATIC STATUS ADDITIONAL. INSURED THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART If required under a written "insured contract' with you, paragraph a. Primary Insurance in SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4.Other Insurance is amended by adding the following paragraph: Not withstanding the foregoing, the insurance afforded to any person or organization who has been added to this policy by an Automatic Status Additional Insured Endorsement is primary and non- contributory insurance, but only as respects "bodily injury" or "property damage" liability arising out of your sole negligence in performance of "your work" after the effective date of this policy under a written contract between you and such person or organization that requires you to maintain primary and non- contributory insurance and to include such person or organization as an additional insured thereunder. All other terms and conditions of this policy remain unchanged. ICB-8016 06-05 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Any person or organization for whom the insured has a written contract requiring waiver of subrogation. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective Policy No CPCA13372 Insured: Garcia Juarez Construction, Inc. Premium WC000313 01983 National Council on Compensation Insurance. List of Approved Surplus Line Insurers (LASLI) Page 1 of 4 asurers Overview / Insurers / 13ulletins &Notices / List of Approved Surplus Line Insurers (LASLI) 31n-smr-pr5 Qnin't eN1 lnsurer� Applications. Forms _& Filings 13sL�tiC�.�_d4tl4e� Programs Officially Filed Reports of Examination OASIS Legal Information Data & Reports COIN P&C Rate Filing Health Insurance Rate Fllinps Quick Links -Forinsurers- CONSUMERS: LIST OF APPROVED SURPLUS LINE INSURERS (LASLI) Please use the "FIND" option in the "EDIT" menu of your browser to search for a particular company. List of all Lloyds of London Syndicates approved for the LASLI list AS OF: July 21, 2011 AIB-DIE-G[H-LIM- JO-Z A INSURER DATE APPROVED Acceptance Casualty Insurance Company (Nebraska) 10/23/2007 ACE European Group Limited (U.K.) 6/20/2007 Admiral Insurance Company (Delaware) 6/30/1995 driatic Insurance Company (North Dakota) 6/30/1995 IX Specialty Insurance Company (Delaware) 6/05/2009 Ilianz Global Corporate & Specialty AG (Germany) Name Changed from Allianz Marine & Aviation Versicherungs-AG effective 07/28/2006) /16/2004 Illed World National Assurance Company (New Hampshire) Name changed from Newmarket Underwriters Insurance Company effective 10/03/2007) 12/18/1997 (terra Excess & Surplus Insurance Company (Delaware) (Name changed from Alterra Specialty Insurance Company effective 09/27/2010. Name changed from 6/19/2008 Max Specialty Insurance Company effective 05/13/2010) American Empire Surplus Lines Insurance Company (Delaware) /01/1995 American Safety Indemnity Company (Oklahoma) 11/20/1996 Name changed from Trafalgar Insurance Company effective 04/10/2000) American Western Home Insurance Company (Oklahoma) /01/1995 Arch- Insurance Company (Europe) Limited (U.K.) 10/19/2009 rch Specialty Insurance Company (Nebraska) (Name changed from Rock River Insurance Company effective 08/O1/2002) 9/01/1995 (Domicile changed from Wisconsin to Nebraska effective 12/28/2006) riel Reinsurance Company Ltd. (Bermuda) 10/08/2010 pen Insurance UK Limited (U.K.) 12/29/20D4 span Specialty Insurance Company (North Dakota) Name changed from Dakota Specialty Insurance Company, effective 10/22/2003) 3/03/1998 ssociated Electric & Gas Insurance Services Limited (Bermuda) 11/03/199S antic Casualty Insurance Company (North Carolina) 7/16/2009 viva International Insurance Limited (U.K.) (Name Changed from CGU Intemational Insurance PLC effective 09/01/2006) 12/22/1995 XA Corporate Solutions Assurance (France) 8/14/2003 IS Specialty Europe Limited (Ireland) /20/2007 XIS Surplus Insurance Company(Illinois) Name changed from Sheffield Insurance Corporation effective 06/09/2003) 12/15/1995 B-D INSURER DATE APPROVED Berkley Assurance -Company (Iowa) 7/20/2011 Berkshire Hathaway International Insurance Limited (UK) /01/2008 e British Aviation Insurance Company Limited (UK) 12/01/1995 Bu 7 1 95 Capitol Spedalty In Corporation (Wisconsin) 5/15/2008 .. Catlin Insurance Company UK Limited (U.K.) /10/2007 Catlin Specialty Insurance Company (Delaware) Name changed from Wellington Specialty Insurance Company effective 03/31/2007) 6/14/2006 hq://www.insurance.ca.gov/0250-insurers/0300-insurers/0200-bulletins/surplus-line/inde... 8/ 16/2011 List of Approved Surplus Line Insurers (LASLI) Page 2 of 4 Century Surety Company (Ohio) 9/01/1995 Chartis Select Insurance Company (Delaware) Name changed from AIG Excess Liability Insurance Company Ltd. effective 11/01/2009. Name changed from tarr Excess Liability Insurance Company, Ltd. effective 07/31/2007) 12/01/1999 hartis Specialty Insurance Company (Illinois) (Name changed from American International Specialty Lines Insurance Company effective 11/01/2009) 6/30/1995 hubb Custom Insurance Company (Delaware) 8/04/1995 incinnati Specialty Underwriters Insurance Company (Delaware) 1/31/2011 arendon America Insurance Company (New Jersey) 9/01/1995 olony Insurance Company (Virginia) 9/01/1995 olony National Insurance Company (Virginia) (Name changed from Preferred National Insurance Company effective 04/01/2002) 12/17/1996 lumbia Casualty Company (Illinois) 7/06/1995 mmonwealth Insurance Company (Canada) 10/27/1995 mpanion Specialty Insurance Company (District of Columbia) 7/20/2011 ovington Specialty Insurance Company (New Hampshire) 7/20/2011 rum & Forster Specialty Insurance Company (Arizona) (Name changed from Transnational Insurance Company effective 12/26/2000. Domicile changed from Connecticut o Arizona effective 02/12/2002.) [4:/2(0/1998 UMIS Specialty Insurance Company, Inc. (Iowa) 5/15/2008 Darwin Select insurance Company (Arkansas) (Name changed from ULICO Indemnity Company effective 05/02/2005) 12/22/1995 Discover specialty Insurance Company (Illinois) 12/22/1999 INSURER DATE APPROVED Empire Indemnity Insurance Company (Oklahoma) 12/01/1995 Endurance American Specialty Insurance Company (Delaware) (Name changed from Traders & Pacific Insurance Company effective 06/08/2006) 2/23/1996 Endurance Specialty Insurance Ltd. (Bermuda) 2/29/2008 EnergyInsurance Mutual Limited (Barbados) 12/17/1997 Essex Insurance Company (Delaware) 7/06/1995 Evanston Insurance Company (Illinois) - 8/11/1995 Everest Indemnity Insurance Company (Delaware) 8/14/1998 Executive Risk Specialty Insurance Company (Connecticut) 9/01/1995 Fireman's Fund Insurance Company of Ohio (Ohio) 5/19/1999 First Mercury Insurance Company (Illinois) 10/16/1997 First Specialty Insurance Corporation (Missouri) - 9/01/1995 Founders Insurance Company (Illinois) 10/16/2007 emini Insurance Company (Delaware) 2/23/1998 eneral Security Indemnity Company of Arizona (Arizona) (Name changed from Fulcrum Insurance Company effective 05/03/2002) 9/01/1995 eneral Star Indemnity Company (Connecticut) 8/11/1995 enesis Indemnity Insurance Company (North Dakota) 8/04/1995 lencoe Insurance Limited (Bermuda) 7/05/1996 otham Insurance Company (New York) 8/04/1995 reat American E&S Insurance Company (Delaware) Name changed from Agricultural Excess and Surplus Insurance Company, effective 07/27/2000) 6/30/1995 reat American Fidelity Insurance Company (Delaware) me changed from American Dynasty Surplus Lines Insurance Company, effective 06/27/2001) 9/01/1995 at Lakes Reinsurance (UK) PLC (UK) 12/01/1995 f Underwriters Insurance Company (Connecticut) [Domicilechanged from Missouri to Connecticut, effective 10/01/2001) 7/07/1995 11 INSURER DATE rk Specialty Insurance Care Indemnity. Inc. ( iscox Specialty Insurance Company Inc. (Illinois) omeland Insurance Company of New York (New York) ston-Casualty Company (Texas) Houston Specialty Insurance Company (Delaware) Name changed from Naxos Insurance Company effective 12/30/10). Hudson Specialty Insurance Company (New York), (Name changed from General Security Indemnity Company effective 12/29/03) http://wvc!w,insurance.ca.gov/0250-insurers/0300-insurers/0200bulletins/surplus-line/inde... 8/16/2011 List of Approved Surplus Line Insurers (LASLI) Page 3 of 4 Illinois Union Insurance Company (Illinois) 1Z122/1995 Indian Harbor Insurance Company (North Dakota) 12/08/1995 Infrassure Ltd. (Switzerland) 11/19/2009 International Insurance Company of Hannover Limited (UK) /29/1998 Interstate Fire & Casualty Company (Illinois) 10/20/1995 Ironshore Insurance Ltd. (Bermuda) 7/20/2011 Ironshore Specialty Insurance Company (Arizona) 1.0/02/2008 James River Insurance Company (Ohio) Name changed from Fidelity Excess and Surplus Insurance Company effective 07/07103) 8/04/1995 Lancashire Insurance Company (UK) Limited (U.K.) 11/17/2010 Lancashire Insurance Company Limited (Bermuda) 11/19/2009 Landmark American Insurance Company (Oklahoma) 9/30/2003 Lantana Insurance Ltd. (Bermuda) 9/08/2004 Lexington Insurance Company (Delaware) 7/28/1995 Liberty Mutual Insurance Europe Limited (U.K.) (Name changed from Liberty Mutual Insurance Company (U.K.) Limited effective 10/21/03) 10/27/1995 Liberty Surplus Insurance Corporation (New Hampshire) 12118/1997 -[Qyds of London Syndicdkej Click here for a separate list of all Lloyds Syndicates approved for the LESLI list.) London & Edinburgh Insurance Company Limited (UK) 12/06/2000 BACK to I OQ M-P INSURER DATE APPROVED Maiden Specialty Insurance Company (North Carolina) il/13/2006 Name changed from Integon Specialty Insurance Company effective 09/01/2009 The Marine Insurance Company Limited (UK) 1110311995 Markel International Insurance Company Limited (U.K.) 10/27/1995 Name changed from Terra Nova Insurance Company Limited, effective 11/04/2002) axum Indemnity Company (Delaware) 9/29/1998 Name changed from Caliber One Indemnity Company, effective 01/02/2003) Mercer Insurance Company (Pennsylvania) 7/01/2011 Mitsui Sumitomo Insurance Company (Europe) Limited (U.K.) 6/10/2011 Mitsui Sumitomo Insurance Company, Limited (Japan) 12/27/1995 Name changed from Mitsui Marine and Fire Insurance Company, Limited, effective 10/1/2001) ontpelier U.S. Insurance Company (Oklahoma) 2/05/2010 Mount Vernon Fire Insurance Company (Pennsylvania) /02/1997 Mt. Hawley Insurance Company (Illinois) (Domicile changed from Delaware to Kansas, effective 12/20/95. Domicile changed from Kansas to Illinois effective 10/27/1995 /21/1999) National Fire &Marine Insurance Company (Nebraska) /30/1995 N autilus Insurance Company (Arizona) 8/04/1995 Navigators Specialty Insurance Company (New York) 12/08/1995 Name changed from NIC Insurance Company effective 01/04/2007) N oetic Specialty Insurance Company (Vermont) Domicile changed from Illinois to Vermont effective 01/18/2011) 9/01/1995 Name changed from Coregis Indemnity Company effective 11/07/2001) North American Capacity Insurance Company (New Hampshire) 8(11/1995 N orth East Insurance Company (Maine) 6/08/2009 Northfield Insurance Company (Iowa) 6/30/1995 (Domicile changed from Missouri to Iowa, effective 1/01/2002) utmeg Insurance Company (Connecticut) 6/30/1995 e Ocean Marine Insurance Company Limited (UK) 12/22/1995 mega US Insurance, Inc. (Delaware) 7/20/2011 Pacific Insurance Company, Ltd. (Connecticut) 9/01/1995 PerInsurance Company (Pennsylvania) 11/13/2002 Philadelphia Insurance Company (Pennsylvania) 2/14/1997 Princeton Excess and Surplus Lines Insurance Company (Delaware) 2/09/2006 ProASsuranCe Casualty Company (Michigan) 10 i812005 changed-from-FFeNationaf-Insuranee Companyre Protective Specialty Insurance Company (Indiana) 6/01/2010 Q-Z http://Www.insurance.ca.gov/0250-insurers/0300-insurers/0200-bulletins/surplus-linelinde... 8/16/2011 List of Approved Surplus Line Insurers (LASLI) Page 4 of 4 Rockhill Insurance Company (Arizona) (Name changed from United Coastal Insurance Company, effective 11/22/2005) 9/01/1995 AFECO Surplus Lines Insurance Company (Washington) 10/20/1995 avers Property and Casualty Insurance Company (Missouri) 6/30/1995 cottsdale Insurance Company (Ohio) 6/30/1995 eneca Specialty Insurance Company (Arizona) 2/02/2004 helter Reinsurance Company (Missouri) 10/18/2007 inus International Insurance Corporation (Sweden) 2/0811999 PARTA Specialty Insurance Company (Connecticut) 7/0 2011 t. Paul Surplus Lines Insurance Company (Delaware) 7/06/1995 tarr Surplus Lines Insurance Company (Illinois) 11/16/2010 teadfast Insurance Company (Delaware) 7/18/1995 underland Marine Mutual Insurance Company Limited (UK) 10/27/1995 wiss Re International SE (Luxembourg) (Name changed from SR International Business Insurance Company Limited (UK) effective 1/01/2008) (Domicile changed from UK to Luxembourg effective 01/01/2008) 110/27/1995 wiss Re Specialty Insurance (U.K.) Limited Name changed from GE Specialty Insurance (U.K.) Limited, effective 9/29/2006) 10/27/1995 .H.E. Insurance Company (Louisiana) 9/22/1995 rM Specialty Insurance Company (Arizona) 12/20/2000 olio Marine Europe Insurance Limited (U.K.) 10/19/2009 Torus Specialty Insurance Company (Delaware) (Name changed from Praetorian Specialty Insurance Company effective 03/02/2009. Name changed from Alea North America Specialty Insurance Company effective 10/02/2006.) 12/22/20D4 ravelers Excess and Surplus Lines Company (Connecticut) (Name changed from Aetna Excess &Surplus Lines Company, effective 7/1/97) 6/06/1997 Club Mutual Insurance Limited (U.K.) 2/20/2008 udor Insurance Company (New Hampshire) 7/18/1995 nderwriters at Lloyds (London) ee also Llovds of London Ii i 12/29/1995 nited National Insurance Company (Pennsylvania) 7/28/1995 nitSpecialty Insurance Company (Delaware) 5/07/2008 SF Insurance Company (Michigan) Domicile changed from Pennsylvania to Michigan effective 12/31/2007) 9/Ol/1995 RyageLIndemnity InsRrdnSe Cpmpany_(Gegrgld)_ _ _ 12/22/_1.925: . estchester Surplus Lines Insurance Company (Georgia) /30/1995 estern Heritage Insurance Company (Arizona) 9/01/1995 estem World Insurance Company (New Hampshire) 6/30/1995 t-) California Department of Insurance j Privacy Policy ADA Compliance Site Map Free Document Readers http:%/www.insurance.ca.gov10250-insurers/0300-insurers/0200=bulletins/surplus-linelinde... 8/16/2011 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 Financial Statements PDF's Annual Statements Quarterly Statements CA Supplements 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 COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY P.O. BOX 100165 COLUMBIA, SC 29202 800-922-1282 Old Company Names back to top Agent For Service NANCY FLORES C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET LOS ANGELES CA 90017 back to top Reference Information Effective Date NAIC #: 12157 California Company ID #: 5174-8 Date Authorized in California: 11/30/2009 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: SOUTH CAROLINA back to top NAIC Group List NAIC Group #: 0661 BCBS of SC Grp back to top 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. BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY FIRE LIABILITY MARINE http://interactive.web.insurance.ca.gov/companyprofilelcompanyprofile?event=companyPr... 8/16/2011 Company Profile Page 2of2 MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION back to top © 2008 California Department of Insurance http://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPr... 8/16/2011 Company Profile Page 1 of 2 � DEFARi�'�IEP�T tiF it�StlRAttC Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Financial Statements PDF's Annual Statements Quarterly Statements CA Supplements 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 IMPERIUM INSURANCE COMPANY 120 WEST 45TH STREET - 36TH FLOOR NEW YORK, NY 10036 Old Company Names DELOS INSURANCE COMPANY SIRIUS AMERICA INSURANCE COMPANY SIRIUS REINSURANCE CORPORATION back to top Agent For Service KAREN HARRIS C/O CORPORATION SERVICE COMPANY 2730 GATEWAY OAKS DRIVE, SUITE 100 SACRAMENTO CA 95833 back to top Reference Information Effective Date 07/21/2011 02/22/2007 04/06/1998 NAIC #: 35408 California Company ID #: 2960-3 Date Authorized in California: 06/19/1984 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: DELAWARE back to top NAIC Group List NAIC Group #: 4381 Lightyear Delos Grp back to top 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. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY http://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPr... 8/16/2011 Company Profile Page 2 of 2 DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION back to top © 2008 California Department of Insurance http://interactive.web.insurance.ca.govlcompanyprofilelcompanyprofile?event=companyPr... 8/16/2011 �,,� y4, p� 1 Council/Agency Meeting Held: Deferred/Continued to: 'bd Apprzlarq ❑ Conditionally Approved ❑ Denied i)o Gify Cler Signaty e Council Meeting Date: August 15, 2011 Department ID Number: PW 11-048 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: Approve project plans and specifications and award construction contract in the amount of $244,950.00 to Garcia Juarez Construction Inc. for Beach Boulevard Water Main Extension Projects, CC-1405 and CC-1407; and, authorize the Mayor and City Clerk to execute a contract in a form approved by the City Attorney Statement of Issue: On July 21, 2011, bids were opened for the Beach Boulevard Water Main Extension Projects, CC-1405, and CC-1407. Staff requests that the City Council award the contract to Garcia Juarez Construction Inc., the lowest responsive and responsible bidder. Financial Impact: Funds for both CC-1405 and CC-1407 are available Water Master Plan Fund, Water Main Replacement, Account No. 50791025. 82100. Recommended Action: Motion to: A) Approve the project plans and specifications for Beach Boulevard Water Main Extension Projects, CC-1405, and CC-1407; B) Accept the lowest responsive and responsible bid submitted by Garcia Juarez Construction Inc., in the amount of $244,950.00; C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, D) Authorize the Director of Public Works to approve up to fifteen percent (15%) in construction change orders. Alternative Action(s): Reject all bids, and provide staff with alternative direction. xB -61- Item 5. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 8/15/2011 DEPARTMENT ID NUMBER: PW 11-048 Analysis: The Water Main Extension Projects CC-1405, and CC-1407 address deficiencies in the water distribution system. The projects eliminate dead-end water mains by providing looped water mains. The newly looped water mains will provide adjacent customers or subdivision tracts a redundant water supply, which increases the distribution system reliability. In addition, looped water mains provide better water circulation and eliminate concerns with stagnant water. Both projects CC-1405 and CC-1407 are consistent with the City's 2005 Water Master Plan's recommendation to connect dead end segments along Beach Boulevard. Both projects combined will install approximately 1,150 linear feet of 12- inch diameter pipelines. A complete set of plans and specifications are available for review at the Public Works counter during regular business hours. Bids were opened publicly on July 21, 2011, and are listed in ascending order: BIDDER'S NAME BID AMOUNT BID AMOUNT CORRECTED Garcia Juarez Construction $244,950.00 Correct as bid R.Y. Engineering Works $261,550.00 Correct as bid Kana Pipeline, Inc. $272,600.00 Correct as bid Atlas Allied $283,300.00 Correct as bid Paulus Engineering $287,150.00 $287,153.00 Double D Pipeline, Inc. $288,300.00 Correct as bid Cedro Construction Inc $301,996.00 Correct as bid John Malloy, Inc, $304,450.00 Correct as bid Environmental Assessment and Remediation Management Inc. $312,700.00 Correct as bid E & R Construction Inc $313,900.00 Correct as bid Bid amounts were verified and the lowest responsive bidder was determined to be Garcia Juarez Construction Inc. The reference check for Garcia Juarez Construction Inc. provided acceptable responses from past clients including the City of Huntington Beach. The low bid was 25 percent lower than the engineer's cost estimate of $325,000. The low cost of this project is attributed to an extremely competitive bidding environment. Construction contingency is requested at $37,000 (15%) to address any unforeseen site conditions resulting in change orders. With contingency, supplemental expenses, and expected staff costs, the full project cost is estimated to be $320,000. Public Works Commission Action: The Public Works Commission reviewed and approved CC-1405, and CC-1407 on June 15, 2011, with a vote of 7-0-0. Environmental Status: The projects consist of rehabilitation of existing City -owned facilities, with little or no expansion of an existing use. The projects are, therefore, categorically exempt from CEQA per Article 19, Section 15301 Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment. Item 5. - 2 HB -62- REQUEST FOR COUNCIL ACTION MEETING ®ATE: 8/15/2011 DEPARTMENT I® NUMBER: PW 11-048 Attachment(s): xB -63- Item 5. - 3 ATTACHMENT #1 Item 5. - 4 Hs -64- O� JAVE- BOLSA Me ADDE �. . / SL-ATER EDIN ER � AVE : AVE� g 0HEIL' 3 AVE m / cr ' o `, cP \ WAI ER z AVE .: SLA AVE 405 �..• • J • a SPEER ' DR: . :. T ERr AVE �_ PACFIC S AVE I GARELD AVE I PROJECT ' :AREA . I KTO A IE t LIBERTY• DR. ADAMs AVE o \' IND us AVE Szc g Q• / o TLANTA z Q AVE . m NHAM TON AVE.m dry BAN NG \ KEWMAN ' • AVE: OCEAN A \ VICINITY Y 1 MA LOCATION !ON MA N.T.S. N.T.S. xB -65- Item 5. - 5 G ` g oHE1LS �Q� eotsA MSAD D I VE. EDIN ER �, AVE. 3 AVE.\ �. / NEWMAN : AVE. c� WARNER o AVE m sAVE. 405 8 T °ffr AVEPACM RONALD RD.. ElJ4S AVE I GAR ELD AVE I e ICTO A ' I ADAMs AVE ' PROJECT AREA' �k IND us AVE 2 A o z o AVE �\ / N91 HAM] TON AVE yKy 9ANNNG \ TALBERT ` AVE: OCEAN \ ''• VICINITY MAP LOCATION MAP N.T.S. N.T.S. Item 5. - 6 xB -66- ATTACHMENT xB -67- Item 5. - 7 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR 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 , a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as 'PROJECT," more fully described as in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from 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/agree/surfnet/cityconst 5110 1 of 22 Item 5. - 8 HB -68- 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/surfnet/cityconst 2 of 22 5110 HB -69- Item 5. - 9 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/cityeonst 3 of 22 5110 Item 5. - 10 HB -70- "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 Dollars ($ ), 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 ( ) consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things g/agree/surfnet/cityconst 4 of 22 5110 HB -71- Item 5. - 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 5110 Item 5. - 12 HB -72- 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/cityconst 6 of 22 5110 xB -73- Item 5. - 13 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 Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair g/agree/surfnet/cityconst % of 22 5110 Item 5. - 14 xB -74- 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/surfriet/cityconst 8 of 22 5/10 HB -75- Item 5. - 15 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 o£ (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 5110 Item 5. - 16 xB -76- 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, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the g/agree/surfnet/cityconst 10 of 22 5/10 HB -77- Item 5. - 17 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. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. g/agree/surfnet/cityconst 11 of 22 5/10 Item 5. - 18 HB -78- 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 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 g/agree/surfnet/cityconst 12 of 22 5110 HB -79- Item 5. - 19 where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, g/agree/surfnet/cityconst 13 of 22 5/l 0 Item 5. - 20 xB -80- 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 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; g/agree/surfnet/cityconst 14 of 22 5110 Hs -81- Item 5. - 21 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. 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 g/agree/surfnet/cityconst 15 of 22 5110 Item 5. - 22 HB -82- 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, 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 g/agree/surfnet(cityconst 16 of 22 5/10 xB -83- Item 5. - 23 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. NONASSIGNABMITY 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 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 g/agree/surfnet/cityconst 17 of 22 5110 Item 5. - 24 HB -84- any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. g/agree/surfnet/cityconst 18 of 22 5110 HB -85- Item 5. - 25 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 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 g/agree/surfnet/cityconst 19 of 22 5/10 Item 5. - 26 HB -86- 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 parry who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. g/agree/surfnet/cityconst 20 of 22 5/10 xB -87- Item 5. - 27 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 parry or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior g/agree/surfnet/cityconst 21 of 22 5110 Item 5. - 28 HB -88- 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 20 CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California print name ITS: (circle one) Chairman/PresidentNice President AND IM print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer g/agree/surfriet/cityconst 22 of 22 5110 Mayor City Clerk INITIATED AND APPROVED: Director of Public Works REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney Item 5. - 29 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 7 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 11 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 14 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 16 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 17 26. NON -ASSIGNABILITY 17 27. CITY EMPLOYEES AND OFFICIALS 17 28. STOP NOTICES 17 29. NOTICES 18 30. SECTION HEADINGS 18 31. IMMIGRATION 19 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 19 33. ATTORNEY'S FEES 19 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 20 36. DUPLICATE ORIGINAL 21 37. CONSENT 21 38. SURVIVAL 21 39. MODIFICATION 21 40. SIGNATORIES 21 41. ENTIRETY 21 Item 5. - 30 HB -90- i CC 1405 and CC1407 Water Main Extension Projects, Bid Opening July 21, 2011, 2:OOPM City of Huntington Beach Council Chambers Bidder Bid Amount Bid Amount Corrected 1 Atlas Allied 300- 2 Blois Construction, Inc. 3 Cedro Construction Inc 30 % o= 4 Double D Pipeline, Inc. a 5 E & R Construction Inc DQ`� 'lam 6 Garcia Juarez Construction 7 JA Salazar Construction 8 John Malloy, Inc, sj) -= 9 Kana Pipeline, Inc. a SOD # 10 MIKE PRLICH & SONS 11 MINCO Construction 12 PaIP Inc DBA Excell Paving Company 13 Paulus Engineeering 14 R.Y. Engineering Works / --:5-3-0 = 15 Romo Pipeline Inc 16 SAEICO, INC. 17 Steve Doreck Equipment Rental 18 VCI Construction 19 Veeare, Inc. 20 Vido Samarazich Inc. 21 7 00 • Ci0 22 23 24 25 &-� 6, - / 2111 2-D11 - �� - 10 -� -1 �� � � 1 -- � 11 j - � " ri 'H SECTION A 7171 // NOTICE INVITING SEALED BIDS for the construction of 1. CC 1405 Water Main Extension, Beach Boulevard, Liberty Drive to Spear Drive 2. CC 1407 Water Main Extension, Beach Boulevard, Talbert Drive to Ronald Road 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 Thursday July 21, 2011. 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 $30.00 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 a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders 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. Project Description: The project consists of the construction of two potable water pipelines, both of which are located within Beach Boulevard which is a Caltrans right of way. The project contains approximately 1,150 lineal feet of 12-inch buried pipe. • The contract shall allow the Contractor 50 working days to complete the contract. • The engineer's estimate of probable construction cost for the work included in the basis of award is $325,000. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 20th day of September 2010, by Resolution No. 2010-69. Attest: /s/ Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Unsuccessful Bids CC-1405 & CC-1407 Water Main Extensions City Of Huntington Beach 2000 Main Street s Huntington Beach, CA 92648 (714) 536-5227 e www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk September 2, 2011 Atlas Allied, Inc. 1210 N. Las Brisas St. Anaheim, CA 92806 RE: CC-1405 & CC-1407 —Water Main Extensions Enclosed please find your original bid bond for CC-1405 & CC-1407. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure 0f*v^6on ►tpatd* Waitakere, New Zealand Atlas Allied, Inc. 1210 N. Las Brisas St. Anaheim, CA 92806 PH.714-630-3633 03 FX.714.630.0445 City of Huntington Beach Att: City Clerk,, 2nd Floor 2000 Main Street SEALED BID 1. CC 1405 Water Main Extension, Beach Blvd, Liberty Drive to Spear Drive. 2. CC 1405 Water Main Extension® Beach Blvd., Talbert Drive to Ronald Road 4`4D DATE July 21, 2011 890 TOME 2:00Imo, R SECTION C PROPOSAL for the construction of 1. CC 1405 Water Main Extension, Beach Boulevard, Liberty Drive to Spear Drive 2. CC 1407 Water Main Extension, Beach Boulevard, Talbert Drive to Ronald Road 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 50 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 Bidders Bond in the amount of $10% Bid Amountwhich said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Daty Received Bidder's Signature � aJJU�.A�z�- C-2 PROJECT BID SCHEDULE CC 1405 AND CC 1407 te* No:: : sttana : uaiifit. ..:: > ::: :» ttn:w► .: ur.:.t tct:::::::: ' <�yrifitei1: iii: fvarils : *.*. .... : .:::: ::::::::> e riourit 1 1 LS Mobilization @ Twenty Eight Thousand Dollars $ 28,000.00 $ 28,000.00 Zero Cents Per LS 2 1 LS Traffic Control @ Thirty One Thousand Five Hundred Dollars $ 31,500.00 $ 31,500.00 Zero Cents Per LS 3 1 LS Permitting, including Caltrans double permit @ Seven Thousand Five Hundred Dollars $ 7,500.00 $ 7,500.00 Zero Cents Per LS 4 1 EA 8-inch hot tap @ Five Thousand Dollars $ 5,000.00 $ 5,000.00 Zero Cents Per EA 5 1150 LF 12-inch PVC DR14 or DR18 Water Pipe @ One Hundred Forty Eight Dollars Dollars $ 148.00 $170,200.00 Zero Cents Per LF 6 1 EA Install pump out assembly, for 12-inch water line @ Twenty Thousand Dollars $ 20,000.00 $ 20,000.00 Zero Cents Per EA 7 1150 LF Chlorination and testing of all new water mains @ Four Dollars $ 4.50 $ 5,175.00 Fifty Cents Per LF 8 1 EA 2" air & Vacuum Release Valve Assembly @ Three Thousand Dollars $ 3,000.00 $ 3,000.00 Zero Cents Per EA 9 1 LS Demobilization and cleanup @Twelve Thousand Nine Hundred Twenty Five Dollars $ 12,925.00 $ 12,925.00 Zero Cents Per LS Total Amount Bid in 1, 1 res: 283 300.00 Total Amount Bid in Words: Two Ei ht Three Thousand Three Hundred ------------------------------------- ----------- -a.. � Cents Basis of Award Dollars and C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class Final AsphaltS aving D Mayo Paving 4519 Brookfield St. San Bernardino CA 92407 918062 C-12 By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Eva Siciliani , being first duly sworn, deposes and says that he or she is Vice President of Atlas Allied. Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Atlas Allied Inc. Name of Bidder Signature of Bidder Eva Siciliani Vice President 1210 N. Las Brisas St. Anaheim, CA 92806 Address of Bidder Subscribed and sworn to before me this 20th day of July , 2011 NOTARY PUBLIC Please See Attached NOTARY SEAL C-5 State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 20 th day of JAIly 2011 by Eva Siciliani proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature Nile Sensabaugh, Notary Public NILE SENSABAUGH Commission # 1800039 - -ae Notary Public - California Orange County My Comm. Expires Jun 1, 2012 (Seal) UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Water Main Extension Projects, Various Locations, Project Numbers CC 1405 and CC1407, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: July 20th, 2011 Atlas Allied Inc. Contractor By Eva Siciliani Vice President Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes M No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: July 20th, 2011 C-s Atlas Allied, Inc. Contractor 11� . � � _ -. By Eva Siciliani Vice President Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Atlas -Allied, Inc. Bidder Name 1210 N. Las Brisas St. Business Address Anaheim CA 92806 City, State Zip ( 714 ) 630-3633 Telephone Number # 437235 A,B,C34,C36,C42 State Contractor's License No. and Class 4/7/1983 Original Date Issued 4/30/2013 Expiration Date The work site was inspected by Nile Sensbaugh of our office on July 19th , 2011 . The following are persons, firms, and corporations having a principal interest in this proposal: George L. Sicilian i-President Eva Siciliani-Vice President/Treasure Catherine Sturgeon -Corp. Secretary C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Atlas Allied, Inc. Company Name Signature of Bidder Eva Siciliani Vice President Printed or Typed Signature Subscribed and sworn to before me this20thday of July , 2011 . NOTARY PUBLIC Please See Attached NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Please See Attached 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 WTM State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 20 th day of _jWY 2011 by Eva Siciliani proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. NILE SENSABAUGH C ` � Commission # 1800039 Notary Public - California Z • Ly ' Orange County My Comm. Expires Jun 1, 2012 Signature (Seal) Nile Sensabaugh, Notary Public AMAS-ALUE®, Li IC Pipeline General Piping Engineering SINCE 1969 General Contractor Reference List GC -CM: Douglas E Barnhart, Inc Contact: John Squillace (714) 731-4687 Fax (714) 731-4691 Project: Foothill High School Site Utility Infrastructure -Prime Contractor Owner: Tustin Unified School District Address: 300 South C Street Tustin, CA 92780 Description: Installed 1,000 LF of 6" - 10" Storm drain, 1,000 LF 8" Sewer, 800 LF 8" Firewater line, 600 LF 6" Domestic Water, 500 LF 3" Gas line at Foothill High School for the Site Utility Infrastructure Quad Upgrade Dates: Completed 8/31/07 Amount: $975,258.00 GC -CM: McCarthy Building Companies Contact : John Staff (949) 851-8383 Fax (949) 756-6843 Project: Huntington Beach High School Utility Installation -Prime Contractor Owner: Huntington Beach Union High School Dist Address: 5832 Bolsa Avenue Huntington Beach, CA 92649 Description: Combined utility upgrades including 1,000 LF of Domestic Water, Fire Water, Irrigation, Electrical Conduit and Gas, plus surface repairs as needed Dates: Completed 8/24/07 Amount: $1,043,344.00 GC -CM: C W Driver Builders Project: Fullerton College - Building 1400 Site Work / Utilities -Prime Contractor Owner: North Orange County Community College Contact: Cora Baldovina (714) 808-4887 Fax (714) 808-4791 Address: 1830 W Romneya Drive Anaheim, CA 92801 Description: Site utility improvements including storm drain, concrete and asphalt repairs Dates: Completed 6-1-09 Amount: $1,949,511.00 SDRIVE/Bids/Bid Refernces Sdrive:Bid References ATLAS -ALLIED, IINC. Pipeline Ge.wel Piping S/NCE 1969 ETKJi710efiflQ COMPLETED PROJECTS Descriptive Job List 2010 Project: Industrial Park Recycled Water Services Owner: Carlsbad Municipal Water District Address: 5950 El Camino Real Carlsbad, CA 92008 Contact: Grant Clavier (760) 802-8783 Description: Installed 1" and 2" water services for Recycled water systems Start Date: 11/30/2009 Completed Date: 3/19/2010 Bid Amount: $159,500.00 Final Amount: $166,227.00 Project: Replace Fireline at Bren Events Center Owner: California University Irvine Address: 201 A Interm Housing Building Irvine, CA 92697 Contact: David Hooks (949) 824-9328 Cell (949)422-0539 Description: Installed underground fireline with backflow devices and upgraded fire sprinkler system Start Date: 12/14/2009 Completed Date: 4/30/2010 Bid Amount: $137,300.00 Final Amount: $158,510.00 Project: Santa Rosalia Street Storm Drain Project Owner: City of Stanton Address: 7800 Katella Ave. Stanton, CA 90680 Contact: Nick Guilliams (714) 379-9222 Description: Installed 48" RCP line into Orange County flood channel from public right away Start Date: May 2010 Completed Date: September 2010 Bid Amount: $177,920.00 Final Amount: $ 179,942.00 Project: Replacement of Watervalves & Fire Hydrant Installations Owner: City of Beverly Hills Address: 345 Foothill Road Beverly Hills, CA 90210 Contact: Vincent Chee (310) 285-2507 Description: Cut in 4"-16" Valves through out city public water system utilizing "line stops" to control water. Start Date: Feburary 2010 Completed Date: August 2010 Bid Amount: $358,000.00 Final Amount: $ 373,000.00 Project: Water Main Crossing on Carmenita Road North of Mapledale Avenue Owner: City of Norwalk Address: 12700 Norwalk Blvd. Norwalk, CA 90650 Contact: Randy Hillman 562-929-5719 Description: Install 12" street crossing to upgrade on site fire system Start Date: August 2010 Completed Date: September 2010 Bid Amount: $36,900.00 Final Amount: $34,900.00 ATLAS -ALLIED, INC. Pipeline General Piping Engineering 44nee 109 Descriptive Job List 2009 Project: Stuart Mesa Ground Water Treatment System Owner: North County Transit District Address: 810 Mission Avenue Oceanside, CA 92054 Contact: Mindy Smith (760) 967-2834 Fax (760-722-8087 Description: Phase I Installation of a ground water pump system, 2- 20,000 above ground tanks with associated underground piping to remove underground water from Rail Facility. Phase 11, Low Flow Storm Water Diversion, new storm drain structures, ground water pump system and associated underground piping. Start Date: 1/2008 Completed Date: 6/2009 Bid Amount: $433,686.00 Final Amount: $620,641.00 Project: Underground Utilities at North Corona Metrolink Parking Structure Owner: North Corona Metrolink Construction Manager: McCarthy Building Company Inc. Address: 20401 SW Birch St. Newport Beach, CA 92660 Contact: Mike Flick (949) 355-7028 Cell (818) 291-6603 Description: Reroute and Install New Utilities, Storm Drain, Sewer & Domestic / Fire Water outside of New 5 Story Parking Structure at the North Corona Metrolink Station Start Date: 1/28/2008 Completed Date: 6/30/2009 Bid Amount: $257,040.00 Final Amount: $387,532.00 Project: Service Line Replacements at Spring Valley Lake Owner: County of San Bernardino Special Districts Address: 157 West 5th Street, 2nd Floor San Bernardino, CA 92415 Contact: Gary Martin (909) 387-5964 Fax (909) 387-5968 Description: Install 156 New 1" Water Service Lines with Poly Pipe and Fittings. Start Date: 3/12/2009 Completed Date: 6/2009 Bid Amount: $258,200.00 Final Amount: $258,200.00 Project: Water Improvements @ Patton Hospital Owner: CA Department of Mental Health Address: 3102 Highland Avenue. Patton, CA 92369-0999 Contact: Jennifer Moon (909) 425-7332 Description: Install 1500 LF 14" Underground Owner furnished PVC Waterline from Street Point of Connection to Onsite existing connection. Including 10" Backflow Valve Installation. Start Date: 111/009 Completed Date: 5/1/2009 Bid Amount: $ 49,000.00 Final Amount: $ 48,510.00 A0k ATLAS -ALLIED, INC. Pipeline G--ral Piping e�nce ivs9 Engineering 2009 Continued Project: Monrovia Public Library / Underground Utilities Owner: City of Monrovia Address: 132 W Palm Avenue Monrovia, CA 91016 Construction Manager: Bernard Bros Construction Management Contact: Carlos del Campo (661)510-8176 Description: Install underground utilities for new City of Monrovia Library facility Start Date: 11/14/2008 Completed Date: 3/31/2009 Bid Amount: $108,500.00 Final Amount: $112,904.79 Project: Emergency Repair Underground Storm Drain System @ Carr Intermediate School Owner: Santa Ana Unified School District Address: 1601 East Chestnut Avenue Santa Ana, CA 92701-6322 Construction Manager: PCM3 Construction Manager Contact: Garth Wright (Assistant Manager) (714)662-0227 Description: Install New Underground Storm Drain System and Catch Basin Start Date: 11/16/2008 Completed Date: 2/15/2009 Bid Amount: $208,600.00 Final Amount: $208,600.00 Project: Simons Middle School and Philadelphia Elementary School Owner: Pomona Unified School District Address: 800 South Garey Ave Pomona, CA 91766 Contact: Ava Hill (909) 397-4800 Description: Site Improvements, Concrete, Asphalt and Classroom Relocation Start Date: 1/2009 Completed Date: 5/2009 Bid Amount: $307,612.18 Final Amount: $307,612.18 ATLAS -ALLIED, INC. GenarW P 9 s ncE ,ham E"gi aee`in` Descriptive Job List 2008 Project: Lampton Elementary School - Site Utilities Owner: Norwalk La Mirada Unified School District Address: 12820 Pioneer Blvd Norwalk, CA 90650 Contact: Isela Vazquez 562-868-0431 x 2015 Fax 562-864-7541 Construction Manager: McCarthy Building Co. Contact: John Staff 949-851-8383 Description: Site Utilities including gas, water & sewer. Install pipe, test backfill, patch, replace all site water with new copper system including dielectric fittings, chlorinate entire site water system. Replace all site gas with complete new gas system Start Date: W7/2008 Completed Date: 11 /21 /2008 Bid Amount: $332,650.00 Final Amount: $325,150.00 Project: Fullerton College - Building 1400 Site Work I Utilities Owner: North Orange County Community College Address: 1830 W Romneya Drive Anaheim, CA 92801 Construction Manger: C W Driver Builders Contact: Susan Cannone 714-732-5770 Fax (714) 446-0770 Description: Site utility improvements including storm drain, concrete and asphalt repairs Start Date: 3/26I2008 Completed Date: 4/30/2009 Bid Amount: $1,625,528.00 Final Amount: $1,921,825.00 Project: Modification to Existing Pressure Relief Facilities Owner: West Orange County Water Board Address: 2000 Main Street Huntington Beach, CA 92648 Contact: City of Huntington Beach Duane Wentworth (714) 536-5517 Fax (714) 374-1573 Description: Install new Pressure Relief System for 20" City Huntington Beach water supply line, including excavation, piping, welding and on site improvements. This water line is a critical supply fine for the City Huntington Beach water system. Start Date: 11 /9/2007 Completed Date: 5/12/2008 Bid Amount: $ 133,825.00 Final Amount: $246,150.00 Project: New Water Meter Installation & Meter Exchange Program Owner: City of Westminster Address: 8200 Westminster Boulevard Westminster, CA 92683 Contact: Paul Kalix (714) 719-0461 Fax (714) 373-5328 Description: From Early 1990 Atlas -Allied has performed a city wide water meter replacement of approximately 14,000+ water meters on 3 different contracts Start Date: 2007 Completed Date: 12/31/2007 Bid Amount: $196,100.00 Final Amount: $196,100.00 1z r ATLAS -ALLIED, INC.. Pipeline General Piping Nk�Engineering 2008 Continued Project: Lancaster Layover Service Utility Enhancement Owner: Southern CA Regional Rail Authority Address: 700 S Flower Street, Suite 2600 Los Angeles, CA 90017 Contact: LIM & Nascimento Engineering Corp Francisco Villasenor (714) 998-3841 Fax (714) 974-6193 Description: Metro Link Lancaster Station installed water(1,500 LF), sewer(1,500 LF), and communication utilities (1,200 LF) for the end of line train maintenance yard. All work done with no interruptions or down time to the metrolink. Start Date: 9/1/2007 Completed Date: 5/31/2008 Bid Amount: $1,065,392.00 Final Amount: $1,136,537.00 Project: Orange Coast College East I West Utility Upgrade Owner: Coast Community College District Address: 1370 Adams Avenue Costa Mesa, CA 92626 Construction Manager: C.W. Driver Contact: Randy Rankin (714) 540-4974 Cell (714) 540-5721 Description: East / West Utility Upgrade / Phase li- Installed 1,000 LF of storm drain pipe, 20 catch basins, 1,000 LF of sewer for East Side Campus Wide Upgrade Start Date: 7/1/2007 Completed Date: 6/30/2008 Bid Amount: $685,720.00 Final Amount: $639,872.00 Project: Huntington / Bolsa Chica State Beach - Emergency Backflow Project Owner: CA Department of Parks & Recreation Address: 3030 Avenida del Presidente San Clemente, CA 92672 Contact: Julie Tobin (949) 366-4888 Fax (949) 492-9437 Description: Installed (4) 6" RP emergency backflow devices at various locations in the city of Huntington Beach following Huntington Beach Water Department compliance on a critical path emergency basis Start Date: 2/25/2008 Completed Date: 5/1/2008 Bid Amount: $91,500.00 Final Amount: $91,500.00 Project: Manhattan Beach Pump Plant Station Owner: Los Angeles County of Public Works Address: 900 S. Fremont Ave. Alhambra, CA 91803 Contact: Jose Pou (626) 458-2191 Description: Motor control removal and replacement, valves and pump station upgrades Start Date: 4/1512007 Completion Date: 1012008 Bid Amount: $437,400.00 Final Amount: $494,955.00 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Atlas -Allied. Inc. 1210 N. Las Brisas Street Anaheim, CA 92806 as Principal, hereinafter called the Principal, and First National Insurance Company of America 333 City Blvd West Suite 300 Orange CA 92868 a corporation duly organized under the laws of the State of WA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach City Clerk's Office 2000 Main Street, 2nd Floor Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 1. CC 1405 Water Main Extension, Beach Boulevard, Liberty Drive to Spear Drive; 2. CC 1407 Water Main Extension, Beach Bouelvard, Talbert Drive to Ronald Road NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this sa Susan Ponsell (witness) 19th day of July , 2011 Atlas -Allied, Inc. (Principal) Eva Siciliani First National Insurance AIA DOCUMENT A310 • BID BOND i AIA • FEBRUARY 1970 ED. • TH INSTITUTE OF ARCHITECTS,1735 N.Y. AVE., N.W., WASHINGTON, (seai) Vice President/Treasurer (Tine) 1pany of America (Seal) n ela (Tine) RICAN 20006 ACKNOWLEDGMENT State of California County of _ Orange On July 19, 2011 before me, Susan Ponsell, Notary Public (insert name and title of the officer) personally appeared Adriana Valenzuela , who proved to me on the basis of satisfactory evidence to be the persorl(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that -he she/4hey executed the same in -his/her/ it authorized capacity(ie6), and that by-his/her/#hei"r signature(-s) on the instrument the person(s), or the entity upon behalf of which the person(-) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature -��� SUSAN PONSELL Z Comm. # 1927089 NOTARY PUBLIC.- aFftRw ri01M7 ORANGE COUNTY Commis3ion Expwn w27/2015 (Seal) 'r THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON, RED BACKGROUND. 2963 823 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent, " herein stated. FIRST NATIONAL INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: "That First National Insurance Company of America (the "Company'); a Washington stock insurance company, pursuant to and by authority of the By-law. and Authorization hereinafter- set, forth, does hereby name, constitute. and appoint. LOURDES LANDA, ADANA VALENZUELA, MARK W. ROSSKOPF, ALL, OF TIDE. CITY OF FULLERTON;. STAT RIE OF CALIFORNIA ............................ each individually if there be more :than,one named, its true arid lawful attorney-in-fact"to make;:execute;:seal, acknowledge.end deliver, for and on its behalf as surety and as its act and deed,. anyand allundertakings_ bonds, recognizances and. other surety obligations ..In.. the penal , sum not exceeding .************ ** TEN MILLION AND 00/100'****'.**"'`**'**'`" ******"DOLLARS ($ 10,00.0,.000.0.0 _: __: ****)'each and the execution -of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents,shalf be as binding upon the Company as if they had been duly signed . by the president and attested by the secretary of the Company in their own properpersons. That this power is made and executed pursuant to and by authority ofthe following By-law and Authorization: ARTICLE IV - Execution of Contracts: Section 12. Surety Bonds and Undertakings. - y 0 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations N CL as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, C execute, seal, acknowledge and deliver as surety any and all undertakings; bonds, recognizances and other surety obligations. " Such attorneys -in- � fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the president and attested by the secretary. _ is By the following instrument the chairman or the president has authorized the officer or other official" named therein_ to appoint attorneys -in -fact: _ C L = Pursuant to Article IV, Section 12 of the By-laws, Garnet W. Elliott, Assistant Secretary of First National'] nsurance Company of America, is authorized v N v d to appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety AW p ? any and all undertakings; bonds, recognizances and other, surety obligations. c E > =- _ That the By-law and -the Authorization set forth above are true copies thereof and are now in full force and effect. 0O ch c $ IN WITNESS WHEREOF, this Power" of Attorney has been subscribed by an authorized officer "or official of the. Company and the corporate seal of C eo First National Insurance Company of America has been affixed thereto in Plymouth. Meeting, Pennsylvania this 21 st day of - June I-C .� 2010 a) ca : 3 C m FIRST NATIONAL INSURANCE COMPANY OF AMERICA a" tEo C lL0 a°�Ca �gT� 00 t L yaz Garnet W. Elliott, Assistant Secretary o d COMMONWEALTH OF PENNSYLVANIA : ss _� o ._ COUNTY OF MONTGOMERY . = m O i L. On this 21 st" : day of June 2010 before me, a "Notary, Public, personally came Garnet W. Elliott, to me known, and' >% acknowledged that he is an Assistant Secretary of First National Insurance Company of America; thathe knows the seal of said corporation; and, that he t IN executed the above Power of Attorney and affixed the corporate seal of First National Insurance Company of America thereto with the authority and at the " O >"0 direction of said corporation. E c4 Z v IN TESTIMONY WHEREOF a+ to subscribed my"name and affixed my notarial seal at Plymouth Meettn ,Pennsylvania, on the day and year 00 first above written. v .�olrr: cc t' 4otan� sa 34 xif LSD .� Teresa Pasteiia votary Fubllc �y �y�f �iQ% f+ Ls Z P t,ymcuth Tvrrp., Mantgomery ounty Jere a Pastella, NotaryPublic MyC�int=nissicn ExpiresRAar. ?E�_2U73 CERTIFICATE Member, Pennsytvar:a�ssoeta=.€o^ et Meta es I, the undersigned, Ass _rst National Insurance Company of Arneric;a4 do hereby certify that the original power of attorney of which the foregoing is a full, tru r _ y, is"in full force "and.effect on the. date of thiscertificate;. and. I_do further certify that the officer. or official who " executed the said power of a is _an Assistant Secretary -specially :authorized by the chairman. or the president to appoint attorneys -in -fact as - provided in Article IV, Section 12 of the By-laws of First National Insurance Company of America: This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the " following vote of the board of directors of First National Insurance Company of America at a meeting duly called and held on the 18th day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and "binding upon the company with the same force and effect as though.manually affixed. 1�� n11 IN TESTIMONY WHEREOF, I have hereunto subscribed my na J ed the corporate seal of the said oompany; this 2Q1 1 day of SEAL rs�s By David M. Carey, A istant Secretary City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk September 2, 2011 Double D Pipeline, Inc. 42166 Rio Nedo Temecula, CA 92590-3740 RE: CC-1405 & CC-1407 —Water Main Extensions Enclosed please find your original bid bond for CC-1405 & CC-1407. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure g:M§wi30Pt/1 d?i VA0* Waitakere, New Zealand DOUBLE ® PIPELINE SEALED BID FOR City of Huntington Beach Projects: CC 1405 CC 1407 ®PENS: ®ate: 7/21 /11 Time: 2:00pm 2011 J'I,11- 21 Fill 1. 31 1bDouble D Pipeline, Inc. 42166 Rio Nedo Temecula, Ca 92590-3740 City of Huntington Beach City Clerk 2000 Main Street Huntington Beach, CA 92648 SECTIOITT C for the construction of 1. CC 1405 Water Main Extension, Beach Boulevard, Liberty Drive to Spear Drive 2. CC 1407 Water Main Extension, Beach Boulevard, Talbert Drive to Ronald Road 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 50 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. Of/ Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda-'No.Fx � Date Received : R ; > Bidder's Si ndtrire.. F;:r x <.F C-2 PROJECT BID SCHEDULE CC 1405 AND CC 1407 stet : No > st i fated . uaiif Itt it . u»kt:pirIf(:: :: »:::::::::......:: ........................ written: i is tivar :::::::::..... :: +: ::.::.::.::::: Zlnit: Prise::::::: #ended: : . Aznou�l : . 1 1 LS Mobilization/ @ ' /�h �'ti+�J /'� Q � Dollars $ / �, �" E C� $ 15, o !J �- Cents Per LS 2 1 LS Traffic Control @ tG�c•xt ut> �( J�`'L Dollars $ 2Z,C&O $ Cents Per LS 3 1 LS Permitting, including ans double permit @ T (�/�f- t fi? t� c.'"l £�� -- Dollars $ $'�'� Cents Per LS 4 1 EA 8-inch hot tap @ lr,'1 L_"LO t e �' �'�C// �.. Dollars $ ��% Q �C� $ Z Lam,i 2 Cents Per EA 5 1150 LF 12-inch PVC DR1,4 or DR1.8 Water Pipe @ 4JI 'Le-���k-tit er .�� �c _, t � � Dollars ew $ $ Cents Per LF 6 1 EA Install pTout assembly, for 12-inch water line @ �.Q= C. `^ q (�� Dollars $ $ l' Cents Per EA 7 1150 LF Chlorination and tes7g of all new water mains G�,�c+`tor @ j Z i' Q, -•�"�_ � Ca Dollars $ �2- � $ Cents Per LF 8 1 EA 2" air & Vacuum Release Valve Assembly @ '" ( `` Dollars $ f $ I /- ___:� Cents Per EA 9 1 LS Demobilization and cleanup @�G,t<_-Z (? t�<a -• Dollars $ �j- Fl �} n $ jr� c, 0 Cents Per LS Total Amount Bid in Figures: , Total Amount Bid in Words: , ------------------------------------------------------------------------------------------------------------------- Basis of Award C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion o Work>f .Name and Address,of Subcontractor ` ' ... N �State License x`1Vui--ber °Class ;♦ . G.V _"'o !-'`44 G �/9r _.._tom u-14 - 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-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange W110am R. Yankle, ,1r , being first duly sworn, deposes and says that he or she is President of DOUBLE D PIPELINE, INC. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder C./ SimWd 42166 Pike Nedu Temecula, CA 9925,90- 37'a °t Address o i e�'-"`. `� "" Subscribed and sworn to before me this 21 day of Z,� , 2011 NOTARY PUBLIC NOTARY SEAL C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Water Main Extension Projects, Various Locations, Project Numbers CC 1405 and CC1407, (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: DOUBLE D PIPELINE. INC. Contractor By President Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 0- No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: �/� //,/ Contractor President Title C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: 6 .,.—r—E, a G. Bidder Name ,2166 Rio Nedo -3704 CA 92590 Business Address City, ( 9 S-)) ? 016 ( 3 Z-o Telephone Number s State Contractor's License No. and Class 10 - / Y- I Aq--J�- Original Date Issued Expiration Date State Zip The work site was inspected by William R Yankie_ O f our office on '"7 12D (// , 201_ The following are persons, firms, and corporations having a principal interest in this proposal: William R, `hankie, Jr. President C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. DOUBLE Q PIPELINE, INC Company , am Signature of Bidder William R. 'hankie, Jr. Printed or Typed Signature Subscribed and sworn to before me this 2 ) day of , 2011 . NOTARY PUBLIC �h��� .,C� L Yfti;;Ce 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. 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 FIRST NATIONAL INSURANCE COMPANY OF AMERICA BID BOND 130 . NO NO. 195 KNOW ALL MEN BY THESE PRESENTS, Thatwe, Double D Pipeline, Inc. as Principal, and First National Insurance Company of America a corporation authorized to transact a general surety business in the State of CA as Surely, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) in the hA and just sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars, ($ 10x******* ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs. administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for CC 1405 - Water Main Extension & CC 1407 - Water Main Extension various locations in Huntington Beach, CA NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terns of such bid, or in the event of the failure of the Principal to enter such Contract. If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and Sealed this 14th day of July 2011 Double D,P'peline, Inc. First National Ins prance Company of America s... By= f/ gYAL William Yankie - P esident PvindpW Ry Mantle an°mer to Fail ACKNOWLEDGMENTCALIFORNIA ALL-PURPOSE ?�$�S y S; •�S C�.�-.�-'S;c�S,: �cs�. 5�-s�-'�.•s�>''a v �;�> ,,.�c, cf:�> . i;.:�,•5:��,..�. s'�.�S,�;c�.v- G.= Ss� �3v!::G= 5;�. t� M�� -ae�< State of California County of Orange On7 _ tom' before me, Mary Martignoni — Notary Public Date Here Insert Name and Title of the Officer personally appeared Ryan Mantle Name(s) of Signer(s) ' MARY MARTIGNONI Q;�� � COMM. D NOTARY PUBLIC - CALWORNIA z ORANGE couNTY My Comm. Expires Sept. 9, 2011 who proved to me on the basis of satisfactory evidence to be the person whose name* is/pAe subscribed to the within instrument and acknowledged to me that he/5Wexecuted the same in his7Et~ authorized capaci"P41 and that by his;7j f signatureX on the instrument the person, or the entity upon behalf of which the personS_acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signat�r / V Place Notary Seal Above Signo f Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Ryan Mantle ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: First National Insurance Company of America Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General El Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 10�LIbert POWER First NationalInsurance company ofAmerica Nlutua,]. OF ATTORNEY Suite i oovenue Seattle, WA 98154 KNOW ALL BY THESE PRESENTS: No. 9018 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint *"*****"********* ""*"*"*LES M. MANTLE; RYAN MANTLE; Fullerton, California******""" its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 21st day of March 1 2009 Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys4n-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this kMc C- SEAL r vi 1 SZt3 wee 3 S-1049/DF 3/09 ¢ 14th day of July 1 2011 lac* a,, kj Dexter R. Legg, Secretary WEB PDF City ®f Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk September 2, 2011 E & R Construction, Inc. 5141 Calmview Ave. Baldwin Park, CA 91706 RE: CC-1405 & CC-1407 — Water Main Extensions Enclosed please find your original bid bond for CC-1405 & CC-1407. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure gSiRftupt2W@snta t*oidap=o® Waitakere, New Zealand ZC11JUL 21 P11 1- 31 E&R Construction Inc. General Engineering Contractor 5141 Calmview Ave, Baldwin Park, 91706 Lic. No. 449476 (626)-338-8405 * Fax( 626)-960-7206 DO NOT SEALED TOM i. 6bV) �'-' SECTION C 4�Do �1 2- PROPOSAL for the construction of (\• 1. CC 1405 Water Main Extension, Beach Boulevard, Liberty Drive to Spear Drive 2. CC 1407 Water Main Extension, Beach Boulevard, Talbert Drive to Ronald Road 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 50 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. ggg;e eO*. vre. C-1 iV PARX 0.4 91700 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 in the amount of $ `� which &I said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature �J £.9R MXORW71071, Me. C-2 VA4XXPM PARX A4 9 1706 PROJECT BID SCHEDULE CC 1405 AND CC 1407 Item No.: :Estimated: .::':" :. Quantity >:::: _:tem.w#t :u,nit prlc(:::: :::................... written in words ;;: :.::::::: Unit'Price. " Extended ; " Amount l 1 LS Mobilization Dollars Cents $ 07-SCOC) $ ;�gVO17 — Per LS �� 2 1 LS TrafficControl (a; Dollars $9006 $?cool) Lents Per LS 3 1 LS Permitting, including Caltrans double permit $ otli✓ $ L�®d d ---Dollars Cents Per LS 4 1 EA 8-inch hot tap pp !a; ��eu V $'7oo6 — $ ?000 _Dollars Per EA g 1150 LF 12-inch PVC DRid or DR18 Water Pipe (i ew � --Dollars $ / 8 9 � 70OZ) $ �"n -Cents Per LF 6 1 EA Install pump outassembly, for 12-inch water line a--`'"8'�-�'_ Dollars ACents Q� $ U�/�(� �� $ F000 Per EA 7 1 150 LF Chlorination and testing of all new water mains ri- ��-� Dollars $ l —Cents --- Per LF 8 1 EA 2" air & Vacuum Release Valve Assembly ir? —_�� Dollars $ $ Cents Per EA 9 1 LS Demobilization and cleanup ;ir; / Dollars $ $ �Od v I _Cents Per LS 'Fotal Amount Bia inFigures: 5®0. Total Amount Bid in Words: 7M.W" Q �tjeMeA Scup NEAR �d M&C 906'bd &&;e ed ; e7IRM ire. Basis of Award .1141 0s4 W/"5W ' Vy,i° V ;pA e,4 91706 C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. sm eo*577-76r&. rye. 5141 Alls. C-4 VAeDWM PARX eA 91706 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange L (UAA*k C" , being first duly sworn, deposes and says that he a is .5� of e - ftttt:b4k ICL(— 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. ewl-y � Ac- Name of Bidder Signatu of Bidder Sr (4( W1Ro6A-) A-t-t--, " Aa. 4- 9170& Address of Bidder Subscribed and sworn to before me this 1 4+L day of 12011 NOTARY DONNA MICHELE BUSTAMANTE ,\ N ae... 576 NO ARY�M. PUBLIC a A� FORNIA N COUNTY OF Los ANOELES MY COMM. EXP. MAR. 29, 2013`A NOTARY SEAL VAeDWI 1 AZt e4 9l706 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Water Main Extension Projects, Various Locations, Project Numbers CC 1405 and CC1407, (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: Contractor By Title 6.e2 n4z 49?!ZOV, *7&e. C-6 5141 s , VAeOW1171 ;VARX e4 91706 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes �Mo 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. u2? eattmm=o. 're. C-7 5141 es ✓mod SW A115. VAW'1'& ;D4*X. e-4 91706 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. Date: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor By Title 5&R G'0*M?7*7051. 17W. C-8 5w eAeAmEw r . VAzMl-/& PARX.. eA 9l706 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name 5'141 6A 1m Jt� - Business Address y�.��r c�►N PAWL 6- 9/ 7 (5 4 City, State Zip (6 2() 3 3df- Telephone Number /-/ tf�z/7o 4, C- sy, r- L State Contractor's License No. and Class 0-H-83 Original Date Issued Expiration Date The work site was inspected by G of our office on,/6 �P , 201L. The following are persons, firms, and corporations having a principal interest in this proposal: 4 nc� (At L-QAM 5-&R eon �em -I&e C-9 ,V7V VAS' & PARX 64 91 m 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. E44L70SMwi:..— � C— Wti-ccAYAL-,A i J'Z— Printed or Typed Signature Subscribed and sworn to before me this .1a. 4a day of , 201L . DONNA MICHELE BUSTAMANTE :o_ Comm. # 1842576 rn N • NOTARY PUBLIC. CALIFORNIA U1 COUNTY OF LOS ANGELES MY Comm. EXP. MAR. 29, 2013 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: r 1,12 Q Contract Amount ype of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 5141 VAeD 11*%&Z r ..-4RX e.,4 91706 IE&l1g Construction Inc. General Engineering Contractor � 5141 Calmview Ave., Baldwin Park CA 91706 Lic. No. 449476 G V W %. (626)-338-8405 * Fax(626)-960-7206 W W Completed Contracts Owner Kind of Work Location Contact Contract Value Completed Dispute Comstock Homes S/W/SD/U Pico Rivera Mike DeGiovoni 310-546-5781 ext 216 $ 651,700.00 2008 NO Comstock Homes S/W/SD/U Santa Fe Springs Mike DeGiovoni 310-546-5781 ext 216 $ 5,444,772.00 2008 NO Dre fuss Construction S/W/SD San Gabriel John Klabau 310-902-6519 $ 344,000.00 2008 NO Sequel Contractors S/SD Burbank Tom Pack 562-802-7227 $ 347,000.00 2007 NO WF Construction S/W/SD Rancho Cucamonga Jim Mohehan 909-599-4262 $ 595,000.00 2008 NO WF Construction S/W/SD Chino Hills John Grad 909-599-4262 $ 1,039,900.00 2007 NO sub toSe uel Contractors SNV/SD San Clemente Tom Pack 562-802-7227 $ 1,750,000.00 2009 NO City of Claremont SD Claremont Maria Tipping 909-399-5465 $ 29,600.00 2009 NO sub toSe uel Contractors W/SD Anaheim Tom Pack 562-802-7227 $ 347,000.00 2009 NO Pan Construction W Monterey Park Paul Shih 626-285-0888 $ 250,000.00 2009 NO Ciene a Estates Dry Utilities San Dimas Allan Alt 310-281-3250 $ 850,000.00 2009 NO Pan Construction W Rollin Heights Paul Shih 626-285-0888 $ 450,000.00 2009 NO Fox Group SD La Verne Bill Fox 909-920-9962 $ 75,000.00 2009 NO City of Arcadia W Arcadia Tiffany Lee 626-256-6554 $ 13,812.16 2010 NO City of Arcadia W Arcadia Tiffany Lee 626-256-6554 $ 1,600.00 2010 NO City of Arcadia W Arcadia Tiffany Lee 626-256-6555 $ 16,150.00 2010 NO City of South Pasadena W South Pasadena Gabriel Nevarez 626-403-7248 $ 126,831.53 2010 NO City of Arcadia W Arcadia Tiffany Lee 626-256-6555 $ 263,563.40 2010 NO Golden State Water Co. W Bell Conde Ventura 310-436-6950 Ext 102 $ 136,418.00 2010 NO Golden State Water Co. W Culver City Linda Cunningham 562-522-8835 $ 128,910.00 2011 NO Golden State Water Co. W Culver City Linda Cunningham 562-522-8835 $ 50,025.00 2011 NO Golden State Water Co. W LA County Conde Ventura 310-436-6950 Ext 102 $ 28,400.00 2010 NO Golden State Water Co. W Lawndale Conde Ventura 310-436-6950 Ext 102 $ 114,204.00 2010 NO Golden State Water Co. W San Dimas Eric Piveroff 714-535-7711 Ext 348 $ 16,400.00 2010 NO IE&R Counstir uctiioun ffuneo General Engineering Contractor 945 Wellington Rd. San Dimas, CA. 91773 Lic. No. 449476 (626)-338-8405 * Fax( 626)-960-7206 CORPORATE RESOLUTION UPON A MEETING OF THE BOARD OF DIRECTOR OF E & R CONSTRUCTION INC IT IS HEREBY RESOLVED THAT THE FOLLOWING OFFICERS MAY SIGNED DOCUMENTS FOR THE CORPORATION FOR THE REASON OF COMMITING THE CORPORATION TO CONTRACTS AND BID DOCUMENTS FOR OBTAINING WORK FOR THE CORPORATION. Russell Conroy, President Leah Diane Conroy, Vice President William Carney Jr, Secretary Signed this 6th day of J e, 2006. Russell Conroy, director CO- Zne C roy, ectorl m C rney Jr or St 4f eA,47&11'I52v ,416. $ ;Vi4R;;�. eA 91706 Bond No. Bid Bond BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we E & R Construction, Inc. as Principal hereinafter called the Principal, and Ullico Casualty Company a corporation duly organized under the laws of the state of Delaware as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount of the bid Dollars ($ 1 o% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CC1405 Water Main Extension CC1407 Water Main Extension NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 1st day of July , 2011 E & R Construction, Inc. Witness Principal (Seal) By: I AlcJAA .11, Nifl� Ullico Casualty Company (Seal) Witness By: mothy D. Rapp orney-in-Fact £cir .. 2 •. 5141 e^ : '--,f'?: ACKNOWLEDGMENT State of California County of Orange On' 07/01/2011 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Timothy D. Rapp , who proved to me on the basis of satisfactory evidence to be the person whose na s) ispfe subscribed to the within instrument and acknowledged to me that help- y executed the same in his/ rir authorized capacitytF ), and that by his!> r,Ti it signaMr ) on the instrument the perso,A, or the entity upon behalf of which the perfs r*) 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. 77— WITNESS my hand and official seal. SEA.LOF DEBRA SWANSON n" o� °;A COMM. # 1822117 ;0 o NOTARY R&r OA FORMA X Y ORANGE COUNTY °qc My Comm. Expires NOY 10, 2012 Signature � e �:,� �tic,���� �.�_�� (Seal) E&R a VS7RVe 901t 99lG 5141 eAen719W,4115. VAeD rMx �,47:z e,4 y1 706 ULLICO Casualty Company 1625 Eye Street, N.W. Washington D.C. 20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY (the Company), a corporation organized and existing under the laws ofthe State of Delaware, does hereby constitute and appoint: Linda D. Coats , Matthew J. Coats , Douglas A. Rapp , & Timothy D. Rapp of Coats Surety Insurance Services, Inc. Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5, 000, 000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority ofthe following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July, 2009. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such offices and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this 16th day of July, 2009. 0:a;r � Daniel Aronowitz President ULLICO Casualty Company, a Delaware Corporation. On this 16ih day of July 2009, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer ofthe ULLICO CASUALTY COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE I, Teresa E. Valentine, Senior Vice President, General Counsel and Secretary of ULLICO Casualty Company, do herby certify that the foregoing resolution ofthe Board of Directors and this Power of Attorney issued pursuant thereto on this 1st day of July , 20 11 _ are true and correct and are still in full force and effect I do further certify that that Daniel Aronowitz, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 1st day of July 20 11 Teresa E. Valentine Senior Vice President, General Counsel & Secretary ULLICO Casualty Company g&R e0ns7,--'u6'7'70x. me. 5141 20 A11S. FAeV M Pr47-z. e,4 91706 City of Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 (714) 536-5227 * www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk September 2, 2011 Kana Pipeline, Inc. 1639 E. Miraloma Ave. Placentia, CA 92870 RE: CC-1405 & CC-1407 — Water Main Extensions Enclosed please find your original bid bond for CC-1405 & CC-1407. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure g:jppnUpc�i�pp�oct' Waitakere, New Zealand KANA PIPELINE, INC. 1639 E. MIRALOMA AVENUE PLACENTIA, CA 92870 TEL# (714) 986-1400 2011 ?P..J#. 2 1 hil 1: (23 "SEALED ICI®" for 1. CC 1405 Water Main Extension, Beach Boulevard, Liberty ®rive to Spear ®rive. 2. CC 14O7 Water Main Extension, Beach Boulevard, Talbert to Ronald Road. of Machine ®rive. in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL DELIVER TO THE OFFICE OF THE CITY CLERK, SECOND FLOOR OF CITY HALL BID LOCATION: CITY HALL/OFFICE OF THE CITY CLERK, 2ND FLOOR 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 BID DATE: THURSDAY JULY 21, 2011 @ 2 P.M. i SECTION C PROPOSAL for the construction of 1. CC 1405 Water Main Extension, Beach Boulevard, Liberty Drive to Spear Drive 2. CC 1407 Water Main Extension, Beach Boulevard, Talbert Drive to Ronald Road 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 50 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 o � 'i�in theeaamount of $ ®� VIP said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE CC 1405 AND CC 1407 ter>rit NA Stinzate..::::::: uanti .:::: .:.::tetn:with :unitjork!:.:::::::;:::: :::::::.: :::: ;written int wor :: ::::::::: nit:Priee . :xt nd:e .: . Amounl:> 1 1 LS Mobilization @ Dollars $ ���npi? .r $ Dob Cents Per LS 2 1 LS Traffic Control @ Dollars $ 114006 $ titC' 001� Cents Per LS 3 1 LS Permitting, inclluudingg`C�altrans double permit @ 01')��-t ai�.+�5>�b�i Qhc Nib Pbollars $ ��ID�G� .o $ ` "© Cents Per LS 4 1 EA 8-inch hot tap �y �,o @ `1i'$11� cS�ld-S� C u� `f��� l Mars 'je o $ `�% r " c $ Cents Per EA 5 1150 LF 12-inch PVC DR14 or DR18 Water Pipe @ 0015� )AUV-1( ' C'�f 0(6. ' - Dollars 00 $ $ �© Cents Per LF 6 1 EA Install pump out assembly, for 12-inch water line @ MJQDollars g� do — $ Cents Per EA 7 1150 LF Chlorination and testing of all new water mains @ Dollars $ �► $ �� Cents Per LF 8 1 EA 2" air & Vacuum Release Valve Assembly �t 9 @� �t%:00V4pllars Cents hh f9c, $ 1 M�f $ `i-t !S7� Per EA 9 1 LS Demobilization and cleanup @ �W '� Dollars op $ i $ �i Cents Per LS lotal Amount Bid m figures:to COD Total Amount Bid in Words::-t-'a�i.0C� Basis of Award c C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class i 4 L_ 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-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange L being first duly sworn, deposes and says that he or she is of �1�, p� j,lr1� , I 1 j CG 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. Name of Bidder Signature of Bidder Address of Bidder Subscribed and sworn to before me this 20 day of 201 U NOTARY NOTARY SEAL C-5 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 it See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) 0 Signature of Document Signer No. 1 State of California County of v KELLEE JEAN SMITH-RAMELOT H COMM. #1829630 a)co V c NOTARY PUBLIC-CALIFORNIA n ORANGE COUNTY (p bty Conn). Expires Jan, 06. 2013 Le Place Notary Seal Above Signature of Document Signer No. 2 (if any) Subscribed /}and �sworn to (or affirmed) before me on thisy� " day of L�—, 20 11 by Date Month Year ICA hGQ Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) Name of Signer proved to me on the basis satisfactory evidence to be the f d before me.) Signat Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: / ��y r Document Dater f/ U Number of Pages: Signer(s) Other Than Named Above: RIGHT THUMBPRINT RIGHTTHUMBPRINT bF SIGNER #1 OF SIGNER #2 .p of thumb here Top of thumb here 0 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Water Main Extension Projects, Various Locations, Project Numbers CC 1405 and CC1407, (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: Contractor By Pze-CZJ,P�kTF Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes Lo If the answer is yes, explain the circumstances in the space provided. 6J � Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 2,1 e2-O b Contractor VA44 k t-- By ''��- , Title C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name � (039 t—:7 e M 1 p-est-C) {Mp,:, k�,� Vi 13 5—: Business Address - a� CA- tom\A�, 012--e)-7® City, State Zip ('114 ) -'I J3 4S Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by r! • e��o �_ of our office on A U I-j 17�- 201-1. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 . The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. iN,- P VPE-►.-1 -A)F-� Company Name Signature of Bidder M Printed or Typed Signature Subscribed and sworn to before me this' day of JW , 201� . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 142.5 4-;,. 30'�J \t ►'C;;hL �y tA 0O-r&ip-1 Name and Address of Public Agency Name and Telephone No. of Project Manager: .11/ ����� (qc 7A) 3-151S 2-GCJ 4+ S 1, 5 g'-J /-1 45 Q2-a i l(t I eo Contract Amount Type of Work 2. lcr Name and Address of Public Agency Name and Telephone No. of Project Manager 1 ii �SZ, 6z�S ' � & Contract Amount 1til!`SL� rtAl� Type of Work © 6 210 10 Date Completed 0-7 C> 2-a1 C) Date Comp eted 3. Gam► Name and Address of Public Agency Name and Telephone No. of Project Manager: -)- t r-> \ g , G-1,-b .9- Contract Amount Type of Work to Completed C-10 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 I See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed onlv by document sicinerfsl, not Notary) aiyuttwie �i vucw nern aiynei rv�. i u�yuawic �� ww���c��. .eiync� �.... � ��� a��ri State of California County of KELLEE JEAN SMITH•RAMELOT COMM. #1829630 m a NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY ZJ My Comm. Expires Jan. 06. 2013 Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this U day of �j Lk Uj , 201�1 Date Month Year by (1) ba 1110 , Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (and (2) Name of Signer proved to me on the basis of satisfactory evidence to be the pgrsO A4q d' � before me.) Signatu OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: cyl Document Date:UL"L Number of Pagesor0 Signers) Other Than Named Above: Signature of Notary Public 0 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Kana Pipeline, Inc. 1639 E. Miraloma Ave., Placentia, CA 92870 as Principal, hereinafter called the Principal, and Fidelity and Deposit Company of Maryland 801 N. Brand Blvd., Suite Penthouse, Glendale CA 91203 a corporation duly organized under the laws of the State of Maryland as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent (10%) of the total amount bid -------------------- ------------------------------------------------------------------------------- Dollars ($ 10%-------------------- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 1. CC 1405 Water Main Extension, Beach Boulevard, Liberty Drive to Spear Drive 2. CC 1407 Water Main Extension, Beach Boulevard, Talbert Drive to Ronald Road NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified In the biding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 12th day of July , 2011 m Luu Fidelitv and Deoosit Comoanv of ArtomeY4rrFact Nanette My (V9) AILA DOCUMENT A310 • BID BOND • AIA • FEBRUARY LWO EA • THE AMERICAN INSTITUTE OF ARCHITECTS,17M N.Y. AVE., N.W., WASHINGTON, D.C. 20006 Wow �v�-ac!-�e.�a�.,.-a,.- • w �G. �,t..yv.,. • say..v.,-a,�, "-�,,�aS�S �a,•�Rr-�v�.,.�i.4"' a��aS�u..�a.. v.. tea' • �a'!a4,.- a.�S..-�, State of California County of Orange On July 12, 2011 before me, K. Luu, Notary Public Date Here Insert Name and Title of the Officer personally appeared Nanette Myers Name(s) of Signer(s) K. LUu •.,: .. Commission # 1778641 Notary Public - California z r� Orange County 14iy Comm. E;^fires hov b, LC1 Place Notary Seal Above 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 116/she/thdy executed the same in Ms/her/flit authorized capacity(M), and that by Yfig/her/t&V signature(6) on the instrument the person(b), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand arh official seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: ❑ Individual ■ ■ rs ■ ■ ■ Corporate Officer — Title(s): — Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMBP_RINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER. I Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By -Laws of said )o�iiny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the da#r� ereby nominate, constitute and appoint James A. SCHALLER, Mike PARAZINO, Na to tR$;heU AULT, Rhonda C. ABEL, Kim LUU and Jeri APODACA, all of Newport Be h r —lE`A Er went and Attorney - in -Fact, to make, execute, seal and deliver, for, and !�a cl�l s`suilety 1� a6 -eed: any and all bonds and undertakings, and the execution of such`b %` c r inns i r rh ill tk2se presents, shall be as binding upon said Company, as fully and amply tea�i�t uf;�ur p,��;trey �een duly executed and acknowledged by the { t v '; \ ' 1 regularly elected of "q��Cabin nny I it�c;t�� sIv� sitiMore, Md., in their own proper persons. The said Assistant S1 cPetar ,cfo4*�`r� _ . t y'that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- @f afco6pany, and is now in force. 4 IN WITNESS W R OF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 23rd day of June, A.D. 2011. ATTEST: rp�rpp 9EPOSf � 1 p 189Q t State of Maryland City of Baltimore ss: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Se creturi By: Frank E. Martin Jr. Vice President On this 23rd day of June, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to he the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. *.•fit;. �.��,� tdGti�''E of I I N���`` Maria D. Adainski Notan' Public My Commission Expires: July 8, 2015 POA-F 012-9310P CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California CIVIL CODE § 1189 County of J J On J�1 before me, Ke (L2J�t)i�) Date / ., / Here Insert Name and Title of the Officer personally appeared/) C �/ L—� Name(s) of Signer(s) KELLEE JEAN SMITH-RAMELOT as COMM. #1829630 NOTARY PUBLIC-CALIFORNIA _j ORANGE COUNTY W My Comm. Expires Jan. 06. 2013 who proved to me on the basis of satisfactory evidence to be the perso* whose namely ism subscribed to the within instrument and acknowledged to me that heMe/eey executed the same in his/fle�ir authorized capacity, and that by his/ f/fir signature(s) on the instrument the person(p; or the entity upon behalf of which the personXacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and of' ial seal. Signature: Place Notary Seal Above T w, q Signature of Notary Public OPI l ®I tlJ�4 L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docume it n f Title or Type of Document: 1A"/A t/ Ott cat lJ Document Date: �� L G��. »r�! Number of Pages: ---___� Signer(s) Other Than Named Above: Capacity(ies) Claimed by Si ner(s Signer's Name: Sign A Corporate Officer— Title(s): C ❑ Individual ❑ In ❑ Partner — ❑ Limited ❑ General Top of thumb h e ❑ R ❑ Attorney in Fact ❑ A ❑ Trustee ❑ Ti ❑ Guardian or Conservator ❑ G ❑ Other: ❑ O Name: rate Officer — Title(s): RIGHT THUMBPRINT ■ N ■ Top of Signer Is epresenting: Signer Is Rep ) 0 2010 National Notary Association - NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk September 2, 2011 John T. Malloy, Inc. 3032 Bandini Blvd. Los Angeles, CA 90058 RE: CC-1405 & CC-1407 — Water Main Extensions Enclosed please find your original bid bond for CC-1405 & CC-1407. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure g:SiNwnoOiM31 pnt/ o�ilpdLrio# Waitakere, New Zealand JOHN T. MALLOY, INC. 3032 BANDINI BLVD. LOS ANGELES, CA 90058 2G 11 ,.!'j1- 2 I Pil 1: 41 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Bid Proposal - CCI405 & CC1407 Water Main Extension SECTION C PROPOSAL for the construction of 1. CC 1405 Water Main Extension, Beach Boulevard, Liberty Drive to Spear Drive 2. CC 1407 Water Main Extension, Beach Boulevard, Talbert Drive to Ronald Road 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 50 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' ',ouxs 23o.-B in the amount of $ /a h, which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Se able to the AGENCY. (Please insert the words "Cash", "Certified Check", o "Bidder's Bon ", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No:. ' Date Received: Bidder's Si nature C-2 PROJECT BID SCHEDULE CC 1405 AND CC 1407 item:: .... stx►>rkated ................... .............. Quanfit3 : :::::..: .::. to i:r i#�r'ui»k#: �ricl.. ................. ... ........................ . .......................... ............................................................. :::.::rittn::i: yvo�rds: ::::: ':: »::::: ::: ::....... »:::... .... .. ......... ....................... :: a7nit::Price::: ...E #ended :::: .. .... ;Anioul:::: 1 1 LS Mobilization fl @ T� ou5OLncY Dollars $ o Ooe $ d 00,29- ►w Cents Per LS 2 1 LS Traffic Control @ %.e,J e."J' wo,/ Dollars $ 0,00ep $ O 0PO ,J p Cents Per LS 3 1 LS Permitting, including Caltrans double permit @ 7Z✓ o u S 0.� Dollars $ 0 0 . to $ 00. y� Q Cents Per LS 4 1 EA 8-inch hot tap @ T�u✓t u..1_Ct Dollars $ /0 o� $ d00.°a K p Cents Per EA 5 1150 LF 12-inch PVC DR14 or DR18 Water Pipe @ orj-e Dollars $ ZDI $ .7J/ I e e i✓o Cents Per LF 6 1 EA Install pump out assembly, for 12-inch nwater line @ TvJc,;' �1ous,ot,, �L Dollars $ ab� $ D do•—� 140 Cents Per EA 7 1150 LF Chlorination and testing of all new water mains @ T„y 0 Dollars $ 0 . , $ 60. A 6 Cents Per LF 8 1 EA 2" air & Vacuum Release Valve Assembly @ 1L re.. out aLeLCIL Dollars $ 06o $ D Jn 6 Cents Per EA 9 1 LS Demobilization and cleanup @ 5L; Ind VS OitioQ Dollars $ o ao,�'- $ 4 11 OOd; �.p Cents Per LS Total Amount Bid in i ures: 5 S o y Total Amount Bid in Words- Tanse Hp.✓ari•oa/ Fer/>, Tl�ow�oaa1 `o�� /db.��iea✓ �rt ---- - --- - ----------------------------------------------------------------------- ----- -- Basis of Award C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion' o WorkJ Name and Address;:of< Subcontractor .. . State;Lkimse a Number" =" Class N u 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-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID State of California ss. County of CKMW Los Angeles John Justin Malloy , being first duly sworn, deposes and says that he or she is Vice President of JOHN T. MALLOY, INC. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. JOHN T. MALLOY, INC. Name of Bidder 3032 Bandini Blvd. Los Angeles, CA 90058 Address of Bidder Subscribed and swornto before me this loth day of July , 2011 NOTARY PUBLIC Carol A. Wharr, Y- CAROL A. VHiARRY Commission # 1872176 • Notary Public - California Los Angeles County My Comm. Expires Dec 24.2013 NOTARY SEAL C-5 California All -Purpose Acknowledgement State of California } County of Los Angeles On July 20, 2011 personally appeared before me, Carol A. Wharry John Justin Malloy CAROL A. tNHARRY Commission # 1872176 i ,-d Notary Public - California D = Los Angeles County My Comm. Expires Dec 24, 2013 Notary Public Seal Description of Attached Document Title or Type of Document: NONCOLLUSION AFFIDAVIT a Notary Public who proved to me on the basis of satisfactory evidence to be the person(s)-whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/ sheA-hey executed the same in his/hekheir authorized capacity(ies), and that by his/herhheir signatures} on the instrument the person(sf , or the entity upon behalf of which the person(e-� acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Signature OPTIONAL Document Date: July 20, 2011 Number of Pages: One Signer(s) Other than Named Above: None Capacity(ies) Claimed by Signer(s) ❑ Individual Vice XUCorporate Officer: President ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ,pil�u,�r ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Water Main Extension Projects, Various Locations, Project Numbers CC 1405 and CC1407, (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: b7i,a6hI S�� Contractor By YJ Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes o If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: -a7 b Q b I Contractor V1 CD �✓ ¢�S 1 I'."t Title C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: JOHN T. MALLOY, INC. Bidder Name 3032 Bandini Blvd. Business Address Los Angeles CA 90058 City, State Zip ( 323 ) 780-9941 Telephone Number 350287 "A" State Contractor's License No. and Class ,7 / 74 Original Date Issued :7/31/12 Expiration Date The work site was inspected by us 1-7, M&ltdv of our office on u 1 S— , 201 1 . The following are persons, firms, and corporations having a principal interest in this proposal: 11A6o. vim C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. JOHN T. MALLOY, INC. Company e Signature Bi der John Justin Malloy Printed or Typed Signature Subscribed and sworn to before me this20thday of July NOTARY PUBLIC Carol A. Wharry, , yo.�aelm CARD A. WHARRY Commission #E 1872176 = ais Notary Public - California z zLos Angeles County D My Comm. Expires Dec 24, 2013 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. C .i Name and Address of Public Agency Name and Telephone No. of Project Manager: M" C jpLd i c A) a i, e 739-for&6 Contract Amount Type of Work 2. e ,, 4tr 0- i Name and Address of Public Agency 0 3/10 Date Completed Name and Telephone No. of Project Manager: Ku.. �1 Z 45-004000, U-1- WC'-tz;-- Q(o�jd Contract Amount Type of Work Date Completed 3. / Name and"Address of Public Agency Name and Telephone No. of Project Manager: 1-I c:I LO-0-1 &A�= ( d-- -� t )4g5=s-Ut 000. LA` Type of Work of ftv Date Completed C-10 California All -Purpose Acknowledgement State of California } County of Los Angeles On July 20, 2011 before me Carol A. Wharry a Notary Public personally appeared John Justin Malloy CAROL A. WHARRY �.. Commission # 1872176 a ,-d Notary Public - California D Los Angeles County My Comm. Expires Dec 24, 2013 Notary Public Seal Description of Attached Document Title or Type of Document: Bidder's Information Document Date: July 20, 2011 Signer(s) Other than Named Above: NONE Capacity(ies) Claimed by Signer(s) ❑ Individual Vice Corporate Officer: President ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: who proved to me on the basis of satisfactory evidence to be the person(s-)- whose name(s) Waft- subscribed to the within instrument and acknowledged to me that he/ skeftirey executed the same in his/hefMteir authorized capacity(.igs,), and that by his/herftheir signature(s) on the instrument the person(s}; or the entity upon behalf of which the person(O-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. E���d - "M�t- Notary Public Signature OPTIONAL umber of Paces: Two ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: U KNOW ALL MEN BY THESE PRESENTS, that we JOHN T. MALLOY, INCORPORATED as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 3033 Fifth Avenue, Suite 300, San Diego, CA 92103, as surety, hereinafter called the "Surety," are held and firmly bound unto CITY OF HUNTINGTON BEACH as obligee, hereinafter called the Obligee, in the sum of TEN PERCENT 10°!0) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for CC 1405 WATER MAIN EXTENSION, BEACH BLVD., LIBERTY DRIVE TO SPEAR DRIVE CC 1407 WATER MAIN EXTENSION BEACH BLVD., TALBERT DR. TO RONALD ROAD; BID DATE: JULY 21, 2011. NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project; and PROVIDED, FURTHER, unless the bid documents require that bid security remain in effect for a longer period of time, Surety shall have no liability hereon if a contract for the bid amount is not awarded to Principal within 60 days of the date hereof. SIGNED, sealed and dated this 14r" day of JULY, 2011. JOHN T. MALLOY, INCORPORATED (Principal) BY: - A,1Y TITLE: ! s SURETEC INSURANCE COMPANY BY: Audrey Rodrfduez, Atto y-ii1- act Suretec Bid Bond Form Rev 1.1.06 State of California County of San Diego } On July 14, 2011 personally appeared before me. B. Lafrenz, Notary Public (here insert name and title ofthe officer) Audrey Rodriguez who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person,acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 'IN Attorney -in -Fact ❑ Trustee(s) ❑ Other Signer is Representing Surety Company CAPAV12,10,05,Cby Asm,iationofPmfrssionai Nolacie &CSASOO-873-4865 itiv .aotngduses.cotn POA#: 510143 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Larry D. Cogdill, Michael W. Thomas, Brooke Lafrenz, Gladys Rogers, Audrey Rodriguez its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force _until 10/31/2013 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2e of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 2010. ,_w SURETEC INS EC PANY \ yuRA C a By: w w ; D' John I o Jr., resident State of Texas ss: County of Harris On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., tome known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JAC9UELYN �M. LYN MALDONADO Notary Public, State of Texas My Commission Expires acq ely aldo ado, Notary Public May It, 2013 y comm sion ex s May 18, 2013 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still .in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 14 t h day of J u 1 y 2011 , A.D. M. Brent Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. California All -Purpose Acknowledgement State of California } County of Los Angeles On July 20, 2011 personally before me, Carol A. Wharry John Justin Malloy aCoCAROL AHARRY mm-Is-slo-1-18-72-17-6- Notary Public - California My Los Angeles County Comm. Expires Dec 24, 2013 Notary Public Seal Description of Attached Document Title or Type of Document: Bid Bond Document Date: July 14, 2011 Signer(s) Other than Named Above: None Capacity(ies) Claimed by Signer(s) a.Signer ❑ Individual pace XUCorporate Officer: President ❑ Partner - U Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: xx Signer is Representing: , a Notary Public who proved to me on the basis of satisfactory evidence to be the person(&)' whose namel(s) is/an subscribed to the within instrument and acknowledged to me that he/ sheA hey executed the same in hiss authorized capacity(4e,*), and that by his/kerkheir signature(&) on the instrument the person(as , or the entity upon behalf of which the person(.&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Signature OPTIONAL umber of Pages: One ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk September 2, 2011 Paulus Engineering, Inc. 2871 E. Coronado t. Anaheim, CA 92806-2504 RE: CC-1405 & CC-1407 — Water Main Extensions Enclosed please find your original bid bond for CC-1405 & CC-1407. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure ggpftp WtM/ rMbigt jqo* Waitakere, New Zealand Oak Paulus Engineering, Inc. 2871 E. Coronado Street Anaheim, CA 92906-M4 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORDS 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 o ij 7-a1- le & a ?'wl !. GG l y05 �art�' V}�ac►7 ��frhJio�t� L�laprfy ,fir, �a SpPa/',fir. 2 �� IV07 Wat ""^ 440- h �k��7s�o�, Qfac� �/moo', Tp �oha�o` ��. CLI SECTION C PROPOSAL for the construction of 1. CC 1405 Water Main Extension, Beach Boulevard, Liberty Drive to Spear Drive 2. CC 1407 Water Main Extension, Beach Boulevard, Talbert Drive to Ronald Road 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 50 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�in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. ' > ' Date=Received ,,A . C-2 PROJECT BID SCHEDULE CC 1405 AND CC 1407 ..... No.. .st i ted ..Quaittity :........ :.::ktem ......: ut it.p�r............. ....... :.::::.......... >.vriften in wordy : .:....: .................. ..................::::. : _.:.::..... IInii Price. .... :::: Amon 1 1 LS Mobilization @ r&*W M9SA&14 Dollars $1o1000n0 $ /0�00®�' Cents Per LS 2 1 LS Traffic Control @ _ S49VAW T'/MyS,oeh Dollars $ 7000 $ 7, ADD Z 45K O Cents Per LS 3 1 LS Permitting, including Caltrans double permit @ Ttk6,,Stj Dollars $ 7- 4000P $ 26660� Z t I�6 Cents Per LS 4 1 EA 8-inch hot tap_ _ @ Ftysr1 V&400 fnvjtPI1 V&Wf Ba Dollars $ t $ S (/&y Z Cents Per EA 5 1150 LF 12-inch PVC DR14 or DR18 Water Pipe @TwaAwdadw Flyr Dollars '®s $ Z f $ 7— EAU Cents Per LF 6 1 EA Install pump out assembly, for 12-inch water line @ Tvrwar 5(w. 4eViO Dollars $ 12$ Z imp Cents Per EA 7 1150 LF Chlorination and testing of all new water mains @ S IX TNDOSAPJ p Dollars $ (01OnQ $ tO. Doom Z LrX0 Cents Per LF 8 1 EA 2" air & Vacuum Release Valve Assembly @ /Gill' / �t%f i� Dollars Cents ° $ 31 $ 4Ct000Q Per EA 9 1 LS Demobilization and cleanup @ OA,)� %'�rjf/J}q,1i7 Dollars $ tt 000 $'' b0XL" Z� Arc, Cents Per LS Total Amount Bid in figures: Total Amount Bid in Words: rvm AU%00460 eo&N1Y S094W j�11k"'I► 4 Owf�4T A"t Fi F N 00114A5 a-- 71ZO c e 4jf-_S Basis of Award 0 C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor'— State License Number x ; Class By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange '06ow , beirM first duly sworn, deposes and says that he or 94@ is " n the f�2 e11DEU f of Awt.y S j ip �� is �.v��c,.vt, . . PAY making foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature 0f Bidder 67171E Corta..;Awa OQ.4 HEMp(of gz Address of Bidder Subscribed and sworn to before me th day of , 201_ . ,� NOTARY PUBLIC NOTARY SEAL C-5 State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 2e day of July, 2011 by Jason Paulus proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. y Seal) CYNTHIA J. VALENCIA v Commission # 1773427 Notary Public -California � Orange County ~ WComm. Expires Oct 15, 2011 OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Noncollusion Aff (Title or description of attached document) Number of pages: Document Date: (Additional Information) UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Water Main Extension Projects, Various Locations, Project Numbers CC 1405 and CC1407, (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: -, 0 - f f Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project becau e of a violation of law or a safety regulation? ® Yes o If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 010 ® { lees Iot)-it" Title C-8 afflfl��: f 1 ROAN"s-11 BIDDER certifies that the following information is true and correct: iA-f IF9k I I-) f Bidder Name an / 6. L D do,'A too Business Address City, State Zip Telephone Number 7d G/ 0- State Contractor's License No. and Class Original Date Issued 06 3®- 20/27 Expiration Date The work site was inspected by J of our office on % ^ 2® , 201j. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the pl and specifications set forth. r �QBd,lo7s Company Name Signature of Bi DA S®!�L rAaAL Printed or Typed Signature Subscribed and sworn to before me this day of NOTARY PUBLIC J , 201. NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past twoyears: / Name and Address of Public Agency FA 3. Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed C-10 Owner/Cpntqpt Information• -rdt 'iProk L66dtiohe i - e •if ' C0'ntr6ctAmt. CompletionDate City of Anaheim Citywide Sanitary Sewer Improvements Anaheim Install Sewer Line $ 367,918.00 Apr-09 Psomas 200 S. Anaheim Blvd. 18" Up to 20' Deep 3187 Red Hill Ave Anaheim, CA 92805 Costa Mesa, CA 92626 (714) 765-5059 v (714) 765-4409 f Coachella Valley Water Dist. Monroe Street Trunk Sewer Coachella Install Over a Mile $ 776,328.00 Feb-09 MSA Consulting Inc 85-955 Ave. 52 of 12" Sewer Line 34200 Bob Hope Dr Coachella, CA 92236 Jorge Meza (760)391-9637 Rancho Mirage, CA 92270 City of Fullerton Sewer Repl Proj. 2007-08 Fullerton Install 18" Sewer up $ 1,100,218.00 Dec-08 DMJM Harris 303 W. Commonwealth Ave. To 24' Deep 999 Town & Country Rd Fullerton, CA 92832 Orange, CA 92868 Eric Villagracia (714) 738-6853 v (714) 738-3115 f Irvine Ranch Water District Bayview Sewage Lift Station Newport Beach Bypass and Replace $ 429,000.00 May-09 URS 15600 Sand Canyon Ave. Main Lift Station 2020 E 1st St Irvine, CA 92618 Pumps & Vaults Santa Ana, CA 92705 Anita Arant (714) 453-5300 Ventura County Waterworks 21" Arroyo Simi Trunk Sewer Ventura Install 21" PVC $ 360,000.00 Jul-08 Pennfield & Smith 6767 Spring Road Sewer Line w/ Bore 1322 Del Norte Rd Moorpark, Ca. 93020 Under Railroad Tracks Camarillo, CA 93010 Cefe Munoz (805) 378-3020 (805) 529-7542 North American Specialty Insurance Company Bond #7.-B Premium Nil BID BOND KNOW ALL MEN BY THESE PRESENTS, That We, Paulus Engineering, Inc. 7 E.-Coronado Street of Anaheim, CA 92806 as Principal, and North American Specialty Insurance Company, of Manchester, New Hampshire, as Surety, a New Hampshire corporation duly licensed to do business in the State of California are held and firmly bound unto City of Huntington Beach Ias Obligee, in the penal sum often percent of amount bid Dollars (aw 10% ), for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted, or is about to submit, a proposal or a bid to the Obligee on a contract for Water Main Extension Beach Blvd. - Liberty Dr. to Spear Dr. NOW, THEREFORE, if the aforesaid principal shall be awarded the contract, the said principal will within the period specified therefore, or, if no period be specified, within ten (10) days after the notice of such award into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void, otherwise the principal and the surety will pay unto the obligee the difference in money between the amount of the bid of said principal and the amount for which the obligee may legally contract With another party to perform the work if the latter amount be in excess of the former, in no event shall the .liability hereunder exceed the penal sum hereof. PROVIDED AND SUBJECT OF THE CONDITION PRECEDENT, that any snits at law or proceedings in equity brought or to brought against the Surety to recover any claim hereunder must be instituted and service had upon the Surety within ninety (90) days after the acceptance of said bid of the Principal by the Obligee. Any person who, with the intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application, or files a claim containing a false or deceptive statement Is guilty of insurance fraud. SIGNED , .SEALED AND DATED this 14th dayof July 2011 Paulus Engineel/Ing, Inc. Prind 0t By. Nort a Specialty Insura co Company Bv- 8ND 140 sREV (05/85) Charles L . Flake CALIFORNIA ALL-PURPOSE Pn jrO- ACKNOWLEDGMENT .PD, e STATE OF CALIFORNIA County of Orange On 7-14-11 before me, Lexie Sherwood, Notary Public Date Here Insert Name and Title of the Officer personally appeared Charles L. Flake Name(s) of Signer(s) LEXIE SHERWOOD COMM. #1856389 N 0 " NOTARY PUBLIC *CALIFORNIA n ORANGE COUNTY -' Comm. Exp. JULY 27, 2013 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and o icial seal. Signature Place Notary Seal Above Signature o o ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)— ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-87"827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint; DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, and LEXIE SHERWOOD IOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by Iaw, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 20 of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER. RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." \\„t�gllllil�Ul4/I/�� �waw,niniwutmq�, t vI04At1 V/'itP 5i1 By �+C .S[Jtl. :O = Steven P. Anderson, President & Chief Executive orilcer ofwexhinUton International Insurance Company xi S',AL e. µtiTy 1973 yjn & Senior Via President of Norlh American Specialty Insurance CompanyBY 14. David M. Layman, Senior Vice Resides of Washington International Insurance Company �N • ..• & Vito President of Nerth American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 16th day of August 2010 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 16th day of August 2410 , before me, a Notary Public personally appeared _ Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. E"', MCLAL SEAL A 11. MIENSry Pnbliq Stttte of Itiiaoia CommigaionExpires IQt04�1011' Donna D. Skdens, Notary Public I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 14tliday of JU y 20 11 James A. Carpenter, Vim President & Assistant Secretary of Washington Intematienal huuranee Company & North American Specialty Insurance Company CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange } On 07/14/11 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WI S my hand and official seal. CYN7HIA J. VALENCIA a Commission # 1773427 Notary Public - California Si nature of t Publr Z orange County g ary (Notary Seal) MY Comm. Expres Oct 15, 2011 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bid Bond Title or description of attached document Number of pages Document Date Additional Information CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer x /Title President Partner Attorney -In -Fact Trustee Other City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clem September 2, 2011 R. Y. Engineering Works, Inc. P. O. Box 4181 Burbank, CA 91503 RE: CC-1405 & CC-1407 — Water Main Extensions Enclosed please find your original bid bond for CC-1405 & CC-1407. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure 9ca"0Pb3°nt9bifhoo Waitakere, New Zealand R. V. ENGINEERING WORKS, INC. P: 0. BOX 4181 SANK, CA 91503 Sealed Bid Proposal For: 1. CC 1405 Water Main Extension, Beach Blvd, Liberty Drive to Spear Drive 2. CC 1407 Water Main Extension, Beach Blvd, Talbert Drive To Ronal Drive :ity of Huntington Beach :ity Clerk M00 Main Street luntington Beach, CA 92648 SECTION C PROPOSAL for the construction of 1. CC 1405 Water Main Extension, Beach Boulevard, Liberty Drive to Spear Drive 2. CC 1407 Water Main Extension, Beach Boulevard, Talbert Drive to Ronald Road 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 50 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 R. Y. ENGINEERING WORKS, INC. 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. / J/ Accompanying this proposal of bid, find ND ��'9 in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addendo No. Date Received d ature fJ ) A- tl C-2 ,.,:�... ,; ... <.. R. Y. ENGINEERING WORKS, INC. PROJECT BID SCHEDULE CC 1405 AND CC 1407 twO No.':.° Esmated: iaiiti ...th. :..::: Tteiriwi::: .......... written iii wards :.::::::.::.::<:>.::::_:_:.::... .. . . .. a7riit.Pr ce ...... : , xtended. Amoiiii1:: : 1 1 LS Mobilization @ .j'r'J maws"•y Dollars $ %Q, 000 $ 10 000 C)C7 Cents Per LS 2 1 LS Traffic Control @ Se!-Jc:-� -rli, -� �w1� b4 iyksf� Dollars $7, jbc) $-7, 560 Cents Per LS 3 1 LS Permitting, including Caltrans double permit @ 7c-lJ&- 77y"',`4 Dollars $ �, o� $ C) Ali? Cents Per LS 4 1 EA 8-inch hot tap @ (�-m'g_ Dollars $ v� �c $ T, c�� ^ ��jNo�Sy^�� /�✓ Cents Per EA 5 1150 LF 12-inch PVC DR14 or DR18 Water PipeO�4E N,t,dr>4.,,7 E/6y-77 F14 @ Dolla + $ � $ Cents Per LF VY 6 1 EA Install pump out assembly, for 12-inch water line @ %u%t 7174--/ �1 FVr 1�+�^/ � Dollars $ �� � � $ yi Cents Per EA 7 1150 LF Chlorination and testing of all new water mains @ —v✓O Dollars $ 2- / $ . 2, �J /✓`� Cents Per LF 8 1 EA 2" air & Vacuum Release Valve Assembly @ ✓(,� 77/" yA-5�> P/v�o' Dollars $ �v.� $ f7J /t/O Cents Per EA 9 1 LS Demobilizat4 anup Dollars $ $ Cents Per LS otal Amount in Igures: j -Bid Total Amount Bid in Words: � - Fir`rr A'Jo A10 Basis of Award C-3 ' 1 R. Y. ENGINEERING WORKS, INC. 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. Portion " -o Work:: , , Name and Address of Subcontractor State Lcnense NumlieY"> ,Class g � ,�-v .pt✓t A=rOa!� Cat 610no C3� r:�u,,W 406 ZJ 057 413 C3`1 By submission of this proposal, the Bidder certifies: L. 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-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange 2h-11r, I �'l �^ �,� , being first duly sworn, deposes and says that he or she is �2s St Dam i of R. Y. ENGINEERING WORKS, INC the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. R. Y. ENGINEERING WORKS, INC. Name of Biddir ig of Bidder Address of Bidder Subscribed and sworn to before me this day of , 201_ NOTARY PUBLIC Sc�' h"1cf�sP NOTARY SEAL C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Water Main Extension Projects, Various Locations, Project Numbers CC 1405 and CC1407, (I),(we)(it) will employ and, utilize only qualified persons, as hereinafter defined, to work in proximity to any electr'cdl 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: 7o� i C-6 Contractor ME I---- P41191;:; Title 7-''1.�_y❑i�:�� {e.,.-�)4;,�" Vj'�t.,� �5�.....l�::jj>fi%'�✓G �+ ���i�.��1`.1���►'�`!J State of California County of On ��" �i !� before me, 6."), Date personally appeared Here Insert Name and Title of e, CIVIL CODE § 1189 f/ (� Name(s)of Signer(s) ee e who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isle subscribed to the within instrument and acknowledged - to me that he/sWi executed the same in his/h hauthorized capacity(ies), and that by his/hitt 1rsignature(s) on the instrument the t�9ARY GAftABEDIAN person(s), or the entity upon behalf of which the COMM. #1781223 person(s) acted, executed the instrument. U " NOT .RY PURL C CALIFORNIA n 6 Los Angeles c°°°z;' I certify under PENALTY OF PERJURY under the „=''� Comm. Expire, Nov 19, 2011 �. laws of the State of California that the foregoing paragraph is true and correct. g g WITNESS my h `tficial Signature: ' Place Notary Seal Above �® S' Hall OPTIONAL Though the information below is not required by law, it may prove uable to persons and could prevent fraudulent removal and reattachment of this form to anot Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Title(s): ❑ Individual 0 ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: of on the Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual 0 ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 DISQUALIJF'ICATI®N QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation?' ® Yes *No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. R. Y. ENGINEERING WORKS, INC. Contracto Title Date: Z-0 (( _. f C-8 BIDDER'S INFORMATION BIDDER certifies that the following .information pis -true and correct: R. Y. ENGINEERING WORKS, INC. Bidder Name C(09 C 01,k?j CI,3 � Business Address CA-gt sue( City, State Zip Telephone Number Scts651 A State Contractor's License No. and Class Issued . - 13 Expiration Date The work site was inspected by� a,--- � of our office on 201_. The followin are persons, firms, and �corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. R. _YrE*gINEERING WORKS, INC. CompaUy N e Sigfiatfde%f Bidder---) Printed or Typed Signature Subscribed and sworn to before me this day of , 201_ . NOTARY PUBLIC Screr` NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date'Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 ��', � ° � a �.# fiq 9 •` � -i, '� La I i� f i n f F a.. State of California County of CXo_s A—, �c i On 7 before me, Date personally appeared CIVIL C®®8 § 1189 r` d r e-1 /D / C, Here Insert Name and Title of the U G Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a1 subscribed to the with" instrument and acknowledged to me that he/*e/t executed the same in hisrJt authorized capacity(ies), and that by - MARY GARAEEDIAN hisNA tsignature(s) on the instrument the person s), or the entity upon behalf of which the v = COMM. #1781223 m acted executed the instrument. `i�r ss�iNOT,4RYPUgLC CALIFORNIA n person(s) t%i f Los Angeles Couniy Comm, Expires Nov 19, 2011 t-} I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my Signature: _ Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove and could prevent fraudulent removal and reattachment Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Title(s): ❑ Individual - 0 ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signature of uAible to persons re yng on the document this form to another document. Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Current Backlog Orange County Sanitation District P 1 Aeration Basin Access Ramp Settlement Contract Amount: $32,275 Project Summary: Remove and Replace 12" steel pipe, install valve, paving, and coating Reference List: Projects Completed By RY Engineering Works, Inc. Los Angeles County Department of Public Works Marina Del Rey Odor Control Contract Amount: $125,000 Start Date: January 2011 Construct odor control scrubber, HDPE pipe, electric service, paving, and landscaping. Contact: Mr. Paul Keizer Orange County Sanitation District Flap Gate Structure Sediment Removal Contract Amount: $40,700 StartDate: September 2010-October 2010 Project Summary: Dredge sediment along banks of Santa Ana River adjacent to flap gates, process and haul off material. Contact: Mr. MarcoPolo Velasco (714)720-6967 State of California, Department of Parks and Recreation Contract Amount: $279,000.00 "Will Rogers State Park" Contact: Mr. Mike Van Antwerp, DPR (619) 688 -6495 Start: February '09 — Complete: May '09 (on time) Project Summary: Exterior Fire System, 500' of PVC Waterline (Underground), Excavation, grading, paving, and fire protection structures including rooftop piping fabrication Pacific Housing Diversified "Arbor Terrace Apartments" Contract Amount: $348,000 Contact: Ms. Melanie Calabaso (323) 254-3338 Start: Dec. '08 — Complete: February '09 (on time) Summary: 818' of 12" PVC, Services, Reinforced Storm Drain Structure, Sewer, Connections for a publicly funded low-income housing apartment (74 units) Projects Managed By Raffle Yeremian While Employed as a Project Manager at Garcia Juarez Construction, Inc. City of Highland, $744,990 "Warm Creek Storm Drain" Contact: Mr. George Herold (909) 234-1001 Start: June '09 — Complete: In Progress Project Summary: 3011' of 48" to 18" RCP, Manholes, Catch Basins, AC Paving Los Angeles County Dept. of Public Works, $137,000 "Los Cerritos Drainage System" Contact: Mr. Victor Bermudez (626) 688-8275 Start: May '09 — Complete: June '09 (on time) Project Summary: Restoration and Repair of Existing Concrete Channel Golden Rain Foundation, $257,495 "Trust Street Paving Program" Contact: Mr. Kevin Black (562) 431-6586 Start: October '08 — Complete: January '09 (on time) Project Summary: AC Paving, Flat Work City of Anaheim, $392,018 "La Palma Sewer Improvements" Contact: Mr. Greg Solberg (714) 231-4696 Start: November '08 - Complete: May'09 (on time) Project Summary: 972' of 12" VCP, OCSD Manhole, Paving Los Angeles County Dept. of Public Works, $229,914 "Choisser Street Drain" Contact: Mr. Victor Bermudez (626) 688-8275 Start: Sept. '08 - Complete: October '08 (on time) Project Summary: 405' of Pre -cast Box and Elliptical RCP, Transition Structures Los Angeles County Dept. of Public Works, $821,465 "Blford Drain and CDR 524" Contact: Mr. Jose Ontiveros (626) 476-4894 Start: August '08 - Complete: September '08 (on time) 2450' of 36" and 30" RCP, Manholes, Catch Basins, AC Paving Los Angeles County Dept. of Public Works, $563,616 "Colima Road Drain" Contact: Mr. John Lovrensky (626) 607-7582 Start: July '08 — Complete: September '08 (on time) 1208' of 48" and 30" RCP, Manholes, Catch Basins, AC Paving Orange County Water District, $68,000 "Burris Pipeline" Contact: Mr. Chris Olsen (714) 514-9028 Start: July '08 — Complete August '08 (on time) Project Summary: 36" CML & C Steel Pipe Outlet and Structure City of Tustin, $384,104 "Sycamore Avenue Storm Drain" Contact: Mr. Tom Murphy (714) 573-3167 Start: June '08 - Complete: August '08 (on time) Contact: Mr. Terry Lutz (714) 573-3263 Project Summary: 628' of 30" and 24" RCP, 205' of 8" DIP, Street Replacement City of Anaheim, $2,153,755 "Anaheim Hills Road Transmission Main" Contact: Mr. Manny Briones (949) 466-6701 Start: January '08 - Complete: May '08 (on time) Contact: Mr. John Lamar (714) 765-4591 Project Summary: 3509' of 30" CML&C Steel Pipe, Paving, Slurry Seal; Included large diameter valve removals and replacements in vaults and underground concurrent with 3 large diameter line stops. City of Rancho Palos Verdes, $102,259 "Point Vincent Trail Repair Project" Contact: Ms. Bindu Vaish (310) 544-5254 Start: May '08 - Complete: July '08 (on time) Project Summary: Rehabilitate Trail and Handrail Along Slope Los Angeles County Dept. of Public Works, $174,074 "CMP Replacement Project" Contact: Mr. Jose Ontiveros (626) 476-4894 Start: Aug '07 - Complete: Sept '07 (on time) Project Summary: 595' of 24" and 18" RCP, Catch Basins, Paving County of Orange, $6,168,750 "O'Neill Park Sewer Conversion" Contact: Mr. Rick Allen (714) 448-8552 Start: October '06 - December '07 (on time) Project Summary: 12,594' of 8" PVC and DIP, T-lock Manholes, Wet Well Lift Station ($835K) City of Huntington Beach, $875,000 "Blufftop Restroom Access/Site Work" Contact: Mr. Duane Wentworth December 2009 — Ongoing Project Scope: Construct concrete retaining walls, ADA access ramp, site improvements, 9,310 lineal feet of 3" water main along the beach front, including all appurtenant work City of Huntington Beach. $660,000 "Bayview Drive Watermain Replacement" Contact: Mr. Duane Wentworth November 2009 — January 2010 Project Summary: Construct 1,200' of 8" PVC water main including 59 services, fire hydrants, and paving/restoration. Major challenges included managing tidal fluctuating groundwater and tight traffic restrictions. City of Fountain Valley, $1,100,000 "Well No.9 Transmission Main" Contact: Mr. Mike Green Start: September 2009 —January 2010 Project Summary: 3,100 feet of 16" CML&C Steel Pipe, appurtenances, paving, and associated work. Included shutdowns and tie ins of large diameter pipelines. iTORTH AMERICAN SPECIALTY INSURANCE COMPANY BOND NO.: RYENG-072 KNOW ALL MEN BY THESE PRESENTS: That we, R.Y. ENGINEERING WORKS, INC., (hereinafter called the Principal), and NORTH AMERICAN SPECIALTY INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of NEW HAMPSHIRE, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized. by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars (10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for CC 1405 WATER MAIN EXTENSION BEACH BLVD LIBERTY DRIVE TO SPEAR DRIVE CC1407 WATER MAIN EXTENSION. BEACH BLVD OF MACHINE DR CC1408 WATER MAIN EXTENSION ON BEACH BLVD, TALBERT DRIVE TO RONALD ROAD, in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 15TH day of DULY 2011 R.Y. ENGINE * ORKS INC, BY: f L"/l��f� ' L MATTHEW R. DOBYNS, Attorney -in -Fact NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY, THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R. DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 2e of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ��UtllllllrpJJr� uNAZ!, AS f raQ.''NPolijG i '{IO �' p rdm,�y y By ,�4�. GpRPO1rLSG ' SisAL -tag Steven P. Anderson, President & Chief Executive Officer of Washington International Insurance Company W ixm 1973 �ea.On` &Senior Vice President of North American Specialty Insurance Company By - Davidy� ._ -- �.....•• NL Layman, Senior Vice Presiders or Washington International Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 15th day of December 2010 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 15th day of December 20NO, before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resnective companies. "OPFIC 1AL SEAL DONNA D. SRLENS Notary Public, State of Illinois MY Commission Expires 1410=1 Donna D. Sklens, Notary Public I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 15th day of July 120 11 James A. Carpenter, Vice President & Assistant Secretary of Washmgton International Insurance Company & North American Specialty Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On July 15, 2011 before me ERIKA GUIDO NOTARY PUBLIC personally appeared MATTHEW R. DOBYNS ® who proved to me on the basis of satisfactory evidence to be the personfs-} whose name{ is/are subscribed to the within instrument and acknowledged to me that he/sheffliey executed the same in his/her/their .authorized capacity (ies), and that by his/19,e_f/their signatures on the instrument the personfs), 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. ERIKA C�UI00 o _ ` COMM. # 1845731 NOTARY PUBLIC CALIFORNIA WITNESS my and and official seal. 3 ORANGE COUNTY ^' 5, 2013 �� n My Comm. expires May Sognature otary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER.• SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk September 2, 2011 Environmental Assessment & Remediation Management, Inc. 4097 Trail Creek Rd. Riverside, CA 92505 RE: CC-1405 & CC-1407 — Water Main Extensions Enclosed please find your original bid bond for CC-1405 & CC-1407. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure l�Vul�fSgnlytnbgt+�1 Waitakere, New Zealand Environmental Assessment and Remediation Management, Inc. 4097 Trail Creek Rd. Riverside, CA 92505 (951)324-8060 CA Contractor's License #708748 2011,P! ?1 F! I I : 4 7 "SEALED BID" For 1. CC 1405 Water Main Extension, Beach Boulevard, Liberty Drive to Spear Drive 2. CC 1407 Water Main Extension, Beach Boulevard, Talbert Drive to Ronald Road In the CITY OF HUNTINGTON BEACH — DO NOT OPEN WITH REGULAR MAIL DELIVER TO THE OFFICE OF THE CITY CLERK, 2000 MAIN STREET, SECOND FLOOR BID OPENING — Thursday, July 21, 2011, 2:00 PM SECTION C PROPOSAL for the construction of 1. CC 1405 Water Main Extension, Beach Boulevard, Liberty Drive to Spear Drive 2. CC 1407 Water Main Extension, Beach Boulevard, Talbert Drive to Ronald Road 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 50 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 $ 10°Io which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature N/A None C-2 PROJECT BID SCHEDULE CC 1405 AND CC 1407 (tem. No.:: Estimated Quarifity Ttem"av►th: unit Pricy .... Unit Pricy` :j:..' Extended Amou# : . 1 1 LS Mobilization @ forty-four thousand, seven hundred fiftyDollars and zero Cents $ 44,750.00 $ 44,750.00 Per LS 2 1 LS Traffic Control @ eleven thousand Dollars $11,000.00 $11,000.00 and zero Cents Per LS 3 1 LS Permitting, including Caltrans double permit @ fifth teen thousand Dollars $ 15,000.00 $ 15,000.00 and zero Cents Per LS 4 1 EA 8-inch hot tap @ six thousand, one hundred Dollars $ 6,100.00 $ 6,100.00 and zero Cents Per EA 5 1 150 LF 12-inch PVC DR14 or DR18 Water Pipe @ one hundred seventy-three Dollars $ 173.00 $ 198,950.00 and zero Cents Per LF 6 1 EA Install pump out assembly, for 12-inch water line @ forth teen thousand Dollars $ 14,000.00 $ 14,000.00 and zero Cents Per EA 7 1150 LF Chlorination and testing of all new water mains @ four Dollars $ 4.00 $ 4,600.00 and zero Cents Per LF 8 1 EA 2" air & Vacuum Release Valve Assembly @ four thousand, eight hundred Dollars $ 4,800.00 $ 4,800.00 and zero Cents Per EA 9 1 LS Demobilization and cleanup @, ..._.....____. thirteenthousand, five hundred Dollars and zero Cents $ 13,500.00 $ 13,500.00 Per LS Total mount Bid inFigures: 312 700.00 Total Amount Bid in Words: Three hundred twelve thousand, seven hundred dollars and zero cents ------------------------------------------------------------------------------------------------------------------------- Basis of Award C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number 5% Blackstone Asphalt Construction, Inc. 943772 A 3112 Antonio Ave, Bakersfield, CA 93308 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-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Ravindra Pendurthi , beinf first duly sworn, doses and says that he or she is nvironmental Assessment and emediation President and Secretary of Management, me 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. Environmental Assessment and Remediation Management, Inc. dba EAR Engineering, Construction & Support Services Name of Bidder 4Ank'�' 4"64, Signature of Bidder Ravindra Pendurthi, President and Secretary 4097 Trail Creek Rd., Riverside, CA 92505 Address of Bidder Subscribes sworn to before me this day of , 201 NOTARY PUBLIC C-s Y SEAL State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this day of July 14 , 2011 , by -------------------- ---------- .Ravindra P. Pendurthi----------------------------------------------------- proved to me on the basis of satisfactory evidence to be the person('rs''who appeared before me LOURDES MARTINEZ Comm.# 1844982 NOTARY PUBLIC-CALIFORNIA RIVERBIDE COUNTY MY Cow. UP. APR. 29,203 (Seal) Sign UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Water Main Extension Projects, Various Locations, Project Numbers CC 1405 and CC1407, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: July 19, 2011 C-6 Environmental Assessment and Remediation Management, Inc. dba EAR Engineering, Construction & Support Services Contractor By Ravindra Pendurthi President and Secretary Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: July 19, 2011 Environmental Assessment and Remediation Management, Inc. dba EAR Engineering, Construction & Support Services Contractor C-8 "--4 /- lal" - By Ravindra Pendurthi President and Secretary Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Environmental Assessment and Remediation Management, Inc. dba EAR Engineering, Construction & Support Services Bidder Name 4097 Trail Creek Rd. Business Address Riverside CA 92505 City, State Zip ( 951 ) 324-8060 (951) 324-9061 (fax) Telephone Number 708748 A, B, C8,C10,C12, C20,C21,C27, C33,C36,C46, HAZ,ASB State Contractor's License No. and Class 01/11/1995 Original Date Issued 6/30/13 Expiration Date The work site was inspected by Dennis Henderson of our office on July 12 , 201 1 . The following are persons, firms, and corporations having a principal interest in this proposal: Ravindra Pendurthi, President and Secretary C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Environmental Assessment and Remediation Management, Inc. dba EAR Engineering, Constriction & Support Services Companv Name ,A Signature of Bidder Ravindra Pendurthi, President and Secretary Printed or Typed Signature Subscr sworn to before me this _ day of , 201 _ NOTARY PUBLIC NOTARY Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: I . City of Fullerton, 303 West Commonwealth Avenue, Fullerton, CA 92832 Name and Address of Public Agency Name and Telephone No. of Project Manager: Murdock Miralaie, (714) 738-6866 $697,200.00 Water main construction and all related work. July 2011 Contract Amount Type of Work Date Completed 2. City of Seaside, 440 Harcourt Ave, Seaside, CA 93955 Name and Address of Public Agency Name and Telephone No. of Project Manager: Scott Ottmar, (831) 899-6832 $175,000.00 Storm drain/sewer install ADA Upgrades, CMU wall, hardscape March 2011 Contract Amount Type of Work Date Completed 3. Dept of the Army, Corps of Engineers, 1318 New Mexico, Bldg9360, Vandenburg AFB, CA 93437 Name and Address of Public Agency Name and Telephone No. of Project Manager: Dale Kirkham (805)717-4267 $1,636,961.00 ReplaceWaterline Utah Gate to Montana Ave, August 2010 Contract Amount Type of Work Date Completed C-10 State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this day of July 14 , 2011 , by -------------------------------------- Ravindra P. Pendurthi-----------------------------------------------------, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. OLOURDES MARTINEZComm # 1844982 ►►A�NOTARY PUBLIC•CALIFORNIA V_1jRP/ERSN)E COUNTY MY Comm. Exp. APR. 29, 2013 "` (Seal) Signatu THE AMERICAN INSTITUTE OF ARCHITECTS A!A Document A310 KNOW ALL MEN BY THESE PRESENTS, that we Environmental Assessment and Remediation Management, Inc. dba EAR Engineering, Construction & Support Services, Inc. as Principal, hereinafter called the Principal, and American Safety Casualty Insurance Company a corporation duly organized under the laws of the State of Oklahoma as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of ten percent of total amount bid (10%) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for CC1405-Water Main Extension, Beach Blvd, Liberty Drive to Spear Drive CC1407-Water Main Extension, Beach Blvd, Talbert Drive to Ronald Road NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the faifure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 11th day of July , 2011 (Wdnes (Witness) AIA DOCUMENT A310 a BID BOND a A1A ® • FEBRUARY 1970 ED o THE AVER INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 Environmental Assessment and Remediation Management, Inc. dba EAR Engineering, Construction & Support Services, Inc. (PZ'I'l, l) � le'44 (Title) American Safety Casualty Insurance ohn R. Qualin, Attorney -In -Fact (Title) ACKNOWLEDGMENT State of California County of San Diego ) On July 11th, 2011 before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared John R. Qualin , who proved to me on the basis of satisfactory evidence to be the persona') whose name subscribed to the within instrument and acknowled ed to me tha&sheA49y executed the same in hi authorized capacity(kws , and that b hi / " signature(,g'f on the instrument the persona'); 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. WITNESS my hand and official seal. E. B. sTRAHAN Commission # 189,1622 z �ffi Notary Public - California Z z '' San Diego County D My Comm. Expires Jun 25, 2014 Signature (Seal) NUMBER ASB-526079 F ,au► �can►st riNsuR,ai+r� POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that American Safety Casualty Insurance Company has made, constituted and appointed, and by these presents does make, constitute and appoints MICHAEL R. STRAHAN, JOHN R. QUALIN, MARGIE WAGER OF SAN DIEGO, CA its true and lawful attorney -in -fact, for it and its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertaking and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of 'ONE MILLION..($1,000,000.00) DOLLARS.. This Power of Attorney is granted and is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company of the 6"' day of August, 2009. RESOLVED, that the President in conjunction with the Secretary or any Assistant Secretary may appoint attorneys-ln-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bands, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in- fact or agent and revoke any power of attorney previously granted to such persons. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the company when: (i) when signed by the President or any Vice -President and attested and sealed (if a seal is required) by any Secretary or Assistant Secretary or (ii) when signed by the President or any Vice -President or Secretary or Assistant Secretary, and counter -signed and sealed (if a seal is required) by a duly authorized attomey-in-fact or agent; or (iii) when duly executed and sealed (if a seal is required) by one or more attomey-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seat when so used shall have the same force and effects as though manually affixed. IN WITNESS WHEREOF, American Safety Casualty Insurance Company has caused its official seal to be hereunto affixed, and these presents to be signed by its President and attested by its Secretary this 6"' day of August, 2009 I, A Ambuj Jain STATE OF GEORGIA COUNTY OF COBB On this 6"' day of August, 2009, before me personally came Joseph D. Scotto, Jr., to me known, who, being by me duly swom, did depose and say that he is the President of American Safety Casualty Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Jami Ebilley, Notary Public Jl�1t BAB;)e''Ir Afti P Hall Ca.13A 94 ssltx'I EVires AM A 213112 1, the undersigned, Secretary of American Safety Casualty Insurance Company, an Oklahoma corporation, DO HEREBY CERTIFY, that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed in the City of Atlanta, in the State of Georgia e.� �v -`'= ` ••. uk Dated this nll day of Ambuj Jain ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED WITH RED NUMERICAL NUMBERS DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGMAL State of California County of Riverside On July 14, 2011 ACKNOWLEDGMENT before me, Lourdes Martinez, "Notary Public" (insert name and title of the officer) personally appeared-----Rayindra P. Pendurthi ----------------------------------------------- who proved to me on the basis of satisfactory evidence to be the personLa `whose name(, is/aFe subscribed to the within instrument and acknowledged to me that he/s4eAi*rey executed the same in his/hef/ttr& authorized capacity(, and that by his/4;I weir signatureK on the instrument the person(,p; or the entity upon behalf of which the personKacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Si (Seal) -f_% LOUROES MARTINEZ COMM. # 1844982 rA U1 ® NOTARY PUBLIC-CALIFORNIA ®' RIVERSIDE COUNTY MY COMM. EXP. APR. 29, 2013 "' City Of Huntingt®n Beach 200o Main Street ♦ Huntington Beach, CA 92-648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk September 2, 2011 Cedro Construction, Inc. 120 E. Santa Maria St. Santa Paula, CA 93060 RE: CC-1405 & CC-1407 —Water Main Extensions Enclosed please find your original bid bond for CC-1405 & CC-1407. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure I,�J¢ontfi��po� Waitakere, New Zealand 4 U�� EMax`C 4 }yam '3:e'Ct. •� - : -'✓:y' Alm T y '�+-* - � ♦��� a 1�,., NP sty"..s '` vl, t - 4" tY •'r$. 'du';i'} $4.. :. 99 Y e �� '� ?�+� `R 4 ?fir _ ±.i c k .4• ?�: !' "�#Y' Y _ � .� 4 -f ✓ _ `ww ',t''t,• ',a ; k " , v so, � �-4 SECTIOITT C for the construction of 1. CC 1405 Water Main Extension, Beach Boulevard, Liberty Drive to Spear Drive 2. CC 1407 Water Main Extension, Beach Boulevard, Talbert Drive to Ronald Road 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 50 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 E 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 �Uln� in the amount of $ � qO1 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE CC 1405 AND CC 1407 Item . .. sti hated .................... ;::::::::::::: a :vv t6 unit. ice:: :: »:::: >::::::::::: : ........ ... ..........:........ ..... ..... ' teiidecl:::: ....... No::::....cant `::::::::: Q......13.. ::::: mitten iri:tivords::................. :::.: ......................... :::Uriit:)P ice:::: . Ainoiiiil:::: 1 1 Mobilization LS may, / }may @1�%iA;, vLN%�G��ii5"�lars `�yj /``'� J $jq i�V � yZ] $ / �!� � ci �o Cents Per LS 2 1 Traffic Control LS 7A//jly 1 r 4-'cc @ 5 �, ,� Dollars $ � � i 6`� ° UJ $ i 2 31 E i ',[TriiJl.i � Cents , Per LS 3 1 Permitting, including Caltrans double permit LS Dollars $ 590 $ l� �/� ._Cents Per LS 4 1 8-inch hot tap EA @ S.r6�F� r(fousd-f--y -, ly -,-7 5'�7vi7y'Dollars $ �!� a� $ Vo � ��,,, Cents Per EA 5 1150 LF 12 inch PVC DR14 or DR18 Water Pipe @ ®1v, (.t..�� ;w o- �'! o6- C Dollars r� $ t� (�(� 0 $�l%J� % Cents Per LF 6 1 EA Install pump out assembly, for 12-inch water line @ �;G f VT A6 (64" Dollars $ �l7 $ CIO ihnR$D Si �C S Zvi r1/ it , Cents Per EA 7 1150 Chlorination and testing of all new water mains LFT Dollars —� $ $ 6 6 Cents Per LF 8 1 EA 2" air & Vacuum Release Valve Assembly @ %�ri ti GG�a Tl�6cs/Yh 3 w VEDollars �" $ 0 J 5 , $ 2,55 F(LtN�iZ�� �Yl zl 70_� Cents Per EA 9 1 LS Demobilization and cleanup @ 1=00/: fi(fpusIw SgIN Dollars $��` $ 4�021"- A144_99" V-411-0 �� � Cents Per LS Total Amount i m 1 ures: Total Amount Bid in Words:fuet ore------------------------------------------------------------------------------------------------------------------- Basis of Award C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion of Work ' Name: -and "Address of Subcontractor < ,' State License Number Class q v(n(A 1r . "719 UC 2 �V �. aX god U Sun ru�r i 9 i �22 tot i i- f L'Z� AV C64 1067 0 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID State of California ss. County of Orange Y) tMW being first dulysworn, deposes and says that he or she is 'resl& n� of Oec6V 0&3AwCl 00 , `� V1C . the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. n Name of Bidder of Bidder lao j. 5,AM-jk tl Yja �1. r,� ?OU Address of Bidder Subscribed and sworn to before me this IS day of 201 X �1 NOTARY PUBLIC NOTARY SEAL C-5 CALIFORNIA JURAT WITH AFFIANT STATEMENT XSee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of California County of�&;P'rry 4 -------------------- C. A. LAVERY Commission # 1832355 < -d Notary Public -- California a z Ventura County r My Comm. Expires Feb 9, 2013 Place Notary Seal Above Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before melon this day of �U't- , 20 11 , by Date M nth Year Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and Name of Signer proved to me on the basis of satisfactory evidence to be the person who app ed before me.) Signature 0, ti kt Signature of Notary Publi OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Date: Signer(s) Other Than Named Number of Pages: 02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402- www.NationalNotary org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Water Main Extension Projects, Various Locations, Project Numbers CC 1405 and CC1407, (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: III(6I1� ce_dvo Cmn cA ovi , I yLc . Contractor By ?re�>k rA- Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes Lk/No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: -111611` Cie Ayr, N mAn cE-1'm :4 yl( . Contractor By Title C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: AYD N wo Bidder Name 120 �C tL,4y4t, Ho �t Business Address scwr u ?uv la C4- '23a � U City, State Zip ( 3DS) 5Z5— 03C19' Telephone Number State Contractor's License No. and Class Y) , Igg q Original Date Issued Expiration Date The work site was inspected by )iy1 axu) Ce, JW of our office on 201 1. The following are persons, firms, and corporations having a principal interest in this proposal: Cc&o &Y,6AW [k-0 n ,1n C . PYN6y.w Ce Ao) C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Y\J�Cw Ced Yu Printed or Typed Signature Subscribed and sworn to before me this # day of J L , 2011 I �'iy 5�G NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 2. 3. Name and Xddress of Public Name and Telephone No Contract Amount - 700 91s's k4 of Project Manager: MGYio "jj- Name and Address of Public Agency wU P�k Type of Work FC, r, l do i 1_ Completed k Name and Telephone No. of Project Manager: AUn 31 YAcAM, K.A} (310) Sal q - SZ� 2 Contract Amount Type of Work Date Completed VA Name and Addr s of Public Agency Name and Telephone No. of Project Manager: JCV1 PVAVl4YV1 (2,)o) WE "d720 �60 �Si nq��y 9U i 1/) 2010 Contract Amount Type of Work Date Completed C-10 CALIFORNIA JURAT WITH AFFIANT STATEMENT KSee Attached Document (Notary to cross out lines 1-6 below) ❑ S-d&,Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (ifany) State of Californ' County of �j I i�2. Subscribed and sworn to affirmed) before me on this v day of 20 by Date Mont Year �j, Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and C. A. LAYERY (2) Comn►ission # 1832355 x Name of Signer < Notary Public -- California 2 i Ventura County proved to me on the basis of satisfactory evidence M1 Comm. Expires Feb 9, 2013 to be the person who appea efore me.) Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent - fraudulent removal and reattachment of this form to another document. Top of thum re Top of thum - here Further Description of Any Attached Document Title or Type of Document: Document Date: Number of Pages: Signers Other Than Named Above: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 INTERNATIONAL FIDELITY INSURANCE COMPANY BOND NO: CEDCO-510 KNOW ALL MEN BY THESE PRESENTS: That we, CEDRO CONSTRUCTION, INC. (hereinafter called the Principal), and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of NEW JERSEY, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, (hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars (10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for WATER MAIN EXTENSION BEACH BLVD LIBERTY DRIVE TO SPEAR DRIVE WATER MAIN EXTENSION BEACH BLVD, TALBERT DRIVE TO RONALD ROAD JOB/BID # 1405 AND 1407, in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 12TH day of JULY, 2011. CEDRO CONSTRUCTIO C. BY: kTW BY: \ RANDY SPOHN, Attomey-in-Fact Tel (973) 624-7200 POWER of ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR, NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY. THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint _.....:.:,_.:.. ......... ..:.:.......... ............... ... :::....... ._._;......... ............... ....._:..:........ .._.:.....:......... ..... ,...... .....:.__........_:.:....:...........:...._:._._...-.::.........:.....:...,....._...:.:.....:........:.........: RANDY SPOHN, MATTHEW R. DOBYNS Santa Ana, CA. ............. :.....:.......... ... ....... ........:.................... .....:..:......._........ .....:....... ...... ..... ......,........................................................................ its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given: Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any, such power so executed and certified by facsimile signatures and facsimile seal shall be -valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. o CITY INf IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer; this 16th day of October, A.D. 2007. o�P 0A �y INTERNATIONAL FIDELITY INSURANCE COMPANY SEAL F m 904 O STATE NEW JERSEY v! �` County off Essex G JETS 3' Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. v=`�{ tl 't+e,� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, �.`+ •y. at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY 4h,Fr.ua«� My Commission Expires March. 27; 2014 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 12 day of July 2011 Assistant Secretary. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On July 12, 2011 before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared RANDY SPOHN ® who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she/fey executed the same in his/her/ - authorized capacity (ies), and that by his/her/theif signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ERIKA GUIDO o COMM. # 1B43731 : NOTARY PUBLIC CALIFORNIA o ORANGE COUNTY ^� My Comm. expires May 5, 2013 �' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. W TNESS my and official seal. du re Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT