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HomeMy WebLinkAboutGreenland Construction, Inc. - 2012-06-04RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Namd)- after signing/dating <-7- (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: 'Sh-arizEreidenrieh, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for (Company Name) 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 Agenda Item No. (Council Approval Date) City Clerk Vault No. #27 gAollowup/bondletter.doc .[®�d City 9 of Huntington Beach. OLD INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Duane D. Wentworth, Contract Administrator DATE: 10/26/12 SUBJECT: Retention Release Payment Company Name: Greenland Construction Address: 7050 Owensmouth Ave. Ste 209 City, State and Zip Code: Canoga Park, CA 91303 Phone Number: (818) 963-8071 Business License Number:A283765 Local Address: N/A Notice of Completion Date:9/17/12 Contract Purpose: CC 1382- Central Park Irrigation Reservoir Modification The conformed copy. of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this time. u ( - D e Travis K. H certify that there are no outstanding invoices on file. Date s, Public Works Director I certify that no stop notices are on file on the subject contract, has been filed with this office. t Joan nn Ci and that a guaranty bond 1382 Retention Release Memo 10/26/2012 11:04:00 AM PLEASE COMPLETE THIS INFORMATION This Document was electronically recorded by City of Huntington Beach RECORDING REQUESTED BY: CITY OF HUNTINGTON BEACH 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 ��!! IIIII I II 111111111111111111111111111 Jill NO FEE 2012000543491 04:15pm 09/17/12 66 401 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 Greenland Construction, Inc. who was the company thereon for doing the following work to -wit: CENTRAL PARK IRRIGATION RESERVOIR MODIFICATION- CC 1382 That said work was completed September 14, 2012 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 September 14, 2012, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract American Safety Casualty Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this September 14, 2012. OCDirector of Public Works City Engineer City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this September 14, 201 -v Director of Public Works o 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: C e - 2 Project: Cewnl�ra� 7A wr a ion SCY✓�1'v /O� lr'o► �"�OY� 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 2 z2 A day of �eA/ems ber , 20�, at C nv , California. tTrCGn )A ro, ��S (Type Contractor Name) By: r�l► rvK Name: 4[e Name) prcnlex Title: [Type Title] 27t . M CnT ATTORNEY -Ms o3. 2b • 010 247sa2.1 LI -SAa (Name of Declarant) CONTRACTOR'S CERTIFICATE rp a state and certify that: 1 &rteri IavA G ns �yo!Ivi, )ve. is the general contractor to the City of Huntington Beach ("City') on Contract No. C C — 1392 (the "Contract") for the construction of the public work of improvement entitled: Id C e4tra i IR r A I rr i yAlion , e e r ✓oi� /%z,'ca /v (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"): Non 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"): /VoN e I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ll-- �P-�'� Executed at Car ova r K , CA on this 2D� day of 20�2' APPROVED AS TO FORM Bar �i�jd —IlJ 3• Zo o� 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 _ 13 82 Project: �� 1 ra P r �rr I' �ier, e e r o � �^ 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. Q n Ex ecuted this 20�` day of . 'J Pn'� ev , 20� at ( VA v California. ll►rer71Q limns JrvGU1Oh 1 nl (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] WAA g" t -JZp rrS %len 4` 3 C tp U5911.1 Bond No. SBA850471 Premium is listed on Performance Bond KNOW ALL MEN BY THESE PRESENTS: That; Greenland Construction Inc. Icontractor+s name] 7050 Owensmouth Ave., Suite 209, Canoga Park, CA 91303 f contractor's street address, city and state and zip code] as Principal (hereinafter. called Contractor), and: American Safety Casualty Insurance Company tsurstys name) 100 Galleria Parkway, S.E. Ste. 700, Atlanta, GA 30339 [surety's street address, oty and state and zip code] a corporation organized and existing under the laws of the State of Oklahoma with its principal _office in the -City of Atlanta as Surety (hereinafter called Surety), are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of One Hundred Nine Thousand Seven Hundred Thirty Two & 72/100 Dollars ($ 109,732.72 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, WHEREAS, Contractor has by written agreement dated -1 C u z( , 26' i -- entered into a contract with Owner for the Central Park Irrigation Reservoir Modification CC-1382 accordance with drawings and specifications prepared by N/A 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 one year, the work performed as part of the Contract from and against all defects in materials and workmanship; and WHEREAS, the Contract also provides that the Contractor shall secure Contractor's obligations during the one- year period with a bond executed by a surety duly admitted in the state of California; and WHEREAS, the Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be September 14 , 20 12 . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATJON is such that if Contractorshall, 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 defeats 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) following 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 manner. 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 faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal, at its own expense, and mare available 10-2567/50583 as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder; provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner. Within thirty (30) days after Suretys receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, it shall be the duty of the Surety to give to the. Owner a notice, in writing, of the Surety's election to (a) remedy the default(s) of the Principal promptly, or (b) arrange for:performance of the Contract promptlyby a contractor other than the Principal, time being of essence to this Bond. In said Notice of Election, the Surety shall state the date of commencement of its cure or remedy of the 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 actions or failure to act; and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non performance by the Principal). The Surety shall give prompt written notice to the Owner upon completion of the cure or remedy of the Principal's default(s) of its performance of the Contract, If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's default(s) of its performance of the Work within thirty (30) days after receipt of a written notice from Owner, Surety shall be 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 15th Principal Raised Corporate Seal [MUST BE.APFIXED) Principal Raised Corporate Seal [MUST BE AFFIXED] NOTES: day of October 2g 12 1. Acknowledgments must be =npieted and returned as part of the bond. 2_ Raised Corporate Seats are mandatory. 3. Please attach Power of Attomey. Greenland Construction Inc. (Contractor Name) (Title) American Safety Casualty Insurance Company (Surety Name) 0 17 10-2567/50583 (Seal) ZVToF7RATty AttoMY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On S Zia before me, Irene Luong, Notary Public ate Here Insert Name and Title of the: officer personally appeared Stephanie Hoang Names) of Signer(s) IRENE WONG �A ; '., s Commission 's8�33838 Notary Public - Califotnia �E Grange County s My Comm. Expires Niar 22, 2014 0 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(.&) whose name(s) is/are subscribed to the within instrument and acknowledged to me that 4e%she/thay executed the same inthis/her/their authorized capacity(ies), and that by ht s/her/their signature(s) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF P the State of California ththe and correct. p Witness my hand a Signature OPTIONAL RJU,RY under the laws of regpierg:paragraph Js, true Though the. information below is not required by taw, 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: Stephanie Hoang ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 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--800-876-6827 Ambui Jain STATE OF GEORGIA I COUNTY OF COBB NiFMR1i:R POWER OF ATTORNEY' o, Jr., to me known, who, being by me dulyswom,,did depose and sayfhat orporaticn described In and which executed the above instrument: that he meat is such corporate seal; that is was so;affixed by order of the Board of I 1 N JAMI BAILEY Notary Public, Hall Co GA Ja i My Commission Expires Aug, 13, 2012 I the undersigned; Secretary. of American Safety Casualty Insurance Company, an Oidahoma corporation; DO and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resoli in the said Power of Attorney, is now in force. A C` d Signed and sealed, 'enthe Cify of Atlanta; in the State of Geo is Daied this ay of o t Arri Jain ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED WITH RED NUMERICAL NUMBERS DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECTAS AN ORIGINAL ONLY WHEN ISSUED IN CONDUCTION WITH THE ORIGINAL CONSENT OF SURETY OWNER ❑ TO FINAL. PAYMENT ARCHITECT El CONTRACTOR ❑ AIA Document G707 SURETY El (Instructions on reverse side) OTHER El No. SBA850030 TO OWNER: (Name a-j owm T) City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 PROJECT: (Nam anJaUreas) Central Park Irrigation Reservoir Modification ARCHITECT'S PROJECT NO.: NIA CONTRACT FOR: One Hundred Nine Thousand Seven Hundred Thirty Two & 72/100 Dollars ($109,732.72) CONTRACT DATED: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (1n> a twin atr1 mwr"V of S.-tV) American Safety Casualty Insurance Company 100 Galieria Parkway, S.E. Ste 700 Atlanta, GA 30339 SURETY, on bond of (Insert name and address of Contractor) Greenland Construction. Inc. 7050 Owensmouth Ave., Ste 209 Canoga Park, CA 91303 CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to Onsrrt name and address ofOwncr) City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: October 25, 2012 (insert to writing the month fidlowrd by the rmmeric date and yrar) American Safety Casualty Insurance Company ame names , OWNER, AIA I' OrM 11 f U / - I YY4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On Ib11!2— before me, Irene Luong, Notary Public Dale Here insert Name and Title of the Officer personally appeared Stephanie Hoang Namelsl of Signer(s) Ce r,�I a # ci'4 t izry Piu ic ^rr � ,;a 1£��D E' i t iv­.r 22, 2014 Place Notary Sea; Above who proved to me on the basis of satisfactory evidence to be the person(g) whose name(s) is/are subscribed to the within instrument and acknowledged to me that #e/she/thay executed the same ini9is/her/their authorized capacity(iss), and that by h+s/her/their signature(&) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California t foregoryatlgraph is true and correct. 7 }} Witness my hand o i ial Signature signature of lary 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: Stephanie Hoang ❑ 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: 2007 National Notary Association - 9350 De Sotc Ave.. P.O. Box 2402 • Chais wrsh. CA 91313-2402 - wwa;. Nat:onalNata: y.urtg Itom 45907 Reorder: Call -Toll-Free 1-800-876-6827 NUMBER SBA-800051 RESOLVED; that the;Presrdent in conjunction with the Secretary or any, Assistant Secretary may appoint attomeys-in-fact or agents with autnonty as defined or limited -in the-iri rhent evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Compariyao bands. undertakings recognizances, and suretyship,obligations of all kinds; and said officers may remove any such attorney -in - factor agent andrevoke any power of:attomey;previously.oranted,to such persons, RESOLVED+.FURTHER thafainy bond; undertaking, recognizance, or suretyship obligation shall be valid and binding upon the.company when: (i}`,when signed byahe.President or any Vice-President,and attesied and seated (if a seal is required) by any Secretary or Assistant Secretary or (ii) vfien signed by the;,President..or any Vice-President�or Secretary or.Assistant Secretary, and mounter -signed and sealed (ii.a seal is required) by a duly. authorized;attorney=in fact or;agent or (iii) when duly executed.and:sealed: (if a se is required) by one or afore attomey-m-fact or agents pursuant to and Mthtn.ttie:Gmds=of the authority evidenced by the power of.attomey issued by the Company to such person or persons. . RESOLVED: FURTHER, that the signature of any authorized-officer.,and the seal of Company may be affixed by facsimile to any power of attorney or:certificaffon thereof authorizing the execution and delivery of anybond, undertaking, recognizance, or other suretyship obligations of the Company:, and such si nature a'nd seal when so used shallhave the same force and effects as-though:manualty affixed. 9, , fN>WTTNESS 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 this6' day of August 2009 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: , 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. o 2A, MSC No. Approved (O (Council Approval Date) (Company Name) Agenda Item No. City Clerk Vault No. 600, ID #27 gAollowup/bondletter.doc 5 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Nar6e) / j after signing/dating (Date) r CITY OF HUNTINGTON BEACH • INTERDEPARTMENTAL COMMUNICATION TO: Sjh�ari=Frefdenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance have received the bonds for (Company Name) 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. 13 MSC No. Approved �.:� �. �,i�- Agenda Item No (Council Approval Date) City Clerk Vault No #27 g1followup/bondletter.doc CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Greenland Construction, Inc.. FOR CENTRAL PARK IRRIGATION RESERVOIR MODIFICATION, CC-1382 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 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GREENLAND CONSTRUCTION, INC. FOR CENTRAL PARK IRRIGATION RESERVOIR MODIFICATION, CC-1382 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 Greenland 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 Central Park Irrigation Reservoir Modification, CC- 1382 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 g/agree/s urfn et/c i tycon s t I of 22 12/11 be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; g/agree/s urfn e t/ci tycon st 2 of 22 12/11 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/surfn et/ci tyconst 3 of 22 12/11 'DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Ninty Nine Thousand, Eight Hundred & Fifty Eight Dollars and Fifty Cents Dollars ($99,858.50), 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 Sixty (60) consecutive Working Days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. g/agree/surfnet/cityconst 4 of 22 12/11 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the g/agree/surfn et/c i tyc onst 5 of 22 12/11 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. HI-MMEMIM41"I Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. g/agree/surfnet/cityconst 6 of 22 12/11 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, g/agree/surfnet/cityconst 7 of 22 12/11 the sum of Five Hundred Dollars ($500) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair 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 g/agree/surfnet/cityconst 8 of 22 12/11 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of. (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of g/agree/surfnet/cityconst 9 of 22 12/11 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/surfneUcityconst 10 of 22 12/11 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. g/agree/surfnet/cityconst 11 of 22 12/11 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 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 g/agree/surfnet/cityconst 12 of 22 12/11 employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer 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 g/agree/surfnet/cityconst 13 of 22 12/11 terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance 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. g/agree/SUdnet/6tyc onst 14 of 22 12/11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. g/agree/surfnet/cityconst 15 of 22 1 Z/11 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. g/agree/surfnet/cityconst 16 of 22 12/11 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 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 g/agree/surfnet/cityconst 17 Of 22 12/11 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 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 D. Wentworth 2000 Main Street g/agree/surfnet/cityconst 12/11 TO CONTRACTOR: Greenland Construction, Inc. 7050 Owenmouth Ave., Suite 209 Canoga Park, CA 91303 18 of 22 Huntington Beach, CA 92648 30, SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. g/agree/surfn et/ci tycon st 19 of 22 12/11 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 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. g/agree/surfnet/cityconst 20 of 22 12/11 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. 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. g/agree/surfnet/cityconst 21 of 22 12/11 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, 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 �( J� OV 201A. g/agree/surfnet/cityconst 22 of 22 12/11 CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State oPliforlpa Greenland Construction, Inc. By: //%/ G-4'/® Ci Clerk?j�jve) print name ? ITS: (circle one) Chairma residen Vic�Pre 'de TIATED AND APPROVED: AND Director of Publi Works By: al REVI APPROVED: print name ITS: (circle on Secretary/,Chief Financial Office Asst. SecretaryTreasurer y Manager '101 1/ lel APPROVED AS TO FORM: City At rney� l g/agree/s urfn e t/ci tycon s t 23 of 22 12/11 ,�-f)(#1,61 T A SECTION C PROPOSAL. for the construction of CENTRAL., PARK IRRIGATION RESERVOIR MODIFICATION from 17562 Goldenwest Street CC No. CC-1382 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 60 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. GI 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, findje-54 , in the amount of $ (O, CO2 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: AdAd�egnda No. Date Received Bidder's Si nature IA 1 C-2 SECTION C PROJECT BID SCHEDULE 111AWMIA CC No. 1382 BID ITEMS Item Total No. Description Quantity Unit Unit Cost Cost 1. Mobilization / Demobilization 1 LS 15;,5CO I l6,�OOCD 2. Traffic Control Plan and Traffic Control 1 LS 9,240 4312,00.00 3. Clearing and Grubbing 1 LS /213q-fO fayoqo 4. Import and place Unclassified Fill specifically for filling the detention pond as called out on the plans including and not limited to subgrade preparation, complete and in place 520 CY 22 9r 011%0.co 5. Furnish and Install 12-inch Gate Valve and Box per City's Standard 612 including adaptors for 4110,50 connection to PVC pipe complete and in place 1 EA 6. Furnish and Install 12-inch Diameter SCH 40 PVC Pipe including and not limited fittings, elbows, appurtenances, connection to existing pipe and connection to proposed 12-inch Gate .775 �5i3�00 Valve complete and in place 60 LF 7. Furnish and Install 6-inch Diameter SCH 40 PVC Pipe including and not limited to fittings, $7�5 complete and in place 40 LF 8. Furnish and Install 9-inch Square Basin with Atrium Grate Drop Inlet per the project plans including and not limited to all fittings, appurtenances, subgrade preparation, 3/4-inch rock, complete and in place 1 EA d 9. Furnish and Install Ductile Iron 6-inch Diameter Blind Flange per the project plans complete and in place 1 EA .co 10. Furnish and Install Ductile Iron 12-inch Diameter Blind Flange per the project plans complete and s©7' in place 1 EA 11. Clean, Rout and Grout PCC Cracks Greater than 1/8" Width per 10 LF �5 ,`� 0 C-2.1 SECTION C PROJECT BID SCHEDULE Item Total No. Description Quantity Unit Unit Cost Cost 12. Construct Variable Height Curb and Gutter (12- inch Minimum) including and not limited to subgrade preparation, forms, complete and in Pao �1,z9O� place 43 LF 13. Construct 4-foot Wide by 12-inch deep Rock Gully including and not limited to subgrade preparation, minor grading, appurtenancesZ�O com lete and in place 4 CY 14. Furnish and Install Non -woven filter Fabric for �$ P360cJ Rock Gully complete and in place 20 Sy 15. Construct Grouted Rip Rap complete and in place 125 SF 16. Construct PCC Pond Liner (in -kind) complete `�5 75O•co and in place 50 SF 17. Construct PCC Pond Edge Repair per Detail 30 as shown on the plans including and not limited �� V5000 to subgrade preparation, fill, compaction requirements, complete and in place 30 SF 18. Construct Sediment / Pond Control per Detail 32 as shown on the plans including and not limited to fittings, Ductile Iron elbow, rebar trash rack, �q'S97 _ro �K-'WP5-0 appurtenances, locating existing end of PVC pipe within Talbert Lake, complete and in place 1 LS 19. Relocate Existing Storage Bin 1 EA $550 50•, 00 20. Furnish and Install MP Rotator Sprays complete EA $38 ��'� and in place 20 21. Furnish and Install 1-20 Rotors complete and in 8 EA52i6.0C place 22• Furnish and Install Irrigation Mainline / POC 13 LF� $to. cc complete and in place 23. Furnish and Install Non Pressure Lateral Line3,9f�•� LF> Pipe complete and in place 782 24. Furnish and Install Quick Coupling Valve 1 EA2i0�'� complete and in place C-2.2 SECTION C PROJECT BID SCHEDULE Item Total No. Description Quantity Unit Unit Cost Cost 25. Furnish and Install Gate Valve complete and in EA $250 place 1 26. Furnish and Install Remote Control Valve �40 WCO (including wire to existing controller) complete 2 EA - 27. Furnish and Install Wire & Pipe Sleeves it6�� complete and in place 55 LF 28. Soil Preparation / Fine Grading as called out on the plans, specification and as directed by the �04 Engineer 9,598 SF 29. Furnish and Install 1 Gal. Shrub at 18-inches on lr3&6 00 center complete and in place 198 SF� 30. Furnish and Install 5 Gal. Shrub complete and in 114 EA($ 02p52 oc place 31. Furnish and Install 15 Gal. Shrub complete andh2�ao in place 16 EA 32. Furnish and Install 15 Gal. Tree complete and in $���2�B�O�o place 24 EA 33. Furnish and Install 24-inch Box Tree complete 0 Z�6�� and in place 3 EA 34. Furnish and Install Meadow Grass Mix (4" Pots) SF 450°50 2 923.E ✓ complete and in place . 5,040 35. Furnish and Install Seeded Lawn complete and �$/1272.00 in place 1;696 SF ,�075 36. Furnish and Install 2-inch Organic Mulch CY $60 3*000 complete and in place 60 37. 90 Day Post Construction Maintenance 1 LS �Ztp Z ?,=00 TOTAL BID AMOUNT (IN FIGURES) $�� TOTAL BID AMOUNT IN WORDS: Notes: All extensions of unit prices will be subject to verification by AGENCY. In case of a discrepancy between the unit price and the extension, the unit price will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-2.3 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 qf Work Name and Address of Subcontractor State License Number Class By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO DE EXECUTED BY BIDDER AND SUBMITTED WITH DID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on�9,� , at a►rk , CA U4,umeLoaw� Date City State t� , being first duly sworn, deposes and says that he or she is of re � irtig�i��)��to , 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 C-4 iTI'ILITY 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 CENTRAL PARK IRRIGATION RESERVOIR MODIFICATION, (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: 9 Green4n,Il rddt�l Lc,. Contractor By l lst�w�d( 1_ Title C-5 DISQUALIFICATION QUESTI®I®NAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTI®NNAME 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 (R(No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: (a ,9 ZDZ Contractor By IV/ Title C-7 BIDDER certifies that the following information is true and correct: Bidder Name 7O,FQa,n502 , kyc. So .209 Business Address 91303 City, `' State Zip ( /a ) go/ -�- WI) Telephone Number 902933 C-, A � State Contractor's License No. and Class Original Date Issued o113 / 2 A Expiration Date The work site was inspected by� �re,o our office on / "/OW , 2012 . The following are persons, firms, and corporations having a principal interest in this proposal: C-8 Ia The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature o idder Printed or Typed Signature Subscribed and sworn to before me this day of , 201,E . �• �' ' DAVID YEATE3 �^ Comm. # 1911647 1An ` NOTARY PUBUC•CALIF RNA �1 ORANGE COUNTY NOTARY PUBLIC My Comm. Exp. Nov. 2, 2014 A 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. and Address of Public Agenc Name and Telephone No. of Project Manager: Contract Amount Type of Work ' v 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-9 THE AMERICAN INSTITUTE OF ARCHITECTS ALA Document A310 Bond No. SBA850030 KNOW ALL MEN BY THESE PRESENTS, that we Greenland Construction Inc 7050 Owensmouth Ave., Ste 209 Canoga Park, CA 91303 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and American Safety Casualty Insurance Company a corporation duly organized under the laws of the State of OKtAHOMA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street Huntington Beach, Ca 92648 (Here insert full name ,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of (10%) Ten percent of the attached bid amount ( 10% of bid amount ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors. administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Central Park Irrigation Reservoir Modification (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed on May 9, 2012 Greenland Construction Inc (Pr' ci t}/1) (Seal) (Witness) F±f1 rlCdfl dICly urety) (Witness) Vane sa ruep (Title) Stephanie Casualty Insurance Company _- (Seal) Hrtn Attorney -in -Fact AIA DOCUMENT A310 BID BOND AIA O FEBRUARY 1970 ED THE AIviER1CAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.N. WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to prosecution. STATE OF CALIFORNIA County of Orange On 4--t l 2 - before me, Irene Luong, Notary Public D e Here Insert Name and Title of the Officer personally appeared Stephanie Hoang Name(s) of Signer(s) ,JE' UGNG IRE, j > Camfrl�slan m 1t S3839 s <I r ilotary Public - Cailtorrlia z z yl� y Crano., Gounly _-V f,4y Cornm. Expires Mar 22, 0014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(e) whose name(-s) is/are subscribed to the within instrument and acknowledged to me that+}e/she/that' executed the same in-his/her/th it authorized capacity(iss), and that by kris/her/their signature(s) on the,instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. /— Witness mV.hand ar ffil;.4(soal. Signature OPTIONAL Though the information below is not required by law, 'it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document:. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Hoang ❑ 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: Top of thumb here 02007 National Notary Association • 9350 De Soto Ave,. P.O. Box 2402 -Chatsworth, CA 91313-2402 • www.Nationa(Notary.org Item 45907 Reorder: Call Toll -Free 1-800-876-6827 re�,vl j�� d �D�r��ow 1+�. Cc t\fo - Cc - I b;F?- ,vw, O*v-. Mal 10/ 7-DtZ 'Lill 2.-00 2 0 17 Y 10 Psi 11 1 : tvi RECEIVED BY: (Name) (Date) ZVI CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON REACH INTERDEPARTMENTAL COMMUNICATION TO: Stw. #Freielew4Gh, City Treasurer FROM: DATE: -7�.�/1/ SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. 113 MSC No. (Company Name) 10/ 3'j 6)3 Approved Agenda Item No. (Council approval Date) S� City.Clerk Vault No. �, A #27 g1followup/bondletter.doc Bond No. SBA850030 Premium listed on Performance Bond PAYMENT BOND Executed in two originals (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to Greenland Construction Inc 7050 Owensmouth Ave., Suite 209, Canoga Park, CA 91303 (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract') for the work described as follows: Central Park Irrigation Reservoir Modification. CC-1382 (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 American Safety Casualty Insurance Company 100 Galleria Parkway, S.E. Suite 700, Atlanta, GA 30339 (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 Ninety Nine Thousand Eight Hundred Fifty Eight and 501100 ------------------------------------ dollars, ($ 99,858.50 _ ), 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 Caltfomla Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond,' otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named In Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable 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 not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, 27759 5. 1 PAYMENT BOND Page 1 of 2 Bond No. SBAS50030 extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the Individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond, Dated: June 12, 2012 ATTEST (Corporate Seal) ATTEST (Corporate Seal) (Attach Attorney -in -Fact Certificate) Greenland Construction Inc Principal Name) By: l Name: Its rep+«'cad American Safety Casualty Insurance Company (Surety Name) By. Name: Stephanie oang (Signature of Attar ey 'n-Fact for Surety) ( 770 916-1908 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH ennifer Mc rath I r ' S11 5 66 ity Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of anv parson sioninc as attomey-in-fact must be attached. I77JH9.� PAYMENT BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 12 I2- before me, Irene Luong, Notary Public Dat Here Insert Name and Title of the Officer personally appeared Stephanie Hoang Name(s) of Signer(s) �✓ FlENE L IONG c� 1 Commission 1883338 z Notary Public California -- " Ora, me County , t7) Comm rri,ire -, lust 2 2014 who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is/are subscribed to the within instrument and acknowledged to me that #e/she/thay executed the same iniiis/her/their authorized capacity(ies), and that by h+s/her/their signature(E) 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 Californ%�he fore ;faaragraph is true and correct. � 1 Witness. Signature_____�j___�(' Place Notary Seal,Above Signatu e oe o No�lary 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: Stephanie Hoang ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top 'off thumb here ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top "thumb ❑ Other: Signer Is Representing: ©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 -800-576-682 7 IN WITNESS WHEREOF„ American Safety Casualtyinsurance 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 E3" day of August, 2009 an,ixt Jan JosephD. T. i781 JAMI BAILEY Notary Public,.Hail Co., GA to € alley, otary; Puf}lic My Commission Expires Aug, 13, 2012 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 acid has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth P!< 1J 1 C1 C I Ii 11, AND IS SUBJECT, TO ADJUSTMENT BASED 0" T ? f r nh? ,qCT URl<E Bond No SBA850030 Premium: $1,997.00 Executed in two originals KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, by written agreement dated curie 12 , 201_L entered into a contract with Greenland Construction Inc 7050 Owensmouth Ave Suite 209 Canoga Park CA 91303_ (name and address of contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: Central Park Irrigation Reservoir Modification, CC-1382 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract'), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract, NOW THEREFORE, we, the undersigned, as Principal, and American Safety Casualty Insurance Company 100 Galleria Parkway, S E Suite 700 Atlanta GA 30339 (name and address of surety) (a duly admitted surety insurer under the laws of the. State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of Ninety Nine Thousand Eight Hundred Fifty Eight and 50l100 ------------------------------------ Dollars ($ 99,858.50 ), this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and Faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms, of the Contract as said contract may be altered, amended or modified from time to Ume; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deleiion, 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 Ume or contract price, and 277!M.1 PERFORMANCE BOND Page 1 of 2 Bond No. SBA850030 any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments -in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The.obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing thls instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: June 12, 2012 ATTEST Greenland Construction Inc (Corporate Seal) ( rincipal Name) Y By: Name: ' / 17D �Yra�_. %>C, r ;a Title: Al ATTEST American Safety Casualty Insurance Company (Corporate Sea[) (Surety Name) By: Name: Ste hanie aig— (Signaturee of Attorney tn- act for Surety) (Attach Attorney -in -Fact Certificate) (7 y 916-1908 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY �iUNTINGTON BEACH By. � y ennifer McGirath sll�%66 ity Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. 277591.1 PERFORMANCE BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On �_Q 12-1 —2— before me, Irene Luong, Notary Public ate Here Insert Name and Title of the Officer personally appeared Stephanie Hoang Names) of Signer(s) 1PEC LtjGISa s Corn, nisssjon 1 TS3838 ;� Netar Pslb" California Orange Coun-Y My Cori Expires Mar22, 201<i Place Notary Seat Above who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that 4rie/she/thay executed the same intiis/her/their authorized capacity(ias) and that by hi s/her/their signature(&) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State. of Cali forni��Oregragraph is true and correct. / \\ Witness mykand aXofficial Signature OPTIONAL Signature of Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Hoang ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee WTop ElGuardian or Conservator umb here ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s)— ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 0 2007 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 Chatsworth, CA 91313-2402 • www.NationalNotary.or9 Item 45907 Reorder. Call Toll -Free 1-800-676-6827 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) F11O62120 122 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Baumann Insurance Agency, Inc. 22019 Vanowen Street, Suite G Canoga Park, CA 910303 CONTACT Colleen Baumann .818-704-6625 FAX PHONE .818-704-9820 E•MAIL Colleen@Baumanninsurance.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Colony Insurance Company A XII 39993 INSURED Greenland Construction Inc 7050 Owensmouth Ave, Suite 209 Canoga Park, CA 91303 INSURER B : Praetorian Insurance Company A -IX 37257 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF M DD POLICY EXP MM DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED $ 100,000 rA X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X❑ OCCUR Y Y GL 952907 12115111 12115112 MED EXP (Any one person $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 X $2,500 Deductible X $5 Million Cap Limit Policy GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ X I POLICY 1FV PRO-LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ccdnt�_ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL AUTOS OWNED SCHEDAUTOS ♦ S Q F ["s. i�-C�'1 PROPERTY DAMAGE $ NON -OWNED HIRED AUTOS AUTOS W11ED GRATI, MC UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE iW2 DED I I RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIV �Y / N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A Y AQW 003741 12115111 12115112 X WC STATU- OTH- FR $ 1,000,000 E.L. EACH ACCIDENT - E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Regarding Project CC-1382 - Central Park Irrigation Reservoir Modification Additional Insured including Primary Coverage to The City of Huntington Beach, its officers, elected or appointed officials, employee, agents & Volunteers regarding General Liability on this project. Regarding Worker's Compensation Waiver of Subrogation to the City of Huntington Beach, its officers, elected or appointed officials, employee, agents & Volunteers - See Attached 30 Days Notice of Cancellation to the City of Huntington Beach regarding General Liability and Worker's Compensation l.tK I It-IL;A It HULUtK City of Huntington Beach Attn: Duane D. Wentworth 2000 Main Street City of Huntington, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD This endorsement modifies insurance provided under the followIng: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional insured Persons) Or Organization(s): Location And neAe.-r. tions City of Huntington Beach, itss AS DESIGNATED IN WRITTEN CONTRACT WITH NAMED agents, officers, elected or THE THE INSURED appointed officials & employees A. Section 11 — Who Is An Insured is amended to include the person(s) or organization(s) shown in the Schedule (called additional insured), but only with respect to: (1) Liability for "bodily injury" or "property damage" caused, in whole or in part, resulting from "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured.and included in the "Products -completed operations hazard" when you and Such persqn(s) or organization(s) have agreed in writing in a con- tract or agreement that such person(s) or organizations) be named as an additional in- sured,on your policy. (2) Liability for "bodily injury",, "property damage" or "personal and advertising injury" caused, in whole or in part, by resulting from: (a) Your acts or omissions; or (b) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the loca- tion(s) designated above. B. Section IV — Commercial General Liability Conditions, 4. Other Insurance is amended and the following added: If you are required by written contract to provide primary insurance, the insurance afforded by this Coverage Part for the additional insured shown in the Schedule is primary insurance and we will not seek contribution from any other insurance available to that additional insured, ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U462-031 0 Includes copyrighted material of ISO Propertiesi Inc., 2004 Page I of I with its petmissi6h, WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE WC 00 03 POLICY 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. SCHEDULE: ANY PERSON OR CRGANIZATLON FOR 'hHOM YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE WRITTEN CONTRACT MJST BE IN EFFECT PRIOR TO ^HE DATE OF THE LOSS OCCURRENCE BLANKET WAIVER This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (Tbe information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/15/2011 Policy No. AQW003741 Endorsement No. Insured GREENLAND CONSTRUCTION INC Insurance Company PRAETORIAN Countersigned by WC 00 0313 c (Ed. 4-84) Copyright 1983 National Council on Compensation Insurance. CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM: C;rPPnl an(l ('nngr-niCti nn Tnn PR4JELT; CC-1382 Central Park (Cori@ame) Irrigation Reservior Modification 7050 Owensmouth Ave., Suite #209 (Street Address) Canoga Park, CA 91303 (Oty, Stag and Lp) « , f NJ Z110 Prifail Attached hereto is a true and correct copy of the current Certificate of insurance and Additional insured Endorsement CG 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach ("City') and the above -named Contractor ("Contractor") for the above-oesaibed profixt (Vr+oJe1• I dedare under penalty of perjury under the laws of the State of California that the above statement is true and correct. Signed on June 12 201.2 at ('anc=a Park C'al i forni a (Date) (City, State) (Signature of individual Who is Maldnq Declaration) Colleen Baumann, Agent/Broker WARRANTY Contracbw hereby warrants and agrees to maintain Products and Completed Operations Insurance in compliance with the inswanoe requirements of the Contract for the Project Said insurance shall be maintained through and until the expiration of all Warranties provided by CortracbDr. Said insurance snap cw*Mn Additional Insured Endorsement OG 20101185, naming City as an additional insured. Conbadur shall suppy to City, on at least an annual t a Certificate or Insurance and the afor+emergored Endorsement evidencing avnti mied coverage which meets the Contract requirements. 55gned o, June 12 20at Canoga Park, California (Date) (w state) CONT AC170A. I itiGi r'� 27MI.2 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 July 5, 2012 Greenland Construction, Inc. 7050 Owenmouth Ave., Ste 209 Canoga Park, CA 91301 Re: Central Park Irrigation Reservoir Modification — CC-1382 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 proiect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for 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. S'ncerely, 40W Joan L. Flynn, CIVIC City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) gkW m0 nt\6mjcgrJtapEaAo® Waitakere, New Zealand Certification of Compliance with Title VU 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 VH of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20—, at , California_ (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] E > M R cGttA ' �- �� A ORNEY IL) 3-2yo"Cp 245911.1 CONTRACTOR'S CERTMCATE 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 (Signature of Declarant) APPROVED AS TO FORM By: s�t�fa llJ 3 • Zo D{� Name: [Type Name] Title: [Type Title] 245914 1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: 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. 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. wlv" RI Fi. VJ i. 7LS 03 • ab • (5710 247542.1 Council/Agency Meeting Held: O/ Deferred/Continued to: AAp ov ❑ �ditionall A roved ❑ Denied i ' CI rk's 1gnatur Council Meeting Date: June 4, 2012 Department Number: PW 12-026 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Award Construction Contract in the amount of $99,858.50 to Greenland Construction Inc., for the Central Park Irrigation Reservoir Modification Project, CC1382; and, appropriate $100,000 from the Water Fund to the Well 8 Gap account Statement of Issue: On May 10, 2012, bids were publicly opened for the Central Park Irrigation Reservoir Modification Project, CC-1382. Staff requests that the City Council award the contract to Greenland Construction Inc., the lowest responsive and responsible bidder. Financial Impact: Funds are budgeted in the amount of $65,000 and additional funds are available in the amount of $100,000 from Water Fund to complete this project. Recommended Action: Motion to: A) Accept the lowest responsive and responsible bid submitted by Greenland Construction Inc., in the amount of $99,858.50; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C) Appropriate $100,000.00 from the Water Fund to the Well 8 GAP, Account No. 50691024.82100. Alternative Action(s): Reject all bids, and provide staff with alternative direction. xB -27- Item 4. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 6/4/2012 DEPARTMENT ID NUMBER: PW 12-026 Analysis: In 2010, a new pump station was installed in Central Park to replace an old, lower capacity pump station to irrigate the park. The new pump'statibi is more efficient and does not require the use of the adjacent irrigation reservoir, which has been abandoned. The scope of this project includes partially filling the abandoned irrigation reservoir, landscape of the fill area to blend with existing vegetation, and to remove remaining old abandoned pump station appurtenances. 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 May 10, 2012, and are listed in ascending order: BIDDER'S NAME BID AMOUNT BID AMOUNT CORRECTED Greenland Construction $99,859.30 $99,858.50 MG Enterprises $109,374.40 Correct as bid Green Giant Landscape $118,593.60 Correct as bid Fleming Environmental $119,382.80 Correct as bid Gamma Builders $136,320.00 Correct as bid Garcia Juarez $186,644.00 Correct as bid Bid amounts were verified and the lowest responsive bidder was determined to be Greenland Construction Inc. The reference check for Greenland Construction Inc., provided acceptable responses from past clients. The low bid was twenty (20%) percent lower than the engineer's cost estimate of $125,000. With contingency, supplemental expenses, and expected staff costs, the full project cost is estimated to be $165,000. Public Works Commission Action: The Public Works Commission reviewed and approved CC-1382 on November 16, 2011, with a vote of 5-0-2 (Herbel and Cook absent). Environmental Status: The project consists of rehabilitation of existing City -owned facilities, with little or no expansion of an existing use. The project is, therefore, categorically exempt from CEQA per Article 19, Section 15301 Strategic Plan Goal: Improve the City's infrastructure Attachment(s): Item 4. - 2 HB -28- z HB -29- Item 4. - 3 PACIFIC S Lin Me q wwa iiy a "o, 405 �nmcda sulaoaea IR r+W�^I Ow a I I s dpo UrSwAiv n Om PEIt1ia S"ma C. 5 yr NgyNp ! '. I1pmdP ndsd m S n � OCEAN ; , ' a _� �, x � �'� • VICINITY MAP I LOCATION MAP N.T.S. N.T.S. CO WN ST WELLLL Q.3 6t° • ` -PUMP STATION LOCATION MAP • N.T.S. Central Park Irrigation Reservoir Modification Project CC-138 Item 4. - 4 HB -30- CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND 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/surfnct/eityconst I of 22 12/11 HB -31- Item 4. - 5 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 12/11 Item 4. - 6 HB -32- C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/surfnet/cityconst 3 of 22 12/11 HB -33- Item 4. - 7 "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 Item 4. - 8 g/agree/surfnet/cityconst 4 of 22 12/11 HB -34- 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/agre e/surfn et/c i tyconst 5 of 22 12/11 Hs -35- Item 4. - 9 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 12/11 Item 4. - 10 HB -36- 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 12/11 xB -3 7- Item 4. - 11 compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension g/agree/surfnet/cityconst 8 of 22 12/11 Item 4. - 12 HB -38- shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of- (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. g/agrcc/surfiict/cityconst 9 of 22 12/11 x8 -39- Item 4. - 13 B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the g/agrcc/surfnct/cityconst 10 of 22 12/11 Item 4. - 14 xB -40- amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the g/agree/surfnet/cityconst I I of 22 12/11 1413 -41- Item 4. - 15 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/agrcc/surfnct/cityconst 12 of 22 12/11 Item 4. - 16 HB -42- 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. glagrcelsurfnet/eity cons t 13 of 22 12/11 HB -43- Item 4. - 17 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/sur£net/cityconst 14 of 22 12/11 Item 4. - 18 HB -44- evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. g/agree/surfnet/cityconst 15 of 22 12/11 HB -45- Item 4. - 19 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/agrec/surfnct/cityconst 16 of 22 12/11 Item 4. - 20 HB -46- 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/swfnet/cityconst 17 of 22 12/11 HB -47- Item 4. - 21 One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other 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, g/agrce/surfnct/cityconst 18 of 22 12/11 Item 4. - 22 HB -48- define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each parry shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent g/agrcc/surfnct/cityconst 19 of 22 12/11 HB -49- Item 4. - 23 jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. g/agree/surfnet/cityconst 20 of 22 12/11 Item 4. - 24 HB -50- 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 41. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, g/agree/surfnet/cityconst 21 of 22 12/11 xB -51- Item 4. - 25 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 20 CONTRACTOR print name ITS: (circle one) Chairman/President/Vice President AND print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: Director of Public Works REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney g/agree/surfnet/cityconst 12/11 Item 4. - 26 22 of 22 HB -52- CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS 1. STATE OF WORK; ACCEPTANCE OF RISK 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 3. COMPENSATION 4. COMMENCEMENT OF PROJECT 5. TIME OF THE ESSENCE 6. CHANGES 7. NOTICE TO PROCEED 8. BONDS 9. WARRANTIES 10. INDEPENDENT CONTRACTOR 11. LIQUIDATED DAMAGES/DELAYS 12. DIFFERING SITE CONDITIONS 13. VARIATIONS IN ESTIMATED QUANTITIES 14. PROGRESS PAYMENTS 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 17. WAIVER OF CLAIMS 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 19. WORKERS' COMPENSATION INSURANCE 20. INSURANCE 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 22. NOTICE OF THIRD PARTY CLAIM 23. DEFAULT & TERMINATION 24. TERMINATION FOR CONVENIENCE 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 26. NON -ASSIGNABILITY 27. CITY EMPLOYEES AND OFFICIALS 28. STOP NOTICES 29. NOTICES 30. SECTION HEADINGS 31. IMMIGRATION 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 33. ATTORNEY'S FEES 34 INTERPRETATION OF THIS AGREEMENT 35. GOVERNING LAW 36. DUPLICATE ORIGINAL 37. CONSENT 38. SURVIVAL 39. MODIFICATION 40. SIGNATORIES 41. ENTIRETY Page No. 7 7 9 10 11 11 12 12 12 13 14 14 15 16 16 17 17 17 17 18 18 19 19 19 19 20 21 21 21 21 21 21 HB -53- Item 4. - 27 SEC'I'I®N A N OTICE INVITING SEALED BIDS for the construction of CENTRAL, PARK IRRIGATION RESERVOIR MODIFICATION CC No. CC-1382 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on May 10, 2012. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $50.00 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 -1 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 primarily of removing a small existing PCC irrigation reservoir liner, partially fill with imported material, minor alteration to existing drainage pipes, remove existing PCC pad of an old pump station, salvage above ground appurtenance to the AGENCY, abandon and remove unnecessary electrical conduits and conductors, expand irrigation system, landscape improvement by planting new shrubs, trees, and lawn. e The contract shall allow the Contractor 60 working days to complete the contract. ® The engineer's estimate of probable construction cost for the work included in the basis of award is $125,000. 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 6th day of September 2011, by Resolution No. 2011-68. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH IN \:v Printed by: OfifZ2 Patricia Garnino Apr 10, 2012, 6:47. am Salesperson: pticipe: Ad 0 34940042 Ad Copy: SECTION A NOTICE INVITING SEALED BIDS for the construction of CENTRAL PARK IRRI- GATION RESERVOIR MODIFICATION CC No. CC-1392 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, Cali- fornia 92648, up to the hour of 2:00 PM on May 10, 2012. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $50.00 nonrefund- able fee if sent by UPS ground delivery (bidder shall pay additional costs for special deliv- ery). Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pur- suant 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 J - ad proof pg. 1 --- t , AyD1tER�T iStltfG • r ,r �.' A< Printed by: 0602 Patricia Gamino Apr 1,0, 2612, 6:47 errt u 00 Avidigoo0vas Salesperson: lXI:t NIP Phone: Ad A 34" 42 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, Hun- tington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substi- tute an escrow holder surety of equal value to the retention in accor- dance with the provi- sions of the California Government Code, Sec- tion 4590. The Con- tractor shall be benefi- cial 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 re- sponse to this notice and will not be dis- criminated 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 consid- ered unless it is pre- pared on the approved Proposal forms in con- formance 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 suc- cessful bidder shall be licensed in accordance with provisions of the Business and Profes- sions Code and shall possess a State Con- tractor'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 pri- marily of removing a small existing PCC irrigation reservoir liner, partially fill with im- ported material, minor alteration to existing drainage pipes, remove existing PCC pad of an old pump station, sal- vage above ground appurtenance to the AGENCY, abandon and remove unnecessary electrical conduits and conductors, expand irrigation system, land- scape improvement by planting new shrubs, trees, and lawn. The contract shall allow the Contractor 60 working days to com- _.. _......, .._...................._. .._....._.. ......... )etethQs.an.#ract,.. .. ........ „.....-.._ ........_., --- ad proof pg. 2 --- The esti- mate con- struction cost forme xmm /o,mmm in the uomo of award is m��00. The AGENCY ,°msx,, the right mreject any o,all bids, mwaive any irregularity and mtake all bids 000m advise- ment for o maximum period xmdays- BY uooe o, the u/r/ COUNCIL HUNTINGTON BEACH, CALIFORNIA, the 6th day of September 2011, by Resolution No. 2011- 68. Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published H.B. Indepen- dent April 12,19, 26 2012 -..... ......... .... .... _-_--__'_.~_......... ^--`-___,_'-`-... ....... ..... _--_--......... ..... `~-__`_—`_~...... ... ..... -'........ ..... .-~--.-~-�~_ __~`_---,.-'-�~-_�-_-_-__�-__~'�'_'_- -- ad proof pg. o — SECTION k ;NOTICE INVITING SEALED STATE OF CALIFORNIA) ) SS. COUNTY OF 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, April 12, 2012 Thursday, April 26, 2012 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on May 4, 2012 at Los Angeles, California Signature `fog the,construction;of Ci`E,NTRA-L�;-:.PARK R E -'S 'E,'.R V 'O 1' R MODIPICAT10N,4: z`= C_ CNo. CC-1382 " `in the: - -: CITY-''0 HUNTlNG,TOW' 4EACH. PUBCIC'• NOTICE, IS HEREBY, GIVEN, that `the ,CIT,Y_.T1VV HUN71NGTON BEACN;, as -,AGENCY, in Lvites`°sealed,bidsaor the above 'stated projects and --will=receive such bids in; the -office of..the City-CIer-k`,'1*��Sec"ond TlopF 2000 Ma"in=Street, r '`- ,'HuhtingtoBeach, 'Cali- fornia 92648 nup `to the flour- of'- 2:00`.' PM-,on 11,0 „. 20112 Bids will--be'`.publicly`� open'"�in the-. Council,, Chambers pnless dtherwise=posted. Copie's a' df:=',;tfie�' Plans, Specifications;'and _--con- tract ocu ents : are .available from the,Affice of the Director of Public Wor,k�s, ;€2000 :Mainn `St r e e3', . 'H'uin'ti n gto n RBarh'`ZCA 92648:-ubon picked' .up :or payment .of a $50.00,.n6nrefun- dabliii4ee if,sent by'UPS . -ground '-delivery;(bidder shall pay"„"additional -- costs-`Sfor_ special', deliv- 1 ny contract entered in to - pursuant - to this -no-; Labor:Code.,Pursuant to the,:.provisions pf :the': Labor,Code of-the':State ' 6f 'California, the.'mini-- mumprevailing -rate of: . per. them `wagesfor.each= : craft; 'classification" or type of .workman needed' i to,execute; the -contract. shall" bia., those ',detef j . mined'by-tfie,Director_of Industrial r`-Relations of the:,,State 64� California;;! which°are''.on file at, the' Office of -the Director of, Public=,Works;-2000, Main Street,_ "Hu_ntin'gtom' Beach;'CA:92648 i. ; . ' The AGENCY'will deduct, t a-10:%-retention from all progress -payments: The= Contractor,,lmay .;substi-; tute an - escrow , holder; . surety of'equal 'value -toa' the .;retention -'.in,' , r .accor- dance with'--th"e' iprovi ` sions of.;the--CaVifornia.: Government, Code„ Sec- tion .45W0 T.he-. Contrao , i -tor; shall,;.be-`.beneficial, ,owner of ;the -.surety and'' shall `receive+any Ater-„ this°` notice. and; will .not be''discriminatedt^i nst: on+thg'_basis.of race, color., 'national ;origin, ancestry, 'sex, or'reli- gion° _in any ;consider ation _ leading'.'_to .the. award-of.contract. No, -.bid shall be consid ered":unless it is :pre= pared the approved Proposal, forms" in. con-- fo'r.man`ce� with the Instructions to':Bidders? 'as':;determined._ by -the` AGENCY: -.The. bid must be'` acconipamed by'. -,a certified 'check, cash- ier's -check, `dr bidder's bond "made payable_ 'to the. AGENCY- for an .amount no less than 10% of the amount bid. T��.-.-............4..1 -A- lance with St. of the Bus Frofessi ns ".shall ,,pqsse; e Contractor,'! 6 - Class X. ii Tfie�_suc6etsful Contrac- tor, and; his, subcontrac-, tors�',will - 'b'6 -required,, to� possess - busine'ss censes from, the��AGEN­ Cy� Projict Descrilption The.'�r.Gject: consists pr17, marily' �'of` removing � a small. -exisiting-- PCJC Je- rigatici - n,�reservoir, lifier;, par i fill, with.'imporf-, 2 ed i aterial min'or­'alter� a t i 9:n �,:t 0.1 , �e i� i �s�A i n g drainage,. pipes, remove existing PCC pa& of an old,: pu;np, -station,. sal- vagib, above ground ap- p U �.It er nance� t o the AGENCY, ' "abandon and remove� unnecessary ccind6ctors;, exparid,"irri- ga t idri 'systeMr land- scap , e improvement�- by pla ' nting - new' - shrubs� tree I s!,.and awn- Ther contract shall a] - low the Contract , or 60 working days to com-' 016te t h, _�c dfitract.� The engineer's, es-. timate,�of:lir6bable, con- struftibn�-_'&sf,'fori the work incitidid - in" the Uasit of,,,,,award . is or all. bid - s;��t6.,waive any irregularity', 4nd, ti5jake all bids�� under 'advise-, ment.:for 'a �ma'xirnum period'of 60, days. BY �OR ER,",,of-t Fy. COUNCIL of'the CIT F HUNTI 3E 'C �,CALIF R I lthe�', t 'day of S " eoti6�nbe ' r 2 '11" by ' Re 01.9, i'on-'-- o� 201 Attest L."hynn CITY'CLERK4OF THE�CITY �- OF HUN TINGTON BEACH Published K.B., Indepen- dent April, .12, J�, ,2012 ' ' : , , , I STATE OF CALIFORNIA) COUNTY 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, April 12, 2012 Thursday, April 26, 2012 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on May 4, 2012 at Los Angeles, California '4 1 lkb �L t�, I JL, v Signature .NOTICE 1N,VIT_ING SEALED ;SIDS ,for the canstan of C'E-N T R`A"L'-: P A-RX l` R`R--I G 44,, i�+0`_N W E S-'E-`R- V- ik6WfICAT1dW,. ff_-CC�No:�CC-1382°.;., in 04 C17Y OF, HUNTINGTON' Bites sealed'-bids,for-the above;y�stated-,',projects and .will' receive's such bid s'in _the offices of the City `''Cl`ar',k-=__-Sidond Floor, 2000-Main Street; Huntington 'Beach, -Cali- fornia 92648 16p to the hodr,-_of 2:00-1PM oh May 10,--2012. Bids will,?be -publicly: :open in the-" Council, -,,Chambers documents are available from;theDffice of-the"Director of*Public 1Nork'sa:;'200D;. Main Beaotl:CA 92648:upon payment.,, o .a $25:00 nonrefun'da,_ble-�feef'.if picRe&11-V or na9`ment of a:w$i cable_fe ground' shaii -1 costs f( er )- Any,.con t by UPS (bidder Iditional al deliv- tered- i `n- this no- Latior,Code: `P..ursuan_t to the.rtprovisioni�.,-of. the 'Labor -Code of tneeState of : California; ,-the _-mini- mum . prevailing -rate :of per.,diem wagesfor each craft; classification,.".' or t4pe.of workman .needed min'6&bv.the are: on file at untrng.ton. MR_..,. progress p'aymentsi,,.The Contractor' `may substi- tute are escrow holder surety of - equal value .to. the [etentioW.Jh-: actor-. dance74.44ith .the= provi sions;_„of, ahe - California; Government Code, Sec-; tion''4590. _The Contrac for shell. be :beneficial: The "AGENCY-_ hereti} firmatively. ensures this ;rr otice=and will not be:dlscriminateb=against on the,- basis. ",,of ,race; color.`:national'° origin',, ancestry;' sex;'.`,or reli- U U.11-- - Ad shall be`,consid unless it is' pre' d on -the approved iosal forms in con- nance`';` with.;`- the -uctions to,Bidders cco_mpanied.'by, a ied, check,, .cash - check, -or.; bidder's made -payable 'to AGENCY. for�,,,an nt- no', " -less "than of=the amount bid. t "will be required to. possess business Pro t Description: -5 /- , q 'flj 1 "HZIE - -,A - 10 (f) MA CC- ,%3 BID DATE: d of TIW- c-2-gad - En&eer's Esfimate: $ DOC) BLO LIST BMDER--'7.Y-N.41Y1Zi RAAW-- ---TOTALBM"OUNT vx 6. 0 7V, �O 7. 10. 12. 13. 14. UNSUCCESSFUL, BIDS CC-13 82 Central Park Irrigation Reservoir Modification City ®f Huntington beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 o www.huntingtonbeachea.gov office of the City Clerk Joan L. Flynn, City Clerk July 6, 2012 Fleming Environmental, Inc. 1372 E. Valencia Drive Fullerton, CA 92831 RE: CC-1382 — Central Park Irrigation Reservoir Modification Enclosed please find your original bid bond for CC-1382. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand City of Huntington Beach Office of the City Clerk 2000 Main Street, 2nd Floor Huntington Beach, CA 92648 4 w 1 1'4 — n . 1d1 Y PROPOSAL for the construction of CEINTRAL PARK IRRIGATION RESERVOIR MODWWATION from 17562 Goldenwest Street CC No. CC-132 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 60 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 k 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 Bidder's Bndin the amount of $111,00D� — 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 None d C-2 _ __ SECTION C PROJECT BID SCHEDULE ..•Ell IN .1-211LONEZ44• •R • CC No. 1382 BID ITEMS Item Total No. Description Quantity Unit Unit Cost Cost 1. Mobilization / Demobilization 1 LS 2. Traffic Control Plan and Traffic Control 1 LS 3. Clearing and Grubbing 1 LS 4. Import and place Unclassified Fill specifically for filling the detention pond as called out on the ��a�' plans including and not limited to subgrade preparation, complete and in place 520 CY 5. Furnish and Install 12-inch Gate Valve and Box per City's Standard 612 including adaptors for connection to PVC pipe complete and in place 1 EA 6. Furnish and Install 12-inch Diameter SCH 40 PVC Pipe including and not limited fittings, elbows, appurtenances, connection to existing �� pipe and connection to proposed 12-inch Gate s Valve complete and in place 60 LF 7. Furnish and Install 6-inch Diameter SCH 40 PVC Pipe including and not limited to fittings, complete and in place 40 LF 8. Furnish and Install 9-inch Square Basin with Atrium Grate Drop Inlet per the project plans including and not limited to all fittings, appurtenances, subgrade preparation, %-inch rock, complete and in place 1 EA 9. Furnish and Install Ductile Iron 6-inch Diameter Blind Flange per the project plans complete andj1 in place 1 EA 10. Furnish and Install Ductile Iron 12-inch Diameter Blind Flange per the project plans complete and 1. in place 1 EA 11. Clean, Rout and Grout PCC Cracks Greater than 1 /8" Width per 10 LF SECTION C PROJECT BID SCHEDULE Item Total No. Description Quantity Unit Unit Cost Cost 12. Construct Variable Height Curb and Gutter (12- inch Minimum) including and not limited to subgrade preparation, forms, complete and in lace 43 LF 13. Construct 4-foot Wide by 12-inch deep Rock Gully including and not limited to subgrade preparation, minor grading, appurtenances`�j� complete and in place 4 CY 14. Furnish and Install Non -woven filter Fabric for -� Rock Gully complete and in place 20 SY 15. Construct Grouted Rip Rap complete and in LM 1515DD- place 125 16. Construct PCC Pond Liner (in -kind) complete ii u . and in place 50 SF 17• Construct PCC Pond Edge Repair per Detail 30 as shown on the plans including and not limited to subgrade preparation, fill, compaction requirements, complete and in place 30 SF 18. Construct Sediment / Pond Control per Detail 32 as shown on the plans including and not limited to fittings, Ductile Iron elbow, rebar trash rack, �fQ appurtenances, locating existing end of PVC pipe within Talbert Lake, complete and in place 1 LS 19. Relocate Existing Storage Bin 1 EA 20. Furnish and Install MP Rotator Sprays complete and in place 20 EA 21. Furnish and Install I-20 Rotors complete and in = --� -- place 8 EA 22. Furnish and Install Irrigation Mainline / POC �A complete and in place 13 LF 23. Furnish and Install Non Pressure Lateral Line LFo Pipe complete and in place 782 24• Furnish and Install Quick Coupling Valve .�� -C:�O_ complete and in place 1 EA c-2.2 SECTION C PROJECT BID SCHEDULE Item Total No. Description Quantity Unit Unit Cost Cost 25. Furnish and Install Gate Valve complete and in 1 EA place 26. Furnish and Install Remote Control Valve - - (including wire to existing controller) complete 2 EA 27. Furnish and Install Wire & Pipe Sleeves �- Z complete and in place 55 LF 28. Soil Preparation / Fine Grading as called out on the plans, specification and as directed by the Engineer 9,598 SF 29. Furnish and Install 1 Gal. Shrub at 18-inches on SF a center complete and in place 198 30. Furnish and Install 5 Gal. Shrub complete and in L4 rqD _ "' place 114 EA m 31. Furnish and Install 15 Gal. Shrub complete and 16 EA 19 in place 32. Furnish and Install 15 Gal. Tree complete and in 24 EA V ® ��- place 33. Furnish and Install 24-inch Box Tree complete and in place 3 EAA 34. Furnish and Install Meadow Grass Mix (4" Pots) r complete and in place 5,040 SF 35. Furnish and Install Seeded Lawn complete and a in place 1,696 SF 36. Furnish and Install 2-inch Organic Mulch CY -- complete and in place 60 37. 90 Day Post Construction Maintenance 1 LS TOTAL BID AMOUNT (IN FIGURES) $ 119 �J TOTAL BID AMOUNT IN WORDS: Notes: All extensions of unit prices will be subject to verification by AGENCY. In case of a discrepancy between the unit price and the extension, the unit price will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-2.3 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. wNcliever 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 Landsca Irrigation e Kato Landscape 806122 C-27 18182 Bushard St. Fountain Valley, CA 92708 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 5/7/12 , at Fullerton CA Date City State Terry L. Fleming, Jr. , being first duly sworn, deposes and says that he or she is President of Fleming Environmental Inc, the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Fleming Environmental Inc. Name if Bidder ry L. Fleming, Jr. Signature of Bidder 1372 E. Valencia Drive Fullerton, CA 92831 Address of Bidder c-a 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 CENTRAL PARK IRRIGATION RESERVOIR MODIFICATION, (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: May 7, 2012 C-5 Fleming Environmental Inc. Contra r Terry L. Fleming, Jr. 13y President Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes M 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. G6 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: May 7, 2012 C-7 Fleming Environmental Inc. Contractor Terry L. Fleming, Jr. y President Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Fleming Environmental Inc. Bidder Name 1372 E. Valencia Drive Business Address Fullerton, CA 92831 City, State Zip ( 714 ) 871-2800 Telephone Number 746017 Class A/B Haz State Contractor's License No. and Class February 18, 1998 Original Date Issued February 28, 2014 Expiration Date The work site was inspected by Mike Fleming of our office on May 3 , 201 2. The following are persons, firms, and corporations having a principal interest in this proposal: Fleming Environmental Inc. Terry L. Fleming, Jr. Mike Fleming C-s President/Secretary/Treasurer Vice President The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Fleming Environmental Inc. Compa Name Signature ot-Bidder Terry L. Fleming, Jr., President Printed or Typed Signature Subscribed and swaoT to before me this day of .201 NOTAW PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Please see the attached references V 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-9 I f Jurat State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 7th day of May, 2012, by Terry L. Fleming Jr., proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ( Signature VCR (Seal) g Jennifer Martin, Notary Public .:., JENNIFER MARTIN Commission # 1884046 a ;mm Notary Public - California z ' Orange County My Comm. Expires Apr 22, 2014 My Commission Expires: April 22, 2014 FLEMING ENVIRONMENTAL INCORPORATED 1372 E. Valencia Drive, Fullerton, CA 92831 (714)871-2800 * Fax (714)871-2801 License #746017 REFERENCES Golden State Water Company 2143 E. Convention Center Way, #110 Ontario, CA 91764 Equipping of Bissell Well No. 3 Original Contract Amount: $1,004,473.00 County of Los Angeles 900 S. Fremont Ave., 8'" Floor Alhambra, CA 91803 F.D. Roosevelt Park ADA Improvements, Project No. 069-09 Contract Amount $ 164,243.00 City of Moreno Valley 14177 Frederick Street Moreno Valley, CA 92553 Shadow Mountain Park Ballfield Lighting and Restroom Building Contract Amount $ 285,902.80 November 2011 —April 2012 Danielle Jones (909) 937-0111 XTN 305 (909) 937-0222 FAX drjones@gswater.com June 2011 - August 2011 Jenny Carney (626) 458-2549 (626) 979-5311 FAX icarney(a-dow.lacounty.gov May 2011 —July 2011 Tony Hetherman (951) 413-3163 (951) 413-3170 FAX tonyh(o)moval.org State Of California _SONTRACTORS STATE LICENSE BOARD CoRsumer ACTIVE LICENSE A tTai rs i* 746017 CORP FLEMING ENVIRONMENTAL INCORPORATED A HAZ 8 A&k. 02/28/2014 vAm.csIb.ca.,qov y Clinn+ii• 19AAA19 3(15F1 FMIFNV C R®T. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 04/26/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER I BB&T Insurance Services IPHONEC, of Orange County 680 Langsdorf Drive Suite 100 Fullerton, CA 92831 NAMEACT Gloria Gabriel or Mary Faber No, Ext>: 714 578-7000 _ (AC, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Chartis Specialty Insurance Co 126883 INSURED Fleming Environmental Inc. 1372 East Valencia Drive INSURER B : General Insurance Co of America 24732 _ INSURER C Granite State Insurance Corn an p y - -- -- - .... _ ...--- _ INSURER D :Travelers Property Casualty Co 23809 ._.... 25674 Fullerton, CA 92831 --- _ INSURER E INSURER F : Cn119=0An=c CERTIFICATE NI IMRFR• REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 'iADDL LTR TYPE OF INSURANCE !INSR SUBRj WVD POLICY NUMBER POLICY EFF MM/DDlYYYY POLICY EXP MM/DD/YYYY) LIMITS _ _ _ A GENERAL LIABILITY j PROP2018813 9/01/2011 09/01/2012 EACHOCCURRENCE - _$1,IM000 . XI COMMERCIAL GENERAL LIABILITY I DAMAGE TO RENTED PREMISESSEa occurrence) s300,000 MED EXP (Any one person) _ .S25,000 - CLAIMS -MADE a OCCUR I XJ Pollution Liability PERSONAL & ADV INJURY _ $1 ,000,000 X'; Professional Liab. GENERAL AGGREGATE 52,000,000 PRODUCTS - COMP/OP AGG 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: $ POLICY X PEO LOC B AUTOMOBILE LIABILITY 24CC2857812 9/01/2011 09/01/201 COMBINED SINGLE LIMIT tEaacc_dent) $1,000,000 X1 ANY AUTO BODILY INJURY (Per person) S ALL OWNED SCHEDULED At _ AUTOS AUTOS NON -OWNED XI HIRED AUTOS X :AUTOS BODILY INJURY (Per accident) _ _ -- _.._. ... PROPERTY DAMAGE Per accident S - $ $ ^' A i UMBRELLA LIAB X OCCUR PROU2019429 9/01/2011 09/01/2012 EACH OCCURRENCE s5,000,000 AGGREGATE $5 000 000 X! EXCESS LIAB CLAIMS -MADE DED I X RETENTION $O $ j WORKERS COMPENSATION C AND EMPLOYERS' LIABILITY y / N . ANY PROPRIETOR/PARTNER/EXECUTIVEf -- OFFICER/MEMBER EXCLUDED? (Mandatory in NH) I N / A WC65256167 ( 5/01/2012 05/01/201 WC STATU- OTH- X RY LIMITS R E.L. EACH ACCIDENT S1 000,000 E.L. DISEASE - EA EMPLOYEE $1 000 000 E.L. DISEASE - POLICY LIMIT $1 ,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below D Equipment QT6606686M19ATIL11 9/01/2011 09/01/2012 $160,000 Max Per Item Rented/Leased $1,000 Deductible DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Evidence of Coverage CERTIFICATE HOLDER L;ANL;LLLA I IUN Evidence of Coverage SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE g THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE -�. © 1988-2010 ACORD CURPUHAI IUN. All rignis reservea. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S8537797/M8537744 KAVON .... UFidelity and Deposit Company of Maryland Home Office: 1400 American Lane, Schaumburg, IL 60196 �GJL� F!1TU13V11QN&N KNOW ALL MEN BY THESE PRESENTS: That we, Fleming Environmental, Inc., as Principal, (hereinafter called the "Principal'), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Schaumburg, IL, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Huntington Beach as Obligee, (hereinafter called the "Obligee"), in the sum of Ten Percent of Amount Bid Dollars ($10% of Amt Bid), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Project No. CC-1382-Central Park Irrigation Reservoir Modification. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 3rd day of May A.D. ,2012. 1�LJ1.A—� Jehni er Martin 11 Witness By , Witness C325-150M, Approved by The American Institute of Architects, A.I.A. Document No. A-310 February 1970 Edition. Fleming Environmental, Inc. (SEAL) Principal J Terry L. Fleming, Jr. President Title AND DEPOSIT COMPANY OF MARYLAND Ted E. Adamson, Attorney -in -Fact Surety Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, w ' set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s ate, constitute and appoint Ted E. ADAMSON, of Brea, California, its true and lawful a o -F ake, execute; seal and deliver, for and on its behalf as surety, and as its act and deed s u ,and the execution of such bonds or undertakings in pursuance of these r m pany, as fully and amply, to all intents and purposes, as if they had been c ac �gularly elected officers of the Company at its office in Baltimore, Md., in �persattorney revokes that issued on behalf of Ted E. ADAMSON, dated 9; The said Assistant oes; at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- any, and is now in force. IN WITN OF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of January, A.D.2004. ATTEST: ',gyp 9EPOSrf O a� 3 W � State of Maryland 1 ss: Baltimore County f FIDELITY AND DEPOSIT COMPANY OF MARYLAND T. E. Smith Assistant Secretary Paul C. Rogers Vice President On this 19th day of January, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified; came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Dennis R. Hayden Notary Public My Commission Expires: February 15, 2013 POA-F 012-5403D CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On 5/7/12 before me, Jennifer Martin, Notary Public Date Here Insert Name and Title of the Officer personally appeared Terry L. Fleming Jr. Name(s) of Signer(s) 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/&he/trey executed the same in his/her/their authorized capacity(jes), and that by his/her/the+tsignatures(s) on the instrument the persons); or the entity upon behalf of which the person(s),- JENNIFER MARTIN acted, executed the instrument. commission # 1884046 Z a Notary Public -California ; I certify under PENALTY OF PERJURY under the laws of Orange county 2, 2014 MV Comm. Expires Apr 2the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature C::4 Lry�� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Terry L. Fleming Jr. ❑ Individual ❑ Corporate Officer — Title(s):President ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact Top of thumb her El Trustee El Guardian or Conservator ❑ Other: Signer is Representing: Fleming Environmental Inc. Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On May 3, 2012 before me, Lynn A. Beimer, Notary Public Date Here Insert Name and Title of the Officer personally appeared Ted E. Adamson Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personwhose named /are subscribed to the within instrument and acknowledged to me that eo he/they executed the same in is er/their authorized capacity{iesr, and that by is er/their signaturesXon the instrument the behalf of which the LYNN BEIMER person*-,­6r a entity upon personX Commission # 1960927 acted, executed the instrument. Notary Public - California i orange County My Comm. Ex fires Dec 16, 2015+ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner ❑ Limited ❑ General ❑ 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 o www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk July.6, 2012 Gamma Builders, Inc. 2967 Michelson Dr., Suite G-710 Irvine, CA 92612 RE: CC-1382 — Central Park Irrigation Reservoir Modification Enclosed please find your original bid bond for CC-1382. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand Gamma Builders, Inc. 2967 Michelson Dr., Suite G-71 0 Irvine, CA 92612 Tel: 949 525-8835 Fax: 949 271-4655 z CA 12 <f:r' /41v, ('C - IM2- 2012 t 11,"IT 10 Pill 12: 31 SECTION C PROPOSAL for the construction of CENTRAL PARK IRRIGATION ESEIZVOI MODIFICATION from 17562 Golclenwest Strut CC No. CC-1.82 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 fit) 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 9J g(-`J in the amount of $ 1,3 2-- which a 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 SECTION C PROJECT BID SCHEDULE PROJECT BID SCHEDULE CENTRAL PARK IRRIGATION RESERVOIR MODIFICATION CC No. 1382 BID ITEMS Item Total No. Description Quantity Unit Unit Cost Cost 1. Mobilization / Demobilization 1 LS F: 3 l �_` -' r e « 2. Traffic Control Plan and Traffic Control 1 LS _,SL 5 �' •� 3. Clearing and Grubbing 1 LS `-' �' • �O 4. Import and place Unclassified Fill specifically for filling the detention pond as called out on the plans including and not limited to subgrade preparation, complete and in place 520 CY 5. Furnish and install 12-inch Gate Valve and Box per City's Standard 612 including adaptors for connection to PVC pipe complete and in place 1 EA 6. Furnish and Install 12-inch Diameter SCH 40 PVC Pipe including and not limited fittings, elbows, appurtenances, connection to existing pipe and connection to proposed 12-inch Gate Valve complete and in place 60 LF S 7, - co -S ti S'�' . 0�: 7. Furnish and Install 6-inch Diameter SCH 40 PVC Pipe including and not limited to fittings, �16 com fete and in lace 40 LF 1I • Su 8. Furnish and Install 9-inch Square Basin with Atrium Grate Drop Inlet per the project plans including and not limited to all fittings, appurtenances, subgrade preparation, '/-inch rock, complete and in place 1 EA I f O , O v / 9. Furnish and Install Ductile Iron 6-inch Diameter Blind Flange per the project plans complete and in place 1 EA YS 60 10. Furnish and Install Ductile Iron 12-inch Diameter Blind Flange per the project plans complete and in place 1 EA Z e t>, 00 �+ 10 11. Clean, Rout and Grout PCC Cracks Greater than 1/8" Width per 10 LF C-2.1 SECTION C PROJECT BID SCHEDULE Item Total No. Description Quantity Unit Unit Cost Cost 12. Construct Variable Height Curb and. Gutter (12- inch Minimum) including and not limited to subgrade preparation, forms, complete and in lace 43 LF 13. Construct 4-foot Wide by 12-inch deep Rock Gully including and not limited to subgrade preparation, minor grading, appurtenances complete and in place 4 CY 14. Furnish and Install Non -woven filter Fabric for Rock Gully complete and in place 20 SY Z. cs c L o�` -12 15. Construct Grouted Rip Rap complete and in place 125 SF Z Y.- vo 3 16. Construct PCC Pond Liner (in -kind) complete and in place 50 SF Z 3, 00 1,1 S 17. Construct PCC Pond Edge Repair per Detail 30 as shown on the plans including and not limited to subgrade preparation, fill, compaction requirements, complete and in place 30 SF 2 7- 01) iT�• v u 18. Construct Sediment / Pond Control per Detail 32 as shown on the plans including and not limited to fittings, Ductile Iron elbow, rebar trash rack, appurtenances, locating existing end of PVC pipe within Talbert Lake, complete and in place 1 LS _2, o175, co 2 f 7S. c.0 19• Relocate Existing Storage Bin 1 EA 20• Furnish and Install MP Rotator Sprays complete and in place 20 EA 2 3. 21. Furnish and Install 1-20 Rotors complete and in place 8 EA 3 Y. To 22. Furnish and Install Irrigation Mainline / POC complete and in place 13 LF ►1. 5'0 23• Furnish and Install. Non Pressure Lateral Line 3.S y7, Z v Pipe complete and in place 782 LF �� v 24• Furnish and Install Quick Coupling Valve complete and in place 1 EA 3 4 S , cc 3 4 s. oa C-2.2 SECTION C PROJECT BID SCHEDULE Item Total No. Description Quantity Unit Unit Cost Cost 25. Furnish and Install Gate Valve complete and in place 1 EA 'ST" c-0 26. Furnish and Install Remote Control Valve (including wire to existing controller) complete 2 EA'�2 Sa j 7ZS; vo 27- Furnish and Install Wire & Pipe Sleeves complete and in place 55 LF 11, S"o 28• Soil Preparation / Fine Grading as called out on the plans, specification and as directed by the ��< 3' Engineer 9,598 SF U • 3 S 29- Furnish and Install 1 Gal. Shrub at 18-inches on -. 2 7 7 � o center complete and in place 198 SF 1 S-C, 30. Furnish and Install 5 Gal. Shrub complete and in place 114 EA 23. v 2 C2Z , 31- Furnish and Install 15 Gal. Shrub complete and 16 EA l 3 ye, ``o in place fv . z s 32. Furnish and Install 15 Gal. Tree complete and in place 24 EA 112, co 33. Furnish and Install 24-inch Box Tree complete and in place 3 EA 3 2 z . o o `� �� oo 34. Furnish and Install Meadow Grass Mix (4" Pots) complete and in place 5,040 SF co 35. Furnish and Install Seeded Lawn complete and in place 1,696 SF I YS ct S y: zv 36. Furnish and Install 2-inch Organic Mulch �• / S, � 7 o complete and in place 60 CY 67 G. z 5- 37. 90 Day Post Construction Maintenance 1 LS y 3 5"y , gc, 3s- r . 8c TOTAL BID AMOUNT (IN FIGURES) $ 131, 3.4U TOTAL IBID AMOUNT IN WORDS: /// ) Notes: All extensions of unit prices will be subject to verification by AGENCY. In case of a discrepancy between the unit price and the extension, the unit price will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-2.3 u c) 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 M 0.000, whichever is Bremer, and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class 'j-t,,O NO Cv,-I.TA Ve i ro4- , L.-?C- l� � t� '-_ _ '} 7 A By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on , at I'r✓ole— , C/9 Date City State Yaa/ L Q✓ofnov' , beifirst duly sworn, deposes and says that he or she is heyde4 of 11"Ina &,VePr, I-Ac. 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. (5-IX1611°')0 x%v;14li' 114C. Name of Bidder S' nature of Bidder �{ / 2fG7 J/rG�C/)-T,n drive f't, .G rV 64 9%!/Z Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CENTRAL, PARK IRRIGATION RESERVOIR MODIFICATION, (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: i%S `l 112- C-5 Contractor rq;L r xeVO4W -, 311 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? D Yes $ No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: �S Z C-7 gv: Contractor Gem/ ze /li By PC- ��i,�p�7f Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: eaP4/-7p% AVees Bidder Name Z J (7 / i c on drive, Sv11e Business Address TrvI"e C14 72//Z City, State Zip ( qqI ) Telephone Number F7/1!n Cass ,Qs /3 e'-fv State Contractor's License No. and Class Original Date Issued OIL3jl2ol� Expiration Date The work site was inspected by XCw-1 6,e v/s,)an of our office on SIZ /'^ -, 2012- The following are persons, firms, and corporations having a principal interest in this proposal: Y"a/ /e v ana., C-s 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. CIN Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this to NOTARY PUBLIC �AT n v'- M • 611. day of NA:i ....». ARTHUR M. LAI • Commission No. 1956612 NOTARY PUBLIC CAIIFORIWA .. LOS ANGELES COUNTY 4t'� 1 7 1 1 -- 7 My Cann. Exbes OCTOM 15. 2016 NOTARYSEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency Name and Telephone No. of Project Manager: T.0In er Ale,+V 200 Lit Contract Amount Type of Work Date Completed 2. (favNl7 a( Oro-f e . Name andfAddress of Public Name and Telephone No. of Project Manager: FIOV I10 de Ao,-o r t- -71� yj.T XJ J,f' y,?, 2ov 51;le' LLJark 20il Contract Amount Type of Work Date Completed /f Name and Address of Public Agency Name and Telephone No. of Project Manager: Seery 2 7/, ov,) Contract Amount Type of Work C-9 to Completed J AI Document 31 OTM -2010 Bid Bond CONTRACTOR: Gamma Builders, Inc. SURETY: American Safety Casualty Insurance Company (Name, legal status and address) (Nance, legal status and principal place 2967 Michelson Drive Suite G-710 Irvine, CA 92612 OWNER: City of Huntington Beach (Vame, legal status and address) 2000 Main Street Huntington Beach, CA 92648 of business) 100 Galleria Parkway, S.E. Suite 700 Atlanta, GA 30339 BOND AMOUNT: p TEN PERCENT (10%) of Total Amount Bid PROJECT: Central Park Irrigation Reservoir Modification (Vance, location or address, and Project number, f f any) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Project Number, if any: CC No. CC-1382 The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terns of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract iNzth 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. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory, or other legal requirement shall be deemed incorporated herein. Wher so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 7th day of May, 2012 Gamma Builders, Inc. )✓c, l'l l!r'� (Print al) (Seal) 011 itness) { y7 -d' (Titik) American Safety Casualty Insurance Company (Seal) PlViMess),Christine Maestas, V.P. Surety Operations (Title) Ed Hackett, Attorney in Fact AIA Document A3101m —2010. Copyright C 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange MAY 0 7 2012 Oil personally appeared _ before me, Ed Hackett C. Maestas (Were insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(-&) whose name(-&) iS/-ai'-e Subscribed to the within instrument and acknowledged to me that he/al-leMiey executed the same in his,lhetA-heir authorized capacity(ies), and that by his/her/tl3en 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. III WITNESS my han.-d. and official seal Signa c oF\lot, ry Public IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIL C. MAESTAS W Commission # 1945424 Notary Public - California Orange County _ My Comm. Expires Jul 24, 2015 �n(f1181'i✓•Su�I+HlUnunuumummuumuuminmuuunlununnm ADDITIONAL OPTIONAL INFORtMATION DESCRIPTION OF TI-IE ATTACHED DOCUMENT (Title or description of attached document) (Title or(Icscription unattached document continued) Number of Pages Document Date MAY 0 7 20' (Additional intbrmation) CAPACITY CLAIMED BY THE SIGNER a Individual (s) a Corporate Officer (Title) Partner(s) X Attorney -in -Fact a Trtistee(s) • Other INSTRUCTIONS FOR COMPLETING TIIIS FORM :lip• uc•knoldet&'me7it c'omq)leted in Culilbroia most contain verbiage e etctlr as uppean•s above in the muicu.n section or a sepunur must he pruperlr c•omlVeled mud attached to dnut document. The only reception is i/' i doc•uaeut is to he recorded outride of Culybrinia. lit Such instances• a77r alternative mcknowlertgnnent rer•hiage Its migv he Printed oii Stich a docunrent So long us the verbiage dues not require the noto•v to do something that is illegal lor• a noteu:v in Calil rtiia (Le. c•ertili•ing the authuri_ed c•apticin• qJ the signer). Please check the doc•nuntemt c nirlidlvJhr proper noariul u•onht g oat! attach this.1bri n ij reyubrd State and County information must be the State and County where the document signers) personally appeared beflore the notary public for acknowledgment. Date of notarization must be the (late that the signers) personally appeared which mist also be the same dote the acknowledgment is completed. The notary public must print his or her name as it appears within his or her commission folio\icd by a comma and then your title (notary public). Print the nanu(s) of dosUnll'nt Signer(s) who personally appear at the time of notarization. Indicate the correct singular or plural corms by crossing off incorrect torms (i.e. 4tershdt+se5-* is-,4w ) or circling the correct tonns. Failure to correctly indicate this information may lead to rejection ordocument recording. The notary seal impression must be clear and photographically reproducible. Impression must not cover test or lines. If seal impression smudges, rascal ira sufficient area permits, otherwise complete a different acknowledgment form. Signature of the notary public must match the signature on file with the office of the county clerk. cat Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. cat Indicate title or type ofattachcd document, number of pages and (late. CA Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). Securely attach this document to the signed document 2008 Version C'APA v 12.10.07 800-873-9865 swww.NotaryClasses.com City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® wvvw.huntingtonbeachca.gov ®face of the City Clerk Joan L. Flynn, City Clerk July 6, 2012 Garcia Juarez Construction, Inc. P. O. Box 309 Brea, CA 92822-0309 RE: CC-1382 — Central Park Irrigation Reservoir Modification Enclosed please find your original bid bond for CC-1382. Sincerely, JF: pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand r P.O.f 309 •, 00 1 c i " l, . City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Project: Central Park Irrigation Reservoir Modification (CC1382) Bid Date: May 10, 2012 @ 2:OOPM SECTION C PROPOSAL for the construction of CENTRAL PARK IRRIGATION RESERVOIR MODIFICATION from 17562 Goldenwest Street CC No. CC-1382 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 60 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 P,>,d %,,J in the amount of $ /69o 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 SECTION C PROJECT BID SCHEDULE PROJECT BID SCHEDULE CENTRAL PARK IRRIGATION RESERVOIR MODIFICATION CC No. 1382 BID ITEMS Item Total No. Description Quantity Unit Unit Cost Cost 1. Mobilization / Demobilization 1 LS /0000, -- 2. Traffic Control Plan and Traffic Control 1 LS l dBo• -" %®ov — 3. Clearing and Grubbing 1 LS /D,p,o,p, 4. Import and place Unclassified Fill specifically for filling the detention pond as called out on the plans including and not limited to subgrade 5'l%. — Zg,Ooa. preparation, complete and in place 520 CY 5. Furnish and Install 12-inch Gate Valve and Box per City's Standard 612 including adaptors for connection to PVC pipe complete and in place 1 EA 6. Furnish and Install 12-inch Diameter SCH 40 PVC Pipe including and not limited fittings, elbows, appurtenances, connection to existing pipe and connection to proposed 12-inch Gate Valve complete and in place 60 LF zoo _ Z,00d. 7. Furnish and Install 6-inch Diameter SCH 40 PVC Pipe including and not limited to fittings, complete and in place 40 LF 8. Furnish and Install 9-inch Square Basin with Atrium Grate Drop Inlet per the project plans including and not limited to all fittings, appurtenances, subgrade preparation, 3/4-inch rock, complete and in place 1 EA 9. Furnish and Install Ductile Iron 6-inch Diameter Blind Flange per the project plans complete and in place 1 EA �(-Qo. 10. Furnish and Install Ductile Iron 12-inch Diameter Blind Flange per the project plans complete and in place 1 EA 11. Clean, Rout and Grout PCC Cracks Greater than 1/8" Width per 10 LF -Zoo. — 'zoo©. C-2.1 SECTION C PROJECT BID SCHEDULE Item Total No. Description Quantity Unit Unit Cost Cost 12. Construct Variable Height Curb and Gutter (12- inch Minimum) including and not limited to subgrade preparation, forms, complete and in 7•�- 3ZZ lace 43 LF 13. Construct 4-foot Wide by 12-inch deep Rock Gully including and not limited to subgrade minor appurtenances preparation, grading, °dO• - complete and in lace 4 CY 14. Furnish and Install Non -woven filter Fabric for Rock Gully complete and in place 20 Sy 5 0. - 1 oop. 15. Construct Grouted Rip Rap complete and in place 125 SF Z S. - 3 16. Construct PCC Pond Liner (in -kind) complete and in place 50 SF - s —45. 17. Construct PCC Pond Edge Repair per Detail 30 as shown on the plans including and not limited to subgrade preparation, fill, compaction 3�• ` q ` requirements, complete and in place 30 SF [,�� 18. Construct Sediment / Pond Control per Detail 32 as shown on the plans including and not limited to fittings, Ductile Iron elbow, rebar trash rack, appurtenances, locating existing end of PVC e- pipe within Talbert Lake, complete and in place 1 LS 19. Relocate Existing Storage Bin 1 EA Too. --- 20. Furnish and Install MP Rotator Sprays complete and in place 20 EA ZSO. �•a©o 21. Furnish and Install 1-20 Rotors complete and in place 8 EA 22• Furnish and Install Irrigation Mainline / POC complete and in place 13 LF / po. _ / 3©0• 23• Furnish and Install Non Pressure Lateral Line Pipe complete and in place 782 LF o • " 31 z-it©. 24. Furnish and Install Quick Coupling Valve complete and in place 1 EA Zoo • 7Z COO, C-2.2 SECTION C PROJECT BID SCHEDULE Item Total No. Description Quantity Unit Unit Cost Cost 25. Furnish and Install Gate Valve complete and in place 1 EA Ze:>o, — Zoo. 26. Furnish and Install Remote Control Valve (including wire to existing controller) complete 2 EA Z®mo, — po®, 27. Furnish and Install Wire & Pipe Sleeves complete and in place 55 LF Lto. 28. Soil Preparation / Fine Grading as called out on the plans, specification and as directed by the Engineer 9,598 SF 29. Furnish and Install 1 Gal. Shrub at 18-inches on 198 SF �d• " 3,9l,O center complete and in place 30. Furnish and Install 5 Gal. Shrub complete and in place 114 EA c/o. — L{ 56 0. 31. Furnish and Install 15 Gal. Shrub complete and 16 EA in place 32. Furnish and Install 15 Gal. Tree complete and in place 24 EA 33. Furnish and Install 24-inch Box Tree complete 3 EA o® '?00. — and in place -- 34. Furnish and Install Meadow Grass Mix (4" Pots) SF 1 7o 4fa. complete and in place 5,040 — 35. Furnish and Install Seeded Lawn complete and 1,696 SF ! — /��9'�• in place . 36. Furnish and Install 2-inch Organic Mulch 60 CY complete and in place 37. 90 Day Post Construction Maintenance 1 LS Z000, z©C+D. TOTAL BID AMOUNT (IN FIGURES) $ TOTAL BID AMOUNT IN WORDS: � `1Gtel'//��� �/��r7`y S/Y �►©KS4�� �ak� ��P���'eG� S' extfns`i%s o4u/nOfftp ces will be subject to verification by AGENCY. In case of a discrepancy between the unit price and the extension, the unit price will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-2.3 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 f Class of Work I Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 N®NC®LLUSI®N AFFIDAVIT TO DE EXECUTED BY BIDDEN AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on io 1a , at Per r S , ��4 ate City State -T-,vLA , being first duly sworn, deposes and says that he or she is P r--eS of Garcia Juarez Construction inn 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. Construrflon Inc Name Si P c,v:!>Cp>e tgreC-k_ Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITE' COUNCIL CITE' 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 CENTRAL, PARK IRRIGATION RESERVOIR MODIFICATION, (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: /6 Z Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUES'TIONNAIItE 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-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: S 9 / r,�s Title C-7 -UIGU W BIDDER certifies that the following information is true and correct: Garcia Juarez Construction Inc. Bidder Name P.O. Box 309 Brea, CA 9282?-03 39 Business Address City, State Zip 051) c5 7- 3 s35r Telephone Number g42, (to i A State Contractor's License No. and Class GCS ?-ooY Original Date Issued cr 31 2CG ►Z f Expiration Date The work site was inspected by our office on , 201 -7- The following are persons, firms, and corporations having a principal interest in this proposal: Garcia .Juarez Construction Inc- C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Printed or Typed Signature Subscribed and sworn to before me this /0 day of , 201 �LEON NORIEGA LOPEZ COMM. #1907501 NOTARY PUBLIC - CALOct. 9, 014 NIA RIVERSIDE COUNTY NOTARY PUBLIC My Comm. Expires Oct. 9, 2o�a NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: I. 5e-c 14 f-a-r-� a Name and Address of Public Agency ►7 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: Contract Amount Type of Work Date Completed Date Completed Date Completed C-9 Rev 4/25/12 GGARCIALUA EZ CONSTRUCTION INN Contract References Long Beach Water Department, $349,100 "28th Street Sewer" Contact: Mr. Ed Mendoza (562) 577-6560 Start: Mar'12 - Complete: In Progress Project Summary: 1325' of 15" VCP, Manholes, Paving Otay Water District, $2,316,275 "Avocado Sewer Replacement" Contact: Mr. Paul Mochel (858) 444-6804 Start: Feb'12 - Complete: In Progress Project Summary: 4487' of 15" and 8" VCP, Jack 48" casing, By-pass Pumping, Diversion Vault Los Angeles County Department of Public Works, $333,015 "Edgeridge Retaining Wall" Contact: Mr. Joel Zaragoza (626) 458-4973 Start: Jan ' 12 - Complete: Mar ' 12 (on time) Project Summary: Construct 153 LF Retaining Wall, Drive Soldier Piles County of Orange, $821,349 "Lewis Channel" Contact: Mr. Kevin Oxford (714) 448-6622 Start: Oct "I I - Complete: Mar ' 12 (on time) Project Summary: Place 679' of 9' X T RCB, Flap Gates, Fencing City of Inglewood, $121,616 "Storm Drain Improvements" Contact: Mr. Mr. Anthony Watson (310) 412-5189 Start: Jan ' 12 - Complete: Feb ' 12 (on time) Project Summary: Numerous Storm Drain Point Repairs Los Angeles County Department of Public Works, $185,537 "226th Street Bridge" Contact: Mr. Jimmy Shadab (310) 467-6181 Start: Nov ' 11 - Complete: Jan ' 12 (on time) Project Summary: Demolition of 240' foot bridge, AC Paving City of Santa Ana, $1,239,559 "Santa Clara Water/Sewer" Contact: Mr. Orlando Garcia (714) 615-0882 Start: Jun 'I I - Complete: Jan ' 12 (on time) Project Summary: 3180' of 16" DIP, 225' of 8" PVC, MH's, Pipe Bursting City of Huntington Beach, $160,243 "Water Main Extensions" Contact: Mr. David Verone (714) 334-4845 Start: Sep 'I I - Complete: Dec 'I I (on time) Project Summary: Three Extensions of 12" and 8" PVC, Fire Hydrant, Services City of Huntington Beach, $269,076 "Beach Blvd. Waterlines" Contact: Mr. Duane Wentworth (714) 536-5517 Start: Sep 'I I - Complete: Nov'l l (on time) Project Summary: 1150' of 12" PVC Waterline, Air Vac, Siphon City of Manhattan Beach, $112,666 "Sewer Main Rehab" Contact: _Mr. Gil Gamboa (310) 802-5356 Start: Aug 'I I - Complete: Dec 'I I (on time) Project Summary: 22 Sewer Point Repairs, Paving, Flat Work City of Fountain Valley, $1,202,027 "Year Two Sewer Improvements" Contact: Mr. Aaron Franklin (714) 319-2822 Start: Jun ' 1 I - Complete: Nov ' I 1 (on time) Project Summary: 3164' of 15" - 8" VCP, Paving, CIPP Rev 4/25/12 City of Rancho Palos Verdes, $199,915 "San Ramon Canyon Sewer" Contact: Mr. Alan Braatvedt (310) 525-0684 Start: Jun'11 - Complete: Jul'11 (on time) Project Summary: 630' of 8" VCP up slope, Place rip rap City of Westminster, $132,194 Contact: Mr. Tuan Pharr_ (714) 412-2554 "Brooklawn Drive Storm Drain" Start: May ' 11 - Complete: Aug ' 11 (on time) Project Summary: 200' of 36" RCP, Water Siphons, Paving City of Pasadena, $176,000 Contact: Mr. Bob Garner (626) 590-4909 Contact: Mr. George Martinez (626) 590-0810 Project Summary: 8" & 10" VCP Point Repairs "2011 Sewer Repairs" Start: Apr 'I I - Complete: Jul 'I I (on time) City of Inglewood, S245,500 "Sewer System Point Repairs" Contact: Mr. Brian Ball (310) 901-4631 Start: Apr 'I I - Complete: Jul ' 11 (on time) Project Summary: 52 Sewer point repairs with 8" & 10" VCP City of Huntington Beach, $441,828 "Gravity Sewer" Contact: Mr. Joe Dale (714) 536-5915 Start: Feb 'I I - Complete: May 'I I (on time) Project Summary: 580' of 8" PVC, Siphons, Flat Work, Paving City of Rancho Cucamonga, $6,251,874 "Hellman Avenue Storm Drain" Contact: Mr. Romeo David (909) 477-2740 #4070 Start: Aug '10 - Complete: May 'I I (on time) Project Summary: 5186of 114" to 90" RCP, Catch Basins, Paving City of Huntington Beach, $228,034 Contact: Mr. Eric Charlonne (714) 536-5430 Project Summary: Pipe Burst 12" Pipe "Garfield Waterline" Start: Jan 'I I - Complete: Feb 'I I (on time) 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: Oct ' 10 - Complete: Dec '10 (on time) Project Summary: 843' of 30" 18" RCP, Catch Basins City of Fullerton, $646,280 Contact: Mr. Noah Hernandez (714) 606-4336 Project Summary: 2800' of water/sewer, AC Paving City of Fullerton, $1,552,871 Contact: Mr. Pete Acosta (714) 732-9060 Project Summary: 550W of 8" VCP, AC Paving "Lois Lane Water/ Sewer" Start: Jul ' 10 - Complete: Nov ' 10 (on time) "Drake/Brea Creek Sewer Improvements" Start: Apr '10 - Complete: Sep '10 (on time) Rev 4/25/12 City of San Clemente, $504,874 Contact: Mr. Greg Deist (949) 337-3139 Project Summary: 3500' of 10" & 8" PVC, Services City of Huntington Beach, $864,834 Contact: Mr. Eric Charlonne (714) 536-5430 Contact: Mr. Duane Wentworth (714) 536-5517 "Del Cabo Waterline Improvements" Start: Mar ' 10 - Complete: Jun ' 10 (on time) "Blufftop Beach Improvements" Start: Dec '09 - Complete: Jul ' 10 (on time) Project Summary: 9000' of 3" PVC, Retaining Walls, AC Bike Path Helix Water District, $809,014 "Pipeline Project 1818" Contact: Mr. Jim Tomasulo (619) 596-1317 Start: Dec '09 - Complete: Jun'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 Contact: Mr. Mario Soto (310) 628-2695 Project Summary: 1080' of 8" DIP, Street Overlay "Waldorf Watermain" Start: Feb ' 10 - Complete: Mar ' 10 (on time) City of Huntington Beach, $745,801 "Bayview Drive Watermain Replacement" Contact: Mr. Ruben Rosales (714) 318-4811 Start: Oct '09 - Complete: Mar ' 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: Aug '09 - Complete: Feb'10 (on time) Contact: Bob Kellison (714) 593-4601 Project Summary: 3117' of 24" CML & C Steel Pipe, AC Paving City of Fullerton, $567,760 "Carhart Storm Drain" Contact: Mr. Eric Villagracia (714) 738-6853 Start: Aug '09 - Complete: Oct'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: Jul'09 - Complete: Nov'09 (on time) Project Summary: 1435' of 6" DI Pipe, AC Paving, Pressure Relief Station City of Highland, $755,246 "Warm Creek Storm Drain" Contact: Mr. George Herold (909) 234-1001 Start: Jun '09 - Complete: Sep '09 (on time) Project Summary: 301 F of 48" to 18" RCP, Manholes, Catch Basins, AC Paving City of Fullerton, $1,266,873 "Gregory/Chapman Area Sewer" Contact: Mr. Pete Acosta (714) 732-9060 Start: Apr '09 - Complete: Sep '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 "Los Cerritos Drainage System" Contact: Mr. Victor Bermudez (626) 688-8275 Start: May '09 - Complete: Jun '09 (on time) Project Summary: Restoration and Repair of Existing Concrete Channel Rev 4/25/12 RY Engineering, $207,466 "Will Rogers State Park" Contact: Mr. Raffie Yeremian (818) 480-8966 Start: Feb '09 - Complete: May '09 (on time) Project Summary: Exterior Fire System, 500' of 6" PVC RY Engineering, $298,000 "Arbor Terrace Apartments" Contact: Mr. Raffle Yeremian (818) 480-8966 Start: Dec. '09 - Complete: Feb '09 (on time) Project Summary: 818' of 12" PVC, Services, Reinforced Storm Drain Structure, Sewer Main Golden Rain Foundation, $257,495 Contact: Mr. Kevin Black (562) 431-6586 Project Summary: AC Paving, Flat Work "Trust Street Paving Program" Start: Oct '08 - Complete: Jan '09 (on time) City of Fullerton, $1,586,838 "Carhart Area Sewer" Contact: Mr. Noah Hernandez (714) 606-4336 Start: Feb '09 - Complete: Jun '09 (on time) Project Summary: 7767' of 8" VCP, 2600 TNS of AC Paving, 34l' of Pipe Bursting Los Angeles County Dept. of Public Works, $339,180 "Mountain Avenue" Contact: Mr. Leo Lopez (626) 607-7579 Start: Mar '09 — Complete: Apr '09 (on time) Project Summary: 1650 TNS of AC Paving, Flatwork City of Anaheim, $392,018 "La Palma Sewer Improvements" Contact: Mr. Greg Solberg (714) 231-4696 Start: Nov '08 - Complete: Mar'09 (on time) Project Summary: 972' of 12" VCP, OCSD Manhole, Paving Los Angeles County Dept. of Public Works, $1,773,356 "Puddingstone Dam Waterline" Contact: Mr. Jose Ontiveros (626) 476-4894 Start: Oct'08 - Complete: Apr '09 (on time) Project Summary: 6000' of 10" and 6" Fusion Bonded Steel Pipe City of Anaheim, $572,821 "Citron Avenue Sewer" Contact: Mr. Sean Razmy (714) 765-5059 Start: Dec '08 — Complete: Feb '08 (on time) Contact: Mr. Dave Elseroad (714) 765-5293 Project Summary: 2100' of 12" and 10" VCP, 90, OOOSF of AC Paving Los Angeles County Dept. of Public Works, $229,914 "Choisser Street Drain" Contact: Mr. Victor Bermudez (626) 688-8275 Start: Sep '08 - Complete: Oct '08 (on time) Project Summary: 405' of Pre -cast Box and Elliptical RCP, Transition Structures Los Angeles County Dept. of Public Works, $821,465 "Elford Drain and CDR 524" Contact: Mr. Jose Ontiveros (626) 476-4894 Start: Aug '08 - Complete: Sep '08 (on time) Project Summary2450' 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: Jul '08 — Complete: Sep '08 (on time) Project Summary: 1208' of 48" and 30" RCP, Manholes, Catch Basins, AC Paving Rev 4/25112 Orange County Water District $68,000 Contact: Mr. Chris Olsen (714) 514-9028 Project Summary: 200' of 36" CML &C Steel Pipe "Burris Pipeline" Start: Jul '08 - Complete: Aug'08 (on time) City of Tustin $384,104 "Sycamore Avenue Storm Drain" Contact: Mr. Tom Murphy (714) 573-3167 Start: Jun '08 - Complete: Aug '08 (on time) Contact: Mr. Terry Lutz (714) 573-3263 Project Summary: 628' of 30" and 24" RCP, 205' of 8" DIP, Street Replacement Inland Empire Utilities Agency, $1,036,060 "Etiwanda Recycled Waterline" Contact: Mr. Mike Long (909) 773-2610 Start: Apr '08 - Complete: Jul '08 (on time) Project Summary: 1768` of 42" CML&C Steel Pipe, Paving, Testing City of Anaheim, $2,153,755 "Anaheim Hills Road Transmission Main" Contact: Mr. Manny Briones (949) 466-6701 Start: Jan'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 City of Ontario, $1,533,759 "Recycled Water Pipeline Project" Contact: Mr. Fernando Cobos (909) 395-2695 Start: Feb '08 —Complete: Aug'08 (on time) Project Summary: 8003' of 12" and 8" Steel and PVC Pipe, AC Paving City of Rancho Palos Verdes, $102,259 "Point Vincent Trail Repair Project" Contact: Ms. Bindu Vaish (310) 544-5254 Start: May '08 - Complete: Jul '08 (on time) Project Summary: Rehabilitate Trail and Handrail Along Slope City of Anaheim, $1,020,260 "Lincoln Avenue Sewer" Contact: Mr. Jay Kalan (714) 369-2081 Start: Jun '07 - Complete: Sep '07 (on time) Contact: Mr. Sean Razmy (714) 765-5059 Project Summary: 3255' of 15" and 10" VCP, Manholes, Paving Los Angeles County Dept. of Public Works, $174,074 "CMP Replacement Project" Contact: Mr. Jose Ontiveros (626) 4764894 Start: Aug '07 - Complete: Sep '07 (on time) Project Summary: 595' of 24" and 18" RCP, Catch Basins, Paving City of Rosemead, $749,507 "Street, Storm Drain, and Street Lighting" Contact: Mr. Tom Harbour (417) 770-2898 Start: Mar '07 - Complete: Jun '07 (on time) Project Summary: 801' of 24" RCP, 876' of Street Lighting Conduit, Street Replacement City of Rancho Palos Verdes, $399,234 "Forrestal Swale Drainage Improvements" Contact: Ms. Bindu Vaish (310) 544-5254 Start: Dec '06 - Complete: Feb '07 (on time) Contact: Mr. Jim Pugh (805) 602-0891 Project Summary: 350' of 24" HDPE Pipe, Pipe Anchors, Slope Rehablilitation County of Orange, $6,168,750 "O'Neill Park Sewer Conversion" Contact: Mr. Rick Allen (714) 448-8552 Start: Oct '06 - Dec '07 (on time) Project Summary: 12,594' of 8" PVC and DIP, T-lock Manholes, Wet Well Lift Station ($835K) Rev 4/25/12 City of Huntington Beach, $4,638,222 "OC-9 Water Transmission Main" Contact: Mr. Mike Hitt (714) 292-2140 Start: Dec'05 - Complete: Mar '07 (on time) Project Summary: 12,152' of 24" DIP, Siphons, Blow -offs, Air -Vacs Los Angeles County Dept. of Public Works, $455,581 "Ditman Avenue Storm Drain" Contact: Mr. Johnny Oghoorian (626) 607-7587 Start: Jan '07 - Complete: Feb '07 (on time) Project Summary: 926' of 48" and 24" RCP, Catch Basins, Manholes, Paving City of Fullerton, $1,987,032 "Lemon — Rosslynn Sewer" Contacts: Mr. Eliseo Bravo (714) 932-7506 Start: Jul '06 - Complete: Oct '06 (on time) Contacts: Mr. Murdock Miralaie (714) 595-6720 Project Summary: 5537' of 21" and 8" VCP, Manholes, Jack 42" Casing, Paving Western Municipal Water District, $475,594 "Wood Road Irrigation Pipeline" Contact: Mr. Greg Alexander (951) 712-6566 Start: Dec '05 - Complete: Jan '06 (on time) Project Summary: 2888' of 12" PVC, Blow -offs, Air -Vacs, Paving Golden Rain Foundation, $139,265 "Perimeter Wall Project, Section G&H" Contact: Mr. Carlos Martinez (562) 431-6586 (4371) Start: Dec '05 - Complete: Jan '06 (on time) Project Summary: 3127' of Perimeter Block Wall Los Angeles County Dept. of Public Works, $2,147,168 "Kenneth Hahn Storm Drain" Contact: Mr. Mark Bruschaber (818) 370-3881 Start: Nov '05 - Complete: Jul '06 (on time) Project Summary: 461' of Tunnel for 60" RGRCP, Jack 432' of 42" RGRCP, Soil Remediation City of Huntington Beach, $230,865 "Residential Storm Drain" Contact: Mr. Jeff Gibbons (714) 401-5008 Start: Sep '06 - Complete: Oct '06 (on time) Project Summary: Flat Work, Paving, Cross Gutters, Ped Ramps City of San Clemente, $1,066,744 "Calle Las Bolas Storm Drain" Contact: Mr. Gary Voborsky (949) 279-9730 Start: May '05 - Complete: Aug '05 (on time) Project Summary: 2148' of RCP, 1369' of 8" PVC (Water), Catch Basins, Manholes, Paving Los Angeles County Dept. of Public Works, $493,082 "112`h Street Replacement" Contact: Mr. Joe Baker (562) 405-5715 Start: Aug '05 - Complete: Sep '05 (on time) Project Summary: Street Replacement, Flat Work, AC Paving City of Palos Verdes Estates, $77,500 "Beach Club Access Retaining Wall" Contact: Mr. Jim Pugh (805) 602-0891 Start: Sep '05 - Complete: Oct '05 (on time) Project Summary: Reinforced Concrete Piles for Retaining Wall County of Orange, $189,479 "Federal Storm Channel" Contact: Mr. Rick Allen (714) 448-8552 Start: Nov '05 - Complete: Nov '05 (on time) Project Summary: Reinforced PCC Channel Lining Los Angeles County Dept. of Public Works, $179,915 "Private Drain 996 (Victoria St.)" Contact: Mr. Rene Bracamontes (310) 487-9254 Start: Jun '05 - Complete: Jul '05 (on time) Project Summary: 6'W X 24"H DBL RCB Channel, Transition Structure The Guarantee Company of North America USA 25800 Northwestern Highway, Suite 720, Southfield,M 148075 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,i n the sum of Ten Percent of Amount Bid 10% ) Dollars for the paymento f which Principal and Surety bind ourselves, our heirs, executors, administrators,su ccessors and assigns, jointly and severally. WHEREAS, Principal has submitted a bid for Central Park Irrigation Reservoir Modification ,t he Project. NOWJ HEREFORE, if the Obligee accepts the bid of the Principal and the Principal enters into a Contract with the Obligee for the Project;o r, 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 (Witness) 17th day of April r BY: ITS: 2012 nstruction; Inc. Principal The Guarantee Compan of North America USA BY: William Syr kn Attorney -In -Fact uxyr F�xL��..�S.r�. ?v')S',c�>,.•�. �Y'��..s��..gS,� �.�C!7�.,s�.�1 .: �5 v..ii State of California County of Riverside On 1��� .2 a r �— 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 s RIVERSIDE COUNTY My Comm. Expires Oct. 9, 2014 �4 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 ha/shelter executed the same in his/ authorized capacity(ies), and that by his/heFA4& 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 an o cial seal. Signature natur 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 • u Trustee Top of thumb here Guardian or Conservator E, Other: Signer Is Representing: Garcia Juarez Construction, Inc. Number of Pages: Signer's Name: Individual ❑ Corporate Officer — Title(s): _ Partner — ❑ Limited ❑ General 17— Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: RIGHSTNUMB,PEbNT . OF,SIGNER ._ lop ot tnumo here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 • www.NatMaiNotaryorg Item #5907 Reorder: Call Toll -Free 14300-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 4/17/2012 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 z c : sae Notary Public - California v Z ' Orange County 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 heisl9eyHleq executed the same in his/be4e4 authorized capacity(fes), and that by his/hoW4helF 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 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (,e - Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 4/17/2012 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: One (1) Signer's Name: William Syrkin Signer's Name: Individual ❑ Individual Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): Partner — CI Limited ❑ General n Partner — ❑ Limited ❑ General 0 Attorney in Fact _ Top of thumb here ❑ Attorney in Fact ° Top of thumb here l Trustee ❑ Trustee J Guardian or Conservator D' Guardian or Conservator Other: O 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.NationaiNotaryorg Item #5907 Reorder: Cali 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 attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory 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 Attomey-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. 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 Attomey-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 6th day of December 2011, 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. a*"roo 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 23rd day of February, 2012. M THE GUARANTEE COMPANY OF NORTH AMERICA USA y J p� r "kAh4tiA� STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 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 Cynthia A. Takai Notary Public, State of Michigan County of Oakland -IFIZ My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. 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 17th day of April 2012 "`A'"! Randall Musselman, Secretary City ®f Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk July 6, 2012 Green Giant Landscape, Inc. 941-A Macy St. La Habra, CA 90631 RE: CC-1382 — Central Park Irrigation Reservoir Modification Enclosed please find your original bid bond for CC-1382. Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand W. WIWA SECTION C PROPOSAL for the construction of CENTRAL PARK IRRIGATION RESERVOIR MODIFICATION from 17562 Goldenwest Street CC No. CC-1382 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 60 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 �d (A ����� in the amount of $ f0 dfo 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 SECTION C PROJECT BID SCHEDULE PROJECT BID SCHEDULE CENTRAL PARK IRRIGATION RESERVOIR MODIFICATION CC No. 1382 BID ITEMS Item Total No. Description Quantity Unit Unit Cost Cost 1. Mobilization / Demobilization 1 LS fb Coo" I 2. Traffic Control Plan and Traffic Control 1 LS 4s&L L4" 160 3. Clearingand Grubbing1 LS 2'5n, U /&z5"o 4. Import and place Unclassified Fill specifically for filling the detention pond as called out on the plans including and not limited to subgrade 3L'� o 0 ff � 660 preparation, complete and in lace 520 CY 1 5. Furnish and Install 12-inch Gate Valve and Box per City's Standard 612 including adaptors for �® (va®A 0c>u connection to PVC pipe complete and in place 1 EA 6. Furnish and Install 12-inch Diameter SCH 40 PVC Pipe including and not limited fittings, elbows, appurtenances, connection to existing pipe and connection to proposed 12-inch Gate $Z -3 Valve complete and in place 60 LF 0 . 00 7. Furnish and Install 6-inch Diameter SCH 40 PVC Pipe including and not limited to fittings, complete and in place 40 LF 8. Furnish and Install 9-inch Square Basin with Atrium Grate Drop Inlet per the project plans including and not limited to all fittings, appurtenances, subgrade preparation, 3/-inch !66° 50op rock, complete and in place 1 EA 9. Furnish and Install Ductile Iron 6-inch Diameter Blind Flange per the project plans complete and ©,� '27000, o; 'ZO in place . 1 EA 10. Furnish and Install Ductile Iron 12-inch Diameter Blind Flange per the project plans complete and 04 Zy610 in place 1 EA 11. Clean, Rout and Grout PCC Cracks Greater LF Q %00. Q� ODd ' than 1/8" Width per 10 2� 0 ,d C-2.1 SECTION C PROJECT DID SCHEDULE Item Total No. Description Quantity Unit Unit Cost Cost 12. Construct Variable Height Curb and Gutter (12- inch Minimum) including and not limited to subgrade preparation, forms, complete and in 55 p o 0 6o place 43 LF 13. Construct 4-foot Wide by 12-inch deep Rock Gully including and not limited to subgrade preparation, minor grading, appurtenances 0o ����o� complete and in lace 4 CY 14. Furnish and Install Non -woven filter Fabric for Rock Gully complete and in place 20 Sy 15. Construct Grouted Rip Rap complete and in place 125 SF 16. Construct PCC Pond Liner (in -kind) complete and in place 50 SF :30 _ 17. Construct PCC Pond Edge Repair per Detail 30 as shown on the plans including and not limited to subgrade preparation, fill, compaction requirements, complete and in place 30 SF 18. Construct Sediment / Pond Control per Detail 32 as shown on the plans including and not limited to fittings, Ductile Iron elbow, rebar trash rack, appurtenances, locating existing end of PVC 0" pipe within Talbert Lake, complete and in place 1 LS `eOb } DC)06 19• Relocate Existing Storage Bin 1 EA,i'�L)S()o =' 20. Furnish and Install MP Rotator Sprays complete 20 EA 25 b-3 5 0-0 and in place 21. Furnish and Install 1-20 Rotors complete and in 01) place 8 EA l oo. L-) 22. Furnish and Install Irrigation Mainline / POC 13 LF complete and in place 23. Furnish and Install Non Pressure Lateral Line Pipe complete and in place 782 LF Lp � t `� 24. Furnish and Install Quick Coupling Valve 1 EA , , / �j a'(j complete and in place .� s6 C-2.2 SECTION C PROJECT BID SCHEDULE Item Total No. Description Quantity Unit Unit Cost Cost 25. Furnish and Install Gate Valve complete and in 1 EA ® ✓ 00,�' place 26. Furnish and Install Remote Control Valve 2 EA LJ Ob °' 70() (including wire to existing controller) complete try, 27. Furnish and Install Wire & Pipe Sleeves complete and in place 55 LF 7, 715-0 28. Soil Preparation / Fine Grading as called out on the plans, specification and as directed by the Engineer 9,598 SF 29. Furnish and Install 1 Gal. Shrub at 18-inches on 198 SF (� � center complete and in place �. 30. Furnish and Install 5 Gal. Shrub complete and in 114 EA place 31. Furnish and Install 15 Gal. Shrub complete and 16 EA ©) in place 32• Furnish and Install 15 Gal. Tree complete and in 24 EA J .75-11oc" L.`2Zd.d place 33. Furnish and Install 24-inch Box Tree complete and in place 3 EA 25700 75- 0,0 34. Furnish and Install Meadow Grass Mix (4" Pots) 5,040 SF /r�� %-A 0, complete and in place 35. Furnish and Install Seeded Lawn complete and 1,696 SF `J G Ll in place a 36. Furnish and Install 2-inch Organic Mulch 60 CY j j� Cb0, complete and in place 37. 90 Day Post Construction Maintenance 1 LS ` ow, I ob o )) TOTAL BID AMOUNT (IN FIGURES) $11 TOTAL BID AMOUNT IN WORDS: riod,mmAti,fYV(/j aw;l / "//6D Notes: All extensions of unit prices will be subject to verification by AGENCY. In case of a discrepancy between the unit price and the extension, the unit price will govern. The AGENCY reserves the right to reject any or all proposals and bid items. W Eal rt, :1a C-2.3 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 J By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 5 tat LG HzG>���. ey+ Date City State 7Cr)1 I- 1'�G'[,Q�✓ ;�,rY� , beird first 1 ftsays that he or she is of reeYl1�� 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. Green Giant Landscape, Inc- a me of Bidder Signature of er 0(4 I A /1'166Sf . Liz i�'�;&A L� Address of Bidder L'l0& C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CENTRAL PARK IRRIGATION RESERVOIR MODIFICATION, (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: 5 I I 2/ Green Giant Landscape, Inc. Lontractor, By Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes )(No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: -3 1 Green Giant Landscape, Inc. Contractor By Title C-7 R IJ 11WAIN 1130111 H BIDDER certifies that the following information is true and correct: Green Giant Landscape, Inc. Bidder Name 1% tfl - A ls� " Business Address �-Cu a i ?� City, State Zip &90 Telephone Number State Contractor's License f*4o. and Class Original Date Issued 3►_1q Expiration Date The work site was inspected by I�11� t�"`YIC +%`SA' -.-pf our office on C � a� , 201 The following are persons, firms, and corporations having a principal interest in this proposal: C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Green Giant Landscape, Inc.,, - --- Doi Printed or Typed Signature Subscribed and sworn to before me this 1P day of V't10j' _ , 2011- ROSIE TOLEDO COMM. # 1913342 Z' Z °gym = NOi"ARY PUBLIC -CALIFORNIA � LO5 ANGELES COUNTY ' My Comm. Expires Nov. 15, 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: /; 1. 1 (Q �s f �,� ilI Y►�' i�%t/L/ C� 'h� sc u,��,, . C. Name and Address of Public Agency It 1-70 2 Name and Telephone No. of Project Manager: V1 iVe-331 �7 $Loz Ono — ) ' X / Q Contract Amount Type of Work Date Completed Pk zc� �p , , Name and Address of Public Agency Name and Telephone No. of Project Manager: '���iG ���1r(,%i''(✓� 3 (� Contract Amount Type of Work Date Completed 3. � t ��' � �' C Li l ��L ��� it) ,, e : Name and Address of Public Agency Name and Telephone No. of Project Manager: u(y l� a S So t0. S �� VI C� (� � ��✓'ti (T 60U �IS��Uj le✓if►cfG,d��ra�l Contract Amount Type of Work Date Completed C-9 AIA DOCUMENT A31 OTm - 2010 BID BOND Any singular reference to Contractor,. Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR {Name, legal status and address): Green Giant Landscape, Inc. 941-A Macy St., La Habra,.CA 90631 OWNER (Name, legal status and address): Citv of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 BOND AMOUNT: Ten percent (10%) of the total amount of the bid PROJECT: (Name, location or address, and Project number, if any) Central Park Irrigation Reservoir Nlodification RFP 9 CC1382 SURETY (Name, legal status and principal place of business): Philadelphia Indemnity Insurance Company 2600 West Olive Ave., 5th Floor, Burbank, CA 91505 The Contractor and Surety are bound to the. Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner 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. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to. be Subcontractor and the term Owner shall be deemed to be Contractor. Printed in cooperation with the American Institute of Architects (AAA) The language in this document conforms to the language used in AJA Document A310-- 2010. Men this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this IOth day of May 2012. (Ltrtness) (Witness) Green Giant Landscape, Inc. (Principal) (Corporat Se ) (TPle) Philadelphia Indemnity Insurance Company (Surety) (Corporate Seal) _ (Attomey-in-Fact Matthew J. Cu-ms Printed in cooperation veith the American Institute of Architects (AIA) The language to this document conforms to the language used in A1A Document A310 7m- 2010. ) is 2 _ ,•,, 11 s State of California County of Orange On MAY 10 2012 before me, Adelaide C. Hunter, Notary Public (insert naive and title of the officer) personally appeared Matthew J. Coats who provcd to me on the basis of satisfactory cvidcncc to be the personfo whosc name(s) is/arc subscribed to the within instrument and acknowledged to me that h&shcA4m7 executed the same in his7q=rAdcir authorized capacity(ies), and that by hisAwrAfmir signatures) on the instrument the personfs), 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 ADELAIDE C. HUNTER i; Commission # 1�08793 Pdc�ta;y Public ornia Z M'y G?^�r:. Expit s F;aag ?, 20 i2 : PHILADELPHIA INSURANCE COMPANIES A Member of the'rokin Marine Group PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: Linda D. Coats & Matthew J. Coats 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 of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I Ii° day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(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 Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attomey 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, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 1 Sn' DAY OF JULY, 2011. NITY Q aR4ORAi,S, SG� �a�•: vZ a6-• a�Nh'SYLVaN'4 •p' President ul Christopher J. Maguire President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. On this 18 " day of July 2011, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY 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. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kimberly A. Kessleski, Notary P Lower Marion Twp., Montgomery My Commission Expires Dec. 18.k] Member, Pennsylvania AsaocAauon of Notaries L of I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 1871' day of July 2011 are true and correct and are still in full force and effect I do further certify that Christopher J. Maguire, 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 PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 1 Oth day of N1ay 20 12. CraigP. Keller Executive Vice President, Chief Financial Officer & Secretary State of California County of On 5I�®/�7i- before me, (He name and title the officer) personally appeared 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 certifyunder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ROSIE TOLEDO COMM. # 1913342 z WITNESS my han�d� vial seal. z = NOTARY PUBLIC - CALIFORNIAr- LOS ANGELES COUNTY f My Ccmoli, Expires Nov. 15, 2014 f' gigna of No Public 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 CLAMED BY THE SIGNER . ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v 12.10.07 800-873-9865 www.NotuyClames.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only 'exception .is if a document is to be recorded outside of California. In such instances, any alternative acbrowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (Lecertifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe(dwj - is /are ) or circling the correct fors. Failure to correctly indicate this information may lead to rejection of document recording_ • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. s* Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of kwi ed document, number, of pages and date. �? Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document City ®f Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk July 6, 2012 MG Enterprises 6072 Shirley Ave. Tarzana, CA 91356 RE: CC-1382 — Central Park Irrigation Reservoir Modification Enclosed please find your original bid bond for CC-1382. Sincerely, JF:pe Enclosure Sister Cities: Anio, Japan ♦ Waitakere, New Zealand 60 "q/f C CA 77C/I -I�la �1114 0 C)( SECTION C PROPOSAL for the construction of CENTRAL PARR IRRIGATION RESERVOIR MODIFICATION from 17562 Goldenwest Street CC No. CC-1382 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 60 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 Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE PROJECT BID SCHEDULE CENTRAL PARK IRRIGATION RESERVOIR MODIFICATION CC No. 1382 BID ITEMS Item No. Description Quantity Unit Unit Cost Total Cost 1. Mobilization / Demobilization 1 LS 0voo ,200cv 2. Traffic Control Plan and Traffic Control 1 LS oco 3. Clearing and Grubbing 1 LS co t2 ((o 4. Import and place Unclassified Fill specifically for filling the detention pond as called out on the plans including and not limited to subgrade i? Z00 preparation, complete and in place 520 CY 5. Furnish and Install 12-inch Gate Valve and Box per City's Standard 612 including adaptors for connection to PVC pipe complete and in place 1 EA 3G 60 3000 6. Furnish and Install 12-inch Diameter SCH 40 PVC Pipe including and not limited fittings, elbows, appurtenances, connection to existing pipe and connection to proposed 12-inch Gate 30 4c p Valve complete and in place 60 LF 7. Furnish and Install 6-inch Diameter SCH 40 PVC Pipe including and not limited to fittings, 02 complete and in place 40 LF 8. Furnish and Install 9-inch Square Basin with Atrium Grate Drop Inlet per the project plans including and not limited to all fittings, appurtenances, subgrade preparation, %-inch 50 0 y' O S rock, complete and in place 1 EA 9. Furnish and Install Ductile Iron 6-inch Diameter Blind Flange per the project plans complete and p SQ O in place 1 EA 10. Furnish and Install Ductile Iron 12-inch Diameter Blind Flange per the project plans complete and Y©0 5-00 in place 1 EA 11. Clean, Rout and Grout PCC Cracks Greater than 1/8" Width per 10 LF �bU �ao4 C-2.1 SECTION C PROJECT BID SCHEDULE Item Total No. Description Quantity Unit Unit Cost Cost 12. Construct Variable Height Curb and Gutter (12- inch Minimum) including and not limited to subgrade preparation, forms, complete and in % 7 2 p C place 43 LF 13. Construct 4-foot Wide by 12-inch deep Rock Gully including and not limited to subgrade preparation, minor grading, appurtenances��'� complete and in place 4 CY 14. Furnish and Install Non -woven filter Fabric for �— 0 1600 Rock Gully complete and in place 20 SY 15. Construct Grouted Rip Rap complete and in / / /z S 0 place 125 SF 16. Construct PCC Pond Liner (in -kind) complete and in place 50 SF 17. Construct PCC Pond Edge Repair per Detail 30 as shown on the plans including and not limited to subgrade preparation, fill, compaction /0C�O requirements, complete and in place 30 SF 18. Construct Sediment / Pond Control per Detail 32 as shown on the plans including and not limited to fittings, Ductile Iron elbow, rebar trash rack, 0� appurtenances, locating existing end of PVC pipe within Talbert Lake, complete and in place 1 LS 19. Relocate Existing Storage Bin 1 EA jCoe, d 6-c;O 20. Furnish and Install MP Rotator Sprays complete and in place 20 EA 21. Furnish and Install 1-20 Rotors complete and in 8 EA /0C) place 22. Furnish and Install Irrigation Mainline / POC 13 LF 'Z0 0 complete and in place 23. Furnish and Install Non Pressure Lateral Line `O 7,�'2_0 Pipe complete and in place 782 LF 24• Furnish and Install Quick Coupling Valve 1 EA® ;r- �� complete and in place C-2.2 SECTION C PROJECT BID SCHEDULE Item Total No. Description Quantity Unit Unit Cost Cost 25. Furnish and Install Gate Valve complete and in EA �-- G 0 S b C) place 1 26. Furnish and Install Remote Control Valve 500 /000 (including wire to existing controller) complete 2 EA 27. Furnish and Install Wire & Pipe Sleeves �� �o complete and in place 55 LF© 28. Soil Preparation / Fine Grading as called out on the plans, specification and as directed by the %t 1, 6 70 a Engineer 9,598 SF 29. Furnish and Install 1 Gal. Shrub at 18-inches on 198 SF center complete and in place 30. Furnish and Install 5 Gal. Shrub complete and in 114 EA Z,O Z �'C place 31. Furnish and Install 15 Gal. Shrub complete and 16 EAR C/bO in place l 32. Furnish and Install 15 Gal. Tree complete and in 24 EA 1.56 300 place 33. Furnish and Install 24-inch Box Tree complete ��%�! and in place 3 EA 34. Furnish and Install Meadow Grass Mix (4" Pots) �- ®�d complete and in place 5,040 SF J/ 35. Furnish and Install Seeded Lawn complete and in place 1,696 SF 36. Furnish and Install 2-inch Organic Mulch CY complete and in place 60 37. 90 Day Post Construction Maintenance 1 LS . coo 3 000 TOTAL BID AMOUNT (IN FIGURES) $10q TOTAL BID AMOUNT IN WORDS: 10, /fiks �11&191- .4-J Notes: All extensions of unit prices will be subject to verification by AGENCY. In case of a discrepancy between the unit price and the extension, the unit price will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-2.3 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 I I Number 11 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO DE EXECUTED 'BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the Statq of California that the foregoing is true and correct and that this declaration is executed on .S- z , at Zos A .e /#--.5 , Date ity State SAS being first duly sworn, deposes and says that he or she is of .eve 2the party making the forego ng 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 . a-,, � --4--- — Signature of Bidder C�7-2 s��� �� LAW Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CENTRAL PARK IRRIGATION RESERVOIR MODIFICATION, (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: `Z Contractor By , ,, c-, � e- Ale C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes �( No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: A e. /SCS Contractor By '�s,�/O, itle C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: j )76;1 ��/ " S Bidder Name 07-7 S ff `,eie Business Address City, State Zip clff > ram! - L/Z�?z Telephone Number C) S V 4,15 State Contractor's License Noland Class L'l /.S /6 t OriginalDate Issued s,//s///3 Expiration Date The work site was inspected by F 2 /��" of our office on / , 2012, The following are persons, firms, and corporations having a principal interest in this proposal: fXk1t2 141e�ez e;�-2224! - C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this 9 day of 201 Z-- SHANNON NINIO COMM. #1886242 NOTARY PUBLIC - CALIFORNIA ° LOS ANGELES COUNTY '<,F w�` My Comm. Expires April 17, 2014 NOTAR, PUBLIC NOTARY SEAL Listed below are names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. � or C'J'` -9 s- r 6'1(e J� c Name 4nd Address of Public Agency Name and Telephone No. of Project Manager: Xo o egr61,6 - -5-2 3 3?- sv Contract Amount Ce, 2. ce�i ,'TES (.Vte Name and Address of Public Agency V-1 of Work ,,�.4 A t ), (-,Ij A-1� Date Completed Name and Telephone No. of Project Manager: f `< 9l) -14� fq7 SDI)-,ell-10 Contract Amour Name an Address of Public Agency J f< Type of Work Name and Telephone No. of Project Manager: 6rJ Amount of Work '71 it Date Completed 14/1/ oad G4 Date Completed C-9 ku BID BOND KNOW ALL MEN BY THESE PRESENTS, that we MG Enterprises, Inc. as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, 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%) 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 Central Park Irrigation Reservoir Modification — CC No. CC-1382. 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 9th day of May, 2012. MG Enterprises, Inc. (Principal) BY: _, G SureTec Insurance Company BY: David N e, Attorney -in -Fact SureTec Bid Bond Form Rev 1.1.06 ACKNOWLEDGMENT State of California County of Los Angeles On MAY 0 9 2012 before me, Christopher John Rizzotti, Notary (insert name and title of the officer) personally appeared David Noddle 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 Signature ------------------------- - .::;;�.�: Cis^i�€",L!C10 liff lUSt1iVELE;i (a:::;:•:ii My Comm. Expires 1sn. 17, 1014 ----------------- ------------------------------------------I (Seal) POA#: 510010 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know AH. 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 David Noddle 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,.ar_y 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 20°i 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. �vNc SURETEC INS E C ANY By: } 1 a John I o Jr., resident State of Texas ss: 7� County of Harris . •- On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me 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 ?Hereto by like order. JACQUELYN MALDONADO = `. °- Notary Public, State of Texas y. T My Commission Expires facqWy aldo ado, Notary Public May 18, 2013 1y Comm Sion exNrbs May 18, 2013 I, 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 day of MAY 0 9 201 ; 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 verificatlon of the authority of this power you may tali (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.