Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
PASCAL & LUDWIG CONSTRUCTORS - 2001-10-01
�a +� City of Huntington Beach INTER-DEPARTMENT COMMMUNICATION HUNTING ON BEACH TO: THOSE LISTED HEREON FROM: Robert A. Martinez DATE: March 20, 2003 SUBJECT: Retention Release Payment Company Name: Pascal &Ludwig Constructors Address: 2049 E. Francis Street City, State and Zip Code: Ontario, CA 91761 Phone Number: (909) 947-4631 Business License Number:A208332 Exp. 9/03 Local Address: Same as above Notice of Completion Date:February 24, 2003 Contract Purpose: Release remaining 10% money to contractor from Cash Contract 1133 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 sub'ec his time. Date Robert F. Beardsley, Public Works Director I certify that there are no outstanding invoices on file. 3_4-03 Date eidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. 3L6,o 3 Date Connie Brockway ity Clerk Reten. Release Memo. 3/20/�0031�0':rl0 AM City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 - Gentlemen: The undersigned, contractor on _//33 g2lle erili� r s�iy�.yr �Sr.�ycTy,2 Project No. Title hereby certifies that all laborers, mechanics, apprentices,trainees,watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions,and that the work performed by each such laborer,mechanic, apprentice or trainee conformed to the classifications set forth in the contractor training program provisions applicable to the wage rate paid, ign pr itle 9-cc cubcont 20/Za'd 2LSZ bL2 VU, HDd�19 NOInNIINnH t7T QA s'aa7—bT—MHr DECLARATION OF SATISFACTION OF CLAIMS I, / .SC,�G �LUlr GoiY�,�vcTv2S , state: Cr9 Name o on rac or 1. I am the general contractor for the City of Huntington Beach, as to the project more fu],ly described in th public works contract entitled and dated C)CO&-K 1, r 2 . All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full . 3 . The following are either disputed claims, or .items in connection with Notices to Withhold, which have been filed under the provisions of the. statutes of the State of California: ( if none, state 'NONE" ) I declare under penalty of perjury that the foregoing is true . and correct. Executed at OA4-f74LtC! on this 2C 771 F{� day of , Si ure of ontractor 20/20'a 2LST bL2 bZL HOU39 NOiDNIlNnH PT:60 2OOZ-VT-NUf _y,._ Recorded in Official , yarn. ` P�ords, County of Orange • Toni Daly, Clerk-Recorder WHEN RECORDED MAIL TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIINO FEE CITY OF HUNTINGTON BEACH 120 67 N12 003000200322 02:31pm 02/24/03 Office of the City Clerk 0.00 0.00 0.00 0.00 P.O. Box 190—2000 Main St. 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 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 Pascal & Ludwig Constructors who was the company thereon for doing the following work to-wit: This project includes : Chlorine Containment Structure Project; CC-1133. That said work was completed November 18, 2002 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 November 18, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract Safeco Insurance Company or America was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this February 4, 2003. Director of Public Works or City Engineer 4 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 February 4, 2003. 44 Director of Public VVorlK(WbifEngineer ity of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190—2000 Main St. Huntington Beach, CA 92648 FebiO4-2003 09:13am From-PASCAL LUDWIG +9099474722 T-043 P.001/004 F-950 PASCAL & LUDWIG CONSTRUCTORS �W scac FAX COVER SHEET /�AwAll THESE DOCUMENTS ARE TRANSMITTED FROM: PASCAL & LUDWIG CONSTRUCTORS 2049 E. FRANCIS STREET, ONrARIO, CA 91761 TaEpxon;909/947-4631 FAx No.: 909/947-4722 E DATE: N COMPANY: _CTIY Dry &J/Y FAX # (�/y 37fV-/c-/...3 G ATTN: PAGE(S) I N Rmma: E �'f�Lo,�?iYF D���r�✓r� r ��i�.� r�/,P�SDeT,�"CT E R a S C 0 N S T R U C T 0 R S IlMPORTANT!! IF YOU DO NOT RECEIVE ALL PAGES. PLEASE CALM.ASAP!! THANx YOU. PASCAL & LUDWIG CONSTRUCTORS Fs't=04-2003 09:13am From-PASCAL LUDWIG +9099474722 T-043 P.002/004 F-950 Bond No. 6098643-0001 Premium:Included in Charge for Performance Bond Warranty Bond KNOW ALL MEN BY THESE PRESENTS: That_ Pascal &Ludwig Constructors as Principal, hereinafter called Principal, and, as Safeco Insurance Company of America Surety, hereinafter called Surety, are firmly bound unto City of Huntington Beach , hereinafter called obligee, in the sum of Three Hundred Seven Thousand Nine Hundred Ten and 00/100 Dollars ($307,910.00), lawful money of the United States of America, to be paid to the said Obligee or its successors or its successors or assigns to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS,Principal entered into a contract with the said Obligee dated for Chlorine Containment Structure(CC 1133) WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of One Year after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or worlananship which become apparent during the aforesaid period, then this obligation shall be void; otherwise to remain in full force and effeq-p p1� 0 TD ;S To F'pRM:1 Signed and sealed this 23rd day of January, 2003 Dery i t. Attorney ATTEST: Pascal& Ludwig Constructors Name of Principal By: (Signature) nncipal Safeco Insurance Company of America (Seal) Witness: Name of Sure B , resa I.Jac on ooney-.in-Fact Febi-04-2003 09:13am From-PASCAL LUDWIG +9099474722 T-043 P.003/004 F-950 STATE OF California SS. COUNTY OF. Orange . On January 23,2003 before me Niria Tapia, Notary Public PERSONALLYAPPEARED Teresa I.Jackson personally known to me(or 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/shehhey executed the same in his/herhheir author iW capacity(ies),and that by h"er/their tt* signature(s)on the instrument the person(s),or the entity upon behalf �M NIRIA TAPIR Ik of which the person(s)acter4 executed the instrument. 01 o Comm. ;01293351 a NOTARY PUBLIC•CALIFJr,NIAo WITNESS m hand and official seal. '' O;m Ex .F,;o. . y ff' �I.-.r-•v-�+�+�y Comm.ExP,.FAD. A, 2005.� Signature This area for Official Notarial Seal OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Warranty Bond TITLE OF TYPE OF DOCUMENT tffLem ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL One ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: January 23,2003 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME Or PERSONS)OR BNTITYPESI Safeco Insurance Company of America Pascal &Ludwig Constructors SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.5/o1) ALL-PURPOSE ACKNOWLEDGEMENT 46-04-2003 09:13am From-PASCAL LUDWIG +9099474722 T-043 P•004/004 F-950 S /� C /'� O- POWER ECO INSURANCE COMPANY OF AMERICA r f'1 EC OF ATTORNEY HOME o F CE SAFECO PLAZA COMPANYRANCE OF AMERICA SEATTLE,WASHINGTON 99185 No. 10688 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint s.aara.......rr.sa�ssrgaarsaarassa...................*TERESA I.JACKSON;Santo Ana,Catifbrf S"wsT ,........ ......rss ........... its true and lawful attomey(s)-in-fact with full authority to exacuute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each exmted and attested these presents this 14th day of Junc 14<19 k� �"&49k4 R.A.PIERSON,SECRETARY W.RANDALLSTODDARD.PRESIDENT CERTIFICATE Extract from the By-taws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V, Section 13.- FIDELITY AND SURETY`SONDS... the President, any Vice President,the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in4iac or under other appropriate titles with authority to examte on behalf of the company fidefdy and surety bonds and other documents of similar character issued by the company in the course of its business.. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On arty instrument conferring such authority or on any bond or undertaking of the Company,the seal,or a facsimile thereof,may be impressetl or affixed or in any other mariner reproduced:provided,however, that the seal shall not be necessary to the validity of any such instrument or undertaking,- Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28.1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V.Section 13 of the By-Laws,and (ii) A copy of the power-ofattomey appointment,executed pursuant thereto,and (iii) Certifying that said paver-eF attorney appointment is in full force and effect the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I, R.A, Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these Corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and afford the facsimile seal of said corporation this 23rd dayof January 200.1 COMP � �i CORPORATE SEAL SEAL. 1953 Of iuA �ep��ay R.A.PIERSON,SECRETARY S-09741SAEF 7198 ®Regtsterso trademark of SAFECO Corporation, B114/99 PDF Company Profile Page 1 of 2 AM cawarmal 049arto"Ka of Company Profile Insumnce SAFECO INSURANCE COMPANY OF AMERICA STATE FILINGS C-2 SAFECO PLAZA SEATTLE, WA 98185 800-332-3226 Former Names for Company Old Name: SELECTIVE AUTO & F INS CO AMER Effective Date: 11-02-1953 Agent for Service of Process DAWN JEWORSKI, 17570 BROOKHURST STREET FOUNTAIN VALLEY, CA 92708-4792 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 24740 NAIC Group #: 0163 California Company ID#: 1442-3 Date authorized in California: October 07, 1953 License Status: UNLIMITED-NORMAL Company Type: Property& Casualty State of Domicile: WASHINGTON Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms,please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY http://cdinswww.insurance.ca.gov/pls/wu_co_proVidb_co_prof utl.get_co_proPp_E... 2/4/2003 Company Profile Page 2 of 2 COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised-January 08,2003 06:21 PM Copyright©California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_proVidb_co_prof uti.get_co_prof?p_E... 2/4/2003 Company Profiles Page 1 of 1 AM CaWqwnl CompanyList n MR For more information on any company, click the Company Name "Info" link. To view all companies in the same group, click the NAIC group number. Company Name State of ]NAIC NAIC Group Name Domicile Number IlNumber Type SAFECO INSURANCE COMPANY OF IL 39012 0163 Legal ILLINOIS Info Name ISAFECO INSURANCE COMPANY OF PA 11215 0163 Legal PENNSYLVANlAanfoI I Name IISAFECO INSURANCE COMPANY OF WA 24740 0163 Legal AMERICAAnfo Name Records 1 to 3 New Search Last Revised-January 08,2003 08:30 PM Copyright©California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_list$co_list mc.actionquery 2/4/2003 T CITY C iUNTINGTON BEACH RLS No. 7 o� Assn To r REQUEST FOR LEGAL SERVICES S t, Gail ey Date 010 3 Date: q trtnade by: lephone: Department: 02/4/03 obert A. Martinez 5423 Public Works INSTRUCTIONS: Fil request in the City Attorne ' ffice. Outline reasons for this request and state facts necessary for City to r ease attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ❑ Opinion ❑ Stop Notice ❑ Resolution ❑ Lease ® Bond ❑ Meeting ❑ Contract/Agreement ❑ Deed ❑ Court Appearance ❑ Insurance ❑ Other: Warranty Bond Is Request for Preparation of Contract form attached? ❑ Yes ® No Are exhibits attached? ® Yes ❑ No Unless otherwise specified herein, I If not for Council action, consent to the disc) sure of the If for City Council action, desired completion date: information twined ' is RLS to all members f e y ncil. Agenda Deadline Council Meeting 2/11/03 ignature o epartment Head COMMENTS Please review and approve "As To Form" the attached copy of a one year Warranty Bond from Pascal & Ludwig Constructors for the Chlorine Containment Project, CC# 1133. Attached is the following: 1 . Warranty Bond, #6098643-0001, one set ---�,,r CO 2. Company Profile for Safeco Insurance, one set rYr� Routing: ❑ GCH ❑ PDA Jr-3LB 113 SL ❑ JF 1 ❑ ADL 1 ❑ SF 1 ❑ JM 1 ❑ This Request for Legal Services has been assigned to attomev �- 5 it 5<' l0 f 25 Cow. I cr z7 z5a z- IVPI C fnr Warranty Rnnrt 9/d/gnnz 19-AA PM F . ACORD CERTIFICAR OF LIABILITY INSUR. .4CEPage 1 of 2 1TE 1/6/01 PRODUCER THIS CERTIFICATE 13 ISSUED AS A MATT ON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis Risk and Insurance Services of Orange County HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1551 N. Tustin Ave., Suite 1000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92705 CA License #0371719 INSURERS AFFORDING COVERAGE INSURED pascal and Ludwig Constructors, Inc. INSURERA: Commerce and Industry Insurance Company 2049 East Francis Street EVISenINSURERB: Zenith Insurance Co an Ontario, CA 91761 INSURERC: _n INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MWDD/YY LIMITS A GENERAL LIABILITY 4177789 10/13/01 10/13/02 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 50,000 CLAIMS MADE ®OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENIT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 .13 POLICY 0 PROJECT LOC $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO 7666797 10/13/01 10/13/02 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS APPROVED AS TO FORM v (Per person) $ HIRED AUTOS GAIT, HUTTON, City Attorney BODILY INJURY $ NON-OWNED AUTOS De 11 ��,,C�'tV tt0 ne (Per accident) aL4a/�'� 7'1_" �ffl PM PROPERTY DAMAGE $ ��� RED $ c,_.y a (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ _H AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 13 OCCUR Ell CLAIMS MADE AGGREGATE $ RDEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND Z042602906 i 10/13/01 10/13/02 TORYLIMITS ER EMPLOYERS'LIABILITY -- E.L.EACH ACCIDENT $ 1,000,000 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Form CG2010 11/85 is Applicable & Attached RE: Chlorine Containment Structures - Construction Contract No. CC-1133 CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION Except 10 pays for Non Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL XM3EMMMXMAJL 30 DAYS WRITTEN City of Huntington Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,ZDrxxN E'! Department of Public Works 16 mKxmmKummxxm"mm3mm CTI mx4smaxx xmmmS=xx 2000 Main St. EPRESENTATIVES. Huntington Beach, CA 92648 AU HORIZED REPRESENTATIVE 97) ACORD C 17SATION 1988 Page 2 of IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. 7 Policy Number: 4177789 Named Insured: Pascal & Ludwig Constructors, Inc. This Endorsement Changes the Policy. Please read it carefully. Additional Insured — Owners, Lessees or Contractors (Form B) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. ' SCHEDULE RE: Chlorine Containment Structures Construction Contract#CC-1133 Name of Persons or Organization City of Huntington Beach and it's agents, officers and employees And; Any person or organizations that the insured has agreed and/or is required by contract to name as an additional insured. Where required by contract or permit, it is further agreed that the insurance provided by this endorsement is primary. Other insurance afforded to the additional insured shall apply as excess of, and not contribute with, the insurance provided by this endorsement. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. APPROVED AS TO FORM: GAIL HUTTON, City Attorney By: D t Cy Attor�eVT 9.w lam, ///57v/ CG 20 10 11 85 Includes copyrighted material of Insurance Services Office, Inc.with it's permission Copyright, Insurance Services Office, Inc. 1984 Bond No.:6098643 Premium:$2,833.00 PERFORMANCE BOND The American Institute of Architects,AIA Document A311,February 1970 Edition KNOW ALL MEN BY THESE PRESENTS:that Pascal&Ludwig Constructors as Principal,hereinafter called Contractor,and SAFECO Insurance Company of America,a corporation of the State of Washington, as Surety,hereinafter called Surety,are held and firmly bound unto City of Huntington Beach as Owner,hereinafter called owner,in the amount of Three Hundred Seven Thousand Nine Hundred Ten and 00/100($307,910.00) 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 -Q ,entered into a contract with Owner for Chlorine Containment Structure(CC 1133) G/ APPROVED AS TO FORM:or in accordance with Drawings and Specifications prepared by Black&Veatch,Inc. GAIL HUTTON, City Attorney By: Deputy City Attorney which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Contractor shall promptly and faithfully perform said Contract,then this obligation shall be null and void;otherwise it shall 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 Owner having performed Owner's obligations thereunder,the Surety may promptly remedy the default,or shall promptly 1) Complete the Contract in accordance with its terms and conditions,or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the of the lowest responsible bidder,or,if the Owner elects,upon determination by the Owner and the Surety jointly of the lowest responsible bidder,arrange for a contract between such bidder and Owner,and make available as Work progresses(even though there should be a default or succession of defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the contract price;but not exceeding,including other costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof. The term"balance of the contract price",as used in this paragraph,shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to Contractor. 3) Standard I year warranty would apply on said project upon completion after acceptance by City. Any suit under this bond must be instituted before the expiration of two(2)years from the date on which final payment under the contract falls due. 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 heirs, executors,administrators or successors of Owner. Signed and sealed this 18th day of October,2001. Pascal&Ludwig Constructors (Witness) By: a&v,- (Title) SAFECnsrance Com f erica ( it ess) es .Jackson, A ac t CALIFORNIA ALL-PURPOSE Ar—NOWLEDGMENT No.5907 State of California County of Orange On October 18, 2001 before me, Nixia Tapia, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,JANE DOE,NOTARY PUBLIC' personally appeared Teresa I. Jackson NAME(S)OF SIGNER(S) [j personally known to me -OR- 0 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. G "'"' . INI A TAP)A Z .gym COMM. #129gy 3^ 5`1 WITNESS my hand an official seal. ?. N07ARY PUBLIC•CALIFORNIA 9 ORANGE COUNTY r0v �'_-____1_My Comm,Exp,Feb, g, 2005 - + -if GNATURE F No OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION.OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Performance Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) 1 ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: October 18, 2001 SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SAFECO Insurance Company of America Pascal & Ludwig Constructors SIGNER(S) OTHER THAN NAMED ABOVE WC-4067/EP 7/94 ©1993 NATIONAL NOTARY ASSOCIATION 9 8236 Remmet Ave., P.O. Box 7184 0 Canoga Park,CA 91309-7184 Bond No.6098643 Premium:Included in Charge for Performance Bond LABOR AND MATERIAL PAYMENT BOND The American Institute of Architects,AIA Document A311,February 1970 Edition THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS:that Pascal&Ludwig Constructors as Principal,hereinafter called Contractor,and SAFECO Insurance Company of America,a corporation of the State of Washington, with its Head Office at Seattle,Washington,as Surety,hereinafter called Surety,are held and firmly bound unto City of Huntington Beach,as Owner,hereinafter called owner,for the use and benefit of claimants as herein below defined,in the amount of Three Hundred Seven Thousand Nine Hundred Ten and 00/100 Dollars ($307,910.00)for the payment whereof Principal 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 Lb� ,entered into a contract with Owner for Chlorine Containment Structure(CC 1133) APPROVED AS TO FORId:�v in accordance with Drawings and Specifications prepared by Black&Veatch,Inc. GAIL HUT TON, City Attorney By: Deputy City Attorney which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Principal shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the following conditions: 1) A Claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor,material,or both,used or reasonably required for use in the performance of the Contract,labor and material being construed to include that part of water,gas,power,light,heat,oil,gasoline,telephone service or rental equipment directly applicable to the Contract. 2) The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period of ninety(90)days after the date on which the last of such claimant's work or labor was done or performed,or materials were furnished by such claimant,may sue on this bond for the use of such claimant,prosecute the suit to final judgment for such sum or sums as may be justly due claimant,and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3) No suit or action shall be commenced hereunder by any claimant: a) Unless claimant,other than one having a direct contract with the Principal,shall have given written notice to any two of the following: the Principal,the Owner,or the Surety above named,within ninety(90)days after such claimant did or performed the last of the work or labor,or famished the last of the materials for which said claim is made,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail,postage prepaid,in an envelope addressed to the Principal,Owner or Surety,at any place where an office is regularly maintained for the transaction of business,or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such service need not be made by a public officer. b) After the expiration of one(1)year following the date on which Principal ceased work on said Contract,it being understood,however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project,or any part thereof,is situated,or in the United States District Court for the district in which the project,or any part thereof,is situated,and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder,inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement,whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 18th day of October, 2001 Pascal&Ludv-ig Constructors (Witness) By: QLrv�, J, — ? (Title) ��/r� J SAFECO Insurance Company of America (Witness) By: T re .J on, Attorney-in- c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On October 18, 2001 before me, Nixia Tapia, Notary Public DATE NAME.TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Teresa 1. Jackson NAME(S)OF SIGNER(S) Q personally known to me -OR- 0 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. iIo NIF21A TAP1A 1 "� COMM. #1293351 NOTARY PUBLIC CALifi3t:N1A0 WITNESS my hand and fficial seal. lI ORANGE COUNTY ^� My Comm.Exp.Feb. 8,2005 , `SIGkATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Labor and Material Payment Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) 2 ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: October 18, 2001 SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SAFECO Insurance Company of America Pascal & Ludwig Constructors SIGNER(S) OTHER THAN NAMED ABOVE WC-4067/EP 7/94 ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 9 Canoga Park CA 91309-7184 POWER -1ECO INSURANCE COMPANY OF AMERICA S A F E CO' OF ATTORNEY hvn4 OFFICE:SA COMPANYNCE OF AMERICA FECO PLAZA SEATTLE,WASHINGTON 98185 No. 10688 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint *r*r*rrrrrrrr*rr*s*rrr*r*srrrrr**rsrr*rs****rrr*r*rsrs*'TERFSAI.JACKSON;Santa Ana California**r****rrrrrr*r**rr*r**rrs*rs*rrr***r***srrssrrrrrsrr**srrrr*r its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 14th day of June 1999 k� .94&49� - R.A.PIERSON,SECRETARY W.RANDALL STODDARD,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attomey appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I, R.A. Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 18th day of October 2001 �rvE COMP v HV11f�IfIL 9 SEAL y SEAL s 1953 "� t 2y > �Of 1VASt1� '' j�a R.A.PIERSON,SECRETARY S-0974/SAEF 7/98 ®Registered trademark of SAFECO Corporation. 6/14/99 PDF Thd 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. �asaA-� i�r ui G 01 Srnu c Y1S Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this-23rday of LG8 00 / . SYBIL ZAMBARDI Commission#1259?a$ Sa ny PubRc-CclfnrO Bemamft MYComm.F�i�sks'29,�tJ NOTARY PUBLIC(�5/a 70 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-12 PASCAL &LUDWIG CONSTRUCTION PROJECTS 2372 PROJECT NAME: Wastewater Treatment Facilities Upgrade-Banning OWNER: City of Banning LOCATION: Banning, CA CONTRACT AMOUNT: $4,403,000 COMPLETED: December, 2000 ENGINEER: Montgomery/Watson Consulting Engineers/Mandu Kundu-626/796-9141 2373 PROJECT NAME: Viejas Wastewater Treatment Plant Expansion-Zenon OWNER: Viejas Casino &Turf Club /Douglas E. Barnhart/Tim Berry-619/871-3487 LOCATION: Alpine, CA CONTRACT AMOUNT: $320,000 COMPLETED: August, 2000 ENGINEER: CGA Engineers/Guillermo Garcia-949/476-1139 2374 PROJECT NAME: Pump Station, Pipeline, Reservoir Repairs @ Huntington Library OWNER: The Huntington Library LOCATION: San Marino, CA CONTRACT AMOUNT: $811,811 COMPLETED: April, 2000 ENGINEER: The Huntington Library/Laurie Soud/Bill Peterson - 626/300-0777 2375 PROJECT NAME: DESIGN/BUILD / Domestic Water Well #19 OWNER: City of Upland/Jim Moody-909/931-4245 LOCATION: Upland, CA CONTRACT AMOUNT: $617,969 COMPLETED: September, 2000 2376 PROJECT NAME: DESIGN/BUILD/ TEMESCAL CANYON DESALTER OWNER: City of Corona/John O'Donnell-909/739-4953 LOCATION: Corona, CA CONTRACT AMOUNT: $5,049,600 COMPLETED: Under Construction 2277 PROJECT NAME: Viejas Casino Wastewater Treatment Plant Expansion-Rotary Screen OWNER: Viejas Casino and Turf Club /Douglas E. Barnhart/Tim Berry-619/871-3487 LOCATION: Alpine, CA CONTRACT AMOUNT: $129,594 COMPLETED: September, 2000 ENGINEER: CGvl Engineers/Guillermo Garcia- 949/476-1139 2378 PROJECT NAME: MINER STREET, 22ND ST, SIGNAL ST, &SEASIDE STREET PUMPING PLANT REHABILITATION OWNER: City of Los Angeles LOCATION: Los Angeles, CA CONTRACT AMOUNT: $2,593,800 COMPLETED: April, 2001 ENGINEER: City of Los Angeles/Catalino Espiritu- 213/847-8455 3001 PROJECT NAME: TALBERT BARRIER INJECTION WELLHEAD FACILITIES OWNER: Orange County Water Distirct LOCATION: Fountain Valley, CA CONTRACT AMOUNT: $898,865 COMPLETED: September, 2000 ENGINEER: Orange County Water District/Mike Markus-(714) 387-3305 47 PASCAL &LUDWIG CONSTRUCTION PROJECTS 3002 MARENGO BOOSTER PUMP STATION OWNER: City of Alhambra LOCATION: Alhambra, CA CONTRACT AMOUNT: $176, 975 COMPLETED: February, 2001 ENGINEER: City of Alhambra/Tom Coleman—626/570-3280 3003 PROJECT NAME: WINDY RIDGE/TOMATO SPRINGS RECIRCULATION SYSTEM OWNER: Eastern Transportation Corridor Agency LOCATION: Windy Ridge, CA CONTRACT AMOUNT: $42,805 COMPLETED: January, 2001 ENGINEER: Tetra Tech ASL/Tom Epperson—949/727-7099 3004 PROJECT NAME: EQUIPPING OF HALL WELL OWNER: California American Water Service Co. LOCATION: Temple City, CA CONTRACT AMOUNT: $462,850 COMPLETED: February, 2001 ENGINEER: California America Waterworks Company/Dan Setty—619/656-2461 3005 PROJECT NAME: BALLONA CREEK PUMPING PLANT OWNER: County of Los Angeles LOCATION: Carson, CA CONTRACT AMOUNT: $462,850 COMPLETED: Under Construction ENGINEER: City of Los Angeles/Carmelo Martinez— 213/847-8463 3006 PROJECT NAME: CRAIG AVENUE PUMP BOOSTER STATION OWNER: K. Hovanian Companies of California/Eastern Municipal Water District LOCATION: Menifee, CA CONTRACT AMOUNT: $614,500 COMPLETED: June, 2001 ENGINEER: Albert Webb &Associates—Riverside/David Algranti—909/686-1070 3007 PROJECT NAME: REGIONAL LIFT STATION OWNER: Moulton Niguel Water District /Carlo Habash— 714/831-2500 LOCATION: Laguna Niguel, CA CONTRACT AMOUNT: $372,300 COMPLETED: April, 2001 ENGINEER: Tetra Tech ASL/Tom Epperson— 949/727-7099 3008 PROJECT NAME: MATHIS DOMESTIC WATER RESERVOIR CONVERSION OWNER: Moulton Niiguel Water District LOCATION: Laguna Niguel, CA CONTRACT AMOUNT: $143,559 COMPLETEDE: March, 2001 ENGINEER: Tetra Tech ASL/Tom Epperson— 949/727-7099 3009 PROJECT NAME: SEQUOIA PUMP BOOSTER STATION OWNER: City of Monterey Park/Robert Linares— 626/307-1328 LOCATION: Laguna Niguel, CA CONTRACT AMOUNT: $419,000 COMPLETED: April, 2001 ENGINEER: Perliter&Ingalsbe /818/972-1470 48 PASCAL &LUDWIG CONSTRUCTION PROJECTS 3010 PROJECT NAME: DESIGNBUILD / TAPIA HEADWORKS REHABILITATION OWNER: Las Virgenes Municipal Water District /Julia Aranda- 818/251-2142 LOCATION: Calabasas, CA CONTRACT AMOUNT: $1,871,336 COMPLETED: Under Construction 3011 PROJECT NAME: ALICIA RECYCLED WATER PUMP STATION OWNER: Moulton Niiguel Water District/Carlo Habash- 714/831-2500 LOCATION: Laguna Niguel, CA CONTRACT AMOUNT: $396,400 COMPLETED: Under Construction ENGINEER: Tetra Tech ASL/Tom Epperson- 949/727-7099 3012 PROJECT NAME: PCE REMEDIATION PROJECT (CHINO PRISION) OWNER: State of California, Department of General Services-Real Estate Division LOCATION: Chino, CA CONTRACT AMOUNT: $1,486,911 COMPLETEDE: Under Construction ENGINEER: Geomatrix Consultants/Calvin Hardcastle- 949/642-0245 3013 PROJECT NAME: 213`h STREET PUMPING PLANT OWNER: County of Los Angeles LOCATION: Carson, CA CONTRACT AMOUNT: $630,200 COMPLETEDE: Under Construction ENGINEER: County of Los Angeles/Linda Tacconelli- 626/458-3147 3014 PROJECT NAME: BELMONT PARKS &ALAMITOS BAY SEWER LIFT STATION S-4,S-7, S-11 OWNER: Long Beach Water Department LOCATION: Long Beach, CA CONTRACT AMOUNT: $974,490 COMPLETEDE: Under Construction ENGINEER: City of Long Beach/ Tony Arvello- 562/570-2333 3015 PROJECT NAME: HONBY&LOST CANYON BOOSTER STATION OWNER: Castaic Lake Water Agency/Michael Thompson- 661/297-1600 LOCATION: Santa Clarita, CA CONTRACT AMOUNT: $514,101 COMPLETEDE: Under Construction ENGINEER: Kennedy-Jenks Consultants /Bill Yates-805/658-0607 3016 PROJECT NAME: BELMONT SHORE SEWER LIFT STATION S-12 OWNER: Long Beach Water Department LOCATION: Long Beach, CA CONTRACT AMOUNT: $470,850 COMPLETEDE: Under Construction ENGINEER: City of Long Beach/Tony Arvello-562/570-2333 3017 PROJECT NAME: FOUL AIR SYSTEM UPGRADE OWNER: Aliso Water Management Agency/Brian Peck-949/234-5411 LOCATION: Laguna Niguel, CA CONTRACT AMOUNT: $761,740 COMPLETEDE: Under Construction ENGINEER: Aliso Water Management Agency 49 PASCAL &LUDWIG CONSTRUCTION PROJECTS 3018 PROJECT NAME: LOWER SALADA LIFT STATION OWNER: Moulton Niiguel Water District/Carlo Habash-714/831-2500 LOCATION: Laguna Niguel, CA CONTRACT AMOUNT: $174,169 COMPLETEDE: Under Construction ENGINEER: Tetra Tech ASL/Tom Epperson-949/727-7099 3019 PROJECT NAME: DEEP WELL PUMP OWNER: The Huntington Library/Bill Peterson-949/644-8546 LOCATION: San Marino, CA CONTRACT AMOUNT: $93,759 COMPLETEDE: January, 2001 ENGINEER: Tetra Tech ASL/ Steve Ochner- 626/683-0066 3020 PROJECT NAME: HENRY FORD PUMPING PLANT OWNER: City of Long Beach/Board of Harbor Commissioners LOCATION: Long Beach Pier, CA CONTRACT AMOUNT: $3,348,346 COMPLETEDE: Under Construction ENGINEER: City of Los Angeles/Marte San Diego-213/847-8683 3021 PROJECT NAME: DESIGN/BUILD / PECK RESERVOIR OWNER: City of Huntington Beach/Tom Rulla- 714/536-5431 LOCATION: Huntington Beach, CA CONTRACT AMOUNT: $6,299,000 COMPLETED: Under Construction 3022 PROJECT NAME: D E S I G N/B U I L D / DEEP AQUIFER TREATMENT SYSTEM (DATS) OWNER: Irvine Ranch Water District/Steve Malloy- 949/453-5570 LOCATION: Santa Ana, CA CONTRACT AMOUNT: $10,359,915 COMPLETED: Under Construction 3023 PROJECT NAME: 330 ZONE &POWER BOOSTER STATION OWNER: City of San Buenaventura LOCATION: Ventura, CA CONTRACT AMOUNT: $514,101 COMPLETED: Under Construction ENGINEER: Flowers &Associates/Vern Williams- 805/966-2224 50 AUG-30-2001 11:19 HUNTINGTON BEACH 714 374 1573 P.01i01 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431,Fax (714) 374-1573 ADDENDUM NUMBER ONE For CHLORINE CONTAINMENT STRUCTURES CONSTRUCTION CONTRACT NO. CC-1133 August 30,2001 Notice to All Bidders: Please note the following revision to the project Plans, Specification,and Technical provisions: On Sheet C-1,Construction Notes shall be modified as follows: 1. In addition to the installation of all standard equipment included with the TGO Chlortainer,the Contractor shall supply and install one Capitol Controls Advance Gas Chlorinator Series 48105 per Well Site or equal,Each Series 48105 Chlorinator consists of two vacuum regulators,one automatic switchover,one remote meter,and one ejector with check valve. 2. Contractor to determine field routing and exact distances for 3/81PVC vacuum tubing from vacuum regulator to existing ejector. Contractor to provide all material and equipment needed to mount or tie down the PVC tubing as required. On Sheet C-2,Construction Note 4 shall be modified as follows: 4. In addition to the installation of all standard equipment included with the TGO Chlortainer,the Contractor shall supply and install two Capital Controls Advance Gas Chlorinator Series 481C3 per Well Site or equal Each Series 481C3 Chlorinator consists of one vacuum regulator. 5. Contractor to determine field routing and exact distances for 3/8"PVC vacuum tubing from vacuum regulator to existing switchover assembly located within the adjacent building. Contractor to provide all material and equipment needed to mount or tie down the PVC tubing as required. This is to acknowledge receipt and review of Addendum Number one, d August 30,2001 a ,' lcovu'Q CoK4w .d*w R 0-ri" eo. - -'I Co Name By M I r Date All bidders must acknowledge the receipt or this Addendum with your bid proposal TOTAL P.01 ALkw SLATER, EXECUTIVE OFFICER AND CLERK OF THE SUPERIOR COURT O U N TY O F ORANGE COUNTY SUPERIOR COURT PROBATE COURT OPERATIONS 2 1 � 341 THE CITY DRIVE P. 0. BOX 14171 5 3 RAN G E ORANGE, CA 92613-1571 CLERK OF THE SUPERIOR COURT IF' ' MCATE OF FACT DATE AUGUST 21, 2" I ALM SLATER, EXECUTIVE OFFICER AMID CLERK OF THE SUPERIOR COURT IN AMID FOIL THE COUNTY OF CRANCZ, STATE OF CALIFOEMiIA, DO HERESY CERTIFY THAT I AM THE OFFICIAL CUSTODIAN OF THE RECORD OF THE SUPERIOR COURT, COMIIT OF ORANGE, SPATE OF CALIFC)RNIA. I DO FURTHER C EMM Y THAT A COMPLETE LIST OF ALL INSURERS ADMITRTVI TO TRANSACT SURETY INSURANCE IN THIS STATE, AS CERTIFIED TO THIS DEPAIM'M NT BY THE INSURANCE OOMNI7.SSICNER, IS ON FILE IN THIS OFFICE. SAFECD INSURANCE COMPANY OF AM MICA IS ON THE LIST AS ONE OF THE INSURERS ADMIT= TO TRANSACT SURETY INSURANCE IN THE STATE OF CALIFC IMM. IN WITNESS WHERHOF, I HAVE HEREUNTO SET MY HAND AND AFF= THE SEAL OF THE SUPERIOR COURT OF THE STATE OF CALIEC7RNIA IN AND FOR THE COUNTY OF CRANGE. ALAN SLATER, EXECUTIVE OFFICER AND CLERK OF THE SUPERIOR COURT OF THE STATE OF C ALIFOMM .O IN AND FOR THE COUNTY OF ORANGE L )o L`� LINDA C. WALLACE I CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: November 26, 2001 TO: Pascal & Ludwig Constructors . ATTENTION: Name 2049 E. Francis Street DEPARTMENT: Street Ontario, CA 91761 REGARDING: Construction Contract City,State,zip CC-1133 See Attached Action Agenda Item E-5 Date of Approval 10/01/01 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds x Insurance x RCA Deed Other CC: R. Beardsley: DPW x x x bonds Name Department RCA Agreement Insurance Other D. Verone DPW x x x bonds Name Department RCA Agreement Insurance Other S. Freidenrich Treas x bonds Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other C. Mendoza Risk Mgmt x x Name Department RCA Insurance (Telephone:714-536-5227) SECTION C PROPOSAL for the CHLORINE CONTAINMENT STRUCTURES CONSTRUCTION CONTRACT No. CC 1133 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 220 calendar 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$ b� which said amount is not less than 10% of the ag egate of th 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 1V6. . Date Received dder's Signature C-2 Huntington Beach Chlorine Containment Structures (CC-1133) Bid Schedule Item Description Size - Quantity Unit Unit Price Item Total No. Mobilization, Demobilization and Cleanup: Furnish labor, Lump ` �� � 1 materials,equipment and 1 Sum $;� I ITCJ $10 f TO incidentals for mobilization, disposal of spoil material,and cleanup of the site. Deliver& Install TGO ChlorTainer: Transport TGO vessel containers from City storage location to well site 2 and furnish labor,tools, 4 Each $ $ ai ancillary materials necessary 2�a� to complete all work required to install the city furnished chlorine vessels,fixed loaders and all appurtenances. Furnish & Install Pre- o� a0 Engineered Metal Buildings: 15' by 25' 3 Each $(3 Z $.3 Furnish labor,equipment,and 3 materials and complete all work required.to install the o� buildings according to 20' by 25' 1 Each . $ i 5�.� $i 7� 50 oa specifications. Furnish & Install Electrical Chain Hoist,Hand Geared Trolley with Runway Beam: oa Fp 4 Furnish labor,equipment,and 4 Each $ g 7 5 O -- $ 3s materials and complete all work required to install equipment. Furnish & Install Gas Chlorinators: Furnish labor, equipment,and materials and 5 8 Each $ $Z complete all work required to 7 p p install gas chlorinators to TGO ChlorTainer. Furnish & Install PVC Pipe and Fittings: Furnish labor, equipment,and materials and 6 complete all work required to 3/8" 170 Feet r $ i 7 b $ 0 O install the vacuum tubing including the pipe supports as required at all well sites. C-3 Furnish&Install Electrical Components: Furnish labor, equipment,and materials and complete all work required to 1 Lump $ supply power to all equipment Sum �� y�� and lighting fixtures at all well sites. Furnish &Install 6' Masonry Wall at Well 6 8 Site: Furnish labor, 1 Lump $ do $ equipment,and materials and Sum -7�8 a^ 7 2 complete all work required to construct masonry wall. Construct 18"Slab on Grade: Furnish labor, 15' by 25' 3 Sq. Feet $ /b 6 0 0 $ La 0 a 0 9 equipment,and materials and complete all work required to nb oa construct the concrete slab. 20' by 25' 1 Sq. Feet $ 22730 $7-7-730' Concrete Encasement for 18"RCP at Well 10: Furnish 10 labor,equipment,and 1 Lump $ $ materials and complete all Sum 0 0 0 S d b work required to encase RC Pipe. Incidental Site Modifications at Well 10: Furnish labor,equipment;and 11 ancillary materials for: 1) 1 Lump $ $ 2 Q Minor regrading,2)Chain Sum !Z$0 0 I Link Fence,3)Concrete encasement and 4)Irrigation sprinkler relocation. 12 Total Amount Bid Total 1$30-7�,'7 0°0 C-4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number z o C - 5 1 G �3 33773 ZY C - �- By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California SS. County of grange—-<34N &-kJU42 bjAl d AU4N . (-FlbWi6 , be' first du sworn, deposes and says th�r she is t � iUT of = ;U1bU)16 i�S-,WtZjlt 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 GQ' J . '0 1 . &-&-I - Signature of Bidder 0 ,,?oyy E. 4�2epc;s 5 C)U-)M Address of Bidder Subscribed and sworn to before me this 3/sr day of �� usl , 200 . SYBIL ZAMBARDI Commission#i25918B Notary Public-cali"o San Bernardino county MY Cam— FMires Apr29 2W4 NOTARY PUBLIC NOTARY SEAL C-6 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CHLORINE CONTAINMENT STRUCTURES (CC — 1133), (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. Contractor By 7//1&; Title Date: C-7 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-8 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. pet SGdt L �. r't U i G(6x6(12-LL(-TN5 Contractor a� By Title Date: C-9 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-10 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: f 06cf,C c ^ l�lti1► t C�?}l2S Bidder Name log1 -f cis Si Business Address City, State Zip (,?bq ) �IU7 y�31 Telephone Number State Contractor's License No. and Class 4n -j1 Original Date Issued 4-30— �3 Expiration Date The work site was inspected by 6KAp of our office on ?Q 200j. The following are persons, firms, and corporations having a principal interest in this proposal: � �r�eslU�L C-11 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PASCAL & LUDWIG CONSTRUCTORS FOR CHLORINE CONTAINMENT STRUCTURE (CC 1133) THIS AGREEMENT, made and entered into this ist day of October 2001, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and PASCAL& LUDWIG CONSTRUCTORS 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 chlorine containment structure (CC 1133) in the City of Huntington Beach. Black &Veatch, Inc., a California corporation, has been selected as the Design Engineer for PROJECT; 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 furnish, at its own 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 assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, 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 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 0lagree/pascaU9/18/01 I shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 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 hereinafter defined), 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 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 said 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; 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 of CITY, and any revisions, amendments or addenda thereto; D. The 2000 edition including 2001 supplement 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 0lagree/pascal/9/18101 2 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 (attached hereto as Exhibit "A"); 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-discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, 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 said 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 Three Hundred Seven Thousand Nine Hundred Ten Dollars ($307,910.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion 01 agree/pascaUgl18i01 3 within two hundred twenty (220) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things 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 the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 01agree/pascaU9/18/01 4 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the 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 the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. Only bonds issued by California admitted sureties will be accepted. 01agree/pascaV9/18/01 5 9. WARRANTIES The 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 expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its 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. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500.00) 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 losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages 01 agree/pascaMl a/01 6 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 completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the 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 the 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 waiting for materials required by this Agreement to be furnished to 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 nowise 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 the 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 material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 01 agree/pascal/9/18/01 7 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) 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. The 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; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the 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 the 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. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the 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 01agree/pascaU9 M01 8 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, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the 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 by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the 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 expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit 01 agree/pascaV9/1=1 9 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 the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an 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 and save harmless, Black & Veatch, CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, 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, and 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 CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 01 agree/pascaU9/1 W1 10 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said 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 maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation 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 insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of 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$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 $1,000,000. Said policy shall name Black & Veatch, CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may 0lagree/pascal/9/18/01 11 be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE' ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: "The above-detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar-type limitation." 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 provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 01 agree/pascaU911&01 12 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused 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 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. 23. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon 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. 24. NON-ASSIGNABILITY 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. 25. 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 California Govemment Code sections 1090 et seq. 01 agree/pascaV9l1 W 13 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said 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, 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. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. 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 U.S.C. Section 1324a regarding employment verification. 30. 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 0 1 agree/pascaU9/18/01 14 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. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. PASCAL & LUDWIG CONSTRUCTORS, a CITY OF HUNTINGTON BEACH, a California corporation municipal corporation of the State of California` By: 7�»'1 t�t.�NL Alan Ludwig, President Ma or AND ATTEST- Rob Temple, Secretary City Clerk 24-0) APPROVED AS TO FORM: REVIEWED AND APPROVED: City Attorney City ministrator NITI/ ED A�NDDAAPP ED: I� Director of Public Works 01 agree/pascal/9/18/01 15 EXHIBIT A 0 1) Council/Agency Meeting Held: Deferred/Continued to: 'Approved ❑ Conditionally Approved Denied _ _ 6 b3 f. City CI k's Signature Council Meeting Date: October 1, 2001 Department ID Number: PW01-130 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION o a y SUBMITTED TO: HONORABLE AND AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator W-1V REPARED BY: ROBERT F. BEARDSLEY, Director of Public Work ? w D SUBJECT: AWARD THE CHLORINE CONTAINMENT STRUCTURES CONSTRUCTION CONTRACT CC-1133 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Should the City accept the lowest responsible/responsive bid and award the construction contract for the Chlorine Containment Structures Project, CC-1133? Funding Source: Funds in the amount of $800,000 are budgeted in the Water Master Plan, Chlorine Containment, Account No. 507191010.82100. Recommended Action: 1. Accept the lowest responsible/responsive bid submitted by Pascal & Ludwig Constructors for the Chlorine Containment Structures Construction Contract CC- 1133; and 2. Authorize the Mayor and City Clerk to execute the approved Construction Contract in the amount of$307,910; and 3. Authorize the Director of Public Works to expend up to $400,000, which includes the contract cost of $307,910, estimated contingency of $56,000, and $36,090 for undesignated supplemental expenditures. Alternative Action(s): 1. Forego approval and direct staff on how to proceed with the project. REQUEST FOR ACTION MEETING DATE: October 1, 2001 DEPARTMENT ID NUMBER: PW01-130 Analysis: The existing chlorination disinfection systems met safety and reliability standards when originally constructed. New regulations require systems to be constructed with more stringent requirements. By retrofitting the one-ton chlorine cylinders located at four water well sites with secondary containment vessels, the highest degree of confinement and safety will be provided. This containment method greatly exceeds other methods and is endorsed by the Fire Department as these systems have been successfully used by many agencies throughout the country. On April 16, 2001, Council authorized staff to advertise for bids for this project. The engineer's cost estimate for the project was $400,000. Bids were received on September 4, 2001. Staff has reviewed the bids and they are summarized below: BIDDER BID AMOUNT 1. Pascal & Ludwig Constructors $307,910 2. GCI Construction Inc. $376,540 3. S.S. Mechanical Corporation $419,550 Because of the nature of this retrofit project at four operating well sites, staff is requesting that 18 percent be reserved to cover change orders instead of the normal 10 percent limit set by Resolution No. 4896. Examples of possible change orders include changes in field conditions, material changes and improvements to existing facilities that may evolve during the course of the project. Public Works Commission Review: The Commission reviewed and supported staff's request to advertise for competitive bids on February 21, 2001, by unanimous vote (7-0). Environmental Status: The project has been determined to be Categorically Exempt under Title 14, Chapter 3, Article 19, Section 15301 Class 1 (b) of the California Environmental Quality Act. Attachment(s): DescriptionCity Clerk's Page Number No. 1. Location Map RCA Author: T. RullaJrn 01-130 Oct 1 Rulla(Award Chlorine Containment) -2- 9/17/01 1:55 PM ATTACHMENT # 1 Ile r- LL N0. 7 Qom' S 0 9'L U.S. NAVY RR LPN BOLSA AVE. NCO Q � � WELL NO. 6 v Mc FAD DEN N AVE. � WELL NO. 10 EDINGER z AVE. N (In: J�I' Q •- Y� a o WELL N0. 9 p 0HEIL a g m o AVE. m 0 � a 3 z a J N W = N Q N m WARNER w a o AVE. m c� SLATER AVE. m 405 TALBERT AVE. '9� PACIFIC ELUS AVE. �Av � GARFIELD -' AVE. 0 C C- YORKTOWN AVE. 3 oyST � Ga. NA ADAMS AVE. N O,P a 9'1'cF` INDIANAPOLIS AVE. Y OCEAN 9 a z TLANTA z a AVE. = 3 J w z HAMILTON AVE. yG BANNING ,Y AVE. CITY OF HUNTINGTON BEACH * PUBLIC WORKS LOCATION MAP ' RCA 9OUTING SfiEET INITIATING DEPARTMENT: Public Works SUBJECT: AWARD THE CHLORINE CONTAINMENT STRUCTURES CONSTRUCTION CONTRACT CC-1133 COUNCIL MEETING DATE: October 1 , 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome ) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff 9 ) ( ) Assistant City Administrator Initial ( ) ( ) City Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: T. Rulla:jm PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a equal value the rdten- NOTICE INVITING tion in accordance with SEALED BIDS the provisions of the Cal- resident of the County aforesaid• I am CHLORINS 'Code,for the ifode Government r Section 4590. The Contractor shall be CONTAINMENT over the age of eighteen years, and not a STRUCTURES beneficial owner of the party to or interested in the below CASH CONTRACT any and shall receive an interest thereon. No. CC 1133 The AGENCY hereby entitled matter. I am a principal clerk of in the affirmatively ensures CITY OF that minority business the HUNTINCTON BEACH INDEPENDENT a HUNTINGTON enterprises will be af- i BEACH forded full opportunity to newspaper of general circulation, printed PUBLIC NOTICE IS submit bids in response -to this notice and will not HEREBY GIVEN that be discriminated against and pub lished in the City of Huntington the CITY OF HUNT- on the basis of race, INGTON BEACH, as color, national origin, Beach, County of Orange, State of AGENCY, invites sealed ancestry, sex, or religion bids for the above stated in any consideration California and that attached Notice is a projects and will receive 11bading to the award of such bids in the office of contract. true and complete copy as was printed the City Clerk, Second t:No bid shall be con. Floor, 2000 Main Street, � Huntington Beach, Cali- preparederedd unless it is and published in the Huntington Beach fornia 92648, up to the Prepared on the ap h Prin oved Proposal forms our of 2:00 P.M. on and Fountain Valley issues of said September4, 2001. Bids conformance with the will be publicly open in thstruc bid must Bidders. The bid ust be ac- newspaper to wit the issue(s) of: the Council Chambers xompanied by a certified unless otherwise .check, cashier's check, posted. or bidder's bond made Copies of the Plans, _,payable to the AGENCY August S t 16 ZOO 1 Specifications, and con- ;,for an amount no less g r tract documents are than 10% of the amount 2 3 ZOO 1 available from the Office -bid. The successful bid- August , of the Director of Public :der shall be licensed in Works, 2000 Main -accordanceSt with August S t 30, ZOO 1 Beach, CA 92648, upon on on provisions of the Busi- gpayment of a $25 00 Hess and Professions Code and.shall possess nonrefundable fee if a State Contractor's picked up, or payment of ` a $35.00 nonrefundable rtimense Class at the fee if,mailed. time of the bid opening. declare, under penalty of perjury, that Any contract entered The successful ConcoContrac- t for and his subcon- into pursuant to this no- factors will be required the foregoing is true and correct. tice will incorporate the to possess business trovisions of the State Pce es from the abor Code. Pursuant to AGENCY. the provisions of the.La- -The AGENCY reserves bor Code of the State of the right to reject any or Executed on California•,the minimum all bids, to waive any ir- Au au s t 3 O , 2 o�i prevailing rate of per regularity and to take all diem wages for each bids under advisement at Costa Mesa, California. craft; classification or for maximum period of I ype of workman needed 60 days. Yo execute the contract ,. BY ORDER of the ,shall be those de- CITY COUNCIL: of the termined by the Director ICTY OF HUNTINGTON Industrial Relations of BEACH, CALIFORNIA, the State of California, Ahe 16th day of April, ,#hich are on file at the 2001. Office of the Director of Attest: Public Works, 2000 Connie Brockway, Main Street, Huntington CITY CLERK OF THE Beach, CA 92648. CITY The AGENCY will de- BEACH ductF HUNTINGTON Signature from' all progressepay-ntion Published Huntington g ^Beach Independent Au ments. The Contractor may substitute an ttust 16, 23, 30, 2001 escrow holder surety of -- _ 083-159 k'-i.i_I z-L:j I i_Ui__i 'JLU ciI Y CLERK Cl I'Y CLERK CITY OF CITY OF HUNTit�GTON BEACH, CA HUNTINGTON BEACH,CA 2001 SEP -U P 2: 01 z 2001 SEP -q P I. 5q o Z rn �> 1 CD �-CC 00 :Z d h- d3S 1001 co oo �— VO 'HOV30 NO1JNIINnH N = � 30 Allo M 31 O kl m o cli I� One(1)Copy to City Clerk V One(1)Copy to Project Manager Two(2).Copies.to Front Desk CHLORINE CONTAINMENT STRUCTURES CC4133 BUD DATE: SEPT. 4, 2001 at 2:00 PM Engineer's Estimate: $400,000 --- .CIS 9 477. i Try myra.r.4 s —sue_- �7 T ;-: 1. AESCO TECHNOLOGY $ 2. ALLIED INDUSTRIAL $ J. It ATIL S Lye'Lii-'L,12.t�f V. W 4. BEADOR CONSTRUCTION $ 5. BEARD INDUSTRIES $ 6. BUSO CONSTRUCTORS,INC. $ 7. C.��TENSEJN Ei..ECTRIC $ , 8. DENBOER ENGINEERING $ 9. DYNALECTRIC $ 10 GCI CONSTRUCTION 11. KEC ENGINEERING $ , 12. MILLER BROOKS $ 13.MISCO SOUTHWEST $ 1 . ASLAL&LUllWIU I $ 2 +'jl 910. / 15. PHEL.PS SOi M-IWEST,INC. 16. ROCKWELL ELECTRIC Is f IrRage 2 ts temper4,2Wl 17. S. S. MECHANICAL '� $ � lq ) 18. TAMANG ELECTRIC $ 34. THE TYRFF.ORGANWATTON, % 20. UNITY CONSTRUCTORS Is 21. WEST&SYLVESTER $ 01-13—o► SECTION A �I►�a 9-16-01 $-Z3 01 %-30-0) NOTICE INVITING SEALED BIDS for the CHLORINE CONTAINMENT STRUCTURES CASH CONTRACT No. CC 1133 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on September 4, 2001. 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$35.00 nonrefundable fee if mailed. 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. A-1 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, The 16`h day of April, 2001. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Connie Brockway FROM: Rulla, Public Works Engineering SUBJECT: Public Notification of Contract CC-1133 DATE: July 13,2001 Please publish the notice inviting bids for the Chlorine Containment Structures Contract per the attached notice. The City Council authorized advertising is contract on April 16, 2001. The engineer's estimate for this work is $400,000. If you have any questions, please call me at extension 5524. Attachment MEM04 CITY OF HUNTINGTON BEACH 0 lb - '� W�A � MEETING DATE: April 16, 2001 DEPARTMENT ID NUMBER:PW 01-032 Council/Agency Meeting Held: Deferred/Continued to: Ap roved ❑ Conditionally Approved ❑ Denied - CI 's Signature Council Meeting Date: April 16, 2001 Department ID Number: PW 01-032 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL ME SUBMITTED BY: RAY SILVER, City Administrator 4 PREPARED BY: ROBERT F. BEARDSLEY, Director of ublic Works SUBJECT: AUTHORIZE ADVERTISEMENT FOR THE MODIFICATIONS - w CHLORINE CONTAINMENT STRUCTURES AT WATER WEPLS , 6,7,9 AND 10, CC-1133 3 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Should the City Council authorize the Director of Public Works to advertise to obtain bids for the construction of Chlorine Modifications at Water Wells #6, #7, #9 and #10, CC-1133? Funding Source: The engineer's estimate for the construction of these modifications is $400,000. Funds are budgeted in the Water Master Plan Fund. Recommended Action: Motion to: 1. Authorize the Director of Public Works to advertise and obtain bids for the modification of Chlorine Containment Structures at Water Wells #6, #7, #9 and #10, CC-1133 pending final approval and adoption of Ordinance 3496, amending Section 14.120.10 and 14.120.40 pertaining to Water Fees and Rates. 2. Approve the attached Sample Contract subject to award of the contract to the lowest responsive/responsible bidder. Alternative Action(s): Recommend denial of the request to advertise this project and provide staff with alternate direction. Analysis: The existing chlorination systems were originally constructed using approved standards that met safety and reliability standards at that time. New regulations require 01-032 Apr 16 Rulla(Chlorine Containment) -2- 04/06/01 4:19 PM �r REQUEST FOR ACTION MEETING DATE: April 16, 2001 DEPARTMENT ID NUMBER: PW 01-032 systems to be constructed with more stringent rquirements to contain release of potentially hazardous chemicals. By retrofitting the one-ton chlorine cylinders located at four water well sites with secondary containment vessels, the highest degree of confinement available will be provided. This containment method greatly exceeds other methods and is highly endorsed by the Fire Department. Containment vessels have been successfully used by many agencies throughout the country. Alternative methods are expensive to build, operate and maintain. The proposed containment vessels are reliable and require minimum maintenance, and most importantly, eliminate potentially hazardous building entry. Public Works Commission Review: The Commission reviewed and supported staffs request to advertise for competitive bids on February 21, 2001, by unanimous vote (7-0). Environmental Status: The project has been determined to be Categorically Exempt as a minor alteration of structures and mechanical equipment to an existing public utility service under Title 14, Chapter 3, Article 19, Section 15301 Class 1 (b) of the California Environmental Quality Act. Attachment(s): City Clerk's Page Number No. Description 1. Location Map 2. Sample Contract RCA Author: Tom Rulla:jm 01-032 Apr 16 Rulla(Chlorine Containment) -3- 04/06/01 4:19 PM ATTACHMENT # 1 LL NO. 7 so 0 9'� U.S. NAVY RR�C�+ Q` (A BOLSA AVE. 0 WELL NO. 6 Mc FAD DEN VE. LL NO. 10 r= EDINGER z AVE. N x z g �, v~, WELL N0. 9 Z3HEIL r < �3 0 AVE. � to 3 z < Q N J W < m WARNER W o J AVE. °D SLATER AVE. v W 405 co TALBERT AVE .9 PACIFlC O ELLIS AVE. �' Q GARFIELD J _ AVE. v~i v~i v~i v~i C c►o9sT C2 YORKTOWN AYE. 3 ADA AS AVE. CZ' � 9 k INDIANAPOLIS AVE. Y OCEAN 9 cck: Ix TLANTA AVE. < W z HAM LTO?T AVE. y BANNING • AV . CITY OF HUNTINGTON BEACH * PUBLIC WORKS LOCATION MAP u ATTACHMENT #2 t SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND . FOR CHLORINE CONTAINMENT STRUCTURES (CC-1133) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT&TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON-ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ATTORNEY'S FEES 15 32. ENTIRETY 16 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND . FOR CHLORINE CONTAINMENT STRUCTURES (CC-1133) THIS AGREEMENT, made and entered into this day of 2001, 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 for chlorine contaiment structures (CC-1133) in the City of Huntington Beach; BLACK & VEATCH, Inc., a California corporator, has been selected as the Design Engineer for PROJECT; 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 furnish, at its own 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 assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, 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 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, 01 agree/chlorine I 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 under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 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 hereinafter defined), 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 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 said 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; 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 of CITY, and any revisions, amendments or addenda thereto; D. The 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 01 agree/chlorine 2 90034, 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 Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); 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 discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, 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 said 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 notice to proceed is issued and shall diligently prosecute PROJECT to completion 01 agree/chlorine 3 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 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 the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 01 agree/chlorine 4 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the 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 the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or 01 agree/chlorine 5 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 expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its 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. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said 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. 01 agree/chlorine 6 CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the 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 the 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 waiting for materials required by this Agreement to be furnished to 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 nowise 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 the 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 material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 01 agree/chlorine 7 12. DIFFERING SITE CONDITIONS (1) Notice: IThe CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) 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. The 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; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the 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 the 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. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the 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 01agree/chlorine 8 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, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the 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 by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the 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 int. 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 expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit 01 agree/chlorine 9 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 the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an 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 and save harmless, BLACK & VEATCH, CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, 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, and 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 CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 01 agree/chlorine 10 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said 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 maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation 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 insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of 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$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 $1,000,000. Said policy shall name BLACK & VEATCH, CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which 01 agree/chlorine I I may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: "The above-detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar-type limitation." 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 provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 01 agree/chlorine 12 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a 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 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. 23. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon 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. 24. NON-ASSIGNABILITY 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. 25. 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 California Government Code sections 1090 et seq. 01 agree/chlorine 13 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said 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, 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. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. 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 U.S.C. Section 1324a regarding employment verification. 30. 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 01 agree/chlorine 14 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. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name ITS: (circle one)Chairman/President/Vice President Mayor AND ATTEST: By: print name City Clerk ITS: (circle one)Secretary/Chief Financial Officer/Asst. APPROVED AS TO FORM: Secretary-Treasurer City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Public Works jmp/k/agree/form/con-sam/11/6/00 15 SAMPLE CITY AhUNTINGTON BEACH RLS No. REQUEST FOR LEGAL SERVICES Assn To Gail Hutton, City Attorney Date Date: Request made by: Telephone: Department: 11/13/01 David Verone 8471 Public Works INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ❑ Opinion ❑ Stop Notice ❑ Resolution ❑ Lease ® Bond ❑ Meeting ® Contract/Agreement ❑ Deed ❑ Court Appearance ® Insurance ❑ Other: Is Request for Preparation of Contract form attached? ❑ Yes ® No Are exhibits attached? ® Yes ❑ No Unless otherwise specified herein, I If not for Council action, consent to the disclosure of the If for City Council action, desired completion date: informati n co ined in this to all mem a ty il. Agenda Deadline Council Meeting 11/25/01 Signature of Department Head COMMENTS: Routing: Please review and approve"As to Form"the following contract documents furnished by Pascal and Ludwig GCH ❑ Constructors Inc. contractor for the Chlorine Containment Structures Project: CC 1133. PDA ❑ JCB ❑ 1. Payment Bond#6098643 SL ❑ 2. Performance Bond#6098643 WSA ❑ 3. Certificate of Insurance ADL [] 4. Agreement-for signature only(with attachment A) SF ❑ 5. City Business License JM ❑ REFERENCE R.L.S. #2001-0688 ❑ This Request for Legal Services has,been assigned to attorney, , extension His/her secretary is , extension Notes: File Name: Date Completed: WP No.: ❑ Shaded areas for City Attorney's Office use only. PASCAL&LUDW IG CONSTRUCTORS 2049 E FRANCIS STREET ONTARI O,CA 91761 PROPOSAL FOR: CHLORINE CONTAINMENT STRUCTURES CONSTRUCTION CONTRACT NO.CC 113 2001 SEP -y P 153 BID DATE: SEPTEMBER 4,2001 AT 2-00 PM I Q ry) ww a -- - ---- - - - co C o CITY OF HUNTI NGTON BEACH OFFICE OF THE CITY CLERK c`% 2000 MAIN STREET ro o HUNTINGTON BEACH,CA 92648 N 1 i s Willis Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Pascal & Ludwig Constructors (Here insert full name and address or legal title of Contractor) 2049 E. Francis Street, Ontario, CA 91761 as Principal, hereinafter called the Principal, and SAFECO Insurance Company of America (Here insert full name and address or legal title of Surety) 2677 North Main Street, Santa Ana, CA 92705-6623 a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach (Here insert full name and address or legal title of Owner) 2000 Main Street, Huntington Bch, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount Bid - - - - - Dollars ($in - - - ), 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 (Here insert full name,address and description of project) Chlorine Containment Structures Project No..: Construction Contract No. CC 1133 NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 21 day of August 2001 Pascal & Ludwig Constructors (Principal) (Seal) (Witness) 1 �� � Tit e) SAFECO Insurance Company of America (Surety) (Seal) (Witness) SA . JACKSON (Title Attorney-in-Fact printed in cooperation with The American Institue of Architects(AIA)by Willis.Willis vouches that the language In the document cordorms exactly to the language used In AIA Document A310,February 1970 Edition. 1 WC0054 CALIFORNIA ALL-PURPOSE," '(NOWLEDGMENT No.5907 w1k i a State of California County of Orange On August 21, 2001 before me, Christine Maestas, Notary Public DATE NAME,TITLE OF OFFICER-E.G.."JANE DOE,NOTARY PUBLIC" personally appeared Teresa I. Jackson NAME(S)OF SIGNER(S) ❑ personally known to me -OR- ❑ 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. CHMb NEt"Amm WITNE d nd al seal. 2 CommL sion; 1221 Notary PLiblic-CONforni_a Orono County .k.`. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bid Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) 1 ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: August 21, 2001 SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SAFECO Insurance Company of America Pascal & Ludwig Constructors SIGNER(S)OTHER THAN NAMED ABOVE WC-4067/EP 7/94 ©1993 NATIONAL NOTARY ASSOCIATION 9 8236 Remmet Ave., P.O. Box 7184 0 Canoga Park,CA 9 1 309-7 1 84 POWER FECO INSURANCE COMPANY OF AMERICA S ,A F E C O" 'ENERAL INSURANCE COMPANY OF AMERICA Fz` ' OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 No. 10688 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint ssssss*ssss*s*******************************s*s***ssss**T12ESA I.JACKSON;Santa Ana California*::ssss+s*s+s+::ssss*sss+*s+ss*ssss*ssss**::::ssss************ its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,have each executed and attested these presents this 14th day of June 1999 _4R V� 4"4l6&49&(9 R.A.PIERSON,SECRETARY W.RANDALL STODDARD,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal, or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attomey appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I, R.A. Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this August day of 21st 2001 �aE COMp, MTOW SEAL VC SEAL T a 195 O,F p ��p(W� R.A.PIERSON,SECRETARY S-0974/SAEF 7/98 ®Registered trademark of SAFECO Corporation. 6/14/99 PDF Willis Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Pascal & Ludwig Constructors (Hero insert full name and address or legal title ofContraetod 2049 E. Francis Street, Ontario, CA 91761 as Principal, hereinafter called the Principal, and SAFECO Insurance Company of America (Here insert full name and address or legal title of Surety) 2677 North Main Street, Santa Ana, CA 92705-6623 a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City Of Huntington Beach (Here insert full name and address or legal tide of Owner) 2000 Main Street, Huntington Bch, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount Bid - - - - - Dollars ($io% - - - ), 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 (Here insert full name,address and description of project) Chlorine Containment Structures APPROVED AS TO FORM: Project No. : Construction Contract No. CC 1133 CAIL HUTTON, City Attorney B.y: Deputy City Attorney 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 .. i Signed and sealed this 21 day of August 2001 Pascal & Ludwig Constructors (Principal) (Seal) (Witness) t-L.C�� � ie SAFECO Insurance Company of America (Surety) (Seal) (Witness) )k Z. JACKSON (Tide At Printed in cooperation with The Amerlean Institue of Architects(AIA)by Willis.Willis vouches that the language in the document eordoran exactly to the laryuage used In AIA Document 11410,February 1970 Edition. 1 WC0054 CALIFORNIA ALL-PURPOSE ACK"OWLEDGMENT No.5907 State Of Califoxnia County of oxange On August 21, 2001 before me, Christine Maestas, Notaxy Public DATE NAME.TITLE OF OFFICER-E.G.,JANE DOE.NOTARY PUBLIC personally appeared Teresa I. Jackson , NAME(S)OF SIGNER(S) ❑ personally known to me -OR- ❑ 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. CH;1LSUNEMLASTAS WITNE d nd al seal. Commiesion u 12215V Notary Fublic-CCQfc1Tr4a _ Cmng'County ,a ,Cyr r 2-;tM."25,2 0034 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bid Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) 1 ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: August 21, 2001 SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SAFECO Insuxance Company of Amexica Pascal & Ludwig Constxuctoxs SIGNER(S)OTHER THAN NAMED ABOVE WC-4087/EP 7/94 ©1993 NATIONAL NOTARY ASSOCIATION 0 8238 Remmet Ave., P.O. Box 7184 0 Canoga Park CA 91309-7184 POWER Sf )INSURANCE COMPANY OF AMERICA .,S �A F E C O" GE.._.,AL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 No. 10688 NOW ALL BY THESE PRESENTS: hat SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby Dpoint r•rss�r•ssssfsssssi*rss»rw�.rsssrs•s��sttssss►srsss�srIERESAI.JACKSON;Santa Ana,Califomiaas�s��#�ssis»► rsst.ssfssass#sa►sss�� �s�s�ss.s*ri#�ia�i.s#��s s true and lawful attomey(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character sued in the course of its business,and to bind the respective company thereby. I WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and Rested these presents this 14th day of June 1999 -4RQ--�' k� -94"49W1-4 R.A.PIERSON,SECRETARY W.RANDALL STODDARD,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: stticle V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary,and any Assistant Vice President appointed for that irpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to ;acute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any strument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or idertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not i necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. In any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attomey appointment is in full force and effect, 3 signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." RA Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the egoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and rrect,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this August day of 21st 2001 COMp Gpf�atTE`� SJ�� ��D SEAL y, SEAL T s a t953 � �f pASM �aWas� t� R.A.PIERSON,SECRETARY i974/SAEF 7/98 0 Registered trademark of SAFECO Corporation. 6/14/99 PDF CITY OF HUNTINGTON BEACH P.O.BOX 711 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 CITY TREASURER'S OFFICE BUSINESS LICENSE DIVISION PASCAL & LUDWIG CONSTRUCTORS 2049 E FRANCIS ST ONTARIO CA 91761-7721 Dear Huntington Beach Business Owner: Thank you for your payment. Attached is your City of Huntington Beach Business License for the coming year. Please note the expiration date of your license. Approximately one month prior to this date, you will automatically receive your renewal notice for the next year. For commercial locations,please post license in a conspicuous place. Please notify the Business License Department if there are any changes of ownership, address, business names or types of business conducted.Additionally, please notify the city if you discontinue your business. There are many resources available to our licensed business people.We have listed a few that might be of interest and assistance to you. City of Huntington Beach Economic Development Department 714-536-5582 Huntington Beach Chamber of Commerce 714-536-8888 Huntington Beach SCORE (Service Corps of Retired Executives) 714-550-7369 Fictitious Name Information 714-834-5285 State Board of Equalization Resale Number Information 714-558-4054 If you have any questions, please contact the Business License Dept. at 714-536-5267. BUSINESS NAME/ADDRESS Business License LICENSE NBR.: A208332 PASCAL & LUDWIG CONSTRUCTORS DATE ISSUED: � t 09/01/2001 EXPIRATION OWNER/MGR: DATE: 09/O1/2002 A LUDWIG/G LUDWIG THIS LICENSE IS ONLY FOR THE FEE PAID: BUSINESS AND TYPE SHOWN. IT IS FOR 154.50 THE PERSON TO WHOM ISSUED AND IS NON-TRANSFERABLE. RENEWAL IS DUE ON THE EXPIRATION DATE. POST IN A CONSPICUOUS PLACE TYPE CODE: KA r CITY OF HUNTINGTON BEACH 2000 MAIN STREET . CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 12, 2001 , 2001 To: GCI Construction, Inc. 245 Fischer Ave. , Ste. B-3 Costa Mesa, CA 92626 Enclosed please find your original bid bond issued by Travelers Casualty and Surety Co. of America for CC No. 1133 e�f*� 6 Rod�y— Connie Brockway, CMC City Clerk Enclosure g:/followup/cashcon/relurnbidbond.doc (Telephone:714536-5227) BID BOND TRAVELERS CASUALTY AND�IJRETY COMPANY OF AMERICA Hartford,Ce cticut 06183 Bond No. N/A KNOW ALL MEN BY THESE PRESENTS, That we, GCI CONSTRUCTION, INC. as Principal, hereinafter called the Principal,and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,of Hartford,Connecticut, a corporation duly organized under the laws of the State of Connecticut,as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Ohiigee, in the sum Of TEN PERCENT OF THE AMOUNT BID Dollars($ 10% ), for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves, our heirs, executors, administrators,successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for CHLORINE CONTAINMENT STRUCTURES — CONSTRUCTION CONTRACT NO. CC1133 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 Principai shaii pay to the Obligee the difference not to eNgeed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contra;vith another party to perform the Wor{ covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 13 th day of AUGUST 2001 GCI CONSTRUCTION, INC. Mri!ness} {Principal;{Seal] am _ (title) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Waness) B SHAWN BLt E (Aftornay-krFac!) Printed in cooperation with.the American Institute of Architects(AIA) by Travelers Casualty and Surety Company of America, The language in this document conforms exactly to the language used in AIA Document A310, February 1970 edition. g_I R59.0 m7_97, CALIFORNIA ALL-PURPOSE A " lOWLEDGMENT State of California County of Orancie On � ,W before me, Janet L. Russell - Notary Public , GATE 0NAME.TITLE OF FICER.E.G..'JANE DOE,NOTARY PUBLIC personally appeared Q �� NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ 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 ac- knowledged 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. JANET L. RUSSELL N �A Comm.11166123 N WITNESS my hand and o . ial seal. NOTARY PUBLIC•CALIFORNIA Orange County My Comm.Expires Dec.21,2001 a et L. RUSSeljIGNATUR OFNOTARY Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED El GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTRY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 80-1133 3/94 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave..P.O.Box 7184-Canoga Park.CA 91309-7184 STATE OF CALIFORNIA SS. COUNTY OF RIV1ERSIDE On i ` D ,before me, R. STANULEY PERSONALLY APPEARED SHAWN BLUME personally known to me �.ar-A-&-or elAdepw to be the personfs} whose name(t}- is/.ra subscribed to the within instrument and acknowl- edged to me that he4h4ae3=executed the same in his/ -ham authorized capacity, and that by his/hey/ -heir signature($•}on the instrument the person(s}, or the entity upon behalf of which the person&)-acted, executed i m't: R. STANDLEY the instrument. ,! NOTARYDMMe#C12632O7 CALIFORNIA RIVERSIDE COUNTY My Comm.Expires Jura 7,2004 WITNESS my hand and official seal. Signature _f M ' _ T _ This area for Official Notarial Seal OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rcv.6/94 ALL-PURPOSE ACKNOWLEDGEMENT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRA'�-,:-ARS CASUALTY AND SURETY COMPANY A&M[INGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLE901S Naperville,Illinois 60563-8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT, KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly- organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Michael D. Stong,Shawn Blume or Susan C. Monteon* * of Riverside, CA, their true and lawful Attorneys)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States,or,if the following line be filled in,within the area there designated the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking and any and all consents incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact,pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President, any Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President, any Secretary, any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (8-97) GCI CONSTRUCTION, INC. 245 FISCHER AVENUE, STE. B-3 COSTA MESA, CA 92626 (714)957-0233,FAX(714)540-1148 G fC%" tK CI[Y CLEf;fs OF CITY OF HUN Fi;;.}; 0;; DEACH. CA 1IUtITINGT0i4 f3CACH. CA 2001 SEP —ta P I: 55 [CUI SEr, —,!I P 155 CITY OF HUNTINGTON BEACH OFFICE OF THE CITY CLERK Second Floor 2000 Main Street Huntington Beach, CA 92648 "SEALED BID FOR": CHLORINE CONTAINMENT STRUCTURES CASH CONTRACT NO. CC 1133 w • SECTION C PROPOSAL for the CHLORINE CONTAINMENT STRUCTURES CONSTRUCTION CONTRACT No. CC 1133 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 220 calendar 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$_ 10010 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 Huntington Beach Chlorine Containment Structures (CC-1133) Bid Schedule Item Description Size- Quantity Unit Unit Price Item Total No. Mobilization, Demobilization and Cleanup: Furnish labor, CO CO 1 materials,equipment and 1 Sum $75,OW, $?��� incidentals for mobilization, disposal of spoil material,and cleanup of the site. Deliver&Install TGO ChlorTainer:Transport TGO vessel containers from City storage location to well site 2 and furnish labor,tools, 4 Each $ 5 d� �� $ 6�,00 ancillary materials necessary to complete all work required to install the city furnished chlorine vessels,fixed loaders and all appurtenances. Furnish &Install Pre- CC Engineered Metal Buildings: 15' by 25' 3 Each Furnish labor,equipment,and 3 materials and complete all work required to install the CZ buildings according to 20' by 25' 1 Each $ $ ' specifications. Furnish&Install Electrical Chain Hoist,Hand Geared Trolley with Runway Beam: QO 4 Furnish labor,equipment,and 4 Each $ � �`�(�. $ 71 materials and complete all work required to install equipment. Furnish &Install Gas Chlorinators: Furnish labor, 5 equipment,and materials and 8 Each $ ( �7�' $ I A00 complete all work required to (�C�J install gas chlorinators to TGO ChlorTainer. Furnish&Install PVC Pipe and Fittings: Furnish labor, equipment,and materials and 6 complete all work required to 3/8" 170 Feet $ °oo $ �f install the vacuum tubing including the pipe supports as required at all well sites. C-3 Furnish&Install Electrical Components: Furnish labor, equipment,and materials and 7 complete all work required to 1 Lump $ $ * supply power to all equipment Sum p 606� L and lighting fixtures at all well sites. Furnish&Install 6' Masonry Wall at Well 6 8 Site: Furnish labor, 1 Lump $ $ equipment,and materials and Sum gjr7(� od complete all work required to construct masonry wall. Construct 18"Slab on Grade: Furnish labor, 15' by 25' 3 Sq. Feet $ 1,915W,°O $ 9 equipment,and materials and complete all work required to construct the concrete slab. 20' by 25' 1 Sq. Feet Concrete Encasement for 18"RCP at Well 10: Furnish labor,equipment,and Lump a0 10 e Ow materials and complete all 1 Sum $ gl� $ work required to encase RC Pipe. Incidental Site Modifications at Well 10: Furnish labor,equipment,and 11 ancillary materials for: 1) 1 Lump $ �7'666!cd $ I,5/666°t Minor regrading,2)Chain Sum Link Fence,3)Concrete encasement and 4)Irrigation sprinkler relocation. 12 Total Amount Bid Total C-4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number 3M /2%7 tkAh ar&Womfoswn r --(W �o btu QMO Rt&t - -CJ' 3577,3�- 411tli � 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 ppj,e i. C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn deposes and says that he or she is s_ r 'U�TP�L$Ur2,l' of( �� U �O11� _ the party making the foregoing bid tTiat 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 Sigoeture of Bidder 7=of Ililrl-Trels 2- E5 Fi WE, s Address of Bidder Subscribed and sworn to before me this S+day of US�, 200 l JANET L. RUSSELL Comm.A 1166123 N ` NOTARY PUBLIC-CALIFORNIA .. Orange County My Comm. Expires Dec.21,2001 NOTARY PUBLIC NOTARY SEAL C-6 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CHLORINE CONTAINMENT STRUCTURES (CC — 1133), (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. ZA--ya( (12risff U +won,,.jj)0-► . Contractor BY Md(,( I rub Title Date: C-7 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 4JNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-8 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. aoo Q11 I Contractor By Title Date: C-9 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By uTrau Ur� Title Date: n. ou— Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-10 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address dl�-k a Gq92-&Aa, - City, State Zip (70 ) q 57-0z3� Telephone Number -7n5,�5-':X0 8kss Afl State Contractor's License No. and Class Original Date Issued 0 Expiration Date The work site was inspected by 61- of our office on �"r6 , 200 . The following are persons, firms, and corporations having a principal interest in this proposal: C-11 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. lam,( 12 L]I l AW) 1 lG Company Name Signatur of Bidder h1ad Printe or Typed Signature Subscribed and sworn to before me this 3�ay of (SP , 200E. Y ANET L. RUSSELL Comm.A 1166123 (n NOTARY PUBLIC•CALIFORNIA Orange County My Comm. Expires Dec.21,2001 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-12 G C I CONSTRUCTION, INC. FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of June 30,2001 CONTRACT CUSTOMER NAME & ADDRESS JOB#/LOCATION AMOUNT CITY OF ANAHEIM 038 Illinois Street Water Main Replacement Project 565,720 200 S. Anaheim Blvd. Anaheim , CA 92805 (714) 765-5100 CITY OF FOUNTAIN VALLEY 017 Park&Ride Lot at the Fountain Valley 166,669 10200 Slater Avenue Recreation Center Fountain Valley,CA 92708 (714)593-4400 _ CITY OF INDUSTRY 077 Parriott Place West Street Improvements 1,614,179 INDUSTRY URBAN-DEVELPMT.AGENCY 15651 E. Stafford Street City of Industry, CA 91744 (626) 333-2211 CITY OF LAGUNA BEACH 025 Virginia Park Drive, Skyline Drive & Vista 315,315 505 Forest Avenue Lane Storm Drain Laguna Beach, CA 92651 059 Park Avenue Storm Drain Improvements 52,604 (949)497-0351 CITY OF MISSION VIEJO 089 La Paz/MuirlandsIntersection Improvements _809,720 25909 Pala Suite 200 W��_______._---_--___-- Mission Viejo, CA 92691 (949)470-3052 CITY OF NEWPORT BEACH 009 Water Line Replacements&Alley 26,243 3300 Newport Blvd. Reconstruction Marcus Newport Beach,CA 92658-8915 i 012 Jamboree Road Sewer Improvement 139,730 (949)644-3311 1 018 Central Balboa Water,Sewer&Alley 495,804 Improvements&West Newport Beach Main Replacement,Phase II 040 32°d St./NewportBlvd. Street Rehabilitation& 524,288 30' St./Newport Blvd. Storm Drain Improv. 069 Bayside Drive Storm Drain Improvements 267,905 082 Newport Dunes Storm Water Diversion 60,065 091 Comm.Of Beacon Bay Assmt.Dist.No. 79 658,115 Street,Drainage,Lighting&Utility Improvement and City Sewer Replacement CITY OF ROSEMEAD 013 Storm Drain Improvements 330,031 8838 East Valley Blvd. Rosemead,CA 91770 (626)288-6671 CITY OF TORRANCE 016 Construction of CMP Replacement Program 1,021,000 3031 Torrance Blvd. 1998-199 026 Construction of Arnie Avenue G:Vanet\GCNOBLIS'nGCI REFERENCE SHT.doc Page 1 of 4 G C I CONSTRUCTION, INC. FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of June 30,2001 CONTRACT CUSTOMER NAME & ADDRESS JOB#/LOCATION AMOUNT Torrance,CA 90509-2970 Retention Basin Force Main 423,078 (310)618-2820 090 Emergency Channel Stabilization 25,920 COUNTY OF ORANGE 071 Santiago Canyon Road/Transportation 331,299 CONSTRUCTION DIVISION Corridor—Drainage Improvements P.O. Box 4048 Santa Ana, CA 92702-4048 (714) 567-7812 C.W.DRIVER , 035 "Perilous Plunge"-Utilities 215,583 7442 North Figueroa Street I Los Angeles, CA 90041-1710 (323)259-8600 EL CAMINO ENCLAVE 036 Falda Avenue,Torrance(Underground) 238,834 561 W. Rincon Street Corona, CA 91720 (909) 725-8616 i GORDON&WILLIAMS j 003 East L.A.Recycling&Transfer Station 313,144 2 Faraday 010 Coasters Restaurant-Knott's Berry Farm 12820 Irvine, CA 92628 j 081 Farmers Market-E, O, & P—Los Angeles 141,730 (949) 588-2855 IRVINE RANCH WATER DISTRICT 001 Bonita Creek Park Trunk Sewer Relocation 621,100 15600 Sand Canyon Avenue Irvine,CA 92618 (949)453-5585 _ f _ JOHN LAING HOMES ( 037 Laing Homes Meadowlark Utilities- Tract 99,981 19600 Fairchild, Suite 150 15472 Irvine, CA 92612 I (949)476-9090 Ext. 230 j KNOTT'S BERRY FARM O10 Coasters RestaurantKnott's Berry Farm 12,820 8039 Beach Blvd. 023 "Wipe Out" & "Scrambler" 71,031 Buena Park, CA 90620 ; 027 "Soak City"Demo 123,882 (714)220-5227 i 028 Parking Lot Rehab for Restriping 51,309 029 Employee Parking Lot 29,418 030 "Soak City"—Water Lines 13,000 031 Mechanical Pump Buildings-"Soak City" 899,999 032 "Soak City"Grading 572,073 033 "Soak City"- Utilities 498,067 034 "Perilous Plunge" -Demo 159,750 039 Cross Town Sewer 210,708 041 "Soak City"—Asphalt Paving 170,394 043 "Soak City"—Concrete Flatwork 753,828 G:Uanct\GCNOBLIMGCI REFERENCE SHT.doc Page 2 of 4 G C I CONSTRUCTION, INC. FORMERLY:GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of June 30,2001 CONTRACT CUSTOMER NAME & ADDRESS JOB#/LOCATION AMOUNT 044 "Soak City"—Wall #1 for Ramp to Bridge 94,590 046 Grand Avenue Drop Off-Knott's Berry Farm 102,136 052 Retaining Wall & Bridge Abutment-Soak City 305,293 054 Stanton Avenue Phase-1 136,071 055 Housekeeping Pads—"Soak City" 9,812 LOS ANGELES COMMUNITY 063 Certain Domestic Underground Water Mains- 238,103 COLLEGE DISTRICT East Los Angeles College Facilities Planning& Development 770 Wilshire Blvd. Los Angeles, CA 90017 (213) 891-2480 _ LOYOLA MARYMOUNT UNIVERSITY 002 L.M.U.Export-Playa VistaVW 716,502 7900 Loyola Blvd. Los Angeles,CA 90045-8370 (310)338-7762 MISSION VIEJO CHRISTIAN CHURCH 011 Mission Viejo Christian Church 11,222 27405 Puerta Real Suite 360 Mission Viejo, CA 92691 (714) 768-0209 MR.JOHN THORSELL ! 006 Water Line Relocation-Dana Point 13,709 1 Santa Lucia Dana Point, CA 92629 (949)448-8722 I NEWPORT MESA UNIFIED SCHOOL 076 Grading Improvements for Construction of 12,005 DISTRICT Preschool at Whittier Site 2985-E Bear Street Costa Mesa, CA 92626 € (714) 424-7528 OAKHILL DEVELOPMENT 068 35386 Camino Capistrano,Lot 57,Tract 1127, 99,260 1048 Irvine Blvd., #363 Dana Point Newport Beach, CA 92660 (949) 574-9164 ORANGE COUNTY WATER DISTRICT 048 Santiago Creek Recharge Project 352,956 10500 Ellis Avenue Fountain Valley, CA 92728 (714) 378-3305 i PACIFIC BUILDING INDUSTRIES 3190-K Airport Loop Drive 024 Bayside Restaurant-Newport Beach Costa Mesa, CA 92626 (714) 755-0299 2,700 G:Vanet\GCIUOBLIST\GCI REFERENCE SHT.doc Page 3 of 4 G C I CONSTRUCTION, INC. FORMERLY:GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of June 30,2001 CONTRACT CUSTOMER NAME & ADDRESS JOB#/LOCATION AMOUNT PERDOMO BLT ENTERPRISES,LLC 003 East L.A.Recycling and Transfer Station 313,144 511 Spectrum Avenue Oxnard CA 93030 (805)278-8220 PLAYA CAPITAL COMPANY,LLC 004 Placement of LMU Import Material 132,470 12555 West Jefferson Blvd.,Suite 300 Los Angeles, CA 90066 (310) 822-0074 PORT OF LONG BEACH 022 Removal of Nicholson Avenue Ramp 128,153 925 Harbor Plaza Drive,4'Floor I Long Beach,CA 90801 (562)437-0041 SOUTH COAST WATER DISTRICT 007 Coastal Treatment Plant- Export Sludge Force 93,109 31592 West Street Main Phase III Laguna Beach,CA 92607 015 Camino De Estrella Sewer Main 110,767 (949)499-4555 058 Pacific Coast Hwy. 12"Water Main,Dana Point 1,108,766 058-C101-106 Holtz Hill Waterline,Dana Point SOUTHERN CALIFORNIA WATER 045 Albertoni Blvd.,East of Avalon Blvd.- 12"DI 142,229 COMPANY Pipe Watermain Installation 17140 South Avalon Blvd., Suite 100 047 Inglewood Avenue 12"DI Pipe 251,790 Carson, CA 90746 049 223`d Avenue,Hawiian Gardens-Watermain 217,257 (310) 767-8205 050 224'Avenue,Hawiian Gardens-Watermain 223,773 051 Brittain Avenue,Hawiian Gardens-Watermain 241,993 TRI CORPS ENGINEERING 1 075 Aliso Viejo Desilting Basins 42,750 7005 Hwy. 215, Frontage Road Moreno Valley, CA 92553 (909) 369-9396 WALNUT VALLEY UNIFIED SCHOOL 008 Morning Sun Landslide Site-Walnut _ 25,392 DISTRICT 073 Morning Sun St. Grading& Storm Drain 71,816 880 South Lemon Avenue Walnut, CA 91789 (909) 595-1261 Ext. 1378 G:Vanet\GCIUOBLISTI GCI REFERENCE SHT.doc Page 4 of 4 i CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 12, , 2001 TO: S.S. Mechanical Corp. 17631 Metzler Lane Huntington Beach, CA 92647-6244 Enclosed please find your original bid bond issued by Washington International Insurance Company for CC No. 1133 dm W,� 044e�; Connie Brockway, CIVIC City Clerk Enclosure g:/followup/cashcon/returnbidbond.doc (Telephone:714-536-5227) BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That We, S.S. MECHANICAL CORP. (hereinafter called the PrincipaQ,as Principal,and WASHINGTON INTERNATIONAL INSURANCE COMPANY,a corporation organized and doing business under and by virtue of the laws of the State of Arizona,and duly licensed for the purpose of making,guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the just and full sum of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars($ 107 1 lawful money of the United States of America,for the payment of which,well and truly to be made,we hereby bind ourselves and our and each of our successors and assigns,jointly and severally,firmly be these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,WHEREAS,the above bounden Principal as aforesaid, is about to hand in and submit the Obligee a bid or proposal for the CHLORINE CONTAINMENT STRUCTURES CONSTRUCTION CONTRACT NO. CC 1133 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW,THEREFORE,if the bid or proposal of said principal shall be accepted,and the contract for such work be awarded to the principal thereupon by the said obligee,and said principal shall enter Into a contract and bond for the completion of said work as required by law,then this obligation to be null and void;otherwise to be and remain in full force and effect. IN WITNESS WHEREOF,said Principal and said Surety have caused these presents to be duly signed and seated this 29TH day of AUGUST 2001 S.S. MECHANICAL C RP. By STEV S , RESIDENT WASHINGTON INTERNATIONAL IN RANCE COMPANY By ,,�--�� D.J. PICARD Attorney—in—Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On AUGUST 29, 2001 before me, _ SEJAL PATEL, NOTARY PUBLIC , DATE NAME•THE OF OFFICER-F_Gi WE DOE.NOTARY PUBLIC- personally appeared D.J. PICARD NAME(S)of MNER(S) personally known to me - OR - ❑ to be the person(rs) whose name(s) isl4 m subscribed to the within instrument and ac- knowledged to me that he/ executed the same in his/Ian authorized gEJAL PAS m capacity(i , and that by his/knit coMM *tizsb�sa Signatures) on the instrument the person(s), public-�alitornia :. NIIt6�GE co"" 204 or the entity upon behalf of which the W?;=�'f MyComsn E 'NaV person( ) acted, executed the instrument. WITNESS my hand and official seal. V S1GMTURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BOND .ems) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 1 FA ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: AUGUST 29, 2001 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENMOES) N/A WASHINGTON INTERNATIONAL INSURANCE SIGNER(S)OTHER THAN NAMED ABOVE COMPANY WASHINGTOiv INTERNATIONAL INSURANCt- COMPANY POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That the Washington International Insurance Company,a corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of Itasca,Illinois does hereby constitute and appoint D.J.PICARD, TODD M.ROHM,CATHY S.KENNEDY AND BEATA A.SENSI EACH IN THEIR SEPARATE CAPACITY its true and lawful attorneys)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances,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,and the execution of such instrument(s)in pursuance of these presents,shall be as binding upon the said Washington International Insurance Company as fully and amply,to all intents and purposes,as if the same has been duly executed and acknowledged by its President and/or its principal officers. This Power of Attorney shall be limited In amount to$7,500,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and October 21, 1986 which read,in part,as follows: 1. The Chairman of the Board,President,Vice President,Assistant Secretary,Treasurer and Secretary may designate Attorneys-in-Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and to appoint Special Attomeys-in-Fact,who are hereby authorized to certify copies of any power-of-attomey issued in pursuant to this section and/or any of the By-Laws of the Company,and to remove,at any time,any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board,the President,Vice President,Assistant Secretary,Treasurer and Secretary, and the corporate seal of the Company,may be affixed to any Power of Attorney,certificate,bond or undertaking relating thereto,by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. IN TESTIMS�lY�YV EREOF,the-Washington International Insurance Company has caused this instrument to be signed and its corporate seal to be a .!}t�IalSittpfized officer,this 29th day of September, 1999. �: • '•.�``+' WASHI INTE ATIONAL INSURANCE COMPANY 171 �, 1•'•. �'�� Steve P rson,Senior Vice-President COUN7II<1bFj000k3 ` On this 29th day of September, 1999,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 Washington International Insurance Company;that the seal affixed to said instrument is the Corporate Seal of said Company; IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,the day and year first above written. wVVVVVw CIAL SEAL MIN A PATEL (N70:TARYBLIC,STATE OF ILLINOIS Ya A. Patel, Notary Public SSION EXPIftES:Os/1e/02 My ommission Expires August 18,2002 CER �.,M*,'r,�:t�^'�Rnrvw STATE OF ILLINOIS) COUNTY OF COOK) I, the undersigned, Vice-President of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked,and furthermore that Article III,Section 5 of the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney,are now in force. Signed and sealed in the County of Dupage. Dated the 29TH day of AUGUST 2001 James A arpenter,y ice-President S.S. Mechanical Corp. 17631 Metzler Lane 6" Huntington Beach, CA 92647-6244 ` '.%it { CITY OF f'uflTiNG T ON BEt',", CA "SEALED BID" CHLORINE CONTAINMENT STRUCTURES i CONSTRUCTION CONTRACT NO. 1133 ® CITY OF HUNTINGTON BEACH 1 ®O NOT OPEN WITH REG MAIL®® Bid ®ate: SEPTEMBER. 4, 2001 @ 2:00 p.m. i i i City of Huntington Beach ATTN: City Clerk, Second Floor , tom ; 2000 Main Street >_j Huntington Beach, CA 92648 , o _ _a c-j f SECTION C r PROPOSAL for the CHLORINE CONTAINMENT STRUCTURES CONSTRUCTION CONTRACT No. CC 1133 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 220 calendar days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts,and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. Bidder's Accompanying this proposal of bid, find Bond in the amount of$ ---10/--- which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received hl Bi is Signature 1 8 3 0 01 Steven Stump C-2 Huntington Beach Chlorine Containment Structures(CC-1133) Bid Schedule Item Description Size-Quantity Unit Unit Price Item Total No. Mobilization, Demobilization and Cleanup: Furnish labor, Lump 1 materials,equipment and 1 Sum $P�j 000-1— $ �06V incidentals for mobilization, disposal of spoil material,and cleanup of the site. Deliver&Install TGO ChlorTainer: Transport TGO vessel containers from City storage location to well site 2 and furnish labor,tools, 4 Each $ a. ©, $ ancillary materials necessary ) - to complete all work required to install the city furnished chlorine vessels,fixed loaders and all appurtenances. Furnish &Install Pre- Engineered Metal Buildings: 15' by 25' 3 Each $ cj�G,pp,°� $ � Furnish labor,equipment,and 3 materials and complete all work required to install the buildings according to 20' by 25' 1 Each $ ! (,logo specifications. Furnish &Install Electrical Chain Hoist,Hand Geared Trolley with Runway Beam: 4 Furnish labor,equipment,and 4 Each $ 6-L j,- ,wv, materials and complete all work required to install equipment. Furnish &Install Gas Chlorinators: Furnish labor, 5 equipment,and materials and 8 Each $ a $ complete all work required to install gas chlorinators to TGO ChlorTainer. Furnish&Install PVC Pipe and Fittings: Furnish labor, equipment,and materials and 6 complete all work required to 3/8" 170 Linear $ ®� $ ab install the vacuum tubing Feet Q e� including the pipe supports as required at all well sites. C-3 Furnish&Install Electrical Components: Furnish labor, equipment,and materials and 7 complete all work required to 1 Lump $ $ supply power to all equipment Sum �p� and lighting fixtures at all well sites. Furnish &Install 6' Masonry Wall at Well 6 8 Site: Furnish labor, 1 Lump equipment,and materials and Sum complete all work required to construct masonry wall. Construct 18"Slab on Grade: Furnish labor, 15' by 25' 3 Sq.Feet $ 0,co $ Off;'- 9 equipment,and materials and complete all work required to construct the concrete slab. 20' by 25' 1 Sq. Feet $ el $ Concrete Encasement for 18"RCP at Well 10: Furnish 10 labor,equipment,and 1 Lump $ materials and complete all Sum 0/Off /J✓ ,� work required to encase RC Pipe. Incidental Site Modifications at Well 10: Furnish labor,equipment,and ancillary materials for: 1) Lump 11 Minor regrading,2)Chain 1 Sum $ JrY�j � $ Link Fence,3) Concrete encasement and 4)Irrigation sprinkler relocation. 12 Total Amount Bid Total Is C-4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number 4, 332 '13 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Steven Stump being first duly sworn, deposes and says that he or she is President of S.S. Mechanical Corp. 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. S.S. Mechanical Corp. Name of Bidder Steven Stump Signatur Bi er 17631 Metzler Ln, Huntington Beach,CA 92647 Address of Bidder Subscribed and sworn to before me this 4th day of Sept. , 200 1 r- MYRA J.PORTER Comm.*1250442 �y NOTARY PUBLIC-CALIFORNIA q ORANGE COUNTY My Comm.E*ms Jan.14,2004 IL NOTARY PUBLICP�;;Vyra Porter NOTARY SEAL C-6 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CHLORINE CONTAINMENT STRUCTURES (CC — 1133), (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. S.S. Mechanical Corp. Contractor By Steven Stump, President Title Date: Sept. 4, 2001 C-7 DISQUALIFICATION QUESTIONNAIRE r 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? 0 Yes M No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-8 COMPENSATION INSURANCE CERTIFICATE Y 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. S.S. Mechanical Corp. Contractor By Steven Stump, President Title Date: Sept. 4, 2001 C-9 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-10 - f BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: S.S. Mechanical Corp. Bidder Name 17631 Metzler Lane Business Address Huntington Beach CA 92647 City, State Zip ( 714 )847-1317 Telephone Number 686371 A HAZ State Contractor's License No. and Class 3-31-93 Original Date Issued 3-31-02 Expiration Date The work site was inspected by Steven Stump of our office on Sept. 4th , 2001. The following are persons, firms, and corporations having a principal interest in this proposal: Steven Stump President, Secretary, Treasurer & Manager C-11 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. S.S. Mechanical Corp. Company Name Signature of Bidder Steven Stump Printed or Typed Signature Subscribed and sworn to before me this 4th day of September , 2001 MYRA J.PORTER Comm.#1250442 D NOTARY PUBLIC•CALIFORNIA ORANGE COUNTY My Comm.Expir"Jan.18,2004 NOTARY PUBLIC Myra Porter 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. ( See attached 'Experience Data' Listing) Name and Address of Public Agency. Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No.of Project Manager: Contract Amount Type of Work Date Completed C-12 .44LIG-30-2001 11:18 "'1NTINGTON BEACH 714 374 1573 P.01i01 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714)536-5431,Fax (714)374-1573 ADDENDUM NUMBER ONE For CHLORINE CONTAINMENT STRUCTURES CONSTRUCTION CONTRACT NO. CC-1133 August 30, 2001 Notice to All Bidders: Please note the following revision to the project Plans,Specification, and Technical provisions: On Sheet C-1,Construction Notes shall be modified as follows: 1. In addition to the installation of all standard equipment included with the TGO Cblortainer,the Contractor shall supply and install one Capitol Controls Advance Gas Chlorinator Series 48105 per Well Site or equal,Each Series 48105 Chlorinator consists of two vacuum regulators,one automatic switchover,one remote meter,and one ejector with check valve. 2. Contractor to determine field routing and exact distances for 3/8'PVC vacuum tubing from vacuum regulator to existing ejector. Contractor to provide all material and equipment needed to mount or tie down the PVC tubing as required. On Sheet C-2,Construction Note 4 shall be modified as follows: 4. In addition to the installation of all standard equipment included with the TGO Chlortainer,the Contractor shall supply and install two Capital Controls Advance Gas Chlorinator Series 4810 per Well Site or equal. Each Series 481C3 Chlorinator consists of one vacuum regulator. 5. Contractor to determine field routing and exact distances for 3/8"PVC vacuum tubing from vacuum regulator to existing switebover assembly located within the adjacent building. Contractor to provide all material and equipment needed to mount or tie down the PVC tubing as required. This is to acknowledge receipt and review of Addendum Num r one dated August 30,2001 S.S. Mechanical Corp. _ Steven Stump Company Name August 30, 2001 Date All bidders must acknowledge the receipt or this Addendum with your bid proposal TOTAL P.01