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Paulus Engineering, Inc. - PEI - 2012-10-15
_., .. '..,y(- ...✓. .,..✓,.. ., .. `�r,.�..ys .,-x~•,'"J., RECEIVED B,,Y: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office C.-'(Name) j:- after signing/dating (Date) ©, CITY OF FIUNTINGTON BEACH . INTERDEPARTMENTAL COMMUNICATION TO: Sha07'reidenrich, City Treasurer ',/ FROM: ._..�'T _L i DATE: °mil 64�- i l SUBJECT: Bond Acceptance J .� C�S have received the bonds for f �>��/�CL_ '%' ' (company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. l r� Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. f CC No. MSC No. Approved A/ Agenda Item No. (Council Approva`I Date) City Clerk Vault No. #27 g:/followup/bondletter.doc City of Huntington Beach 101�j INTER-DEPARTMENT COMMMUNOCATDON HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Joseph Dale, Contract Administrator DATE: 3121113 SUBJECT: Retention Release Payment Company Name: Paulus Engineering, Inc. Address: 2871 East Coronado Street City, State and Zip Code: Anaheim, CA 92806-2504 Phone Number: (714) 632-3975 Business License Number: A187410 Local Address: N/A Notice of Completion Date:2/05/13 Contract Purpose: Springdale Water Main Extension Project-CC-1436 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this ime. Date Travis K. Hop ns, Public Works Director I certify that there are no outstanding invoices on file. 51.-o Date Joyce Zack , puty 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. Date Joan Flyn ity Cie k i t i f Certification of Compliance with Title VU of the Civil Rights Act and Equal Employment Opportunity Act of 1972 _ i l To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O.Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 ;. Contract: CAI I L4 3�e Project: Se y-i G t-)A c_.: (A)+¢ -raip- LD � I j. The undersigned contractor on the above-zeferenced project {"Project') hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its } establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). i I declare under penalty of perjury under the laws of the State of California that the foregoing is i. true and correct. _ day of� ,2Q at , California. ' Executed this y 4e i i 4 c.sc S 11 �t c (Type Contractor Name) 1 By. Name: [Type N e 'a Title: Type Title R R g- 1 , i 245411.1 f t i COIF H OR'S CERT'IFICAi E � t state and certify that: (Name of Declarant) E is the general contractor to the City of Huntington Beach C"City") on Contract No. C/ q 3(o (the "Contract") for the construction of the public work of improvement entitled: f i (the"Project"), 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.beiow and the disputed claims listed in paragraph five(5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied(list unpaid debts and claims;if none,write"NONE'): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services,materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of Califomia (list all disputed claims;if none,write"NONE" a I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. / }��(1� Q � 1 day of £'iS , 20J3 . Executed at vw` on this _ f (Sign of Declarant) APPROVED AS TO FORM { I f B r ` —U 3• Za E �17li0 .. Name: [Type Name] Title: [Type Title] 1 245914.1 f t I Certification of Compliance with Prevailing Wage Laws ))I i To: City of Huntington Beach i Department of Public Works 2000 Main Street/P.O. Box 190 I Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws 3 • 1 Contract: CC 1 U3t^ Project: See-►IBC-DA I-c W 0:1,e e M P, ,0 ! The undersigned contractor on the above-referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage-rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. . Executed this �day of ,20L-�, at , California. i { i (Type Contractor Name) 3 By. Name: [Type Nate]�1Az5an6� S 1 Title: [Type 1 it CITY ATTty1RNEY r 1 "TLS o3 a'b c srrsez. RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) HBCITY OF HUNTINGTON REACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: 07--L1 L=�� DATE: � � � SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. � c5 d Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved �� Agenda Item No. (Counci Approv Date) City Clerk Vault No. (/Q� � #27 g:/followup/bondletter.doc EXECUTED IN TWO COUNTERPARTS BOND#MAINTENANCE BOND PREMIUM: : INCLUDED PREMIUM: INCLUDED IN PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That: PAULUS ENGINEERING, INC. (contractors name] 2971 F._ CORONADO STREET, ANAHEIM CA 92806 tcontractor's street address,city and state and zip code] as Principal (hereinafter called Contractor),and: NORTH AMERICAN SPECIALTY INSURANCE COMPANY (surety's name] 6 HUTTON CENTRE DR. , SUITE 850, SANTA ANA, CA 92707 [surety's street address,city and state and zip code] a corporation organized and existing under the laws of the State of NEW HAMPSHIRE with its principal office in the.City of SANTA ANA, CA as Surety (hereinafter called Surety), are held firm! bound unto CITY OF HUNTINGTON BEACH as Obligee(hereinafter called Owner), in the amount of ON HUNDRED TWENTY-NINE THOUSAND NINE HUNDRED TWENTY-FOUR & NO/100 Dollars ($ 129,924.00 } 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_OCTOBER 23, 2012 entered into a contract with Owner for the SPRINGDALE WATER MAIN EXTENSION CC-1436 in accordance with drawings and specifications prepared by which contract is by reference made a part hereof(hereinafter referred to as the Contract);and WHEREAS,the Contract provides that the principal will guarantee, for a period of one year, the work performed as part of the Contract from and against all defects in materials and workmanship; and WHEREAS, the Contract also provides that the Contractor shall secure Contractor's obligations during the one- year period with a bond executed by a surety duly admitted in the state of California;and WHEREAS, the Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be EERRII&EY 5 . 20 13. NOW, THEREFORE, THE CONDITION OF THiS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shalt be null and void;otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within thirty(30) following Owner's written notice of default, either: (a) remedy the default, or(b) shall promptly complete the Contract In accordance with its terms and conditions. Surety shall save the Owner harmless from any claims, judgments, liens or losses arising from the Surety's failure to either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner. Whenever the Principal shall be, and declared by the Owner to be In default under the Contract, which shall include without[imitation, any breach or default of the Contract, then, after written notice from the Owner to the Surety, as provided for below, the Surety shall either; (a) remedy the default or breach by the Principal; or(b) shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal, at its own expense, and make available 10 2567l50583 as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder, provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner. Within thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, It shall be the duty of the Surety to give to the Owner a notice, in writing, of the Surety's election to (a) remedy the default(s) of the Principal promptly, or (b) arrange for performance of the Contract promptly by a contractor other than the Principal, time being of essence to this Bond. In said Notice of Election, the Surety shall state the date of commencement of its cure or remedy of the Principal's default(s) or its performance of the Contract. The Surety's obligations for cure or remedy, include but are not limited to: correction of defective work and completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to act; and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance by the Principal). The Surety shall give prompt written notice to the Owner upon completion of the cure or remedy of the Principal's default(s) of its performance of the Contract if the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's default(s) of its performance of the Work within thirty(30) days after receipt of a written notice from Owner, Surety shall be deemed to be in default on this bond, and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the successors of Owner. Signed and sealed this 13TH day of FEBRUARY 20 13 Principal Raised Corporate Seal PAULUS ENGINEEVNG, INC. [MUST BEAFFIXED} "° (Co1'ctor Name) By (Seal) Principal Raised Corporate Seal us [MUST BE AFFIXED] (Title) NORTH AMERICAN SPECIALTY INSURANCE COMPANY S Name) By: eai) CHARLE F E ATTORNEY—IN—FACT NOTES: 1. Acknowledgments must be completed and returned as part of the bond. VED�S TO ® 2. Raised Corporate Seals are mandatory, RM 3. Please attach Power of Attorney. � OGRATH,City AttDrUPY 2 10-2567/50583 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 2-13-13 before me, Lexie Sherwood, Notary Public Date Here Insert Name and Title of the Officer personally appeared Charles L. Flake Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the LEXIE SHERWOOD person(s), or the entity upon behalf of which the person(s) COMM.#1856389 ig acted, executed the instrument. (� NOTARY PUBLIC•CALIFORNIA n ORANGE COUNTY - I certify under PENALTY OF PERJURY under the laws of Comm.Exp.DULY 27,2013 the State of California that the foregoing paragraph is true -- and correct. Witness my hand and official seal. Signature Place Notary Seat Above Signature of Nota Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited❑ General ❑ Partner—❑Limited❑General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ° Will, ❑ Trustee ° ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of th7here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CHEM NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: DAVID L.CULBERTSON,CHARLES L.FLAKE,RICHARD A.COON, and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9d'of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." ��������IpU7Y j����ip a�9nM�aNaauoraa ���yQ OfiPOq,� sG% d`\ apI%OOgj 4ysBy `y Steven P.Anderson,Senior Vice President of Washington International Insurance Company SEAL &Senior Vice President of North American Specialty Insurance CompanyO p' ty s f: inn e By David M.Layman,Vice President of Washington International Insurance Company �nrtmruiaumm`�� - &Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this20th day of June 2012 North American Specialty Insurance Company Washington International Insurance Company State.of Illinois County of Cook ss: On this 20th day of June 2012 before me,a Notary Public personally appeared Steven P.Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL SEAL" DONNA D.SKLENS Notary Public,State of Illinois Donna D. Sklens,Notary Public My CoawissionExpires 1 010 6/20 1 5 I, Jeffrey Goldberg__the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 13th day of February 120 13 1n -ee Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange On 02/13/2013 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. W fiTs SS my hand and official seal. ;y crN 1HiA J. VALENCIA Commission # 1952790 Z .`� Notary Public -California Z Z Orange County My Comm.Expires Oct 15,2015 1 re Nota ub (Notary Seal) I ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Title or description of attached document Individual Corporate Officer x /Title_Pres/Sec Number of pages Document Date Partner Attorney-In-Fact Trustee Other 0 Additional Information I CONSENT OF OWNER SURETY COMPANY ARCHITECT � CONTRACTOR TO FINAL PAYMENT SURETY OTHER AIA DOCUMENT G707 Bond. #2148081 PROJECT: Springdale Water Main Extension (name, address) TO(Owner) FARCH ITECT'S PROJECT NO: CC-1436 City of Huntington Beach CONTRACT FOR: Construction of Water Main 2000 Main Street Huntington Beach, CA 92648 CONTRACT DATE: 2012 Final Contract Amount:$129, 974 . 00 CONTRACTOR: Paulus Engineering, Inc. In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety as it appears in the bond). North American Specialty Insurance Company 6 Hutton Centre Drive, Ste. 850, Santa Ana, CA 92707 SURETY COMPANY, On bond Of(here insert name and address of Contractor) Paulus Engineering, Inc. 2871 E. Coronado Street, Anaheim, CA 92806 CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to(here insert name and address of owner) City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 OWNERS, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 30th day of April 20 13 North American Specialty Insurance Company Surer a Signature of Authorized Representative Attest: Charles L. Flake/Attorney-In-Fact (Seal): Title NOTE: This form is to be used as a companion document to AIA DOCUMENT G706,CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS,Current Edition AIA DOCUMENT G707-CONSENT OF SURETY COMPANY TO FINAL PAYMENT•APRIL 1970 EDITION,AIA® ONE PAGE 0 1970•THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORKAVE_NW,WASHINGTON,D.C.20006 I f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT T t - - 3 State of California County of Orange I On 4-30-13 before me, Jan C. Moran, Notary Public Date Here Insert Name and Title of the Officer personally appeared Charles L. Flake Name(s)of Slgner(s) I I i who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) Ware 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 JAN C. MORAN ip instrument the person(s), or the entity upon behalf of COMM.#1967021 V NOTARYPueLIC*CALIFORNIA Q which the person(s)acted, executed the instrument. ORANGE COUNTY s Comm.Exp.FEB.17,2016 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature V r Puce Notary Seal Above Signature of Notary Public OPTIONAL Ja C. Moran Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Trtle or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: O Individual ❑Individual O Corporate Officer—Titie(s): ❑Corporate Officer—Title(s): 11 Partner—❑Limited O General ❑Partner—❑Limited ❑General _ 9 Attorney in Fact ° ❑Attorney in Fact ° ❑ Trustee Top of thumb here ❑Trustee Top of thumb here 1 0 Guardian or Conservator ❑Guardian or Conservator O Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De SW Ave.,P.O.Box 2402•Chatsworth,CA 913t 3.2402•www.NationalNotaryorg Item#59D7 Reorder.Ca6 Toll-Free 1.800-875-682! s y ri a NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: j DAVID L.CULBERTSON,CHARLES L.FLAKE,RICHARD A.COON, and LEXIE SHERWOOD JOINTLY OR SEVERALLY I Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS I This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duty called and held on the 9's of May,2012: I "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named i in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached.' ",%NUIIa�ItIflU1/r S S�I. 0 5tevea P.Anderson,Smier V'ae President of Washlogtan Sateruatbnal Iasurancc Company W:Z 19Tg ��t]mt Smior V-Praideal or North American Spectnity Imaraace Company ��y6 �Mps4bt``�c` s 4U�mninnn�r��� By David M.Layman,Vin Preatd&t orwashengton loternationsa insurance Company j &Vice Proidmt or North American specialty insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this20th day of June Zp 12• North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 20th day of June 201 before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. E A nSEUN5 "Pitbl10tateoflllillais Donna D.Sklens,Notary Public minissioa&', 1l)/(IGI10I3 1, Je rey Goldberg the duty elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals ofthe Companies this 30May of APRTL ,20 13 leffr idherg,Vice PmiduA&Assistant Saretuy of Washington rntematimal r uwmoo Company&North Amman Specialty tasmeace Company This Document was electronically recorded by PLEASE COMPLETE THIS INFORMATION City of Huntington Beach RECORDING REQUESTED BY: Recorded in Official Records, Orange County Renee Ramirez,Assistant Clerk Recorder IIIIII I I� 1111111111111111111111111111111111111111111111111 IIINO FEE 2013000074710 11:37am 02/05/13 WHEN RECORDED MAIL TO: 66 401 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CITY OF HUNTINGTON BEACH Attn: Joseph Dale P.O. Box 190—2000 Main Street Huntington Beach, CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Paulus Engineering, Inc. who was the company thereon for doing the following work to-wit: SPRINGDALE WATER MAIN EXTENSION PROJECT, CONSTRUCTION CONTRACT-1436 That said work was completed January 31, 2013 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 January 31,2013, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract North American Specialty Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this February 1, 2013. �'�� DirLector of(Pubic Works or City Engineer ,tity 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 1,2013. G D' ector of Public*Works or City Engineer This document is solely the official business of O/ ity of Huntington Beach, California the City of Huntington Beach, as contemplated under Government code section. 6103 and should be recorded free of charge. THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) .. . � it .. J RECEIVED;BY: fi CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) ' after signing/dating (Date) we CITY OF HUNTINGTON BEACH .k INTERDEPARTMENTAL COMMUNICATION TO: Sh'ari-Freidenrich, City Treasurer FROM: DATE: /6 SUBJECT: Bond Acceptance I have received the bonds for �/IJC (Company Name) Faithful Performance Bond No. Labor and Material Bond No. (f Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. / CC No. ! �� MSC No. Approved A)//j Agenda Item No. (Council Approval Date) City Clerk Vault No. #27 gAollowup/bondletter.doc t CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PAULUS ENGINEERING, INC. FOR CC-1436 SPRINGDALE WATER MAIN EXTENSION PROJECT THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Paulus Engineering, 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 Springdale Water Main Extention in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in g/agree/surfnet/cityconst 1 of 22 12/11 1 connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; g/agree/surfiiet/cityconst 2 of 22 12/11 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/sur iet/cityconst 3 of 22 12/11 "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed One Hundred Twenty-Nine Thousand Nine Hundred Seventy-Three Dollars and Fifty Cents, Dollars ($129,973.50), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within Forty (40) consecutive Working Days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. g/agree/swfnet/cityconst 4 of 22 12/11 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the g/agree/surfnet/cityconst 5 of 22 12/11 changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance;for a period of one (1) year after CITY's acceptance thereof within ten(10) days of filing of the Notice of Completion. g/agree/surfnet/cityconst 6 of 22 12/11 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, g/agree/surfnet/cityconst 7 of 22 12/11 the sum of Five Hundred Dollars ($500) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting g/agree/surf iet/cityconst 8 of 22 12/11 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as g/agree/surfnet/cityconst 9 of 22 12/11 a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. g/agree/surfliet/cityconst 10 of 22 12/11 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. g/agree/surfiiet/cityconst 11 of 22 12/11 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's g/agree/surfnet/cityconst 12 of 22 12/11 employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. g/agree/surfiiet/cityconst 13 of 22 12/11 CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention without the express written consent of CITY; however an insurance policy"deductible" of$5,000.00 is permitted. g/agree/surfnet/cityconst 14 of 22 12/11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: l. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty(30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. g/agree/surfiiet/cityconst 15 of 22 12/11 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. g/agree/sur&iet/cityconst 16 of 22 12/11 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of g/agree/sur&iet/cityconst 17 of 22 12/11 CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach Paulus Engineering, Inc. ATTN: Mr. Joseph Dale, Public Works Mr. Jason Paulus, President 2000 Main Street 2871 East Coronado Street Huntington Beach, CA 92648 Anaheim, CA 92806-2504 g/agree/surfnet/cityconst 18 of 22 12/11 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, g/agree/sur&iebcityconst 19 of 22 12/11 each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other, whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, g/agree/sufnet/eityconst 20 of 22 12/11 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 41. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, g/agree/surfnetkityconst 21 of 22 12/11 promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on /S 20 / g/agree/surfnet/cityconst 22 of 22 12/11 CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the Stat f Cali rma Paulus Engineering, Inc. Mayor By: L55/- Jjvvw� ty Clerk 1o101((a,� print name ITS: (circle o e) -h irir m sidentNice President INITIATED AND APPRO ED: AND DirectorAofPUW,—c Works By: us REVIE D APPROVED: pnaLnaWe 11 ITS: (circle Vnq)Secretary/ ief Financial Officer/Asst. Secretary-Treasurer (MV Manager AP P VED AS TO FORM: Y�-f "* City Attorney g/agree/surfnet/cityconst 12/11 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PAULUS ENGINEERING, INC. FOR CC-1436 SPRINGDALE WATER MAIN EXTENSION PROJECT TABLE OF CONTENTS Page No. 1. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 7 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 11 15. WITHHELD CONTRACT FUNDS,SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 17, WAIVER OF CLAIMS 12 18. INDEMNIFICATION,DEFENSE,HOLD HARMLESS 12 19. WORKERS'COMPENSATION INSURANCE 13 20. INSURANCE 14 21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT&TERMINATION 16 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS,ESTIMATES AND OTHER 17 26. NON-ASSIGNABILITY 17 27. CITY EMPLOYEES AND OFFICIALS 17 28. STOP NOTICES 17 29. NOTICES 18 30. SECTION HEADINGS 18 31. IMMIGRATION 19 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 19 33. ATTORNEY'S FEES 19 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 20 36. DUPLICATE ORIGINAL 21 37. CONSENT 21 38. SURVIVAL 21 39. MODIFICATION 21 40. SIGNATORIES 21 41. ENTIRETY 21 SECTION C PROPOSAL for the construction of Springdale Street Water Main Extension Project from Glenwood Drive to Briarcliff Drive CC No. 1436 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 50 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find glop its�03�1} in the amount of$ 7,3,50 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE CC No. 1436 WATERMAIN EXTENSION PROJECT, SPRINGDALE STREET, FROM GLENWOOD DRIVE TO BRIARCLIFF DRIVE BID ITEMS Ile 6uatt Uni COs tWIF kl- 1 a " 1 Mobilization 1 LS $ pod` $ 2 Traffic Control /1 LS L//04 BO y /00 3 Traffic Control Plan and Pedestrian Detour Plan 1 LS Z 2 0 p D 200 20 4 Furnish and install 8-inch diameter DR-14 PVC AWWA C900 pipeline, including and not limited to shoring, cathodic protection, fittings, and appurtenances 580 LF $ $ 3 5 Furnish and install 8"Hot Tap on Existing 12"AC with 8"RW Gate Valve, including and not limited to shoring, cathodic protection, fittings, and appurtenances 1 EA $ Zoo_nv $ (oi Zoo—� 6 Furnish and install 8"Hot Tap on Existing 8"AC with 8"RW Gate Valve, including and not limited to shoring, cathodic protection, fittings, and appurtenances 1 EA $YaQ — $ $ _ 7 Furnish and install 8-inch Gate Valve 2 EA $ ! S-00 $!K�000--03 8 Furnish and install 8"X 8" Tee 1 EA $ -700'o $ 7-00°° 9 Chlorination and testing of all new water mains 1 LS $ $ 10 Demobilization and cleanup 1 LS $ /133?-"9v $ / 11 Remove and legally dispose of existing Asbestos ,�06 00 Cement(AC)pipe 1 LS $ TOTAL BID AMOUNT (IN FIGURES) $ 5 TOTAL BID AMOUNT IN WORDS: Ime 7'uleo�y 7hou5gycp Yeae,? �luCidl-el TA(I-4 Zwv [e4 Notes: All extensions of unit cost will be subject to verification by AGENCY. In case of a discrepancy between the unit cost and the extension, the unit cost will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-2.1 PROJECT BID SCHEDULE. TOTALS CC No. 1436 WATERMAIN EXTENSION PROJECT TOTAL BID AMOUNT, BASIS OF AWARD (Bid Schedule CC No. 1436) $ TOTAL BID�/AMOUNT IN WORDS: f 'j�� �� i�1 G' Lt(> ��� `1C� YClfi-i-7 Notes: All extensions of unit costs will be subject to verification by Owner. In case of a verification between the unit cost and the extension, the unit cost will govern. The AGENCY reserves the right to reject any or all proposals and bid items. c-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. "Bid Name and Address© ..Subcontractor State Class Dollar ` % of Ite (s) u,Y Lacense AmountContrac Number co cz- .4,1 ct C4 q z>(g& oZ I f'75-A PC,INC 114 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on`1-?-U/� at AA1, "Nf/P1 CA— Date City State �i�Sow IPA Ctt..J 3 , bei first duly sworn, deposes and says that he or 94e4s f r.S l✓JL�u9" of Au�a3 �,uG;t�U&'t/�rl.�G OL 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 e Signature of i er 9'371 t, (oreo"Avo a Address of Bidder Subscribed and sworn to b fore me this day of , 201_ . NOTARY PUBLIC NOTARY SEAL C-4 JURAT State of California County of Orange Subscribed and sworn to (or affirmed)before me on this 24th day of September, 2012 by Jason Paulus proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Sl re (Notary Seal) CYNTHIA J.VALENCIA� Commission * 1952790 mHotary Public-California DOrange County Comm.Expires Oct 15.2015 OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Non-Collusion Affidavit (Title or description of attached document) Number of pages: Document Date: (Additional Information) UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Springdale Street Watermain Extension Project, from Glenwood Drive to Briarcliff Drive, CC No. 1436, (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. L/ 141fw Contractor By Title Date: q ���/— 20/Z C-s 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 projXNo f a violation of law or a safety regulation? ❑ Yes If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. T t�vS ZA16 IA-W6:k IAJ G N Contractor I[ By 002t'S t" Title Date: C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: r Bidder Name Business Address City, State Zip /, 6-;Z-f3 7 7 S, Tele hone Number 7dV zl State Contractor's License No. and Class �r /q G v Original Date Issued 0 6 - 3 0- Expiration Date The work site was inspected by B !C of our office on — c�L , 2012 The follo ing are persons, firms, and corporations having a principal interest in this proposal: WV �r K 2 /i9".1% C-a 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 plapsd specifications set forth.t�vS Company Name i Signature of Bidder/ �qS1( � %-AkL0 Printed or Typed Signature Subscribed and sworn to before me this_day of , 201_ . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: l. '5 J�—Cf��c � ✓� 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-9 r C-10 City of Anaheim Citywide Sanitary Sewer Improvements Anaheim Install Sewer Line $ 367,918.00 Apr-09 Psomas 200 S.Anaheim Blvd. 18"Up to 20'Deep 3187 Red Hill Ave Anaheim,CA 92805 Costa Mesa,CA 92626 (714)765-5059 v (714)765-4409 f Coachella Valley Water Dist. Monroe Street Trunk Sewer Coachella Install Over a Mile $ 776,328.00 Feb-09 MSA Consulting Inc 85-955 Ave.52 of 12"Sewer Line 34200 Bob Hope Dr Coachella,CA 92236 Rancho Mirage,CA 92270 Jorge Meza (760)391-9637 City of Fullerton Sewer Repl Proj.2007-08 Fullerton Install 18"Sewer up $ 1,100,218.00 Dec-08 DMJM Harris 303 W.Commonwealth Ave. To 24'Deep 999 Town&Country Rd Fullerton,CA 92832 Orange,CA 92868 Eric Villagracia (714)738-6853 v (714)738-3115 f Irvine Ranch Water District Bayview Sewage Lift Station Newport Beach Bypass and Replace $ 429,000.00 May-09 URS 15600 Sand Canyon Ave. Main Lift Station 2020 E 1st St Irvine,CA 92618 Pumps&Vaults Santa Ana,CA 92705 Anita Arant (714)453-5300 Ventura County Waterworks 21"Arroyo Simi Trunk Sewer Ventura Install 21"PVC $ 360,000.00 Jul-08 Pennfield&Smith 6767 Spring Road Sewer Line w/Bore 1322 Del Norte Rd Moorpark,Ca.93020 Under Railroad Tracks Camarillo,CA 93010 Cefe Munoz (805)378-3020 (805)529-7542 i North American Specialty Insurance Company Bond #7-B Premium Nil BID BOND KNOW ALL MEN BY THESE PRESENTS,That We, Paulus Engineering, Inc 2871 E. Coronado Street of Anaheim CA 92806 as Principal, and North American Specialty Insurance Company, of Manchester, New Hampshire, as Surety, a New Hampshire corporation duly licensed to do business in the State of California Iare held and firmly bound unto City of Huntington Beach as Obligee, in the penal sum of ten percent of amount bid Dollars ($ 101 , for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted,or is about to submit, a proposal or a bid to the Obligee on a contract for Springdale St. Water Main Extension Project NOW, THEREFORE, if the aforesaid principal shall be awarded the contract, the said principal will within the period specified therefore, or, if no period be specified, within ten (10) days after the notice of such award into a contract and give bond for the faithful performance of the contract, then this obligation shall be � null and void, otherwise the principal and the surety will pay unto the obligee the difference in money between the amount of the bid of said principal and the amount for which the obligee may legally contract . with another party to.perform the work if the latter amount be in excess of the former; in no event shall the liability hereunder exceed the penal sum hereof. I PROVIDED AND SUBJECT OF THE CONDITION PRECEDENT, that any suits at law or proceedings in equity brought or to brought against the Surety to recover any claim hereunder must be instituted and service had upon the Surety within ninety (90) days after the acceptance of said bid of the Principal by the Obligee. Any person who, with the intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. i SIGNED ,SEALED AND DATED this 18 th day of September Paulus Engineering nc. Piinap I 6 No m is peclalty lnsura c Company B �� I _ .Charles L. Fla e;Atto y4n-Fact i 8ND 140 S REV(05/95) I' f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of_orange } On 9/18/12 before me, Lexie Sherwood, Notary Public Date Here Insert Name and Title of the Officer personally appeared Charles L. Flake Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they _ executed the same in his/her/their authorized capacity(ies), LEA X H RWOOD and that by his/her,/their signatures) on the instrument the ,7 cOiM. 1sc��9 person(s), or the entity upon behalf of which the person(s) " NOTARY PUBLIC o CALIFORNIA c) acted executed the instrument. " ' „ ORANGE CC1Uti Comm.Exp.JULY 27,2013 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and 9fficial seat. Signature Place Notary Seal Above Signature of Notarf Public OPTIONAL Though the information below is not required by law, it may prove valuable.to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ° ❑ Trustee Mofthumb ❑ Guardian or Conservator Top of thumb here ElGuardian or Conservator Top ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary org Item k5907 Reorder:Call Toll-Free 1-800-876-6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: DAVID L.CULBERTSON,CHARLES L.FLAKE,RICHARD A.COON, and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9 h of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." ��'���GtDAl17v��r�ii��� �pµtamgtliavy '�2Q ZIR„R SEAL z" By ~ ° ' n m' Steven P.Anderson,Senior Vice President of Washington International Insurance Company _g SAL t 1973 Q+u<q= &Senior Vice Presldcnt of North American Specialty Insurance Company FCrr. iM E ON B �...#...,� David M.Layman,Vice President of Washington International Insurance Company &Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this20th day of Jane 2012 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 20th day of June 2012 before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their ressp�erctiv=5u� jj e companies. [DONNAD.;,SKLEM Q�CI'l�otafyPuDonnaD. Sklens,Notary Public y Goinmi I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by"said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 18th day of September ,20 12 Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company i CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Oranl?e } On 09/18/12 before me, Cynthia J. Valencia, Notary Public personally appeared- _ Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or, entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WIT S my hand and official seal. CYNTHII. i J.VALENCIA Commission 1952790 = . is Notary Public-California v Signature of&6tary Public (Notary seal) Orange County MI Comm.Ex ires Oct 15.2015 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Bid Bond Title or description of attached document Individual Corporate Officer x /Title President Number of pages Document Date Partner Attorney-In-Fact Trustee Other 0 Additional Information e Paulus Engineering,Inc. 2871 E. Coronado atlr9ct Anaheim, CA 922600=2504 rtJh�ln�� o� $eaC �, OP ID:JR TE(MMIDDIYYYY) CERTIFICATE OF LIKABILITY INSURANCE 710/18112 NCB THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. CONTACT PRODUCER 949-553-9800 NAME: The Wooditch Company Insurance PHONE FAx Services,Inc. 949-553-0670 AIC No Ezt: AIC No: 1 Park Plaza,Suite 400 E-MAIL Irvine,CA 92614 RODUCER Christopher Hodson CUSTOMER ID#:PAULU-1 INSURERS AFFORDING COVERAGE NAIC# INSURED Paulus Engineering,Inc. INSURERA:Old Republic General Ins.Corp 24139 2871 E.Coronado Street INSURER B: Anaheim,CA 92806 INSURER C INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUB POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDDIYYYY MMIDDIYYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X AlCG94841203 05/01/12 05/01/13 PREMISES Ea occurrence $ 100,000 CLAIMS-MADE 1XI OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 25000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO AlCA94841203 05/01/12 06/01/13 BODILY INJURY BODILY (Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIREDAUTOS - _ lc.,, (Peraccident) NON-OWNED AUTOS 012141- Alf $ UMBRELLA L1A6 OCCUR iNIFBR t+d -S LiF C►c DXI-T� �+ EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE or;7-L'r' AGGREGATE $ DEDUCTIBLE - /O $�Z $ RETENTION $ $ WORKERS COMPENSATION X TWO STATU- OR AND EMPLOYERS'LIABILITY TORY LIMI S E Y/N A ANY OFFICER/MEMBER EXCLUDEDXECUTIVE NIA AlCW94841203 05/01/12 05/01/13 E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 15000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,0005000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) *Except 10 Days Notice of Cancellation for Non-Payment of Premium. RE:Springdale Water Main Extension Project CC-1436.City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are named as Additional Insureds as respects General Liability er attached endorsement. *SEE N TES* Lai com-sched CERTIFICATE HOLDER CANCELLATION HUNTINN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. P.O.Box 190 AUTHORIZED REPRESENTATIVE Huntington Beach,CA 92648 A& � ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD PAULU-1 PAGE 2 NOTEPAD INSURED'S NAME Paulus Engineering,Inc. OP ID:JR DATE 10/18/12 *Should this po is a cancelled before t e expiration ate oo itch Company will maiy30(thirty)days written notice to those Certificate Holders which require such action per contract or agreement.* HOLDER CODE HUNTINN PAULU-1 PAGE 3 NOTEPAD: INSURED'SNAME Paulus Engineering,Inc. OP ID:JR DATE 10/18/12 This Insurance shall apply as Primary and Non-Contributory per attached endorsement. *THIS VOIDS AND SUPERSEDES THE PREVIOUS CERTIFICATE DATED 10/18/12* POLICY.NUMBER; AlCG94841203 COMMERCIAL GENERAL LIABILITY CG 20'37'07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS,, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL CENERAL LIABILITY COVERACE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Opera- Or Organ ization s : tions WHERE REQUIRED BY WRITTEN CONTRACT, BUT RE:Springdale Water Main Extension Project CC-1436. ONLY WHEN COVERAGE FOR COMPLETED OPERATIONS IS SPECIFICALLY REQUIRED BY THAT CONTRACT. The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers Information required to complete this Schedule, if not shown above,will.be shown in the Declarations. 'Section II — Who Is An Insured is .amended to include as an additional insured "the ,person(s) or organlzation(s) shown in the Schedule', but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by"your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 0 ISO Properties, Inc.,2004 Page"1 of'1 ❑ POLICY NUMBER: AlCG94841203 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS ® SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s ! Locations Of Covered 0 erations RE:Springdale Water Main Extension Project WHERE REQUIRED BY WRITTEN CONTRACT. ICC-1436. The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers Information required to complete this Schedule; if not shown above;will be shown in the-Declarations. A. Sections. II — Who Is An Insured is amended to 13. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds; the following"additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury' "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1: All work, including materials, parts or equip- ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, mainten- behalf; ance or repairs) to be performed by or on be- in the performance of your ongoing operations for half of the"additional insured(s) at the location the additional insured(s) at the location(s) desig= of the covered operations,has been completed; nated above or 2. That portion of "your work out of-which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor-en- gaged in performing operations for a,principal as apart of the same project. CG 20 10 07 04 0 ISO Properties, Inc.,2004 Page 1 of 1 0 OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY: PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Location(s)of Covered Operations Or Or anizabon s : Blanket-as required by contract As`specified in your signed and written agreement ANY PERSON OR ORGANIZATION FOR WHOM THE in advance of the'occurrence"for which the NAMED INSURED IS REQUIRED UNDER WRITTEN additional insured seeks coverage CONTRACT TO FURNISH THIS ENDORSEMENT RE:Springdale Water Main Extension Project r e City of Huntington Beach,its officers,elected or CC 1436, pointed officials,employees,agents and volunteers As required by written contract: Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The:insurance provided by this endorsement is primary insurance and we.wili not seek contribution from any other insurance of a like'kind available;to the persan_ar,organization,sho,wn in the schedule above unless the other insurance is provided by a contractor other than the person or organization-shown,in the schedule above for the same operation and job location.if so,we.will share with that other insurance by the method described in paragraph 4,c. of Section IV—Commercial General liability Conditions. All other terms and conditions remain unchanged. Named Insured Paulus Engineering, Inc. Policy Number AlCG94841203 Endorsement No. Policy Period 51112012 -51112013 Endorsement Effective Date: 51112012 CG EN GN 0029(09/06) Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above-referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability_ The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of ,20 , at , California_ (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] g 1 IF R A ORNEY 1 245911.1 CONTRACTOWS CERTIFICATE state and certify that: (Name of Declarant) 1• is the general contractor to the City of Huntington Beach ("City') on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the"Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five(5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied(list unpaid debts and claims; if none, write"NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services,materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write"NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of 120 (Signature of Declarant) APPROVED AS TO FORM By: 1-7 a -11 J 3. Zo otp Name: [Type Name] Title. [Type Title] 1 245914.1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above-referenced project ("Project') hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe. benefit -requirements specified for each particular classification of work, as set forth in the wage-rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] O VE �J Y] it CITY ATTORNEY -7-ts o3•a"b •� 1 247542.1 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) J CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: eh, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for (company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved Agenda Item No. (Council Approval Date) City Clerk Vault No. (�•(./` �' V #27 g:/followup/bondletter.doc EXECUTED IN TWO COUNTERPARTS 2148081 Bond No. PREMIUM: PERFORMANCE BON® KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach(hereinafter referred to as"City")has,by written agreement dated 20 12, entered into a contract with PAULUS ENGINEERING, INC. 2871 E. CORONADO STREET ANAHEIM, CA 92806 (name and address of Contractor) (hereinafter referred to as"Principal"), for performance of the work described as follows: SPRINGDALE WATER MAIN EXTENSION PROJECT, CC-1436 (Project Title) WHEREAS, said contract, and all documents referenced therein(hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE,we, the undersigned, as Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY 6 HUTTON CENTRE DR. , SUITE 850, SANTA ANA, CA 92707 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"),. as Surety, are held and firmly bound unto City in the penal sum of ONE HUNDRED TWENTY—NINE THOUSAND NINE HUNDRED SEVENTY—THREE AND 50/100 Dollars($ 129,973.50 ),this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States,for the payment of which sum,well and truly to be.made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally,firmly by these presents, THE CONDITION OF THiS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all ofthe covenants;obligations and things to be done and performed bythe Principal in strict accordance with the terms of the Contract as said contract maybe altered,amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of C€ty's officers, agents and employees(hereinafter collectively referred tows"Obligees')from anyand all losses, liability and damages, claims,judgments, stop notices,fees and costs of every description, whether imposed by law or in equity,which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and .any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees,for value received,that no adjustment of the time or price in the Contract or any alteration; change, deletion; addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract time or contract price,and 277591.1 PERFORMANCE BOND Page 1 of 2 Bond No. 2148081 any other alteration,change,deletion, addition or other modification to the Contract,or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations,changes,deletions,additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code§§2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below,that the name of each corporate party being affixed hereto is such party's proper legal name and that.the individuals signing this instrument have been duly authorized pursuant.to the authority of its governing body. Surety;by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the principal to execute or proDedy execute this bond. Dated: OCTOBER 10, 2012 ATTEST PAULUS ENGINEERING. INC. (Corporate Sea[) (Princip I Name) By: Name: Au C.At Title: IR& � — ATTEST NORTH AMERICAN SPECIALTY INSURANCE COMPANY (Corporate Seal) (Surety Name) By: Name; CHkftLES E (Signature of Attorney-in=Fact for Surety) (Attach Attorney-in-Fact Certificate) 7( 14 y 550-7799 (Area Code&Telephone Number of Surety) APPROVED AS TO.FORM: CITY O UNTINGTON BEACH c By- ennifer Mc .a#h �t ��� ity Attorney Note: This bond'must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any person signingas attomey-ln-tact must be attached. PERFORMANCE BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 10-10-12 before me, Lexie Sherwood, Notary Public Date Here Insert Name and Title of the Officer personally appeared Charles L. Flake Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the Within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), LEXIE SHERWOOD and that by his/her/their signature(s) on the instrument the v COMM.#1856389 9 person(s), or the entity upon behalf of which the person(s) => NOTARY PUBLIC s AL[ORANGE COUNTY FC�NiA n acted, executed the instrument. Comm.Exp,JULY 27,2013 i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and fficial seal. Signature Place Notary Seal Above Signature of otar Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited❑ General ❑ Partner—❑Limited❑General ❑ Attorney in Fact ❑ Attorney In Fact ❑ Trustee ijjj® ❑ Trustee El Guardian or Conservator Top of thumb here El Guardian or Conservator ITMopof thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: DAVID L.CULBERTSON,CHARLES L.FLAKE,RICHARD A.COON, and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." `\\\Q�,tnw11TY rrUi "ssa'(10Ns�mW, 'ORPOkj�G l�q � � � !1'S,G G SEAL 178 6 Steven P.Andersen,Senior Vice President of Washington International Insurance Company a 2``. G SEAL ¢'Z 1973 m &Senior Vice President of North American Specialty Insurance Company E OIL hell r 1// 410N ...... mrnnmmll y iY David M.Layman,Vice President of Washington International Insurance Company pWtintaal�M�O &Vice President of Narth American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this2Oth day of June 2012 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 20th day of June 201 before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFTCIAT SEAI? la DONNAD SUENS Notary Public,State of lRinois Donna D.Sklens,Notary Public My Conllnission-Expires 10/W2015 I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this I Oth day of October 20 12 Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange } On 10/10/2012 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITjbtary my hand and official seal. CYNTHiA J VALEN'�IA Commission # 1952790 a ®� Notary Public -California D Z . . Orange County Plly Comm.Expires Oct 15.2015 Si Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Title or description of attached document Individual Corporate Officer. x /Title President Number of pages Document Date Partner Attorney-In-Fact Trustee Other 0 Additional Information EXECUTED IN TWO COUNTERPARTS Bond No. 2148081 PREMIUM INCLUDED IN PAYMENT BORE® PERFORMANCE BOND (LABOR ARID MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS,the City of Huntington Beach(hereinafter referred tows"City") has awarded to PAULUS ENGINEERING, .INC. 2871 E. CORONADO STREET, ANAHEIM, CA 92806 (name and address of Contractor) (hereinafter referred to as"Principal"), a contract("Contract")for the work described as follows: SPRINGDALE WATER MAIN EXTENSION PROJECT, CC-1436 (project title) WHEREAS, Principal.is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers; mechanics, materialmen, and other persons as provided by law. NOW THEREFORE,we,the undersigned. Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY 6 HUTTON CENTRE DR. , SUIE 850, SANTA ANA, CA 92707 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as"Surety"), as Surety, are held and firmly bound unto City in the penal sum of ONE HUNDRED TWENTY—NINE THOUSAND NINE HUNDRED SEVENTY—THREE AND 50/100'S dollars, ($ 129,973.50 ), this amount being not less than one hundred percent (100%)of the total price set forth inthe Contract, in lawful money of the United States of America, for the payment of which sum, welt and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fain to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1913 or 1$15 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Emp)oyment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 130,20 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety wifl pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise;.this obligation.shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further.agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or_modification to the terms of the Contract; or any contract document or any work to be r performed.thereunder;whether made after notice or not, shall in any way affect, Impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, 277589.1 .PAYMENT BOND Page I of 2 Bond No. 2148081 extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§. 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below,that the name of each corporate party being affixed hereto is such parry's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: OCTOBER 10, 2012 ATTEST PAULUS ENGINEERING, INC. (Corporate Seal) (Prin ipal Name) By: Name: Its: ATTESTNORTH AMERICAN SPECIALTY INSURANCE COMPANY (Corporate Sea[) :eby Name) B __CQ y: Narne: CHARLES L KA (Signature of Attorney-in-Fact for Surety) {714) 550-7799 (Attach Attorney-in-Fact Certificate) (Area Code 8,Telephone Number of Surety) t APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By I n erinifer Mc Grath ity Attomiey 5/bb fi Note This bond must be executed in duplicate and dated,atl signatures must be notarized and evidence of the authority of any person signing as attomey-in-fact must be attached. z�rsa4:t PAYMENT BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 10-10-12 before me, Lexie Sherwood, Notary Public Date Here Insert Name and Title of the Officer personally appeared Charles L. Flake Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), LEXIE SHERWOOD and that by his/her/their signature(s) on the instrument the COMM.#1856389 0 person(s), or the entity upon behalf of which the person(s) t9 `; NOTARY PUBLIC H CALIFORNIA n acted, executed the instrument. ORANGE COUNTY Comm.Exp.JULY 27,2013 I certify under PENALTY OF PERJURY under the laws of w � the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signature of to ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited❑General ❑ Partner—❑ Limited❑General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ° ❑ Trustee 'of Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top th7here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91 31 3-240 2•www.NationaiNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: DAVID L.CULBERTSON,CHARLES L.FLAKE,RICHARD A.COON, and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director, any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." \\\,l4..�I7Y�ff�U�' _ dy�rrrewiwmuwi Q�....., Hd, �4 e*�ppI10NA( 5 Gp4PORjT.G l =c'?. SEAL '.n= Steven P.Anderson,Senior Vice President of Washington International Insurance Company 2j SEA n� gtoL 7873 ati tj M1 _ &Senior Vice President of North American Specialty Insurance Company €_0; m q Ok a i• � B David M.Layman,Vice President of Washington International Insurance Company �� &Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this20th day of Jane 12012 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 20th day of June 2012 before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. IM OFFICIAI SEAI"ONNA D.Si 1ENS otaryPublic,StateofIllinois DonnaD.Sklens,Notary Public y: 6nWfscionE><pires;10/0612015 I, Jeffrey Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this I Oth day ofOctober 120 12 1414�e Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company i I CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange } On 10/10/2012 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WI S my hand and official seal. CYNTHIA J.VALENCIA Commission # 1952790 z Notary Public-California z i Orange County M Comm.Expires Oct 15.2015 Signature of Notary u i (Notary Seal) ADDITIONAL OPTIONAL INFORMATION I DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER. Title or description of attached document Individual Corporate Officer x /Title President Number of pages Document Date Partner Attorney-In-Fact Trustee Other 0 Additional Information City ®f Huntington Beach 2000 Main Street e Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk U,-:19U9, Joan L. Flynn, City Clerk October 31, 2012 Paulus Engineering, Inc. Attn: Jason Paulus, President 2871 East Coronado St. Anaheim, CA 92806-2504 Re: Springdale Water Main Extension Project— CC-1436 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517. Sincerely, JoZ L. Flynn, CIVIC City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) gdlfip�c3ifi6ntEbr �� k�o� Waitakere, New Zealand Council/Agency Meeting Held: 0 Deferred/Continued to: Ap ❑ Conditionally Approved ❑ Denied Ci Jerk's, igna e Council Meeting Date: October 15, 2012 Departme D Number: PW 12-054 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Award Construction Contract in the amount of$129,735 to Paulus Engineering, Inc. (PEI), for the Springdale Street Water Main Extension Project, CC-1436 Statement of Issue: On September 26, 2012, bids were publicly opened for the Springdale Street Water Main Extension Project, CC1436. Staff requests that the City Council award the contract to Paulus Engineering, Inc., the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of $170,000 for CC1436 are available in Water Fund, Distribution Improvements, Account No. 50691025.82100. Recommended Action: Motion to: A) Accept the lowest responsive and responsible bid submitted by Paulus Engineering, Inc., in the amount of$129,735; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, and provide staff with alternative direction. Analysis: City staff has identified this location whereby the water for Tracts 4873 thru 4878, approximately 140 single-family residential homes, is currently fed from one point of connection on Springdale Street. Implementing the subject project and constructing the relatively short segments of new distribution main, would create a continuous looped system providing service redundancy, eliminating water quality concerns from dead end pipes and enhancing reliability for greater fire protection to the subject residential tracts. HB -79- Item 6. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 10/15/2012 DEPARTMENT ID NUMBER: PW 12-054 The project consists of construction of 360 lineal feet of eight inch (8-inch) pipe and appurtenances along the east.side .of Springdale Street, from Glenwood Drive to Briarcliff Drive, and 220 lineal feet of eight inch (8-inch) pipe and appurtenances along the north side of Briarcliff Drive, from Chateau Lane to Springdale Street. A complete set of plans and specifications are available for review at the Public Works counter during regular business hours. Bids were opened publicly on September 26, 2012, and are listed in ascending order: BIDDER'S NAME BID AMOUNT BID AMOUNT CORRECTED Paulus Engineering, Inc. $129,735.00 Correct as bid Atlas-Allied $135,000.00 Correct as bid Vasiliy Company, Inc. $135,740.00 Correct as bid GRFCO, Inc. $138,960.00 Correct as bid Cedro Construction $141,760.00 Correct as bid (INVALID BID) J.A. Salazar Construction $165,900.00 Correct as bid Excel Paving COmpany $173,907.00 Correct as bid KANA Pipeline, Inc. $176,000.00 Correct as bid TK Construction $179,200.00 Correct as bid CCL Contracting, Inc. $201,640.00 Correct as bid Bid amounts were verified and the lowest responsive bidder was determined to be Paulus Engineering, Inc. The reference check for Paulus Engineering, Inc. provided acceptable responses from past clients. The low bid was approximately twenty-five percent (25%) lower than the engineer's cost estimate of $180,000. With contingency, supplemental expenses, and expected staff costs, the full project cost is estimated to be $170,000. Public Works Commission Action: The Public Works Commission reviewed and approved CC1436 on August 15, 2012, with a vote of 3-0-3 (Cook, Herbel, Thomas absent, and O'Connell abstain). Environmental Status: The project consists of the minor alterations of an existing public utility system involving negligible or no expansion of an existing use. The project is, therefore, categorically exempt from CEQA per Article 19, Section 15301. Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Location Map Item 6. - 2 xB -80- ATTACHMENT #1 CC- 14 6 WATER MAIN EXTENSION PROJECT SPRINGDALE STREET (FROM BRIARCLIFF DRIVE TO GLENWOOD DRIVE) BRIARCLIFF DRIVE (FROM SPRINGDALE STREET TO CHATEAU LANE) ---, tY OF cl HEIR 2 us NAVY f $OLSA -AVE.. ER TALBERr AVE AVE,. . aw o a AYE r EDINGER , AVE, ANT- AVF ViA �t 1i t�!I '-A. A.v W RAW lON APE. .. . F MOO •.!" 'WARNER ._ Ot, VICINITY MAP LOCATION MAP WT.& PROJECT LOCATION CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Item 6. - 4 xB -82- SECTION A NOTICE INVITING SEALED BIDS for the construction of Springdale Street Water Main Extension Project from Glenwood Drive to Briarcliff Drive CC No. 1436 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 10:00 A.M. on September 26, 2012. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $50.00 nonrefundable fee if sent by UPS ground delivery(bidder shall pay additional costs for special delivery). Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: The project consists of the construction of new water pipe. The segment is located on Springdale Street, from Glenwood Drive to Briarcliff Drive approximately 580 lineal feet of 8-inch buried pipe. • The contract shall allow the Contractor 40 working days to complete the contract. • The engineer's estimate of probable construction cost for the work included in the basis of award is $180,000. Also, the contractor is notified that: • The City of Huntington Beach is currently in the process of obtaining the necessary permit for the crossing of the existing U.S. Navy railroad. The contractor shall verify with the City that the permit has been secured prior to commencement of any work within the Navy right-of-way. • The existing railroad is no longer in use and will be abandoned. The U.S. Navy is in the process of quitclaiming the right-of-way and removing the railroad. The railroad may or may not exist at the time of the water line construction. • The City is currently undertaking the construction of a major project involving the rehabilitation of a 36-inch water main and Springdale Street improvement work (CC No. 1330). The contractor shall be responsible for all coordination with the said project and shall be responsible for any costs incurred as a result of any coordination between the two projects. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 6th day of September 2011, by Resolution No. 2011-68. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH F011BCITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 1 90 Huntington Beach , CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Joan Flynn Date: September 10, 2012 To: City Clerk's Office Project/C.C. No.: CC1436 2000 Main Street Regarding: Springdale Watermain Extension Project Huntington Beach, CA 92648 ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids ltern# 1 , Copies,_ Pa es = Description 1 1 2 Notice Inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: On August 15th, 2012, the Public Works Commission authorized the advertisement of the SPRINGDALE WATERMAIN EXTENSION PROJECT, CC No. 1436. Please advertise on September 13th and 20th. Attached is the Notice Inviting Bids for this project. Bid opening will be September 26th, 2012. Please contact me at extension 1735 with any questions you may have. c: file By: Bo Mani, PE Senior Civil Engineer GACONSTRUCTION CONTRACTS(CCs)\CC1436 WATER MAIN EXTENSION SPRINGDALE By BRiARCLffr\ENGINEERING\BID PROJEcr\CC1436 T zANsmrrAL To CLERK 09-10-12 NonCE INvrrE BIDS.DOC 'CL=ASSJFIED! Printed by:0602 Patricia Gamine Sep 10,2012,12:12 ypm 000 1Q4'.11 B Salesperson: kl Ow z Ii; ,. 1" Phone: Ad If 35181427 1 _. Account 11 4 aa�Inati16 n d Ad lnfat�netion Phone# (714)536 5227 Start tlate 09 13-12 Size 1 x 166.410 Mom; IVameYc City Of Huntington Beach(Parent) Stop tlete 09-20-12 BiNed size, 16.50 TCN Inch Andres§' PO Box 784 6ii 2 Keyword; 'ry t Huntington Beac CA 92648 FiBte code &Legal Huntington Beach r Ad;#ype Liner 1 r -Taken by 0602 Patricia Gamino Add** CU00070479L this I" 13000-Legal Notices QtGss price: $ Cfiertt. City Of Huntington Beach-Clerk's O u TCN H8i Net pstcet $251.63 Placed by ;Patty Esparza 7 (714 374-1557 Note i Antount Que is attltiect to UB fa Unfs tltfSc6lla neairs leegzprothercherges. Ad Copy: S€(TION A NOTICE INVITING SEALED BIDS for the construction of CC No.1436 Springdale Street Wa- ter Main Extension Proiecf in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk,Second Floor,2000 Main Street, Huntington Beach, Cali- fornia 92648, up to the hour of 10:00 A.M. on Wednesday September 26, 2012. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25,00 nonrefundable fee if picked up, or payment of a $50.00 nonrefund- able fee if sent by UPS ground delivery (bidder shall pay additional costs for special deliv- ery). Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pur- suant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft,classification or type of workman needed to execute the contract shall be those --- ad proof pg.1 --- C LA S S,I:F I iE D l ADV E RTI S I NG Printed by:0602 Patricia Gamino Sep 10,2012,12:12 pm I 110.0 p111<4,0 �t111¢B z 11 Salesperson: { QOB AuQeWo M1p W i Phone: Ad#35181427 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, Hun- tington Beach,CA 92648, The AGENCY will deduct a 5% retention from all progress payments. The Contractor may substi- tute an escrow holder surety of equal value to the retention in accor- dance with the provi- sions of the California Government Code, Sec- tion 4590. The Con- tractor shall be benefi- cial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in re- sponse to this notice and will not be dis- criminated against on the basis of race, color, national origin,ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be consid- ered unless it is pre- pared on the approved Proposal forms in con- formance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check,cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The suc- cessful bidder shall be licensed in accordance with provisions of the Business and Profes- sions Code and shall possess a State Con- tractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Prefect Description:The project consists of the construction of new water pipe.The segment is located on Springdale Street, from Glenwood Drive to Briarcliff Drive approximately 580 lineal feet of 8-inch burred pipe. • The contract shall allow the Contractor 40 working days to com- plete the contract. • The engineer's esti- mate of probable con- struction cost for the work included in the basis of award is $180,000. The AGENCY reserves the right to reject any or all bids, to waive any --- ad proof pg.2 --- I AD1[nERTISaING ! . .; I Printed by:0602 Patricia Gamino Sep 10,2012,12:12 pm-'• f dI0$, mele$Mimes E { Salesperson: �,� ffo$Angdes Mulwa Phone: Ad#35181427 ' all bids under advise- ment for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,the 6th day of September 2011, by Resolution No.2011-68. Attest: Joan L.Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published H.B.Indepen- dent9/13,20/2012 --- ad proof pg.3 --- Lr) C\j 0 0 al S Z,10 Z _cc_ BID DATE: 'I Engineer's Estimate-, $ 1O LIST B DER- I7131i"lY:r -Bull-X TO ALi BM O coo L--x o, 6ic- i0 6. - r $ VO 7. -// 9. 10. 11. $ 12. $ 13. $ 14. $ j $ PROOF OF PUBLICATION STATE OF CALIFORNIA) i- /PUBLIC 'NOTICE. IS SS. SECTION ,J' HEREBY GIVEN that the CITY OF HUNTINGTON ) NOTKEINITIN6SEALED BEACH as AGENCY, in- COUNTY OF ORANGE Be BIDS vites see aled bids for the for the construction of above' state'' projects CC No.1436 ' and will receive such i Springgdale Street bids in the office of the. am a citizen of the United States and a I Water Mal.Extension City Clerk, SecondFloor,2000 Main Street,. Project Huntington Beach,.Cali- resident of the County of Los Angeles; I CITY OF intNTINGTON he fornia 92648, up to the am over the age of eighteen years, and , BEACH not a party to or interested in the notice —hour'of 10:00, A.M. on the retention in actor- The successful.Contrac- published. I am a principal clerk of the Wednesday September dance with the provi- for and his subcontrac- 26, 2012. Bids will be sions of the California tors 'will be required to HUNTINGTON BEACH publicly ',open in" the Government Code, Sec- possess business li- Council Chambers un- tion 4590. The Contrac- tenses from the'AGEN- INDEPENDENT; which was adjudged a less otherwise posted. for shall be beneficial CY. Copies of the Plans, owner of the surety and Project Description: newspaper of general circulation on Specifications,''and con- shall receive any, inter- The project consists of tract documents are estthereom the-construction of new September 29, 1961, case A6214, and available from the Office The AGENCY,hereby af- water pipe.The segment of the Director of.Public firmatively ensures that .is located on Springdale June 11, 1963, case A24831, for the Works, 2000 Main minority business enter Street, from Glenwood Street, Huntington prises will be afforded Drive to Briarcliff Drive City of Huntington Beach, County of 'Beach, CA 92648, upon full opportunity to sub- approximately 580 lineal ,payment of a $25.00 mit bids in response'to feet of 8-inch buried Orange, and the State of California. nonrefundable fee if, this notice and"will not pipe. picked up,,or payment be discriminated against • The contract shall al- Attached to this Affidavit is a true and of a $50.00, nonrefun on the basis of race, low the Contractor 40 'able fee if sent by UPS color, national origin, working days to- com- complete copy as was printed and ground.delivery (bidder .ancestry, sex, or' reli- plete the contract. shall pay •additional gion in, any consider • The engineer's- es- published on the following date(s): costs for special deliv- ation leading to the timate of probable con.- ery). award of contract. struction cost for the Any contract'entered in- 'No bid shall be consid- work" included in the r� to.pursuant to this no ered unless it is pre- basis of• award is Thursday, September 20, 2012 tire,will incorporate the pared on the approved $180,000.' provisions,of the,State Proposal forms in con- The AGENCY ""reserves Thursday, September 13, 2012 Labor Code.Pursuant to formance with the the right to reject any 'the provisions of the Instructions to Bidders or all bids,to waive any Labor Code of the State 'as determined by the irregularity and to take of California, the mini- AGENCY. The,bid must all, bids under advise- mum prevailing rate of be accompanied by a ment for a maximum per diem wages for.each certified check _cash- ,period of 60 days. craft, classification or .ier's.check,, or bidder's BY ORDER of the CITY certify (or declare) under penalty type of workman needed bond made payable to COUNCIL of the CITY OF to execute the contract the AGENCY for ,an HUNTINGTON BEACH, of perjury that the foregoing is true shall be those deter- amount no less than CALIFORNIA,the 6th day mined by the Director'of:Q0% of the-amount bid. of September 2011,'by and Correct. Industrial Relations of The successful bidder Resolution No.2011-68'. the State of California, shall'.be licensed in ac- Attest: which are on file at the cordance with provi- Joan L.Flynn Office of the Director of lions of the ,Business CITY CLERK OF THE CITY Public Works,2000 Main and Professions Code OF HUNTINGTON BEACH Street, 'Huntington and shall possess• a Published H,B. Indepen, Beach,CA 92648. State .Contractor's Li- dent 9/13,20/2012 Executed on October 1 2012 The AGENCY will deduct cense''Class A at the ---- a 5%•retention from all time of the,bid opening. progress payments. The at Los Angeles, California Contractor may substi- tute an escrow holder surety of equal value to Signature UNSUCCESSFUL BIDS CC- 143 6 Springdale Water Main Extension City of Huntington Beach = - 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk 1I 590g e Joan L. Flynn, City Clerk January 4, 2013 Atlas-Allied, Inc. 1210 N. Las Brisas Anaheim, CA 92806 RE: Springdale Water Main Extension — CC-1436 Enclosed please find your original bid bond for CC-1436. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister Cities: Anjo, Japan ♦ Waitakere,New Zealand ATLAS►ALLIED. R0. 1210 N.LAS BRISAS ANAHEIM,CA 92806-1823 TEL(H4)630.3633 FAX(714)630-0445 City of Huntington Beach City C.oerk 2000 Fain Street, 2nd Floor Huntington Beach, CA 92648 PROPOSAL FOR- rm s� �. • k Yr .%c ip a. as a,:'' r f & } S � x r{ z 3 i ms.r `' Y.k.- S rin dale Street Water .,. p g Main Extension �,� : ,� � �� Project from Glennwood Drive to Briarcliff 1-1— AI— IAIL "=5^vrx' .',k,y,5mf '� ;..n","'''.t,r::"P'`,b ytaw 'a�fa.ro•. :aS f. �"<" t�:f:'7'..2 w�idr,..usFk ,F' '`f+YtaFi..ri�r a,t r .:;�s' m ',"`nn'"b�'1�.;r^ sfw sn„Eon°.�°F ', SECTION C PROPOSAL for the construction of Springdale Street Water lain Extension Project from Glenwood Drive to Briarcliff Drive CC No. 1436 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 50 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidders Bond in the amount of$10%Total Bid amounWhich said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received. Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE CC No. 1436 WATERMAIN EXTENSION PROJECT, SPRINGDALE STREET, FROM GLENWOOD DRIVE TO BRIARCLIFF DRIVE BID ITEMS Item�J ' ,tt� ; Descri Lion `k f n t NtY k .f� p Quanttty Unit I1nit#Cost Total Cost z� 1 Mobilization 1 LS $�0 $ (}��o0o 2 Traffic Control 1 LS 5, C)Q 3 Traffic Control Plan and Pedestrian Detour Plan 1 LS 4 Furnish and install 8-inch diameter DR-14 PVC AWWA C900 pipeline, including and not limited to shoring, cathodic protection,fittings, and appurtenances 580 LF $ t50 $ 6-41( oo- 5 Furnish and install 8"Hot Tap on Existing 12"AC with 8"RW Gate Valve, including and not limited to shoring, cathodic protection, fittings, and appurtenances 1 EA $4,a)0 $ 500 6 Furnish and install 8"Hot Tap on Existing 8"AC with 8"RW Gate Valve, including and not limited to shoring, cathodic protection,fittings, and y appurtenances 1 EA $ 41 000 $ - 7 Furnish and install 8-inch Gate Valve 2 EA $ LA,®O(J $ &00U — 8 Furnish and install 8"X 8"Tee 1 EA $ OM $ 9 Chlorination and testing of all new water mains I LS $R+ OQ(7 $ 10 Demobilization and cleanup 1 LS $ao:�00 $ 11 Remove and legally dispose of existing Asbestos Cement(AC)pipe 1 LS $5.i Q Q0 $ ,0 Q- TOTAL BID AMOUNT (IN FIGURES) $ .00® TOT,AL BID AMOUNT IN WORDS: Zei Notes: All extensions of unit cost will be subject to verification by AGENCY. In case of a Ct� discrepancy between the unit cost and the extension, the unit cost will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-2.1 PROJECT BID SCHEDULE TOTALS CC No. 1436 WATER MAIN EXTENSION PROJECT TOTAL BID AMOUNT, BASIS OF AWARD (Bid Schedule CC No. 1436) $ TOTAL BID AMOUNT IN WORDS: n �Y 1 I-e-IM ckl-1�4 Notes: All extensions of unit costs will be subject to verification by Owner. In case of a verification between the unit cost and the extension, the unit cost will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of Subcontractor State Class Dollar % of Item(s) License Amount Contract Number o )AM a , C By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOI.LUSION AEEIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 9/25/12 , at Anaheim , CA Date City State Eva Siciliani , being first duly sworn, deposes and says that he or she is Vice President of Atlas-Allied, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation,partnership, company association, organization,bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Atlas-Allied, Inc. Name of Bidder Signature of Bidder Eva Siciliani 1210 N. Las Brisas St.Anaheim, CA 92806 Address of Bidder Subscribed and sworn to before me this 25th day of September ,2012 NOTARY PUBLIC Please See Attached NOTARY SEAL C-4 JAT State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 25, day of September 2012 by Eva Siciliani proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. As MILE SENSABAUGH Commission# 1977197 '� Notary Pubic-California orange County .. M Comm.E ires Jun 1 2016 Signature (Seal) Nile Sensabaugh, Notary Public 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 Springdale Street Watermain Extension Project, from Glenwood Drive to Briarcliff Drive, CC No. 1436, (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. Atlas-Allied, Inc. Contractor f z► By Eva Siciliani Vice President Title Date: September 25, 2012 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5,the Bidder shall complete,under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the fallowing certificate. I am aware of the provisions of Section 3700 of the Labor Cade 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. Atlas-Allied Inc. Contractor By Eva Siciliani Vice President Title Date: September 25, 2012 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Atlas-Allied Inc. Bidder Name 1210 N. Las Brisas St. Business Address Anaheim CA 92806 City, State Zip ( 714 ) 630-3633 Telephone Number 437235 A B C34 C36 C42 State Contractor's License No. and Class 4/7/1983 Original Date Issued 4/30/2013 Expiration Date The work site was inspected by Nile Sensabaugh of our office on September 21,2012. The following are persons, firms, and corporations having a principal interest in this proposal: President-George L. Siciliani Vice President/Treasure-Eva Siciliani Secretary-Catherine Sturgeon C-s The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Atlas-Allied Inc. Company Name Signature of Bidder Eva Siciliani Vice President Printed or Typed Signature Subscribed and sworn to before me this 25thday of September ,2012 . NOTARY PUBLIC Please See Attached NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1 Please See Attached 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-9 J U RAT State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 25, day of September 2012 by Eva Siciliani proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. MLE 6ENSAIWO6M Commisafon�►18?7197 •as Notary Public-Calilomia z orange Cour►ty MI Comm.Ex ices dun 1 2014 Signature (Seal) Nile Sensabaugh, Notary Public C-10 p1�4lLAS-ALUED,INC. Pi General +Y/NCE%9Q) COMPLETED PROJECTS Descriptive Job List 2011 Project: Renovation of Equipment Wash Rack Clarifier at City Corp.Yard Owner: City of Riverside Address: 39000 Main St. Riverside,CA 92522 Contact: Mike Combs(951)351-6004 Fax: (951)351-6031 E-mail: mcombs@riversideca.gov Description: Demolition,grading,underground waterline,and misc.steel work for construction of new wash rack,equipment and concrete slab at the City of Riverside's Corp Yard. Start Date: 10/1/2010 Completed Date: 4/19/2011 Bid Amount: $118,980.00 Final Amount: $155,898.35 Project: Santa Ana College Sewer&Gas Line Repair Owner: Rancho Santiago Community College District Address: 2323 N.Broadway,Suite 112 Santa Ana,CA 92706 Construction Manager: Bernards Contact: Gerry Neve(760)250-4734 Fax: (909)941-5224 E-mail: ineve@bernards.com Description: Updated and modifed the existing sewer and gas system through out the Santa Ana College campus Start Date: 12/6/2010 Completed Date: 5/31/2011 Bid Amount: $355,300.00 Final Amount: $388,267.00 Project: Flush Tank/Lamp Hole Replacements&New Manhole installations City Wide Owner: City of Pomona Address: 505 S.Garey Ave. Pomona,CA 91769 Contact: Pete Hayes(714)871-9083 Fax: (714)871-3652 E-mail: pheye@saassociates.net Description: Install new flush tank/lamp hole replacements and new manhole installations city wide Start Date: 10/1/2010 Completed Date: 6/24/2011 Bid Amount: $378,950.00 Final Amount: $402,583.38 Project: Fullerton College Technology&Engineering Complex La Habra Swing Space Owner: North Orange County Community College District Address: 1830 W Romneya Drive Anaheim,CA 92801 Contact: Hanh Vu(626)351-8800 Fax: (626)351-8880 E-mail: vu@cwdriver.com Description: Installation of a new on/off site utility system consisting of,fire water,domestic water,sewer,storm drain& gas connection Start Date: 12/1/2010 Completed Date: 10/2011 Bid Amount: $283,600.00 Final Amount: $272,642.00 Project: Youth Guidance Center-Replace Backflow Preventers Owner: Orange County Public Works Address: 1143 E.Fruit St. Santa Ana,CA 92701 Contact: Michael Smith(714) 667-4933 Fax: (714)567-7721 E-mail: mike.smith@ocpw.ocgov.com Description: Upgraded domestic water backflow protection Start Date: October 1,2010 Completed Date: March 21,2011 Bid Amount: $39,750.00 Final Amount: $43,671.76 1/17/2012 ATLAS-ALUE®,INC. Ppirg SINCE 1969 Eng^.' dog COMPLETE® PROJECTS Descriptive Job Lost 2011 Project: 2010 Water Meter Purchase&Replacement Owner: City of Carlsbad Address: 1635 Faraday Ave. Carlsbad,CA 92008 Contact: Mario Remillard(760)438-2722 Fax: (760)602-4677 E-mail: mremi@ci.carlsbad.ca.us Description: 5 phase program for purchase&installation of approximately 11,000 new remote read water meters 5/8"-2", distribution leak sensors&end point units Start Date: 7/1/2010 Completed Date: In Progress Phases 1 &2 Complete Bid Amount: $4,386,763.00 Final Amount: In Progress Phases 1 &2 Complete 1/17/2012 ATLAS-ALLIED,INC. Ploellne General , E i �� I'mm 190 "��"9 COMPLETED PROJECTS Descriptive Job List 2010 Project: Industrial Park Recycled Water Services Owner: Carlsbad Municipal Water District Address: 5950 El Camino Real Carlsbad,CA 92008 Contact: Grant Clavier(760)802-8783 Fax: (760)438-4178 E-mail: grant.clavier@carlsbadca.pov Description: Installed 1"and 2"water services for Recycled water systems Start Date: 11/30/2009 Completed Date: 3/19/2010 Bid Amount: $159,500.00 Final Amount: $166,227.00 Project: Replace Fireline at Bren Events Center Owner: California University Irvine Address: 201 A Interm Housing Building Irvine,CA 92697 Contact, David Hooks(949)824-9328 Fax: (949)824-1744 E-mail: dhooks@uci.sdu Cell(949)422-0539 Description: Installed underground fireline with backflow devices and upgraded fire sprinkler system Start Date: 12/14/2009 Completed Date: 4/30/2010 Bid Amount: $137,300.00 Final Amount: $158,510.00 Project: Westminster Police Department;Site Utilities Bid Package Owner: City of Westminster Address: 8200 Westminster Blvd. Westminster,CA 92683 Contact: Blaze Bartolli (949)355-6395 Fax: 949-851-8398 E-mail: bbartolli@mccarthy.com Description: Installation of underground water,sewer and storm drain piping system. Start Date: July 2009 Completed Date: April 2011 Bid Amount: $274,700.00 Final Amount: $420,354.00 Project: Replacement of Water valves&Fire Hydrant Installations Owner: City of Beverly Hills Address: 345 Foothill Road Beverly Hills,CA 90210 Contact: Kevin Watson Fax: (310)278-1838 E-mail: kwatson@beverlvhills.org Description: Cut in 4"-16"Valves through out city public water system utilizing"line stops"to control water. Start Date: Feb-10 Completed Date: August 2010 Bid Amount: $358,000.00 Final Amount: $373,000.00 Project: Small Gym&Aquatics Center @ Redondo Beach Union H.S.Plumbing&Site Utilities Bid Package Owner: Redondo Beach Unified School District Address: 1401 Inglewood Ave. Redondo Beach,CA 90278 Contact: Manny Galvan(310)379-3512 Fax: (858)521-4916 E-mail: mgalvan@barnhart-heery.com Description: Installation of underground utilities and plumbing system at the new Small Gym&Aquatics Center Start Date: August 2009 Completed Date: January 2011 Bid Amount: $673,482.00 Final Amount: $804o547.00 ATLAS AWED,INC. wve�ir,e C+ane,a, P1png aiHce ism Engineering COMPLETED PROJECTS Descriptive Job List 2010 Project: Woodbridge High School Parking Lot Expansion&Fire Road Loop Bid Package 2-2 Site Utilities Owner: Irvine Unified School District Address: 100 Nightmist Irvine,CA 92618 Construction Manager:C.W.Driver Contact: David Kelly(949)697-3919 Fax: 949-261-5167 E-mail: dkelly@cwdriver.com Description: Installed new water,sewer and storm drain system for new aquatic facility. Start Date: December 2009 Completed Date: 6/1/2010 Bid Amount: $243,688.00 Final Amount: $242,100.00 Ank (JAa:!° EV, INC. Fr- G--M �/C$19bp Descriptive Job List 2009 Project: Stuart Mesa{around Water Treatment System Owner. North County Transit District Address: 810 Mission Avenue Oceanside,CA 92054 Contact: Mindy Smith(760)967-2834 Fax(760-722-8087 Description: Phase I Installation of a ground water pump system,2-20,000 above ground tanks with associated underground piping to remove underground water from Rail Facility. Phase il,Low Flow Storm Water Diversion, new storm drain structures,ground water pump system and associated underground piping. Start Date: 112008 Completed Date: W009 Bid Amount: $433,686.00 Final Amount: $620,641.00 Project: Underground Utilities at North Corona Metrolink Parking Structure Owner: North Corona Metrolink Construction Manager. McCarthy Building Company Inc. Address: 20401 SW Birch St. Newport Beach, CA 92660 Contact: Mike Flick(949)355-7028 Cell (818)291-6603 Description: Reroute and install New Utilities, Storm Drain,Sewer&Domestic/Fire Water outside of New 5 Story Parking Structure at the North Corona Metrolink Station Start Date: 1/28/2008 Completed Date: 6/30/2009 Bid Amount: $257,040.00 Final Amount: $387,532.00 Project: Service Line Replacements at Spring Valley Lake Owner: County of San Bernardino Special Districts Address: 157 West 5th Street,2nd Floor San Bernardino,CA 92415 Contact: Gary Martin(909)387-5964 Fax(909)387-6968 Description: install 156 New 1" Water Service Lines with Poly Pipe and Fittings. Start Date: 311212009 Completed Date: W009 Bid Amount: $258,200.00 Final Amount: $258,200.00 Project: Water Improvements @ Patton Hospital Owner: CA Department of Mental Health Address: 3102 Highland Avenue. Patton,CA 92369-09% Contact: Ed Hasell(909)425-7332 Description: Install 1500 LF 14"Underground Owner furnished PVC Waterline from Street Point of Connection to Onsite existing connection. including 10"Backfiow Valve Installation. Start Date: 1/1/009 Completed Date: 511/2009 Bid Amount: $49,000.00 Final Amount: $48,510.00 AMAS ALLIED, INC 2009 Continued Project: Monrovia Public Library/Underground Utilities Owner: City of Monrovia Address: 132 W Palm Avenue Mommvia, CA 91016 Construction Manager. Bernard Bros Construction Management Contact: Carlos del Campo (661)510-8176 Description: Install underground utilities for new City of Monrovia Library facility Start Date: 11/14/2008 Completed Date: 3/31/2009 Bid Amount: $108,500.00 Final Amount: $112,904.79 Project: Emergency Repair Underground Storm Drain System @ Carr intermediate School Owner: Santa Ana Unified School District Address: 1601 East Chestnut Avenue Santa Ana,CA 92701.6322 Construction Manager. PCM3 Construction Contact: Steve Bachlor(Manager)714-662-0227 Description. Install New Underground Storm Drain System and Catch Basin Start Date: 11/16/2008 Completed Date: 2/15/2009 Bid Amount: $208,600.00 Final Amount: $208,600.00 Project: Simons Middle School and Philadelphia Elementary School Owner: Pomorw WNW UWt District Address: 800 South Garey Ave Pomona,CA 91766 Contact: Ava Hill (909)397-4800 Description: Site Improvements,Concrete,Asphalt and Classroom Relocation Start Date: 1/2009 Completed Date: 512009 Bid Amount: $307,612.18 Final Amount: $307,612.18 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we ATLAS-ALLIED, INC. 1210 N. Las Brisas Anaheim, CA 92806 as Principal, hereinafter called the Principal, and THE OHIO CASUALTY INSURANCE COMPANY 790 The City Drive South, Suite 200 Orange, CA 92868 a corporation duly organized under the laws of the State of Ohio as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 Main Street, Second Floor Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE 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 CC No. 1436-Springdale Street Water Main Extension Project from Glenwood Drive to Briarcliff Drive 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 parry 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 25th day of September, 2012 ATLAS-ALLIED, INC. Melissa Siciliani (witness) T^t. (Tine) Eva Siciliani,Vice Presidentrrreasurer T4 Ohio Casualty Insurance CornpyM Susan onse (witness) (Tft Adriana Vale z e , Attorney-ire-Fact AIA DOCUMENT A310•BID BOND•AIA•FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS,1735,N.Y.AVE.,N.W.,WASHINGTON,D.C. 20006 ACKNOWLEDGMENT State of California County of Orange On September 25, 2012 before me, Nile Sensabaugh, Notary Public personally appeared Eva Siciliani who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NILE SENSABAUGH Commission* 1977197 WITNESS my hand and official seal. Notary Public-California orange County My Comm.Expires Jun 1, 2016 Signature /l� (Seal) Nile Sensabaugh, Notary Public ACKNOWLEDGMENT State of California County of Orange ) On September 25, 2012 _before me, Susan Ponsell, Notary Public (insert name and title of the officer) personally appeared Adriana Valenzuela who proved to me on the basis of satisfactory evidence to be the person.("hose name(.$)-is/are- subscribed to the within instrument and acknowledged to me thatJ:e/she/"executed the same in t,Wher/t,heifauthorized capacity(aes�), and that by his/her/their signature(&)-on the instrument the personk, or the entity upon behalf of which the person{s7acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SUSAN PONSELL *, NOTARY OMM.# 1927069 +n PUBLIC-CALIFORNIA'CORANGE COUNTY Z mmission Expires March 27,2Dt5 Signature C � (Seal) TMIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5206073 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Peerless Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmedcan Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of Ohio,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,that Peerless Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, LOURDES LANDA,ADRIANA VALENZUELA, MARKW.ROSSKOPF......................................................................................................................................................................................................................................................................................... .............................................................................................................................................................................................................................................................................................................................. all of the city of FULLERTON state of CALIFORNIA each individually if there be more than one named,its true and lawful attomey-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this PowerofAttomey has been subscribed by an authorized officerorofficial of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of February 1 2012 cc xlifi y11 INS American Fire and Casualty Company The Ohio Casualty Insurance Company y O 4 C,QR?ouA,F °°p% / !° ��"�#&_ Liberty Mutual Insurance Company d d i SE, 1< ;, 5 . 1., i ,�n _� ¢} 1 1, Peerless Insurance Company S :A1., $ in / a �� � West American Insurance Company CD e0 By-a STATE OF WASHINGTON ss Gregory W.Davenport,Assistant Secretary e0 � 'O O COUNTY OF KING — O � eo v d On this 2eth day of February 2012 ,before me personally appeared Gregory W.Davenport,who acknowledged himself to be the Assistant Secretary of American Fire and >,N 0.2 Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,Peeress Insurance Company and WestAmerican Insurance Company,and that he,as such,being CDW y authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. O a c0 IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. Q M to d O e Vn.ora,r,v By, d C KD Riley,Nota Public e0 O z, OE O 4,'T m ;r.:..... v. IL cc O ` This Power ofAttomey is made and executed pursuant to and by authority of the following By-laws and Aiilfiorizations ofAmedcan Fire and Casualty Company,The Ohio Casualty Insurance c C to Company,Liberty Mutual Insurance Company,WestAmerican Insurance Company and Peerless Insurance Company,which resolutions are now in full force and effect reading as follows: +� M d O C CC ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subjectCDCD O C to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal; :a 2 E acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact,subject to the limitations set forth in their respective '- d +d powers of attomey,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When.so > Q '� executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under d .a v the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. w N wco � ARTICLE XI II—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, e�i O M and subject to such limitations as the chairman or the resident may prescribe,shall a oint such attome s-in-fact,as may be necessa to act in behalf of the Company to make,execute, op Z v t P y P PP y y rY P y o o seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their v.— respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so o r executed such instruments shall be as binding as if signed by the president and attested by the secretary, Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such attomey-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and biding upon the Company with the same force and effect as though manually affixed. I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,West American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked.I 1 IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 20 �¢z fi{R Y iNB0, u� ;a:a yuRAN,- ell �c Ak p asY cs r j aRFO. u f ° �?r By l- David M.Carey,Assistant Secretary rw—cRal e POA-AFCC,LMIC,OCIC,PIC a V4IAIC LMS 12873 012012 City ®f Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov `FB��17190g a�" Office of the City Clerk ' Joan L. Flynn, City Clerk January 4, 2013 CCL Contracting, Inc. 1938 Don Lee Place Escondido, CA 92029 RE: Springdale Water Main Extension — CC-1436 Enclosed please find your original bid bond for CC-1436. Sincerely, 111914 X.-All Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand -..natin r�+ '.-w�..�"a�'.a" Y•.,^�z ::�xai5'S�c' >u�:r~S ���.,sy�yt�+ •-t �xn'a'r •�,tyx'W�.,45'4d s+z�`"�=tri'rv'a" 4«rxg'��•s�,�- r� a':r�'�, �'��"st 7b.�.c.'�a°a.. � ,�~;., �, y�;,',, r w # ,s;.m: �-€ -,f-.. a rE -rg .t .•,rk �4t?'x „a t«a x,rr-s - r- ,..�' 'r'_`,`}",i=i z �` 'r'. :;s '"` .a::5w"N t ':, x S r -v ': i-`�:.i- •r -.a'€s'f"-'i:.r s,a,-'` �am. 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",. ;;.:' '.., .<.,, ..._.,r.- ,.s , $'� f hr •i -'t.r :,r -,a,-€ ,: .-.d,>. low h'. ., z .:7,c..,'<. ,..y.,., ..�.:�.f,,, r„... a.,- } .-k - ....,,.. ,r, x,,..r ,4 rr P s". ,. ,v.,.., ,c-::{ .,.- ,,. . ., .,x.. :. .. � .., _, ,:,,: -. �.n .. ,.. - .,....a,,,,..,�..,,! FSN ,.fR ad, ,.}" ..: „,-xr,. .,., v r. �. ...,.. w.., ,..,. Y J+.:.. :,' .,'. .. .. .,.. .$., ..., , ,. e.. ., x, ., r,^,..,. 1 N, .:..E... tae,; ,S, ,' ,. , c c,. �*. a rr,,. r, cry. ., ... < ..., +c+ ... K..,, ",' 't ., ,. a. :, .�.� ..r, u .7 .k'8 -t*• ',:,.. -3,. •:u.. .,..,, S,.rn ,,•n. sEa.+r^ -�-: � ,,,.. :-.:.z �• si, ,� ...,: _ i3"-.� '_3 ,. �,�.✓ �- ._. a ,#-. : , .wf ., ,T Y L. i .. .. :._. x „a,., - ..... a "SEALED BID" FynMl;3.t ati rt Ja~z.NOW 1 s most •re C3zw < � for Or 1 Springdale Street Water�nain Extension Project , 'r .. '�' -R } a y '� ya � "� a ' rtr 7r y" :'r•,� F �� �: 't 4 �, v. �...,+�`gt- ,:*r� z �h r` �.r ��t�a�r �r,�'�" �'�k=gg � '`F s'�t'py{�� " _sgat � v NO tell _ rrMf•�� ��-t Mon o wd q ' E11 i ., _ rny C _ A r , x E 4 ` SECTION C PROPOSAL, for the construction of Springdale Street Water Main Extension Project from Glenwood Drive to Briarcliff Drive CC No. 1436 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 50 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. ,�fp Accompanying this proposal of bid, find hid in the amount of$ �� � which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No:':'" Date Received... .;" Bidder's Si natured. C-2 SECTION C PROJECT BID SCHEDULE CC No. 1436 WATERMAIN EXTENSION PROJECT, SPRINGDALE STREET, FROM GLENWOOD DRIVE TO BRIARCLIFF DRIVE BID ITEMS �p on wU fts wc. �X � 1 Mobilization 1 LS $ 1$1q)0 $ (1,4-3 2 Traffic Control 1 LS ��cl p �l a b 3 Traffic Control Plan and Pedestrian Detour Plan 1 LS }5-D `735a 4 Furnish and install 8-inch diameter DR-14 PVC AWWA C900 pipeline, including and not limited to shoring, cathodic protection, fittings, and appurtenances 580 LF 5 Furnish and install 8"Hot Tap on Existing 12"AC with 8"RW Gate Valve, including and not limited to shoring, cathodic protection, fittings, and appurtenances 1 EA $ [yam $ ODD 6 Furnish and install 8"Hot Tap on Existing 8"AC with 8"RW Gate Valve, including and not limited to shoring,cathodic protection, fittings, and appurtenances 1 EA $ 1�1196 $ (�i1 Z) 7 Furnish and install 8-inch Gate Valve 2 EA $ ,LJSPJ $ 2-Iqoi> 8 Furnish and install 8"X 8"Tee 1 EA $ 'j Z) $ 3 �; 9 Chlorination and testing of all new water mains 1 LS $ (q)1) $ 1 q i7d 10 Demobilization and cleanup 1 LS $ 106 $ 1130 11 Remove and legally dispose of existing Asbestos Cement(AC)pipe 1 LS $ N;p d $ IYP'o TOTAL BID AMOUNT (IN FIGURES) $Za/6y0 TOTAL BID AMOUNT IN WORDS: Notes: All extensions of unit cost will be subject to verification by AGENCY. In case of a discrepancy between the unit cost and the extension, the unit cost will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-2.1 PROJECT BID SCHEDULE TOTALS CC No. 1436 WATERMAIN EXTENSION PROJECT TOTAL BID AMOUNT, BASIS OF AWARD (Bid Schedule CC No. 1436) $ -70 4 TOTAL BID AMOUNT IN WORDS: C�kP (k���� s,X "u olved a"e'eW Notes: All extensions of unit costs will be subject to verification by Owner. In case of a verification between the unit cost and the extension, the unit cost will govern. The AGENCY reserves the right to reject any or all proposals and bid items. c-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of Subcontractor State Class _ Dollar" % of r. Items) " Lacense Amount Contract "Number 3 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONC®LLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 31ZS1l at C: Date City State being first duly sworn, deposes and says tha helr she is of CC L_ Ziyy �+�a 7P -- 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. CALIP®RNPA ALL-PURPOSE ACKNOWLEDGMENT No.5193 L State of California ) OPTIONAL SECTION mumn CAPACITY CLAIMED BY SIGNER County of SAN DIEGO ) Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. On T Z-' l� before me, MICHELLE M. BASUIL, NOTARY PUBLIC ❑INDIVIDUAL personally appeared BRYAN LUSKY ®CORPORATE SECRETARY OFFICER(S) TITLE(S) who proved to me on the basis of satisfactory evidence to be the person(-) whose name(s} is/aye ❑PARTNER(S) ❑ LIMITED subscribed to the within instrument and acknowledged ❑ GENERAL to me that he/sf erthrey executed the same in his/he4- tneir authorized capacity(ies}, and that by his/hereto ATTORNEY-IN-FACT signature(-)on the instrument the person(a),or the entity ❑TRUSTEE(S) upon behalf of which the person(s4 acted, executed the ❑GUARDIAN/CONSERVATOR instrument. ❑OTHER: I certify under PENALTY OF PERJURY under the laws of MICHELLE M.BASUIL the State of California that the foregoing paragraph is N COMM.#1862575 true and correct. _W;1 �11111 _0' NOTARYPUBUCCAUFORNIA SIGNER IS REPRESENTING: SAN DIEGO COUNTY WITNESS my hand and official Seal. NAME OF PERSON(S)OR ENTITY(IES) My Comm.Exp. AUG 24,2013 Signature of Notary OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on q ZS]-(-L; at c=co'vn 110" , L/) Date City State , being first duly sworn, deposes and says tha he or she is Lr�t of CC.L_ C0N7- n`;iV; the parry making the foregoing bid that'the bid is not made in the interest of, or on the behalf of, any undisclosed person; partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization,bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. . Name of Bidder Signatu&f Bidde Address of Bidder Subscribed and sworn to before me this L� day of:� , 2017-- . NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL. CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Springdale Street Watermain Extension Project, from Glenwood Drive to Briarcliff Drive, CC No. 1436, (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 Title J Date: LZ-5 ' t C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes Zf/No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor By Title Date: C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: CC--t— Bidder Name Im (htvL6�, Business Address City, State Zip 17, Telephone Number State Contractor's License No. and Class 3/�//o f Original Date Issued Expiration Date r� .✓ 6 , The work site was inspected by of our office on 201 The following are persons, firms, and corporations having a principal interest in this proposal: `lc C_g CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of SAN DIEGO On 11v (/a2 before me, MICHELLE M. BASUIL NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared BRYAN LUSKY Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the personH whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sey executed the same in his/l-l�authorized capacity(ies), and that by his/hrHthheir signature(s) on the instrument the person(, or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of MICHELLE M.BASUIL the State of California that the foregoing paragraph is true N � COMM.#1862575 NOTARY PUBLIC-CAUFORNIA N and correct. n SAN DIEGO COUNTY F My Comm.Exp. AUG 24,2013 Witness my hand and official seal. Signature --1-7 &�� Place Notary Seal Above / Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date:9/24/12 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: BRYAN LUSKY Signer's Name: El Individual ❑ Individual 9 Corporate Officer—Title(s):SECRETARY ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ZEN ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: U 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NalionaiNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 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. rr-1--- (kRi Company Name Signature of i der )) AN 6 Printed or Typed Signature Subscribed and sworn to before me this'T'5 day of , 2011— 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: C �, 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-9 C-10 Santa Margarita WD Mission Viejo Water $273,479 6/27/08 Bart Lantz 26111 Antonio Pkwy Valve Replacement 949 459-6504 Mission Viejo, CA 92690 Project City of Escondido Alexander Water Line $3,861,659 10/30/08 Mark Lewis 201 North Broadway Pipeline 24" CML&C (12,000 LF) 760 839-4664 Escondido, Ca Santa Fe Irrigation District Fairbanks Water $1,818,006 1/30/09 Dana Johnson 5920 Linea Del Cielo Valve Replacement 858 756-2424 Rancho Santa Fe, Ca 92067 Project Sweetwater Authority Chula Vista Water $980,774 4/7/09 Tom Justo 505 Garrett Ave 619 409-6755 Chula Vista, CA South Coast Water District Dana Point Water $3,300,000 9/1/09 John 31592 West Street 36" CML&C (5,600 LF) 949 499-4555 Laguna Beach, CA Otay Water District El Cajon Water $14,407,033 10/15/10 Manny Magana 2554 Sweetwater Springs Blvd 36" CML&C (27,000 LF) 619 670-2273 Spring Valley, CA 91978 12" PVC (4,500 LF) NOC filed 12/14/10 54" Jack and Bore (460LF) Yuima Municipal Water District Water $85,812 10/8/10 Todd Engstrand 34928 Valley Center Road 12" CML&C (160 LF) 760 742-3704 Pauma Valley, CA 92061 City of Huntington Beach Water $1,776,320 9/8/11 Duane Wentworth 2000 Main Street Various size (5200 LF) (714) 536-5517 Huntington Beach CA 92648 City of Huntington Beach Cathodic Improvements 9/26/11 Andrew Ferrigno 2000 Main Street 30" CML&C (18000 LF) (714) 536-5291 Huntington Beach CA 92648 3-Deep Wells $2,738,989 Rancho California Water District Raise Manhole 9/21/11 Cooly Smith 42135 Winchester Rd $126,507 951 296-6989 Temecula, CA 92589 Helix Water District La Mesa Water $1,242,143 2/3/12 Ernie 7811 University Ave 8", 10" 619 667-6278 La Mesa, Ca BID BOND Conforms with The American Institute of Architects,A.I.A. Document No.A-310 KNOW ALL BY THESE PRESENTS,That we, CCL CONTRACTING, INC. as Principal,hereinafter called the Principal, andthe SAFECO INSURANCE COMPANY OF AMERICA ATTN: SURETY CLAIMS DEPARTMENT of 1001 4TH AVENUE, SUITE 1700, SEATTLE, WA 98154 , a corporation duly organized under the laws of the State of NEW HAMP SHIRE as Surety,hereinafter called the Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee,hereinafter called the Obligee, in the sum of TEN PERCENT OF GREATER AMOUNT BID --------------------------------------------- Dollars ($ 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 SPRINGDALE STREET WATER MAIN EXTENSION PROJECT FROM GLENWOOD DRIVE TO BRIARCLIFF DRIVE CC NO. 1436 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. Y o 24TH day f SEPTEMBER 2012 Signed and sealed this ' CCL CONTRACTING, INC. (Seal) Principal Witness { BY: BRY"KYRETARY Title SAFECO INSURANCE COMPANY OF AMERICA Witness By O MARK D. IATAROLA, Attorney-in-Fact S-00541GEEF 12100 FRP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of SAN DIEGO !/25 1�-- before me, MICHELLE M. BASUIL NOTARY PUBLIC On I Date Here Insert Name and Title of the Otticer personally appeared BRYAN LUSKY Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personH whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sey executed the same in his/weir authorized capacity(es , and that by his/hrenttheir signature(s) on the instrument the personH, or the entity upon behalf of which the persons) acted, executed the instrument. 7NOTARY LE M.BASUIL I certify under PENALTY OF PERJURY under the laws of �COUNTY #1862575 the State of California that the foregoing paragraph is true and correct. J�Z Witness my hand and official seal. Signature _;1- Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date:9/24/12 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: BRYAN LUSKY Signer's Name: ❑ Individual ❑ Individual V Corporate Officer—Title(s):SECRETARY ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited❑General ❑ Partner—❑ Limited❑General ❑ Attorney in Fact - ❑ Attorney in Fact _ ElTrustee ° El Trustee ° El Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of SAN DIEGO On 9/24/12 before me, MICHELLE M. BASUIL NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s)of Signer(s) r who proved to me on the basis of satisfactory evidence to be the personH whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/fey executed the same in his/l-�authorized capacity(tes , and that by his/herftheir signatures) on the instrument the person(e), or the entity upon behalf of which the person( acted, executed the instrument. MICHELLE M.BASUIL I certify under PENALTY OF PERJURY under the laws of COMM.#1862575 t the State of California that the foregoing paragraph is true ° NOTARY PUBLIC-CAUFORNIA N and correct. SAN DIEGO COUNTY My Comm.Exp. AUG 24,2013 Witness my hand and official seal. Signature —�"7��G�%Gr✓ �'' %X Place Notary Seal Above Signature of Notary Public - OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date:9/24/12 Number of Pages- 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited❑General ❑ Partner—❑Limited❑General GZ1 Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ITopof thumb here Guardian or Conservator Top of❑ thumb here Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationaiNotary.org Item 45907 Reorder:Call Toll-Free 1-800-876.6827 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.5542350 First National Insurance Company of America General Insurance Company of America Safeco Insurance Company of America POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America, General Insurance Company of America,and Safeco Insurance Company of America are corporations duly organized under the laws of the State of New Hampshire(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Deborah D Davis:Helen Maloney John G.Maloney Mark D. latarola all of the city of Escondldo state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 30th day of August 2012 Jp�Nc fi4 AGE C4$a 'S co owa o x�r�a gV ooa4>4� A oavatr fiy> First National Insurance Company of America 95 W� (� WIC General Insurance Company of America Safeco Insurance Company of America to 0 C By. "p - Gregory W.Davenport,Assistant Secretary 4) tma w STATE OF WASHINGTON ss c L COUNTY OF KING tC 0 dOn this 30th day of August 2012 before me personally appeared Gregory W.Davenport, who acknowledged himself to be the Assistant Secretary of First National v U d Insurance Company of America, General Insurance Company of America,and Safeco Insurance Company of America,and that he,as such, being authorized so to do,execute the NW C foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c 4 IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. C" 'a �' M1M1i.Ei 0 4) v �+ 11- t0 NO TRY By: 4) C 0 L z P138t.1i; i w KID Riley,NotaryVSjblic 4) 0 %�''n r a'`` 0 aThis Power of Attorney is made and executed pursuant to and by authority of the following By-law and Authorizations of First National Insurance Company of America, General t oc N Insurance Company of America,and Safeco Insurance Company of America,which are now in full force and effect reading as follows: w W L 0 0 0 ARTICLE IV—OFFICERS—Section 12.Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and >,4)0 C subject to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute, � 3 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact,subject to the limitations set forth in their •� L respective powers of attorney,shall have full power to bind the Corporation by their signature and executed,such instruments shall be as binding as if signed by the President and >.1 L attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board,the 4)N a >' Chairman,the President or by the officer or officers granting such power or authority. 00 L Certificate of Designation—The President of the Company, acting pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such M Zv attomeys-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and040 Z L other surety obligations. 0" Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and biding upon the Company with the same force and effect as though manually affixed. I,David M.Carey,the undersigned,Assistant Secretary,of First National Insurance Company of America,General Insurance Company of America,and Safeco Insurance Company of America do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. 24TH SEPTEMBER 12 IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 20 PpNCBC� � Co � G (1 �y /7 By: �1 ~ ` ! David M.Care Secretary 1923 } ( �6 �3 -� y,Assistant POA-FNICA,GICA&SICA 7 of 100 LMS_12874_041012-3 Company I ' s , i I , b . V' Nr� '.i , / 1 I . 7 I t ,' 1 t I 'I 3- . k1,j 4`1I I} ( ,. ,,I , 'Y , , h n vtP2 7 i 1 11 1 1 , , \ 11 1 I I V r 1 I a,1'; j1 J� ,,,1 J ? I •. II 11, �71"��� d'�'u' I r �1 '1 I " II LI II I �', .sr , � I a ' '1{, I , •' , I .. 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I ', I' 11 1„ I 1 �'�•' �' ,i j I' { j I I I� I ' t 1, 1 'I, I ' �'I I' r I r N6) '61 CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS For the construction of Springdale Street Water Main Extension Project from Glenwood Drive to Briarcliff Drive CC No. 1436 in the CITY OF HUNTINGTON BEACH • 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: SEPTEMBER 26,2012 10:00 A.M.,2ND FLOOR CITE' CLERK'S OFFICE TRAVIS K.HOPKINS,DIRECTOR DEPARTMENT OF PUBLIC WORKS CITY OF HUNTINGTON BEACH PLANS SPECIFICATIONS AND CONTRACT DOCUMENTS for the construction of Springdale Street Water Main Extension Project from Glenwood Drive to Briarcliff Drive CC No. 1436 Prepared Under the Supervision of: Q ESS/ No. C65349 Exp&2= = CN 1\. �Q Babak S. Milani,R.C.E. No. 65349 Date Approved by: ca No. C63560 ��! Exp, 12-31-12 r� �T�Or Gtat�;Y� ravis K. Hopkins,Acti g City Engineer,R.C.E. No. 60560 Date ii NOTE: If there are any questions relative to this project, please call Bob Milani at 714-374- 1735 or bob.milani@surfcity-hb.org: CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORDS 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 TABLE OF CONTENTS SECTION A NOTICE INVITING SEALED BIDS ..................................................................................A-1,2 SECTION B INSTRUCTIONSTO BIDDERS..............................................................................................B-1 1. Proposal Forms............................................................................................................B-1 2. Proposal Guarantee......................................................................................................B-1 3. Proposal Signature.......................................................................................................B-1 4. Delivery of Proposal....................................................................................................B-2 5. Return of Proposal Guarantee......................................................................................B-2 6. Taxes............................................................................................................................B-2 7. Disqualification of Bidders..........................................................................................B-2 8. Contractor's License Requirement...............................................................................B-3 . 9. References....................................................................................................................B-3 10. Listing of Subcontractors...........................................................................................B-3 11. Discrepancies and Misunderstandings.......................................................................B-3 12. Equivalent Materials..................................................................................................B-3 13. Legal Responsibilities................................................................................................B-3 14. Award of Contract......................................................................................................B-4 15. Material Guaranty......................................................................................................B-4 16. Execution of Contract................................................................................................B-4 17. Submission of Bonds and Insurance..........................................................................B-4 18. Addenda.....................................................................................................................B-5 19. Bid Protest..................................................................................................................B-5 20. Questions to the Engineer..........................................................................................B-5 iii SECTION C PROPOSAL.............................................................................................................................C-1,2 Project Bid Schedule........................................................................................C-2.1 -C-2.2 Listof Subcontractors......................................................................................................C-3 NoncollusionAffidavit....................................................................................................C-4 UtilityAgreement............................................................................................................C-5 Disqualification Questionnaire........................................................................................C-6 Compensation Insurance Certification.............................................................................C-7 Bidder's Information.....................................................................................................C-8,9 SECTION D SAMPLECONTRACT............................................................................................................ D-I SECTION E SPECIALPROVISIONS .................................................................................. E-1,2 PART I GENERAL PROVISIONS SECTION 1 -TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS........................................E-3 1-2 DEFINITIONS SECTION 2 - SCOPE AND CONTROL OF WORK.........................................E-3 2-1 AWARD AND EXECUTION OF CONTRACT 2-4 CONTRACT BONDS 2-5 PLANS AND SPECIFICATIONS _ 2-9 SURVEYING 2-10 AUTHORITY OF BOARD AND THE ENGINEER 2-11 INSPECTION SECTION 3—CHANGES IN WORK ................................................................E-7 3-3 EXTRA WORK SECTION 4 - CONTROL OF MATERIALS......................................................E-8 4-1 MATERIALS AND WORKMANSHIP SECTION5 - UTILITIES ...................................................................................E-9 5-1 LOCATION iv 5-4 RELOCATION 5-5 DELAYS SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK....................................E-10 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-7 TIME OF COMPLETION 6-9 LIQUIDATED DAMAGES SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR......................E-11 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES 7-2 LABOR 7-3 LIABILITY INSURANCE 7-5 PERMITS 7-8 WORK SITE MAINTENANCE 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-10 PUBLIC CONVENIENCE AND SAFETY 7-12 ADVERTISING SECTION 8 -FACILITIES FOR AGENCY PERSONNEL.............................E-18 8-1 GENERAL SECTION 9 - MEASUREMENT AND PAYMENT........................................E-18 9-3 PAYMENT PART 2 CONSTRUCTION MATERIALS SECTION 200 -ROCK MATERIALS .............................................................E-21 200-1 ROCK PRODUCTS 200-2 UNTREATED BASE MATERIALS SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS ......................................................E-22 201-1 PORTLAND CEMENT CONCRETE SECTION 203 - BITUMINOUS MATERIALS ...............................................E-22 203-6 ASPHALT CONCRETE SECTION207-PIPE .......................................................................................E-23 v 207-9 IRON PIPE AND FITTINGS 207-25 PVC PIPE AND FITTINGS PART 3 CONSTRUCTION METHODS SECTION 300 - EARTHWORK.......................................................................E-23 300-1 CLEARING AND GRUBBING 300-2 UNCLASSIFIED EXCAVATION SECTION 302 - ROADWAY SURFACING....................................................E-24 302-1 COLD MILLING OF EXISTING PAVEMENT 302-5 ASPHALT CONCRETE PAVEMENT 302-7 PAVEMENT FABRIC& PAVEMENT REPAIR MEMBRANE SECTION 303 -CONCRETE AND MASONRY CONSTRUCTION.............E-28 303-5 CONCRETE CURBS, WALKS GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION...............E-29 306-1 OPEN:TRENCH OPERATIONS SECTION 310 - PAINTING .............................................................................E-31 310-5 PAINTING VARIOUS SURFACES APPENDIX A DOWNLOAD PUBLIC WORKS STANDARDS APPENDIX B DOWNLOAD PROJECT PLANS AND SPECIFICATIONS APPENDIX C DOWNLOAD DE MINIMUS PERMIT FROM REGIONAL WATER QUALITY CONTROL BOARD APPENDIX D SAMPLE CITY BUSINESS LICENSE APPLICATION APPENDIX E INSURANCE AND INDEMNITY REQUIREMENTS APPENDIX F BOND FORMS APPENDIX G LOCATION MAP vi SECTION A NOTICE INVITING SEALED BIDS for the construction of Springdale Street Water Main Extension Project from Glenwood Drive to Briarcliff Drive CC No. 1436 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 10:00 A.M. on September 26, 2012. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a$50.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works,,2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the 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. A-1 No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: The project consists of the construction of new water pipe. The segment is located on Springdale Street, from Glenwood Drive to Briarcliff Drive approximately 580 lineal feet of 8-inch buried pipe. • The contract shall allow the Contractor 40 working days to complete the contract. • The engineer's estimate of probable construction cost for the work included in the basis of award is $180,000. Also, the contractor is notified that: • The City of Huntington Beach is currently in the process of obtaining the necessary permit for the crossing of the existing U.S. Navy railroad. The contractor shall verify with the City that the permit has been secured prior to commencement of any work within the Navy right-of-way. • The existing railroad is no longer in use and will be abandoned. The U.S. Navy is in the process of quitclaiming the right-of-way and removing the railroad. The railroad may or may not exist at the time of the water line construction. • The City is currently undertaking the construction of a major project involving the rehabilitation of a 36-inch water main and Springdale Street improvement work (CC No. 1330). The contractor shall be responsible for all coordination with the said project and shall be responsible for any costs incurred as a result of such coordination between the two projects. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 6th day of September 2011, by Resolution No. 2011-68. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 SECTION B INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY may reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title and CC Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. B-1 4. Delivery of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for Springdale Street Watermain Extension Project from Glenwood Drive to Briarcliff Drive CC No. 1436 in the CITY OF HUNTINGTON BEACH -DO NOT OPEN WITH REGULAR MAIL DELIVER TO THE OFFICE OF THE CITY CLERK, 2000 MAIN STREET, SECOND FLOOR Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the Office of the City Clerk prior to the bid-opening, hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. Disqualification of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. B-2 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. 10. Listing of Subcontractors Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid or$10,000, whichever is greater. 11. Discrepancies and Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract and shall be included with the proposal. 12. Equivalent Materials Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. B-3 14. Award of Contract The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. 15. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall ,be signed and delivered to the AGENCY -before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re-advertised. 17. Submission of)Bonds and Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. See Appendix F for the City approved Payment and Performance Bond Forms. The Contractor may use any standard form for the Bid Bond. The successful bidder shall provide a certificate stating that,the bonding company is admitted to do business in the State of California. This certification may be obtained from the Executive Officer and Clerk of the Superior Court at the following address&phone: Orange County Superior Court Probate Court Operations 341 The City Drive P.O. Box 14171 Orange, CA 92613-1571 (714) 935-6061, Contact Linda C. Wallace B-4 Prior to the issuance of the Notice to Proceed,.the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and may result in its rejection by the AGENCY. 19. Bid Protest To be considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening. (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY. 20. Questions to the Engineer Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received by the Engineer up to five working days prior to the bid opening as specified in SECTION A. Questions asked of the Engineer after this time will not be addressed. B-5 I SECrTION C PROPOSAL for the construction of Springdale Street Water Main Extension Project from Glenwood Drive to Briarcliff Drive CC No. 1436 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL. OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 50 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. G1 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$ 1 Sx6c� which said amount is not less than 10%of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE CC No. 1436 WATERMAIN EXTENSION PROJECT, SPRINGDALE STREET, FROM GLENWOOD DRIVE TO BRIARCLIFF DRIVE BID ITEMS ,.r it _ Description Unit `" Total Cost 4 go �� i„ ,. XtellSn©II 1 Mobilization 1 LS $ 2 0o $ 22 ,2.C)Z3 2 Traffic Control I LS (.000 Ilan 3 Traffic Control Plan and Pedestrian Detour Plan 1 LS 4 Furnish and install 8-inch diameter DR-14 PVC AW WA C900 pipeline, including and not limited to shoring, cathodic protection,fittings, and - appurtenances 580 LF $ f 22 $ 76 776C 5 Furnish and install 8"Hot Tap on Existing 12"AC with 8"RW Gate Valve, including and not limited to shoring, cathodic protection, fittings,and appurtenances 1 EA $ S,000 $ % ,O06 6 Furnish and install 8"Hot Tap on Existing 8"AC with 8" RW Gate Valve,including and not limited to shoring,cathodic protection,fittings,and appurtenances I EA °6,00 7 Furnish and install 8-inch Gate Valve 2 EA $ I !00 8 Furnish and install 8"X 8"Tee 1 EA $ 4,M $!-�,�06 9 Chlorination and testing of all new water mains 1 LS $ 7,506 $?•s00 10 Demobilization and cleanup I LS $N•�,00 $ %50-6 11 Remove and legally dispose of existing Asbestos Cement(AC)pipe I LS TOTAL BID AMOUNT (IN FIGURES) $ � TOTAL BID AMOUNT IN WORDS: Notes: All extensions of unit cost will be subject to verification by AGENCY. In case of a discrepancy between the unit cost and the extension, the unit cost will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-2.1 PROJECT RID SCHEDULE TOTALS CC No. 1436 WATERMAIN EXTENSION PROJECT TOTAL BID AMOUNT, BASIS OF AWARD o© (Bid Schedule CC No. 1436) $ TOTAL BID AMOUNT IN WORDS: , Notes: All extensions of unit costs will be subject to verification by Owner. In case of a verification between the unit cost and the extension, the unit cost will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-2.2 FIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of Subcontractor State Class Dollar % of Item(s) License Amount Contract Number q 1qW. ✓a, Y,►+ By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on , at , Date City State fr- Itp bei�n first dul sworn, deposes and says that he or she is nk' of Cpm &Ory do-0 0 i` x Xhe 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. 06A ro N n 4 n)tbo V, V1 Name of Bidder �g Signature of Bidder )DO 'J SAA-�(A t4AYY'4 �k S& t-6 ?caul&, �Address of Bidder Subscribed and sworn to before me this day of S 201�--. C 0 t9 i NG"V PUW-G01401NO i VeNtac courdy M,ow.Expk es Aug V.20t5 NOTARY PUBLIC R � NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL[., CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Springdale Street Watermain Extension Project, from Glenwood Drive to Briarcliff Drive, CC No. 1436, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. yv Czws t rvc; id vlo:1 K. Contractor By Title Date: C-s DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? / ❑ Yes M No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 186 t 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. C`ed�o C�r�►-r��a n , Inc_. Contractor Y ?re-:A CIQYI"T Title Date: C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: ('e" (In,-:Aro o n , v►c . Bidder Name 1;L0 q-. -5U nA-A MU YIA Business Address 1:5ahAu ?ao I A CA- 930 V) City, State Zip Telephone Number LA , C�4-Z6 14 State Contractor's License No. and Class 3lXI -xo6 Original Date Issued Expiration Date The work site was inspected by Aoctrcw C JVQ of our office on q 20 , 2017, The following are persons, firms, and corporations having a principal interest in this proposal: t'tl/1C�R�I.t! CP�or�y C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Ce&w Wm4rt3tA('o1q , ►n@� Company Name Signature of Bidder Printed or Typed Signature DHANOA Subscribed and sworn to before me this R-T day of S � 201-L. sft Omy.C &'�"co E,.,,;�:19944 _ Nwcxy AA*c•cauar� 's j .E: co" omm:'EgM�F�7uii.tt 704 NOTARY PUBLIC �Q� -- 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. Ne- Opat�--Vy) WN�ev DV5AYick SOU A). ►Alumedr1� 51 L An^�,le; Name and Address of Public Agency !� Name and Telephone No. of Project Manager: I Rut Ica C 95i 94 1 —9312 S39 At Y Vac. 14ImA�'aY, km(tft4il �k II Ws --,ice». Contract Amount Type of Work ate Completed Nadir` and Add s of Public Agency Name and Telephone No. of Project Manager: Jul 21 Wo, b e A l ?N, + '11t& Zqt Contract Amount Type o ork Date Completed_ _ 3. DO FMYV(WH Vr11aw,CH- Name an Address of Publi Agency Name and Telephone No. of Project Manager: Spun Azibo um C(02'&)qq6 "g989 t13z &L 2, 62q. l 3 U1 ce.tv AAA ;v► fin 1 Zv r f Contract Amount Type of Work Da Ye Completed C-9 - City. Of Huntington Beach e moire -5�-�4-r,;, .• 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov TM EBf t7 ene'p° Office of the City Clerk 9 ' Joan L. Flynn, City Clerk January 4, 2013 Palp, Inc. dba Excel Paving Co. 2230 Lemon Ave. Long Beach, CA 90806 RE: Springdale Water Main Extension — CC-1436 Enclosed please find your original bid bond for CC-1436. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand PALL? INC. DDA EXCEL PAVING CUMPAP(y �= ' LUNG BEACH,CA 90606 2912 {�.-P 26 AI 1 9: Ic 3 UOSED -SEALED �� n_ '. Y -N LOSED SEALED 900 <. .• .eFn #r. j{}r$ R�ie�! �- Jn SECTION C PROPOSAL for the construction of Springdale Street Water Main Extension Project from Glenwood Drive to Briarcliff Drive CC No. 1436 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 50 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. *TEN FERMENT OF AMUUNT BID` Accompanying this proposal of bid, find 1�m bMm in the amount of$ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No: Date Received = w ` Bidder's Si nature;;°; Ak C-2 SECTION C PROJECT BID SCHEDULE CC No. 1436 WATERMAIN EXTENSION PROJECT, SPRINGDALE STREET, FROM GLENWOOD DRIVE TO BRIARCLIFF DRIVE BID ITEMS W, 0 % 1 Mobilization I LS $ JZ 1 '17 2 Traffic Control I LS t'bb.04 3 Traffic Control Plan and Pedestrian Detour Plan I LS 00 a Ll S-b - a 4 S-V 4 Furnish and install 8-inch diameter DR-14 PVC AWWA C900 pipeline, including and not limited to shoring, cathodic protection, fittings, and appurtenances 580 LF $ $ 5 Furnish and install 8"Hot Tap on Existing 12"AC with 8"RW Gate Valve, including and not limited to shoring, cathodic protection, fittings, and 6 D appurtenances I EA $ JL bb. $ T4 06 , 6 Furnish and install 8"Hot Tap on Existing 8"AC with 8"RW Gate Valve, including and not limited to shoring,cathodic protection, fittings, and appurtenances I EA $ 7 Furnish and install 8-inch Gate Valve 2 EA $ J 2S-b- $ 3rl 6 0. 8 Furnish and install 8"X 8"Tee I EA $lyb-00 $ RYD- 9 Chlorination and testing of all new water mains I LS $ �0 bb- $ 66, 10 Demobilization and cleanup I LS $ 66- $ a 9 0 b - 11 Remove and legally dispose of existing Asbestos Cement(AC)pipe I LS $ 3 S-D 6, TOTAL BID AMOUNT (IN FIGURES) $113,96 ' J TOTAL BID AMOUNT IN WORDS: Notes: All extensions of unit cost will be subject to verification by AGENCY. In case of a discrepancy between the unit cost and the extension, the unit cost will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-2.1 PROJECT BID SCHEDULE TOTALS CC No. 1436 WATERMAIN EXTENSION PROJECT TOTAL BID AMOUNT, BASIS OF AWARD ab (Bid Schedule CC No. 1436) $ M '� 3 G o-1 V TOTAL BID AMOUNT IN WORDS: � ►tie 1, v � �d � -� -� �--�� -�-'�o � � Notes: All extensions of unit costs will be subject to verification by Owner. In case of a verification between the unit cost and the extension, the unit cost will govern. The AGENCY reserves the right to reject any or all proposals and bid items. c-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bids ` 1Vameand Address o Subcontractor State Class" Dollar %'o .. r f Items) „y,. 5 license.. mount ` Con"tract f, By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State ot Califoforegoing is true and correct and that this declaration is executed oiRFP 26 10It GA111=0R1+13A Date City State C P BROWN , being fyo(Wtygorn, deposes and says that he or she is PRESIDENT of El PAVING COMKW 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. PkP. INU. EXCEL PAVING COMPAW Name of Bidder Signature of Bidder C:-P. BROWN, PRESIDENT 2230 IELION AVENUE LONG UEACH, CA 90806 Address of Bidder 2 Subscribed and sworn to before me this day of SEP 61012, 201_ NOTARY PUBLIC _ ATTACHED NOTARY SEAL C-4 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On SEP 26 2g1.2 before me, C. Castillo, Notary Public (Here insert name and title of the officer) personally appeared C.P. Brown who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/it subscribed to the within instrument and acknowledged to me that he/sfty executed the same in hiss authorized capacity(ies), and that by his/ ir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ail$meIgloo souse11611110 Igo eo1rl1181IL :9 C.CASTIUJO WI l y han ial seal. Com#1982211 77NOTARY pUBUC.CAUFOFMA LOS ANGE S COUNTY r My won E OM 08/18/2018 Signature of Notary Public (Notary Seal) ;otona0000u jiggle 111 it,me oil noonr ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Airy acknowledgment completed in Cal(fornia must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment farm must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of t al(fornia.In such instanr es,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e. ceff&ng the authorized carpaity of the signer). Please cheek the (Tide or description of attached document continued) document cmefWlyfor proper notarial wording and attach thisform(f required Number of Pages Document Date • State and County information must be the State and County where the document signers)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your tide(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/dW,-is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording.• ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Tide) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(S) acknowledgment is not misused or attached to a different document. ❑ Other Indicate tide or type of attached document,number of pages and date. J Indicate die capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the tide(i.e CEO,CFO,Secretary) • Securely attach this document to the signed document 2008 Version CAPA v12 10 07 800-873-9865 www,NotaryC:lasses con 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 Springdale Street Watermain Extension Project, from Glenwood Drive to Briarcliff Drive, CC No. 1436, (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. PALPINC. EXCEL PAVING COMPAW Contractor By 0.Vl. BROWN,PREWENT Title Date: SEP 2 6 2012 C-s 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 U No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. PAL? INUM Contractor By fG.P. BROWN, PRESIDENT Title Date: S_p 2 6 2012 C-7 BIDDER°S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name PALP,INC. DSA EXCEL PAVING COMPANY 2.230 LEMON AVENUE LUNG BEACH,CA 90806 Business Address City, State Zip ( ) 1562)599-5841 Telephone Number STATE LIC. 608659 W A . ca, ci I State Contractor's License No. and Class 4.1 l- OW Original Date Issued Expiration Date 1,012 The work site was inspected by of our office on , 201LiCo The following are persons, firms, and corporations having a principal interest in this proposal: 010 P.,emwn Vice President and Chief Operating Of ff 111 ncial C1ifiC" Btuce E.E. FI ft ice —qt*Or$e R-MC Vice President 2910 1 ELIO N AVENUE Marcia S.Miller c LONG cACH, CA 90806 Michele E.�akulioh Assistant SeaetarY C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. P .INC-DU Company Name EXCEL PAVIFTEGUMPMy Signature of Bidder G,P. BROWN,PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this_day of , 201_ . NOTARY PUBLIC 3 E E ATTACNED 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• 00 WmeA Ix 15 — Ave., 6i Ch OL OW 30 Name and Xddress of Public Agency Name and Telephone No. of Project Manager: 4VU �AW S 1 N)1 JJA ( (pOl y q-o% yo �nfi Z-Amf Lq -�lt Contract Amount Type of Work Date Completed 2. -CA dot �ib►N�jy► 4r 9� C4- C.0Igo Name and Address of Public Agency Name and Telephone No. of Project Manager: �g11) �-PL i Z Contract Amount Type of Work Slwipt "tv% Date Completed 3. (��,(� CSt�0,-\ V 1- V 11?0 ClVLL CAi-- AisNi i Vigoo gjkgJ Name and Address of Public Agency Name and Telephone No. of Project Manager: (,� �jC.�t.�QQ,�!'1,(Lri' %10 Vq IV, %D V'U) bv&", t tIJA Contract Amount Type of Work hate Completed C-9 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On SEP 2 6 2012 before me, C. Castillo, Notary Public (Hero uuert name and title of the officer) personally appeared C.P. Brown who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/M subscribed to the within instrument and acknowledged to me that he/AwWy executed the same in his/WyAkk authorized capacity(ies), and that by his/ ir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �1/1111/11//1//I//1/IIIgI//ggqqllq/1/e y h d eial seal. '� dloTM WS ANGEIES COu M MY Cornm"on Expires 06/16MO16 (Notary Seal) 9/I in,II191I1111 too it Moving moo motor Si o Notary Public ADDITIONAL, OPTIONAL.INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT ap acknowledgment ab�in he CO�yerec in California must contaknowie verbiage exactly must as appearsterry section or a separate acknowledgment form must be properly completed and attached to that document. Tlx only exception is 1 a document is to be recorded outside of Call/b.-Ma In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does nor require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Pkase check the (Title or description of attached document continued) document carejuUy for proper notarial wording and attach this form if required Number of Pages Document Date • State and County information must be the State and County where the document siguer(s)personally appeared before the notary public for wknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment Is completed. (Additional information) • The rotary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. El Individual(s) he/shelt�is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording.• ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a difrerent document. ❑ Other Indicate title or type of attached document,number of pages and date. �+ Indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer,indicate the title(i.e CEO,CFO,Secretary) • Securely attach this document to the signed document 2008 Version CAPA v 12 10,07 800-873-9865 www.NotaryCIasses com C-10 Bond No. Bid Bond BID BOND The American Institute of Architects, AIA Document No.A310(February, 1970 Edition) KNOW ALL MEN BY TBESE PRESENTS,that we PALP Inc.dba Excel Paving Company as Principal hereina$er called the Principal,and Federal Insurance Company a corporation duly organized under the laws ofthe state of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee,hereinafter called the Obligee,in the SUM Of Ten percent of the total amount of the bid Dollars (S 10% ), for the payment of which sure 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 Springdale Street Water Main NOW,THEREMRE,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 band or bonds as may be specified in the bidding or Contract Documents with goad and sufficient surety for the faithful performance of such Cwtract 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 board 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 17th day of September , 2012 PALP Inc.dba Excel Paving Company Principal. (Seal) Witness By: . .P, BROWN,PRESIDENT Namerride Federal Insurance Company Surety (Seal) witness By-C �Q- Douglas Q, Rapp Anorney-in-Fact ORSC 2132E(5/97) ACKNOWLEDGMENT State of California County of Orange ) On 09/17/2012 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(.9)whose name($) ism subscribed to the within instrument and acknowledged to me that he/ executed the same in his/ et authorized capacity(i,-*, and that by his�h@FA148i signature(y) on the instrument the person(g), or the entity upon behalf of which the person(o) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �,5�"`.°Frye DEBRA SWANSON COMM. # 1822117 X -® a NOTARY PUBUUkIFORNIA X !� ORANGE COUNTY Cn °qur My Comm.Exom NOV 10,2012 Signature (Seal) ° Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surely ATTORNEY Pacific Indemnity Company Warren, NJ 07059 C6=9iJ®® Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California----------------_--------_---_--------------------_-- each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December,2011. Kenneth C.Wendel,Assistant Secretary .Norris,Jr.,Vice President STATE OF NEW JERSEY County of Somerset ss. On this 16th day of December,2011 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,tome known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE-COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that he is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B.Norris,Jr.,subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris,Jr.,and was thereto subscribed by authority of said By- Laws and in deponent's presence. Notarial Seal ADc KATHERINE J.ADELAAR NOTARY PUBUC OF NEW JFRSF� /'� 9�p►RY �y N0,2316685 �r Q-�P Commit On ExpirOs JUIy 14.2014 Notary Public CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,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 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:cert Pied by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the'companies')do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (III) the foregoing Power of Attorney is true,correct and in full force and effect Given under my hand and seals of said Companies at Warren,NJ this 17th day of September, 2012. [A Kenneth t� a •rtr�NS$ o- i dBW YCNt'+f Kenneth C.We el,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656 e-mail: surety@chubb.com Form 15-10-02256-U (Ed.5-03) CONSENT CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On before me, C. Castillo, Notary Public (Here insert name and tide of the o(ricer) personally appeared C.P• Brown who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/Kee subscribed to the within instrument and acknowledged to me that he/9hvWy executed the same in his/Bf&T authorized capacity(ies), and that by his/lair signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. i®easeleeeleeeleeeago sea A legal sea eeeeb . C. LLO 7WIJ3ffihand ocial seal. COM1.#1I982211 Q NOTARY PUBLIC-CAIPOFNA jLOB ANGELES COUNTY Sigoadrre o Notary (Noer+S'�) �eceeiileeaae�ieeeaeeExiioiA�ee/901�e0®Bestir ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT � acknowledgment, ov Qompleted in California must contain verbiage e=dy.as appe notary section or a separate acknowledgment form must be property completed and attached to that document 774 only exception it Cr a document is to be recorded outside of California,in such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that it illegal for a notary in California(i.e. certifying the authorized capacity of the signer). Pkase dwck the (Title or description of attached document continued) document cartfully for proper notarial wording and attach this form(frtqukvd Number of Pages Document Date • State and County information must be the State and County where the document signers)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment Is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your tide(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) hdshelthey-is/are)or circling the correct forms,Failure to correctly indicate this information may lead to rejection of document recording.• ❑ Corporate Officer • The notary seal impression must be clear and pbotographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of ❑ Attorney-in-Fact the county cleric. Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment cs not misused or attached to a different document ❑ Other Indicate tide or type of attached document,number of pages and date, �? Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e CEO,CFO,Secretary). Securely attach this document to the signed document 2008 Version CA-PA v12.10.07 800-873-9865 www.NotwyClasses.com, i City ®f Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 AN (714) 536-5227 ♦ www.huntingtonbeachea.gov ®ice of the City Clerk Fd,I7,7999P' ` Joan L. Flynn, City Clerk January 4, 2013 GRFCO, Inc. PO Box 7689 Moreno Valley, CA 92552 RE: Springdale Water Main Extension — CC-1436 Enclosed please find your original bid bond for CC-1436. Sincerely, �L. �3 Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand GRFCO, INC. P.O.Box 7689 Moreno Valley,CA 92552 r :n. . . .. i City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Project: Springdale Water Main Extension CC-1436 Bid Date: September 26, 2012 @ 10:OOAM SECTION C PROPOSAL for the construction of Springdale Street Water Main Extension Project from Glenwood Drive to Briarcliff Drive CC No. 1436 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 50 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 13,d in the amount of$ /G 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: Biddec's:Si nature Date Received C-2 SECTION C PROJECT BID SCHEDULE CC No. 1436 WATERMAIN EXTENSION PROJECT,SPRINGDALE STREET, FROM GLENWOOD DRIVE TO BRIARCLIFF DRIVE BID ITEMS 24 1� NT g I Mobilization I LS $soad!- $ -00 2 Traffic Control I LS 1 3 Traffic Control Plan and Pedestrian Detour Plan I LS 4 Furnish and install 8-inch diameter DR-14 PVC AWWA C900 pipeline,including and not limited to shoring,cathodic protection,fittings,and appurtenances 580 LF 067. - $ ?i ,94o- 5 Furnish and install 8"Hot Tap on Existing 12"AC with 8"RW Gate Valve,including and not limited to shoring,cathodic protection,fittings,and appurtenances I EA 6 Furnish and install 8"Hot Tap on Existing 8"AC with 8"RW Gate Valve,including and not limited to shoring,cathodic protection,fittings,and appurtenances I EA $ oop $ SA oop. 7 Furnish and install 8-inch Gate Valve 2 EA $ Z So 8 Furnish and install 8"X 8"Tee I EA $ /,4NAP. $ 9 Chlorination and testing of all new water mains I LS $ Yo og,- $ 10 Demobilization and cleanup I LS $ /Poo& $ I 11 Remove and legally dispose of existing Asbestos Cement(AC)pipe I LS $ 1010. $ 00. TOTAL BID AMOUNT (IN FIGURES) sl3�91(0 TOTAL BID AMOUNT IN WORDS: om-e, 7 qliolv et:.I-.� 7t cl Notes: All extensions of unit cost will be subject to verification by AGENCY. In case of a :4- discrepancy between the unit cost and the extension, the unit cost will govern. The AGENCY reserves the right to reject any or all proposals and bid items. P- Tw- i-411 C-2.1 PROJECT BID SCHEDULE TOTALS CC No. 1436 WATERMAIN EXTENSION PROJECT TOTAL BID AMOUNT, BASIS OF AWARD(Bid Schedule CC No. 1436) $ 139, D n TOTAL BID AMOUNT IN WORDS: / QN�1kA,0 il' 7*-;t Z �io� 7L' �lic4QliyG( Notes: All extensions of unit costs will be subject to verification by Owner. In case of a verification between the unit cost and the extension, the unit cost will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of Subcontractor State Class Dollar %-of Item(s) License . Amount Contract Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLI.,USION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 9 s /x, at �����, Vuh,• r� D to City State G a°o,Se �S , being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of,n 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 Signatur f Bidder Po. 7685 A/V 64 Address of Bidder Subscribed and sworn to before me this day of T, 01 ZL.2 L.EON NORiEGA LOPEZ ` COMM.#1907501 NOTARY PUBLIC-CALIFORNIA RIVERSIDE COUNTY NOTARY PUBLIC My Comm.Expires Oct.9,2014 NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY DE HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Springdale Street Watermain Extension Project, from Glenwood Drive to Briarcliff Drive, CC No. 1436, (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 contai in. INC. C tractor By Title Date: C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes R N0 If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. INC ontractor By ((. Title - Date: q 2(; t Y C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: GRFCO, INC. Bidder Name P.O.Box 7689 Moreno Valley,CA 92552 Business Address City, State Zip ( 9sf) C.5 7- 888 -7 Telephone Number ,291Gr3 i4 State Contractor's License No. and Class Z97"1 Original Date Issued �c-ty 2d R Expiration Date The work site was inspected by G FrG 5 of our office on r �,2012% The following are persons, firms, and corporations having a principal interest in this proposal: C-8 The undersigned is prepared to sa ' the ouncil of the City of Huntington Beach of its ability, financially or otherwise, to p orm the co tract for the proposed work and improvements in accordance with the plans a specification set forth. ING Co pany Name = _ Signature Bidder a +- e Frey Printed or Typed Signa ure Subscribed and sworn to before me this,2C day of S 'L , 2012-. „ LEON NORIEGA LOPEZ COMM. #1907501 NOTARY PUBLIC-CALIFORNIA RIVERSIDE COUNTY NOTARY PUBLIC My Comm.Expires Oct.9,2014 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 years6-I&C%7- I. _ o � /74� k-, 6-ee'-d-11- J Name an Address of Public Age y Name and Telephone No. of Project Manager: DLI-d n�p— GJeA7`W e 7a� CX)U C�a ���`� �v✓. o lI Contract Amount Type of Work Date Completed 2. C' d-� {?� Name and Xddress of Public Agency /J (, Name and Telephone No. of Project Manager: �� Sy l'C� �,j 1 O), . �3 7 7 Oil. 000 Se-w� e.��► h EQ -� �� 5 'rS Contract Amount Type of Worker Date Co pleted 3. /-C-Oh S &Pe-G t-,- !� Name and Address of Public Agency Name and Telephone No. of Project Manager: 77— 6 66 _2 C) 0 6 0 Se l" 6'it/-- P 20/.2-- Contract Amount Type of Work D to Completed C-9 C-10 The Guarantee Company of North America USA 25800 Northwestern Highway, Suite 720 Southfield, Michigan 48075 Phone: 248-281-0281 Fax: 248-750-0431 BID BOND BOND NO. Not Applicable KNOW ALL MEN BY THESE PRESENTS, That we, GRFCO, Inc. as Principal, and The Guarantee Company of North America USA, a corporation duly organized under the laws of the State of Michigan, as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of Ten Percent of the Total Amount of the Bid ($ 10% ) Dollars for the payment of which Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally. WHEREAS, Principal has submitted a bid for Springdale Street Water Main Extension Project CC No. 1436, the Project. NOW, THEREFORE, if the Obligee accepts the bid of the Principal and the Principal enters into a Contract with the Obligee for the Project; or, if the Principal pays the Obligee the amount of this Bond or the difference between Principal's bid and the next lowest bid for the PrCFCO er is less: this obligation is null and void, otherwise to remain in full force and effect. Signed and sealed this 20th day of September , 2012 0,11 BY: - Witness Princip ITS: Pr--:&� f The Guarante Comp y of rth merica USA BY: \ ess k E. Shrec a gast, Attorney-In-Fact Bid Bond 1 of 1 9/20/2012 CS0025 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On Sao - .264 201,2-before me, Leon Lopez, Notary Public Date Here Insert Name and Tide of the Officer personally appeared FRc s^T Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/we subscribed to the within instrument and acknowledged to me that hs/sy executed the same in him authorized capacity(ies&), and that by his/ signatures}on the instrument the person(*, or the entity upon behalf of which the person*acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws LEON NORIEGA LOPEZ of the State of California that the foregoing paragraph is COMM.#1907501 true and correct. NOTARY PUBLIC-CALIFORNIA C-0 RIVERSIDE COUNTY WITNESS m hand a fficial seal. My Comm.Expires Oct.9,2f)14 y Signature Place Notary Seal Above Si a e of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: C-1=©f2.G—i= FRa5T' Signer's Name: ❑ Individual ❑ Individual 8 Corporate Officer—Title(s): President&Secretary ❑Corporate Officer—Title(s): Partner—❑Limited ❑General 105156000,11133141 ❑_ Partner—❑Limited ❑General D Attorney in Fact • - ❑Attorney in Fact • u Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave..P.O.Box 2402 Chatsworth,CA 91313.2402•wxm.NadonsiNotaryorg Item a5907 ReorderCaUToll-Free 1-806876-6827 ACKNOWLEDGMENT State of California County of Los Angeles On September 20,2012 before me, Julie M.Shreckengast,Notary Public (insert name and title of the officer) personally appeared Mark E.Shreckengast who proved to me on the basis of satisfactory evidence to be the person(M whose namem is/Ali subscribed to the within instrument and acknowledged to me that heMMWexecuted the same in hisX4910MIK authorized capacityq"), and that by hisAMYW&signatures on the instrument the person(V), or the entity upon behalf of which the personM acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JULIE MARY .SHHECKENGAST COMM.#1845034 m WITNESS my hand and official seal. NGLOSANGELEPUBLICSCOUNTYTARY PUBLIC- AUFORNIA My Comm.Expires Apr.26,2013 1 Signatur' �� � �� (Seal) THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield,Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint Mark E.Shreckengast Summit Surety Insurance Services its true and lawful attorneys)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31'�day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attorneys)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seat of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner— Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 23rd day of February,2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA r TM"ltE�' 1A4 �. STATE OF MICHIGAN Stephen C.Ruschak,Vice President Randall Musselman,Secretary County of Oakland On this 23rd day of February,2012 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly swom,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seat of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee Notary Public,State of Michigan Company of North America USA offices the day and year above written: County of Oakland My Commission Expires February 27,2018 'L Acting in Oakland County I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. �w* � IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 20th day of September 2012 Randall Musselman,Secretary City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Ffe °'' se 7 Office of the City Clem I 190q ` Joan L. Flynn, City Clerk January 4, 2013 J A Salazar Construction & Supply Corp. 613 N. Harbor Blvd. La Habra, CA 90631 RE: Springdale Water Main Extension — CC-1436 Enclosed please find your original bid bond for CC-1436. Sincerely, �1-•9�'a� g � Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo,Japan ♦ Waitakere, New Zealand J A SALAZAR CONSTRUCTfON&SUPPLY CORP. 20 i 7 613 N.HARBOR BLVD. I-.HABRA,CA. W631 CITY OF HUNTINGTON BEACH CITY CLERK 2000 MAIN ST HUNTINGTON BEACH CA 92648 a?" �ir wk °,��ro'�;a:x `�,,"''�.„e `'t'- � h �a!ty z ": � �'�w. 9• '�r"�' z :'�.,,..;'# d �T�'+ .., ;,.+,,.{"y�`wxti•a„ ,Y ....,fie. �� �x,� t«�.»s"'�� =:�, ,�.*,,Y.z+�„"�nva� :.w'�' ��'��. x+s �k a��Ai� >a :'`�"n'a*� �{� .., C t n I r n n�r� e��.w e�ia.... .::k�P?:�' �� �-.,,_ �°: ..._._"° ,,�sy✓k.`,. _�js':`J:�n.%'�5�..T .r�,.„�..*',b2.r$;�-� X���is,.,,��..,,u`:: J A SALAZAR CONSTRUCTION&SUPPLY CORP 613 N.HARBOR BLVD. SECTION C LA HABRA,CA. 90631 PROPOSAL for the construction of Springdale Street Water Main Extension Project from Glenwood Drive to Briarcliff Drive CC No. 1436 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL, OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 50 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 J ASALAZAR CONSTRUCTION&SUPPLY CORP 613 N.HARBOR BLVD. LA HABRA,CA. 90631 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 ' �ii 'L in the amount of$ �l)`l: �=�p which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Si nature C-2 J A SALAZAR CONSTRUCTION&SUPPLY CORP 613 N.HARBOR BLVD. SECTION C LA HABRA,CA. 90631 PROJECT BID SCHEDULE CC No. 1436 WATERMAIN EXTENSION PROJECT, SPRINGDALE STREET, FROM GLENWOOD DRIVE TO BRIARCLIFF DRIVE BID ITEMS temT A escr nand► - (� ty n� mat. 'oc tal 4 lm o. - _ 1 Mobilization 1 LS $ 9,000 $ (6,OOy 2 Traffic Control l LS k ,goo 1$00 3 Traffic Control Plan and Pedestrian Detour Plan I LS 3,,gov 3�5� 4 Furnish and install 8-inch diameter DR-14 PVC AWWA C900 pipeline, including and not limited to shoring, cathodic protection, fittings, and appurtenances 580 LF $ 4t700 $ (0 000 5 Furnish and install 8" Hot Tap on Existing 12" AC with 8" RW Gate Valve, including and not limited to shoring, cathodic protection, fittings, and appurtenances 1 EA $ k 10(0D $ 'A q00 6 Furnish and install 8" Hot Tap on Existing 8" AC with 8" RW Gate Valve, including and not limited to shoring, cathodic protection, fittings, and appurtenances 1 EA $ N1SOo $ LAIC" 7 Furnish and install 8-inch Gate Valve 2 EA $ 1 oo $ 21 b00 8 Furnish and install 8"X 8" Tee 1 EA $ H00 $ Lk00 9 Chlorination and testing of all new water mains l LS $ 000 $ 000 10 Demobilization and cleanup 1 LS $ _7DOoo $ Lo 1 000 11 Remove and legally dispose of existing Asbestos Cement(AC) pipe 1 LS $ Coo $ GOD TOTAL BID AMOUNT (IN FIGURES) $ kU5?g00 TOTAL BID AMOUNT IN WORDS: Ome N0"Inp S)xTy 'F, /t-: -tAOQSAO>> g,0 KJNUR6n 1�)01,%�4►ZS Notes: All extensions of unit cost will be subject to verification by AGENCY. In case of a discrepancy between the unit cost and the extension, the unit cost will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-2.1 J A SALAZAR CONSTRUCTION&SUPPLY CORP 613 N.HARBOR BLVD. LA HABRA,CA. 9MI PROJECT BID SCHEDULE TOTALS CC No. 1436 WATERNIAIN EXTENSION PROJECT TOTAL BID AMOUNT, BASIS OF AWARD (Bid Schedule CC No. 1436) $ V .Cwo TOTAL BID AMOUNT IN WORDS: Notes: All extensions of unit costs will be subject to verification by Owner. In case of a verification between the unit cost and the extension, the unit cost will govern. The AGENCY reserves the right to reject any or all proposals and bid items. c-2.a J A SALAZAR CONSTRUCTION&SUPPLY CORP 613 N.HARBOR BLVD. LA HABRA,CA. 9W31 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address ofSubcontractor State Class Dollar % Item(s) License Amount 'Contract Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 J A SALAZAR CONSTRUCTION&SUPPLY CORP 613 N.HARBOR BLVD. LA HABRA,CA. 9W31 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 4- , at LA MAMA , CA Date City State SSG �_-'5ALAZAX , being first duly sworn, deposes and says that he or she is cS�r��%Ne of 1,A. SALA}:UL 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. o ALA IA9, Name\�'ffddW Signatu tdr JASR NSTRUCTION&SUPPLY CORP 613 N.HARBOR BLVD. LA HABRA,CA. M1 Address of Bidder Subscribed and sworn to before me this day of , 201 Wit: RTT""C kei> NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA ALL,-PURPOSE ACKNOWLEDGMENT l s State of California ss. fi County of Y g On kL before me, Dilate - 3me and Ti of ffcer(e.g.,"Jane Doe,Notary Publi ") _ E personally appeared Names)o Signer(s) ,Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence ) to be the person(o whose name(* is/am subscribed to the within instrument and acknowledged to me that he/#AmjI executed A.CASTILLO the same in his/ authorized COMM. #1912838 z �capacity , and that by his/ Notary Public California c signature(o on the instrument the person(, or z Los Angeles County Comm.E 'resNov. 11,2014 the entity upon behalf of which the personO acted, executed the instrument. r � WITNES y ha�annicial se I. I Place Notary Seal Above Signature of Notary Public � I I � I I OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document l and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: I � I Signer(s) Other Than Named Above: l Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual a - Top of thumb here i ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ? ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: i l 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 J A SALAZAR CONSTRUCTION&SUPPLY CORP 613 N.HARBOR BLVD, UTILITY, AGREEMENT LA HABRA,CA. 90631 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 Springdale Street Watermain Extension Project, from Glenwood Drive to Briarcliff Drive, CC No. 1436, (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. J A SALAZAR CONSTRUCTION&SUPPLY CORP 613 N.HARBOR BLVD. LA HABRA,CA. 90631 Contractor 059 SA UA I ML By Title Date: C-5 J A SALAZAR CONSTRUCTION&SUPPLY COR 613 N.HARBOR BLVD. 1 A HABRA,CA. 90631 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 dNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. J A SALAZAR CONSTRUCTION&SUP P\CORP 613 N.HARBOR BL LA HABRA,CA. 31 Contractor 5f. GN xAR By Title Date: C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name J A SALAZAR CONSTRUCTION&SUPPLY CORP 613 N.HARBOR BLVD. Business Address tA ' J A SALAZAR CONSTRUCTION&SUPPLY CORP 613 N.HARBOR BLVD. I A I ARRA GA 90631 City, State Zip (5(0.0 (Ak — 3e41- Telephone Number -* A * c 3q State Contractor's License No. and Class Original Date Issued r, Ik3� 201� Expiration Date The work site was inspected by of our office on M �G 1'Z- , 201L. The following are persons, firms, and corporations having a principal interest in this proposal: J 613 N.HARBOR BLVD. LA HARRo(y,4g ���' C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set J A SALAZAR GONSTR TION �PPLY G, 613 N.HAREkOR BL D. Company ", BRA, Signature of Bidder e —TpS6 CM 176 R Printed or Typed Signature Subscribed and sworn to before me this_ day of , 201_ . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. SC-6 AnP4,-tw•SrsT "A " Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. S CC A:-rA,,i.A EN r 'A Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. �eC AcrrAq+vLrT— 4A `. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of Californi ss. County of Le, (,� kY OnZrrz Iz before me, Z. ,ate Name a d Title of O er g.,"Jane Doe,Notary ublic") �� personally appeared Name s)of Signer(s) Wpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(o whose name(o is/ subscribed to the within instrument and acknowledged to me that hel's#aWiM executed A.CASTILLO the same in his/ authorized COMM. #1912838 z o Notary Public California o capacity(OB), and that by his/ , z Los Angerce5Cou nt2014 signature( on the instrument the person(, or M Comm• the entity upon behalf of which the person(d) acted, executed the instrument. WITNES y hand d'official seal. I l Place Notary Seal Above i nature of Notary Public I I I OPTIONAL l Though the information below is not required by law, it may prove valuable to persons relying on the documentI and could prevent fraudulent removal and reattachment of this form to another document. I I Description of Attached Document Title or Type of Document: Document Date: Number of Pages: l � I I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General > ❑ Attorney in Fact Trustee ❑ Guardian or Conservator I: I ❑ Other: Signer Is Representing: I I I 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1.800-876.6827 C-10 J.A. SALAZAR CONSTRUCTION & SUPPLY CO" GENERAL ENGINEERING CONTRACTOR License No.A743587 613 N. Harbor Blvd ATTACHMENT "A" La Habra CA 90631 Tel (562) 691-3647 - Fax (562) 691-1092 CURRENT & COMPLETED PROJECTS Date " :;;" 43, G � ",,' F lCom leted" Job Descrtptlon y Agency Address Ct�ntact Phone# , C©ntract b ,. ..n. i:36F,d" Central City 8" Water Main Inst 20 Civic Center Plaza (M-43), Ed Torres 1/9/2009 City of Santa Ana Santa Ana CA 92701 (714) 647-5018 $ 777,329.00 8" Watermain on Maryland Ave Crescenta Valley 2700 Foothill Blvd, La Crescenta Julian Lee 11/30/2009 Water District CA 91214 (818) 248-3925 $ 325,424.00 Bloomfield/Civic Center Dr Golden State 12035 Burke St, Santa Fe Springs Ruben 12/15/2009 Water Company CA 90670 Tri ueros (562) 907-9200 $1,758,034.00 Slauson Ave Watermain (domestic Golden State 12035 Burke St, Santa Fe Springs Ruben 5/15/2010 12"water main) Water Company CA 90670 Tri ueros (562) 907-9200 $ 346,935.00 Centralia Plant Discharge Piping Golden State 12035 Burke St, Santa Fe Springs Ruben 10/30/2010 (plant work,steel&DIP Water Company CA 90670 Tri ueros (562) 907-9200 $ 217,112.00 District 1 Water Main; Phase 1 505 S. Garey Ave, Pomona CA Jason Brown (domestic 8"&6" DIP water main 11/23/2010 including services, hydrants,a urt.) City of Pomona 91769 (562) 908-6222 $ 1,440,619.00 Mayflower Ave Water Main Repl Golden State 1920 W. Corporate Way, Anaheim Todd Waltz (domestic8" &6" DIP water main including 12/29/2010 services, hydrants, a urt.) Water Company Ca 92801 (714) 535-7711 $ 105,115.00 Chapman Ave Watermain Repl Golden State 1920 W. Corporate Way, Anaheim Kerwin Fujikami (domestic 12"& 10" DIP water main 1/7/2011 including services, hydrants,a urt.) Water Company Ca 92801 (714) 535-7711 $ 393,353.00 GWP Foothill Well & Facilities 141 N. Glendale Ave, Glendale Ca Rosanna Lau Project (well rehab, discharge line, discharge tank,grading, retaining wall, instrumentation &telemetry,flow meters, 1/24/2011 chlorinations system, 8" DIP,vaults. City of Glendale 91206 (818) 548-3966 $ 1,292,100.00 WB-33 PRS/Vault Replacement Golden State 1225 W 190th St., Suite 350, Joe Farrah (MWD interconnect, 8"&6" steel piping, metering station, instrumentation & 2/23/2011 1 telemetry, large vault) I Water Company Gardena 90248 1 1 (310) 436-69501 $ 355,380.00 Project History 1 of 3 J.A. SALAZAR CONSTRUCTION & SUPPLY CORP GENERAL ENGINEERING CONTRACTOR License No.A743587 613 N. Harbor Blvd ATTACHMENT "All La Habra CA 90631 Tel (562) 691-3647 -Fax(562)691-1092 CURRENT & COMPLETED PROJECTS '77,57-"r !o A ' - AddtegsJobiDetr,Otn Phone#t, Cont0b&t S ompr aF, T'Y', Inglewood Waterline Replacement City of Inglewood One Manchester Blvd, Inglewood Jose Ramirez (domestic 8"&6" DIP water main 3/4/2011 including services, hydrants,appurt.) CA 90301 (310) 412-5333 $ 589,310.00 Sayre St Transmission Main City of San 117 Macnell St, San Fernando CA Manuel Fabian 3/31/2011 (domestic 12" DIP water main) Fernando 91340 (818) 898-1243 $ 255,740.00 2011 Hydrant Replacement Golden State 2143 Convention Center Way Danielle Jones 7/31/2011 Program Water Company #110, Ontario CA 91764 (909) 937-0111 $ 43,800.00 6" Watermain in Alley e/o Avalon Golden State 1225 W 190th St., Suite 350, Joe Farrah 7/31/2011 Water Company Gardena 90248 (310) 436-6950 $ 56,846.00 8" Watermain in Alley w/o Golden State 1225 W 190th St., Suite 350, Joe Farrah 7/31/2011 Normandle Water Company Gardena 90248 (310) 436-6950 $ 227,943.00 Bonnie Cove Water Main Repl Golden State 1920 W. Corporate Way, Anaheim Todd Waltz (domestic 12", 10" &8" DIP water main 8/5/2011 including services, hydrants,appurt.) Water Company Ca 92801 (714) 535-7711 $ 396,420.00 Plant 33 Modifications Monte Vista 10575 Central Ave Montclair CA Hank Aceves 8/12/2011 Water District 91763 (909) 267-2185 $ 31,000.00 Josephine St Water Main (install 11330 Bullis Rd, Lynwood CA Paul Nguyen 8/15/2011 2,500 LF of 12" DIP) City of Lynwood 90262 (310) 603-0220 $ 464,707.00 2011 Retail Zone Water East Orange 185 N. McPherson Rd Orange CA Distribution Improvements (install County Water Lisa Ohlund 8/26/2011 1,425 LF of 8" DIP) District 92869 (714) 538-5815 $ 275,000.00 Pressure Reducing Station Zone 2 City of Arcadia City of Arcadia, Public Works Services Dept 11800 Goldring Rd Engineering 10/15/2011 to Zone 2A Arcadia CA 91006 (626) 256-6554 $ 135,220.00 Diamond Park Mutual Water 20 Civic Center Plaza (M-43), Ed Torres Company Water Main Improvements (install 4,200 LF of 8"& 5/15/2012 12" DIP) City of Santa Ana Santa Ana CA 92701 (714) 647-5018, $ 593,068.50 Project History 2 of 3 J.A. SALAZAR CONSTRUCTION & SUPPLY CORP GENERAL ENGINEERING CONTRACTOR License No.A743587 613 N. Harbor Blvd /�A TT CH M ENT oo Ago La Habra CA 90631 Tel (562) 691-3647 - Fax(562) 691-1092 CURRENT & COMPLETED PROJECTS 9." ©ate Job I?esciription - Agency Address"' � Contact �` Phone# , Contract$ Completed Watermain Replacement; Job 205 S. Willowbrook Ave Compton Martin Urquhart In progress 120W (install 24,000 LF of W-12" DIP) City of Compton CA 90220 (310) 605-6246 $4,300,738.00 College Reservoir Golden State 2143 Convention Center Way Ed Khong 4/15/2012 Water Company #110, Ontario CA 91764 (909) 937-0111 $ 25,800.00 Beach Blvd Water Main Repl. Golden State 1920 W. Corporate Way, Anaheim Todd Waltz On Hold install 1,550 LF of 12" DIP Water Company Ca 92801 (714) 535-7711 $ 472,880.00 Watermain Repl #53612; (install 303 W. Commonwealth Ave, Lorrie Lausten 8/8/2012 7,700 LF of 6"-12" DIP) City of Fullerton Fullerton CA 928320 (714) 738-6867 $ 1,119,020.00 Domestic Water Line (install 4500 LF Cal St Poly 3801 W. Temple Ave Pomona CA Bruyn Bevans 8/6/2012 of 8° PVC) Pomona 91768 (909) 979-5517 $ 492,000.00 Mulford Ave St Water Main (install 11330 Bullis Rd, Lynwood CA Paul Nguyen In p ro ress j 2,500 LF of 12" DIP&steel) City of L nwood 90262 (310) 603-0220 $ 522,775.00 Westmont Service replacments 505 S. Garey Ave, Pomona CA Tim Hampton In progress (replace existingdomestic water services Cityof Pomona 91769 (562) 908-6222 $ 419,730.00 Project History 3 of 3 BID BOND KNOW ALL BY THESE PRESENTS,That we, J.A. SALAZAR CONSTRUCTION & SUPPLY CORP. of 613 N. HARBOR BLVD. LA HABRA, CA 90631 (hereinafter called the Principal), as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA (hereinafter called the Surety),as Surety are held and Firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF AMOUNT BID Dollars(S 10% ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and,severally,firnzly by these presents. THE CONDITION OF THIS OBLIGATION 1S SUCH,That WPIEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for SPRINGDALE STREET WATER MAIN EXTENSION. PROJECT-CC NO.1436 NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void;otherwise to remain in full for and effect, Signed and sealed this 25TH day of SEPTEMBER 12 12 J.A. SA ZAR O T UCTION & SU PPIJ ORP. (Saul) Nx Principal Witness Title FIR ST NATIONAL I SU \NE COMPANY OF AMERICA Wfitness By KEVIN E. VEGA Attorney-in-Fact -5000597 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated, Certificate No. First National Insurance Company of America General Insurance Company of America Safeco Insurance Company of America POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America, General Insurance Company of America,and Safeco Insurance Company of America are corporations duly organized under the laws of the State of New Hampshire(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, PHILIP E.VEGA,KEVIN E.VEGA,BRITTON CHRISTIANSEN.JADON H.SMITH,MYRNA SMITH. ..................................................................................... ...............__...................................................................................................................................................................................................................................................................................................... all of the ci of COVINA state of CALIFORNIA each individual) if there be more than one named,its true and lawful attorney-in factto make,execute,seal,acknowledge and deliver, for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this sen : da y Of, March 2012 CO�p- �trrSt National Insurance Company of America A gig- 1.9�3�a z :�353�� _ General Insurance Company of America Safeco Insurance Qdmpgny.QfAmenca._ ey Gregory W Davenport,Assistant-Secretary , to tv - STATE OF WASHINGTON ss COUNTY OF KING On this. 5ui • day of march 2e12. :before me personally appeared Gregory W.Davenport who acknowledged himself to be the Assistant.Secretary.of First National. v i V Insurance Company.of America,General Insurance Company of America and,Safeco'Insurance.Company of America,:and that he,;as such,being authorized so 10 do execute the ,,� M foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer m �.. IN WITNESS WHEREOF i have hereunto subscribed my name'a'nd affix* my notarial seal at Seattle,Washington,on the day and year frst above written : .Q. rp - �a OW.. v itl tv N rAnY N h BY O'ugx is - ubllc - �V6 . KD Riley o r L This:.Power of'Attomey:is.made.end.executed.pursuant.to.and by:authonty of.the following By-law and Authorizations .:of First National Insurance Company of America,.General. .y Insurance Company of America and Safeco Insurance Company of America,which are.now.in full force and effect.reading as follows 'e .... 4- d ARTICLE IV OFFICERS Section,l2, Power.of Attorney,:Any officer or other official of the Corporation authorized for ,that purpose In writing by the Chairman:or the President and , c subject to such.limitation as the Chairman orahe.Prestdenf may prescribe shall appoint such attcmeys-in fact as may be.necessaryao act m behalf of the Corporation t4 makeexecute,: a seal;acknowledge and deliver` surety any.and all undertakings;.bonds,recognizances-ind;othetsureiy obifgations._Such attorneys n fact,:subject to.the limitations set forth In.their . respective powers of attorney,shatl,haye full.power to_bind the;Corporation.by their-signature and executed,such instruments shall be.as.binding as if.aigned by the President and `•y attested to b the Sedbta An ower or authori ranted to an re resentative or attom.e m fact under the revisions of this ankle ma be revoked`at an time b the Board,the Y ry;. yP , h9 . Y .p Y P Y Y Chairman,the President or by the officer or officers granting such power or authority Certificate of Designation=The.President of the Company acting pursuant to the Bylaws of the Company,authorizes;Gregory W Davenport Assistant Secretary to appoint such attomeys-in-fact as may be.necessary to act.on behalf of the Company to make;execute seal acknowledge and deliver as surety any and ail undertalungs bonds recognizances and e other surety_obligations o Authorization By unanlmous consent of the Company's,Board of.Dieectors the Company consents that facsimile or.inechanlcally reproduced signature of any.assistant secretary of the.Gompariy;:wherever appeanrig upon.a._cerfifled'copy of any..powe[:of attorney Issued by the Company in connection with surety_honds shall be valid and bkiing upon: , the Company with the same force and effect as though manually affixed I,David M.Carey,the undersigned,Assistant Secretary,of.Rrst Nabonal Insurance Company of America General Insurance Company of America,and Safeco Insurance Company of America do:hereby certify that ahe.originai power of attorney of Which the fgegoing Is a.full above.and foregoing is a jrue.an. correct copy.of.the power of Attorney executed by,said. Companies which Is.ln.full force and effect and has not been revoked. 1N TESTIMONY WHEREOF,I have hereunto set my hand and an the seals of said Companies this,25th day of S R 20.12 EPTEMBE SacEco Atca ca49� �Ga cQMAQ �r apycRq �a Q °x+aoRq?4� q1 cParaggT ys � gy . David M Care ssistant Secrete .192$ o 1923 � _ '1953 y ry sory �i1�7yAM4`'���~ ,. , Ik POA-FNICA,GICA$SICA'. State of Callternia County of ORANGE On SEP 2 5 2012 before me, Philip Vega, Notary-public Data Hare Insert Name and Two al i o Officer personally appeared KEVIN E. VEGA smo: of gnar(,%) r who proved to me on the basis of satisfactory evidence to be the person(4) whose naminq/s) is/gre subscribed to the within Instrument and acknowled il to me that he4 AI/i executed the same in hi�/M/61r authorized PHILIP VEGA capac-tty(t), and that by hldNelMelr signatA(s) on the COMM.a 1977088 instrument the person(g), or the entity upon behalf of N NOTARY PWLIC-CALIFORNIA o LOS ANGELES COUNTY 9 which the person(g) acted, executed the Instrument. My Co mn.EOM MAY 3T,2018 I certify under PENALTY OF PERJURY under the laws of the State of California that e foregoing paragraph is true and correot. WITNESS my hand and joWeal.' Place Notary Seal Aboce Signature /41hature of Notary Public �—�--- OPTIONAL Though the in(ormatfon below is not required by law, It may prove valuAble to person r ying on the doourrlent and could prevent fraudulent removal and roattaehrnent of this form to an rh document. Description of Attached Dcoument Title or Type of Document; Document Oats: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer^Tiile(s): ❑Corporate Offloer--Title(s): ❑ Partner— -1 Llmlted ❑ General _ _ ❑ Partner---❑Limited ❑General _ ❑ Attorney in Fact ❑Attorney in Fact n Trustoe Top of thumb nefo 0 Trustee Tap of thlrmb here ❑ Guardian or Conservator p Guardian or Conservator ❑ Other: ❑ (ither'_ Signer Is Representing: Signer Is Representing: Pa2007 Nellonel Notary Amodadon-9360 On Sato Auo„PO,Box 2192•ChatsWarllt,CA 91313.21102--M,14allonaiNolarypt9 Ilem fI5907 Roorder;Call Toll-Fras1-800-878.8827 CALIFORNIA ALA-PURPOSE ACKNOWLEDGMENT -.- - - I , State of Californ a SS. County of _ `� Lie-f I� I On '1 IZ , before me, • Da a Name and le of O ' (e.g.,�"Jane e,Notary Public') personally appeared Names)of Signer(s) - 1 N$personally known to me ❑ proved to me on the basis of satisfactory evidence I l to be the person(g) whose name(il is/ subscribed to the. within instrument and acknowledged to me that he/ghaAMW executed the same in his/IllosoliRoaO authorized �. A. CASTILLU I COMM. #1912838 capacityO, and that by his/her/their z Notary Public California signature(*) on the instrument the person(, or Los Angeles County ° the entity upon behalf of which the person(&) M Comm.Expires Nov. I 2074P acted, executed the instrument. I I I WITNE my hand a fficial seal. I' 7G I Place Notary Seal Above Signature of Notary Public ) I• I I• p� I OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document .I and could prevent fraudulent removal and reattachment of this form to another document. - I l Description of Attached Document Title or Type of Document: I. , Document Date: Number of Pages: I• I Signer(s) Other Than Named Above: I I Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ) ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I I ❑ Other: I I Signer Is Representing: I• I I I 0 1999 National Notary Association•9350 De Sato Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Tall-Free 1-800.876-6627 ® City Of Huntington Beach 2000 Main.Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk d Joan L. Flynn, City Clerk January 4, 2013 Kana Pipeline, Inc. 1639 E. Miraloma Ave. Placentia, CA 92870 RE: Springdale Water Main Extension — CC-1436 Enclosed please find your original bid bond for CC-1436. Sincerely, A t `-9 Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand ,4 KANA PIPELINE, INC. 1639 E. MIRALOMA AVENUE PLACENTIA, CA 92870 TEL#(714) 986-1400 713,12 ram , 9: Ka ti "SEALED BID®® for Springdale Street Watermain Extension Project from Glenwood Drive to Briarcliff Drive CC No. 1436 in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL DELIVER TO THE OFFICE OF THE CITY CLERK, 2000 MAIN STREET, SECOND FLOOR µ� e BID LOCATION: CITY HALL/OFFICE OF THE CITY CLERK, 2ND FLOOR 2000 MAIN STREET ;. HUNTINGTON BEACH, CA92648 +; BID DATE: THURSDAY, SEPTEMBER 26, 2012 @ 10A.M. t SECrTION C PROPOSAL for the construction of Springdale Street Water Main Extension Project from Glenwood Drive to Briarcliff Drive CC No. 1436 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL. OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 50 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amountof$ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE CC No. 1436 WATERMAIN EXTENSION PROJECT, SPRINGDALE STREET, FROM GLENWOOD DRIVE TO BRIARCLIFF DRIVE BID ITEMMS Item. Descriiptiom Quantityr .Unit . Unit Cost Total.Cost No:. (Extension) d 1 Mobilization 1 LS $ �7'00 - $ IT Z00 o � f 2 Traffic Control 1 LS 4> D0pj�Opp 3 Traffic Control Plan and Pedestrian Detour Plan 1 LS 2 i `°© �, ©e::10 4 Furnish and install 8-inch diameter DR-14 PVC AWWA C900 pipeline, including and not limited to shoring, cathodic protection, fittings, and 00 � appurtenances 580 LF $ �`6 d $ �'�4-CO 5 Furnish and install 8"Hot Tap on Existing 12"AC with 8"RW Gate Valve,including and not limited to shoring, cathodic protection, fittings,and 12� _ appurtenances 1 EA $ `%-,Oro $ 0eq 0 6 Furnish and install 8"Hot Tap on Existing 8"AC with 8".RW Gate Valve, including and not limited to shoring, cathodic protection, fittings,and i �' appurtenances 1 EA $ Si 00� $ 1211300 7 Furnish and install 8-inch Gate Valve 2 EA $ 3 — $ �� laoo 00 00 8 Furnish and install 8"X 8"Tee 1 EA $ I lboo $ i ' 8CXD - 9 Chlorination and testing of all new water mains 1 LS $ 7 0co— $ -7,0(vc)oc v 10 Demobilization and cleanup 1 LS $ 2-Sco $ 2 t 11 Remove and legally dispose of existing Asbestos 00" Cement(AC)pipe 1 LS $ $ �d .— C�d TOTAL BID AMOUNT (IN FIGURES) $ 1-7� TOTAL BID AMOUNT IN WORDS: Notes: All extensions of unit cost will be subject to verification by AGENCY. In case of a discrepancy-between the unit cost and the extension, the unit cost will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-2.1 PROJECT BID SCHEDULE TOTALS CC No. 1436 WATERMAIN EXTENSION PROJECT TOTAL BID AMOUNT, BASIS OF AWARD ap (Bid Schedule CC No. 1436) $ coo TOTAL BID AMOUNT IN WORDS: �N I� ► "�`f 'c�012< `�C 47 Notes: All extensions of unit costs will be subject to verification by Owner. In case of a verification between the unit cost and the extension, the unit cost will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of Subcontractor , State Class Dollar % of Item(s) License Amount Contract Number 0-7 D-7 , $ 40ZI B By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of th�fla e of California that the foregoing is true and correct and that this declaration is executed on IZ;at City State VA"\)A— l—UG1,\= , being first duly sworn, deposes and says that he or she is et� of �/ PI L1 � t l"G- the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that: all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder �.3q t-7, hA t-A 6. �&y15�;"u Address of Bidder Subscribed and sworn to before me this day of , 201_ NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE§8202 I1 See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) r Signature of Document Signer No.1 Signature of Document Signer No.2(if any) State of California Subscribed and sworn to (or affirmed) before me County of on this 2 �day ofS -y, 20 )t?`, Date Month Year by Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me KELLEE JEAN SMITH-RAMELOT COM M. #1829630 CO (and • ;< <'� NOTARY PUBLIC-CALIFORNIA .0.{ m ORANGE COUNTY W (2) 13 My Comm_Expires Jan.06,2013 le Name of Signer proved to me on the basis of satisfactory evidence to be the s l7 efore me.) Signature Place Notary Seal Above Signature of Notary Public OPTIONAL o Though the information below is not required by law, it may prove valuable Top of thumb here Top of thumb here to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document r u Title or Type of Document: 0 ov, ck 0, 0 LA (\� icy J/'�.i�)- n �),`� t Document Date:` 1 (� �, +i�� Number of Pages: Signer(s) Other Than Named Above: ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5910 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Springdale Street Watermain Extension Project, from Glenwood Drive to Briarcliff Drive, CC No. 1436, (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. Ar p&I A:::,It7_'C_U �� Contractor By Title Date: �� 2V l2 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes WO 00, If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor pp►A(ELK By Title Date: C1 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: KWts, Bidder Name Business Address City, State Zip Telephone Number State Contractor's License No. and Class � 01 Original Date Issued Cam+ C) Expiration Date 1� The work site was inspected by AA— of our office on S YN , 201' . The following are persons, firms, and corporations having a principal interest in this proposal: C-s i The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder VA�A Printed or Typed Signature Subscribed and sworn to before me this day _ N� PU 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: G" O 1. - >q©c I Nn -k s�z�trr Name and Address of Public Agency Name and Telephone No. of Project Manager: 0-M)so Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: -� � �'`'1� C� �7 ®� 0 0 C) Off' c�F 12=" f Al� 12� ) -�2.�I t r Contract Amount Type of Work Date Completed Crty e�v-- �Aw ,9v W G�r�15 - -1 C] 3. ' ` :)-4Lo© pbs� � v � �� r�i (A °h-1�1 7-S Name and Address of Public Agency Name and Telephone No. of Project Manager: � ► � ��- � ��� `� Contract Amount Type of Work Date Complete G9 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE§8202 N,See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) ) Signature of Document Signer No.1 Signature of Document Signer No.2(if any) J State of California Subscribed and sworn to (or affirmed) before me Count of on this day of&0teb1W. 20�, y Date Month Year by (1) aniP� 1ACAU A A A A Name of Signer KELLEE JEAN SMITH-RAMELOT proved to me on the basis of satisfactory evidence COMM. #1829630 n to be the person who appeared before me NOTARY PUBLIC-CALIFORNIA i co ORANGE COUNTY (and My Comen.spires Jan.06.2013 (2) Name of Signer proved to me on the basis of satisfactory evidence to be the pers wh ed ore me.) Signature Place Notary Seal Above Signature of Notary Public OPTIONAL o Though the information below is not required by law, it may prove valuable Top of thumb here Top of thumb here to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document ,(A qq ( Title or Type of Document: +� \ _ A�✓ Document Date:J , Number of Pages: l Signer(s) Other Than Named Above: I, ©2010 National NotaryAssociation•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5910 C-10 DocumentA31OTM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Muure,legal status and address) (Nanx, legal.srarrrr arrd principal place af lrrcrirrex) Fidelity and Deposit Company of Maryland Kona Pipeline, Inc. 1400 American Lane This document has important 1639 E. Miraloma Avenue Schaumburg, IL 60196-1056 legal consequences.Consultation Placentia, CA 92870 Mailing Address for Notices with an attorney is encouraged same as above with respect to its completion or OWNER: modification. (Xarue,legal status arrd addr=) Any singular reference to City of Huntington Beach Contractor,Surety,Owner or 2000 Main Street other party shall be considered plural where applicable. Huntington Beach, CA 92648 BOND AMOUNT: $ 10% Ten Percent of Amount Bid PROJECT: (Xame.location or addresa and Project nrar ber..if ant% Springdale Street Water Main Extension Project from Glenwood Drive to Briarcliff Drive CC No. 1436 The Contractorand Surety arc bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves.their licirs,cxccutors,administrators,successors and assigns,joiutlyand severally,as provided herein.The conditions of thus Bond arc such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the OwneT and Contractor,and the Contractor either(1)enters into a contract% ith the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Omier,for the faithful performance of such Contract and for the prompt payment of labor and material filmished in the prosecution thereof.or(2)pays to the Owner the difference,not to exceed the amount of this Bond,bev een the amount specified in said bid and such larger amount for which the Owner may in good faith contract«itli another party to perlbrtn(lie work covered by said bid,then this obligation shall be null and void,otherwise to remain in full lorce and ell'ect.The Surety hereby waives any notice ol'a i agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid,lkraiverofoolice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time lbr acceptance ol*bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the tcmi Contractor in this Bond shall be deemed to be Subcontractor and the term Owttcr shall be deemed to be Contractor. When this Bond has been litntished to comply with a statutory or other legal requirement in the location of the Project;any pntvision in this Bond conflicting With said statutory or legal requirement shall be deemed deleted hereftom and provisions con1brining to such statutory or other legal requirement shall be deemed incorporated herein.When so flumished,.the intent is that this Bond shall be construed as a statutory bond and not as a common la%v bond. Signed and seated this 18th day of September, 2012 r Kana Pipeline, 114 (Principal) (Seal) (lf'inrc J Mob ' C'�J'+ Fidelity and Deposit Company of Maryland (Surety (.Sirr1) (1J'irness) m Luu By: (7ir1e)Nanette Myers U Attorney-in-Fact S-00541AS 8110 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 9/18/12 before me, K. Luu, Notary Public Date Here Insert Name and Title of the Officer personally appeared Nanette Myers Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($) whose name() is/00 subscribed to the within instrument and acknowledged to me that Mb/she/thdd executed the same in Hs/her/tom/'authorized capacity(M), and that by fftg/her/ftif signature(t) on the K. LUU instrument the person($), or the entity upon behalf of Commission # 1955906 z Notary Public California z which the person($) acted, executed the instrument. vl; z " Orange County D My Comm. Expires Nov 6, 2015 1 certifyunder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my Signature hand a offic' I seal. Place Notary Seal Above Signature o- f Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General _ ❑Partner—❑ Limited ❑ General _ IN Attorney in Fact • ❑Attorney in Fact .. ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,R0.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call loll-Free 1-800-876-6827 Poorer of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by FRANK E.MARTIN JR.,Vice President, and ERIC D.BARNES,Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2,of the By-Laws of said �y,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d IQ ereby nominate, constitute and appoint James A. SCHALLER,Mike PARIZINO,Nan ell AULT,Rhonda C. ABEL,Kim LUU and Jeri APODACA,all of Newport Be 1 �tI ' e 1 agent and Attorney- in-Fact,to make,execute,seal and deliver,for, and ety eed: any and all bonds and undertakings,and the execution of such in s se presents,shall be as binding upon said Company, as fully and ampl t nut :� een duly executed and acknowledged by the regularly elected o i ore,Md.,in their own proper persons. This power of attorney revokes that issued of ,s����� R,Mike PARAZINO,Nanette MYERS,Rachelle RHEAULT,Rhonda C.ABEL,Kim LUU � 1 �r4 t3ated June 23,2011. The said Assistant� iy does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 25th day of July,A.D. 2011. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND '�0 DfPds�r _Ur By: Eric D. Barnes Assistant Secretary Frank E. Martin Jr. Vice President State of Maryland ss: City of Baltimore On this 25th day of July, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ��'1lCi1F •'E C irE.• 1IG;F•: Ile i'•, 4 ti •+++r�dt�t Maria D.Adamski Notary Public My Commission Expires: July 8,2015 PDXF 012-9310P CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 F State of California �1 County of OY f�.l t�2� Q _ On i tN «i before me, L S" m ` Date Here Insert Name and Title 8 f the Officer personally appeared �GI 1"Doi Name(sl of Signers) who proved to me on the basis of satisfactory evidence to be the perso�W whose nameois� subscribed to the within instrument and acknowledged to me that he/��Wthef executed the same in his/h�r/Per authorized capacity(iesj� and that by his/he6oslfir signature(§y on the instrument the personK, or the entity upon behalf of which the KELLEE JE,6N SMITH-RAMELOT person(�>4cted, executed the instrument. F- ; COMM. 41829630 101 NCT.C!�YPUBLIC-CALIFORNIA I certify under PENALTY OF PERJURY under the In •RANGE COUNTYlaws of the State of California that the foregoing • M� ;omm.Expues Jan.n.0 2013.6 g F • F paragraph is true and correct. WITNESS my hand and o icial eat. Signature: Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:bo kru n+ _�I ,\Q5-T H So Document Date:Sep ��1� -� �� tii , w� Number of Pages ,6` as e1 ('D F Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: pa Signer's Name: Corporate Officer—Title(s): iki ❑ orpora Q icer—Title(s): ❑ Individual ❑ In •vidual ❑ Partner—❑Limited ❑General Top of thumb here ❑ Partn r—❑Limited ❑ e eral Top of thumb here ❑ Attorney in Fact ❑Attorney• Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑ Guardian or Con ❑ Other: ❑Other: (Signer I epresenting: ner Is Representing: ©2010 National Notary Association•National Notary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov FEs` II P° Office of the City Clerk ,1909, B Joan L. Flynn, City Clerk January 4, 2013 Kirtley Construction dba TK Construction PO Box 9608 San Bernardino, CA 92427 RE: Springdale Water Main Extension— CC-1436 Enclosed please find your original bid bond for CC-1436. Sincerely, k Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere,New Zealand TK CONSTRUCTION PO®OX SAN BERNARDINO,CAM 2R12 S F F I�u a<< n; 20 wdolkl V4 b-0�cial fi),4 11 � SECTION C PROPOSAL for the construction of Springdale Street Water Main Extension Project from Glenwood Drive to Briarcliff Drive CC No. 1436 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 50 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of$1 r1 t aD 0 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 am" : " - �. - Addenda'No: -" Date Received NIA C-2 SECTION C PROJECT BID SCHEDULE CC No. 1436 WATERMAIN EXTENSION PROJECT, SPRINGDALE STREET, FROM GLENWOOD DRIVE TO BRIARCLIFF DRIVE BID ITEMS el tym W 10 No -T i1a I Mobilization I LS $, A 60DA 2 Traffic Control 1 LS ii,otV,W 3 Traffic Control Plan and Pedestrian Detour Plan I LS Furnish and install 8-inch diameter DR-14 PVC AWWA C900 pipeline, including and not limited to shoring, cathodic protection, fittings, and appurtenances 580 LF 5 Furnish and install 8"Hot Tap on Existing 12"AC with 8"RW Gate Valve, including and not limited to shoring, cathodic protection, fittings, and appurtenances I EA 6 Furnish and install 8"Hot Tap on Existing 8"AC with 8"RW Gate Valve, including and not limited to shoring, cathodic protection, fittings, and 1 appurtenances I EA 7 Furnish and install 8-inch Gate Valve 2 EA $8 Furnish and install 8"X 8"Tee I EA 9 Chlorination and testing of all new water mains I LS $ $ �0'0,0 10 Demobilization and cleanup I LS $3,0- , $ 5ft. &) 11 Remove and legally dispose of existing Asbestos LS $4-01-0-0 Cement(AC)pipe TOTAL BID AMOUNT (IN FIGURES) TOTAL BID AMOUNT IN WORDS: Notes: All extensions of unit cost will be subject to verification by AGENCY. In case of a discrepancy between the unit cost and the extension, the unit cost will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-2.1 PROJECT BID SCHEDULE TOTALS CC No. 1436 WATERMAIN EXTENSION PROJECT TOTAL BID AMOUNT, BASIS OF AWARD (Bid Schedule CC No. 1436) $ 1��, 6,0 TOTAL BID AMOUNT IN WORDS: Lt 11 Notes: All extensions of unit costs will be subject to verification by Owner. In case of a verification between the unit cost and the extension, the unit cost will govern. The AGENCY reserves the right to reject any or all proposals and bid items. c-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid` .. Nam a A {'e �nd„ Address of Subcontractor�"� State Class Dollar License 4.,moo Amount Contract " ws c2,/�lYt P•� �.t�n_ �o�d,S�•c��U�S��n a s , 535 ,_� OW 0e 45 - 00409 I i vac a3 �o R a 04 Py)m_ C _ 31 ow,to o - AI avve CJ� By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO DE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of of California that the foregoing is �':JiL true and correct and that this declaration is executed on , at �a'�ff , Date City State being fi?!0 duly sworn, deposes and says that he or she is of < s A one 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 er Signature of B de Address of Bidder IA,-97 Subscribed and sworn to before me this day of , 201_ NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino ) On September 25, 2012 before me, Pamela McCarthy, Notary Public Name and Title of Officer(e.g.,"Jane Doe,Notary Public') personally appeared Patricia Kirtlev Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she PA%1E-!,_N CCP, MY executed the same in her authorized capacity, Nll z 6 and that by her signature on the instrument the NOTARY}tsARDBUC-i Ai_OUNTYA � person, or the entity upon behalf of which the person SAN 6N=I�NARDINO COUNTY My Cnmm,Expires April 30,2014 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ® Individual ® Corporate Officer 7Top Title® Partner -- ® Limited ® General umbhere ® Attorney-in-Fact ® Trustee ® Guardian or Conservator Other: Signer is Representing: UI'ILI'TY 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 Springdale Street Watermain Extension Project, from Glenwood Drive to Briarcliff Drive, CC No. 1436, (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. 61k� qeto .e r By Title Date: C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Jaut4im e. l v1:�10✓' Con actor By - �� '�( ►� Title Date: C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: &-4fo af)6 :��Ae - (-6 Bidder Name q& Business Address SM& Wd City, State Zip Telephone Number SIV)96l - 79 - &,Wdthf State Contractor's License No. and Class q'i 3,0 &2- Original Date Issued 1136114 Expiration Date e ', The work site was inspected byffi Gc rt� of our office on G� , 201L� The following are persons, firms, and corporations having a principal interest in this proposal: i�" st � c0 Ci• �f✓�- ��UG,��� per C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Comp ny Nam Signature of Bidd r 111� i �. Printed or Typed Signature Subscribed and sworn to before me this_day of , 201_. NOTARY PUBLIC Se-e- i2�02Se- ov, NOTARY`5EAL 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:' (�� Vl.r✓(�sad1 �9D -3� 4�- � 31 ,� 1, 14-,3 I I() , �-- ;a e DA ha 0/C�P, Contract Arfiount Type of Work Date Completed 2. � c 1` , , .5- 1 1 d �'&ffimr����rd,(44 Name and Address of Public Age cy Name and Telephone No. of Project Manager` ldaaf q 6Q4; -3&, 7W ,41 1,2 qi U6 66 (A(k1w ContracttAAmount Type of Work Date Completed Name and Address of Public A ency Name and Telephone No. of Project Manager:? Aa/ K-4 9�14 3110 -736 Contract Amount Type of Work Date Completed C-9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino ) On September 25, 2012 before me, Pamela McCarthy, Notary Public Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Patricia Kirtley Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she - executed the same in her authorized capacity, (�.AMELA iV1CCARTH`r' and that b her signature on the instrument the comM 1. ##1885009 Y 9 or 4v: lj� NOTARY PUBLIC-CALIFORNIA person, or the entity upon behalf of which the person SAN BERNARDINO COUNTY acted, executed the instrument. 1, My Comm.Expires April 30,2014 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITN SS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ® Individual ® Corporate Officer _ 7here Title •® Partner -- ® Limited ® General Toport ® Attorney-in-Fact 71 Trustee ® Guardian or Conservator Other: Signer is Representing: C-10 Hb rt Mutual. The Ohio Casualty Insurance Company BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS,That we, Kirtley Construction dba TK Construction of P.O. Box 9608, San Bernardino, CA 92427 (hereinafter called the Principal)as Principal,and The Ohio Casualty Insurance Company ,with its principal office in the City of Hamilton,Ohio(hereinafter called the Surety),as Surety,are held and firmly bound unto City of Huntington Beach of 2000 Main Street, Huntington Beach, CA 92648 (hereinafter called the Obligee)in the penal sum of Ten Percent of Amount Bid Dollars $ 10% of Bid lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors, administrators,successors,and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH,that whereas,the Principal has submitted the accompanying bid dated September 26, 2012 for 12"Waterline Replacement on Garfield Ave NOW,THEREFORE,if the Obligee shall make any award according to the terms of said bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said bid and give bond for the faithful performance thereof within the time specified;or if no time is specified within thirty days after the date of said award;or if the Principal shall,in the case of failure so to do,indemnify the Obligee against any loss the Obligee may suffer directly arising by reason of such failure,not exceeding the penalty of this bond,then this obligation shall be null and void:otherwise to remain in full force and virtue. Signed,sealed and dated: September 25, 2012 Kirtley Con dba TK Con uction (Prin ipal)/ By: The Ohio Casualty Insurance Company By: !i . Pamela McCarthy (Attorney-in-Fact) S-137-Rev. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ') ss. County of San Bernardino On September 25, 2012 before me, Cynthia J. Young, Notary Public Name and Title of Officer(e.g.,"Jane Doe,Notary Public") Personally appeared Pamela McCarthy Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the CYNTHIA J.YOUNG within instrument and acknowledged to me that she Commission# 1962442 executed the same in her authorized capacity, Z Notary Public-California i Z San Bernardino County - and that by her signature on the instrument the My Comm.Expires Jul 15,2016 person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. f Sign ture of ry Public i r OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title 7Top O Partner -- O Limited O General umb here O Attorney-in-Fact O Trustee O Guardian or Conservator Other: Signer is Representing: THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5133323 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. THE OHIO CASUALTY INSURANCE COMPANY FAIRFIELD,OHIO POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company (the"Company"),an Ohio corporation, pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint JAY P.FREEMAN,PAMELA MCCARTHY, CYNTHIA J.YOUNG,LAURIE B.DRUCK,ALL OF THE CITY OF SAN BERNARDINO,STATE OF CALIFORNIA.......................................................................................... ................................................................................................................................................................................................................................................................................. ................................................................................................................................................................................................................................................................................. ,each individually if there be more than one named,its true and lawful attomey-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND 00/100***************************************""**'******'*'***'*****"***'" *'* DOLLARS($ 50,000,000.00****~*~**~**~*******---* )each,and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the President and attested by the Secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV-Officers:Section 12.Power of Attomey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such 13 limitation as the Chairman or President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the y p Corporation to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bond, recognizances and other surety d CL d obligations. Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, O such instruments shall be as binding as if signed by the President and attested to by the Secretary. A O Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the M Board,the Chairman,the President or by the officer or officers granting such power or authority. O -a0 � O By the following instrument the Chairman or the President has authorized the officer or other official named therein to appoint attomeys-in-fact: v Pursuant to Article IV, Section 12 of the By-laws, David M. Carey, Assistant Secretary of The Ohio Casualty Insurance Company, is hereby d LU 0 io authorized to appoint such attomeys-in-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. O That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. C C ` IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of O O The Ohio Casualty Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania,this 1st day of February C M C 2012 "" THE OHIO CASUALTY INSURANCE COMPANY SEAL >'F'gAsa David M.Carey,A istant Secretary O COMMONWEALTH OF PENNSYLVANIA SS E COUNTY OF MONTGOMERY d On this 1st day of February 2012 before me,a Notary Public,personally came David M.Carey,to me known,and acknowledged that d e A he is an Assistant Secretary of The Ohio Casualty Insurance Company;that he knows the seal of said corporation;and that he executed the above Power of �N ' Attorney and affixed the corporate seal of The Ohio Casualty Insurance Company thereto with the authority and at the direction of said corporation. E IN TESTIMONY WHERE Itafbr� to subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year O o first above written. act . ' WW _ v $« . N,,)t ia3 seal OF ?iy r aE':Tara.. 9c=::Sarre ,n4 r Nly Cwylr=:=Ss3ri Ex rx16 ma'.'b,2 By Teresa astella,Notary Public P CERTIFICATE L� ®` iylcrnbe;, As ociu��)-e; I,the undersigned,Assista a Ohio Casualty Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy,is force and effect on the date of this certificate;and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys-in-fact as provided in Article IV,Section 12 of the By-Laws of The Ohio Casualty Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of The Ohio Casualty Insurance Company at a meeting duly called and held on the 151h day of February,2011: VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company,wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same force and effect as though manually affixed. ("IN TESTIMONY WHEREOF, I,tVve hereunto subscribed my name and affixed the corporate seal of the said company, this day of 12 '.•SFAL ;tea >_•,n,„" Gregory W.Davenport,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino ) On September 25, 2012 before me, Pamela McCarthy, Notary Public Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Patricia Kirtley Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person s �PAME!A MCCARTHY CC(t�m, #185009 acted, executed the instrument. °C '° � NOTARY PUBLIC--ALIFORNIA SAN BERNARDiNO COUNTY I certify under PENALTY OF PERJURY under the laws of �,_„�� r�hy Comm.Expires April 30,2014 the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ® Individual ® Corporate Officer 7Top Title® Partner -- ® Limited ® General umb here ® Attorney-in-Fact ® Trustee ® Guardian or Conservator Other: Signer is Representing: City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 e _ (714) 536-5227 o www.huntingtonbeachca.gov FfB_ Office of the City Clerk /1,1909 o .loan L. Flynn, City Clerk January 4, 2013 Vasily Company, Inc. 9843 Rancho Caballo Dr. Shadow Hills, CA 91040 RE: Springdale Water Main Extension — CC-1436 Enclosed please find your original bid bond for CC-1436. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand I� V'Iqs - L� C', 2012 w � � SECTION C PROPOSAL for the construction of Springdale Street Water Main Extension Project from Glenwood Drive to Briarcliff Drive CC No. 1436 in the CITY OF HUN'TINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUN'TINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 50 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. ii Accompanying this proposal of bid, find �1 in the amount of$ h which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date'Received Bidder's Si 'nature, C-2 SECTION C PROJECT BID SCHEDULE CC No. 1436 WATERMAIN EXTENSION PROJECT, SPRINGDALE STREET, FROM GLENWOOD DRIVE TO BRIARCLIFF DRIVE BID ITEMS T 1 Mobilization I LS $ $ W 2 Traffic Control I LS 3 Traffic Control Plan and Pedestrian Detour Plan I LS S'Doo 4 Furnish and install 8-inch diameter DR-14 PVC AWWA C900 pipeline, including and not limited to shoring,cathodic protection, fittings,and oil appurtenances 580 LF $ $ �q 1440 5 Furnish and install 8"Hot Tap on Existing 12"AC with 8"RW Gate Valve, including and not limited to shoring,cathodic protection, fittings, and 000 tq appurtenances I EA $ wo $ 6 Furnish and install 8"Hot Tap on Existing 8"AC with 8"RW Gate Valve, including and not limited to shoring, cathodic protection, fittings, and appurtenances 1 EA $ $ 7 Furnish and install 8-inch Gate Valve 2 EA $ 2000 $ 8 Furnish and install 8"X 8"Tee I EA $ 'S.wo"" $ 3,000 9 Chlorination and testing of all new water mains I LS $ LL,060 $ i W. $ 10 Demobilization and cleanup I LS $ 5,aw 4�,000 11 Remove and legally dispose of existing Asbestos C;.; Cement(AC)pipe I LS $ ow`�'J $ 3;mo TOTAL BID AMOUNT (IN FIGURES) $ i 35� TOTAL BID AMOUNT IN WORQS: Notes: All extensions of unit cost illbe subject to verification by AGENCY.' In case of a discrepancy between the unit cost and the extension, the unit cost will govern. The AGENCY reserves the right to reject any or all proposals and bid items. C-2.1 PROJECT BID SCHEDULE TOTALS CC No. 1436 WATERMAIN EXTENSION PROJECT TOTAL BID AMOUNT, BASIS OF AWARD (Bid Schedule CC No. 1436) $ TOTAL BID AMOUNT IN WORDS: Notes: All extensions of unit costs will be subject to verification by Owner. In case of a verification between the unit cost and the extension, the unit cost will govern. The AGENCY reserves the right to reject any or all proposals and bid items. c-z.z LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid "Name and Address of Subcontractor�,�- , , State `Class,, ➢ollar % of License Am'ou"nt . Contract Number 400 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AF'F'IDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on y��Iz, at Date City State -T-16,k1CA- �,¢S I L being i /first duly sworn, deposes and says that he or she is ^�sf �✓If of U,pSI 1-q t��dJ�/ . daC� the party making the foregoing bid that the bid is not made in the in rest of, or n 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. V S lln'i i� -Inc- Name of Bidder If TA OEXUADAWM t. Signature of Bidder .. trotarr CwFOR14A �► LQ Sme ll of AMON#C828568 tncGiv LW OMM.EXPIRES DEC.29,2012 �Gcr' i �S : GA= C'l 0 i�o Address of Bidder Subscribed and sworn to before me this day ofJ V4 201-2-1. NOTARY PUBLIC r ' �)Z NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL, CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Springdale Street Watermain Extension Project, from Glenwood Drive to Briarcliff Drive, CC No. 1436, (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. VP Sr x Contractor J� 7 YG5 Title Date: ���- 1 2 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. i Contracto Title Date: `� ��— rZ C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: VA4ijJ ah 1 c. Bidder Narle Business Address � -ka ou) Ill/S ck fZ/n q-ip City, State Zip ( gig ) 4LS-Iq �gq Telephone Number Ap 2oz--5 4 A State Contractors License No. and Class Original Date Issued /-2-3 I /2-- Expiration Date The work site was inspected byj! auqf our office on 201.2. The following are persons, firms, and corporations having a principal interest in this proposal: C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company ame Signature of Bidder ,L a yr ,c Uf1-S 1 L u/ Printed or Typed Signature AL �.�►/^` } �_'_u`'�V 1af//� 1 A Subscribed and sworn to before me this E day of Tip �^ , 201�-.-q NOTAR pWC.(� LSON*1828568 COMM.EXPIRES DEC.29,2012 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: 11e l��,rw, �� l n Name and Addre"ss of Public Agency Name and Telephone No. of Project Manager: ' e�-I Jot -R'JrA"�_ ��7 I jze-3]77 _ 1�i� rx'1 cU�JAY IUD y-��lZ Contr�ount Type of Work Date Completed icrrS HarJ�' 1 C'r4-. 25'e Name and Address of Public Agency Name and Telephone No. of Project Manager: r u I Ud !IG7 —61515-r ©© c Contract Amount Type of Work Da 4 Completed V,4o Kcxrm" Ave 5)ek-26o 3• on Co� J �e� > � ' �'r,t� �.�ci �r �v �mey►�'Jv7C• ZI''UI✓le. �. `�Z(;p� Name and Address of Public Ag ncy Name and Telephone No. of Project Manager: ki Contract Amount Type of Work Date Completed C-9 C-10 BID BOND KNOW ALL BY THESE PRESENTS,That"we, Vasily Company, Inc. of Shadow Hills, CA (hereinafter called the Principal), as Principal;and SureTec Insurance Company (hereinafter called the-Surety),as;Surety are held and firmly bound unto CitV of Huntington Beach '(hereinafter called die Obligee)in the penal sum of Ten Percent of Amount Bid Dollars($ 10% of amount bid ) for the payment of which the Principal and the Surety bind themselves; their heirs, executors, administrators, successors and assigns, jointly"and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Springdale Street-Water Main Extension Project NOW, THEREFORE,.If"the said.Contract.be-"timely awarded to the Principal,and the Frincipal.shall;"within such time as may be specified;enter into the Contract in writing, and,givp bond, if bond is required, with"surety.acceptable to the Obligee for die faithful perfannance of the said.Contract,then this obligation.shall be void;otherwise to remain in full force and effect. Signed and sealed-this 1 nth . day.of September 2012 , Vasily ,Company, Inc.. (Seal) Principal Title SureTec In urance Company By Frank Morories, Attorney-in-Fact S-00531dEEF.10199'." ". i FOA#: 510278 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the Iaws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Frank Morones its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 3/31/201 s and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2e of April, 1999.) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 3rd day of September,A.D.2010. V�NC SURETEC INS E C PANY s By: w t w ;$ John I o Jr,, esident State of Texas ss: �` .� County of Harris 4 On this 3rd day of September,A.D.2010 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas,that he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. JACQUELYN MALDONADO ,"X/;QbdA4k- 1411Mq& Notary Public,State of Texas ac el aldo ado,Notary Public s My Commission Expires q 3' i.;'.�`' May 18,2013 y Comm Sion ex ' s May 18,2013 NM,N I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 17th day of September 2012 ,A.D. NL Brent Beaty,Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 9/17/2 01 2 before me, L. Clark, Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC" personally appeared Frank Morones , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/afe subscribed to the within instrument and acknowledged to me that he/she"executed the same in his/he4th& authorized capacity(ies), and that by his/her/ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. L. CLARK Commission# 1825171 Notary Public California D WITNESS hand and official seal. Los Angeles County m y My Comm.Expires Nov 28,2012 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE