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PRO CONTRACTING CORPORATION - 1993-11-01
6 00. /0 WORDING REQUESTED BY: City of Huntington Beach AND WHEN RECORDED NAIL TO. Recorded in the County of Orange, Cal 'f6i*i is r City Clerk Gary L. Granville, Clerk/Recorde '=g ^ No Fee s' �' ` ���'` City of Huntington Beach IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII / ''rt.j�`r�c 2000 Main Street 005 20004549 20 499960375664 08; 11am 07 �96i` . N12 2 7.00 3.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92647 ' `�6' THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION (SPECIAL) �( l� NOTICE IF HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Pro Contracting Corp., 1785 Sampson Avenue, a Carona, California 91729, for the following work: Peck Reservoir and Pumping Station Renovation, CC-696 ("Project") has been completed. \v owners City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 \v sites 14561 Springdale street, Huntington Beach, California. Nature of Interest: In fee. PLEASE TAKE FURTHER NOTICE that the Project contains defective work according to the City of Huntington Beach and that the Project was accepted, with defective work, in accordance with the specifications and with a full reservation of rights to seek damages from those parties responsible for the defective work. The City Council of the City of Huntington Beach accepted the Project with the foregoing reservation, at the regular meeting which was held on July 15, 1996. Reliance Insurance Company was surety for the bond given by Pro Contracting Corp. an required by law. Dated at Huntington Beach, California, this 3 day of July 1996. City Clerk and ex-o i erk of the City Council of the City of Huntington Beach, California STATE Or CALIFORNIA ) County of orange City of Huntington Beach ) I,Con 'e Brockway,the duly elected and qualified City clerk and ex-officio Clerk of the City council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing SPECIAL NOTICE OF COMPLETION is true and correct, and that said SPECIAL NOTICE; OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of orange County by said City Council. Dated at Huntington Beach, California, this o7 3 day of July , 1996. This document is solely for the official business of the City of Huntington Beach, a¢ contemplated under Government Code Sec. 6203 and City Clark and ex-o cis er should be recorded free of charge. of the City Council of a City of Huntington Beach, California AP A13 'TO FORM GA HUT' IV, City Attorney By. Recorded in the 'unty of Orange, California Gary L. Gran le, Clerk/Recorder No Fee WHEN RECORDED MAIL TO: 19960377076 2;51 pm 07/24/96 005 CITY OF HUNTINGTON BEACH N12 7001075 7. 07 22 12 1 00 0.00 0.00 0.00 0.00 0.00 Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach, CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Pro Contracting Corporation who was the company thereon for doing the following work to-wit: Peck Reservoir Renovation; CC-696: Easement t That said work was completed July 15,1996 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 City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, July 15,1996. That upon said contract Reliance Insurance Company was surety for the bond given by the said company A 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 18th day of July,1996. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION 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 by said City Council. Dated at Huntington Beach, California,this 18th day of July, 1996.. City Clerk and ex-officio Clerk7_ of the City Council of the City of Huntington Beach, California gAfo11owup\nscp1gs Clo URecol der �0004540 4'i 07/ 4,!'�f 08c11.58 am 1 Title Document 13.00 w 812 Notice of Completion 4 of Conformed Copies 3 Title Fee 7.00 Additional Page Fee 3.00 Copy Fee 3.00 Document Number 19960375664 Recording Time 08:Ila m Total 0.00 8o Fee 13.00 Amount Due 0.00 Thank You Retain this receipt for Your records TELIPHONES ACCOUNT IV �'C'I JOB NUMBER PREPAID D COLLECT El ORANGE COUNTY 714-558-1200 E L I E R , INC. TOLL FREE 1-600-464-8525 0 E V SPECIAL RUSH ❑ HOURLY El FROM 1228 E.POMONA STREET 9 SANTA ANA,CALIFORNIA 92707 C CITY 01:7 Office of Orange County Recorder N 2000 PlPfIN lei S T 630 North. Broadway , to G N Santa Ana, CA 92701 E FD NO.PKGS. DESCRIPTION RATE WEIGHT CHARGES (.9pecial) 1 Notice of Completion/re: , Peck" Reservoir DELIVERY CHARGE Pro Contracting WAIT TIME RETURN SPECIAL INSTRUCTIONS. C.O.D. RECEIVED BY THE CARRIER No.PCs Date Truck RECEIVED BY CONSIGNEE Number C.O.D.FEE Name of pickup driver-sign below Used SIGN FULL NAME Pieces Received X BY WEIGHT CHARGE Delivered by driver-sign below No.PCs Date Truck CUSTOMER P.O.NO. Used ADVANCES I I I I DATE Please Remit To. P.O. BOX 15087, SANTA ANA, CA 92705 TOTAL Loss limited to$50-00 per shipment unless a higher value is declared by customer. Consignee checks Lwili be accepted for LCOD's PAYMENT MUST BE MADE WITHIN 7 DAYS PER I.C.C.&P.U.C.REGULATIONS unless otherwise specified by shipper. ORIGINAL WATEROPS w©4,75 PAGE 02 07/22/1996 11:28 71484— 967 ItQC"ILU011* Zi VI Luz,VIL- et a► GIBBS, CIDZX, LOCRER & ACIEtET ATTORNCYS AT LwW ONE CZNTV,tY wt,AiA, 3..,.. rl-00mt Ar"14crN G OIt/R■ JAM"L.Feftnq RORO Pt:MTURT r,4A1K CKiT s.14ROM C.►oGrEp ivtMP.A-C4„69.I-. JOu/„M O/OiM Nt►IIWM t. fagvrWga iOKA►C KCNT JtlMM R MCVfJ, w+LW4M �-46iNLR OARSARA 0 6AP*G1$ L.[M ALWOSLUS. CALIFGILYMA 9*067-30.70 %LPH r.Mf4o iz aL1CHN tt.yy"Crt.= Jew*Y.66"�H CLIER&W 4��/hM 1•KTfw r,UMgROR6 TC4 CPHONC 1J1,J1 SaR•yACIQ emomL,.610p, MKRAw4 L.t1A1.ILTOM Or P011►1y0. AHr�UTAN"V •CGOV a 49P990 F1%CiIMILD t]60) 33L-0*00 G4AV r. SCALAAm , JM.CS ACMcr JAM[!0.43ASb,VLT= m&jfr'A.SAN^M640% M&vv4cw O Nrwdv .pMN K Fv!►Mp,s .09op I.C.*M1,H IUc,MAP It w"79*00r PAHA M.HreMICK §AARr C vA4w,m TI.toV011L'6 fiHtT L4k%P+T.L.Sam JIB R.*4;N"vsm1 09ft"4 L•o► m Wl,q r,Lc No-� 1472.2 July 191 1996 Joseph C. Barron, Esq. via FAC¢IMILE (.7A4.) JU-1590 Deputy City Attgrney City of Huntington Beach 2000 Main Street Huntington, Beach, CA 92647 Deborah M. DeDow, P.E. FACSIMILE (71 I fiA7-1967 Associate Civil Engineer City of Huntington Beach W Water Division 19001 Huntington Street P.O. BOX 290 Huntington Beach, CA 92648 Re: ftticS of Cgmoletign for gegk go Polling stAtiong-gexnoyStion EgoJect Dear Joe and Debbie: We are faxing for your review a draft Special Notice of Completion regarding the above-referenced matter. A regular Notice of Completion does not contain the language City Council wan4d., reservinq our rights to proceed against the parties responsible for the defective work at the Peck Reservoir and Pumping Station Renovation Project. Please review this Special Notice of Completion and incorporate the language in the City of Huntington Beach's Notice of Completion form. Please be advised that the Notice of Completion must be recordod on or before July 25, 1996. We would like to review the Special Notice of Completion form after you have revised it to Include the languages: specified. If you have any questions or comments, please do not hesitate to contact the undersigned. Sincerely _.. S r aster of Gibbs, Giden, Locher a Acret Enclosure bh\S9nWV1\?ZCX\VAT-W%.s,T4 07/22/1996 11: 28 7148e `67 WATEROPS PAGE 03 f 7�18�56 ; 3:2WM ; GIBB"J'DEN e%' a'. ,AvOIN6 REQUEiTED BY: /f AND WEN RECORDED MAIL TO: Nor— THIS SPACE FM AECOWERIS USE ONLY NOTICE OF COMPLETION (SPECIAL) .. NOTICE IF SERENY GIVRN that the contract heretofore awarded by the City Council of the City of Huntington Reach, California to Pro Contracting Corp., 1785 Sompsoa Avenue, Corona, California 91719, for the following works Peck Reservoir and Pumping Station Renovation, CC-696 ("Project") has been Completed. owners City of Huntington Beach, 2000 Main Street, Huntington Soach, California 93648 Site: 14561 Springdale Street, Huntington Beach, California. Nature of Interest: in fee. PLEASE TAKE FURTHER NOTrCS that the project contains detective work according to the City of Huntington Beach and that the Project was accepted, with defective work, in accordance with the specifications and with a full reservation of rights to seek damages from those parties reaponsiblo for the defective work. The City Council of the City of Huntington Beach accepted the Project with the foregoing reservation, at then regular meeting which was held on July 15, 1996. Reliance Insurance Company was surety for the bond given by Pro Contracting Corp. as required by law. Dated at Huntington Beach, C41 ifprnia, this day of , 1996. ClEy Clerk and ex-officio c er of the city Council of the City of Huntington Beach, California STATE OF CALIFORNIA County of Orange ) as. City Of Huntington Beach j I , the duly elected and qualified City clerk and ex-officin Clerk of the City counci o the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing SPECIAL uOTICE OF COMPLETION is true and correct, and that said SPaCM NOTICE OF COMPLETION was duly and regularly ordered to by recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this day of , 1996. This document in solely for the official business of the City of Huntington Beach, an contemplated _ under Covernawnt'code-Bec. 6103 and City a er and ex-o coo a►r ahould be recorded free of charge. of the city Council of the City of Huntington Beach, California 1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK July 18, 1996 Gary L. Granville, County Clerk-Recorder P. 0. Box 238 Santa Ana, CA 92702 Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P. 0. Box 190, Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope. Please return the conformed copy-document number, recording date, book and page number. Sin rely yours, Connie Brockway City Clerk CB:cc Enclosures g:\cc\nscplltr (Telephone:714-536-5227) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach, CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Pro Contracting Corporation who was the company thereon for doing the following work to-wit: Peck Reservoir Renovation; CC-696: Easement That said work was completed July 15, 1996 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 City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, July 15, 1996. That upon said contract Reliance 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 18th day of July, 1996. 7 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION 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 by said City Council. Dated at Huntington Beach, California, this 18th day of July, 1996.. City Clerk and ex-officio Clerk/ of the City Council of the City • of Huntington Beach, California g:Vbllo%wP\nscplgs REQUEST FOR COUNCIL ACTION MEETING DATE: DEPARTMENT ID NUMBER: Council/Agency Meeting Held: 17115�9 G Deefferred/Continued to: Uf Approved ❑ Conditionally Approved ❑ Denied ity Clerk's Sign ure Council Meeting Date: Department ID Number: REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: S M. JONES II, Director of Public Works SUBJECT: Notice of Completion of Work by Pro Contracting Peck Reservoir Renovation CC-696 E Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status,Attachment(s) Statement of Issue: Pro Contracting Corp. ("Pro") claims to have completed the requirements of the renovation of the Peck Reservoir as specified in the Peck Reservoir Renovation Cash Contract CC-696 (the "Project"). There are several defects with the work on the Peck Reservoir, including the fact that the reservoir roof leaks and the structural integrity of the reservoir tank is in question. Legal counsel has advised filing a Special "Notice of Completion" for the work that has been completed. Funding Source: Since 1992, funding for this project has been authorized by City Council under account number E-EW-PW-849-639-00. It is important to note that Pro has submitted construction and delay claims in excess of $540,000 that are still in dispute. �0 RCAMOT -2- 07/03/96 2:28 PM R UEST FOR COUNCIL ACTION MEETING DATE: DEPARTMENT ID NUMBER: Recommended Action: Authorize the City Clerk to file a Special Notice of Completion with the County Recorder. Alternative Action(s): Deny request and allow statutory period of time to run for projects where no notice of completion or notice of cessation of labor has been filed. This may result in additional stop notice claims being made to the City. Analysis: Because Pro has alleged to have completed all work specified in the.contract documents, it has demobilized from the Project. Under California Civil Code § 3086, completion is defined as acceptance by a public entity or the cessation of labor on a public work of improvement for a continuous period of 30 days. Determining "completion" is important for purposes of the time limitations for filing stop notices with a public entity. A notice of cessation of labor may be recorded with the County recorder after the cessation of labor for the continuous period of 30 days. (California Civil Code § 3092.) Alternatively, a notice of completion may be recorded upon completion (California Civil Code § 3093). Upon the recording of a notice of cessation of labor or a notice of completion, stop notice claimants have 30 days within which to present their claims to City. If no notice of completion or notice of cessation is recorded, the stop notice claimant has 90 days after completion or cessation within which to present its stop notice claim (California Civil Code § 3184). In order to limit the time for the filing of stop notice claims, it would be advisable to record the notice of completion or notice of cessation of labor. If a notice of completion is recorded, it is imperative that it indicate that it is a special notice of completion as the Project contains defective work. Following is a summary of the Pro's project contract costs: COUNCIL APPROVED ACTUAL EXPENDITURES Original Construction Contract $2,793,027.00 $2,793,027.00 Approved Construction Change $ 529,303.00 $ 505,580.89 Orders Total Pro Contracting Costs $3,322,330.00 $3,298,607.89 RCAMOT -3- 07/03/96 2:24 PM REQUEST FOR COUNCIL ACTION MEETING DATE: DEPARTMENT ID NUMBER: To date, no costs have been expended without Council authorization. However, there is approximately $540,000.00 in disputed construction and delay claims still to be resolved. Environmental Status: The Peck Reservoir Renovation has been determined to be categorically exempt pursuant to Class 1, Section 12301 of the California Environmental Quality Act. DMD:jm PROCON.RCA/C:JM City Clerk's Page Number RCAMOT -4- 07/03/96 2:24 PM CALIFORNIA PRELIMINARY 20-DAY NOTICE (PUBLIC AND PRIVATE WORK) IN ACCORDANCE WITH (!� l H SECTION 3097 AND 3` flLIFORNIA CIVIL CODE YOU ARE HEREBY NOTIFIED THAT... .-� CONSTRUCTION LENDER or Patnmde Qon=rvcti on OReputed Construction Lender, if any (name and address of person or firm—sender) 38911 Avenida Arriba W Temecula, CA. 92592 N • • •"• 1••• • has furnished or wdi furnish labor,services,equipment or materials of " '' 1'' the following general description" .,.. i'a. d� oiyd Nq„E.k.,�l,i%,s,r •u.P 'SI "r• E rslk,rl•�fYw=•c•nr=v lnrs.! ;-��rldt=`�Uli%��i))D;�6�r w:�z ; r �'N;,• ' �,ut`,•.o•'1.;}, �rf iC,+) ' �? Plaster rttlOrn�T�ti c „„ (aeneral description o1 the labor•services•equipment or materials furnished or tit be furnished) �,. v..l;, f,;)•', . 1 q+ ( Plaster, Paint set scaffold R None �(;.. �•, . • . rk,1 ,:, }• s sriz 1;,, for the building,structure or other work of improvement located at "v'....•�'.?_ .,•.. ,4". ...`,it,-zdw.�'"uw�=:..c._:.rr���.Nµ�rF, Kar.+tM;vS,a,`i•;�'.w.. .� Peck Reservoir & Pump Station ladd1e or descnpllon of lob site sulnUent for men1111catmn) City of Huntington Beach CFOLD HERE O The name of the person or firm who contracted for the purchase of such labor,services,equipment or materials. NOTICE ll PROPER P TY OWNER Y If bills are not paid in full for the labor,services,equipment,or materials furnished or to be furnished,a mechanic's lien leading to the loss,through court foreclosure proceedings,of all or part of your prop- OWNER Or PUBLIC AGENCY erty being so Improved may be placed against the property even though or Reputed Owner (on public work) you have paid your contractor In full.You may wish to protect yourself against this consequence by(1)requiring your contractor to furnish a (Orl private work) signed release by the person or firm giving you this notice before making payment to your contractor or(2)any other method or device I which Is appropriate under the circumstances. The person or firm giving this notice is required,pursuant to a collet" f r , five bargaining agreement,to pay supplemental fringe benefits into an express trust fund(described in Civil Code§3111).said fund is iden- tified as follows (strike if inapplicable) The City of Huntington Beach (name) I L2000 Main Street (address) P.O. Box 190 i Huntington Beach-'CA". 92648 (came) (address) (nee.) (address) ORIGINAL CONTRACTOR or Mailed this date" Reputed Contractor Ist9nalure) (title) x y,�<<• �;.,>,�,,�,xmsr�;,„a.r�nuns«2r":v;�.;.a-••sra:n,•rrr. emw-•,•. °-^ An estimate of the total price of the labor, services, equipment or PT)� xs4liwSietefi 0, frsq materials furnished or to be furnished is parµ.,,,. "..•:r� v �.•)2 3 f,, ,�.� i s,,t4,r" ,_-Pro'Construction y 1785 •Sampson Avenue �,ts%rn• Corona, CA. 91719 L:e.aysae;..,atcr ilass•: wultwet.nr§r•V src. wrt)mgea t}.fl9 -; ar+= cd DECLARATION OF SERVICE OF CALIFORNIA PRELIMINARY 20-DAY NOTICE In Accordance With §3097.1(c)and 3098, California Civil Code (, declare. On the --- —_— day of 19�5, at 9 '1n �.m , Declarant served the CALIFORNIA PRELIMIN 0-DAY NOTICE on the interested parties as follows:(Check applicable box.) l By placing a true copy thereof enclosed in a sealed envelope with first-class registered or certified postage prepaid in the United States mail at Front addressed as follows. r j ❑By delivering a true copy thereof to the parties listed below: ) ❑By leaving a true copy thereof at the address or place of business with some person in charge,of the parties whose names and addresses delivered are listed below:(not to be used on public works) a I declare under penalty of perjury that the foregoing is true and correct.Executed on May 79 at 38911 Avenida Arriba , A 995A9 . 6, j�.•z�u WOLCOTTS FORM 15100(Quadruplicate).Ran,1"e1e (price class 1301 @19e1 WOLCOTTS•INC (PLEASE NOTE REVERSE SIDE) PATNODE CONSTRUCTION `' '` 38911 AVENIDA ARRIBA ,y>r-���n .� >__ �x Y�.��• TEMECULA,CA.92952 T ATTN: U JpH iDSTHGE TEMEW-H.CH 92593 MAY 22.'95 HMOUNT UNIT ED STAY ES POSTAL SERVICE �^ � 0000 2 00018717-01 CITY OF HUNTINGTON BEACH 2000 MAIN STREET P n RnX 1.ao HUNTING TON BEACH,CA.92648 ATTN: FINANCE k, '6�at line over . , of envelope to ibe right of the return address-,!, Z 173. 35 REQUEST FOR CITY COUNCIL ACTION Date August 1. 1994 Submitted to: Honorable Mayor and City Council � Michael T. Uberua a City Administrator�' � Submitted by: q � y �--_ Prepared by: ay Silver, Assistant City Administrator/,,� Acting Director of Public Works Subject: PECK RESERVOIR RENOVATION; CC-69 6 APPROVED BY CITY COUNCIL CHANGE ORDERS 19v. CITY LER Consistent with Council Policy? [XI Yes [ ] New Policy or Exception Statement of Issue, Recommended Action, Analysis, Funding Source, Alternative Actions, Attachments: g/j/9�l .6 '/ 9'�z Statement of Issue: On November 1, 1993, City Council took formal action to establish a budget of $3,982, 330 for the Peck Reservoir Renovation, CC-696. This budget includes $2,793, 027 for construction; $279,303 for construction change orders; $550, 000 for City purchased equipment and $360,000 for anticipated project supplemental expenses (including project management and inspection costs, special materials, testing, etc. ) . The funds previously approved for anticipated change orders ($279, 303) will need to be increased. There were several major unforseen field conditions encountered (including unstable soil conditions and inadequate roof framing) that will expend the entire previously approved change order budget. It is requested that the project change order budget be increased by an additional $250, 000. Recommended Action: Increase the construction change order budget for the Peck Reservoir renovation from $279, 303 to $529, 303 . This increase will represent a change order budget that is approximately 19% of the total construction contract amount. Analysis: Background The Peck Reservoir Renovation project generally consists of the renovation of the existing 16 million gallon reservoir structure, August 1, 1994 Peck Reservoir Renovation; CC-696 Change Orders Page 2 and rebuilding of the existing pump station, including the following: (a) Reinforcing the reservoir structure and rebuilding the pump station building to meet the requirements of the seismic regulations of the current Uniform Building Code. (b) Replacing deteriorated reservoir roof panels, decayed structural members, and supporting roof hardware on the reservoir. (c) Replacing the reservoir lining to reduce leakage. (d) Replacing one pump and adding one new pump to the existing pump station. (e) Adding a liquefied petroleum gas fuel system for secondary power. (f) Adding safety ladders and required access ways. Construction activity began in mid-March and the project is now approximately 35% complete. The anticipated completion date for the project is February, 1995. Change Orders There are several currently approved and/or pending construction change orders which are summarized as follows: Item Estimated Cost 1. Soil Stabilization $ 60, 000 2 . Roof Framing Timbers $ 140, 000 3 . Plan Check Revisions $ 80, 000 4. Misc. Change Orders $ 30, 000 TOTAL $ 310, 000 Staff is also currently considering certain design changes, for a credit to the City, that may reduce the above figure by up to $50, 000. Following is a more detailed explanation of the above change order items: August 1, 1994 Peck Reservoir Renovation; CC-696 Change Orders Page 3 1. Soil Stabilization The reservoir renovation includes an "underdrain" piping network beneath the reservoir, for the purpose of disposing of water, should the reservoir leak. Construction of this underdrain system involved digging drain trenches beneath the reservoir floor at a depth of 3-feet. During this construction activity, it became apparent that the existing soils beneath the reservoir floor were saturated with water. The source of this water may have been perched groundwater, water from years of reservoir leakage, or perhaps irrigation water migrating from the adjacent strawberry fields. Concerned with the stability of these soils, City staff contracted with a geotechnical consultant (Geofon, Inc. ) to investigate the situation and formulate any necessary repair methods. Geofon investigated the site conditions, identified those areas of unsuitable soils, and recommended several repair options including the following: (a) Removal of existing saturated soils, to a point where stable soil conditions are found. (b) Lay a geotextile fabric over the existing soil to increase the strength and bearing capacity of the soil. (c) Replace the saturated soil with a more suitable soil material. Staff agreed with this recommendation and authorized the contractor to proceed with this work (under the direction of Geofon) on a time-and-materials basis. Because these conditions were unforseen, and the contractor had no knowledge of them prior to bid, he is entitled to extra compensation for this work. Attached is a letter from the consulting design engineers (Montgomery Watson Americas, Inc. ) explaining how the soil stabilization change order could not have been anticipated at bid time. The- total cost of these repairs on the reservoir slopes is approximately $55, 000. Staff is currently negotiating with the contractor for him to assume a percentage of this cost, since staff feels that the contractor's work method at certain locations (specifically in leaving the underdrain trenches open overnight) may have exacerbated the slope failures. Unstable soil conditions were also encountered when the footings for the pump station were excavated. Again Geofon was consulted to investigate and formulate repair options. Staff heeded Geofon's recommendations and authorized the contractor to proceed with the repairs on a time-and-materials basis. These repairs included August 1, 1994 Peck Reservoir Renovation; CC-696 Change Orders Page 4 over-excavating the footing an additional 18-inches (minimum) and replacing the saturated soil, at a cost of approximately $5,000. 2. Roof Framing Timbers The reservoir renovation includes construction of a new roof. The project plans and specifications included the removal and replacement of 15% of the roof framing timbers. This 15% was an estimated figure, chosen by the design engineering consultant (Montgomery Watson Americas, Inc. ) to represent those timbers that may require replacement. The contractor's bid included a unit cost for these framing timbers, in the event that this percentage would need to be increased (resulting in a change order to the City) or decreased (resulting in a credit to the City) . Until the existing roof was removed, it could not be determined which members or what percentage of the existing roofing timbers would require replacement. When the roof was removed by the contractor, an independent timber inspection firm evaluated the existing roof framing and determined that not 15%, but approximately 40% of the existing framing would require replacement. This results in a change order to the contractor of approximately $140, 000, and is based upon the contractor's unit cost, per his original bid. The attached letter from the consulting design engineers (Montgomery Watson Americas, Inc. ) also explains how the extent of roofing timbers requiring replacement could not have been anticipated at bid time. 3 . Plan Check Revisions In an effort to expedite this project, so that the reservoir would not be out of service for more than one peak summer demand period, the job was bid, and the contract was awarded prior to the review of plans and specifications being completed by the City Building Department. This final plan check review necessitated certain design changes which resulted in a change order to the contractor. These design changes included a gas leak detector system in the pump station, additional roofing hangers, and other miscellaneous items, at an additional change order cost to the city of approximately $80, 000. Since the contractor was not aware of these (plan check) revisions when he bid the job, he is entitled to change order compensation for this work. 4. Miscellaneous Change Orders Several miscellaneous change orders are pending, including additional roofing hardware (for additional roof framing) , and minor design changes necessary to accommodate unforseen actual field conditions. The total cost of these miscellaneous change orders is less than $30, 000. August 1, 1994 Peck Reservoir Renovation; CC-696 Change Orders Page 5 Future Change Orders Because change orders are for unforseen conditions, it is virtually impossible to estimate the funds that may be required for future change orders, which may include further soil stabilization and/or design changes. Typically, Council authorizes an initial change order budget in the amount of 10% of the construction contract. Because we are now very close to exceeding this initial amount, staff is requesting that approximately another 10t of the construction contract amount (i.e. $250, 000) be approved for use on future construction change orders. These future change orders have not yet been identified; their costs may actually be less than $250, 000. However, staff feels that increasing the change order budget by another $250,000 should adequately serve the anticipated but not yet specifically determined future change order requirements of the project, and should avoid the need for subsequent requests to Council for additional change order funding. The additional $250, 000 is effectively a reserve account, should the need for future change orders arise. City Council approval at this time will allow staff to authorize future construction change orders to the contractor with minimal interruption to construction activity and delay claims/costs by the contractor. Funding Source: Funds allocated for this project in the amount of $3,982, 330 are budgeted in the Water Division Capital Outlay Account E-EW-PW-849- 6-39-00. An additional $250, 000 is requested from the Water Division unappropriated Reserve Fund Balance per the attached Fiscal Impact Statement. Alternative Actions: 1. Deny request for additional change order funds at this time. If change order funds are not approved at this time, it will be necessary for staff to request City Council approval for each individual future change order. Because legally the contractor is not authorized to proceed with extra work until he is issued an approved change order, this could cause undue delays to the contractor, at a cost to the City of up to thousands of dollars per day. August 1, 1994 Peck Reservoir Renovation; CC-696 Change Orders Page 6 2. Approve an additional change order budget of something less than $250,000. A lesser number may be sufficient, however, staff feels $250, 000 is a reasonable figure. Attachments: 1. Fiscal Impact Statement 2. Letter from design engineers, Montgomery Watson Americas, Inc. RS:JRR:DMD:bb FCITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: MICHAEL T. UBERUAGA, City Administrator FROM: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: REQUESTED FUNDING FOR ADDITIONAL CHARGES ASSOCIATED WITH THE PECK RESERVOIR.RENOVATION, FIS 94-44 DATE: J U LY 19, 1994 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed appropriation of$250,000 to allow for the funding of additional construction costs directly related to the Peck Reservoir Renovation Project. Upon approval of the City Council, the balance of the unaudited, undesignated Water Fund would be reduced to $4,706,000. RO NZ eputy Cit Adminis (ator RJF:AR:skd 0004776.01 07/19/94 9:35 AM SENT BY: 17-19-94 84:E7F't-1 818S686101 ^14 84 7 MONTGOMERY WATSON I July 19, 1994 City of Huntington Beach Water Department 19001 Huntington Street Huntington Beach, CA 92648 ATTENTION: Ms. Deborah DeBow SUBJECT: Roof Timber and Reservoir Soil Stabillzation - Peck Reservoir In response to your recent inquiries regarding the development of the construction change orders for the soil stabilization and the timer quantities work at the Peck Reservoir, we are pleased to offer the following background information: ° In 1989, Geofon under a subcontract to Montgomery Watson, conducted a geotechnical investigation of the subsurface conditions at the Peck Reservoir site. Geofon's geotechnical investigations were carried out on the exterior of the reservoir and their findings were based on the limited number of borings. Based on Geofon's findings at the time, there was no need or recommendations for any soil stabilization. However, once the reservoir was dewatered and the interior slope was exposed, a localized failure of the slope was observed. Based on the localized failure of the slope, recommendations were made to stabilize the slope. Complete evaluation of the timber replacement of the reservoir roof could not be made during design because access to the timber roof was not available, An estimate of 15% replacement was included in the contract documents with a separate unit price bid item included to adjust for the differences in quantities when full access to the roof was available during construction. In summary as you can see, these conditions could not be anticipated to this extent, and the change orders occurred as a result of the unforseen and changed conditions. 301 North LakcAnne To1,6167969141 Serving the World's Environmental Needs swte 608 Fax 918 5AR 9101 PasadenH,California 91101 JLI 11 LEI VIA-1^-_�I JAY• -_I 1I -1--__-1-1 i1'-1 �'-t 1-- i .t _ If you have any questions regarding the timber replacement quantities or soil stabilization, please do not hesitate to call. Sincerely, Luanne Fairbanks Senior Engineer cc: A. Dhingra I have received the Faithful Performance Bond and the Labor and Materials bond for Peck Reservoir and Pumping Station Renovation - CC-696 on behalf of the Treasurer's Office. Dated By. . Acknowledgement State of CALIFORNIA On NOVEMBER 3, 1993 before me, CINDY BANTA County of RIVERSIDE SS. ANTON N TETT Notary Public,personally appeared , apICMLA personally known to me �p�.��ONw1 the person whose nam re subscribed to the within instrument and ack- �gy mcWNTY nowledgedd to me tha he/they executed the same il> er/their authorized *cow ExomsNov.11IMM capacityjis<6nd that hi er/their signature<on the instrument the personX,or the entity upon behalf of which the persor}(dracted,executed the instrument. WITNESS my hand an official seal. c (This area for official notarial seal) Signature ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT DESCRIBED.AT RIGHT Number of Pages Date of Document rT 1100 (Rev 9/92) f2 Signer(s)Other Than Named Above 9ttk*dcde**�k**tk*�Y*�kir*dc*******�fc*�kycycic*Yt*Ye***�Y�C�txxxvcx x r x .cc xxa .A .. . . . . . A A A A A A .cwwwwww7c * STATE OF CALIFORNIA * COUNTY OF SAN BERNARDINO . * On NOVEMBER 3, 1993 before me, KELLY A. SAITMAN , a Notary Public, * -personally appeared JAY P. FREEMAN personally known to me (Q-r-- * to be the persons-) * whose name(-&J is/•a•*,_- subscribed to the within instrument and acknowledged * to me that he/s4ie—ttMy executed the same in his/1terf eir authorized * capacity(ies'7', and that by his/h�r signature(-j --on the instrument * * the person{-s}, or the entity upon behalf of which the person(} acted, * * executed the instrument. ••••N•N••N•N�N��N•N•NN * * FICLALSM III KELLY A. SAIMAN * NOTARY PUBLIC-CALIFOWM * WITNESS my h nd and official seal. =x;: PRINCIPALOFFICEN * * SAN BERNANDW COUNTY M,Coiriiiirimllwi Emp.JunWl7,18W * Signature ..+:•..N•.N.•..•..••..N••••NN * * 1 (Seal) L y Yy Lyy L yy y L L Ly y LJ * y_.L_a-y-• .+ .-_.__L.L.L_L J..L.1..L d.����•�_•}*'}********�rf�'**_�p,1L Q_Q1f_� i5*_**..�i. C A i�iC*A if A*�f iC A iC iC*iC A ii****** EXECUTED IN TRIPLICATE SECTION 00610- PERFORMANCE BOND BOND NO: 1922543 PREMIUM: $26,622.00 KNOW ALL MEN BY THESE PRESENTS, That PRO CONTRACTING CORP- as CONTRACTOR, and RFT.TANCE TNSURANCE COMPANY as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH hereinafter called "OWNER," in the sum of TWO MILLION SEVEN HUNDRED NINETY THREE THOUSAND TWENTY SEVEN AND N0/100**** dollars, for the payment of which sum,well and truly to be made,we bind ourselves,our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. WHEREAS, said CONTRACTOR has been awarded and is about to enter into the annexed 1 Agreement with said OWNER to perform the WORK as specified or indicated in th c Documents entitled PECK RESERVOIR AND PUMPING STATION RENOVATION CC 1 NOW THEREFORE, if said CONTRACTOR SHALL perform all the requirements of said Contract Documents required to be performed on its part,at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. �c PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or .: changes in the time of completion, which may be made pursuant to the terms of said Contract Documents,shall not in any way release said CONTRACTOR or said Surety thereunder,nor shall C any extensions of time granted under the provisions of said Contract Documents, release either i said CONTRACTOR or said Surety,and notice of such alterations or extensions of the Agreement k is hereby waived by said Surety. NOVEMBER 93 SIGNED AND SEALED, this 3RD day of . 19 PRO CONTRACTING CORP. (SEAL) (SEAL) �I RELIANCE INSURANCE COMPANY ,+ ICONTRAC OR) (Surety) By: By: �1 (Signature) (Signature) JAY P. FREEMAN ATTORNEY—IN—FACT (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) IAPPROVED AS TO FOFAz G.ATL BUTTON Cad TY' AT Y 3�,. I rtlty Of'+v fic� ne MW-030193 PERFORMANCE BOND 126.0121-PECK RESERVOIR AND PUMPING STATION RENOVATION PAGE 00610-1 EXECUTED IN TRIPLICATE SECTION 00620 - PAYMENT BOND BOND NO: 1922543 PREMIUM INCLUDED IN PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That PRO CONTRACTING CORP. as CONTRACTOR, and RELIANCE INSURANCE COMPANY as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH hereinafter called "OWNER," in the sum of _'rwc?MILLION SEVEN_HUNDRED NINETY THREE ,THOUSAND TWENTY SEVEN AND N01100**** dollars, for the payment of which sum,well and truly to be made,we bind ourselves,our heirs,executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, said CONTRACTOR has been awarded and is about to enter into the annexed Agreement with said OWNER to perform the WORK as specified or indicated In the Contract Documents entitled "Peck Reservoir and Pumping Station Renovation". NOW, THEREFORE, if said CONTRACTOR, its subcontractors, its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions,provender, equipment or other supplies used in,upon,for or about the performance of the WORK contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code,or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the CONTRACTOR and its Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor,a I as required by the provisions of Title XV, Chapter 7,Sections 3247-3252 inclusive,of the Civil Code of the State of California and acts amendatory thereof, and sections of other codes of the State of California referred to therein and acts ' amendatory thereof,and provided that the persons,companies,or corporations so furnishing said materials, provisions, provender, equipment, or other supplies, appliances, or power used In, upon, for, or about performance of the work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for or Contributing to said work to be done, or any person who performs work or labor upon the same, 4 or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws, then said Surety will pay the same in an amount not exceeding the sum hereinabove set forth and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee, as shall be fixed by the Court. This bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. r PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents,shall not In any way release said CONTRACTOR or said Surety thereunder,nor shall any extensions of time granted under the provisions of said Contract Documents release either said CONTRACTOR or said Surety,and notice of such alterations or extensions of the Agreement ' Is hereby waived by said Surety. I ' MW-030193 PAYMENT BOND ' 126.0121-PECK RESERVOIR AND PUMPING STATION RENOVATION PAGE 00620-1 TOTAL P.04 SIGNED AND SEALED, this 3RD day of NOVEMBER g 93 PRO CONTRACTING CORP. (SEAL) RELIANCE INSURANCE COMPANY (SEAL) ` ONTRAC R) rely) By: By; (Signature) U (Signature) JAY P. FREEMAN ATTORNEY-IN-FACT (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) r Acknowledgement State of CALIFORNIA On NOVEMBER3` ,1993r` before me, CINDY BANTA County of RIVERSIDE SS' ANTON ANSTET Notary Public,personally appeared 0. 17 pULSEAL personally known to me(or proved to me on the basis of satisfactory evidence)to br CI Pj BANTA LIgfIIRY pUBIIC-CALffOkNN the person(s) whose name(s) is/are subscribed to the within instrument and ack pVOMCOUNTY nowledged to me that he/she/they executed the some in his/her/their authorize( MyCpgp ExpiresNov.11,1995 capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),c the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand a official seal. (This area for official notarial seal) Signature ATTENTION NOTARY:Although the information requested below is OPTIONAL It could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages._ Date of Document n ,I(K) (Rov 9/9:1) s t Signer(s)Other Than Named Above ****�k***vk�k�k***9r***�Ic�ir�k*****vtyk**sir******•k*oY**71r�Ic*�ot�r�t**�ir�r�r�r�ryrx�tyr�ryryeyrror�crr�tyrveyr�r�eyryt�t* * STATE OF CALIFORNIA * COUNTY OF SAN BERNARDINO * On NOVEMBER 3 . 1993 before me, KELLY A SAITMAN , a Notary Public, * p rsonally appeared JAY P. FREEMAN , personally known to me �(-er- * P o be the person{-s4— * wh se name(`--is/a*e ,subscribed to the within instrument and acknowledged * to me that he/s }Qy executed the same in his/hsrftiTeir authorized * capacity(ies-)-, and that by his/hem f twig signature(,s+-on the instrument * the person( or the entity upon behalf of which the person(Tacted, * * executed the instrument. .««•......««..........•••��•••• * _ rWrIAL SEAL KELLY A. SAITMAN * s: NOTARY PUBLIC-CAL FOOM * WITNESS my h nd and official seal. `- 0; J PAWIPALOFFlCEN i SAN F3ERNAROINOGOUFIT`f * 'i My C�,+nrrdfP�r fop.JurN 27,tOYt * Signature, .«.:: .......«.«v«Y•.««««..tt -A * (Seal) �` '._ d � i . -,..,_y.,..�..r...k_�.4.4,1 .4_,4�1r_ele r+4 +4•k�t�k�4--*'k A.*�.*'�'fr�k ir'.a�-.�-.�*r'�.*.�,�k 7k�L.���*.i��.9�7k 7�*,A RELIANCE INSURANCE COMPk . f HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint Jay P. Freeman, individually, of Ontario, California, its true and lawful Attorneys)-in-Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings of suretyship and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article Vil of the By-Laws of RELIANCE INSURANCE COMPANY which became effective September 7, 1978, which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKING 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b)to remove any such Attorney(s)-in-Fact at any time and revoke the power and authority given to them. 2. Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them,to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution has not been amended or repealed: "Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed,this 7 day of October, 1993 RELIANCE INSURANCE COMPANY J�l4�\NwPANCf 00 ¢ i I Vice President STATE OF Washington } ;o COUNTY OF King ss. '+,rtowtc+'' On this 7 day of October, 1993 personally appeared Lawrence W.Carlstrom to me known to be the Vice President of the RELIANCE INSURAN Y, and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporate reee, @, t Article VII, Section 1, 2, and 3 of the By-Laws of said Company,and the Resolution, set forth therein, are still in ful i rti� �SSTN c�,lc'1 Q m NC TARY c� PUBLI z ,9 8_16-9 !tom Notary Public in and for State of Washington J� ? Residing at Sumner 1, Robyn Layng, Assistant Secretary of the RELIANCE INSU Cc7frmrt[ o hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said RELIANC OMPANY, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the s id Company this3RD"' day of NOVEMBER 1993 :a""Nsu.wQEe s� Assistant Secretary ODR-1431 Ed.3/93 ALIFORNIA PRELIMINARY NOT) �ee, 75 . .. YOUR ATTENTION IS DIRECTED TO SECTIONS 3097' 8 AND 3111, CALIFORNIA CIVIL CODE WHICH REC:'";_'S US TO NOTIFY YOU "THAT IF BILLS ARE NOT PAID IN FULL FOR LABOR,SERVICES, EQUIPMENT OR MATERIALS FURNISHED,OR TO BE FURNISHED, THE IMPROVED PROPERTY (WHICH IS DESCRIBED HEREON) MAY BE SUBJECT TO MECHANICS' LIENS''. (THIS STATEMENT IS APPLICABLE TO PRIVATE WORK ONLY.) THIS IS NOT A LIEN.THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. 0167 YOU ARE HEREBY NOTIFIED: DATE December 15, 1993 THAT THE UNDERSIGNED HAS FURNISHED OR WILL FURNISH LABOR, SERVICES, EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION: Cilif7co:: Inc. tdelded Steel Pipe & Fittings tNAMEI (DESCRIPTION OF MATERIAL) P. O, Box 589 (ADDRESS) INDIVIDUAL OR Livermore Qk 9 1 FIRM (CITY) (STATE) (ZIP) BY: 14561 Springdale Street (SIGNATURE) ADDRESS OF BUILDING,STRUCTURE,WORK OF IMPROVEMENT) Jay Forni, Jr.J President 12/25/93 Hunington Beach CA 92648 ITITIEI IDATEI (CITY) ISTATEI (ZIP) THE NAME AND ADDRESS OF THE PERSON WHO CONTRACTED FOR THE PURCHASE OF SUCH LABOR,SERVICE,EQUIPMENT OR MATERIAL NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equipment,or mater- IS Pro Contracting Corp. ids furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings,of all or part of your property being so improved may be placed against the property even though you have paid 12701 Be Magnolia, Riverside, CA 92503 Youuocontractor noce b(1)re fuir' g u may your cowish rf odorturfmi yourself sigedd rel�b can- the »q r requiring y >9 by person or firm giving you this notice before making payment to your con- tractor or(2)any other method or device which is appropriate under the circumstonces. City of Hun t ing r on Beach TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYI(BLE TO: OWNER, �nnn Main StTPP NAME REPUTED OWNER, OR PUBLIC AGENCY Huntington,B@Ach, CA 92648 ADDRESS NAME Pro Contracting Corp. ADDRESS :REPUTED AL CCTOR 12701 B. Magnolia NAME CCTOR Riverside, CA 92503 ADDRESS (MATERIAL MEN NOT REQUIRED TO FURNISH THE ABOVE) NOTICE TO: TO CONSTRUCTION LENDER ONLY (C]ONSTRUCTIONNDERESTIMATED TOTAL PRICE OF THE LABOR, SERVICES, NDEROR EQUIPMENT OR MATERIALS DESCRIBED HEREON. PUTEDTRUCTIONNDER ::eK11AY�iM�lf PROOF OF SERVICE AFFIDAVIT (SECTION 3097 1,CALIFORNIA CIVIL CODE) declare that I served copies of the above PRELIMINARY NOTICE (check appropriate box). ky(a) D "personally delivering copies to at (name(s)and title(s)of person served) (address) on 19 ,at _.m. (date) (time) (b) By First Class Certified or Registered Mail service, postage prepaid, addressed to each of the parties at the addresses shown above on December sr _, 199_. I declare under penalty of perjury that,the foregoing is true and correct. Signed at Livermore California, on December 15` 1993 [ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED] SIGNATURE OF PERSON MAKING SERVICE REDIFORM 40 4S449 POLY PAK (50 SETS)415449 1 opt'*14 • SIC Muy /' CC4 Ito r Orange County I B E W - N E C A JOINT LABOR MANAGEMENT COOPERATIVE TRUST 8 December, 1993 Certified#P 221092 584 CITY OF HUNTINGTON BEACH-CITY CLERK 2000 MAIN STREET a HUNTINGTON BEACH, CA 92648 LO Re: Project Name: PECK RESERVOIR& PUMP STATION :y R Prime Contractor: PRO CONTRACTINGrim Electrical Contractor: WEST& SYLVESTER x= . r This letter is a formal request for Certified Payroll for West& Sylvester performing the electrical/lighting portion on the above referenced projects. This requisition is made pursuant to Labor Code Section 1776 (b),(3), (copy attached). Please send the payroll records to my attention at JLMCT, 3222 West 1st Street, Santa Ana, CA 92703. You have the right to reimbursement for the preparation of these materials.Please notify us each time the payroll reports are ready and we will send you a check for incurred costs. If we do not receive the payroll reports within 30 days of the date of this letter, we will request the assistance of the Division of Labor Standards Enforcement in the Department of Industrial Relations. In the event this project does not commence until some time after your receipt of this letter, please inform me of the estimated starting date. We wish to receive the records within 30 days of the commencement of labor and continually thereafter until the project by West& Sylvester is concluded. We appreciate your prompt response in this matter. Please call me at(714) 839-5102 with any questions that may arise regarding this request. S cerely, Marilynn B ' s Consultant Enclosure: La r Code 1776 3), California Code- Regulations§16100,Article 3 3222 west 1st Street, Santa Ana, CA 92703 (714)839-5102 fax (714)775-3198 LABOR CODE LABOR CODE ,vorkman by the contractor, and the body awarding the contract shall 1 r pause to be inserted in the contract a stipulation that the provisions of this thereof made; provided, however, that a request by the public shall p p I made through either the body awarding the contract, the Division :ection will be complied with. Apprenticeship Standards, or the Division of Labor Standards Enforc To the extent that there is insufficient money due a contractor to cover ment. If the requested payroll records have not been provided pursu all penalties forfeited and amounts due in accordance with this section,or to paragraph (2), the requesting party shall, prior to being provided t in accordance with Section 1813 of this chapter,and in all cases where the records,reimburse the costs of preparation by the contractor,subcontra Contract does not provide for a money payment by the awarding body to tors,and the entity through which the request was made.The public sh khe contractor, the awarding body shall notify, provided that in the case not be given access to the records at the principal office of the contract of a workman claiming the difference between the prevailing wage rate (c) Each contractor shall file a certified copy of the records enum and the amount paid him the awarding body has first been given the ated in subdivision (a) with the entity that requested the records with notice mentioned in Section 1190.1 of the Code of Civil Procedure, the 10 days after receipt of a written request. Division of Labor Standards Enforcement of such violation and the Divi- �(d);Any copy of records made available for inspection as copies sion of Labor Standards Enforcement, if necessary with the assistance of furnished upon request to the public or any public agency by the awardi the awarding body, may maintain an action in any court of competent body, the Division of Apprenticeship Standards, or the Division of La jurisdiction to recover the penalties and the amounts due provided for Standards Enforcement shall be marked or obliterated in such a n herein. Such action shall be commenced not later than 90 days after the as to prevent disclosure of an individual's name, address, and soc. Te filing of a valid notice of completion in the office of the county recorder f rity number. The name and address of the contractor awarded the cot in each county in which the public work or some part thereof was per- I tract or performing the contract shall not be marked or obliterated. formed, or not later than 90 days after acceptance of such public work, (e) The contractor shall inform the body awarding the contract of tl whichever last occurs. No issue other than that of the liability of the location of the records enumerated under subdivision (a), including tE contractor for the penalties allegedly forfeited and amounts due shall be street address, city and county, and shall, within five working days, pr determined in such action, and the burden shall be upon the contractor vide a notice of a change of location and address. to establish that the penalties and amounts demanded in such action are (f) In the event of noncompliance with the requirements of this se not due. lion, the contractor shall have 10 days in which to comply subsequent Out of any money withheld or recovered or both there shall first be paid receipt of written notice specifying in what respects the contractor mu the amount due each workman and if insufficient funds are withheld or comply with this section.Should noncompliance still be evident after d recovered or both to pay each workman in full the money shall be prorat- 10-day period, the contractor shall, as a penalty to the state or politic ed among all such workmen. subdivision on whose behalf the contract is made or awarded, forft (Amended by Stats. 1978, Ch. 1249.) twenty-five dollars S25 for each calendar day, or ty- ( ) y, portion thereof, f „I7I41 _.(a), Each contractor and subcontractor shall keep an accurate each worker, until strict compliance is effectuated. Upon the request pay7011 record,showing the name, address, social security number, work the Division of Apprenticeship Standards or the Division of Labor Stan classification, straight time and overtime hours worked each day and ards Enforcement, these penalties shall be withheld from progress pi week, and the actual per diem wages paid to each journeyman, appren- ments then due. lice, worker, or other employee employed by him or her in connection %,, '(g)-.'The body awarding the contract shall cause to be inser )in C %k t.h,.the public work. contract stipulations to effectuate this section. These stipulations shall. ' `(b)`Me payroll records enumerated under subdivision (a) shall be the responsibility for compliance with this section on the prime contr. certified and shall be available for inspection at all reasonable hours at the tor.- principal office of the contractor on the following basis: f ':,lh The director shall adopt rules consistent with the California Pub (1) A certified copy of an employee's payroll record shall be made Records Act, (Ch. 3.5 (commencing with Sec. 6250), Div. 7,Title 1, Q available for inspection or furnished to the employee or his or her author- C.) .and the Information Practices Act of 1977, (Title 1.8 (commenci ized representative on request. I with Sec. 1798) Pt. 4, Div. 3, Civ. C.) governing the release of the (2) A certified copy of all payroll records enumerated in subdivision (a) records, including the establishment of reasonable fees to be charged I shall be made available for inspection or furnished upon request to a reproducing copies of records required by this section. representative of the body awarding the contract, rite Division of Labor (Amended by Stats. 1983,Ch.681.) Standards Enforcement,and the Division of Apprenticeship Standards of 17-27. Any officer,agent,or representative of the State or of any poI �he Department of Industrial Relations. cal subdivision who wilfully violates any provision of this article, and a ..(3)'A certified copy of all Payroll records enumerated in subdivision (a) I contractor, or subcontractor, or agent or representative thereof, doi shall be made available upon request by the public for inspection or copies public work who neglects to comply with any provision of Section tir< i teuilty of a micr PmPnnnr CALIFORNIA CODE OF REGULATIONS works contracts. Article 3. Duties, Responsibilities, and Rights 'of Parties ' (a) Department and Division Authority In Prevailing Wage Issues. The Director shall establish and coordinate the administration of the State's prevailing wage law, including the determination of coverage issues. The lead agency for the determination of prevailing wage rates shall be the Division of Labor Statistics and Research. The lead agency for the enforcement of the payment of prevailing wages is the Division of Labor Standards Enforcement. The lead agency for the coordination on apprenticeship is the Division of Apprenticeship Standards. This section shall not be construed to preclude any filing requirements with DLSR of appropriate agreements or petitions regarding determinations or any other documents,.papers, books, etc. otherwise required by the law or these regulations. —(b) The' yvgrdtng Qody ph ll; (1) Obtain the prevailing wage rate from the Director in accordance with Labor Code Sections 1771 and 1773. (2) Specify the appropriate prevailing wage rates, in accordance with Labor Code Sections 1773.2 and 1777.5. (A) The posting requirement is applicable for each job site. EXCEPTION: If more than one worksite exists on any project, then the applicable rates may be posted at a single location which is readily available to all workers. ' (B) If a wage rate for a craft, classification or type of worker is not published in the Director's general prevailing wage determinations, a request for a special determination should be made - by the awarding body to Chief, Division of Labor Statistics and Research, P.O. Box 420603, San Francisco, CA 94142, at least 45 days prior to the project bid advertisement date. (3) Notify DAS. See Labor'Code Section 1773.3. (4) Inform prime contractors, to the extent feasible, of relevant public work requirements: NOTE: Requirement information may be disseminated at a preacceptance of bid conference or in a call for bids or at an award of bid conference. The public woft requirements are: (A) the*appropriate number of apprentices are on the job site, as set forth in Labor Code Section 1777.5. (B) workers' compensation coverage, as set forth in Labor Code Sections 1860 and 1861. (C) keep accurate records of the work performed on the public works project, as set forth in Labor Code Section 1812. (D) inspection of payroll records pursuant to Labor Code Section 1776, and as set forth in Section 16400(e) of these regulations. (E) and other requirements imposed by law. (5) Withhold monies. See Labor Code Section 1727. (6) Ensure that public works projects are not split or separated into smaller work orders or projects for the purpose of evading the applicable provisions of Labor Code Section 1771. (7) Deny the right to bid on public work contracts to contractors or subcontractors who have violated public work laws, as set forth in Labor Code Section 1777.7. (8) Not permit workers on public works to.work more than eight hours a day or 40 hours in any one calendar-week, unless compensated at not less than time and a half as set forth in.- Labor Code Section 1815. EXCEPTION: If the prevailing wage determination requires a higher rate of pay for overtime work than is.required under Labor Code Section 1815,_then that higher overtime rate must be paid, as specified in subsection 16200(a)(3)(F) of these regulations. YDAl � REQUES'i FOR CITY COUNCIL ACTION - - Date November 1, 1993 Submitted to: Honorable Mayor and City Council ,�- Submitted by: Michael T. Uberuaga, City Administrator1o`V�✓\ (�_ Prepared by: 1W Louis F. Sandoval, Director of Public Worksoelw_ Subject: PECK RESERVOIR RENOVATION CC-696 APPROVED BY CITY COUNCIL 19 Consistent with Council Policy? [XI Yes ( ] New Policy or Excepti CITY ,LERK Statement of Issue, Recommended Action, Analysis, Funding Source, Alternative Actions, Attachments: Statement of Issue: Pursuant to City Council authorization on August 16, 1993, construction bids were received for the renovation of Peck Reservoir CC-696, and a contract is now ready to be awarded. Additionally, proposals have been received from qualified construction management and inspection firms to provide full-time services for this project. These proposals have been evaluated and the professional services contract is ready to be awarded. Recommended Actions: 1. Authorize the Director of Finance to amend the current year Water Division Capital Improvement Budget for the Peck Reservoir Renovation; CC-696, by: a. Appropriating an additional $982 , 330. 00 for construction costs. b. Appropriating $360, 000. 00 for anticipated project supplemental expenses (including $98, 670. 00 for construction support and inspection services) . C. Appropriating $279, 303. 00 for construction change orders. 2 . Establish a budget for CC-696 of $3, 982, 330. 00. This includes the $2,793, 027.00 for construction; $360, 000. 00 for anticipated project supplemental expenses; $279,303 . 00 for construction change orders; and $550, 000. 00 for equipment purchases. 3 . Accept the construction bid submitted by Pro Contracting Corporation as the lowest responsive bid and authorize the Mayor and City Clerk to execute the attached construction contract in the amount of $2,793, 027 . 00. f f PECK RESERVOIR RENOVATION CC-696 November 1, 1993 Page 2 4. Approve the selection of CMI Engineering Consultants to provide the construction management, inspection and quality control for CC-696, and authorize the Mayor and City Clerk to execute the attached professional services agreement with CMI Engineering Consultants for a fee not-to-exceed $98, 670. 00. ($85,800. 00 + fifteen percent (15%] for anticipated change orders) . Analysis: The analysis of this report is divided into three sections: The Construction Contract; the Professional Services Contract for Construction Management and Inspection, and the Environmental Status. Construction Contract The Peck Reservoir project consists of two major construction elements: (1) Renovation of the existing reservoir structure, and (2) Rebuilding of the existing pumping station. On August 16, 1993 , the City Council authorized the Director of Public Works to solicit new bids for this project. On October 12 , 1993 , the following bids were received, opened, and read aloud: Contractor Base Bid 1. Pro Contracting Corp. $ 2, 793 , 027. 00 2. Keiwitt Pacific $ 3, 058,200. 00 3 . Pascal & Ludwig $ 3, 070, 000. 00 4. MERCO Construction $ 3 , 111, 600. 00 5. BFI Contractors $ 3 , 169, 700. 00 6. C W Roen Construction $ 3, 204, 222 . 00 7. E. R. Paul $ 3,597, 192 . 00 Engineer's Estimate $ 4, 500, 000. 00 When this project was originally bid last Spring, the reservoir and pump station were bid separately; when re-bid, they were packaged together. Packaging the two projects together, (for award to one contractor) , together with an economically favorable bidding climate, has resulted in very competitive bids, significantly below the engineer's estimate. City Staff has reviewed and evaluated the bids and recommends the acceptance of the bid submitted by Pro Contracting Corp. as the lowest responsive bid. PECK RESERVOIR RENOVATION CC-696 November 1, 1993 Page 3 Professional Services Contract for Construction Management and Inspection Professional consultant services are necessary to provide continuous inspection, quality control and construction management throughout the duration of construction. City Water Division Staff does not have the expertise nor the manpower available to devote to the full-time inspection requirements of this project. As an alternative, the City could hire additional full-time (City) employee(s) to perform these services. Although the cost for these services might be comparable to services contracted out, this newly hired employee would then need to be terminated when the project was completed, as their specialized services would no longer be required. In addition, it would be very difficult to find one individual able to provide all of the expertise required, whereas, a consulting firm would have a staff of "experts" available for the various different aspects of the job. It would not be practical for the City to hire an employee to .provide these specialized services. Pursuant to Chapter 3. 03 of the Municipal Code, Professional Services; on September 20, 1993 , a Request for Proposals was mailed to the following five qualified consulting firms: CMI Engineering Consultants Thousand Oaks, CA Holmes & Narver Orange, CA Butier Engineering, Inc. Huntington Beach, CA Harris & Associates Los Alamitos, CA Track-It Los Angeles, CA On October 7, 1993 , qualified proposals were received from the following firms: CMI Engineering Consultants Thousand Oaks, CA Butier Engineering, Inc. Huntington Beach, CA Harris & Associates Los Alamitos, CA Track-It Los Angeles, CA An evaluation of these proposals, based upon qualifications and not fee (as Mandated by State of California Senate Bill 419) , in addition to interviews with the top three firms, determined the proposal submitted by CMI Engineering Consultants to be the most responsive. A separate, sealed envelope was opened, revealing their not-to-exceed fee of $85, 800. 00. Environmental Status The Peck Reservoir Renovation; CC-696 has been determined to be categorically exempt pursuant to Class I, Section 15301 B of the California Environmental Quality Act. PECK RESERVOIR RENOVATION CC-696 • November 1, 1993 Page 4 Funding Source: Original funds allocated for this project in the amount of $3, 000, 000. 00 are budgeted in the Water Division Capital Outlay Account E-EW-PW-849-6-39-00. An additional $982 , 330. 00 is requested from the Water Division Unappropriated Reserve Fund Balance (per the attached Fiscal Impact Statement) , as follows: Construction Contract Amount0) $ 2 ,793 , 027. 00 Construction Change Orders(2) $ 279, 303 . 00 Project Supplemental ExpensesO) $ 360, 000. 00 Equipment Purchases(4) $ 550, 000. 00 Total Project Budget $ 3 , 982, 330. 00 Less Amount Currently Budgeted $ 3 , 000, 000. 00 Total Funds Required $ 982 , 330. 00 (1) Lowest responsive bid submitted by Pro Contracting Corporation. (2) Pursuant to City Council Resolution No. 4896, the Director of Public Works is authorized to issue construction change orders with a cumulative value not-to-exceed ten percent (10%) of the contract amount, or $50, 000.00. Because of the value of this construction contract (approximately $2 .8 million) , it is requested that the Director of Public Works be authorized to issue change orders in excess of $50,000 .00; not to exceed 10% of the contract amount ($279,303 .00) , without prior City Council approval . (3) Includes proposed contract with CMI Engineering Consultants, future Construction Support Services to be provided by the project design engineer, special materials testing, etc. (4) Includes major equipment (pumps, engines, meters, an upgraded reservoir control system for communication to all reservoirs, etc.) purchased by the Water Division. The direct purchase of this equipment by the Water Division eliminates the contractor's mark-up, and should result in a net cost savings to the City of at least $50, 000.00. Revenues are budgeted for this project in the Water Division Capital Outlay Account E-EW-PW-849-6-39-00. PECK RESERVOIR RENOVATION CC-696 November 1, 1993 Page 5 Alternative Actions: 1. Reject all construction bids, and direct Staff on how to proceed. This option would delay the project indefinitely, and may jeopardize the surrounding area and water supply system, should a seismic event of sufficient magnitude occur. 2 . Deny award of professional services agreement for construction management and inspection services, and utilize City Staff to provide these services in-house. This type of work is very specialized; City Staff does not have the in-house expertise in (mechanical) pump station facilities and reservoir renovation, nor the manpower to provide these services. 3 . Deny award of professional services contract for construction management and inspection services and authorize Staff to hire the additional personnel and purchase the equipment necessary to provide these services. It is neither cost effective nor practical to hire additional City personnel for this project. In addition, this alternative could delay the project for approximately six months or longer. Attachments: 1. Construction Contract with Pro Contracting Corporation 2 . Professional Services Contract with CMI Engineering Consultants 3 . Fiscal Impact Statement LFS:JRR:DMD:bb CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: MICHAEL T. UBERUAGA, City Administrator FROM: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: REQUESTED FUNDING FOR ADDITIONAL CHARGES ASSOCIATED WITH THE PECK RESERVOIR RENOVATION, FIS 94-14 DATE: OCTOBER 22, 1993 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed appropriation of$982,330 to allow for the funding of additional construction costs directly related to the Peck Reservoir Renovation Project. Upon approval of the City Council, the retained earnings of the Water Fund would be reduced to $2,923,632. RCBERTf F Z Deputy City AdZi istrator RJF:AR:skd YYYY��I Ird,�f•�'.._ I A I IYY�YY PUBLIC MONCES PUBLIC NQi°ICES PUBO MMES ing, controls, fans/ventila- 'act is award -lowest responsive, respon- tors, conduits, protective posses the specified Bible bidder as it may best -- coatings, and apt license shall render the Bid PUBLIC NOTICE purtenances, compete and as non-responsive and serve the interest of the operable,all as shown and shall act as a bar to award OWNER. SECTION 00030• specified, Reinstallation of of the Contract to any bid- OWNER: THE CITY NOTICE Engine Nos. 1 and 3 and der not possessing said Ii= OF H U N T I N G T O N IN'ffITING,B BIDS their accessories as shown cerise at the time of award. BEACH RECEIPT BIDS: and specified, CALIFORNIA WAGE RATE By:Connie Brockway, 3. Installation of OWNER REQUIREMENTS: in ac Sebted'bids for Peck Res City Clerk of the City of fUrrtished mechanical cordance with the pro- 6t*oir Pumping Station equipment, complete and visions of-California Labor Huntington Beach Renovation CC-696 will be operable,all as shown and Code Sections 1770, 1773, Published Huntington recelved'at the office of the specified 1773.1, 1773.6 and 1773.7 Beach-Fountain Valley In- City Clerk, City of Hunting- SITE OF WORK: The site as amended, the Director dependent September 16, ton Beach, OWNER of the of the WORK is located at of the Department of Indus WORK located at Second l 23,30,1993. Floor; 2000 Main Street, North Springdale Street, trial Relations has de- 093-155 Huntington Beach, Califor- North of of B lea Avenue and t ailing d the general pre- nia 92648 until 2:00 PM,on South ai the U.S. Govern- va gee rate of per diem October 12,1.993. meet Railroad,in the City of wages in accordance with BACKGROUND:, Thia Huntington Beach, Califor- the standards set forth in combined construction'nia. Section which t for the local combined for Peck Reservoir COMPLETION OF WORK- by in which the WORK is to and Pumping Station Reno- the WORK must be s coin- be performed. A copy of vation is a Rebid, in April Plve d witdays a r t e com- said wage rates is on file at and June 1993 respec- �� days after the coin- the office of the OWNER.It tiyely,the"Rehabilitation of mencement date stated In shall be mandatory upon Peck Reservoir" and the the Notice to Proceed.The the CONTRACTOR to date currently scheduled whom the WORK is Peck Reservoir Pumping Station Renovation were for Notice to Proceed is awarded and upon any November 22 1993 sub- subcontractor under the bid as separate contracts. Ject to conformation' by CONTRACTOR to pay not For a number of reasons, OWNER. less than said specified all_bids were rejected by OPENING OF BIDS:'The rates to all workmen em- the OWNER and a com- Bids will be publicly ployed by them in the ex- bined rebid was scheduled. opened and read at 2:00 eection of the WORK. The WORK will be PM on October 12,1993,in RETAINAGE FROM PAY-' awarded to a single bidder the Council Chambers, un- M E N T S: The CON- as a single Contract Slight less otherwise posted. TRACTORS may elect to modifications were made to OBTAINING CONTRACT receive 100 percent of pay- the previous contract docw DOCUMENTS: The Con- ments due under the Con-' ments to accommodate a tract Documents are en- tract Documents from time single contract. The sec- titled "Peck Reservoir and to time,without retention of tions entitled Bidding Re- Pumping Station Renova- any portion of the payment quirements, Contract P Forms, Conditions of the lion. by the OWNER, a deposit- Contract and Division 1 - The Contract Documents ing securities of equivalent General Requirements, may be obtained at the of- value with the,OWNER In - were combined as the dji- fibs of tfrk Director of Pub- accordance with the 0 of ferences were contra lib Works,Huntington Mahn visions Public Section 22300 e. specific such as the Bid Street, Huntington Beach, the Public Contract Code. Schedules and-Summary of California 92&t8 upon pay- Such securities, if der Work. Beginning with Div!- re e n t of $10 0 (non- fled by the CONTRACTOROR, sion 2,the Technical Speci- refundable) f picked up,or shall R, valued a the fications are separate for payment of $120 ,non- OWNER, whose decision the reservoir and the refundable) if mailed,,for on valuation of the Securi- pumping elation.The Tech- each set of Contract Docu- ties shall be final. Securi- nlcal Specrfications specific ments, (including technical ties eligible for Investment ni the reservoir are printed specifications and ao- under this provision shall on pink pa companying reduced scale be limited to those listed in DESCRIPTION OF WORK: drawings).The scale of the Section 16430 of the Gov- The WORK includes: reduced drawings is about ernment Code, bank or one-half of the original sayings and loan certifi- Reservoirbilitation of an ex- scale.If full scale drawings bates of deposit, Interest- is. Rehabilitation are desired they may be bearing demand deposit palmy MG nominal ex-partially buried water purchased at $50 (non- accounts,standby letters of pacityshortage reservoir, incite- refundable),if picked up or credit,or any other security $60 (non-refundable) if mutually agreed to by the ing overlaying the existing mailed,for each set. CONTRACTOR and the butyl lined asphaltic car BiD SECURITY: Each Bid OWNER. butte floor and slope with new reinforced concrete shall be accompanied by a PRE-BID VISIT TO WORK slabs, replacing the ex- te certified or cashier's check SITE: Prospective bidders fisting corrugated metal roof or Bid Bond In the amount are encouraged to attend a with new aluminum roof of 10 percent of the Total pre-bid walk through of the and new bracings; install- Bid price payable to the proposed work site which in h ion liner on City of Huntington Beach will be conducted Jointly by g new yPa as a guarantee that the the OWNER and ENGI- walls,recoatmg the existing Bidder, If its Bid is ao- NEER AT 2:00 PM on So steel columns, installing cepted,`will promptly ex- tember 29, 1993. The ob- new vents and access hatches, installing new aid- scale the Agreement.A bid t of the'walk through is shall not be considered art- to - to acquaint bidders with Ing and screens and ap- + purtenant work, as shown less one of the forms of the site conditions.AMI and specified,_ Bidder's security is en- PROJECT DMINISTRA- Pumping Station: closed with it. TION: All communications 1. Demolition of the ex- BIDS TO REMAIN OPEN: relative to this WORK shall, i 1.ng block wall, pumping The Bidder shall guarantee be directed to the ENGI-I of the Total Bid Price for a pe- NEER prior to.opening of station building, removal existing engines and of riod of 45 calendar days Bid. purtenances; all as shown irorn the date of bid open Deborah Debow, As- and specified. lnCONTF ACtOR'S Lb soeiate Civil Engineer 2.Construction of the new FAX:(714)847.1067 CENSE CLASSIFICATION: pumping station including Telephone: (714) In accordance with the pro- a new,building and acces 536.5528 sories, LPG storage tanks, Conti of California Public RE- piping system and acces- Contract Code Section OWNER'S RIGHTS re- sories, block wall, a re- 3300, the OWNER has de- SERVED: The OWNER re- termined that the CON- serves the right to reject stroom, engine exhaustI TRACTOR shall,possess a a or all bids, to waive pipes, -Yard piping, yard valid Class A" General any paving, mill piping, valves, Engineering Contractor li- any informality in a bid,. grating, instrumentation, and'to make awards to the electrical equipment, light- cerise at the time that the C � r ' 96 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) Ss. County. of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of RECEIVEO the HUNTINGTON BEACH INDEPENDENT, a CITY CLERK newspaper of general circulation printed CITY OF g , p HUNTING and published in the City of Huntington Beach, County of Orange, State of OCT `93 California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said , newspaper to wit the issue(s) of: V ry -<ry TJ 7k: September 16, 23, 30, 1993 L , I declare, under penalty of perjury, that the foregoing is true and correct. asb1i 00 130 Executed on September 30 , 199 3 .Jt_t��j'►'31i° °�UONIINnH jC Alt;? at Costa Mesa, California. 14EB13 Alt) 03AI333H Ak1 '1—t_e—_------e Signature v o. 7S REQUEST FOR CITY COUNCIL ACTION Date March 15, 1993 Submittod to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator 4 3. 4 GZZ GG Prepared by: Louis F. Sandoval, Director of Public Works 4�0 1`9 'S Y � g Subject: PECK RESERVOIR RENOVATION; CC-696 �1,tj otiti Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:Qoed STATEMENT OF ISSUE: Plans and Specifications have been completed for the renovation of the City's Peck Reservoir water storage facility. City Council authorization is now necessary to solicit bids. RECOMMENDED ACTION: 1. Approve the plans and specifications and authorize the Director of Public Works to solicit bids for the project. 2. Approve the attached sample contract subject to award of contract by Council to the lowest responsible bidder. ANALYSIS: On February 6, 1989, Council approved the selection of James M. Montgomery Consulting Engineers (JMM)to perform a seismic analysis and to provide preliminary design services necessary for renovating the Peck Reservoir water storage facility. This renovation includes the following: o Replacing deteriorated roof panels, decayed structural members, and supporting roof hardware. o Replacing the reservoir lining to reduce leakage. o Adding safety ladders and required accessways. o Replacing one pump and adding one new pump. o Reinforcing the reservoir structure and rebuilding pump station building to meet the requirements of the seismic regulations of the Uniform Building Code. o Adding a liquefied petroleum gas fuel system for secondary power. On June 26, 1989, Council approved planned Amendment No. 1 to the contract. This authorized JMM to V / Page two PECK RESERVOIR RENOVATION; CC-696 March 15, 1993 prepare the construction contract drawings and specifications for the renovation, using the design criteria established during the preliminary design phase. On September 17, 1990,Council authorized Amendment No.2 to Consultant Contractwith JMM to provide pump station mechanical modification design services and to delete the construction support services from Amendment No. 1. JMM has now completed the Plans and Specifications for the renovations and pump station mechanical modifications. The project is now ready to call for bids. The City Council is requested to approve the plans and specifications, authorize the Director of Public Works to solicit bids, and approve the attached sample contract to award of contract by Council to the lowest responsible bidder. FUNDING SOURCE: The project is estimated to cost$3,000,000. Funds are budgeted for this project in Water Division Capital Improvement Account E-EW-PW-849-6-39-00. ALTERNATIVE ACTION: 1. Deny request and direct staff on how to proceed. This option would delay the project. 2. Deny request and stop all work currently in progress. This option would delay the project indefinitely, and may jeopardize the surrounding area and our water supply system should a seismic event of sufficient magnitude occur. ATTACHMENT: 1. Location Map. 2. Sample Construction Contract. PROJECT LOCATION PECK RESERVOIR WATER STORAGE FACILITY CC-696 00 Dom AV r- W FN AVE l I EDW AVE ��r------ 3 ----- AVE j WAMER AM SLATER AYE 405 TAMM AVE A � EWS I AVE m AVE YORKT WN AVE W. ADAMS AVE 'e 7� ATLAM k y AM 0 1/2 11a HAMLTONI AVE BANNMc A LOCATION MAP C J CITY OF HUNTINGTON BEACH ORANGE COUNTY CAUFORNIA r e CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PRO CONTRACTING CORPORATION FOR PECK RESERVOIR RENOVATION (CC 696) PHASE II BOOSTER PUMP STATION. THIS AGREEMENT, made and entered into this /S day of , I/ (PV47L4 , 19_2_�_, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and PRO CONTRACTING CORPORATION , 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 Peck Reservoir and Pumping Station Renovation (CC 969) 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 furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner 1 6/agree/pro/10/18/93 shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 2 6/agree/pro/10/18/93 E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Two Million Seven Hundred Ninety Three, Twenty Seven Dollars ($2,793,027), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within two hundred forty (240) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 3 6/agree/pro/10/18/93 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 4 6/agree/pro/10/18/93 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS- CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation 5 6/agree/pro/10/18/93 and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250 ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for 6 6/agree/pro/10/18/93 materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 7 6/agree/pro/1 0/18/93 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be 8 6/agree/pro/10/18/93 made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including 9 6/agree/pro/10/18/93 those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the CITY, and its 10 6/agree/pro/10/18/93 officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 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 coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 11 6/agree/pro/10/18/93 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 12 6/agree/pro/10/18/93 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for 13 6/agree/pro/10/18/93 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ENTIRETY The foregoing, and Exhibit"A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. PRO CONTRACTING CORPORATION, a Caffor 'a corporation, CITY OF HUNTINGTON BEACH, A By: municipal corporation of the State of print name California ITS: (circle one)Chairman/ residen ice President • Mayor By: A-yTo•u ,r -SrO'T7— e APPROVED AS TO FOR ITS: (circle one Secreta /Chief Financial Officer/Asst. Secre ary- reasurer (;;r4 /o 27-y�City Attor y -Po— ATTEST: IN IATED N A �O;D: City Clerk 47 Director of ublic Works REVIEWED AND APPROVED: City Administrator 14 6/agree/pro/10/18/93 fi CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY November 8, 1993 CITY CLERK Pro Contracting Corporation 12701-B Magnolia Avenue Riverside, CA 92503 RE: Construction of Peck Reservoir Renovation - Phase II Booster Pump Station PROJECT CC-696 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration of Satisfaction of Claims and the Certificate of Compliance 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 Don Noble, Contracts Administrator, 536-5441 . Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance 1 Telephone:714536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET P.O. BOX 190 CALIFORNIA 92648 Louis F. Sandoval Public Works Department Director (714) 536-5431 LETTER OF TRANSMITTAL DATE: PROJECT: 2 Attention: We are sending: [ ) Herewith [ ] Under Separate Cover [ ] Faxed [ ] Per Your Request [ ] Correspondence [ ] Mailed [ ] Street Improvement Plans [ ] Estimates [ ] Parcel Map [ ] Requested By [ ] Record Map [ ] Legal Descriptions [ ] Contract Documents [ ] Grading Plan Other ��' Fr��con in.� �ios F Tiy� S��T-e-cT Z,2a Ct-. For: /�G`nCOI & �2a CoivT�+9cTiiv¢, [ ] Corrections >4d"Your File [ ] Approval [ ] Your Use [ ] Distribution [ ] Your Information [ ] Other Remarks: By: a/ r . .....................:•:::•::::.:::.::::.:::::::::::::::::::::: ::F: _....... _................. ..................................................... ... .. .............::•::•::................................................. „ ............................................................................................... <:F:•i:C.........:......4i:•}:•:i8:;{4:C:•}3:}i:}ii:%:::.. :. •:. ::..:„ ..... ...g:( ::. ;:• ::.. i:hi'r7:?: i:•ii:::?:a:iii:•iii:7:i:•i:::?i: ISSUE DATE MM/DD/YY 11 03 93 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, Bowermaster B Assoc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 10631 Paramount Blvd. COMPANIES AFFORDING COVERAGE Downey, Ca 90241 COMPANY A CNA Insurance Co. LETTER CODE SUB-CODE COMPANY B CNA Insurance Co. LETTER INSURED COMPANY C LETTER ProContracting Inc. COMPANY D Fremont Indemnity Co. 12701-A Magnolia LETTER Riverside CA 92503 COMPANY LETTER E OYER ....A. ........................................ ....... ........ ... 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. CO POLICY EFFECTIVE POLICY EXPIRATION LT TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) ALL LIMITS IN THOUSANDS A GENERAL LIABILITY Al 10473215 10/01/93 10/01/94 GENERAL AGGREGATE 2000 X COMMERCIAL GENERAL LIABILITYF7-- 1000 CLAIMS MADE�X OCCUR. RHMaWMERTISING1000 INJURY X OWNER'S 6 CONTRACTOR'S PROT EACH OCCURRENCE 1000 FIRE DAMAGE 50 (ANY NE FRRQ I B AUTOMOBILE LIABILITY Al 10473229 10/01/93 10/01/94 COMBINED SINGLE 1000 X ANY AUTO LIMIT ALL OWNED AUTOS BODILY SCHEDULED AUTOS INJURY (PR.PER.) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (PR.ACC.) GARAGE LIABILITY PROPERTY DAMAGE .................... EXCESS LIABILITY EACH AGGREGATE < OCCURRENC OTHER THAN UMBR.FORM D WP9356667501 8/20/93 8/20/94 STATUTORY WORKERS' COMPENSATION 1000 (EACH ACCIDENT) AND EMPLOYERS' LIABILITY 1000 (DISEASE-POL.LIM.) iqa1vw cf SLIxtogatim app]I es 1000 (DISEASE-EA.EMPL.) OTHER .APPR,pVED AS TO FOR:d,i GAIL 'HUTTON DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CI^ AT- `i CERTIFICATE HOLDER, ITS OFFICERS 8 EMPLOYEES ARE NAMED AS ADDITIONAL By: INSURED BUT ONLY AS THEIR INTEREST MAY APPEAR IN: CONTRACT ()MW-030193 r� {�r 126.0121-PECK RESERVOIR AND PUMPING STATION RENOVATION r '� City �torneg C FI0A : OLDEN:*.... .. :=..................................................... . .: : ::: : ;::;;::::::::: :::: ERTt... £.#�. 0 .CAI ELa A?I.O. :<: :?<s::: ii>i »:>: :;:>r ::;; s: s: :::<:«>::: :.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILLX=01D6VO6Q0 CITY OF HUNTINGTON BEACH MAIL* 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 2000 MAIN STREET LEFT, HUNTINGTON BEACH, CA 92648 �PT"RIZftp REPRESENTATIVE li :;<;: ii : :;.. ..:;;::;:;;::.r:: ......................:: : isi': :<; :;? ;':::: ...... 8 ............................................................................................3..... .'insured: PRO CONTRACT]-, INC. POLICY NUMBER: Al 104732t. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF HUNTINGTON BEACH ITS OFFICERS & EMPLOYEES 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (If no entry appears above.information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule. but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 1185 Copyright. Insurance Services Office, Inc.. 1984 = SECTION 00300 - BID FORMS BID BID TO: The City of Huntington Beach 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the OWNER in the form included in the Contract Documents to perform the WORK as specified or indicated in said Contract Documents entitled "Peck Reservoir and Pumping Station Renovation." 2. Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and Instructions to Bidders, dealing with —w, the disposition of the Bid Security. 3. This Bid will remain open for the period stated in the "Notice Inviting Bids" unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders", and will furnish the insurance certificates, Payment Bond, and Performance Bond required by the Contract Documents. 4. Bidder has examined copies of all the Contract Documents including the following — addenda (receipt of all of which is hereby acknowledged): Number Addendum No. 1 Date (Bound into Contract Documents) Failure to acknowledge addenda shall render the bid non-responsive and shall be cause r for its rejection. 5. Bidder has familiarized itself with the nature and extent of the Contract Documents, WORK, site, locality where the WORK is to be performed, the legal requirements (federal, state and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress or performance of the WORK and has made such independent investigations as Bidder deems necessary. To all the foregoing, and including all Bid Forms contained in this Bid, said Bidder further agrees to complete the WORK required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Total Bid Price(s) named in the aforementioned Bid Forms. Dated: Bidder: 14�e au �r X By: Ican (Sig ture)J©N,14 Title: lu �ZES'io��r/l MW-030193 BID FORMS 126.0121-PECK RESERVOIR AND PUMPING STATION RENOVATION PAGE 00300-1 t f CERTIFICATE (if Corporation) STATE OF ) SS: COUNTY OF ) " a HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of � Gi,cy,�/i.9 , held on /J17nB6;ve 19_Z-g�_, the following resolution was duly passed and adopted: , "RESOLVED, that / lyh� - , as President of the Corporation, be and is hereby authorized to execute the Bid dated /1 _ 19_&, to the [ ] and this corporation and that his execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this I, day of An►r101�1 e 1 ecretary AWrv,J A,c/sr�7r' (SEAL) MW-030193 BID FORMS 126.0121-PECK RESERVOIR AND PUMPING STATION RENOVATION PAGE 00300-2 CERTIFICATE (if Partnership) STATE OF ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the a partnership existing under th,e laws of the State of , held on 19 , the following resolution was duly passed and adopted: "RESOLVED, that , as of the Partnership, - be and is hereby authorized to execute the Bid dated , 19 , to the [ and this partnership and that his execution thereof, attested by the shall be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 19 Partner (SEAL) MW-030193 BID FORMS 126.0121-PECK RESERVOIR AND PUMPING STATION RENOVATION PAGE 00300-3 CERTIFICATE (if Joint Venture) STATE OF ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Principals of the a joint venture existing under the laws of the State of , held on 19 , the following resolution was duly passed and adopted: "RESOLVED, that , as of the Joint Venture, be and is hereby authorized to execute the Bid dated , 19 , to the [ ] and this joint venture and that his execution thereof, attested by the shall be the official act and deed of this Joint Venture." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of _ - 19 Managing Partner (SEAL) 1 1 MW-030193 BID FORMS 126.0121-PECK RESERVOIR AND PUMPING STATION RENOVATION PAGE 00300-4 - BID SCHEDULE - LUMP SUM Schedule of prices for construction of Peck Reservoir and Pumping Station Renovation in accordance with the Contract Documents. Item Description 1. Pumping station renovation including demolition of the existing block wall, pumping station building, removal of existing engines and appurtenances; as shown and specified. Construction of the new pumping station including a new building and accessories, LPG storage tanks, piping system and accessories, block wall, a restroom, engine exhaust pipes, yard piping, yard paving, mill piping, valves, grating, instrumentation, electrical equipment,lighting,controls,fans/ventilators,conduits,protective coatings, and appurtenances, complete and operable, all as shown and specified. Reinstallation of Engine Nos. 1 and 3 and their accessories as shown and - specified. Installation of OWNER furnished mechanical equipment, complete and operable, all as shown and specified. For the lump sum of $ 9�53,e 3OZ (Price in Figures) 2. Rehabilitation of the Peck Reservoir, including overlaying the existing butyl lined asphaltic concrete floor and slope with new reinforced concrete slabs, replacing the existing corrugated metal roof with new aluminum roof and _ new bracings, installing new hypalon liner on walls, recoating the existing steel columns, installing new vents and access hatches, installing new siding and screens, and appurtenant work, complete, all as shown and specified. For the lump sum of $ 7, 0 D C� � (Price in Figures) 3. Sheeting, shoring, and bracing or equivalent method conforming to applicable safety orders. e 5,75.. o0 4. Insureince premium f& Acts of God Vv For the lump sum of $ , S Z-5 (Price in Figures) 5. Replace 15 percent of the total existing timber in the reservoir roof framing, as specified and shown complete. (The 15 percent quantities are 3,375 linear feet of 2 x 12, 750 linear feet of 5'/4 x 21 GLB, and 300 linear feet of 4 x 14.) For the lump sum of $ 0 7 Z (Price in Figures) MW-030193 BID FORMS 126.0121-PECK RESERVOIR AND PUMPING STATION RENOVATION PAGE 00300-5 s BID SCHEDULE - LUMP SUM (Continued) Schedule of prices for construction of Peck Reservoir and Pumping Station Renovation in accordance with the Contract Documents. Item Description It is understood that the following unit price items are intended to serve as the cost basis for adjustments to the quantities in Item No. 5. If the _ ENGINEER determines that quantity adjustments are necessary, the CONTRACTOR will be compensated at these rates: Unit _ Description Unit Price u? 6. Replace existing 2 x 12 Linear Feet vn 7. Replace existing 5'/4 x 21 GLB Linear Feet 3 3• — s� 8. Replace existing 4 x 14 Linear Feet 2 g 9. Remove and replace existing AC pavement with 3 inches new AC over -. 6 inches of aggregate base. (Refer to EXHIBIT A in Addendum No.1). For the lump sum of $ (Price in Figures) TOTAL BID PRICE FOR SCHEDULE du For the lump sum of $ �� 7 93de 606 (Price in Figures) �O /nf/Ita•u SGVZVu JY4'^r~A0 ,6iv,0 77VA6X- Ti 4o;, A Do/1.64�r, (Price in Words) fC21 �q b27 &Z- MW-030193 — BID FORMS 126.0121-PECK RESERVOIR AND PUMPING STATION RENOVATION -PAGE 00300-6 — LIST OF SUBCONTRACTORS Section 4101 of the Public Contract Code requires the Bidder to list below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid. The Bidder shall also list below the portion of the WORK which will be done by each subcontractor under this Contract. The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in its bid. The Bidder's attention is directed to the provisions of Paragraph entitled "Subcontract Limitations," of the Supplementary General Conditions which stipulates the percent of the WORK to be performed with the Bidder's own forces. Failure to comply with this requirement will render the Bid non- responsive and may cause its rejection. Subcontr. Percent License of Total Work to be Performed Number Bid Subcontractor's Name & Address 1. �f/P - 0/s8A tlAA100114 , I1.13. CA 9Z6 Y 6 e_r �64'f5ry 3 9'b 330 TRGS Pr_as RT'D c^ 9soZ3 l � 2. �t,.� .336Ao (3C5T G.�c3sTa� A.gvia.9 N/86 CO. VA114>. QrvO (�Arw�r cA 9/089 3. MO-91 q,�_ SS 138S z °lc StOva AYWA ist45&,-AY BRAWA CA. 9.Z62 �-� g fie. Zy8yy9 3 % Mce�ac Ccwsr, c01Y(po,...Ac►z�3.s n AA)a4.ttMu A?ovOtA:4 4. 5!44 -w,� .27973o 2 I#7 1/O INN i�/� 17U0/V �'UnlP�y`J cvrar-.z',�o�rr� ems' 5. er��-�• � �� �S`1�.l8 3 �� R�atic 6N9FNerCea.g AVo, SAN'C.t Fv .TAAiss' K,"rc PA.,,ft'I.K, ,► twt rl.•� I?y6 9 S4-Jt-w 205A/1-1cr .tower A�WS CA ?%F-7 o - Note: Attach additional sheets if required. MW-030193 BID FORMS 126.0121-PECK RESERVOIR AND PUMPING STATION RENOVATION PAGE 00300-7 f LIST OF NAMED EQUIPMENT/MATERIAL SUPPLIERS The Bidder shall indicate below which Supplier the Bidder intends to use to furnish under the Bid, each item of equipment or material listed on this form by writing in one of the named suppliers specified in the Technical Specifications for that equipment or material (proposed substitutes may be listed on the Proposed Substitute Equipment/Material Supplier List form but will only be considered after award of the Contract). If no supplier is named in the Technical Specifications, the Bidder may list any supplier whose product meets all of the requirements and technical criteria specified. The listing of more than one supplier for each equipment/material to be furnished with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid non-responsive and may cause its rejection. Specification Named Supplier Section Equipment/Material (List Only One) _ 02776 Hypalon:Liner RTfJ cti�cK-narscs 05532 Roof Ridge Vents 05532 Aluminum Roofing i4w���s Sor �so.� 13207 LPG Storage Tank and Piping P1&GFD8F-/c-. cv4fs7Awr,-No.-v System — 15105 Check Valves A Pc O 15109 Gate Valves ASK 15110 Plug Valves Dc'2u & K 14611 Jib Crane 4MCM ICA-J /f1Qyo�l/�rr 14630 Bridge Crane AAA-CIAIcw--J MO�,-xwAA,L i MW-030193 BID FORMS 126.0121-PECK RESERVOIR AND PUMPING STATION RENOVATION PAGE 00300-8 —w LIST OF PROPOSED SUBSTITUTE EQUIPMENT/MATERIAL SUPPLIERS The Bidder proposes the following suppliers of substitute or"or equal" products identified below: Specification Substitute Supplier Section Equipment/Material (List Only One) Note: Substitute suppliers will only be considered after award of the Contract. The procedure for the submittal of substitute or "or equal" products is specified in the General Requirements. MW-030193 BID FORMS 126.0121-PECK RESERVOIR AND PUMPING STATION RENOVATION PAGE 00300-9 1IDDER'S GENERAL INFORMATIQ'� The Bidder shall furnish the following information. Additional sheets shall be attached as - required. Failure to complete Item Nos. 1, 3, and 6, will cause the bid to be non-responsive and may cause its rejection. In any event, no award will be made until all of the Bidder's General Information is delivered to the OWNER. —�- (1) CONTRACTOR's name and address: (2) CONTRACTOR's telephone number: (3) CONTRACTOR's license: Primary classification A State License No. and Expiration Date 9:5' Specialty classifications held, if any: Name of Licensee, if different from (1) above: , (4) Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: .f/ ,S,zi1�t/,D fFe1,1,0 ST6 771.E ew 9ia�3 (5) ATTACH.TO THIS BID a financial statement, references, and other information, sufficiently comprehensive to permit an appraisal of CONTRACTOR's current financial condition r / l�hc- Grin✓C i i1 f % , i/ .)J MW-030193 A / BID FORMS 126.0121-PECK RESERVOIR AND PUMPING STATION RENOVATION PAGE 00300-10 ATTACH TO TNt--BfD a list of 3 projects completed by Contractor during the — last 5 years involving work of similar type and complexity. The list shall include the following information as a minimum: o Names, address, and telephone number of owner. o Name of project. o Location of project. o Brief description of the work involved. o Contract amount. o Date of completion of contract. o Name, address, and telephone number of architect or engineer. o Name of owner's project engineer. To be considered for award, the CONTRACTOR shall have completed at least three projects of similar type and complexity and comparable value. (7) Complete and sign the "Noncollusion Affidavit" included in these Bid Forms as required by California Public Contract Code Section 7106. `- (8) Complete the "Disqualification Questionnaire" included in these Bid Forms in accordance with Government Code Section 14310.5. r' (9) Complete and sign the "Compensation Insurance Certificate" included in these Bid Forms pursuant to Section 1861 of the State Labor Code. j�G�c SLcG �Q7T�C�� �/j�O Jai/•D .,fDB LLST MW-030193 BID FORMS 126.0121-PECK RESERVOIR AND PUMPING STATION RENOVATION PAGE 00300-11 ASQUALIFICATION QUESTIONNAh__ 4 . 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. i NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. MW-030193 BID FORMS 126.0121-PECK RESERVOIR AND PUMPING STATION RENOVATION PAGE 00300-12 12701 B. Magnolia • Riverside, California 92503 • (909) 278-2099 FAX(909) 278-1198 (estimating) PRO CONTRACTING CORP. LICENSE NO.552545 October 12, 1993 TO WHOM IT MAY CONCERN: PRO Contracting Corp. is a newly-formed firm owned and managed by John Walsh, former Vice President and Superintendent for JW Contracting Corporation. All key personnel, insurance and bonding are the same as those for JW Contracting Corporation. Since PRO Contracting Corp. has no history in terms of completed projects, etc., we are enclosing corresponding data for JW Contracting Corporation to be used in your review of PRO Contracting Corporation's Proposal. Each of the jobs listed were overseen and supervised by John Walsh. Additional information will be provided upon request. JW CONTRACTING CORPORATION/WALSH ENGINEERING COMPANY PROJECTS COMPLETED: 1988-PRESENT PAGE 1 REVISED JULY 14, 1993 PROJECT/DESCRIPTION AMOUNT OWNER/CONTRACTOR CONTACT PHONE 1988-1990 NUMEROUS MISCELLANEOUS CONTRACTS WATER, SEWER,STORM DRAIN&FIRE PROTECTION INDUSTRY COURT 1&2,CHINO $576,516.00 MILESTONE BUILDERS,INC. EARL EDDY (909)634-1515 KDG,CHINO $77,863.69 1988-1990 WATER.SEWER,STORM DRAIN&FIRE PROTECTION LINCOLN REGIO,BUENA PARK $69,115.00 HEDLEY BUILDERS,INC. DICK HEDLEY (714)851-2211 ANAHEIM IND.CTR.,ANAHEIM $109,475.00 SIERRA GATEWAY,FONTANA $72,916.00 LINCOLN IND.CTR,RIVERSIDE $69,104.00 CROWN BUSINESS PARK,MONTCLAIR $54.158.00 MC GAW BUSINESS CENTER, IRVINE $163,755.00 PHILADELPHIA BUSINESS,ONTARIO $19,310.00 1989-1990 COSTOO WAREHOUSE,LAGUNA NIGUEL $608,066.00 NEWPORT CONSTRUCTION DON BURKE (909)380-1044 WATER,SEWER,STORM DRAIN&FIRE PROTECTION ASSOCIATION 1989-1990 TOYOTA, IRVINE $123,494.00 HOWARD S.WRIGHT HOWARD HOWE (213)595-5995 WATER,SEWER,STORM DRAIN&FIRE PROTECTION 1989-1990 ANAHEIM PHASE II,ANAHEIM $95,805.00 MC KELLAR OF LA JOLLA DAN CHANDLER (619)587-1355 STORM DRAIN& FIRE PROTECTION 1989 COAST COMMUNITY DISTRICT,COSTA MESA $177,100.00 COAST COMMUNITY DISTRICT FRANK SPEARS (714)432-5707 (ORANGE COAST COLLEGE)SEWER CONSTRUCTION 1989-1990 WATER,SEWER,STORM DRAIN&FIRE PROTECTION OFFICE TOWER,RANCHO CALIFORNIA $161,011.00 B.C.I.GENERAL CONTRACTORS BOB BLASKA (909)676-5750 HOTEL, FW,ICHO CALIFORNIA $141,130.00 PALM PLAZA,RANCHO CALIFORNIA $1,143,000.00 1990-1991 JURUPA COUNTRY VILLAGE BOOSTER STATION $614,738.00 JURUPA COMMUNITY SERVICES JOHN SHOTZ (909)685-7434 COUNTRY VILLAGE ROAD,RIVERSIDE,CA WEBB ASSOCIATES DAVE ALGRANTI (909)686-1070 1990 WALNUT CANYON RESERVOIR $560,000.00 CITY OF ANAHEIM DAVE NELSON (714)245-5126 WALNUT CANYON AVENUE,ANAHEIM,CA DMJM AL LARSON (213)381-3663 t' JW CONTRACTING CORPORATION/WALSH ENGINEERING COMPANY PROJECTS COMPLETED: 1988-PRESENT PAGE 2 REVISED JULY 14, 1993 PROJECT/DESCRIPTION AMOUNT OWNER/CONTRACTOR CONTACT PHONE 1991 MARKO FOAM $109,000.00 MISSION EQUITIES JEFF YOUNG (909)643-5888 725 HARRISON AVENUE,CORONA,CA 1990-1991 NICHOLS RESERVOIR, FACILITY NO.3 $1,057,763.00 SANTA MARGARITA WATER BART LANTZ (909)858-0126 ORTEGA HWY.,SAN JUAN CAPISTRANO,CA DISTRICT PAUL KLEIN (909)855-3646 R.B.F.&ASSOCIATES 1990-1991 MUIRLAND SEWER PLANT $1,196,570.00 LOS ALISOS WATER DISTRICT KEN PETERSEN (714)830-0580 22312 MUIRLANDS BLVD, EL TORO,CA BOYLE ENGINEERING MARK FEHSE (714)957-8144 1990-1991 NICHOLS RESERVOIR WWTP $1,033,600.00 SANTA MARGARITA WATER BART LANTZ (909)858-0126 ORTEGA HWY.,SAN JUAN CAPISTRANO,CA DISTRICT R.B.F.&ASSOCIATES PAUL KLEIN (909)855-3646 1991-1992 MID VALLEY WATER RECLAMATION PLANT $2,469,000,00 COACHELLA VALLEY WATER DAVID THORNBERG (619)398-2651 COACHELLA,CA DISTRICT 1991 WOODCREST RANCH F METERING FACILITY $950,000.00 SANTA ANA WATERSHED RICHARD SMITH (909)785-5411 TEMESCAL CANYON,CORONA,CA WEBB ASSOCIATES TERRY WATSON (909)686-1070 1991 MOCKINGBIRD CANYON BOOSTER STATION $198,000.00 WESTERN MUNICIPAL WATER LEISA EASTER (909)780A170 RIVERSIDE,CA DISTRICT (909)688-1070 WEBB&ASSOCIATES BRUCE DAVIS 1991 ARROW WELL GROUND WATER CLEAN-UP $1.195.000.00 MAIN SAN GABRIEL BASIN CARL JOHNSON (818)443-9355 BALDWIN PARK, CA QUALITY AUTHORITY STETSON ENGINEERING CLAUDIO SANCHE7_ (818)967-6202 1990-1991 GARDEN GROVE WELLS 26C&27C $613,323.00 CITY OF GARDEN GROVE BART MEJIA (714)741-5395 TRASK AVENUE,GARDEN GROVE,CA CITY ENGINEERING DEPARTMENT (714)741-5395 1990-1991 ZONE 1860 PUMP STATION $849,000.00 WESTERN MUNICIPAL WATER STEVE APPEL (909)780A170 RIVERSIDE,CA DISTRICT BRUCE DAVIS (909)686-1070 WEBB ASSOCIATES JW CONTRACTING CORPORATION/WALSH ENGINEERING COMPANY PROJECTS COMPLETED: 1988-PRESENT PAGE 3 REVISED JULY 14, 1993 PROJECT/DESCRIPTION AMOUNT OWNERICONTRACTOR CONTACT PHONE 1990-1991 A.W.ASSOCIATES $78,000.00 WOODCREST DEVELOPMENT DON MC DOUGAL (909)351-2455 LAKE POINT,RIVERSIDE,CA 1991 LANDMARK DEVELOPMENT AVENUE 52ND PUMP STATION,COACHELLA,CA $265,000.00 LANDMARK LAND RICHARD DOTTSON (619)564-4500 1991 COACHELLA VALLEY WATER DISTRICT $407,350.00 COACHELLA VALLEY WATER DAVID THORNBERG (619)398-2651 PUMP STATION 8101, PALM DESERT,CA DISTRICT 1991 NYES SEWAGE LIFT STATION $194,517.00 CITY OF LAGUNA BEACH ROSS COX (714)497-3111 NYES PLACE, LAGUNA BEACH, CA N.B.S./LOWRY EMMETT BOGART (714)261-7086 1991 REVISION TO LIFT STATIONS 1 &2 $198,365.00 RAINBOW WATER DISTRICT SAMMY GARCIA (619)728-1178 FALLBROOK,CA N.B.S./LOWRY EMMETT BOGART (714)261-7086 1991 WINDROSE TRACT#21947 $231,200.00 GRIFFIN HOMES BRUCE DAVIS (909)678-4805 COUNTRY AVENUE,WILDOMAR,CA J.F. DAVIDSON JEFF WINNERS (909)683-0209 1991 OLIVE HILLS RESERVOIR MODIFICATION $2,469,000.00 CITY OF ANAHEIM DAVID NELSON (714)254-5126 ANAHEIM,CA 1991 PARKVIEW PUMP STATION EXPANSION $790,000.00 PRESLEY OF SOUTHERN RICHARD SOHN (714)640-6400 ANAHEIM;CA CALIFORNIA 1992 TRICKLING FILTER EXPANSION#1 $589,000.00 CITY OF BANNING DON BUNTS (619)673-9204 BANNING,CA 1992 FLOW CONTROL FACILITY DI 06107 $913,750.00 SANTIAGO WATER DISTRICT BOB OERTEL (714)472-3505 ORANGE, CA 1991 NORMA MARSHALL PUMP STATION $1,266,000.00 RANCHO CALIFORNIA WATER CRAIG MAPES (909)676-4101 TEMECULA,CA DISTRICT 1992 CORONA MILLS PIPELINE $1,776.472.00 CITY OF CORONA FARID NIKNAM (909)736-2439 CORONA,CA JW CONTRACTING CORPORATION/WALSH ENGINEERING COMPANY PROJECTS IN PROGRESS PAGE 1 REVISED JULY 14. 1993 e� PROJECT/DESCRIPTION AMOUNT OWNER/CONTRACTOR CONTACT PHONE COMPLETE 1992 ALAN HORTON WWTP EXPANSION $909,500.00 MISSION SPRINGS WATER CHUCK DODD (619)329-6448 95% DESERT HOT SPRINGS,CA DISTRICT 1992 UPGRADE BASE UTILITIES/COMM. DUCTS $5,349,000.00 DEPARTMENT OF THE ARMY PAUL APODACA (909)655-0522 75% MARCH AIR FORCE BASE,CA CORPS OF ENGINEERS 1992 ZONE III PUMP STATION $643,000.00 LOS ALISOS WATER KEN PETERSON (714)830-0580 75% LAKE FOREST,CA DISTRICT 1993 SAN JOSE CREEK RP CHLORINE&SULFUR $1,239,050.00 L.A.COUNTY SANITATION WADE WEISS (818)962-8605 01/0 DIOXIDE TREATMENT FACILITIES DISTRICT,NO.2 WHITTIER,CA 1993 EMERGENCY POWER PROJECT $419.000.00 LONG BEACH TRANSIT DAVE MC CAULEY (310)685-5630 O% 1993 MICHELSON WRP $1,129.000.00 IRVINE RANCH WATER GILBERT CORREA (714)453-5581 00/0 DISTRICT 1993 NORTH PARK BLVD. $425,785.00 STATE OF CALIFORNIA 0% SUGAR LOAF MOUNTAIN DEPARTMENT OF WATER RESOURCES ✓ COM" 4SATION INSURANCE CERTIFICA' 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 and shall submit same to the AGENCY prior to performing any work on this contract: 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 4 fA7��h:?l i✓-'riKl Title Date: rra-off- MW-030193 BID FORMS 126.0121-PECK RESERVOIR AND PUMPING STATION RENOVATION PAGE 00300-13 J "NONCOLL►. ON AFFIDAVIT TO BE EXECUTED ' BIDDER AND SUBMITTED WITH BID" State of California ) ss. County of L'isi®r- Jdmx/ Gr�iat8� , being first duly sworn, deposes and says that he or she is )5�Z�Sxaz'a7' of Pee C1 /Z5,.�i,,/ the party making the foregoing bid that the bid is not made in the interest of, or on 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 of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of 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, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid." Signed: ��NN Gv,4z5N Title: 4FIV7- Subscribed and sworn to before m^^ethis day of (ly , 19 Notary Public =Cw1N0YW% 10 L) MW-030193 BID FORMS 126.0121-PECK RESERVOIR AND PUMPING STATION RENOVATION PAGE 00300-14 i ^s "SEALED BID" for Peck Reservoir and Pumping Station Renovation in the City of Huntington Beach DO NOT OPEN WITH RBMLAR MAIL CITY CLERK CI,l-y OF HUR\TTINGI'ON BEACH OWNER OF `; WORK LOCATED AT SECOND FLOOR 2000 MAIN STREET fUN`INGToN BEACH, CA 92648 e i , I RECE IVEO i CITY CLERK I (CITY OF HIJNTINGTC;a n=rAC'i, j i_IF. OCT 2 155 i '99 I I have received the bid bonds for CC-696 - Peck-. Reservoir & Pumping s Statior behalf of the Treasurer's Off DATE: October 12, 1993 - 2:00 p.m. ENGINEER'S -ESTIMATE: $4,500;000 PROJECT ENGINEER: Debie DeBoe- CC NCIBER AND JOB TITLE: PECK RESERVOIR AND PUMPING STATION RENOVATION; CC-696 Bidders Name Total Bid Amount 1. A F R Construction 2. Advanco- Construction . - 3. Allied Steel Company 4. Amelco Mechanical S. Amtech Controls 6. Anning-Johnson 7. B F I Waste Systems 8. Barber-Webb Company 9. P R Burk Corporation 10. Cadri Company 11. Caliagua,_ Incorporated 12. Colich and Sons 13. D V Y Construction 14. Domar Electric 15. H L Davidson 16. Fargo Construction 17. Fontana Steel 18. Franklin Reinforcing Steel 19. G S M Sheetmetal 20. Gateway Pacific 21. International Fabricators/Engineers 22. J-W Contracting 23. JIFCO 24. Kiewitt-Pacific 0 t 25. R R Leonard 26. G A MacDonald f 27. MERCO Construction l 28. Mitchell Pacific 29. Murphy 30. C W Neal ` 31. Pascal and Ludwig 32. Pinnacle Concrete 33. Rebar Engineering CC-696 Peck Reservoir Page 2. 34. C IV Roen Construction Q l/ 35. Shultz Electric 36. SOFFA 37. Serrot 38. Southern California Contracting 39. UHLER, Incorporated 40.- Western Supply Company 41. West Electric 42. Western Ganite 43. Western Jalco 44. Wes White (Metalworks ?) 45. Jes B. Worthington 46. C E Wylie Construction 47. Ziebarth and Alper qg., I r tmz Pr ; o BID BOND KNOW ALL MEN BY THESE PRESENTS, That PRO CONTRACTING CORP. as Principal, and RELIANCE INSURANCE COMPANY as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH hereinafter called "OWNER," in the sum of TEN PERCENT OF THE AMOUNT OF ACCOMPANYING BID*** dollars, (not less than 10 percent of the total amount of the Bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, acid assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said OWNER to perform the WORK required under the bidding schedule(s) of the OWNER's Contract Documents entitled CC 696, PHASE II PECK RESERVOIR AND PUMPING STATION RENOVATION >e NOW THEREFORE, if said Principal is awarded a contract by said OWNER and, within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required certificates of insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null an void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said OWNER and OWNER prevails, said Surety shall pay all costs incurred by said OWNER in such suit, including a reasonable attorney's fee to be fixed by the court. !; SIGNED AND SEALED, this 29TH day of SEPTEMBER 19_23— PRO CONT ACTING CORP. (SEAL)RELIANCE INSURANCE COMPA49EAL) (Principal) (Surety) B wirn I By: �fw (Signature) (Signature) JOHN WALSH, PRESIDENT JAY P. FREEMAN ATTORNEY—IN—FACT (SE AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) - END OF BID FORMS - MW-030193 BID FORMS 126.0121-PECK RESERVOIR AND PUMPING STATION RENOVATION PAGE 00300-15 J.1t�1�IVJai 1111w7V JM_�•1 vr. wmraFLr! Y 'EAD OFFICE.P1 ILADELPHIA,PENNSYLVANV POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,That the RELIANCE INSURANCE COMPANY,a corporation duly organized under the laws of the State of Pennsylvania,does hereby make,constitute and appoint JAY P. FREEMAN of POMONA, CALIFORNIA------------ its true and lawful Attorney-in-Fact to make,execute,seal and deliver for and on its behalf,and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP--------- andto bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers,and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became effective September 7.1978,which provisions are now in full force and effect reading as follows: ARTICLE VII—EXECUTION OF.BONDS AND UNDERTAKINGS 1. The Board of Directors,the President the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of Directors shalt have power and authority to(a)appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and (b) to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him. 2. Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute and deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimiie under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the Sth day of June. 1979.at which a quorum was present and said Resolution has not been amended or repealed: -Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF,the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President,and its corporate seal to be hereto affixed.this 4 th day of June 1993 RELIANCE INSURANCE COMPANY j � . 3' „„,,;;.•`" Vice President STATE OF Washington ss COUNTY OF King On this 4th dayof June .19 9 3 Personally appeared Lawrence W. Carlstrom to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Article VII, Section 1, 2, and 3 of the By-Laws of said Company and the Resolu- tion,set forth therein,are still in full force. My Commission Expires. C2. %ill March 5.19 96 Notary Publicina dforStateof Washington Residing at Puyallup 1. Robyn H. Layng Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY, which is still_Ln full force and effect IN WITNESS WHEREOF.I have hereunto set my hand and affixed the seal of said Company this 29TH day of 19 93 Assistant Secreary BCm 143'Ed 6"9 4_•. , ��,; Robyn H. Lay ng own— i E,ID BOND w . KNOW ALL MEN BY THESE PRESENT,:., That Kiewit Pacific Co. _ _ as Principal, and The Aetna Casualty and Surety Com an _i as Surety, are held and firmly bound unto _ City of Huntington Beach, CA hereinafter called "OWNER," In the sum of Ten Percent (10%) of the ,Total Amount Bid dollars, -- (not less :han 10 percent of the total arnount of the Bid) for,the payment of which sum, we,l and truly to be made,we bind ourselve.:;, our heirs, executors, administrators, successors, and assigns, ipintly and severally, firmly by these, presents. WHEREAS, said Principal he.s submitted a Bid to said OWNER to perforin the WORK required under the bidding scheduie(S) of the OWNER's Contract Documents entilliad Peck Reservoir and Pumping Station Renovation (REBID) CC 696 Phase II. NOW THEREFORE, if said Principal is a;va3rded a contract by said OWNER and,within the time and in the manner required In tho "Notice nviting Bids" and the "Instructs ins to Bidders" enters into a written Agreement on thi3 form of agreement bound with said Contract Documents, furnishes the required certificates of insurarce, and furnishes the required Piarformance Bond and Payment Bond, then this obligation shall to null an void, otherwise It shall remain in full force and effect. In the event suit is brought upon tt is bond by said OWNER and OWNER prevails, said Surety shall pay all costs Incurred by said OWNER In such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this _ -12th day of October The Aetna Casualty and Ries wit Pacific Co. (SEAL) Surety Company (SEAL) (Principal) (Surety) Signature) (Signature) Frederick L. arrett, Jr. , Vice President Patricia A. Larson, Attorney-in-Fact (SEAL AND NOTARIAL ACKNOOILEDGEMENT OF SURETY) - END OF BID FORMS - -- MW-030193 BID FORMS 126.0121-PECK RESERVOIR AND PLMIPING STATION RENOVATIOt-�! PAGE 00300-15 Hartford, Connecticut 06156 LIFE&CASUALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(SHN-FACT KNOW ALL MEN BY THESE PRESENTS.THAT THE ATNA CASUALTY AND SURETY COMPANY,a corporation duly organized under the laws of the State of Connecticut.and having its principal office in the City of Hartford.County of Hartford.State of Connecticut,hath made.constituted and appointed.and does by these presents make.constitute and'appoint Robert D. Lembke, P. A. Foss, Philip G. Dehn, Terry K. Bartel or Patricia A. Larson - - of Omaha-, Nebraska its true and lawful Attomey(s)-in-Fact,with full power and authority hereby conferrec to sign. execute and acknowledge,at any place within the United States. or,if the following line be filled in, within me area there desig- nated .the following instrumentis): by his/her sole signature and act.any and all bonds.recognizances.contracts cfindamnfty,and otherwritings obligatory in the nature of a bona. recognizance.or conditional undertaking,and any and all consents incidents thereto and to bind THE*TNA CASUALTY AND SURETY COMPANY,thereby as fully and to the same extent as if the.same were signed by the duly authorized officers of THE ATNACASUALTY ANOSURETY COMPANY,and all the acts of saidAttomey(s)4ri-Fact.pursuantto the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect: VOTED:That each of the following officers:Chairman,Vice Chairman,President,Any Executive Vice President.Any Senior Vice President.Any Vice President,Any Assistant Vice President.Any Secretary,Arty Assistant Secretary,may from time to time appoint Resident Vice Presidents.Resicert Assistant Secretaries.Attorneys-in-Fact.and Agents to act for and on behalf of the Company and may give any such appointee such authority as 'is certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds.recognizances.contracts cf indemnity,and other writings obligatory in the nature of s bond.recognizance.or conditional undertaking,and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him. VOTED:That any bond.recognizance.contract of indemnity,orwriting obligatory in the nstureof a bond.recognizance.or conditional undertaking Shall be valid and binding upon Me Company when(at signed by the Chairman.the Vice Chairman,the President,an Execudve Vice President.a Senior Vice President.a Vice President.an Assistant Vice President or by a Resident Vice President,pursuant to the power prescribed in the certificate of authority of such Resident Vice Prioiderm and duly attested and sealed with the Companry's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary,pursuant to the power prescribad in the certificate of authority of such Resident Assistant Secretary:or f bt duty executed(under seal,if required)by one or more Attorneys-in-Fact pursuant to the power prescribed in his or their certificate or certificates of authority. This Power of Attorney and Cartificate of Authority is signed and sealed bV fataimiie under and by authority of the following Standing Resolution voted by the Board of Directors of THE A7NA CASUALTY AND SURETY COMPANY which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers:Chairman,Vice Chairman,President Any Executive Vice President.Any Senior Vice President.Any Vice President,Any Assistant Vice President,Any Secretary,Any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any cartificete relating thereto appointing Resident Vice Presidants.Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of axecuting and attesting bandstand undertakingsand otherwritings obligatory in the nature thereof,and any such power of attorney orcertificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and cartified by such facsimile signature and facsimile a"shall be valid and binding upon the Company in the future win respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,THE ATNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Senior Vice piMsident and its corporate seal to be hereto affixed this 22nd day of January ,19 93 THE ATM CASUALTY AND ALIRErY COMPANY State of Connecticut ) eph . Kierna ). as.Hartford enior Vice President County of Hartford On this 22nd day of January 1�93 before me personally came JOSEPH P. KIERNAN to me known,who,being by me duty swum,did depose and say:that he/she is Senior Vice President of THE.eTNA CASUALTYAND SURETY COMPANY,the corporation described in and which executed Cie above instrument:that he/she knows the seal of said corporation:thatthe seal affixed to the said instrument is such corporate Seel:and that he/she executed the said instrument on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof. 1.r etA�`'�l �•,,,,.. `� muawn exprIS Mareri 31, Notary?uohe CERTIFICATE Rosalind R. Christie 1,the undersigned. Secretary of THE ATNA CASUALTY AND SURETY COMPANY,a stock corporation of the _ ru State of Connecticut.00 HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force ano Mai not been revoked:and furthermore,that the Standing Resolutions of the Board of Directors,as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford.State of Connet:ticuL Dated this 12 th day of October 93. Lj Jo W. Welch i S•1922•Fl IM19f89 S ary PRINTED raw U S.a uCT-08-1993 09:27 FROM MERCO CONSTRUCTION ENO. 1U 1Y14y5Jb888 r.es BID BOND KNOW ALL MEN BY THESE PRESENTS, That MERCO CONSTRUCTION ENGINEERS, INC. as Principal, and RELIANCE INSURANCE COMPANY as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH hereinafter called "OWNER,` in the SUM Of TEN PERCENT OF THE TOTAL AMOUNT. OF THE BID (10%) dollars, (not less than 10 percent of the total amount of the Bid) w e bind ourselves our heirs executors for the amen of which sum well and truly to be made w , pa yment t Y � , administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said OWNER to perform the WORK required under the bidding schedule(s) of the OWNER's Contract Documents entitled PECK RESERVOIR AND PUMPING STATION RENOVATION PROJECT NO. CC696 NOW THEREFORE, if said Principal is awarded a contract by said OWNER and, within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required certificates of insurance,and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null an void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said OWNER and OWNER prevails, said Surety shall pay all costs incurred by said OWNER in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this 8th day of October 19 93 MERCO CONSTRUCTION ENGINEERS, INC. (SEAL)RELIANCE INSURANCE COMPAIfSEAL) (Principal) (Surety) By: 0. By: (Signat r ) (Signature) Jeri Sumner, Attorney-in-Fact (SEAL AND NOTARIA ACKNOWLEDGEMENT OF SURETY) l - END OF BID FORMS - f MW-030193 BID FORMS 126.0121-PECK RESERVOIR AND PUMPING STATION RENOVATION PAGE 00300-15 j-�.-L�.��l.E''1..1 V ti� 11�(�.7 V i.�..C11�v•", v v�....�� .�a i� y 'a n HEAD OFFICE,PHILADELPHIA.PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That the RELIANCE INSURANCE COMPANY,a corporation duly organized under the laws of the State of Pennsylvania,does hereby r9gke,constitute and appoint JERI SUMNER of PASADENA, CALIFORNIA-------- Itstrue and lawful Attorney-in-Fact to make,execute,seal and deliver for and on its behalf,and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP---------- andto bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers,and hereby ratifies and confirms all that its said Attorney(s)-in-Fad may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became effective September 7,1978,which provisions are now in full force and effect reading as follows: ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors,the President the Chairman of the Board,any Senior Vice President any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and (b) to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him. 2. Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute and deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal Is not necessary for the validity of any bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory In the nature thereof. 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of Indem- nify or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This power of attorney, la signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the Sth day of June, 1979,at which a quorum was present and said Resolution has not been amended or repealed: "Resolved,that the signatures of such directors and officers and the seat of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed,this 6 day of October 19 92 RELIANCE INSURANCE COMPANY Aerident STATE OF Washington COUNTY OF King } S.S. On this 6 day of October '19 9 2personally appeared Lawrence W. Carlstrom to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto,and that Article VII,Section 1,2, and 3 of the By-Laws of said Company and the Resolu- tion,set forth therein,are still in full force. -91 - My Commission Expires: - Pir<11C March 5 .199 6 Notary Public in and or state of Washington Residing at Puyallup I. Marjorie S . Hansen Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above and oreg ng is a true and correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY. which is still in full force and effect IN WITNESS WHEREOF,1 have hereunto set my hand and affixed the seal of said Company this 8th day of October 19 93 Assistant Sec r BOA-1431 Ed.6/79 ;*� i ar i e S . Hansen BID BOND KNOW ALL MEN BY THESE PRESENTS, That PASCAL & LUDWIG ENGINEERS as Principal, and SAFECO INSURANCE COMPANY OF AMERICA 1 as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH ' hereinafter called "OWNER," in the sum of L TEN PERCENT OF THE TOTAL AMOUNT BID dollars, - (not less than 10 percent of the total amount of the Bid) for the payment of which sum, well and truly to be made, we bind ourselves,our heirs, executors, administrators, successors, arid ass;gns, jointly and severally, firmly by these presents r >t WHEREAS, said Principal has submitted a Bid to said OWNER to perform the WORK required under the bidding schedule(s) of the OWNER's Contract Documents entitled PECK RESERVOIR & PUMPING STA RENOVATION - r^ rfy r ' Y-bYf ����! f • - r NOW THEREFORE, if said Principal is awarded a contract by said OWNER and, within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the form of agreement bound with said;Contract Documents, furnishes the required certificates of insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null an void, otherwise it shall remain in full force and effect In the event suit is brought upon this bond by said OWNER and OWNER pre ails, said ` Surety shall pay all costs incurred by said OWNER in such suit, including a reasonable attorney's t'` - fee to be fixed by the court Y r' +tJr�7 SIGNED AND SEALED, this 7TH day of OCToB R 19_3 3— PASCAL & LUDWIG ENGINEERS (SEAL)�AFECO INSURAN ,E Co (SEAL) (Principal) - (Surety) OF-AMERICA 9 gyBy ti rn t r �((Signature) (Signatu ) MIKE PARIZINO,_1,ATTORNEY-IN-FACT (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) - END OF BID FORMS - - MW-030193 BID FORMS 126 0121-PECK RESERVOIR AND PUMPING STATION RENOVATION PAGE 00300-15 POWER SAFECO INSIhRANCE COMPANY OF AMERICA HOME OFFICE SAFECO PLAZA OF ATTORNEY SEATTLE.wASMINOTON 08ta5 No 957,E KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation. does hereby appoint ■aarrrraaaarr*rrrrrraRaarrrtrsrrasarraµlKE Nunn Its Its true and lawful attorneys)-in-fact. with fun authority to execute on behalf of the company fidelity and surety bonds or undertalungss and other docurrerits of a *t*w character issued by the oomp" in the course of its business and to bind SAFECO INSURANCE COWANY OF AMERICA thereby as fully as If Such instrurrw as had been duty executed by Its regularly elected officers at Its horror of face. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has exwcited and attested these presents take At h day of January 1993 7 _ _ CERTIVICATt Extract from the By-Laws of SAFECO INSURANCE C0114'ANY OF AMERICA "Article V Section 13 - FIDELITY AND SURETY BONDS the Proadefu. any Vice President the Secretary and any Assistant Vice President appointed for that purpose by the officer In charge of surety operations. shall each have authority to appoint IrOmduals as attorneys-m-fact or urider other approprlate tales with authority to execute on behalf of the gyp" fidelity and surety bonds and other docurwnts of smitar chwagr Issued by the company In taw course of Its busmen On any Instrunw d making or evidencing such appointment. the signatures may be affixed by fw*ni . On Dry instrVneru confwrkp such authority or on any bond or undertaking of the cornpanty the seal or a fe6strriiie thereof. may be Impressed or affixed or in any other fr►anner reproduced provided however, that the seal shall not be necessary to the validity Of any such instrument or unndertaking," Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28 1970 00n any certificate executed by the Secretary or an assistant secretary of the Company setting out W The provisions of Article V Section 13 of the Bin-Laws, and (ti) A copy of the power-of-attorney appomirnent, executed pursuant thereto. and Gres Certifying that said power-of-attorney appontmwnt Is in fun force and effect the signature of the certifying officer may be by facsmile and the seal of the Company may be a facsmrle thereof" I. R. A Pierson Secretary of SAFECO INSURANCE COMPANY OF AMERICA. do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board Of Directors of this corporatiom and of a Power Of Attorney issued pursuant thereto are true and correct and that both the W-Laws the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsmite seal of said corporation this 7TH day of OCTOBER 19 cam_ � \ r sT S-130CVEP U93 Registered trademOrk Of SAFECO Corporation. BID BOND KNOW ALL MEN BY THESE PRESENTS, That E R Paul Company as Principal, and Golden Eagle Insurance Company as Surety, are held and firmly bound unto City of Huntington Beach hereinafter called "OWNER," in the sum of *****Ten Percent of Arvount Bid 10%****** dollars, (not less than 10 percent of the total amount of the Bid) for the payment of which sum, well and truly to be made,we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents WHEREAS, said Principal has submitted a Bid to said OWNER to perform the WORK required under the bidding schedule(s) of the OWNER's Contract Documents entitled Peck Reservoir Pumping Station Renovation NOW THEREFORE, d said Principal is awarded a contract by said OWNER and, within the time and in the manner required in the "Notice Inviting Bids' and the "Instructions to Bidders" enters into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required certificates of insurance,and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null an void, otherwise it shall remain in full force and effect In the event suit is brought upon this bond by said OWNER and OWNER prevails, said I Surety shall pay all costs incurred by said OWNER in such suit, including a reasonable attorney's fee to be fixed by the court SIGNED AND SEALED, this 6th day of October 19 93 E.R. Paul Company (SEAL)Golden Eagle in/=� �L) (Principal) urety) 1 By .",ice By (Signature) (Signature) WRETY) m Schaller/Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF - END OF BID FORMS - _ MW-030193 BID FORMS 126 0121-PECK RESERVOIR PUMPING STATION RENOVATION PAGE 00300-14 ` GOLDEN EAGLE INSURANCE COMPANY Y EXECUTIVE OFFICES San Diego, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the Golden Eagle Insurance Company, a Corporation duly organized and existing under the Laws of the State of California, having its principal office in the City of San Diego, California does hereby nominate, constitute and appoint ---> JIM SCHALL.ER <--- its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and an its behalf as surety, bonds, consents of surety, and undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of any and all bonds and undertakings, provided the amount of no one bond or undertaking exceeds one million dollars CS1,000,000.00) This power of attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Golden Eagle Insurance Company at a meeting duly called and held on April 10, 1984 which said Resolution has not bean amended or rescinded and of which the following is a true, full and complete copy "RESOLVED That the President or Secretary may from time to time appoint Attorneys-In-Fact to represent and act for and an behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Comittee may at any time remove such Attorneys-In-Fact and revoke the Power of Attorney given him or her, and be it further "RESOLVED That the Attorneys-In-Fact may be given full power to execute for and in the new of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-In-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Secretary " i IN WITNESS WHEREOF, the said Golden Eagle Insurance Company has caused these presents to be executed by its officer, with its corporate seal affixed this May 20th, 1992 GOLDEN EAGLE INSURANCE COMPANY STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS By- William B Rippee, Presi nt On this 20th day of May, 1992 , before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly comaissioned and qualified, came William B Rippe*, President of GOLDEN EAGLE INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said instrument by the authority and direction of the said Corporation IN WITNESS WHEREOF, I have hereunto s Seal, at the City of San Diego, the day and year first above written. OFFICuL SFAL Mule Kathenne Yaws STATE OF CALIFORNIA Bi aOuarNYi�ttµup � - COUNTY OF SAW D I EGO SS Pb K7 AL WKE is By 3"0M CoAtT Marie Katharine Yutsus, Notary Pub um Expires Few S 1993 I the undersigned, Larry G Mabee, Secr Company, do hereby certify that the origi POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked IN WIT ESS WHEREOF, I eve her unto ubscr I bed.my now as Secretary, and affixed the Corporate Seal of the Corporation, this day of 19 . By. LARRY G MABEE, Secretary 61D BOND KNOW ALL MEN BY THESE PRESENTS, That C. W. Roen Construction Company as Principal, and Safeco Insurance Company of America as Surety, are held and firmly bound unto City of Huntington Beach hereinafter called "OWNER," in the sum Of Ten Percent of the Total Amount Bid (10%) dollars, (not less than 10 percent of the total amount of the Bid) for the payment of which sum,well and truly to be made,we bind ourselves,our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents WHEREAS, said Principal has submitted a Bid to said OWNER to perform the WORK required under the bedding schedule(s) of the OWNER's Contract Documents entitled Peck Reservoir and Pumping Station Renovation NOW THEREFORE,if said Principal is awarded a contract by said OWNER and, within the time and in the mannO required in the "Notice Inviting Bids' and the "Instructions to Bidders" enters into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required certificates of insurance,and furnishes the required Performance Bond and Payment Bond,then this ob0gation shall be null an void,otherwise it shall remain In full force and effect in the event suit is brought upon this bond by said OWNER and OWNER prevails, said Surety shall pay all costs incurred by said OWNER in such scut, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this 12th day of October 19 93 C. W. Roen Construction Company (SEAL} Sao ___ Caance Comp_ (SEAL; (Principal) (Surety) 6rum A Roen By President By ZL..CA (Signature) (Signature) hn W. Bowen, (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SU ETY)Attorney-in-Fact I - END OF BID FORMS - MW-030193 BID FORMS 'I 126.0121-PECK RESERVOIR AND PUMPING STATION RENOVATION PAGE 00300-15 I f , e PD�IVER SAMOO MOURAMM COWANY OF AMMICA GEMERAL INaURAIM;E COWAW OF >AWMCA Mace OF ATTCRMY NOW OFFICER SAFECo PLAZA 3EATTLE.WASMOMTON UM Ne. 9324 KNOW ALL BY THESE PRESENTS- The SAFM0 IMGLIRANCE COWANT OF ANERICA and GENERAL INUIRANCE COWANY OF A&MMICA, each a Washlrgton corporstion, does each heraby appoint ssssssssssssBARBARA L SHINE; JOHN W BOWEN, Pleasanton. CaIIfornI even*sssssssssssssssonessssss its true and lawful anorewo-in-fact. with " authority to execute on Its behalf fkbft and surely bonds or undorta zings and other domhonts of a simlar character Issued in the course of its business► and to bind the respective cwgmW thereby. GI WITNIM WHEREOF, SAFECO INMRANCE COWANY OF AM ERICA and GENERAL INII1JRANCE COWANY OF ANERICA have each executed and attested these presents this 4 t h day of Ja na r y t 9 93 tdlrRT�ICATE Extract from the By-Laws of sAFECO INKIIIANCE COMFANY OF AM ERICA and of 004PIAL INKIRANCE 60M►ANY OF AMERICA 'Article V. Section 13 - FIDEL Y AM SILTY BONDS . the President any Vice President. tM Secretary and any Assistant Vice President appointed for that purpose by the officer Ih chm of sWrery Operations. shah each have suMorMj to appoint WKMduals as other adoarneM of alri for character by the cco npry in tMo�o its business On ary instru rant or evidencing such 4*Ohwnrlt. the sipnaturea may lee affixed by fsc*f" On any instrvnant conf*TkV such autho W or on any bond or urndenaldrg of the con WW the seat. or a facsi n" thwoof. may be kwessed or affixed or in ay other momer rWroducett providft however, that tM sear slap not be necessary to the validity of any such ingtnlrlent or ulndrtait W Extract from a Resolution of the Board of Directors of SAFEt0 DANCE COMPANY OF AMEECA and of GENERAL MIMMANCE=WAMY OF AIrE'IMCA adopted July 2& 1970 "On any crtif cote executed by tM Secretary or an it Imannt secretary of the CorrWN setting; out. (D The praislorts of Article V. Section 13 of the By-LsNera, and 00 A copy of " power-of-attorney appowarnont. executed pursuant thereto. and 010 Cwafykg the said power-of-attorney god wrlent is b*fug force and effecL 1M DWMure of 1M Cwgt#V Offt w may be by facwnft and the seal of ft ComprV may be a facsimile "woof• L R. A. Pierson. Secretary of SAFECO MURANCE COKVAMY OF AItERICA and of GE DIAL INIMANCE COWANY OF AM ERICA. do hereby certify that tM foregoing WOWS of tM By-Laws and of a ilesok0m of the Board of ¢hectors of these corparatiom and Of a Power of Attorney issued pursuant thereto, are true and correct and that both tM By-Laws, tM Resotunon and the Power of Attorney are stiU in fto force and offact IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed tM fac*r*o seal of said corporation the 12th darn of October 19 93 3-e7W V*3 R@MW*d tr*OMSrk Of SAfE00 C0rWfft ab BID BOND ' KNOW ALL MEN BY THESE PRESENTS, That BF'I constructors as Principal, and Continental Casualty Company as Surety, are held and firmly bound unto City of Huntington Beach hereinafter called "OWNER," in the sum of 10% of amount bid dollars, (not less than 10 percent of the total amount of the Bid) for the payment of which sum,well and truly to be made,we bind ourselves,our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents WHEREAS, said Principal has submitted a Bid to said OWNER to perform the WORK required under the bidding schedule(s) of the OWNER's Contract Documents entitled Peck Reservoir Pumping Station Renovation NOW THEREFORE, if said Principal is awarded a contract by said OWNER and, within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required certificates of insurance,and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null an void, otherwise it shall remain in full force and effect In the event suit is brought upon this bond by said OWNER and OWNER prevails, said y Surety shall pay all costs incurred by said OWNER in such suit, including a reasonable attorney's fee to be fixed by the court SIGNED AND SEALED, this 12th day of October 19_9 _ BFI Constructors (SEAL) continental C (SEAL) (Principal) (Surety) tLUj B G y B (Signature) (Signature) Don W. Schmid, President Gary D. Eklund, Attorney-in-fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) - END OF BID FORMS - MW-030193 BID FORMS 126 0121-PECK RESERVOIR AND PUMPING STATION RENOVATION PAGE 00300-15 _ 1 ACKNOWLEDGMENT OF SURETY STATE OF�� . aa. COUNTY On tJtit..., ��&.._ds�r�_QS� . 1! . mine sue, No ttn Rees a a>owv Pam in ad Aw tie Caueety seed s"k 4pro i K TOW" asrol% dsly"watiniow seed awene. syeyesrrd ,Gs,a t n nr� t o yorsamoUv met to as to ba on s�orree�lx-lice! O tU aory.n awn that sa�ema d ie 0�to gee t�s ieiaii w � �+idsee earywatian me"" tie asa& skrr�t~eae� seed oeolenowledoed to as that aneA Di WTTNESS WNBERBOF.I Agee hermnb sa my hm d aed &I 401m in V"N6►wald CweWy. ire day sped pw in ak wrbmb Brat WWw wn#m 24 C MAU P*w in md>rr Au commy Comm- Elak C, aww" tas wo owe"