Loading...
HomeMy WebLinkAboutThe Richardson Group - 2009-11-16 This Document was electronically recorded by • PLEASE COMPLETE THIS INFORMATION City of Huntington Beach RECORDING REQUESTED BY: Recorded in Official Records, Orange County Tom Daly,Clerk-Recorder II III II I II 11111111111111111111 II II 1111111111111111111 NO F E E 2011000492445 01:59pm 10/04/11 WHEN RECORDED MAIL TO: 7 409 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CITY OF HUNTINGTON BEACH Attn: Eric R. Charlonne P.O. Box 190—2000 Main Street Huntington Beach, CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to The Richardson Group, Inc. who was the company thereon for doing the following work to-wit: UTILITY OPERATIONS YARD UPGRADES, CONSTRUCTION CONTRACT-1261 That said work was completed September 28, 2011 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on September 28, 2011, per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract Insurance Company of the West was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this September 28, 2011. �eerect r of Puq is Works or City Engineer ity of Huntin {on Beach, California STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Record o Orange County. r Dated at Huntington Beach, California,this September 28, 2011. Ac irector of Public Works or City Engineer This document is solely the official business of ity of Huntington Beach, California the City of Huntington Beach, as contemplated under Government code section. 6103 and should be recorded free of charge. THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) CALIFORNIA PRELIMINARY 20 DAYS NOTICE In accordance with sections 3097 and 3098 California Civil Code N&U L 29 AN 56 This is not a lien This is not a reflection on the Integrity of any contractor or subc rac or Reputed Construction Lender or Lessee i I ,, BRAILLE SIGNS 1A3s , t A 16782 Von Karman Ave Irvine Ca 92606 TEL 949-797-1570 2 Has furnished and installed the following general Reputed Owner description HUNTINGTON BEACH-CITY CLERK FURNISH &INSTALL INTERIOR& 2000 MAIN ST EXTERIOR SIGNS HUNTINGTON BEACH CA 92648 CONTACT JOAN FLYNN 3 An estimate of the total price of the labor services P 714-536-5227 equipment&materials furnished is F 714-374-1557 $5 000 00 4 The budding structure or other work of improvement is ORIGINAL CONTRACTOR or located at Reputed Contractor HUNTINGTON BEACH UTILITIES THE RICHARDSON GROUP OPERATIONS YARD UPGRADE 413 SOUTH GLASSEL 19001 Huntington St ORANGE CA 92866 Huntington Beach Ca 92648 CONTACT BECKY ROACH P 714-997 3970 F 714-997-5784 5 The name of the person or firm who contracted for the purchase of such labor services equipment or material is NOTICE TO PROPERTY OWNER THE RICHARDSON GROUP If bills are not paid in full for the labor 413 SOUTH GLASSEL services equipment or materials furnished CA 92866shed or CONTACT BECKY ROACH to be furnished a mechanics lien leading to the loss through court foreclosure proceedings of all or part of your property being so unproved may be placed against the lurn bum property even though you have paid your Name contractor m full You may be placed against this consequence by � � (1) requiring your contractor to furnish a Sri release signed by the person or firm osition giving you this notice before making final payment to your contractor or (2) any other method or device that is —tom appropriate under the circumstances Signature Date jam:..^a.,✓''n,.r r..�,..---....r...c„I -'d,.-:.....-✓.!'.,.._..,._�....�._.--.V„Y '.. 'v w-v.....4.''..,..v..% ,rw _ ... y ;+�;.t.`.- RECEIVED BY: CITY CLERK RECEIPT COPY / ) Return DUPLICATE to f/ City Clerk's Office (Name) J !(;CA after signing/dating 1 c" c^ � (Date) J j CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL, COMMUNICATION TO: Shari Freiden ich, City Treasurer FROM: / /-L7 i=L �S ci- - f DATE: l SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No'. -�0 4-A 3`-� r Labor and Material Bond No. 3o V,i r Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved fl ��' `t Agenda Item No. (Council Approval'Date) , City Clerk Vault No. #27 gafollowup/bondletter.doc CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND 19-1 6AA-92V-5,1-+,1 C�Q 00 �O FOR i Lt i y`ems C�'Fbz�1 O U5 `�,��Z►�' �C�Z� THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and`I�(E G /�✓L✓l`>Cfi� 6to,o v , a California ce hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as opa d4f V�- 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: I. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or g/agree/surfnet/cityconst 12-07 1 of 22 be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; g/agree/surfnet/cityconst 12-07 2 of 22 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/surfnet/cityconst 12-07 3 of 22 "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum C not to exceed \\1 Dollars ($ , as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT —i YL—,c wolte, to completion within 12�1 ( consecutive �¢Y,,cn� QAZ6 from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. g/agree/surfnet/cityconst 12-07 4 of 22 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the g/agree/surfnet/cityconst 12-07 5 of 22 changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten(10) days of filing of the Notice of Completion. g/agree/surfnet/cityconst 12-07 6 of 22 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, g/agree/surfnet/cityconst 12-07 7 of 22 the sum of Dollars ($`� 7 ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting g/agree/surfnet/cityconst 12-07 8 of 22 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as g/agree/surfnet/cityconst 12-07 9 of 22 a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. g/agree/surfneUcityconst 12-07 10 of 22 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance'of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the g/agree/surfnet/cityconst 12-07 11 of 22 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone g/agree/surfnet/cityconst 12-07 12 of 22 directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. g/agree/surfnet/cityconst 12-07 13 of 22 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention without the express written consent of CITY; however an insurance policy"deductible" of$5,000.00 is permitted. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney g/agree/surfnet/cityconst 12-07 14 of 22 evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty(30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or-a court of competent jurisdiction which arises out of performance of this agreement within ten(10) days of receipt of such claim or claims. g/agree/surfnet/cityconst 12-07 15 of 22 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, g/agree/surfnet/cityconst 12-07 16 of 22 and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein,without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of g/agree/surfnet/cityconst 12-07 17 of 22 One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTORs agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach M�-• ��Cch' '�- -1G✓r�k�-✓� >� ATTN: -2, GuACI0 0 2000 Main Street Huntington Beach, CA 92648 4 1 3 45 1/�sS 1✓Lc'-c"� 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, g/agree/surfnet/cityconst 12-07 18 of 22 define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent g/agree/surfnet/cityconst 12-07 19 of 22 jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. g/agree/surfnet/cityconst 12-07 20 of 22 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 41. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, g/agree/surfnet/cityconst 12-07 21 of 22 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers 1009 CONTRACTOR CITY OF HUNTINGTON BEACH, a g�dl)P municipa o ration of the State of California /3 ayor B(� V/ y Clerk t�(i(ognj saw (J print na• a INITIATED AND APPROVED: TI'S: (circle one)Chairma resi ent ice President AND Dire for o ublic Works B.y: REVIE I APPROVED: (E7K Ak I�,(ct+ T cal print name ITS: (circle one)Se�creta—ry/Cbief Financial Officer/Asst. /�C' y I dministratar Secretary-Treasures- d APPROVED AS TO FORM: City Attorney g/agree/surfnet/cityconst 12-07 22 of 22 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THY,CIT OF HUNT GTON BEACH AND 2 i dA I`hP:S0v` 0 FOR TABLE OF CONTENTS Paize No. 1. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS,SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION,DEFENSE,HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT&TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS,ESTIMATES AND OTHER 16 26. NON-ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. SIGNATORIES 20 41. ENTIRETY 20 CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM. The-he fRk1('kbrdS1L) PROJECT: )AtV ) (Contractor Name) 4AI'�) g. C,—leas S-ell <7,1. (Street Address) CA (City,State and Zip) TO: CITY OF HUNTINGTON BEACH DECLARATION Attached hereto is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorsement CG 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach ("City' and the above-named Contractor("Contractor'D for the above-described project("Project'). I declare under penalty of perjury under the laws of the State of California that the above statement is true and correct. Signed on .7/e1MP.h7�Pd' 20U7at V k4WIf ) (Date) (City,State) (Signature of Individual Who is Making Declaration) WARRANTY Contractor hereby warrants and agrees to maintain Products and Completed Operations Insurance in compliance with the insurance requirements of the Contract for the Project. Said insurance shall be maintained through and until the expiration of all Warranties provided by Contractor. Said insurance shall contain Additional Insured Endorsement CG 2010 1185,naming City as an additional insured. Contractor shall supply to City, on at least an annual basis, a Certificate of Insurance and the aforementioned Endorsement evidencing continued coverage which meets the Contract requirements. Signed on&6LtQh i,/" 20 Oyat 4 p-. 0,A (Date) (Ci ,State) CONTRAACC rOR: Name: J I�� �t CJ�lra T/� 441l�'Y�6Vj� ame: S Ire, rr Title: Vi c-c_ ti'ares:A Pr,J"' 277621.2 SECTION C PROPOSAL for the UTILITIES OPERATIONS YARD UPGRADE at GARFIELD AVENUE AND HUNTINGTON STREET CC No. 1261 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 380 working days, starting from the date of the Notice to Pr6ceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. SCHEDULE OF PRICES—BASE BID Item No. Description Estimated Unit Extended Amount Quantity 1 Construct Utilities 1 LS Operations Yard Upgrade TOTAL AMOUNT OF BASE BID:ScX �+cL�0�1 s�� Nu,►taR�b ryF/2Y4 -rFfo�Sa►.tia P 14"e-rq DOLLARS AND CENTS (o� G 5C ($ 4e= � Accompanying this proposal of bid, find in the amount of$ ii�`1. > - Gx, which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received -lfdderls Signature iD Qct C-2 Addendum#1 Huntington Beach Utilities Operations Yard Upgrade Item 5. Sheet E-6.6 Electrical Details At Detail E.at note between"Control Unit"and"Window Motor Operator", change note from"2/C#14"to be"112% 2JC#14"_ Add note to detail to read:"All wiring between Control Units and Window Motor Operators to be installed in concealed conduit(no exposed conduit.) Item 6. Spec Section 102113—Toilet Compartments Paragraph 1.4 Quality Assurance: Remove the requirement for Flame-Spread index of 25 or less. products can meet requirements for Class C materials per CBC Table 803.5 Item 7. Detail 4/ShW 6A-1.1 Replace detail with detail provided in attached sketch SK-3. This is to acknowledge receipt and review of Addendum Number One,dated October 8,2008 ompany Name Ar io zz�&<� Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please call Todd Broussard at(714)636-5247. Page 6 of 6 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class o Work Number By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 List of Subcontractors Huntington Beach Utilities Operations Yard Upgrade CC No. 1261 Portion of the Work Name and Address of Subcontractor State License Class Number Surveying N/A Erosion Control/Sandbags N/A Selective Demolition kke0L 1(.4'> (:AAL>DjoJA Ajt- 4I E1µ cti . 0 Hazardous Materials Abatement N/A Site Demolition N/A Grading FW Brady 16782 Intrepid Lane Huntington Beach,CA Drilled Piers N/A Underground Utilities Sandoval 7 Johnson 3220 Falcon Ridge Diamond Bar,CA Slurry Abandoned Utilities N/A Asphaltic Concrete Paving Pave West 401 S Harbor Blvd La Habra,CA Site Concrete Performance 633 S Melrose St Placentia,CA Ornamental Metal Fences&Gates Champion 2106 N Glassell Orange,CA Landscape/Irrigation Enzo 17333 Chase St Northridge,CA Reinforcing Steel N/A Building Concrete E�eachside-24338-E-LZaro_F.toad-SMite-E1-2.7-L-aguna'tn/oods-CP TRIPLE CA Pneumatically Placed Conc.(Shotcrete) N/A Concrete Unit Masonry /A -SP L`IaGN '1 toZ -1 tfor-c�.S Sr. �£�. QA2tc t CA. Prefab Metal Structures N/A Structural Steel C-raneveyeF-45-24-14-Potero Ave—South outh El Monte,CA JA" tjuyw-- �+�'��►� l�� tg2t( -5655 Eell-- Steel Joists N/A Metal Decking Alexander buggy 15612 Graham St Huntington Beach,CA Metal Fabrications N/A Pipe&Tube Railings N/A Decorative Metal Mesh Fabric SSI 1268 Sherborn St Corona,CA Rough Carpentry/Framing N/A Architectural Woodwork J.Alexander 2809 Unicorn Road Suite 108 Bakersfield,CA Waterproofing N/A Insulation N/A Metal Roof Panels N/A Thermoplastic Poly Roof(TPO) RS 660 S Jefferson Unit C Placentia,CA Flashing/Sheet Metal -136 AtlaMrCSt—P'om nz.,-e "j Expansion Joint N/A Sunshades N/A Joint Sealers N/A Doors/Frames/Hardware ContiactorJD.00r-12810-Nutwood-St-Garden-Grove—C;q C.bS t 22AZ FsYze" AvE , cµ,Nm- t c� Overhead Coiling Doors CASCO 4141 Flat Rock Dr Riverside,CA Sectional Overhead Doors N/A Aluminum Framed Entrances&Storefronts N/A Aluminum Windows Sa&hee 740-S-fto&esterRve-Sutte-B-8rrta1Fi�CA' "A IZK Ar N-A S cn. Unit Skylights N/A Tubular Skylights(Solatube) N/A Glass/Glazing N/A Portland Cement Plaster N/A Drywall,Metal Framing Mickinney 513 E La palma Suite 104 Anahiem,CA Ceramic Tile/Quarry tile Commtrac 439 E Harrison St Unit E Corona,CA Acoustical Tile 0 Carpet TileNCT C 'i V4�-C. l Su,ti Sm. tpRatya, C 0 Sculpted Wall Panels 0 Paint SD&M Painting 1318 W Collins Ornage,CA Coatings for Exterior Steel N/A Toilet Partitions N/A Toilet&Bath Accessories N/A Louvers&Vents N/A Operable partitions N/A Signage N/A Fire Extinguisher&Cabinets N/A Metal Lockers 0 Flouride Chemical Tanks 0 Laboratory Equipment N/A Industrial Work Benches N/A Knox Box N/A Fire Alarm Systems N/A Automatic Fire Sprinklers Rice Fire 24300 Vera lane Moreno Valley,CA Compressed Air Piping N/A Plumbing PV&C 406 S Lemon Suite 1 Walnut,CA HVAC gcca t� tax �3S o(Lp, ca Air Balance N/A Basic Electrical Work A--'U _V12_ {EC cfl-31- S w-YT4, Sca.AK.t C! Voice Data Structured Cabling System N/A Concrete Sealers N/A 0 N/A 0 N/A 0 N/A 0 0 0 0 0 0 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange St to r"'►. r r-A%od O"\ , being first dul sworn, deposes and says that he or she is e)i a �- fist)';r��-n �-� of `its ( � - Sc� 6n0P the party making the foregoing bid that the bid is not made in the interest of, or on the ehalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. lLdN-0,-&4o (-(7,1 5P Name of Bidder n S ature of Bidder Address of Bidder " Subscribed and sworn to before me this I3 day of 5200. NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA JURAT WITH AFFIANT STATEMENT ®"See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) ...... Signature of Document Signer No.1 Signature of Document Signer No.2(if any) State of California County of - \A Subscribed and sworn to�(or affirmed) before me on this day of LA' U LILP-C 20-a, by Date th Year Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (and (2). p Name of Signer v 9 REBECCA ROCHE Coma.# 1700491 (n roved to me on satisfactory`�the basis of satisfacto evidence N NOTARY PUBLIC-CALIFORNIA v- ORANGE COUNTY .m to be the person w o appeared before me.) MY Comm.Eza.OCT.23,2010 / Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fie• . • fraudulent removal and reattachment of this form to another document. Top of thumb here Top of thumb here Further Description of Any Attache d Document Title or Type of Document:NUVI1f y 4 V 5I6n T��Id c U Document Date: 10 -1J" 200 / Number of Pages: Signer(s)Other Than Named Above: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5910 Reorder:Call Toll-Free 1-800-876-6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the UTILITIES OPERATIONS YARD UPGRADE, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. ;Ire�,,. r 1 Contractor By Title Date: loh-V02 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes o If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. (7 Contractor 6 � By ��►u � Title Date: jD k C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: -i-e,. Wic.h ar& (Moe Bidder Name Lii ,!, S : C 10-S�>e-� t fi ' Business Address s'c CA City, State Zip ( -1H ) 0q 1 - -1 Telephone Number �3`,�s C) C 39 State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by i; Dp of our office on O(A, ,2009 r The following are persons, firms, and corporations having a principal interest in this proposal: rA C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Sign-a2re of Bidder no . (Z►l Printed or Typed Signature Subscribed and sworn to before me this] 'day of 200' . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Name and Ad ress of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 Attachment to Bidders Information for the Utilities Operations Yard Upgrade Bid 1. Name and Address of Public Agency: County of Orange, 1152 E. Fruit St., Bldg 1, Santa Ana, CA 92701 Name and Telephone No. of Project Manager: Don Johnson (714) 567-7867 Ed Robb (714) 567-6566 Contract Amount: $6.2M Type of Work: OCFCD O&M Yard and CNG Facility Date Completed: Estimated 12/09 2. Name and Address of Public Agency: County of Orange, Public Works, 300 N. Flower Street, Santa Ana, CA 92703 Name and Telephone No. of Project Manager: Doug Giltner(714) 567-6501 Contract Amount: $838,826 Type of Work: Demolition and Construction of Public Facilities in Sunset Beach Date Completed: 09/09 3. Name and Address of Public Agency: J.h Snyder Co., 5757 Wilshire Blvd., PH #30, Los Angeles, CA, 90036 and CRA/LA 354 S. Spring Street, Los Angeles, CA 90013 Name and Telephone No. of Project Manager: CRA/LA,Alorah Gilbert(213) 977-1600 J.h Snyder, Dale Palmer(323) 857-5546 Contract Amount: $12.2M Type of Work: No. Ho. Commons Live/Work & Retail Construction Date Completed: 04/07 CALIFORNIA JURAT WITH AFFIANIT STATEMENT Aee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No.1 Signature of Document Signer No,2(if any) State of California County of Subscribed and sworn to� (or affirmed) before me on this `\ day of �l- U42 r 20 9q , by Date Month Year (1) S n ►� i j 2a'k' d/L--' Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and ... ..��REBECCA ROCHE Name of Signer G01,aM.# 700491 U1(� roved to me on the basis of satisfactory evidence• NOTAR'FJRLIC•CAUFORNIA p ry ORANGE COUNTY to be the person who appeared before me.) My ccMM.El(P.QcT.2�,2010 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent • • fraudulent removal and reattachment of this form to another document. Top of thumb here Top of thumb here Further Description of Any Attached Document `� Title or Type of Document:"fp / Q ti!Z l_—t r) 'L �'< 14.E . k-, tti,e_S 6 Q• \"I wq Document Date:�1(7�l � -2 D D � Number of Pages: Signer(s)Other Than Named Above: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5910 Reorder:Call Toll-Free 1-800-876-6827 f ' THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS,that we The Richardson Group as Principal, hereinafter called the Principal, and Insurance Company of the West a corporation duty organized under the laws of the State of California as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of ten percent of total amount bid (10%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Utilities Operations Yard Upgrade, CC No. 1261 in the City of Huntington Beach NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. 1 st of October, 2009 Signed and sealed this day of , The Richardson Group (Principal) -. - (Witness) (Title) Insurance Company of the West (Surety) (Seal) (Witness) - Michael R. Strahan, Attorney-In-Fait (Title) AIA DOCUMENT A310•BID BOND-AIA m•FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 ? No. 0004437 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California, Explorer Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint IvIICHAEL R.STRAHAN, JOHN R.QUALIN,E.B.STRAHAN their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January,2008. ��OMPAMY'f F`�S \ ♦Sp'1'TY ti OcoePOMrFo�� '�j'Oo � o 4 r INSURANCE COMPANY OF THE WEST $ 4a S L o v ; w le a EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY a'ti, Jeffrey D.Sweeney,Assistant Secretary J.Douglas Browne,Senior Vice President State of California }ss. County of San Diego On May 21,2009,before me,JoAnn Pache,Notary Public,personally appeared J.Douglas Browne and Jeffrey D.Sweeney,who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and con-eel. Witness my hand and official seal. JOAM E IN w4 JoAnn Pache,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE I the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. �p , IN WITNESS WHEREOF,I have set my hand this_. day of Jeffrey D.Sweeney,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. ACKNOWLEDGMENT State of California County of San Diego On October 1, 2009 before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared Michael R. Strahan who proved to me on the basis of satisfactory evidence to be the person'}whose name s bscribed to the within instrument and acknowled ed to me that�she�#hay executed the same in authorized capacity(ies),and that b hi / signature(»4 f'f on the instrument the person�8'j,or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true And correct. WITNESS my hand and official seal. ...., E. B. STRAHAN V- COMM. #1668057 z o Notary Public California z San Diego County o My Comm.Expires May 19,2ol o Signature (Seal) 2009 OCT 13 P 1 56 "SEALED BID" for UTILITIES OPERATIONS YARD UPGRADE in the CITY OF HUNTINGTON BEACH DO NOT OPEN WITH REGULAR MAIL �^.s�t CERTIFICATE p /� p T�/ n��+ �q^',}'^► OP ID DM DATE(MMIDDIYYYY) /�i-08P ®F LIABILITY 1 �111c7�If��AIV'l!� RICHARI 11/0.1/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohm Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Plaza Square, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orange CA 92866 Phone: 714-516-2960 Fax:714-516-2965 INSURERS AFFORDING COVERAGE NAIC# INSURED ,1-C_; _ INSURER A: Liberty Surplus Ins. Corp 10725 ' �, ` � � l'' INSURERB: American Economy Ins. Co. 1969U The Richardson Group NOVNSURERS RSUI Indemnity Company 22314 413 South Glassell N�V ®4 2009 INSURER D Orange CA 92866 — --- _ INsuRER E� COVERAGES I L11--1-(1(;NARDSON GRni Ip 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 INSI IRANCE AFFORDFD RY THE POI ICIFS DFSCRIRFD HFR FIN IS SI IR.IFCT TO Al I THE TFRNAS,FXCI I1SIONS AND CONDITIONS hF SI1CH POLICIES.AGGREGATE LIMNS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS DATE POLICY EFFECTIVE POLICY EXPIRATION LT TYPE OF INSURANCE POLICY NUMBER MM1DDlYY R NSR DATE(MMI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY DGLLA207395028 06/01/09 06/01/10 r-REMSES�Eao�ence) $ 50,000 CLAIMS MADE [:X:l OCCUR ME.D EXP(Any one person) $ EXCLUDED PEPSOKAL?ADV INJURY $ 1,0 0 0,00 0 GENCNAL ApcRCO,,-ETC T2,000,000 G�-N'L AGGREGATE LIMI-APPLIES PER: PRODUCTS-COMIPIOPAGG $ 2,000,000 POLICY X PRC- AUTOMOBILE LIABILITY coroaelNEO slracLr__LIMIT $ 1 000 000 B X X ANY AUTO 02CE0629286 06/01/09 06/01/10 (Ea accident) ALL CANNED AUTOS - BODILY INJURY SCHEDULED AUTOS mi, (Per person) '$'X HIREDAUTOSBODILY INJURY $X I-JOI 1-O'n(NED AUTOS (Per ac .lent)7ty A me Y -- 1/ j T/ e PPR,OPERTY DAMAGE $ GARAGE LIABILITY ( AUTO ONLY-EA ACCIDENT '§ ANY AUTO OTHER THAN EA ACC $ .— AUTO ONLY Ar,G $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 9,000,000 C X OCCUR EICLAIMSMADE NHA223954 06/01/09 06/01/10 AGGREGATE $ 9,000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND VVC SLIUTr✓I:RJITS E-R - OTH- GR`i T EMPLOYERS'LIABILITY E.L EACH A.NY PROPf?IETOR,IF'AP,TNERIEXECUTIVE - - - - rTr'I=10EP.;MEP4PER EXC1116E+T^r L.DISI//,SE-EP,ETLOYEE $ If qes,descdbw,under - `'— SPECIAL PROVISIONS below E.L-DISEASE-POLICY-1tAIT 'fi OTHER DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM. THE CITY OF HUNTINGTON BEACH, ITS ELECTED OR APPOINTED OFFICIALS, AGENTS, OFFICERS, EMPLOYEES AND VOLUNTEERS ARE NAMED ADDITIONAL INSURED PER ATTACHED ENDORSEMEDTTS. RE: UTILITY OPERATIONS YARD UPGRADES: CONTRACT IMMMER 1261, RICHARDSON JOB #1002. CERTIFICATE HOLDER CANCELLATION HUNTIN3 3HOULD ANY OP THE ABOVE DE3CRIDED POLICIES or CANCELLED BEFORE THE EXPIRATION .. DATE THEREOF,THE ISSUING INSURER WILL GINDIRAMORNZWAIL -:F 30 -DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, r :a0G;SwSRLL THE CITY OF HUNTINGTON BEACH NF3SC14R "A' SL BS63R 2000 MAIN STREET HUNTINGTON BEACH CA 92648 AUTHO REPRESENTATIVE ACORD 25(2001108) ©ACORD CORPORATION 1988 TIIIS ENDORSEMENT CIIANGES TIIE POLICY, PLEASE READ IT CARE,FULLY. Endorsement Effective Date: 11/03/09 Policy No.: DGLLclt207395028 Insured: The Richardson Group ADDITIONAL 0SURED-OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS SCHEDULE Name of Person or Organization: THE CITY OF HUNTINGTON BEACH, ITS ELECTED OR APPOINTED OFFICIALS, AGENTS, OFFICERS, EMPLOYEES AND VOLUNTEERS Location and Description of Completed Operations: UTILITY OPERATIONS YARD UPGRADES: CONTRACT NUMBER 1261, RICHARD SON JOB 41002 Additional Premium: TBD (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II-Who is An Insured 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" as the location designated and described in the Schedule of this endorsement performed for that insured and included in the"products-completed operations hazard". This endorsement does not change any other provisions of the policy. CGL 1038 1103 s M Policy#: 02CE0629286 CA 7135 12 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM .With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Endorsement effective: 11/03/09 Named Insured: 1'lie Richardson Group Schedule Name of Person or Organization: THE CITY OF HUNTINGTON BEACH, ITS ELECTED OR APPOINTED OFFICIALS, AGENI'S, OFFICERS,EMPLOYEES AND 17OLUNTEERS Re: UTILITY OPERATIONS YARD UPGRADES: CONTRACT NUIVIBER 1261, RICHARDSON JOB #.1002 Address: 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 Premium: Included (If no entry appears above,infonnatinn required to complete this endorsement will he shown in the Dec.landions as applicable to this endorsement.) A. Under LIABILITY COVERAGE N17HO IS AN IN- 3. Any person, except the additional insured or SURED is changed to include as an "insured" the any employee or agent of the additional in- person(s) or organization(s) shown in the Schedule, sured, operating a covered "auto' with the but only with respect to "bodily injury"or"proper- permission of any of the above. ty damage"resulting from the acts or omissions of: B. The insurance afforded by this endorsement does 1. You; not apply: 2. Any of your employees or agents; To "bodily injury" or "property damage" arising out of the sole negligence of the person(s) or or- ganizations)shown in the Schedule. CA 71 35 12 93 Page '1 of 1 f"900RD. CERTIFICATE OF LIABILITY INSURANCE OPID 11 DATE(MM/DD/YYYY) RICHA-3 11/02/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION United Agencies, Inc. (1) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CA License #0252636 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 301 E. Colorado Blvd. Ste. 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena CA 91101 Phone:626-449-0301 Fax:626-564-6565 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Delos Insurance Company INSURER B: The Richardson Group (A Corp.) INSURER c 413 South Glassell INSURER Orange CA 92866 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSH DL POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR TYPE OF INSURANCE DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurence) $ CLAIMS MADE r7 OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJLRY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $ POLICY PECT RO LOC J AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS p 7-� p �+ /� LY SCHEDULED AUTOS Ai VEIJ t'15 A oV (Per IPersonj INJURY $ HIRED AUTOS lk LyE Me I lty © ey BODILY(Per accident) INJURY $ NON-OWNED AUTOS � Per accident PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSfUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X TORY LIMITS I I ER _ A EMPLOYERS'LIABILITY 03DKRM12000527 07/01/09 07/01/10 EL EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE - OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Subject to all policy terms, conditions and exclusions. RE: Job 1002, Utility Operations Yard Upgarde, Contract #1261; CERTIFICATE HOLDER CANCELLATION CITYHLW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach its DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Elected or Appointed Officials NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Officers Employees &volunteers IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 2000 Main Street Huntington Beach CA 92648 REPRESENTATIVES. AU I D PRESE TATIV ACORD 25(2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON REACH H� B INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: k`C DATE: ��1 '��'",q 9 SUBJECT: Bond Acceptance I have received the bonds for klem�bj�4) Alua-t-0 (Company ame) Faithful Performance Bond No. 349 3 Labor and Material Bond No. •30 .3 Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Fie: Tract No. CC No. MSC No. Approved /) 9 Agenda Item No. 4—/ (Council Approval Date) City Clerk Vault No. 16M , #27 gAollowup/bondletter.doc Premium: $47,531.00 Premium is for contract term and subject to adjustment based on final contract amount Bond No. 2304234 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach(hereinafter referred to as"City`)has,by written agreement dated October 26th 2009 ,entered into a contract with The Richardson Group located-at 413 South Glassell, Orange CA 92866 (name and address of Contractor) (hereinafter referred to as"Principal'), for performance of the work described as follows: Utility Operations Yard Upgrades-Contract Number 1261 (Project Title) WHEREAS, said contract,and all documents referenced therein(hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE,we,the undersigned, as Principal,and Insurance Company of the West located at 10509 Vista Sorrento Parkway, Ste 310, San Diego CA 92121 (name and address of Surety) (a duty admitted surety insurer under the laws of the State of California and hereinafter referred to as 'Surety"}, as Surety, are held and firmly bound unto City in the penal sum of Six Minion Six Hundred Thirty Thousand and Ninety Eight Dollars--------------------------------------------------------- Dollars($ �,this amount being not less than one hundred percent of the price set forth in the Contract,in lawful money of the United States,for the payment of which sum,well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION iS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants,obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered,amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers,agents and employees(hereinafter collectively referred to as"Obligees")from any and all losses,liability and damages,claims,judgments,stop notices,fees and costs of every description, whether imposed by law or in equity,which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees,for value received,that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the ` Surety under this Bond. Surety waives notice of any adjustment of contract time or contract price,and irs4r.i PERFORMANCE BOND Page I of 2 Bond No. 2304234 any other alteration,change, deletion,addition or other modification to the Contract,or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments,alterations,changes,deletions,additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code§§2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below,that the name of each corporate party being affixed hereto is such parry's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety,by execution of this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: November 4th, 2009 ATTEST The Richardson Group (Corporate Seal) (Phncipa Name) N ) ame- Title: )A[P_ Pcg�ken+- ATTEST Insurance Company of the West (Corporate Seal) (Surety Name) Y= � Name ,lohn R. Qualin (Signature of Attomey-in-Fact for Surety) (Attach Attomey4n-Fact Certificate) 8( 58 }538-8828 (Area Code&.Telephone Number of Surety) APPROVED AS TO FORM: CITY O UNTINGTON BEACH "Yra�� By erce ityfttoAttorney Note: This bond must be executed in duplicate and dated,so signatures must be notadzad,and evidence of the authority of any person signing as attomeyvn-fact must be attached. PERFORMANCE BOND Page 2 of 2 No. 0004437 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California, Explorer Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint . MICHAEL R.STRAHAN, JOHN R.QUALIN,E.B.STRAHAN their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. hi witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January,2008. r4��ptlPANY��r� Q�SR OA44f, LTY.wOS G �PG09POAAYBp4: 6 J, INSURANCE COMPANY OF THE WEST (o a SEAL o'�b y EXPLORER INSURANCE COMPANY M��cr�I.lutc NIP% 73 a c INDEPENDENCE CASUALTY AND SURETY COMPANY Jeffrey D.Sweeney,Assistant Secretary J.Douglas Browne,Senior Vice President State of California }ss. County of San Diego On May 21,2009,before me,JoAnn Pache,Notary Public,personally appeared J.Douglas Browne and Jeffrey D.Sweeney,who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. JKWN FROM IMAM # OR ME ;MDMWM MW rJ . AM JoAnn Pache,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE L the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force.IN WITNESS WHEREOF,I have set my hand this `7 day of //1 j0 Vf,^4be1t �4 9 Jeffrey D.Sweeney,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. ACKNOWLEDGMENT State of California County of San Diego On lQjysr, 4( a �Zod l before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared John R. Qualin who proved to me on the basis of satisfactory evidence to be the personA whose namewfiaaR- same in authorized capacity(ies�,and that b hi / signature( ]on the instrument the person�s�;or the entity upon behalf of which the person acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true And correct. WITNESS my hand and official seal. E. B. STRAHAN comm. #1668057 z � Notary Public • California o z - San Diego County Signature (Seal) My Comm.Expires May-19,2010 Premium included in performance bond Bond No. 2304234 P"MENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS,the City of Huntington Beach (hereinafter referred to as"City")has awarded to The Richardson Group located at 413 South Glassell, Orange CA 92866 (name and address of Contractor) (hereinafter referred to as"Principal"),a contract('Contract")for the work described as follows: Utility Operations Yard Upgrades-Contract Number 1261 (project title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE,we,the undersigned Principal,and Insurance Company of the West located at 10509 Vista Sorrento Parkway, Suite 310 San Diego CA 92121 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as'Surety"), as Surety,are held and firmly bound unto City in the penal sum of Six Million Six Hundred Thirty Thousand and Ninety Eight Dollars--------------------------------------------------------- dollars, ($6,630,098.00 ), this amount being not less than one hundred percent(100%)of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants') for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant,-or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release C.. ' the obligations of Surety under this bond. Surety hereby waives notice of any such change, �nsev.i PAYMENT BOND Page 1 of 2 Bond No. 2304234 extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety,on the date set forth below,that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or property execute this bond. Dated: November 4th, 2009 ATTEST The Richardson Group (Corporate Seal) "PiUPm M Ric�ha,X' S (Principal Name) Na s: V)C ATTEST Insurance Company of the West (Corporate Seal) (Surety Name am o n ualin (Signature of At for Surety) 8(-58) 538-8828 (Attach Attomey-in-Fact Certificate) (Area Code&Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH ennifer Mctrath '—City Attorney S f l S�b6 Note: This bond must be executed in duplicate and dated, a#signatures must be notamed,and evidence of the authority of any person signing as attomeyan-fact must be attached E' MGM PAYMENT BOND Page 2 of 2 No. 0004437 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint MICHAEL R STRAHAN, JOHN R QUALIN,E.B.STRAHAN their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January,2008. oouPu1ro�ry, C- PG q�\� ePOMr�m o° ♦ v 4 x �o INSURANCE COMPANY OF THE WEST ,SEAL e" b t ro > EXPLORER INSURANCE COMPANY EACH I. y O 'l�RO4Ntp,,� a �.a� INDEPENDENCE CASUALTY AND SURETY COMPANY 04 ks �QMr 's 7s Jeffrey D.Sweeney,Assistant Secretary J.Douglas Browne,Senior Vice President State of California }ss. County of San Diego On May 21,2009,before me,JoAnn Pache,Notary Public,personally appeared J.Douglas Browne and Jeffrey D.Sweeney,who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. 'WAS NUMNOWIN 4 l JoAnn Pache,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force- IN IN WITNESS WHEREOF,I have set my hand this_�_day of Alt)t)1(ce"6 Q 0 . ,Jlt'�Pr - �Zw� Jeffrey D.Sweeney,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. ACKNOWLEDGMENT State of California County of San Diego On A)0vc-,4:>z Inn 9 before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared, John R. Qualin who proved to me on the basis of satisfactory evidence to be the personfA whose name s bscribed to the within instrument and acknowled ed to me thatgshe.�tk�ay executed the same in authorized capacity(iaQ,and that b hi signature(�'j on the instrument the personK,,or the entity upon behalf of which the personX acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true end correct. WITNESS my hand and official seal_ E. B.STRAHAN o comm. #1668057 Z Notary Public •California A Z San Diego County o My Comm.Expires Mey 19,2010 Signature (Seal) CONTRACTOR'S CERTIFICATE I, ,state and certify that: (Name of Declarant) l. is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract') for the construction of the public work of improvement entitled: (the"Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents(as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five(5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied(list unpaid debts and claims; if none, write"NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write"NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of 120 (Signature of Declarant) APPROVED AS TO FORM By: .7 --U 3 . Name: [Type Name] Title: [Type Title] 1 245914 1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above-referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 120 at , California. (Type Contractor Name) By: Name: [Type Name] ' Title: [Type Title] E > IF R A ORNEY 1 245911 1 Certification of Compliance with Prevailing Wage haws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above-referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage-rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 320 at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] AS TO low CITY AT IORNpY 1 247542.1 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 s ' OFFICE OF THE CITY CLERK JOAN L. FLYNN e CITY CLERK December 1, 2009 Mr. Steven M. Richardson The Richardson Group 413 S. Glassell Street Orange, CA 92866 Re: Utilities Operations Yard Upgrade Project— CC-1261 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5437. Sincerely, o n L. Flynn, CIVIC ty Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister CiqqoslioQas �asni4 New Zealand (Telephone:714-536-5227) 77, Council/Agency Meeting Held: ///6 aa�9 Deferred/Continued to: )&Appr ve ❑ Conditionally Approved ❑ Denied � y CI 's Sig ure Council Meeting Date: 11/16/2009 Department ID Number: PW 09-54 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU I MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIST PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTO F BL C WORKS SUBJECT: Award Construction Contract for Utilities Operations Yard Upgrade Project, CC-1261 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On October 13, 2009, bids were opened for the Utilities Operations Yard Upgrade Project, CC-1261. City Council action is requested to award the construction contract to The Richardson Group, the lowest responsive and responsible bidder. Funding Source: A total of $15,000,000 is budgeted from the Water Fund, in the Utilities Yard Improvements Project, Account No. 50687001.82200. Recommended Action: Motion to: 1. Approve the plans and specifications for the Utilities Operations Yard Upgrade Project, CC-1261; 2. Accept the lowest responsive and responsible bid submitted by The Richardson Group in the amount of$6,630,098.00; and 3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): 1. Reject all bids and provide staff with an alternative direction. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/16/2009 DEPARTMENT ID NUMBER: PW 09-54 Analysis: In 2003, the Public Works Department reorganized to combine Wastewater, Storm Drain and Water Divisions. Personnel and equipment from the Wastewater and Storm Drain Divisions were relocated from the City Maintenance Yard to the Water Yard, now known as the Utilities Operations Yard. Due to space limitations, personnel have been operating out of temporary trailers. This project proposes to construct additional buildings in order to accommodate this reorganization. Proposed improvements include a new 6,714 square foot Operations Building, 11,096 square foot Distribution and Meter Building, 1,029 square foot Expansion to the existing Production Building and covered parking for approximately 15 stalls. The existing Administration Building will receive tenant improvements. Other improvements include a new parking layout and landscaping to meet code requirements. In addition, the existing bulk material storage area and fluoride tanks will be relocated. The engineer's estimate for this project was $10,000,000. Bids for this project were opened publicly on October 13, 2009. The verified bid amounts are listed below: Bidding Contractor Ease Bid Amount 1. The Richardson Group $6,630,098.00 2. Great West Contractors $6,989,000.00 3. CAMCO Pacific Construction $7,145,000.00 4. Bayley Construction $7,164,000.00 5. AMG &Associates $7,209,000.00 6. RC Construction $7,278,000.00 7. Jaynes Corporation $7,359,000.00 8. PWCI $7,389,000.00 9. Woodcliff Corporation $7,452,000.00 10. Delmac Construction $7,488,800.00 11. Cal Pac Engineering & Const. $7,583,000.00 12. Western Construction $7,593,081.00 13. ACC $7,621,000.00 14. G2000 Construction $7,695,000.00 15. Huffman West $7,699,021.00 16. Al Shankle Construction $7,797,779.00 17. Morillo Construction $7,878,000.00 18. P.H. Hagopian $7,991,000.00 19. Kemp Bros. Construction $8,013,000.00 20. USS Cal Builders, Inc. $8,086,000.00 21. W.D. Gott Construction $8,214,000.00 22. Royal Construction $8,368,000.00 23. FTR International, Inc. $8,398,000.00 24. Minako America Corp. $8,777,000.00 25. Custom Design $8,980,000.00 26. Metro Builders $8,984,312.00 -2. 10/27/2009 11:36 AM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/16/2009 DEPARTMENT ID NUMBER: PW 09-54 On October 15, 2009, a bid protest was filed by Great West Contractors suggesting irregularities in The Richardson Group's bid. Staff evaluated the protest items and found that they did not constitute a finding that would render The Richardson Group neither non- responsive nor non-responsible. The reference check for The Richardson Group provided acceptable responses from past clients. Therefore, staff recommends award of the construction contract in the amount of$6,630,098.00 to The Richardson Group. The total construction cost is estimated to be $8,000,000, which includes the construction contract, project management, construction contingency, and supplementals (soils and materials testing, construction support services by outside firms, in-house inspection services and additional engineering support). Upon completion of the construction, additional funding is available within the existing budget for procurement of furniture, fixtures, and equipment, including data, voice and security systems. Said items will be completed under separate contracts. Public Works Commission Action: The Public Works Commission reviewed and recommended the project on June 17, 2009,with a vote of 5-0-2 (Harlow, Spencer absent). Strategic Plan Goal: Maintain, improve and obtain funding for public improvements. Environmental Status: This project is exempt from the CEQA pursuant to section 15332. Attachment(s): 1. Location Ma 2. Bid Protest Correspondence -3- 10/27/2009 11:36 AM ATTACHMENT # 1 t � ; "J a „` Timbet tr ' Ij Rx- r 4 tL ' S Re all OV " ia ' r C3 �" mow, � og 1c 3uh, W '., ' r - �' 146 +'a (_V, ter' Basta (i E52 ag tJ _ iJ 01,7h t 1t I - µ i wl � Ilk '-' '- 8wv i A .` M r - r ' t i fit- x,8V8�3`�f 4 a' 2-44 om �- -s �7ii r10, to _ am .t Or - tJ , , fiv� 7 r £ LOCATION MAP Map produced by information contained in the City of �r Huntington Beach Information Services Department Geographic Information System.Information warranted for - z City use only.Huntington Beach does not guarantee its completeness or accuracy. Map Produced on 618/2009 Y HP 4J�4 � , rS E MIt 0 354 708 One inch equals 354 feeta . I ATTACHMENT #2 CITY OF I-IUNTINGTON BEACH 2000 Main Street o PO Box 190 e CA 92648 Travis K. Hopkins, PE Department of Public Works Director (714) 536-5431 October 26, 2009 Page 1 of 2 Great West Contractors, Inc. by email: rich@greatwestcontractors.net 4562 E. Eisenhower Circle & US Mail Anaheim, CA 92807 Attn: Richard Wolfinger Re: HB Utility Yard Project, CC 1261 Mr. Wolfinger, The City is in receipt of your letter dated October 15, 2009, wherein you itemized four areas of concern in protest of the bid submitted by The Richardson Group, the apparent low bidder for the Referenced project. This protest was submitted within the prescribed timeframe in accordance with Section B, Item 19 of the Supplemental Specifications. Additionally, you submitted a letter dated October 22, 2009. While this correspondence was submitted after the allowable timeframe to constitute a bid protest, we have reviewed the information as well. We have evaluated your concerns and through communications with The Richardson Group offer the following: Bid Protest Item 1. Error-No Abatement Subcontractor Listed: We have determined that the cost of performing this work is less than $33,150.49, which is '/ of 1 percent of the total bid amount. Therefore, listing of a subcontractor for this work, as part of the bid proposal, is not required as stipulated in Public Contract Code, Section 4104. Bird Protest Item 2. Error-No Low Voltage Subcontractor Listed: As indicated in the Supplemental Specifications, the voice, data, and security systems will be procured separately by the City with the contractor only responsible for conduit, racks and other supporting infrastructure. The fire alarm scope is design/build by the contractor. We, have determined that the cost of performing low-voltage work is less than $33,150.49, which is '/ of 1 percent of the total bid amount. Therefore, listing of a subcontractor for this work, as part of the bid proposal, is not required as stipulated in Public Contract Code, Section 4104. Page 2of2 Bid Protest Item 3. Ommision-Bid Price: Since the bid amount is listed, both in words and in numbers immediately below the "Extended Amount" column, we have elected to waive this irregularity in accordance with Section B, Item 14 of the Supplemental Specifications. Bid Protest Item 4. Omissions-Subcontractor List: Public Contract Code Section 4104 requires that only the name and location of the subcontractor be provided. This Section also allows for a 24-hour time period to submit any additional information requested by the Agency. The Richardson Group has met this requirement within the time period prescribed. Bid Shopping: The City understands the time frame requirements for-requests for a substitution of a subcontractor, due to clerical errors as well as other provisions stipulated in Public Contract Code Section 4100. To date no such request has been made by the Richardson Group, therefore this issue is currently a moot point. While we appreciate your bringing these items to our attention, we do not currently find cause to determine The Richardson Group as "non-responsive" or "non-responsible." Therefore staff intends to recommend award of the contract to The Richardson Group at the City Council Meeting to be held on November 16, 2009. Thank you for your interest in this project. Sincerely, Aod M. Todd Broussard, PE, MPA Principal Civil Engineer cc: Tony Olmos, City Engineer Travis Hopkins, Director of Public Works Oct. 15, 2009 5:45PM Great West Contractors No. 0886 P. 1 GREAT WEST CONTRACTORS, INC. License No.673901 Page 1 of 2 Oct. 15,2009 Via Email&Fax Only CITY OF HUNTINGTON BEACH Attn:Mr.Todd Broussard, PE,MPA Principal Civil Engineer City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 (714)536-5247/(714)374-1573(fax) Email:tbroussard@surfclty-hb.or� Re: Bid#CC No. 1261,UTILITIES OPERATIONS YARD UPGRADE Bid Date;Oct,13,2009 @ 2 PM Subject: Old Protest--The Richardson Group Dear Mr. Broussard: I have reviewed The Richardson Group's bid documents for the UTILITIES OPERATIONS YARD UPGRADE Project (Bid # CC No. 1261). i have found several errors and omissions in their bid documents, which render their bid both incomplete and non-responsive. Please allow me to point out each of these errors and omissions as follows: 1. Error-No Abatement Subcontractor Listed:On its sublist the Richardson Group has failed to list a subcontractor to perform the Abatement scope of work (See Attached Exhibit "A"). An Asbestos Report performed by AmeriSci was included in the bid documents showing positive findings for asbestos in the buildings (See Attached Exhibit "B"). The removal of this asbestos must be performed by a licensed Asbestos Abatement Subcontractor.This work cannot be self- performed by the Richardson Group nor can It be performed by any of the subcontractors on their sublist. The Richardson Group has stated in their bid proposal that it did not include any asbestos removal as part of its bid proposal for this project. On their sublist they state that the Hazardous Materials Abatement Is Not Applicable for this project. Please see their sublist for this project. If the Richardson Group did not include the Asbestos Removal in their bid proposal then they have an incomplete bid and also have provided a bid that is not meeting the full requirements of the plans and specifications. Their failure to Include the asbestos abatement work in their bid leaves their bid less then whole.This also has allowed The Richardson Group to provide a bid with an unfair bidding advantage as they are bidding less than what was required by the plans and specifications. 4562 E.EISENHOWER CIRCLE •ANAHEIM,CA 92807 • (714)777-0977 ^ FAX(714)777-0978 Oct. 15. 2009 5:45PM Great West Contractors No. 0886 P. 2 Page 2of2 2. Error-No Low-Voltage Subcontractor Listed:The Richardson Group has failed to list a low voltage subcontractor on its sub list.This work was required to be listed on their subllst as the scope of work is over '/: of 1% of the value of the prime bid amount. The Richardson Group and their listed electrical contractor,Professional Electrical Contractors (See Attached Exhibit "C")cannot perform this work because they do not have the proper C7 License. If the electrician (P.E.C.) intends to subcontract this work out then It was required to state it in their bid proposal. Because P.E.C.is not properly licensed to perform low voltage (C7)work, (See Attached Exhibit "b") and the work is worth more than % of 1%, P.E.C. was required to inform the bidding general contractor who they Intended to sublet this work to.The Richardson Group would then have been required to list this named subcontractor on its subllst. Once again,The Richardson Group and Professional Electrical Contractors cannot perform this low voltage scope of work and therefore cannot meet the requirements of the bid documents. a. Please be advised that on Sept. 17'h, 2009 1 had a meeting with James 0. Anderson, Enforcement Representative,with the Contractors State License Board, to discuss fisting requirements for another project.I was informed that the general contractor is required to list on its sublist all trades of work that are over Y4 of 1%. This listing requirement applies if the general contractor does not intend to perform the work themselves or are not properly licensed to perform the work themselves. If the subcontractor is listed to perform certain work then they must be properly licensed to perform the work they are listed for. The subcontractor cannot perform work that they are not properly licensed for. I have Included Mr. Anderson's contact information so you can verify the law for yourself(See Attached Exhibit"E"). 3. Omission-Bid Price: The Richardson Group's bid documents are Incomplete and have not been properly filled out.The bid price has not been Inserted into the"Extended Amount" column on The Richardson Group's bid form. 4. Omissions-Subcontractor List: The list of subcontractors is lacking some of the required information. Portions of the subcontractor names are inaccurate and the license numbers and License Class numbers are missing on The Richardson Group's bid form. In summary, the bid documents of The Richardson Group should be considered non-responsive by the City of Huntington Beach. Yours truly, Richard Wolfinger President Attachments(Exhibits A thru E) cc:Dick Wolfinger,Sr.Project ManagerJEslimator rile 4562 E.EISENHOWER CIRCLE -ANAHEIM,CA 92807 • (714)777-0977 • FAX(714)777-0978 0 .A Ustof Subcontractors Huntin goon Beach USifies Operations Yard Upgrade CC No. 1261 Porhbn of Um Vkv* Name end a d&.otrs of Subcontractor State Ltognse Class Number '" Surveying NIA o �n Erosion ConhrcWSendbsgs WA Selective Demalltlon SELL. Ifs a� b{oSk ��kt4ry�►+. CAS. , {l Heasrdous CAaterlsls A.6mtenwt P1fA • � Site DemoHon WA Grading FW Brady t8782Intrepbd Lane Huntington Beach,CA o A Drilled Pleas WA �o Undegxcamd UUIItEea Sandoval 7 Johnson 3220 Falcon Ridge Diamond Bar;CA 0-4 8tunyAhatndaned UHRUw WA. e AspMOo Cancmte Paving Pava West 401 S Harbor BIv6 La Habra,CA Site Conarate Perf=snce 633 S Melrose SE Placentia,CA Omamntal Metes Fer=s&Gabes Ghamplon 2106 N Glassetl grange,CA .. z 0 0 landscapeArrtga8oa Enzo 173M Chase St Northridge,CA <DZ> f rn i RaWoraing Steel NIA o Oct. 15. 2009 5:46PM Great West Contractors No. 0886 P. 4 IT "B59 It was reported by Huntington Beach Utility Department staff that a small amount of hazardous waste (less than six [6] gallons per year of acid waste from water quality testing) is produced by the Water Quality Laboratory located within the Huntington Beach Water Operations Building. The waste is picked up semi-annually for disposal by the city of Huntington Beach hazardous materials (HAZMAT) personnel. No staining, mercury switches, or other suspect hazardous materials were found within the Huntington Beach Water Operations Building. 6.0 RECOMMENDATIONS AND COST ESTIMATES 6.1 ASBESTOS Since Huntington Beach Water Operations Building will undergo significant remodeling and removal of all interior building materials and equipment, Allied recommends that identified ACM be removed for disposal prior to any deconstructive activities. Only ��— trained personnel with proper respiratory protection are authorized to perform the ACM removal activities. Identified ACM are considered Class II non-friable ACM according to California Code of Regulations (CCR), Title 8. Class Il non-friable removal work would involve establishing a regulated containment work area with negative pressure, waste load-out chamber, use of polyvinyl-lined waste containers, and removing ACM with wet methods. Containment work areas need to be cordoned off with barrier warning tape with restricted access to interior work spaces. All asbestos removal at Huntington Beach Water Operations Building must follow the EPA 40 Code of Federal Regulations (CFR) 61, Part M, National Emissions Standards for Hazardous Air Pollutants (NESHAPS) Final Rule-for demolition operations and OSHA 29 CFR 1926.1101-regulated work area requirements. EPA 40 CFR 61, Part M setup the standard of notification requirements and procedures far asbestos emission control for asbestos demolition and renovation. OSHA 29 CFR 1926.1101 regulates the demarcation, access, prohibited activities, and general monitoring criteria of the regulated areas. Allied estimates that the total removal cost of identified ACM to be $10,838 using the following unit price. Estimated costs include containment, equipment and tools, labor, decontamination equipment, personal protection equipment, and waste disposal. Identified ACM Estimated Quantityftz Unit Price Cost $ ( ) (sift ) Penetration roof mastic 28 12.78 356 12"x 12"beige streaked 820 12.78 10,480 floor the and mastic Total 10,838 Hazardous Material Survey Report 7 Huntington Beach Water Operations Building Oct. 15. 2009 5:46PM Great West Contractors No- 0886 P. 5 OCT-4 -2009 13:42 PEC COMPANY ff «C)l 714 978 0270 P.01i02 lalZORSSIQNAL ELECTRICAL CONTRACTORS October 13,2009 Attention. Estimating RE: Huntington Beach Utilities Operations Yard Dear Estimating, PEC appreciates the opportunity to submit a proposal for the electrical portion of the Huntington Reach Utilities Operations Yard proaeot.PEC proposes to furnish all labor,material,taxes and licenses to complete the scope of work with the following elarifioatlons based on electrical drawings 13-0.1 thru ET-5.2 dated 919109, We have included addendum#1. Base Bid Price: $786,200.00 Fire Alarm Price; $24�350,00 Telecommunications Price: $49,250,00 — QUALIFICATIONS: 1, We have Included the use ofcode approved methods for branch&homerun olrouits. 2, We have included new switchgear as shown on single line diagram. 3. We have included grounding as required by code, 4. We have included terminations of new loads In new switchgear. 5. We,have included new transformer pad. 6, We have Included new light fixtures as shown, 7. Wo have included new site lighting fixtures as shown. 8, We have included new motion sensors. 9. We have included power&connection to motorized gate. 10.We have included 1"conduits for card reader&intercom as shown on site plan, 11. We have Included(4)4"Conduits as shown on site plan. 12,We have included 2"Conduit for future PV. 13,We have included l"conduit to generator. 14.We have tnoluded trenching as required. 15.We have lneluded concrete encasement a$required for our trade. 1630 South Sunkist Street ® Suite L ® AnAeirn, California 92806 V, 714,978,0227 • F: 73.4.978.0270 a U,.cn9e#820152 Oct. 15. 2009 5:46PM Great West Contractors No. 0886 P. 6 OCT-,3-2009 13:42 PEC COMPANY 714 978 0270 P.02i02 {l 1BIT "C" Page:2 of 2 RE.' Huntington Beach Ti ltilities Operations Yard October I3,2009 QUALIFICATIONS CONTINUE: 16.We have included power&connection to sand blasters. 17. We have included power device outlets as shown, 18,We have included data outlets with F,conduit stub in ceiling space. 19.We have included power&connection to circulation pumps. 20.We have Included power&Connection to exhaust fans. 21,We have Included power&connection to roof mounted HVAC equipment. 22.We have included power&connection to motorized windows, 23_We have Included cablo tray as shown. 24,We have Included conduit&back boxes for future cameras, 25.We have included power&connection to irrigation controllers. 26. We have included power& connection to security equipment,Security system by others. 27. We have Included Eire alarm&telecommunications systems as per drawings&specs, 28, We have included safb off only,demo by others. EXCLUSIONS i, Plan Check Peas&Permits 2. Access Panels 3. Fixture ceiling wires 4, Saw Cutting and Patch $. Telephone Backboards 6. Mechanical Control Wiring 7, Premium Time 8. Protective Bollards 9. Parking Fees 10,Setting of Motors 11.Abnormal Trenching: Caliche, Granite,Boulders 12.Utility Company Charges 13.Formed Concrete 14,Painting 15,Projection Screens 16.Special Systems RKS.Seourity,Sound,Paging,&CCTV/MATV 17, Off Site Work If you should have any questions,ploagc do not hesltato In contacting me. Sincerely, PEC Kevin Smi President TOTAL P.Oa Oct. 15. 2009 5:46PM Great West Contractors No. 0886 P. 7 — 1 EXMIT 44Y3s' Department of ConsumerAffairs Cefi II Contractors State Ll �1ar Contractor's License Detail - L icense # 820152 DISCLAIMER:A license status check provldes Information taken from the CSLB license database.Before relying on this Information,you should be aware of the following limitations. 5>CSLB complaint disclosure is restricted by law(B&P 7i 24-6).If this entity Is subject to public complaint disclosure,a link for complaint disclosure will appear below.Cllek on the link or button to obtain complaint and/or legal action information. 71 Per B&P 7071.17_only construction related civiljudgments reported to the CSLB are disclosed. dui Arbitrations are not listed unless the contractor falls to comply with the farms of the arbitration. Due to workload,there may be relevant Information that has not yet bean entered onto the Board's license database. License Number: 820152 Extract Date: 10/14/2009 __� .__..._._.............. __ _._.....__...._..__......-----...,................... ,..,..,.......,..v_.....__............._................ PROFESSIONAL ELECTRICAL CONTRACTORS INC Business Information: 1630 S SVNKIST STREET ANAHEIM.CA 92806 Business Phone Number.(114)978-0227 Entity: Corporation Issue Date: 05/28/2003 Expire Date: 05/31/2011 License Status: This license is current and active.All information below should be reviewed. CLASS DESCRIPTION Classlflcatlons: C10 ELECTRICAL CONTRACTOR'S BOND This license filed Contractor's Bond number 9066476 in the amount of$12,500 with the bonding company AMERICAN CONTRACTORS INQ MN111-Y COMPANY. Effective Date:01/0V2007 Bonding: Con racff onding Hisfory BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer(RMO)KEVIN HOWARD SMITH certified that helshe owns 10 percent or more of the voting stock/equity of the corporation.A bond of qualifying Individual is not required. Effective Date:05/28/2003 This license has workers compensation insurance with the SOUTHERN INSUP Policy Number:WSI0016692 Workers'Compensation: Effective Date:04/22/2009 Expire Date:04/22/2010 Workers'Compensation History Personnel listed on this license(current or disaasocialed)are fisted on other Ilcenses. Conditions of Use I Privacy Policy. Copyright®2009 State of California _ ,r.............., ..,,. rn '' -�-—=-- rn,---,.'r rr • ,v_. ;, ---(IT ,A/,A r11AAA Oct, 15. 2009 5:46PM Great West Contractors _.. No. 0886 P. 8 Department of Consumer Affairs Contractors State US #1 1 _ a card Contractor's License Detail (Personnel List) Contractor License#: 820152 Contractor Name: PROFESSIONAL ELECTRICAL CONTRACTORS INC Click on the person's name to see a more detailed page of information on that person. NAME TITLE ASSOCIATION DISASSOCIATION CLASS MORE DATE DATE CLASS KFVIN HOWARD SMITH RMO/CEO/PRES 05/28/2003 C10 More WILLIAM EUGENE MOORE CE0/PRESIDENT 05/28/2003 07/19/2004 MATTHEW BRETT KAUFMAN OFFICER 05/2812003 07/19/2004 Conditions of Use I PrivaQy Policy Copyright®2009 State of California httt,s://www2.cslb.ca.aov/OnlineServices/CheckLicense/PersonnelList.asn?LicNum=820152&Li... 10/14/2009 Oct. 15. 2009 5:46PM- Great West Contractors No. 0886 P. 9 EXHIBIT "E" STATE OF CALIFORNIA Department of Consumer Affairs James O,Anderson Enforcement Representative 11 Contractors State license Board QualityAssurance 12501 E. Imperial Hwy., Suite 630 Norwalk, CA 90650-3179 (909)522-2001 - e joanderson@cslb.ca.gov RCA ROUTING; SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Construction Contract for the Utilities Operations Yard Upgrade Project, CC-1261 COUNCIL MEETING DATE: November 16, 2009 RCA ATTACHMENTS STATUS , Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Appiicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorne ) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Appiicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR;MISSING;ATTACHMENTS; REVIEWED ' + �� . : RETURNED FOR ► D'ED Administrative Staff Deputy City Administrator Initial, City Administrator Initial City Clerk `' ,✓y" EXPLANATION FOR RETUkW ;OF ITEM: ty RCA Author: T. Broussard:jg UT 711LITYNAIM -%0,,EC'g' CC Pd® 1261 � III) PENIN� A' a ®�' ®I32 z13,,2009 ENGINEE&'S IESTIIVIATE _$10,000,000 BADS SUBM TT ED(AS;a2EAD A ,.;OPENING) ....................................:...................... 1 Al Shankle Construction Co >. . .. rZ 2 AMG &Associates 3 AWI Builders 4 Bayley Construction .: ?. 5 Cal Pac Engineering &Construction 6 CAMCO Pacific Construction Company Inc ` :,, 1 7 Delmac Construction &Development, Inc. 8 Demcon Concrete 9 FTR INTERNATIONAL INC ` °' ` . 077 10 G2000 Construction Inc. l 11 GAMUT CONSTRUCTION CO., INC 12 Gonzales Construction 13 Great West Contractors . ? 14 Huffman West _ 15 J.D. Diffenbaugh, Inc. 16 Jaynes Corporation of CA 17 Kemp Bros Construction Inc. 18 Mallcraft, Inc. 19 Metro Builders &Engineers Group Ltd. 20 Minako America Corporation ,= `` QV 21 Minco Construction 22 Morillo Construction _91 _ 0011- 23 10akview Constructors, Inc 24 onvia 25 P.H. Hagopian ov 26 PCN3, INC. 27 PWCI 28 RND Contractors Inc 29 Robert Clapper Const. Ser., Inc. _,O!� D 30 Royal Construction 31 Sandoval &Johnson Construction 32 SSI Systems, Inc. 33 Staples Construction Company 34 The Richardson Groups 35 United Contractors Company Inc. 36 USS Cal Builders Inc. _, ? 37 W.D. Gott Construction 1. 041. 38 Woodcliff Corporation r _ 6 ,-ODi? 39 40 / S ® '® 41 Bid Opening Worksheet- CC1261 OCT 2-- 00) ocl 13 ol 2999 OCT 13 P Ml 1 59 % S T O 00 14 d C I Kjo 633Z Fe CITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 1 90 Huntington Beach , CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Joan L. Flynn Date: September 4,2009 To: City Clerk's Office Project/C.C. No.: C.C. No. 1261 2000 Main Street Regarding: Utility Yard Improvement Project Bid Huntington Beach, CA 92648 ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Invitina Sealed Bids Item# I Copies - Pages 'I Descil tibn 1 1 1 Notice Inviting Sealed Bids for Utility Yard Improvement Project, CC No. 1261 2 3 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2008-54 (adopted on 9/2/08), the City Council authorized the advertisement of the above listed project. Please find attached the Notice Inviting Sealed Bids for advertisement on 9/10/09, 9/17/09 and 9/24/09. The bid opening is scheduled for 10/13/09 at 2:00 PM. Please contact me at 536-5247 with any questions you ma ve. By: J I,� Todd Broussard, Principal Civl Eng veer c: file GACONSTRUCTION CONTRACTS(CCs)\CC1261 WATER YARDMASTER PLAN ImFROvEMENTS\ENGINEERING\BID DOCS\NISB TRANsmrrAL To CLERK-CC-1261 UTILTPY YARD.DOC !P/f-7 /0� SECTION A NOTICE INVITING SEALED BIDS for the UTILITIES OPERATIONS YARD UPGRADE CC No. 1261 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on October 13, 2009. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $375 nonrefundable fee if picked up, or payment of a $400 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The Work generally includes improvements to Utilities Operations Yard including the renovation of an existing building, construction of two new buildings and an addition to an existing building, new covered material storage and fluoride tanks, and a new covered fleet and equipment storage area. Site work includes underground utilities, paving, hardscape, landscape, and related appurtenant work not mentioned above but required in accordance with the Contract Documents. The Work is located at the South West corner of Garfield Avenue and Huntington Street in Huntington Beach, CA. The project schedule is three hundred-eighty (380) working days. The engineer's preliminary estimate for the work is approximately$10,000,000.00. An advisory pre-bid meeting and walk-through of the site will be held on October 1, 2009 at 10:00 AM at the Utilities Operations Yard located at 19001 Huntington Street in Huntington Beach for the purpose of reviewing bid documents, receiving bidder questions and reviewing the site. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 2nd day of September 2008, by Resolution No. 2008-54. Attest: /s/Joan L. Flynn CITY CLERK THE CITY OF HUNTINGTON BEACH Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California,under date of Aug.24, 1994, case I SECTION A A50479. i NOTICE INVITING SEALED BIDS BB OO1' O for the" _No bid'shall be"consid- i UTILITIES OPERATIONS* erect:unless it,is pre- ]PUBLg T �T YARD UPGRADE pared:on .the approved ICATION Proposal forms in con- CCNo..1Z61 . f'ormance with„..the, Ifl tfle Instructions to Bidders. A The bid must be accom- panied. by a ,certified STATE OF CALIFORNIA ) AT IFOR I A ) check, 'cashier's check, STATE LJL j`ril� J uTYDE.• or'bidder.'s.bond made payable to the AGENCY HUNTINGTON BEACH for.an amount.no. less T��T ) SS. PUBLIC NOTICE IS+ than 10%'of the amount, CO NTY OF ORANGE ) HEREBY GIVEN that the: bid. The successful biG- CITY'OF HUNTINGTON- der-shall be licensed,in BEACH,'as.AGENCY, in accordance=with provi vites sealed bids for the sions of the Business above 'stated ,projects and 'Professions Code am the Citizen of the United States and a and will ,receive such' and shall possess �a bidsAn the office of the, State. Contractor's Li- resident of the Count aforesaid; I am over City clerk,Second Floor; cen'se Class at the.time y 2000 Main Street, Hun-! of the bid opening: The the age of eighteen years, and not a party tington Beach,California' successful-, Contractor 92648;up to the hour of and his subcontractors to or interested in the below entitled matter. 2:00 PM on.October.13; will be required to'pos- 2009. Bids will be pub-; sess business licenses am a principal clerk of the HUNTINGTON i licly,open in.the Council; from the AGENCY. p p Ct ambers'unless'other- The-.Work generally;in" BEACH INDEPENDENT, a newspaper of wise posted.' dudes improvements to, Copies of the'Plans;' Utilities Operations;Yard general circulation rinted and ublished in Specifications;and con-: including the renovation o p p , tract. documents are( of an existing building, the City of Huntington Beach County of available ectorof Public construction of two new � of the Director of Publicf buildings and an addi-. Orange, State of nd the weeks; Hunti'Ma on lion. g, a existing California,� Street;''. Huntington; building, new covered attached Notice is a true and complete copy ! Beacn, CA 92sas,'upon material storage and flu- ' payment of a.$375 non-! oride tanks, and'a new as was printed and published on the refundable The if picked' covered' fleet and p P up, or payment of 'af equipment storage'area. $400 nonrefundable fee': Site work:includes`un- fOIIOWIng date(S): derground utilities; pav- i:if mailed via U.S. Postal' j,ing, hardscape,, land- ! ` Service;,Fe`dEx', UPS�or anysother delivery ser-` I scap-e, and related vice. appurtenant work 'not f entered ,in Any contract tioned above but re-- ` " . , 1 into- pursuant to' this quired' in` accordance notice will .incorporate with .the.Contract Doc- the provisions of the uments. The Work is located. at the South l State Labor Code. Pur- suant to j I the provisions West corner of Garfield ' of the Labor Code'of the Avenue and;Huntington ' September 10, 17, 24, 2009 f State of California, the Street Huntington ' minimum prevailing rate Beach le:i . project of per diem wages for schedule :is three ' each craft,classification hundred-eighty (380) or type of'.workman working,days. The en-, needed to execute the . gineer.'s preliminary es contract shall be those timate for the work,is determined,by the Direc'- . a p p r o x i in a t e,l y j tor 'of Industrial Rela- $10,000;000.00.` 'tions of the State of An 'advisory 'pre-bid California, which-are on meeting 'and "walk file at the,Office of the through 'of ttie site will Director of Public be held on October'].,,: l declare, under penalty of perjury, that the Works, r2000 Nlain 2009 at 10:00 AM attbe Street, Huntington Utilities Operations Yard I foregoing is true and correct. Beach,CA 92648..'-1, located 'at 19001-Hun- `The._AGENCY will.' de duct'a 10% .retention tington .Street in r 'the 11 from all'progress pay- tington of for the ments.'The Contractor purpose,of reviewing bid may' substitute an 'es-' dodder questions an fee- I Executed on September 24, 2009 crow holder suretyof bidder questions and're- I viewing the site. i equal Galue to the reten- The AGENCY reserves i at Costa Mesa, California tion.in accordance'with the right to reject any i the ,provisions of the or all bids,to waive any California ,Government irregularity and to take Code;,Section 4590.The all bids 'under' advise- Contractor`. shall be ment for a maximum beneficial owner'of.the perio&of 60 days., SO rety-and shall receive BY ORDER of the CITY`i anyinterest thereon.' COUNCIL of the CITY OF. Signature T,he. AGENCY hereby HUNTINGTON. BEACH, i affirmatively ensures CALIFORNIA,- the, 2nd'{ that 'minority business day of September 2008, I enterprises'will ,be af- by:Resolution No. 2008- forded full 'opportunity 54. j to submit bids in're Attest sponse to 'this notice jsj Joan L Flynn. and_will not be dis Joan criminated `against ;on` THE CITY OF -the basis of race,.color, HUNTINGTON BEACH national origin;, ances= 'Published Huntington try',`sex; or.religion'in Beach Independent Sep`` any consideration' lead temtier`10; 17,'24, 2009 ,mg -to, the award. of 092-836 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California,under date of Aug.24, 1994,case A50479. SECTION A NOTICE INVITING - — — " No bid shall be consid SEALED BIDS eyed unless• it is :pre- PROOF OF for the pared on the approved UTIUTIES OPERATIONS Proposal forms in<con ;formance with :the PUBLICATION I, YARD UPGRADE Instructions;to Bidders.'; CC No.1261. The bidmusi be accom- panied by a- certified in the 'check,.cashier's.check, or bidder'sbond made to theNCY STATE OF CALIFORNIA ) ► CITY Of foyaaneamount no-less ess HUNTINGTONHACH than,10%:of:the amount SS. '-PUBLIC 'NOTICE• IS bid. The successful bid- �7�,7 q� HEREBY GIVEN that the der shall be licensed in ' COUNTY T l ®�j' ORANGE ) CITY OP;HUNTINGTON accordance with..provi- -sions of :the Business BEACH,.as':AGENCY,,in- and Professions Code vites seale"d,bi'4s.for the. land -shall possess'-a above".statedr,projects State Contractor's' Li am the Citizen of the United States and a and bids in the, will receveffice o of the of the bid oat the esuch cerise class pg time opening. The resident of the County aforesaid; I am over i City.clerk;Second Floor, successful: Contrractor 2000 Main'Street, Hun- and his. subcontractors ; the age of eighteen years and not a party i 92648ti Beach,California will be required to licenses 92648;up to the hour of sess business licenses ' to or interested in the below entitled matter. 2:00 PM on October 13;' from the AGENCY. i 2009_ Bids will'be pub- The Work'generally in- am a principal clerk of the HUNTINGTON Chambers open in u the Council eludes improvements to. p p Chambers unless other- wiseUtilities Operations Yard.` BEACH INDEPENDENT, a newspaper of 6piestef'-t including the renovation Copies of the�Plans, of an existing building general circulation printed and published in specifications, a°aeon- construction of two new g , p p tract documents are buildings and an'addi" the Cityof Huntington Beach Count of available from the Office I tion to existing g y ot'the Director of'Public I building, new covered Orange State of California and the works, 2000 Main material storage andnew l Street, .Huntington oxide Tanks, and a new Beach; CA 92648„upon r covered fleet an i attached Notice is a true and complete copy payment of a-$375 non-' ' equipment storage area. refundablg fee,if picked Site work includes.un- as was printed and published on the up; or payment of a- derground utilities, pav=, i $400 nonrefundable fee• Ing, .hardscape, land- following date(s): if mailed via U:S. Postal scape, ,and related _ Service, FedEx,.UPS or appurtenant 'work not any,other delivery`ser ;mentioned above but re- vice. quired' .in' accordance Any' contract entergd with the Contract Doc- into pursuant,to' this uments. The,'Work ,is notice.;will `incorporate located at the South the provisions of the, West corner of Garfield State Labor Code.'Pur Avenue and'Huntington suant to the provisions Street ,in` Huntington l of the Labor Code of then Beach.' CA..The project.; State:of California,,the ; 'schedule is three= September 10, 17, 24, 2009 minimum prevailing rate --- —Of per diem' wages•for huhdred,-eighty (3,80) each craft,classification working;A'ays. The en or. type of workman gineer's'preliminary es needed to execute the i timate. for the work is contract,shall be th r ose•, a p p o x i ina.t e l y determined by the.Direc=i $10,000,000.00:;_ for of Industrial"Rely-t An advisory pre-,bid', tions of the State'•off meeting `and walka;' California;::which are.on, �through 'of the'site will - fiie.at the Office of the be held on October!J, he declare, under penalty of perjury, that the Works, of ' Main 2009 at Operations- io at.ard Works, ' 2000' Main �Utilities Operations Yard Street;, Hunti.n:gto,w located at 19001 Hun- foregoing is true and correct. Beach;CA92648.'' tington'Street in Hun,- The.AGENCY will de-` tington Beach for the duct a 10% retention purpose of reviewing bid from all-progress.pay- lAocuments,: receiving meats.;The; Contractor bidder question`s and re mayttjsubstitute :an'` es- viewing the site.' Executed on September 24, 2009 crow,(holder surety .of The AGENCY reserves, equal value to the reten- the,right to reject anyl at Costa Mesa, California tion in•accordance with or all bids,to waive any; the ;provisions of the irregularity and to take) California ..Government all bids. under advise-; Code, Section-4590'.The merit for`a maximum!, Contractor•, shall be period of 60 days beneficial owner of.the BY ORDER of.the CITY; surety,and shall receive COUNCIL of the CITY'OFi Cam' L� any interest thereon. HUNTINGTON .BEACH,' The:: AGENCY '.hereby >CALIFORNIA;: the. 2nd'1 Slgnatur affirmatively ensures !day of September 2008;'. that minority business. I by Resolution No. 2008-1 enterprises, will be. af- 54.- forded;full opportunity Attest: to submit'bids`in re js/'Joan L:Flynn' sponse ;to this notice CITY CLERK, and will ,not be dis- THE CITY OF criminated' against' on HUNTINGTONBEACH` the basis of race, color,• Published' Huntington.'. national ongm antes Beach Independent.Sep- try sex,: or religion in ternber 10, 17 24, 2009 any considerairofi,'lead 092-836 ing. to ,the award of