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HomeMy WebLinkAboutVadnais Corporation - 2006-07-17RECEIVED BY: (Name) ! 8110) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH 10. La INTERDEPARTMENTAL COMMUNICATION TO Sha Freidenrich, City Treasurer FROM C `11I r DATE: O SUBJECT. Bond Acceptance I have received the bonds for 1A—b1tj/S AIP—oO. (Company Name) p/ Faithful Performance Bond No. a d 9®� lO Labor and Material Bond No. �(�( �� Q 9 6 b Monument Bond No. Maintenance Bond No. Re: Tract No /- CC No A�b 9 MSC No Approved 06 Agenda Item No. (Counci Approval Date) City Clerk Vault No. #27 g tfollowup/bondletter doc It P.ECE I,y 2006 JUL -6 PM 12: 214 O I %' O'L L `t 05 Council/Agency Meeting Held: Flti3 i iNICT Deferred/Continued to: > A ro ed ❑ Conditionally Approved ❑ Denied ity rk's gnatur Council Meeting Date: 7/17/2006 Department Number: PW 06-047 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AN CITY NC1L MEMBERS SUBMITTED BY: PEN LOPE C LBRETH-GRAF , DP A T ADMINISTRATOR PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR O PUBLlC WOR SUBJECT: Award Construction Contract for the Warner Avenue Gravity Sewer; CC-1269 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On June 27, 2006, bids were received for the Warner Avenue Gravity Sewer Project, CC-1269, and the project is ready to be awarded. A component of project funding is a contribution from the Sunset Beach Sanitary District (SUNSET) that requires an amendment to the current agreement between SUNSET and the City. Funding Source: Funds are budgeted in the Sewer Service Fund, 51185201.82600. Funding for this project includes Sewer Service Charge User Fees and an agreement with SUNSET. SUNSET will reimburse the City's Sewer Service Fund $80,000 per year over a ten-year period, plus approximately $300,000 for specific work items. The engineer's cost estimate for this project is $5,900,000. 0= N ? 4 C i-1 Recommended Action: Motion to: 1. Approve the project plans and specifications for the Warner Avenue Gravity Sewer, CC- 1269; 2. Accept the lowest responsive and responsible bid submitted by Vadnais Corporation, in the amount of $6,118,725.00; 3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; 4. Authorize the Director of Public Works to expend up to fifteen percent (15%) in construction change orders; and 5. Authorize the Mayor and City Clerk to execute Amendment No. 1 to the Agreement between the City of Huntington Beach and the Sunset Beach Sanitary District. Alternative Action(s): Reject all bids and direct staff on how to proceed. , REQUEST FOR ACTION MEETING DATE: 7/17/2006 DEPARTMENT ID NUMBER:PW 06-047 Analysis: This project will construct 4,100 feet of new gravity sewer main along Warner Avenue, from Pacific Coast Highway to Los Patos Avenue. The project will be built in conjunction with the ongoing replacement of Sewer Lift Station "D", allowing for the abandonment of existing Lift Stations "B" and "C". The construction of the new gravity sewer is intended to save both capital and operating costs by reducing the number of sewage lift stations to be maintained. This project was previously advertised for bid in December 2004. The bids received were substantially in excess of the initial $3.3 million estimate and the City Council subsequently rejected all bids. In the post -bid analysis, it was discovered that the increased cost of steel and the specialized construction method contributed to the bids coming in significantly higher than anticipated. Staff reviewed the design with the consultant, and revisions were made in an effort to reduce costs. Additional funds were also budgeted in the Sewer Service Fund for the project. Bids were opened publicly on June 27, 2006, and are listed in ascending order: Rank Bidding Contractor Bid Amount 1. Vadnais Corp. $6,118,725.00 2. James W. Fowler $6,204,110.00 3. Michels Pipeline $7,195,391.00 4. Affholder, Inc. $7,796,100.00 5. Mladen Buntich $8,310,600.00 6. BRH Garver $8,354,950.00 The reference check for Vadnais Corporation provided acceptable responses from past clients. Staff recommends that the City Council accept the bid from Vadnais Corporation as the lowest responsive and responsible bidder. A contingency of approximately 15% is requested for this project due to the complexities of the construction, depth of the excavation and potential for unforeseen conditions. These funds are intended for use only in the event that field conditions warrant an additional expenditure. In compliance with Resolution No. 2002-119, prior City Council authorization is necessary so that construction will not be delayed. Amendment No. 1 to the Agreement between the City of Huntington Beach and the Sunset Beach Sanitary District (SUNSET), allows for a monetary contribution toward this project. Special consideration in the design of this project allowed for the abandonment of SUNSET's existing sewer lift station, located near the intersection of Pacific Coast Highway and Warner Avenue. Abandonment of its lift station and construction of a new gravity sewer line is part of the project. The agreement obligates SUNSET to fund these improvements, totaling approximately $300,000. The City will pay the contractor for SUNSET's expenses during the construction and SUNSET will reimburse the City immediately after the project is completed. In addition, SUNSET agrees to contribute $800,000 over a 10-year period, to go toward the funding of the overall project. D:\Documents and Settings\bazantd\Local Settings\Temporary Internet Files\OLK87\06-047 July 17 Erdman (Award Warner Avenue Gravity Sewer).doc -2- 7/5/2006 2:33 PM REQUEST FOR ACTION MEETING DATE: 7/17/2006 DEPARTMENT ID NUMBER:PW 06-047 Public Works Commission Action: The Public Works Commission reviewed and unanimously approved this project on June 18, 2003. Environmental Status: Pursuant to the California Environmental Quality Act (CEQA), the project requires a Negative Declaration. COASTAL DEVELOPMENT PERMIT 03-15 and MITIGATED NEGATIVE DECLARATION NO. 03-01 were acted upon by the Zoning Administrator of the City of Huntington Beach on November 17, 2004, and conditionally approved. Attachment(s): 1. 1 Location Map 2. 1Amendment No. 1 to Agreement between City of Huntington Beach and Sunset Beach Sanitary District (3 copies) G:\R C A\2006\06-047 July 17 Erdman (Award Warner Avenue Gravity Sewer).doc -3- 6/30/2006 3:23 PM ATTACHMENT #1 WARNER AVENUE GRAVITY MAIN, CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS STATION D LOCATION CC# 1269 SCALE: 1" = 500' ATTACHMENT #2 AMENDMENT NO. i TO AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND SUNSET BEACH SANITARY DISTRICT This AMENDMENT is made and entered into this L 7 'day of S. . /.Y , , 2006 by and between the CITY OF HUNTINGTON BEACH, a California Municipal Corporation, hereinafter referred to as "CITY" and SUNSET BEACH SANITARY DISTRICT, hereinafter referred to as "SUNSET", a special district governed by the provisions of the Sanitary District Act of 1923,- WHEREAS CITY and SUNSET are parties to that certain agreement dated April 2, 2001 entitled "Agreement for the Conveyance of Wastewater Between the City of Huntington Beach and Sunset Beach Sanitary District" whereby SUNSET was afforded a capacity right in CITY's existing and expanded wastewater facilities, which agreement shall hereinafter be referred to as the "Original Agreement"; and WHEREAS CITY has entered into a contract hereinafter referred to as "Existing Work" for the construction of certain pump stations and certain sewer lines at a depth and location which will substantially reduce capital, operation and maintenance costs which SUNSET would otherwise incur provided it remains connected to CITY's sewerage system. WHEREAS, CITY is about to let a separate contract for certain construction work, hereinafter "Proposed Work", which will provide a point of connection between the existing sewerage system of SUNSET and CITY's sewerage and pumping plant system. CITY will include in this contract a separate bid item which will define the cost of connecting the CITY's sewerage system to that of SUNSET. WHEREAS CITY and SUNSET desire to agree on the compensation that is due from SUNSET to CITY for said connection and for the benefits to be derived by SUNSET from the manner in which the sewers and pumping plants of CITY will be constructed. NOW, THEREFORE, it is agreed between CITY and SUNSET as follows: I. DESIGN, BUILD AND CONSTRUCTION SERVICES FOR SUNSET'S NEW GRAV TY SEWER CONNECTION. CITY will let for public bidding a contract for the construction of approximately 240 feet of 18-inch connector pipe designed by SUNSET between SUNSET's Warner Avenue pumping plant and a point at the intersection of Pacific Coast Highway and Warner Avenue as more particularly described in the CITY's plans and specifications, which are hereby incorporated by this reference, in a manner that will enable SUNSET to abandon its existing Warner Avenue pumping plant. 4824-4285-5424. t CITY has listed this work as a separate bid item within the larger construction contract, with the cost of said bid item estimated at $300,000. At such time as the bids for the Proposed Work have been received and opened, the bid item pertaining to the work described above shall be referred to the Board of Directors of SUNSET. SUNSET's Board of Directors shall have the right to approve or reject said bid item. In the event that said bid item is rejected, this Article 1 of Amendment Number I shall be of no further force or effect. In the event that said bid item is accepted by SUNSET's Board of Directors, SUNSET shall pay to CITY the amount actually expended by CITY in reference to said bid item, no later than thirty-five days after the daze CITY records a Notice of Completion with respect to the Proposed Work. CITY shall be responsible to inspect and administer the contract for the Proposed Work and for making all payments due to the contractor. SUNSET BEACH shall have no responsibility to the CITY or to any other party with respect to the Proposed Work other than making the payment described above within the time provided 2. ALLOCATION OF EXPENSE OF EXISTING WORK OF CONSTRUCTION The parties have determined that the sum of $800,000 is SUNSET's fair share of the CITY's cost to design, administer and construct the Existing Work. CITY and SUNSET agree that SUNSET will pay to the CITY, without interest, this amount in yearly installments of $80,000 for ten consecutive years for a total cost sharing amount of $800,000. The initial payment will be made by SUNSET on or before February 1, 2007, and each successive payment will be made on the anniversary of that date. 3. INSURANCE AND INDEY With respect to the Proposed Work CITY agrees to require its contractor to furnish to the CITY and to the DISTRICT a policy or certificate of liability insurance in which the CITY and the DISTRICT are named as an insured or an additional insured with the contractor. The policy furnished by the contractor shall be issued by an insurance company authorized by the Insurance Commissioner to transact business in the State of California with a policyholders rating of B+ or higher and a financial class VII or larger. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement, the CITY and DISTRICT shall be the insured or an additional insured in respect to the Proposed Work whether liability is attributable to the contractor, the CITY or the DISTRICT. The policy shall insure the CITY and the DISTRICT, their officers, employees and agents while acting within the scope of their duties on the Proposed Work, against all claims arising out of or in connection therewith. The coverage shall provide the following minimum limits: 48244285-54241 2 Bodily injury Each occurrence limit $1 million Products/Complete Operations aggregate limit $1 million General aggregate limit $1 million. Property Damage $200,000 each occurrence, $500,000 aggregate. The agreement between the CITY and its contractor shall further provide that the contractor shall save, keep and hold the CITY and the DISTRICT, their officers and agents and employees harmless from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing the Proposed Work which may be caused by any willful or negligent act or omission by the contractor, and any of the contractor's employees, or any subcontractor. Neither the CITY nor the DISTRICT will be liable for any accident, loss or damage to the Proposed Work prior to its completion and acceptance. All liability insurance policies shall bear an endorsement or have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the CITY and the DISTRICT shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than 30 days before expiration or cancellation is effective. 4. REAFEU MATION The foregoing provisions shall amend the contract dated April 2, 2001 by an addition to said contract. Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties who have caused this Agreement to be executed by and through their authorized officers on SUNSET BEACH SANITARY DISTRICT CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: COUNTERPART 4824-4285-5424.1 3 IN WITNESS WHEREOF, the City of Huntington Beach has executed the aforesaid AMENDMENT NO. 1 TO AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND SUNSET BEACH SANITARY DISTRICT by and through its authorized officers on 2006. REVIEWED AND APPROVED: Citj Administrator INITI TED AND APPROVED: Director of Public Works d"'� "4� Mayor City Ierk 61 APPROVED AS TO FORM: ity Attorney ��- lfin` SUNSET BEACH SANITARY DISTRICT P.O. Box 1185 Sunset Beach, California 90742 (562) 493-9932 Minutes for the General Meeting of the Board of Directors April 13th, 2006 - 7:00 p.m. Sunset Beach Woman's Club President Woods called the meeting to order at 7:00 p.m.. The following directors were present: President John Woods, Secretary Bob Hendler, Treasurer Greg Griffin, and Bill Bruton. Rob Argetsinger was absent. The following staff were present: Superintendent Jim Caslin, Engineer Tom Dawes and Chris Montana as clerk. Minutes of the March 9', 2006 meeting: The Directors read the minutes of the March 9`h, 2006 meeting. Director Griffin moved to approve the minutes as read. Director Hendler seconded. Approved unanimously. Current Bills: The Directors reviewed Claims Transmitted for Payment, dated April 131', 2006, in the amount of $182,305.80, plus SCE electric bills to be received which totaled $821.94, for a grand total of $183,127.74. Director Griffin moved to approve the Claims as prepared. Director Hendler seconded. Approved unanimously. Treasurer's Report - Fund Balance: Treasurer Griffin reported the Fund Balance as of March 31, 2006 to be $894,418.13. Superintendent's Maintenance Report: See attached. Engineer's Report: See attached. MOTION: Director Hendler moved to void Amendment #1 to the Agreement with the City of Huntington Beach dated April 2, 2001, which had been approved at the January 12"', 2006 meeting, and to accept the new Amendment # 1 which provides that the Contractor, rather than the City of Huntington Beach, will indemnify the District. All other terms of the agreement remain the same. Director Griffin approved. Passed unanimously. Adjournment: Director Hendler moved to adjourn the meeting. Director Griffin seconded. The meeting was unanimously adjourned at 8:30 p.m. t n Woods, President ob e dler, Secretary RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Construction Contract for the Warner Avenue Gravity Sewer; CC-1269 COUNCIL MEETING DATE: July 17, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Cl Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Ap licable ❑ Contract/Agreement (w/exhibits if applicable) Attached Not Applicable ❑ Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. Attached Not Applicable ❑ (Approved as to form by City Attorney) Certificates of Insurance ( Approved b Attorne y the Ci � y) Attached Not Applicable ❑ � Fiscal Impact Statement (Unbudget, over $5,000) Attached Not Applicable ❑ 0 Bonds (If applicable) Attached Not Applicable ❑ Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached Not Applicable El s/Conditions for Approval and/or Denial g pp Attached Not Applicable ElFindin EXPLANATION FOR MISSING ATTACHMENTS EXPLANATION FOR RETURN OF ITEM: RCA Author: D.Erdman CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 1, 2006 Sunset Beach Sanitary District P. O. Box 1185 Sunset Beach, CA 90742-1185 To Whom It May Concern: CALIFORNIA 92648 Enclosed for your records are two executed originals of Amendment No. 1 to the Agreement Between the City of Huntington Beach and Sunset Beach Sanitary District. Sincerely, Joan L. Flynn City Clerk JF:pe Enclosure: Agreements G: fo11owup:agrmtltr Telephone: 714-536-5227 ) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND VADNAIS CORPORATION FOR WARNER AVENUE GRAVITY SEWER PROJECT (CC-1269) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 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. ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND VADNAIS CORPORATION FOR WARNER AVENUE GRAVITY SEWER PROJECT (CC-1269) THIS AGREEMENT ("Agreement") made and entered into this day of S.T-- . , 200_&, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and VADNAIS CORPORATION, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Warner Avenue Gravity Sewer Project (CC-1269) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the 06-381/2905 1 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; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public 06agree/vadnas 2 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 "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. 06agree/vadnas 3 Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Six Million, One Hundred Eighteen Thousand, Seven Hundred Twenty -Five Dollars ($6,118,725.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within two hundred (200) consecutive working from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that 06agree/vadnas 4 will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of. other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 06agree/vadnas 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, 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 06agree/vadnas 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of One Thousand Dollars ($1,000.00) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable 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 06agree/vadnas 7 may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension 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 06agree/vadnas 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of . such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. 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. 06agree/vadnas 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, 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 06agree/vadnas 10 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 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. 06agree/vadnas I I 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 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 06agree/vadnas 12 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. 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 06agree/vadnas 13 may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; 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, 06agree/vadnas 14 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. 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. 06agree/vadnas 15 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 plus seven and one-half percent (7 '/2 %) for overhead and profit less all such payments already made. 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. 06agree/vadnas 16 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 TO CONTRACTOR: Vadnais Corporation ATTN: Paul J. Vadnais 9164 Rehco Road San Diego, CA 92121 - 06agree/vadnas 17 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, 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. 06agree/vadnas 18 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, 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. 06agree/vadnas 19 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. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge. and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 06agree/vadnas 20 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. VADNAIS CORPORATION, A Californ' ra on By: Paul Vadnais print name ITS: (circle one) Chairm residen Vice President D Jeff Anderson print name ITS: (circle one) Secreta Chief Financial Officer/. Secretary - Treasurer REVIEWED AND APPROVED: C y Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ity Clerk 1 APPROVED AS TO FORM: City Attorney b(I n I . Z FA 4liffiffir 06agree/vadnas 21 �Xtfiarr '1�"' SECTION C PROPOSAL for the WARNER AVENUE GRAVITY SEWER at From Los Patos Avenue to Pacific Coast Highway PROJECT No. CC-1269 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 200 working days, starting from the date of the Notice to Proceed, and complete all necessary submittals within 40 working days from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. City of Huntington Beach — Warner Ave. Sewer C - 1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidder's Bondn the amount of $ 1"0 of totalwhiohnt bid 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: MW Addenda No. Date Received 's_S�gnature 1�1�1f1 � 4 -- City of Huntington Beach — Warner Ave. Sewer C - 2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an,amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class S Gf �C Gh� ��,_g f m e D� y' `7Q V3 ` �"J `CIC 1/D yZ L Y��jj S f0.6�.. eaf z V ee& r 6- w r`11J Gl/St ref 6 O-� ifs it1r1 GP rf.�'7 l� L' 'Z S- 70 -- S' .C,r d &,-e4 6f Z Wd'f7V c -� By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. City of Huntington Beach — Warner Ave. Sewer C - 3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an,amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of 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. City of Huntington Beach — Warner Ave. Sewer C - 3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an,amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License I Class -11 of Work I I Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. City of Huntington Beach — Warner Ave. Sewer C - 3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss County of Orange Paul J . Vadnai s , being first duly sworn, deposes and says that he or she is President of Vadnai s Corporation the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or share; 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. Paul J. Vadnais Name of Bidder Signature Oidder 9164 Rehco Road, San Diego, CA 92121 Address of Bidder ADRIENNE C. STRAND Subscribed and swornto before me this 26th da of June , 200 COMM. #1475955 —— �' �' 0 r.« NOTARY PUBLIC-CALIFORNIA V SAN DIEGO COUNTY 0 My Commission Expires t MARCH 11, 2008 NOTARY PUBLIC Adrienne C. Strand, Notary Public NOTARYSEAL City of Huntington Beach — Warner Ave. Sewer C - 4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Warner Avenue Gravity Sewer, (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. Vadnais Corporation Contractor By PXe J. Vad.nais President Title Date: 6/27/06 City of Huntington Beach — Warner Ave. Sewer C - 5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. City of Huntington Beach — Warner Ave. Sewer 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. Vadnais Corporation Contractor By ul J. Vadnais President Title Date: 6/27/06 City of Huntington Beach — Warner Ave. Sewer C - 7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor as Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. City of Huntington Beach — Warner Ave. Sewer C - 8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Vadnas Corporation Bidder Name 9164 Rehco Road Business Address San Diego CA 92121 City, State Zip ( 858 ) 550-1460 Telephone Number 255709 A State Contractor's License No. and Class 12/4/68 Original Date Issued 4/30/08 Expiration Date The work site was inspected by Paul J . Vadnai s of our office on 6/6 , 20 0� The following are persons, firms, and corporations having a principal interest in this proposal: Paul J. Vadnais, President & Treasurer Jeff Anderson, Vice President V Secretary City of Huntington Beach — Warner Ave. Sewer 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. Vadnais Corporation Company Name? Signature of Paul J. Vadnais Printed or Typed Signature AORtENNE C. STRAND Subscribed and sworn to before me this26thday of June , 20045. ;� COMM. #1475955 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY n My Commission Expires MARCH 11. 2008 A A NOTARY PUBLIC Adrienne C. Strand, 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. City of Sacramento, 1395 35th Street, Sacramento, CA 95822 Name and Address of Public Agency Name and Telephone No. of Project Manager: Brett Grant 916-808-1413 $3,725,395 Shaft Construction & Microtunneling 12/04 Contract Amount Type of Work Date Completed 2. Sacramento Regional County Sanitation District 700 H St. Sacramento, CA 95814 Name and Address of Public Agency , Name and Telephone No. of Project Manager: Joel Nonnweiller 916-876-6052 $1,377,308 Microtunneling 8/05 Contract Amount Type of Work Date Completed 3. Eastern Municipal Water District 2270 TrumblP Rd Perris, CA 92572 Name and Address of Public Agency Name and Telephone No. of Project Manager: Jim Wyatt 951-928-3777 $2,924,877 Microtunneling 4/06 Contract Amount Type of Work Date Completed City of Huntington Beach — Warner Ave. Sewer C - 10 lend* Item 43 —Revised Did. Schedule BID SCHEDULE FOR WARNER AVENUE GRAVITY SEWED MAIN Item Dewription Quantity U>a.ft price Eked No. & -Unit Price 1. "blamer Avenue Gravity Sewer°° mobilimlion, I LS S ?� L6__j.oZ2 $ 2? S,000 Q demobili2ation, insurance, bonds. ttd Permits. 2. Document Pre -construction and Post -construction site I LS condition& 3. RaceivWntermediate Shaft and manhole construction wirhie 3 EA S dVIe sb4 complete with appurtenances, as noted on drawings or specified. 4. Jacking Shafts and manhole construction within shafts, 5 fiA SZ4 $ � complete %rith appurtenances. as noted on drawings or Specified. 4a. Jacking Shaft for Sunset Beach Lift Station, including 1 EA $ly� $--Zy46&0 manhole construction within shafts, complete % tlt urtenances as noted on drawinp or specified, eciB,ed, S. Microtunneling: Directly -lacked Microtunnel Pipe Installation 3,458 LF S 7ee — Sa3 Y2, Edo including cost of Microtunnel Jacking Pipe (Stations 9+90 to 30+95 and 36+95 to 50+20) See Specifications for approved pipe manufacturer„ 6. Mierohuuteling: Two- pass Steel Casing / 24-inch C-905 PVC 600 LF (Stations 30+95 to 36+95) (All costs for Bid item 6 included in 2003 WWG Seotion 306-8.4. 6n, Mirotunneliag,. Two -pass Steel Casing I I0-inch C-900 PVC 241 LF (Stations 46+75 to 44+34 adjacent to Sunset Beach Lift Station) (All costs for Bid lion 6a included in 2003 SSpNVC) Section 306-8.4. 7. Contingency plan: Buried Obsvuation in Stream Crossing near Sta. 36+00 Emergency Retrieval Shag, Back Tunnel and. Resumption of Microtunnel' 7A. Emer enc Access Shaft I LS S � $ o 000.00 7B. Back Tunnel — 80 linear feet i LS $ oo $ o State tunneling method here 7C. Resumption of Microturmclitta 1 LS SiL 0010 0-9 Is $ z� 000 00 8. Traffic Control. I LS . 9. "Warner Avenue GriAty Sewer" 6pen-cut installations, and 1 LS $ day ` $ — sewer tie-ins Jncluding all a Urtenant work. IQ, Abandonment of existing sewer pipelines as show•* or 1 L$ s ecified. 11. As -Built Plains. 1 LS Total 'Bid amount iin Words !// &fit' e4r_ / Ie� TOTAL Bid Amount in Figure $____1' r City of Huntington Beach Addenda # I —Page 3 Warner Ave. Sewer Additive Alternative Bid Items: 12 Work at Existing Lift Station `B" 1 LS szW11111 S3oTyO' 12.1 Demolition and disposal of Interior & Exterior Piping, Ductwork, Condixit,'%firing and E ui meat 12.2 Filling Lift Station "B" with Lean. Mix Concrete 1 L$ $iS+o_�' 13 Work at Existing Lift Station "C" I LS S S 1 0'10 • e o 13.1 Demolition and disposal of Tuterior & Exterior Piping, Ductwork, Conduit, WJAN and E ui meat 1.3.2 Filling Lift Station "C" with Lean Mix Concrete I LS sjtn S oao 14 In Work at Existing Lift $tation "D" 1 LS $ 14.1 Demolition and disposal of Interior & Exterior Piping, Ductwork, Conduit, Wirins and EquiRment 14.2 Filling Lift Station'!])" with Lean Mix Concrete 1 LS mo 00 $ �° LS shall mean Lump Sum, LF shalI mean Lineal Feet, EA shall mean Each Refer to Measurement and Payment, Secdon 1.7 — Hid Items for additional descriptions of bid items listed above. Total .Add Alternate Amount in Wordsu �ur� 11` TOTAL Add Alternate Amount in Figure CitY Of Huntington Beach Addenda # 1 — Page 4 Warner Ave. Sewer I Bond No. SU5001297 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, Vadnais Corporation as Principal, and Arch Insurance Company as Surety, are hereby held and firmly bound unto City of Huntington Beach as Owner, in the penal sum of 10% of bid amount DOLLARS ( Ten Percent of bid amt ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this 13th day of June , 2006 . The condition of the above obligation is such that whereas the Principal has submitted to City of Huntington Beach a certain BID, attached hereto and hereby made a part hereof to enter Into a contract in writing for the Approx. 4000 LE of 24-inch piperough microtunneling NOW, THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful perform- ance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID. Then this obligation, shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the panel amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way be impaired or affected by an extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affIxq4 and these presents to be signed by their proper offices, the day and year f Im t s above.,/ Vadnais C ion By (L.S.) (Principal) Paul J . Vadna i s President Byi Monroe Attorney -in -Fact IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to trans- act business in the state where the project is located. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ Orange On jw 13 2006 Melissa A. Covarrubias, before me, Notary Public , Name arttt Title of Officer (e.g.. 'Jane Doe. Notary Public") personally appeared Janina Monroe Names] of Signers) ® personally known to me — OR — El proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by ME � his/her/their signature(s) on the instrument the person(s), CommA. n # 156 658 or the entity upon behalf of which the person(s) acted, Corrx�slor► � 1562658 -a Nofay Pic _ CaMornia executed the instrument. Orange County MVCCffME0WMar22.2W91 WITNESS my hand and official seal. re of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Janina -Monroe ❑ individual ❑ Corporate Officer D Title(s): O Partner — D Limited ❑ General ® Attorney -in -Fact D Trustee D Guardian or Conservator ' 0 Other: Top of thumb here Signer Is Representing: 313-1133 9/97 Number of Pages: Signer's Name: El Individual ❑ Corporate Officer O Title(s): El Partner — 0 Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator O Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of San Diego On 6/26/06 Date beforeme, Adrienne C. Strand, Notary Public Name and Tdle of Officer (e.g., -Jane Doe, Notary Public") personally appeared Paul J . Vadnai S Name(s) of Signer(s) t� ADRIENNE C. STRAND COMM. #1475955 p NOTARY PUBLIC-CALIFORNIA to SAN DIEGO COUNTY A 53 My Commission Expires MARCH 11, 200t3 X] personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to ME' that he/sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT SS my hand and offi ial seal. C S' natcire of Notary ublic Adrienne C. 'trand,PNotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THU6913PRINT OF SIGNER C 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No_ 5907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Victoria M. Campbell, Thomas G. McCall and Janina Monroe of Irvine, CA (EACH) Christine Marotta of Chicago, IL its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City,,wis igi This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOMLO013 00 03 03 Page 1 of 2 Printed in U.S.A. CITY OF HUNTINGTON BEACH 2000 MAIN STREET July 31, 2006 Vadnais Corporation 9164 Rehco Rd. San Diego, CA 92121-2269 Attn: Paul J. Vadnais OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK Re: CC-1269 — Warner Avenue Gravity Sewer Project CALIFORNIA 92648 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 Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, Joan L. Flynn City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g:followup\cashconticashcon-letter.doc (Telephone: 714536-5227 ) DECLARATION OF SATISFACTION OF CLAIMS state: (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at (Location) g:followup\cashcont\cashcon2.doc procedure # 15 on this day of , 20_. (Signature of Contractor) APPROVEDAS TO FORM *13NMER WGRATH, CltyAtton cy tton 12jiZr�&hS puAttorney City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) APPROVED AS TO FORM ;JEIFER McGRATH, CityAttorney an Sutton City Attorney I Z/ `f f g:followup\cashcont\cashconl .doc procedure #14 \ \V rrom: rainy Iama At Ine VVOOOR n company raxiu: Io: Mnsunie IWenuuGa ACORD, CERTIFICATE OF LIABILITY INSURANCE OP DATE fuummm VAIA�I1 07/13J06 PNRODUCFR THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION The Wooditch Company Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1 Park Plaza, #400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine CA 92614 Phone:949-553-9800 Fax:949-553-0670 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURER A. Hxington Iastltsnte Cogisay INSURER 8: paxttoxd Gsealtp zns=x * Co Vadnais Corporation INSURER C: suLxtght rWU.& c* C-Vp y 9164 Rehco Road INSURER 0: San Diego CA 92121 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSIED TO THE INSURED N4NEO 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 INSLIRAN('E 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. - LTR TYPE Of INSURANCE POuCYNUMBER. DATEINIMMONY) DATE PRAIDIrM LIMITS GOAL UMMM EACH OCCURRENCE $ 1, 000 , 000 A X X COMMIE CIALGENERALLIABILITY 650 1386 02/01/06 02/01/07 PREMISES E>loccireme) i SO,000 CLAIMS MADE a OCCUR bED EXP (Any one Person) I PERSONAL & ADV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE 12, 000, 000 GENLAGGREGATELIMITAPPUESPER: PRODUCTS -COMPIOPAGO $2,000,000 17 POLICY ](. SECT LOC AUTONOBILEIWBWTY COMBINED SNVGLELftdTr t 1,000, 000 B X X ANY AUTO 72UENTE3919 02/01/06 02/01/07 (Ea aocldert) BODILY INJURY S ALL OWNED AUTOS SCHEOULED AUTOS Per Person) BODILY INJURY ; HIRED AUTOS NON -OWNED AUTOS per eocidert) PROPERTY DAWAGE r (Per accident) GARAGE LIABILITY AUTO ONLY - EAACCIDENT 3 OTHER THAN EAACC I ANY AUTO $ AUTO ONLY: AGG EXCESSARABRE.LA LIABILITY EACH OCCURRENCE I OCCUR F—ICLAIMS MADE AGGREGATE 6 S i DEDUCTfBLE $ RETENTION $ WORKERS CONDENSATION AND X TpRYLIMITS I I ER G ENPLOYERVLIABLITY 6EM1038C79105 10/31/OS 10/31/06 EL-EACHACCQENT $ 1,000,000 ANY PROPRIETORIPARTNERJEXECUTIVE EL.DISEASE -EAEMPLOYEE $1,000,000 OFFICERRMHMBEREXCLUDED7 1} yPS desc 0 under SPECIAL PROVEIONS bebw EL. DISEASE- POLICY LIMIT $ 1 , 060 , 000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS A0OM BY ENDORSEV&4T I SPECIAL PROVISIONS City- o€ ' '. - - . ^elegy _ als, employees, agents and volunteers are named as Additional Insureds as respects General - and Auto Liability per attached endorsements. RE: Vadnais Job #S075; Warner Avenue Oravity Sewer. **SEE NOTES** giaipwv/auai/wcwv/x c.crt n irn,t<+ I c rrvwcrt LFisYL cuAi i itin HUNTING SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSURJG INSURER WILL IIIIIIIIIIIIIIIE113MM !MAIL 30 DAYS wwrEN HOTWE TO THE CERTIFICATE HOLM HAMMER TO THE LEFr. CITY OF HUNTINGTON BEACH 2000 MAIN STREET . HUNTINGTON BEACH CA 92648 PCT: $ E 1988 APPROVED S TO FORM: I Mc , City tto FOGTR = 1 1 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. *Except 10 days notice of cancellation for non-payment of premium * This insurance shall apply as Primary and Non -Contributory per attached endorsement. Waiver of Subrogation for General Liability and Workers' Compensation: See Attached Endorsements. *THIS VOIDS AND SUPERSEDES PREVIOUS CERTIFICATE DATED 07/11/05* Endorsement This endorsement, effective 02/01/2006 12:01 AM Forms a partof policy no.: 650-1386 Issued to: Vadnais Corporation By: LEXINGTON INSURANCE COMPANY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) The endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach, Its officers, elected or appointed officials, employees, agents and volunteers RE: Vadnais .fob #5075; Warner Avenue Gravity Sewer. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended organization shown in the Schedule, but only with for that insured by or for you. LX0869 (01195) to include as an insured the person or respect to liability arising out of "your work' 4:1PIC.t Vvil4111 This endorsement effective 02101/200612:01 AM Forms a part of policy no.: 6W1386 Issued to: Vadnais Corporation By: LEXINGTON INSURANCE COMPANY PRIMARY WORDINGINON-CONTRIBUTORY This endorsement modifies insurance under the following: Name of Person or Organization: City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers RE: Vadnais Job #5075; Warner Avenue Gravity Sewer. COMMERCIAL GENERAL LIABILITY COVERAGE PART It is further agreed that such insurance as is afforded by the policy for the benefit of the Additional Insureds shall be primary insurance, but only as respects any Claims, Loss or liability arising of the Named insureds operations and any insurance maintained by the Additional Insured shall be non- contributing. All other terms remain unchanged. This endorsement, effective 02/01/200612:01 AM Forms a part of policy no: 660-1386 Issued to: Vadnais Corporation By: Lexington Insurance Company WAIVER OF SUBROGATION (BLANKET) Name of Person or Organization: City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers RE: Vadnais Job #5076; Warner Avenue Gravity Sewer. It is agreed that we, in the event of a payment under this policy waive our right of subrogation against any person where the insured has waived liability of such person as part of a written contractual agreement between the insured and such person entered into prior to the "occurrence" or offense. All other terms and conditions remain unchanged. LEXOCC234 (11103) LX0485 INSURED: Vadnais Corporation POLICY NUMBER: 72UENTR3919 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS Person or Organization: City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers RE: Vadnals Job #5075; Warner Avenue Gravity Sewer. This endorsement modifies insurance provided under the follovnng: BUSINESS AUTO COVERAGE FORM A. Any person or organization whom you are required by contract to name as additional insured is an "insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of Section II - LIABILITY COVERAGE. B. For any person or organization for whom you are required by contract to provide a waiver of subrogation, the Loss Condition - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable. Form HA 9913 0187 Printed in U.S.A. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California worker's compensation premium otherwise due on such remuneration. Schedule Person or Organization: City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers Job Description: Vadnais Job #5075; Warner Avenue Gravity Sewer. WHERE REQUIRED BY WRITTEN CONTRACT, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES, IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated, {The Information tallow Is required only when this endorsement Is Rued subsequent to the preparation of the policy.) Endorsement Effective 02101/06 Policy No: OB1060831 Endorsement No. Insured: vadnais Corporation Policy Effective Date: 02101/06 Insurance Company: Seabright Insurance Company WC 04 03 06 (Ed. 4-84) This endorsement, effective 02/011200612:01 A.M. Forms a part of policy no.: 650-1386 Issued to: Vadnais Corporation By: LEXINGTON INSURANCE COMPANY AGGREGATE LIMITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. Subject to the Overall Policy General Aggregate Limit stated in Item 3 of the Declarations, the General Aggregate Limit under LIMITS OF INSURANCE (Section III) applies separately to each of your "projects" away from premises owned by or rented to you. It is further understood and agreed that the following changes are made to the policy: (1) Item 3, Limits of Insurance in the Declarations is amended by the addition thereto of the following Limit: Overall Policy General Aggregate Limit - $5,000,000. (2) SECTION III- LIMITS OF INSURANCE is amended by the addition thereto of the following paragraph under paragraph 6. 7. The Overall Policy General Aggregate Limit is the most we will pay under Coverages A and B for the sum of all Limits of Insurance as provided in this SECTION III regardless of the number of your "projects'; except for damages because of "bodily injury' and "property damage" included in the "products -completed operations hazard". For the purpose of this endorsement, "project" means the work for which the Named Insured is responsible as defined in an oral or written construction contract between the Named Insured as the contractor or sub -contractor, and an owner, developer or general or sub -contractor. All other terms and conditions remain unchanged. Authorized Representative OR Countersignature {In states where applicable} ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID VADNAII DATE(MWDDNYYY) 07/13/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Wooditch Company Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1 Park Plaza, #400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Irvine CA 92614 Phone:949-553-9800 Fax:949-553-067D INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A'. Lexington Insurance Cawpany INSURER B: Raxtford Casualty Insurance Co INSURER Ci Seabright Insurance Coepany Vadnais Corporation 9164 Rehco Road San Diego CA 92121 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. "Rim LTR KWUL NSR TYPE OF INSURANCE POLICY NUMBER FOLICYFIFFLCTIVE DATE (HMIDDIYY) POLICY EXPIRATION DATE (MMIDOIYY) LIMITS GENERAL LIABLITY EACH OCCURRENCE $ 1, 0 0 0 , 0 00 A X X COMMERCIAL GENERAL LIABILITY 650 1386 02/01/06 02/01/07 PREMISES (Fa occuence) $50,000 CLAIMS MADE X� OCCUR MED EXP (Airy one person) $ PERSONAL. & ADV INJURY $ 1 , 0 0 0 , 0 00 GENERAL AGGREGATE s2,000,000 GEH'L AGGREGATE LIMIT APPLIES PER; PRODUCTS -COMPJOPAGG $2,000,000 17 POLICY fC I7 LOC B X AUTOMOBILE X UABILITY ANY AUTO 72U[ENTR3919 02/01/06 02/01/07 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per parson) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS! LIABILITY ANY PROPRIEI'ORIPARTNERJEXECUTIVE OFFICERIMEMBER EXCLUDED? 6KUB103SC79105 10/31/05 10/31/06 X ITORYLIMIRTS I ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 , 00 0 , 0 00 —"--� If yes, describe under SPECIALPROVISIONSbebw E.L. DISEASE -POLICY LIMIT Is 1,000,000 OTHER DESCRIPTION OF OPERATIONS i LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as Additional Insureds as respects General and Auto Liability per attached endorsements. RE: Vadnais Job #5075; Warner Avenue Gravity Sewer. **SEE NOTES** glaipwv/auai/wcwv/x CERTIFICATE HOLDER CANCELLATION HUNTING SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, L CITY OF HUNTINGTON BEACH )OHGctl R 2000 MAIN STREET Al""PRE HUNTINGTON BEACH CA 92648 ACORD 25 (2001/08) W `"' - - O ACORD CORPORATION 1988 No. 07718 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, Arch Insurance Company of Kansas City, Missouri, organized under the laws of Missouri, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Liability, Workers' Compensation, Common Carrier Liability, Team and Vehicle, and Automobile as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 13th day of June, 2003, I have hereunto set my hand and caused my official seal to be affixed this 13th day of June, 2003. Fee $106.00 Rec. No. John Garamendi Insurance Commissioner Filed 03/10/03 By Patricia K. Staggs for Ida Zodrow Acting Deputy Certification 1, the undersigned Insurance Commissioner of the State of California, do hereby certify that I have compared the above copy of Certificate of Authority with the duplicate of original now on file in my office, and that the saine is a full, true, and correct transcript thereof, and of the whole of said duplicate, and said Certificate of Authority is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and caused my official seal to be affixed this 24th day of November, 2003. John Garamendi Insurance Commissioner By ` e �'A Pauline D'Andrea RECEIVED BY: (Name) (Date) wl CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION I TO: Sh reidenrich, City Trea rer FROM: DATE: b SUBJECT: Bond Acceptance I have received the bonds foraR--,O, (Company Name) v/ Faithful Performance Bond No. �f_ 5 0 c\ -0 ! a 4 Labor and Material Bond No. �(A 6-Z !21 Q 16 to Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. (® MSC No. Approved b (-4j1 Cou ci Approval Date) Agenda Item No. - City Clerk Vault No. —d #27 gAollowup/bondletter.doc THE AMERICAN INSTITUTE OF ARCHITECTS Premium: $61,187.00 Bond No. SU5020986 A/A Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Vadnais Corporation (Here insert full name and address or legal fide of Contractor) 9164 Rehco Road San Diego, CA 92121 as Principal, hereinafter called Contractor, and, Arch Insurance Company (Here insert full name and address or legal tide of Surety) 135 N Los Robles #825, Pasadena, CA 91101 as Surety, hereinafter called Surety, are held and firmly bound unto City of Huntington Beach (Here insert full name and address or legal title of Owner) 2000 Main Street Huntington Beach, CA 92648 as Obligee, hereinafter called Owner, in the amount of Six Million One Hundred Eighteen Thousand Seven Hundred Twenty Five Dollars and 00/100 Dollars ($ 6,118,725.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated for (Here insert full name, address and description of project) Warner Avenue Gravity Sewer Project (CC-1269) in accordance with Drawings and Specifications prepared by , entered into a contract with Owner (Here insert full name and address or legal tide of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 ' PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA ® 1 FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable' hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due_ No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this 14th day of July, 2006. ATTEST: Vadnais Corporation (Principao (Sean By: (Witness) By.(::::) Jeff Anderson (rim) Vice Presi ent WITNESS: Arch Insurance Company (Surety) (Sean By: iiness) OVER G� JE IF R M(WCGRATH, Ci Attomey �l aIlo6 Attorney -in -Fact AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL AFCYMENT BOND • AIA O FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On JUL 14 ZOOS bef ore me, Melissa A. Covarrubias, Notary Public, , Name and Title of 011im (e.g.. `Jane Doe. Notary Publish personally appeared Janina Monroe Names) of Signers) ® personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within Instrument and acknowledged to me that he/she/they executed the e M same in hislher/their authorized capacity(es), and that by MELIS,q A. COVA� LAS his/her/their signature(s) on the instrument the person(s), Commission # 1562t55t3 or the entity upon behalf of which the person(s) acted, Notary Pu�lic - California 4___ executed the instrument. orange County MVC0mM E);*%Mar22, 21m9 WITNESS my hand and official seal. re of Notary PW AC OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document. Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Janina -Monroe Signer's Name: ❑ individual ❑ Corporate Officer 0 Title(s): p Partner— ❑ Limited ❑ General IN Attorney -in -Fact 0 Trustee ❑ Guardian or Conservator ZRC 0 Other: I Top of thumb here Signer Is Representing: BD-1133 9/97 Number of Pages: ❑ Individual • Corporate Officer ❑ Titie(s): © Partner — 0 Limited O General ❑ Attorney -in -Fact 0 Trustee ElGuardian or Conservator W` ❑ Other; I Top of thumb here Signer Is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California coonry of San Diego ss. On July 18, 2006 beforeme, Adrienne C. Strand, Notary Public , Date Name and Title of Officer (e.g., 'Jam Doe, Notary Pui>lic") personally appeared Jeff Anderson Name(s) of Signer(s) DO personally known to me ❑ proved to me on the basis of satisfactory evidence ` ADRIENN1 STRAND .- �r COMM. i 475855 n NOTARY PUBLIC-CALIFORNIA H U SAN MEGO COUNTY n My Commission Expires MARCH 11, 2008 to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 7tr.. nd and ' 'al se I.Cgnature of Notary ubNc Adrienne C. Strand, Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 • www.natwnainotaryorg Prod. No. 5907 Reorder Catl Toll -Free 1-800-876-6827 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. SU5020986 AIA Document A31 l Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Vadnais Corporation (Here insert full name and address or legal tide of Contractor) 9164 Rehco Road San Diego, CA 92121 as Principal, hereinafter called Principal, and, Arch Insurance Company (Here insert full name and address or legal tide of Surety) 135 N Los Robles #825, Pasadena, CA 91101 as Surety, hereinafter called Surety, are held and firmly bound unto City of Huntington Beach (Here insert full name and address or legal tide of owner) 2000 Main Street Huntington Beach, CA 92648 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Six Million One Hundred Eighteen Thousand Seven Hundred Twenty Five Dollars and 00/100 (Here insert a sum equal to at least one-half of the contract price) Dollars ($ 6,118,725.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated for (Here insert full name, address and description of project) Warner Avenue Gravity Sewer Project (CC-1269) in accordance with Drawings and Specifications prepared by , entered into a contract with Owner (Here insert full name and address or legal tide of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 1 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void, otherwise it shall remain in full force and effect, subject, however, to the following conditions: I. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimants work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed Signed and sealed this 14th ATTEST: By: (Witness) WITNESS: By: (Witness) Janina Monroe A VED�A- k9RM JE IF R McGRATH, �Att1d.6 and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety or mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. day of July, 2006. Vadnais Corporation (Principao fSeai) By: Jeff Anderson (Title) Vice President Arch Insurance Company (Surely) (Seal) AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA OD FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On JVL 4 Zip before me, Melissa A. Covarrubias, Notary Public , Name and Tdle of Officer (e g..'Jam Doe. Notary Public") personally appeared Jauina Monroe N--4 of Signer(s) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by MEttSSA A. COVARRUBIAS his/her/their signature(s) on the instrument the person(s), Com r*&bn # 1562658 or the entity upon behalf of which the person(s) acted, 01MVComm.E0wMor22,20091 Notary Pu-ft - Ccmianla executed the instrument.rang j1zOe County WITNESS my hand and official seal. nature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent hacttiulentremoval and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Janina -Monroe ❑ Individual ❑ Corporate Officer 0 Title(s): C1 Partner — 0 Limited C1 General ® Attorney -in -Fact [__1 Trustee ❑ Guardian or Conservator C7 Other: _ _ Signer Is Representing. SO-1133 9197 RIGHT THUMBPRINT OF SIGNER Number of Pages: Signer's Name: 0 Individual E] Corporate Officer 0 Title(s): O Partner — C) Limited I] General El Attorney -in -Fact O Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego ss. On July 18, 2006 beforeme, Adrienne C. Strand, Notary Public , Date Name and Title of Officer (e.g., "Jane Doe, Notary PuNc') personally appeared Jeff Anderson Name(s) of Slgner(s) D1 personally known to me ❑ proved to me on the basis of satisfactory evidence AfflEN #147T5 �r NO TARYPUBUC-CALWORNIA N SAN DIEGO COUNTY n My Commission Expires MARCH 11, 2008 to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE my hand and offic' sal. A1.-/ Signature of Notary pu m Adrienne C. Strand, Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: MING ❑ individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder. Cal Toll -Free 1-BM-676-6627 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the taws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Victoria M. Campbell, Thomas G. McCall and Janina Monroe of Irvine, CA (EACH) Christine Marotta of Chicago, IL its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City.. M-- This Power of Attomey is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process" This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. CORPORATE RESOLUTION Resolved, that any one (1) of the following named officers: Paul J. Vadnais, President Jeff F. Anderson, Vice President and Secretary of this corporation be and they are hereby authorized, directed and empowered, for and on behalf and in the name of this corporation to execute and deliver documents. Duly passed and adopted at a meeting of the Board of Directors of Vadnais Corporation on January 21, 1997. Paul J. Vadnais resident co M �a. jIIIIII+++.uusss �a S aV 00 W Q0 CN V Gil f1 U O o o �wW Ax C o W oU� �vvNx •� City of Huntington Beach Warner Avenue Gravity Sewer HUNTINGTON BEACH CC-1269 Bid Date & Time: June 27, 2006 @ 2:00 P.M. Engineer's Estimate: $5,900,000 BIDDER'S NAME RANK TOTAL BID AMOUNT 6 2. 6AAVeivW&�s //IOG. . ev 4. , S / n,4�� 3 00 5. MLAb(_ 1)&,)-;r7c,.,1?4 0 4�0 6 . V l.J sJ7 6. 1V .S cc) 7. 8. 9. 10. 11. 12. 13. 14. 15. Page 1 of 1 R E c E I v E D 2006 AN 27 PM 2: 0 1 IRI 1 'T Y 11) Il li T G T 0 � � F I V^1 cl— I�J4 Q6, 8S :1 WJ LZ fln r 900Z J 2] u PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) i am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. i am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: MAY 1.1,18,25,2006 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on MAY 25, 2006 at Costa Mesa, California. Signature _ - uuSn ICJJ I5� - - S.EC17t N I► NM 81DSfor6e . W. MW: Wk CC-1269 inftieemGOF HITfiiON BEAN EUKK NOTICE IS HEREBY GIVEN that the CiTY OF HUNTINGTON -BEACH,as AGENCY, invites sealed bids for theabovestated 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 June 13, 2006. Bids, will be publicly open in the Council Chambers uatess 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 payfnent of .a $60.00 nonrefundable fee' If picked up,or payment '.. of an $75.00 nonrefundable fee if mailed. (via U.S. ;Postal Service, Federat Express, UPS or any, other courier). < Any contract entered into'p4suatifto this ndti€ie. 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,dlem wages for eackciaft, classification or type of iwkman 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 10 percent retention from all progress payments, The: Contractor may substi- tute an escrow holder surety ,of LZqual 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 Wall not"be discriminated, against on the basis of race, color, national' origin, ancestry, sex, or religion in any consideratiori.leading to the award of contract. No bid shalt 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, #or an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accor- dance with provisions of the Business and Profes- sibns Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and- his subcontractors will be required to possess business licenses from the '. AGENCY. The AGENCY reserves the right to'reject eny or all bids, to waive any irregularity and to take' all bids under advisement for a maximum period of 60 de s. OY:. of the CITY COUNCIL of the CITY OF NUO Ii OT ;. CALIFbRNIA, tha t* day bf, September. 6yRes0lutionNo. -64:' Attest Joan L. Flynn CITY CLERK OF TIfE QWOF published ttun Reaeh`fnNil BEACH tllr brr, dap 010e. May 1t; 18, 25, 2006 --.—_—__-- 052-276 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. i am a principal clerk of the HUNTiNGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: MAY 11,18,25,20.06 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on MAY 25, 2006 at Costa Mesa, California. Signature Nownwoomfor XcA 1269 ' inftWroF MMOTONim, PUKK NOTICE fS 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 8ea4h, California 92648, up to the houf of 2:00 PM on June 13 2006. Bids': will be publicly open,An the Council t;hembers unless otherwise posted. Copies of the Plans,'Specifications, And contract documents are available from the. Office of tpe Director of Public Works, M Main Street, Huntington Beach, CA 92648, upon payment of; a, $60,0tT nonrefundable fee if'picked up, or payment of an $75.00 nonrefundable fee if mailed (via U.S. Postal Service, Federal Express, UPS or any other courier). Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code_ Pursuant to the provisions of jhe'Labor Corse of the State of California, the minimum prevailing rate of per diem wages for each craft,'classificatibn 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 fileat the Office of the Director of P•ubJic Works, 2000 Main' Street, Huntington Beach, ,CA 92648. The AGENCY will. deduct 10 percent retention•froin all progress payments. The Contractor May sul) , tote an escrow holder surety of equal value to e retention in accordance with the provisions"of e California Government Code, Section. 4590. The Contractor shaft be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures Mat minority business enterprises will be afforded fl ll 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 -shill be comtfAempd unless it is -prepared on the approved Proposal' forms in conformance with the, Instructions. to Bidders. The bid must be accompanied by.�a cefGfied check, cashier's check, ` or bidder's bond made£payabfe to the AGENCY for , an amount' no less than 106A, of the amount bid. The successful bidder shaft be licensed in accor- dance with provisions of the Business and Profes sions Code and shalt possess a State Contractor's License Class at the time •ofthe bid opening. The `. successful Contractor and ,his subcontractors will be rered'to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any,or All bids, to waive any, irregularity and to take'all bids under advisement for a maximum period of 60 days.. , BY ORDER of the CITY COUNCIL,of the CITY OF HONTWTON BEACH, CALIFORWA, •the. 12th day of September 2005, by Resolution No. 2005.64. Attests Joan L. Flynn COY CLERK OF THE CtW OF 1.11mi"TON,BEACH Published' Huntington Beach independant,May, 11, 18,26,2006 052-276 F j SECTION A NOTICE INVITING SEALED BIDS for the WARNER AVENUE GRAVITY SEWER PROJECT No. CC-1269 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 June 13, 2006. 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 $60.00 nonrefundable fee if picked up, or payment of an $75.00 nonrefundable fee if mailed (via U.S. Postal Service, Federal Express, UPS or any other courier). 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 10 percent 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 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 12th day of September 2005, by Resolution No. 2005-64. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON FJ to CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: May 8, 2006 ProjectlC.C. No.: C.C. No. 1269 Regarding: WARNER AVENUE GRAVITY SEWER ❑ 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 /nvifinc Sealed Bids 1 1 1 2 Notice Inviting Sealed Bids for 2 Warner Avenue Gravity Sewer, CC-1269 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Please find attached the Notice Inviting Sealed Bids for advertisement on 5/11/06, 5/18/06 & 5/25/06. Bid opening is scheduled for 6/13/06 @ 2:00 pm. Please contact me at 374-1735 with any questions you may have. c: file By: Douglas A. Erdman, Associate Civil Engineer GACoxsTRucnoN CONTRAcrs (CCS)\CC1269voB aousE\NISB TRANsmrrAL To CLERK CC-1269.noc CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 2, 2006 Michels Pipeline Construction 16500 West Rogers Dr. New Berlin, WI 53151-2224 Re: CC-1269 - Warner Avenue Gravity Sewer Project CALIFORNIA 92648 Enclosed please find your original bid bond number issued by the American Institute of Architects. Joan L. Flynn City Clerk JF:pe Enclosure g:/followup/cashcont/retu rnbidbond .doc procedure #13 (Telephone: 714-536-5227) Mel A fto!l,*Cw iln M R E C E i V E W: _. E:c►mo" ww B&A vw Ma - 2006 JUN 27 AM 10 5 7 CITY CLE CITY SEALED BID FOR THE WARNER AVE. GRAVITY SEWER IN THE CITY OF HUNTINGTON BCH DO NOT OPEN IMTH REGULAR MAIL SECTION C PROPOSAL for the WARNER AVENUE GRAVITY SEWER at From Los Patos Avenue to Pacific Coast Highway PROJECT No. CC-1269 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 200 working days, starting from the date of the Notice to Proceed, and complete all necessary submittals within 40 working days from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work, site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. City of Huntington Beach — Warner Ave. Sewer C - 1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bid Bond in the amount of $ 10% of Bid Amtwhich said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's SignOt . - D 6 City of Huntington Beach — Warner Ave. Sewer C - 2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor of Work State License Class I . Nomber 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. City of Huntington Beach — Warner Ave. Sewer C - 3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of COMMM wiseansin ss. County of MOW W William R. WItin , beini� gg first duly sworn, deposes and says that he xvadw is NFichels Pi Cansttrticri a Vine Pres_irlent Of diu- of �;� the parry making the foregoing bid that the bid is not made in the interest of, or n- the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me this 6 NOTARY PUBLIC Wi l l i a<n R. Weltin Name of Bidder Signature of Bidder 16500 W. Roars Drive, New Berlin, WT 53151 Address of Bidder day of .hare 12006 . City of Huntington Beach — Warner Ave. Sewer C - 4 .• to `�pA ZINj� •.. NOTA R y•' %-`NOTAP,Y SEA OF 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 Warner Avenue Gravity Sewer, (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. Wdiels Pipeline Construction, a di_v. of Wct els Corporation Contractor a4 A4_= ;F_�_ By Wffiian R. WPUtin, P.E., Woe am ident Vice President Title Date: 6/6/06 City of Huntington Beach — Warner Ave. Sewer 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 ANo 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. City of Huntington Beach — Warner Ave. Sewer 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. Michels pipe iw Ccmtnacticn, a div. of Midbels Corporation Contractor eW—� Vice President Title Date: 6/6/06 City of Huntington Beach — Warner Ave. Sewer C - 7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor I:A Title Date: Note: This form is required for every Dig Alert Identification Number issued by USA. during the course of the Work' Additional forms may be obtained from the AGENCY upon request. City of Huntington Beach — Warner Ave. Sewer C - 8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Michels Pipelim Construction, a div. of Midrls Corporation Bidder Name 16500 W. Rogers Drive Business Address New Berlin Wi 53151 City, State Zip ( 262 ) 814-0100 Telephone Number 553612, expiratian date 1/31/07, Class A State Contractor's License No. and Class 1/12/89 Original Date Issued 1/31/07 Expiration Date The work site was inspected by &14t All'^ uS %Aof our office on 1'4f J, n , 20 ©.4e The following are persons, firms, and corporations having a principal interest in this proposal: City of Huntington Beach — Warner Ave. Sewer 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. Midels Pipeline Constnicticn, a div. of Midrls Corporation Company Name Signature of Bidder William R. W-1tin Printed or Typed Signature Subscribed and sworn to before me this 6 day of Jtme , 2006 NOTAR . - NOTARY PUBLIC lid rA�if� �1L 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: Milwaukeee lbtrrwlitan Se� District 260 W. Seeboth St., Iv 1_wkre, K 53204 Name and Address of Public Agency Name and Telephone No. of Project Manager: Ridbard S� 414/225-2127 $4, 540,850.00 Microtunarl 5/1/06 Contract Amount Type of Work Date Completed 2. Greet 1�v 1bttropolitan Sergr_age District, P.n. Brw 1 qM 9, Green 1�T,_ wr 54301-:9rn 5 Name and Address of Public Agency Name and Telephone No. of Project Manager: Jeff G. l th, 715/342-3006 $2,614,445.00 &crobxneU/Pi= Tack 6/'3n/n5 Contract Amount Type of Work Date Completed 3. City of St. Albert, Alberta, Cana Name and Address of Public Agency Name and Telephone No. of Project Manager: Bob Stepbm 780/459-1557 $8,057,744.00 Mic oUr rl Apri-1 2006 Contract Amount Type of Work Date Completed City of Huntington Beach - Warner Ave. Sewer C - 10 BID SCHEDULE FOR WARNER AVENUE GRAVITY SEWER MAIN Alternate 1 Item Description Quantity Unit Extended No. & Unit Price Price 1. "Warner Avenue Gravity Sewer" mobilization, 1 LS demobilization, insurance, bonds, andpen-nits. 2. Document Pre -construction and Post -construction site 1 LS conditions. 3. Receiving/Intermediate Shaft and manhole construction 3 EA $-4_ $_ within shaft, complete with appurtenances, as noted on 2 drawings or specified. 4. Jacking Shafts and manhole construction within shafts, 5 EA complete with appurtenances, as noted on drawings or Z SG,Bvo y3 d 00 specified. 4a. Jacking Shaft for Sunset Beach Lift Station, including 1 EA $ $_4- manhole construction within shafts, complete with 2 e> Q 80c; 2 6 98 d appurtenances, as noted on drawings orspecified. 5. Microtunneling:. Directly -Jacked Microtunnel Pipe 3,458 LF $ f $ _ Installation. (Stations 9+90 to 30+95 and 36+95 to 50+20). Oaf 7,13 (Do not include cost of Microtunnel Jacking Pipe.) Microtunnel Jacking Pipe (Stations 9+90 to 30+95 and 36+95 to 50+20) (Provide cost for all three Microtunnel Jacking Pipe alternatives. 5a. "Extra Strength" Vitrified Clay Jacking Pipe (ASTM C 3,458 LF $ 1208) by Can -Clay or Mission Clay. !Ul 2 9 5b. Hobas Jacking Pipe (ASTM D 3262) 3,458 LF $ $ 5c. Polymer Concrete Jacking Pie ASTM D 6783 by Meyer. 3,458 LF $ $ 6. Microtunneling: Two -pass Steel Casing / 24-inch C-905 600 LF $lbg.�.- $boa PVC (Stations 30+95 to 36+95) (All costs for Bid Item 6 included in 2003 SSPWC, Section 306-8.4. 6a. Mirotunneling: Two -pass Steel Casing / 10-inch C-900 PVC 241 LF` (Stations 46+75 to 44+34 adjacent to Sunset Beach Lift 12 7:-7 ? 072 7 Station) (All costs for Bid Item 6a included in 2003 SSPWC, Section 306-8.4. City of Huntington Beach - Warner Ave. Sewer C - 11 7. Contingency Plan: Buried Obstruction in Stream Crossing near Sta. 36+00 Emergency Retrieval Shaft, Back Tunnel and Resumption of Microtunnelin . 7A. Emergency Access Shaft 1 LS $ r 7B. Back Tunnel — 80 linear feet 1 LS $ /T $ State tunnelingmethod here L Q coo 7C. Resumption of Microtunneling 1 LS $ 2; o $ v a 8. Traffic Control. 1 LS $_4 $_,�k_ 22 g 00 2-2-0, o a 9. "Warner Avenue Gravity Sewer" open -cut installations, and .1 LS $_ $ sewer tie-ins including all appurtenant work. > �' ; o ® C is 5', as A 10. Abandonment of existing sewer pipelines as shown or 1 LS $?off -$0- 4o v specified. 11. As -Built Plans. 1 LS $ ! a o Total Bid in Words Sao,5N M. 1/nu a YW,44 *o,346A f i c�G4Nn ?TKO /���u�1-tea. ,00..vAC a IV s TOTAL Bid in Figure $ � 1 �3 91, 0 Additive Alternative Rid Items! 12 Work at Existing Lift Station `B" 12.1 Demolition and disposal of Interior & Exterior Piping, Ductwork, Conduit, Wiring and Equipment 1 LS $ZZ 0 $ o 12.2 Filling Lift Station `B" with Lean Mix Concrete 1 LS $ $ z qn 13 Work at Existing Lift Station "C" 13.1 Demolition and disposal of Interior & Exterior Piping, Ductwork, Conduit, Wiring and Equipment 1 LS $teaC $o 13.2 Filling Lift Station "C" with Lean Mix Concrete 1 LS 14 Work at Existing Lift Station "D" 14.1 Demolition and disposal of Interior & Exterior Piping, Ductwork, Conduit, Wiring and Equipment 1 LS $ $ 14.2 Filling Lift Station "D" with Lean Mix Concrete 1 LS LS shall mean Lump Sum, LF shall mean Lineal Feet, EA shall mean Each Refer to Measurement and Payment, Section 1.7 — Bid Items for additional descriptions of bid items listed above. Total Add Alternate in Words '%Wz c //wy p Awb P, 4,2s TOTAL Add Alternate in Figure $ 3 -r, c oo . csv City of Huntington Beach — Warner Ave. Sewer C - 12 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Michels Pipeline Construction, a Division of Michels Corporation 16500 W. Rogers Drive New Berlin, WI 53151 as Principal, hereinafter called the Principal, and Continental Casualty Company 333 S. Wabash Ave Chicago, IL 60604 a corporation duly organized under the laws of the State of IL as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street Huntinqton Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Warner Avenue Gravity Sewer, Project No. CC1269 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 materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and led this 13th day of June Michels Pipeline Construction, a Division of (Principal) / deg � ess) f ` Willian R. Weitin, P.E. , Vice Prey Continental Casualty Company (Surety) elis a Ne n (witness) , Attorn y-in-Fact Esfher C. Jimen AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 2006 pR�i9a' � (Title) G-23208-B ss. STATE OF Illinois COUNTY OF Will 1, Kimberly R. Holmes Notary Public of Will County, in the State of Illinois do hereby certify that Esther C. Jimenez Attorney -in -Fact, of the Continental Casualty Company who is personally known to me to be the same person whose name subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered said instrument, for and on behalf of the Continental Casualty Company for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of Lisle is in said County, this 13th day of June A.D., 2006 �9,42 "-)Vl V4&Ua--k10 - Notary Public Kimberly R. Holmes My Commission expires: January 26, 2010 a AL SEAL" R. HOLMES STATE OF ILLINOIS EXPIRES 1/26/2010 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, an Illinois corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint William P Weible, Molly M Moran, William Cahill, Kimberly Sawicki, Deborah Buss, Kimberly K Libers, Melissa Newman, Karen A Ryan, Esther C Jimenez, Kimberly R Holmes, Individually of Lisle, IL, their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 15th day of March, 2006. cry` LOAPORArF ► SEAL 1891 C* Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania DULY 71, tsoz Thomas P. Stillman Senior Vice President State of Illinois, County of Cook, ss: On this 15th day of March, 2006, before me personally came Thomas P. Stillman to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, an Illinois corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. .•..........•....•.•... 'OFFICIAL SEAL- • Notary Public, 1ptb M IMY�oN • ,� � ` • ` — �LI`/ i N wy P c,�7,/h My Commission Expires March 15, 2009 Maria M. Medina Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, an Illinois corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 13th day of June 2006 . • A ,e 2 A SEAL �r1897 Oft� Continental Casualty Company National Fire Insurance Company of Hartford ,,wcAmerican Casualty Company of Reading, Pennsylvania XLY 11, CP Mary A. ikafjkis Assistant Secretary Form F6853-11/2001 J. fe CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 2, 2006 BRH Garver West, Inc. 6910 Mission Gorge Rd. San Diego, CA 92120-2420 Re: CC-1269 — Warner Avenue Gravity Sewer Project Enclosed please find your original bid bond issued by ITT Hartford. ojoll Joan L. Flynn City Clerk JF:pe Enclosure g:/followup/cashcont/retu rnbidbond.doc procedure #13 CALIFORNIA 92648 ( Telephone: 714536-5227 ) p n Wes+, , k cC�� I � ��'s s r ,M C, �- �j ,d . 0,4 2006 JUN 27 C hue- SECTION C PROPOSAL for the WARNER AVENUE GRAVITY SEWER at From Los Patos Avenue to Pacific Coast Highway PROJECT No. CC-1269 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 200 working days, starting from the date of the Notice to Proceed, and complete all necessary submittals within 40 working days from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. City of Huntington Beach — Warner Ave. Sewer C - 1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find bimsa Gai n the amount of $ 10 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Seal ble to the AGENCY. (Please insert the words "Cash", "Certified Check", "Bidder's Bond" as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received B dder'' Si nature izl�w z City of Huntington Beach — Warner Ave. Sewer C - 2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth -the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class MAN OWLES MAWLE LGAT �.�� v S� t ca.u.�t<�� ¢ 1 1-- ,- C i 3 �Q s ,� H F i� N,.)<�, s. <1, �-(u A? t3 A By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. City of Huntington Beach — Warner Ave. Sewer C - 3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange t4t t t-tq C L E - A o ttiAt- , being first duly sworn, deposes and says tha he or she is W e-';k - of'1ZO -Got 1wett- + eSt 1:,-� (-• the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ?)zH - 0::, # -u, z-iv�- � Name of Bidder, f Signature"pf Bidder b`ito i"(i1Sin^'i 6'ur).elC� -4-ZIZ3 Address of Bidder Subscribed and sw rn to be o e e this of ADMAN. PEREZ-CULPEPER Commission # 1372422 Z , Notary Public - California X San Diego County My Comm. Expires Sep 27, 2W6 NOTARY PU LIC NOTARY SEAL City of Huntington Beach — Warner Ave. Sewer C - 4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Warner Avenue Gravity Sewer, (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. 't !Zti — Cot,-L rj c' q;\j C. , Title Date: 1G 12 741 b City of Huntington Beach — Warner Ave. Sewer C - 5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. City of Huntington Beach — Warner Ave. Sewer 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. Title Date: 4' /Z-7 16 6 City of Huntington Beach — Warner Ave. Sewer C - 7 Q. N — C ^" fz:. DES ) - UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Title Date: �- / Z -7 (c j. 1z,'FS "oe ..r-A Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. City of Huntington Beach — Warner Ave. Sewer C - 8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: c..CL CSC Bidder Name Business Address City, State Zip (C(,-1 `i ) Z� 5- �`5 3 Telephone Number State Contractor's License No. and Class up Original Date Issued Expiration Date The work site was inspected by k l i bi AcL A of our office on - Z-5 , 200- The following are persons, firms, and corporations having a principal interest in this proposal: 5 rr4�.a City of Huntington Beach — Warner Ave. Sewer 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 N e t Signature of idder 1 \1C44Ar—L. P--te- Printed or Typed Signature Subscribed an worn to of re e this day of , 2 ' ADMAN. PEREZ-CULPEPER W.=Commission#9372422 Z p- Notary Public - California y San Diego County My Comm. Expires Sep 27, 2005 NOTARY P BLIC 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. Sh e Arir-\iOc o 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work City of Huntington Beach — Warner Ave. Sewer C - 10 Date Completed Date Completed Date Completed Addenda Item 93 — Revised .slid Schedule SID SCHEDULE FOR WARNER AVENUE GRAVITY SEWER MAIN Item Description quanit ty Unit Price E ctended No. `& Unit Price 1. "Warner Avenue Gravity Sewer" mobilization, 1 LS $_PaotoL,�� demobili7zion, insurance, bonds and pennits. 2. Document Pre -construction. and Post -construction site 1 LS $__� $_Si • �^- conditions. 3. Receiving/Intermediate Shaft and manhole construction within 3 .EA S " $ "73 row shaft, complete with appurtenances, as noted on drawings or specified_ 4. Jacking Shafts and manhole construction within shafts, 5 EA$1y4u vL complete with appurtenances, as noted on drawings or specified,_ 4a. Jacking Shaft for Sunset Beach Lift Station, including I EA manhole construction within shafts, complete with appurtenances, as noted on drawine or specified. 5_ Microtunneling: Directly -Jacked Microtunnel Pipe Installation 3,458 LF $ irL-C,, including cost of Microtunnel Jacking Pipe (Stations 9+90 to 30+95 and 36+95 to 50+20) See Specifications for approved pipe manufacturers. 6. Microtunneling: Two -pass Steel Casing / 24-inch C-905 PVC 600 LF (Stations 30+95 to 36+95) (All costs for Bid Item 6 included in 2003 SSPWC, Section 306-8.4.)_ 6a. Mirotunneling; Two -pass Steel Casing / I0-inch C-900 PVC 241 LF $:= $_L 2'• "' (Stations 46+75 to 44+34 adjacent to Sunset Beach Lift Station) (All costs for Bid Item 6a included in 2003 SSPWC, Section 306-8.4. 7. Contingency Plan: Buried Obstruction in. Stream Crossing near Sta. 36+00 tiI6 0 Emergency Retrieval Shaft, Back Tunnel and Resumption of Microtunnelin . I .LS $ q�, - $_rle� Q -_ 7A. Emergency Access Shaft 7B. Back Tunnel -- 80 linear feet 1. LS $-&ILO° ' $- State tunneling method here - e. m, 7C. Resumption of Microtanneling 1 LS 8. Traffic Control 1. LS _akv C_�J 9. "Warner Avenue Gravity Sewer" open -cut installations, and I LS $_3-�' $_0�t33�.-� sewer tie-ins including all a urtenant work. 10. Abandonment of existing sewer pipelines as shown or 1. LS $ Iq,ew $. t!4 ace, 3' specified. 11. As-Built.Pl.ans. 1 LS $t_k_�u� Total Bid amount in Words_ rA_•i-r i-`�.+.os_ F +� z•, _�-f�.� * ----_. , TOTAL Bid Amount in Figure $ 3 5qjSG• 4 �7� City of Huntington Beach Addenda 4 .1 - Page 3 Warner Ave. Sewer Additive Alternative Bid Items: LS shall mean Lump Sum, LF shall mean .Lineal Feet, EA shall mean Each Rcfer to Measurement and Payment, Section 1.7 —Bid Items for additional descripi ions of bid items listed at ove. VApF-F- Total Add Alternate Amount in Wards TOTAL Add Alternate Amount in Figure $ :3�'����' City of Huntington Beach .Addenda # 1— Page 4 Warner Ave. Sewer 4 PROJECT LOG Project: 36" & 42" Watermain Corrosion and Rehab Project Location: Huntington Beach, CA Owner: City of Huntington Beach Value: $ 2,987,500.00 Contact Name: David Verone Phone #: (714) 375-8471 Project: CC1262-Watermain Replacement Location: Huntington Beach, CA Owner: City of Huntington Beach Value: $ 2,791,103-00 Contact Name: Duane Wentworth Phone #: (714) 536-5431 Project: Murrieta Valley Trunk Sewer Phase 1 Location: Murrieta, CA Owner: Rancho California Water District Value: $ 8,796,346.00 Contact Name: Craig Mapes Phone #: (951) 296-6900 Project: Construction of Linda Vista Drive Sewer Replacement Projec Location: San Marcos, CA Owner: Vallecitos Water District Value: $ 619,575-00 Contact Name: James Gumpel Phone #:(760) 744-5989 cBRH on GARVERWEST BRt4 3rv— �rc G"cro'e Roa�� "-Z a �) '-Nego' CA 142,120' www, or,,,qw', erw(-,st,co�-ri 8,4b�i A PH 619-265-0537 FX 619-265-8672 Project: Construction of Margarita Road Recycled Water Pipeline Location: Temecula, CA Owner: Rancho California Water District Value: $ 485,000.00 Contact Name: Craig Mapes Phone #:(951) 296-6900 Project: Construction of Pipeline Project 240 Location: El Cajon, CA Owner: Helix Water District Value: $ 547,375 Contact Name: Chris McCrae Phone #:(619) 667-6720 Project: Construction of Pipeline Project 237 Location: El Cajon, CA Owner: Helix Water District Value: $827,910.00 Contact Name: Darrell Williams Phone #:(619) 667-6280 Project: Block 171 Sewer Main Replacement and Repaving Project Location: Coronado, CA Owner: City of Coronado Value: $ 186,395.00 Contact Name: Ngyra Stebbins Phone #:(619) 522-7383 Project: Phase IV Sewer Rehabilitation Location: Lemon Grove, CA Owner: City of Lemon Grove Value: $ 519,468.00 Contact Name: Rafael Munoz Phone #:(619) 825-3810 cBRH on GARVERWEST B'RH vcr Vve,'.' ;rc "'11'0 Co'gf= Roaa, .sac, De�jo CA 92120 PH 619-265-0537 FX 619-265-8672 Project: Water Replacement Group 536 & 538 Location: Downtown San Diego, CA Owner:City of San Diego Value: $ 2,286,795.00 Contact Name:Saeed Askari Phone #:(858) 627-3200 Project: Construction of Sewer and Water Group 545 Location: Downtown San Diego, CA Owner:City of San Diego Value: $2,496,990.00 Contact Name: Jason Guise Phone #:(858) 627-3200 Project: Construction of Half Moon Bend Sewer Replacement Proj. Location: Coronado, CA Owner: City of Coronado Value: $ 293,752.00 Contact Name: Ngyra Stebbins Phone #:(619) 522-7383 Project: Construction of Sewer Group 704 Location: Downtown San Diego, CA Owner:City of San Diego Value: $2,286,942.00 Contact Name: Eddie Wibowo Phone #:(858) 627-3263 Project: Construction of Sewer Group 464C Location: Downtown San Diego, CA Owner:City of San Diego Value: $2,249,818.00 Contact Name:Robert Hannah Phone #:(858) 627-3265 cBRH on GARVERWEST C'0"ge R":"" Id, Sa n CA 9212,) rea, brho a r�e-a�st, cor., 84,-,81S, A -265-0537 FX 619-265-8672 PH 619 Project: SEWER REHAB PHASE "B" Location: Various Locations, San Diego Owner:City of San Diego Value: $5,175,823.00 Contact Name:Coselyn Goodrich Phone #:(858) 627-3200 Project: Ocean Blvd. Sewer Main and Storm Drain Diverters Project Location: Coronado, CA Owner: City of Coronado Value: $ 1,118,248.00 Contact Name: Ngyra Stebbins Phone #:(619) 522-7383 Project: Construction of Sewer Replacement Group 623B Location: Downtown San Diego, CA Owner:City of San Diego Value: $3,296,956.00 Contact Name: Dick Giron Phone #:(858) 573-5048 Project: East Linda Vista Trunk Sewer Phase 2 Location:Linda Vista Area Owner:City of San Diego Value: $2,249,818.00 Contact Name:Isidro DeAllende Phone #:(858) 573-5024 Project: Construction of Sewer Group 539 Location: Downtown San Diego, CA Owner:City of San Diego Value: $5,415,000.00 Contact NameJoseph Diab Phone #:(858) 627-3252 C BRH on GARVERWEST 'M'5"ion G"'� "San 1')*' '�qo' r," '9212fj ww,,v b,"', ccnrr L�c# 84681 1 9 A -265-�)537 -319-269-8672 'I "�'A PH 619 FX ' Project: Construction of Sewer Group 652 Location: Kensington Area, San Diego, CA Owner:City of San Diego Value: $3,297,000.00 Contact Name:Henry Gimutao Phone #:(858) 627-3258 Project:As Needed: Minor Street Improvements - Contract 2 Location: Various locations, San Diego, CA (as needed) Owner:City of San Diego Value: $1,800,000.00 Contact Name: Danny Schrotberger Phone #:(619) 533-3778 Project:Torrey Pines Rd. Trunk Sewer Location :La Jolla, CA Owner:City of San Diego Value: $2,784,000.00 Contact Name:Joe Aroyo - RBKA Phone #:(858) 638-9518 Project: Sanitary Sewer Upgrade FY 00-01 Location: Coronado, CA Owner:City of Coronado Value: $397,000.00 Contact Name:Joe Bride Phone #:(619) 522-6571 Project: Marina Interceptor Sewer Location:Marina del Rey, CA Owner:City of Los Angeles Value: $5,780,000.00 Contact Name:John Hughey Phone #: Project:La Jolla -Pacific Beach Trunk Sewer - Manhole & Vault Location :La Jolla & Pacific Beach areas, San Diego, CA Owner:City of San Diego Value: $2,168,450.00 Contact Name: Ralph Adamos Phone #:(858) 627-3266 cBRH on GARVERWEST 8RH i:,, fv;,iur Gorjp, Roaa, CA 92120 corn 8465 '9 A Ti PH 619-265-0537 FX 619-265-8672 Project: Construction of Sewer Group Job 635 Location: Downtown San Diego, CA Owner:City of San Diego Value: $1,476,000.00 Contact Name:Joseph Diab Phone #:(858) 627-3272 Project:West Linda Vista Trunk Sewer Phase 2 Location:Linda Vista area, San Diego, CA Owner:City of San Diego Value: $1,146,000.00 Contact Name:Douglas Cook - SKE Phone #:(858) 654-4215 Project: Elsinore - Regional Reclamation Facilities (BRH Garver worked as sub to NDB) Location : Lake Elsinore, CA Owner:Elsinore Valley Municipal Water Dist. Value: $500,000.00 Contact Name:Joe Stengle (NDB General Contractor) Phone #:(619) 291-6330 Project:Sewer Group Job 530 Location:Point Loma area, San Diego, CA Owner:City of San Diego Value: $759,000.00 Contact Name:Alejandro Ruiz Phone #:(858) 627-3298 Project: Construction of Sewer Group 641 Location :La Jolla,CA Owner:City of San Diego Value: $3,100,000.00 Contact Name:Saeed Askari Phone #:(619) 533-3147 C BRH OMWGARVERWEST BRH "West Inc. "'�"'10 E o'g� Roa'." San Ogo, C;A 92120 I-1c,14 645319 A PH 619-265-0537 FX 619-265-8672 Project:As Needed -Minor Street Improvement Project - Contract 1 Location: Various locations, San Diego, CA (as needed) Owner:City of San Diego Value: $2,000,000.00 Contact Name:Danny Schrotberger Phone #:(619) 533-3778 Project:Sewer Main Replacement Group 607 Location: South/East San Diego, CA Owner:City of San Diego Value: $867,000.00 Contact Name: Dave Zoumaras Phone #:(858) 627-3252 Project: North Mission Valley Interceptor Sewer Phase 2 Location: Mission Valley area, San Diego, CA Owner:City of San Diego Value: $5,293,000.00 Contact Name: Ralph Adamos Phone #:(858) 627-3266 Project: Sewer Group 629 Location: South/East San Diego, CA Owner:City of San Diego Value: $1,500,000.00 Contact Name:Ralph Adamos Phone #:(858) 627-3266 Project: East Linda Vista Trunk Sewer Phase 1 Location:Linda Vista area, San Diego, CA Owner:City of San Diego Value: $2,400,000-00 Contact Name: Dave Zoumaras Phone #:(858) 627-3252 BRH on GARVERWEST BRH Gar,�,- Wesf, wc 6910 tl:ssfur Gorg'Roaa, Sal-) ")!ego GA 92.12,) L3o#d4,13819A PH 619-265-0537 FX 619-265-8672 Project: Sewer Group 507 Location:Golden Hills area, San Diego, CA Owner:City of San Diego Value: $1,500,000.00 Contact Name:Dave Zoumaras Phone #:(858) 627-3252 Project:Miramar Pipeline Rehabilitation Location: Miramar area, San Diego, CA Owner:City of San Diego Value: $1,850,000.00 Contact Name:Dave Zoumaras Phone #:(858) 627-3252 Project: Water Group 508 Location:Golden Hills area, San Diego, CA Completion Date:August 94 Owner:City of San Diego Value: $1,100,000.00 Contact Name:Dave Zoumaras Phone #:(858) 627-3252 Project:North Mission Valley Interceptor Phase I Location: Mission Valley area, San Diego, CA Owner:City of San Diego Value: $11,000,000.00 Contact Name:Dave Zoumaras Phone #:(858) 627-3252 c BRH on GARVERWEST BRH Garver Nes-, �r- 110 � C�,qe Roac, i3, CA 9212,0 ;,on-, L!,-# 64�819 A PH 619-265-0537 FX 619-265-8672 Bid Bond Surety Department KNOW ALL MEN BY THESE PRESENTS, Bond No.n/a That we, BRH-Garver West, Inc. as Principal, hereinafter called the Principal, and the Hartford Casualty Insurance Company , a corporation created and existing under the laws of the State of Indiana , whose principal office is in Hartford, Connecticut , as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of ten percent (10%) of amount bid Dollars ( $ 10% A.B. ), 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 Warner Avenue Gravity Sewer - From Los Patos Avenue to Pacific Coast Highway - Project No. CC1269 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 biddings or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 27th day of June A.D. 20 06. Witness (Iflndividuai) 211A Form S-32664 Printed in U.S.A. 12-70 BRH-Garver W, - (Principal) Inc. (SEAL) (SEAL) (Title) (SEAL) Hartford Casualtv Insurance Comnanv (SEAT.) Sue KA&-r_Att6rne -in-Fact (Title) (SEAL) Houstoun, Woodard, Eason, Gentle, Tomforde, ' and Anderson, Inc. dba Insurance alliance 1776 Yorktown, Suite 200 Houston, Texas 770564114 i TDI License #1381 FEIN #760361043 Direct Inquides/Claims to: THE HARTFORD POWER OF ATTORNEY 690 ASYLUMND-4 AVENUE HARTFORD, CONNECTICUT 06115 calla 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 61-600074 & 46-505987 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana X 1 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited. Donald E Woodard, Jr, Harlan J. Berger, Andrew J. Janda, C. W. Adams, Sue Kohler, Leland L. Rauch, Sharon Cavanaugh, Cheryl R. Colson, Michael Cole, JoAnn Parker of Houston, TX their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by Z, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. 'fi 5 r mcane.rr:: F toei 0-- O."o • ;• •. aJ+necexv�J� ��suM� -"� t$p9 err $i 1$?��tl' 2919 !A '-� C" . Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD ))) David T. Akers, Assistant Vice President On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ' rUR>G * Scott E. Paseka NotaryPublic CERMCATE My Commission Expires October 31, 2007 1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of June 27, 2006. Signed and sealed at the City of Hartford. Y� � F�ttr, 't eegy� 1cr ,yr � =" • } ,�w.t► ^: � s�`°++cc.c,wlw^ • yy�� �4, t$?9 : ` $79�rie -& 19 fig ♦ } Ey�... ^ i)YA 'm i.}.�D • '`mom°tlltlllf �IAb41 Gary W. Stumper, Assistant Vice President POA 2004 s State of Texas County of Harris On this 27th day of June, 2006 before me personally came Sue Kohler to me known to be an Attorney -in -Fact of Hartford Casualty Insurance Company, the corporation described in the within instrument, and she acknowledged that she executed the within instrument as the act of the said Hartford Casualty Insurance Company in accordance with authority duly conferred upon her by said compaj Sharon J. Cav nigh Notaif Public SHARON J CAVANAUGH , Notary Public State of texas My Commission Expires March 7. 2007 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 2, 2006 Mladen Buntich Construction Co., Inc. 1500 W. 9th Street Upland, CA 91786-5636 Re: CC-1269 — Warner Avenue Gravity Sewer Project CALIFORNIA 92648 Enclosed please find your original bid bond issued by Fidelity and Deposit Company. Jo L. Fiynn City Clerk JF:pe Enclosure g:/followup/cashcont/returnbidbond.doc procedure #13 ( Telephone: 714-536-5227 ) City of Huntington Beach 2000 Main Street Huntington Beach, Ca. 92648 BID PROPOSAL FOR: WARNER AVENUE GRAVITY SEWER CC1269 Bid Date: June 13, 2006 at 2:00 PM M SECTION C PROPOSAL for the WARNER AVENUE GRAVITY SEWER at From Los Patos Avenue to Pacific Coast Highway PROJECT No. CC-1269 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 200 working days, starting from the date of the Notice to Proceed, and complete all necessary submittals within 40 working days from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. City of Huntington Beach — Warner Ave. Sewer C - 1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 6%6 6� in the amount of $ Wto COO 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). Bic, . ., ... .. ... ... City of Huntington Beach — Warner Ave. Sewer C - 2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of �'ubeontrae`tor aState License Clacss of Work Number +o CA . q(.©1 le A dAQN t 01AM 4 . -134 aR3 A J 6wc A, (7, 77 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. City of Huntington Beach — Warner Ave. Sewer C - 3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange 'I--'1L A06-0i BIJ41 0-1 , being first duly sworn, deposes and says that he or she is 406,:h-- of Q We the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or ,corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded; conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 4�- Subscribed and sworn to before me this 2-q NOTARY Name of Bidder 1GMW • °t U5%. t. .�*b,cr4 • Q+"'icy. Address of Bidder day of 51uK1e— , 20 I......MM KRISTI M. LAFLAE d' COMM. #1550305 d' �j NOTARY PUBLIC - CALIFORNIA COUNTY U �Q SAN BERNARDINO My Comm. Expires Feb. 5, 2009 NOTARY SEAL City of Huntington Beach — Warner Ave. Sewer C - 4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Warner Avenue Gravity Sewer, (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 instructions 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. Title Date: 60 • t2b, GC,. City of Huntington Beach — Warner Ave. Sewer 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 ko 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. City of Huntington Beach — Warner Ave. Sewer C - 6 ■ COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: (R. 13• a(Vo City of Huntington Beach — Warner Ave. Sewer C - 7 Title G. . UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. City of Huntington Beach — Warner Ave. Sewer C - 8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, State Zip ( RD9 ) 420 • Rq-1'1 Telephone Number ; 3-ZW4 A State Contractor's License No. and Class (. • 14.68 Original Date Issued (0•1:30,0te Expiration Date The work site was inspected by �,�?.OrY'' i'�Plta,t of our office on 6N 2(' , 200(o, The following are persons, firms, and corporations having a principal interest in this proposal: • ►„ s • tom. i, City of Huntington Beach — Warner Ave. Sewer 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. Printed or Typed Signature Subscribed and sworn to before me this2 day of UU-Mer , 200 KRISTI M. LAFLAMME COMM. #1550305 d' NOTARY PUBLIC - CALIFORNIA ( j SAN BERNARDINO COUNTY M NOTARY PUBLIC a 9MY Comm. Expires Feb. 5, 2009 ,t1J _ JI Q YYIJ/t_ 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: 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work City of Huntington Beach — Warner Ave. Sewer C - 10 Date Completed Date Completed Mladen Buntich Construction Company, Inc. Job References -Work in Progress Name of Owner Type of Work Year Work Contract Completed Amount Los Angeles County Sanitation District 1955 Workman Mill Road 8000 LF Whittier, Ca. 90601 T-lock Attn: Mr. Tommy Sung 562-699-7411 Rehabilitation Joint Outfall "A" Trunk Sewer Sewer Pipeline 2006 $12,618,068 Orange County Sanitation District P.O. Box 8127 Fountain Valley, Ca. 92728 1500 LF Attn: Mr. John Linder 714-962-2411 36" VCP Newport Beach Pump Station Sewer Pipeline Sewer Pipeline Metropolitan Water District of Southern California 700 Moreno Avenue 1,800 LF La Verne, Ca. 91750 54" CML&C Attn: Mr. Paul R. Weston 909-392-5374 Tunnel/Open Cut Yorba Linda Bypass Feeder Water Pipeline Reyes Construction, Inc. 1383 S. Signal Drive Pomona, Ca. 91766 15,000 LF Attn: Mr. Joe Reyes 909-622-2259 24" CML&C Madrona Pipeline Water Pipeline City of Los Angeles 600 S. Spring Street 300 LF Los Angeles, Ca. 90014 36" VCP Attn: Mr. Keith Hanks 213-847-8770 Open Cut/Tunnel Slauson/Van Ness COS Sewer Diversion Sewer Pipeline Los Angeles County Sanitation District 1955 Workman Mill Road 1900 LF Whittier, Ca. 90601 27"/36" VCP Attn: Mr. Tommy Sung 562-699-7411 Open Cut District No. 21 Trunk Sewer Sewer Pipeline City of Santa Monica 1685 Main Street 1900 LF Open Cut 2006 $1,325,000 2006 $5,915,000 2006 $4,900,000 2006 $2,858,500 2006 $856,000 2006 $4,081,450 2006 $2,476,000 Confidential Page 1 6/1 /2006 Mladen Buntich Construction Company, Inc. Job References Name of Owner Type of Work Year Work Contract Completed Amount Orange County Water District 10500 Ellis Avenue Fountain Valley, Ca. 92728 Attn: Mr. Mike Markus 714-378-3200 Green Acres Reach 1, 2 and 3 Orange County Sanitation District P.O. Box 8127 Fountain Valley, Ca. 92728 Attn: Mr. John Linder 714-962-2411 Baker -Gisler Sewer Interceptor City of Los Angeles 170,000 LF 4" — 36" CML&C/DIP Reclaimed Water Pipeline 10,000 LF 90" RCP 12"- 18" VCP Sewer Pipeline 600 S. Spring Street 8,000 LF Los Angeles, Ca. 90014 42" RCP Attn: Mr. Keith Hanks 213-847-8770 Microtunnel- Vicksburgh Avenue Sewer Interceptor Sewer Pipeline County of Los Angeles -Department of Public Works 900 South Fremont Avenue 15,000 LF Alhambra, Ca. 91803 12"- 54" RCP Attn: Mr. Keith Lehto 818-458-3104 84"- 104" RCP Project 9050 Storm Drain Canyon Storm Drain -Monrovia Storm Drain Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine, Ca. 92718 10,000 LF Attn: Mr. Bill Stewart 714-453-5610 24"- 36" CML&C Dyer Road Well Facilities Flow/Pump Facilities City of San Diego Metropolitan Wastewater Department 9291 Topaz Way San Diego, Ca. 92123 9,200 LF Attn: Mr. Wayne Papac 619-533-5403 12" Ductile Iron Pipe Digested Sludge Pipeline/PIG Station PIG Station/Pipeline City of Los Angeles -Department of Water & Power 111 North Hope Street Los Angeles, Ca. 90012 20,820 LF Attn: Mr. Willie V. Dostal 213-367-8826 54" Ductile Iron Pipe East Valley Recycling Project -Phase 1 Water Pipeline City of Los Angeles 1993 $22,251,282 1995 $8,810,716 1996 $5,671,015 1996 $3,762,159 1993 $4,149,911 1997 $3,292,854 1997 $2,849,000 1997 $5,844,215 600 S. Spring Street 6,200 LF Los Angeles, Ca. 90014 99" HOBAS Attn: Mr. Keith Hanks 213-847-8770 Slipliner- MAZE 11 Interceptor Sewer Sewer Pipeline 1998 $8,746,319 Los Angeles County Sanitation District 1955 Workman Mill Road 2,500 LF Whittier, Ca. 90601 33" HOBAS Attn: Mr. Tommy Sung 562-699-7411 Slipliner- Joint Outfall "C" Trunk Sewer Sewer Pipeline 1998 $3,811,528 Confidential Page 1 6/1/2006 Page 2 of 4 Mladen Buntich Construction Co., Inc. Job References Name of Owner Type of Work Year Work Contract Completed Amount Los Angeles County Sanitation District 1955 Workman Mill Road Whittier, Ca. 90601 5,000 LF Attn: Mr. Tommy Sung 562-699-741 1 42"- 60" RCP North Long Beach Sewer Sewer Pipeline 1998 $2,594,260 Los Angeles County Sanitation District 1955 Workman Mill Road 3,500 LF Whittier, Ca. 90601 57" HOBAS Attn: Mr. Tommy Sung 562-699-7411 Slipliner- Joint Outfall "D" Sewer Pipeline 1998 $1,977,824 Los Angeles County Sanitation District 1955 Workman Mill Road 8,000 LF Whittier, Ca. 90601 36" VYLON Attn: Mr. Tommy Sung 562-699-741 1 Slipliner- District 5 Interceptor Sewer Sewer Pipeline 1998 $2,829,427 City of Los Angeles 600 S. Spring Street Los Angeles, Ca. 90014 6,500 LF Attn: Mr. Keith Hanks 213-847-8770 24" DIP Terminal Island Sewer Pipeline Sewer Pipeline 1998 $1,410,568 Orange County Sanitation District P.O. Box 8127 Fountain Valley, Ca. 92728 11,000 LF Attn: Mr. John Linder 714-962-2411 36"/42" VCP Miller -Holder Sewer Sewer Pipeline 1999 $5,804,592 Calleguas Municipal Water District 2100 Olsen Road Thousand Oaks, Ca. 91360 900 LF Attn: Mr. Steve Fiori 805-579-7156 24" CML&C Newbury Park Lateral #2 Water Pipeline 1999 $539,088 Calleguas Municipal Water District 2100 Olsen Road Thousand Oaks, Ca. 91360 15,000 LF Attn: Mr. Steve Fiori 805-579-71 18 8"- 30" CML&C/DIP Recycled Water Transmission System Water Pipeline 1999 $1,969,889 City of Santa Monica 1685 Main Street 3,000 LF Santa Monica, Ca. 90401 24"-42" RCP/DIP Attn: Ms. Susan Lowell 310-458-8721 Microtunnel- Appian Way Influent Sewer & Force Main Sewer Pipeline 1999 $1,957,762 City of Los Angeles 600 S. Spring Street 1,500 LF Los Angeles, Ca. 90014 24" STEEL/DIP Attn-. Mr. Keith Hanks 213-847-8770 Microtunnel- Fries Avenue Force Main Sewer Pipeline 1999 $3,947,995 City of Los Angeles -Department of Water & Power 111 North Hope Street Los Angeles, Ca. 90012 30,100 LF Attn: Mr. Willie V. Dostal 213-367-8826 54" Ductile Iron Pipe East Valley Recycling Project -Phase 2 Water Pipeline 2000 $9,022,623 Confidential Page 2 6/1/2006 Page 3 of 4 Mladen Buntich Construction Co., Inc. Job References Name of Owner Type of Work Year Work Contract Completed Amount West Basin Water District 17140 South Avalon Blvd., Suite 210 Carson, Ca. 90746 12,900 LF Attn: Mr. Paul Cook 310-217-241 1 12"-36" DIP/HDPE Recycled/Water Pipelines Water Pipeline 2000 $4,906834 Los Angeles County Sanitation District 1955 Workman Mill Road Whittier, Ca. 90601 10,000 LF Attn: Mr. Tommy Sung 562-699-7411 72" RGRCP Joint Outfall "B" Interceptor Sewer Sewer Pipeline 2000 $7,022,318 City of Los Angeles 600 S. Spring Street 3,285 LF Los Angeles, Ca. 90014 12"/18" VCP Attn: Mr. Keith Hanks 213-847-8770 Microtunnel Muskingum Diversion Sewer Sewer Pipeline 2000 $5,898,092 City of Los Angeles 600 S. Spring Street 10,000 LF Los Angeles, Ca. 90014 39"/45" VCP Attn: Mr. Keith Hanks 213-847-8770 Tunnel/Microtunnel Rosewood Interceptor Sewer Sewer Pipeline 2000/2001 $14,850,550 City of Long Beach 1800 East Wardlow Road 12,825 LF Long Beach, Ca. 90807 8"-15" VCP Attn: Ms. Rosemary Hoerning 562-492-9631 Microtunnel Ocean Blvd. Sewer Replacement Sewer Pipeline 2000/2001 $2,585,008 City of Los Angeles 600 S. Spring Street 500 LF Los Angeles, Ca. 90014 12" RCP Attn: Mr. Phillip Wilson 310-575-8387 Ozeta Storm Drain Emergency Repair Storm Drain Pipeline 2001 $77,000 County of Los Angeles -Department of Public Works 900 South Fremont Avenue 1,600 LF Alhambra, Ca. 91803 24" CML&C Microtunnel Attn: Mr. James Enriquez 626-458-7844 Marina Del Rey Water Line Water Pipeline 2001 $2,227,067 City of Los Angeles 650 S. Spring Street 600 LF Los Angeles, Ca. 90014 12" RCP Attn: Mr. Carl Mills 213-847-6516 Lincoln Avenue Storm Drain Repair Storm Drain Pipeline 2002 $48,000 City of Los Angeles 650 S. Spring Street 575 LF Los Angeles, Ca. 90014 18" VCP Attn: Mr. Carl Mills 213-847-6516 Glencarin Storm Drain Replacement Storm Drain Pipeline 2002 $269,673 City of Los Angeles 600 S. Spring Street 5,300 LF Los Angeles, Ca. 90014 72" HOBAS Attn: Mr. Keith Hanks 213-847-8770 Slipliner- MAZE 3 Interceptor Sewer Sewer Pipeline 2002 $9,435,247 Confidential Page 3 6/1/2006 Page 4 of 4 Mladen Buntich Construction Co., Inc. Job References Name of Owner Type of Work Year Work Completed Contract Amount City of Los Angeles 600 S. Spring Street 15,300 LF Los Angeles, Ca. 90014 42"/39" HOBAS Attn: Mr. Keith Hanks 213-847-8770 Slipliner- Hollywood Main Interceptor Sewer Sewer Pipeline 2002 $8,332,724 Capistrano Valley Water District 32400 Paseo Adelanto 26,600 LF San Juan Capistrano, Ca. 92675 24" CML&C Attn: Mr. Mark Butier 714-832-7222 SC-04 South Connectors 1 & 2 Pipeline Water Pipeline 2003 $4,956,741 AMOROSO Construction/City of Los Angeles 275 East Baker Street, Suite "B" 1,800 LF Costa Mesa, Ca. 92626 66" RGRCP Attn: Mr. Roger Schotter 714-433-2326 66" Sewer Replacement in Maple Street Sewer Pipeline 2003 $2,108,673 Orange County Water District 10500 Ellis Avenue 9,070 LF Fountain Valley, Ca. 92728 42"/20" CML&C Attn: Mr. Mike Markus 714-378-3200 South East Barrier Pipeline Water Pipeline 2003 $3,772,043 Los Angeles County Sanitation District 1955 Workman Mill Road 470 LF Whittier, Ca. 90601 54" HOBAS Attn: Mr. Tommy Sung 562-699-7411 Slipliner- South Gate Sewer Repair Sewer Pipeline 2003 $430,209 County of Los Angeles -Department of Public Works 900 South Fremont Avenue 36,100 LF Alhambra, Ca. 91803 4"-30" CML&C/HDPE/PVC Attn: Mr. James Enriquez 626-458-7844 Dominguez Gap Barrier Project Unit 7B Water Pipeline 2004 $11,960,720 Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine, Ca. 92718 3,500 LF Attn: Mr. Bill Stewart 714-453-5610 30"- 36" CML&C Shady Canyon Pump Station & Pipeline Water Pipeline 2004 $4,827,000 Los Angeles County Sanitation District 1955 Workman Mill Road Whittier, Ca. 90601 8158 LF Attn: Mr. Tommy Sung 562-699-7411 90" RGRCP Joint Outfall "H" Interceptor Sewer Sewer Pipeline 2005 $15,304,147 Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine, Ca. 92718 3,100 LF MICROTUNNEL Attn: Mr. Bill Stewart 714-453-5610 36" HOBAS Jeffrey Road Sewer Pipeline 2005 $4,827,000 County of Los Angeles -Department of Public Works 900 South Fremont Avenue 2,155 LF MICROTUNNEL Alhambra, Ca. 91803 78"/84" RGRCP Attn: Mr. James Enriquez 626-458-7844 Hollyhills Drain Unit 88 (Phase 1) Storm Drain 2005 $5,240,903 Confidential Page 4 6/1 /2006 Addenda Item #3 - Revised Bid Schedule BID SCHEDULE FOR WARNER AVENUE GRAVITY SEWER MAIN Item Description Quantity. Unit Price Extended No. &'Unit Price 1. "Warner Avenue Gravity Sewer" mobilization, 1 LS y •� $ "/ ho o o 'D Z $ o oo o - demobilization, insurance, bonds and permits. 2. Document Pre -construction and Post -construction site 1 LS $ 'Zvoo conditions. 3. Receiving/Intermediate Shaft and manhole construction within 3 EA $ ` o ao o $ 0 00 0 — shaft, complete with appurtenances, as noted on drawings or specified. 4. Jacking Shafts and manhole construction within shafts, 5 EA $1jig 0 0 n _ $ 7_y o00 complete with appurtenances, as noted on drawings or specified. 4a. Jacking Shaft for Sunset Beach Lift Station, including 1 EA S y l o00 0 - $ y t o v00 manhole construction within shafts, complete with —'- a urtenances as noted on drawings orspecified. 5. Microtunneling: Directly -Jacked Microtunnel Pipe Installation 3,458 LF UP-0 o - $ z_C>-7 800 including cost of Microtunnel Jacking Pipe (Stations 9+90 to r 30+95 and 36+95 to 50+20) See Specifications for approved pipe manufacturers. 6. Microtunneling: Two -pass Steel Casing / 24-inch C-905 PVC 600 LF $1 V C h — $ °I_ 00 000'-' (Stations 30+95 to 36+95) (All costs for Bid Item 6 included in 2003 SSPWC, Section 306-8.4. 6a. Mirotunneling: Two -pass Steel Casing / 10-inch C-900 PVC 241 LF $ oo "' Q i mop (Stations 46+75 to 44+34 adjacent to Sunset Beach Lift Station) (All costs for Bid Item 6a included in 2003 SSPWC, Section 306-8.4. 7. Contingency Plan: Buried Obstruction in Stream Crossing near Sta. 36+00 Emergency Retrieval Shaft, Back Tunnel and Resumption of Microtunnelin . 1 LS $A2g oo o" $ 12go o '- 7A. Emergency Access Shaft 7B. Back Tunnel - 80 linear feet 1 LS $1 0 o o " $ oco 00 0 Statetunneling method here-he.,-'rk 1noe 7C. Resumption of Mi.crotunnelin 1 LS $ o o00 $ 5oc"o 8. Traffic Control. l LS $,?Sooao 9. "Warner Avenue Gravity Sewer" open -cut installations, and 1 LS $ 6Q0© 00- sewer tie-ins including all a urtenant work. 10. Abandonment of existing sewer pipelines as shown or 1 LS $ o 0 o - $,QB specified. 11. As -Built Plans. 1 LS $ 7-5-0 0 - $ 2T_51c) o Total Bid amount in Words E', h�nt' in 1; Dy1 +"rC.tr,1V n r)of t n --{dip v S &,VA S ; X Inv TOTAL laid Amount in Figure S 3 1 o L O O City of Huntington Beach Addenda # 1 - Page 3 Warner Ave. Sewer Additive Alternative Bid Items: 12 Work at Existing Lift Station "B" 12.1 Demolition and disposal of Interior & Exterior Piping, Ductwork, 1 LS $ 000cs $ 0-011 Conduit, Wiring andEquiRment 12.2 Filling Lift Station "B" with Lean Mix Concrete I LS $ 000 $1� 0 13 Work at Existing Lift Station "C" Demolition and disposal of interior & Exteriorr. Piping, Ductwork, 1 LS $ vTa $ 420 13.1 ment Conduit Wiring and Equipment 13.2 Filling Lift Station "C" with Lean Mix Concrete I LS $ o000 $ 0000 14 Work at Existing Lift Station "D'° Demolition and disposal of Interior &Exterior Piping, Ductwork,inS $ 2- $ 3 5eoo 14.1 Conduit Wiring and Equipment 14.2 Filling Lift Station "D" with Lean Mix Concrete I LS $ 3Qeo S14000 -' LS shall mean Lump Sum, LY shah mean Lineal Feet, EA. shal l mean Each Refer to Measurement and Payment, Section 1.7 — Bid Items for additional descriptions of bid items listed above. Total Add Alternate Amount in Words, — TOTAL Add Alternate Amount in Figure $ 1 'Z. $ O o b City of Huntington Beach Addenda # 1 —Page 4 Warner Ave. Sewer 4. FAX COVER SHEET , _n � .'sn � • 1500 W. 9th Street Upland, CA 91763 CITY OF HUNTINGTON BEACH Public Works Department 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 FAX (714) 374-;1573 TO. Pre -Bid. Attendee DATE: May 25, 2005 COMPANY: Mladen Buntieh Construction Co. FAX NO: 909-920-9905 SHEET: 12 NUMBER OF PAGES INCLUDING COVER FROM: Doug Erdman, Associate Civil Engineer PROJECT NAME: WARNER AVENUE GRAVITY SEWER PROJECT NUMBER: CC-1269 CONTACT PERSON: Doug Erdman, Associate Civil Engineer, (714) 374-1735 PLEASE NOTIFY ME IMMEDIATELY AT (714) 3 74-173 5 IF ALL PAGES ARE NOT RECEIVED PROPERLY. Specification Items covered in this Addenda: Addenda Item 41. — Plan Sheet 13,14,15 & 16 — General Notes Traffic Control Note #5 Specification Items covered in this Addenda: Addenda Item #2 -- Revised Section B, Item 17 Addenda Item #3 — Revised Bid Schedule Addenda Item #4 -- Revised Section 9, 1..7 Bid Items 5 & 5a Addenda Item #5 — Revised Section 9, 1.7 Bid Items 6a Addenda Item #6 — Appendix F — Bond Forms Addenda Item 07 — Appendix E — Insurance Form Addenda Item #1— Plan Sheet 13,14,15 & 16 — General Notes ')traffic Control Note #5 [Add the following to Note 5]: ACTIVE JACKING AND RECEIVING PITS PROTECTED BY K-RAIL AND SECURED FENCING ARE EXEMPTED FROM NIGHTLY PLATING BY THE CONTRACTOR Addenda .item 02 — Revised Section B, Item 17 fRe.place Item 17 with the followin 17. Submission Of Bonds And Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. See Appendix F for the City approved Payment and Performance Bond Forms. The Contractor may use any standard form for the Bid. Bond. The successful bidder shall provide a certificate stating that the bonding company is admitted to do business in the State of California. This certification may be obtained from the Executive Officer and Clerk of the Superior Court at the following address & phone: Orange County Superior Court Probate Court Operations 341 The City Drive P.O. Box 14171 Orange, CA 92613-1571 (714) 935-6061, Contact Linda C. Wallace Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a,Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. City of Huntington Beach Addenda # 1 — Page 2 Warner Ave. Sewer Addenda Item 93 - Revised Bid Schedule BID SCHEDULE FOR WARNER AVENUE GRAVITY SEWER MAIN Item Description Quantity Unit Price Extended No. &Unit Price 1, "Warner Avenue Gravity Sewer" mobilization, 1 LS $ $ demobilization, insurance, bonds and permits. 2. Document Pre -construction and Post -construction site 1 LS $ $ conditions. 3. Receiving/Intermediate Shaft and manhole construction within 3 EA $ $ shaft, complete with appurtenances, as noted on drawings or specified. 4. Jacking Shafts and manhole construction within shafts, 5 EA $ complete with appurtenances, as noted on drawings or specified. 4a. Jacking Shaft for Sunset Beach Lift Station, including I EA $ $ manhole construction within shafts, complete with appurtenances, as noted on drawings orspecified. 5. Microtunneling: Directly -Jacked Microtunnel Pipe Installation 3,458 LF $ $ including cost of Microtunnel Jacking Pipe (Stations 9+90 to 30+95 and 36+95 to 50+20) See Specifications for approved pipe manufacturers. 6. Microtunneling: Two —pass Steel Casing / 24-inch C-905 PVC 600 LF $ $ (Stations 30+95 to 36+95) (All costs for Bid Item 6 included in 2003 SSPWC, Section 306-8.4. 6a. Mirotunneling: Two -pass Steel Casing / 10-inch C-900 PVC 241 LF $ $ (Stations 46+75 to 44+34 adjacent to Sunset Beach Lift Station) (All costs for Bid Item 6a included in 2003 SSPWC, Section 306-8.4. 7, Contingency Plan, Buried Obstruction in Stream Crossing near Sta. 36+00 Emergency Retrieval Shaft, Back Tunnel. and Resumption of Microturinelin . 1 LS $ $ 7A. Emergency Access Shaft 7B. Back Tunnel — 80 linear feet 1 LS $ $ State tunneling method here 7C. Resumption of Microtunneling 1 LS $ $ 8. TrafCc Control, I LS $ $ 9, "Warner Avenue Gravity Sewer" open -cut installations, and 1 LS $ $ sewer tie-ins including all a urtenant work. 10. Abandonment of existing sewer pipelines as shown or 1 LS $ $ specified. 11, As -Built Plans. 1 LS $ $ Total Bid amount in Words TOTAL Bid Amount in Figure S City of Huntington Beach Addenda # 1 — Page 3 Warner Ave. Sewer Additive Alternative Bid Items: 12 Work at Existing Lift Station "B" 1 LS $ $ 12.1 Demolition and disposal of Interior & Exterior Piping, Ductwork, Conduit, Wiring and ui ment 12.2 Filling Lift Station "B" with Lean Mix Concrete 1 LS $ $ M k at Existing Lift Station "C" Inq $ 13.1 Demolition and disposal of interior & Exterior Piping, Ductwork, Conduit Wiringand Equipment 13,2 Filling Lift Station "C" with Lean Mix Concrete 1 LS $ 14 Work at Existing Lift Station "D" I LS $ S 14.1 Demolition and disposal of Interior & Exterior Piping, Ductwork, Conduit Wiring and Equipment 14,2 Filling Lift Station ".D" with Lean Mix Concrete 1 LS $ S LS shall mean Lump Sum, LF shall mean Lineal Feet, EA. shall mean Each Refer to Measurement and Payment, Section 1.7 - Bid Items for additional descriptions of bid items listed above, Total Add Alternate Amount in Words TOTAL Add Alternate Amount in Figure $ City of Huntington .Beach Addenda # 1 — Page 4 Warner Ave. Sewer Addenda Item 94 — — Revised Section 9,1.7 Bid Items 51 5a,5b & 5c Note Items Sa• Sb and Sc have been deleted and the corresponding information has been. incorporated into Item 2 e lace Item 5 with the followin : Bid Item 5: Directly Jacked Pipeline Installed by 1V)icrotunneling "Pipeline Jnstalled by Microtunneling" shall include, but not be limited to, the following work installed in full compliance with the contract documents: A. Microtunneling installation of the carrier pipe in cor►formance with the line and grade requirements shown by the contract documents. Unit Price includes cost of Microtunnel Jacking Pipe. See below for B. Launching and retrieving the rnicrotur reeling machine at each Shaft, as required for the intended construction. C. Installation and monitoring of Surface Monitoring Points, Inclinometers, and other devices per Specification. D. Active Zone Monitoring per Specification Section 315 E. Exfiltration. testing the sewer. F. CCTV video inspection of the sewer. G. Mandrel testing the sewer. Payment for Bid Item 5 shall be made at 90% unit cost bid item, in accordance with the linear feet of pipeline installed complete, to the design line and grade per the contract documents. Monthly payments will be made proportionate to the length of pipeline .installed that month. The remaining 10% will be paid upon completion of survey and completion of all testing and inspection. Measurement of the sewer length shall. be from the inside face of the Upstream Structure to the inside face of the Downstream Structure to which the sewer is connected. Monthly payments will be made proportionate to the length of sewer installed that month. Approved Microtunnel Jacking Pipe Types Section 1: (Stations 9+90 to 30+95 and Stations 36+95 to 50+20) (3430 total linear feet): "Extra. Strength." Vitrified Clay Jacking Pipe (ASTM C 1208) by Can -Clay or Mission Clay Hobas Jacking Pipe (ASTM D 3262) Polymer. Concrete Jacking Pipe (ASTM D 6783) by Meyer City of Huntington Beach Addenda # 1 — Page 5 Warner Ave. Sewer Addenda Item #5 — — Revised Section 9, I.7 Did Item 6a [Replace Item 6a with the following]: Bid item 6a: Two -pass Funneling: Sunset Beach Lift Station: Station 46+75 to 44+34 per DGA Consultants Plan Sheet. The contractor shall be required to jack steel casing as required to match the outside diameter of the Mirotunnel Boring Machine (MTBM). The Contractor is permitted to use a smaller casing diameter for this reach however; the minimum size allowed shall not be less than 16-inches LD. Should the contractor elect to use a smaller casing for this reach, all costs for the reduction in casing size shall be included in the Bid Price for the Sid Item 6a. The void shall he grouted The steel casing will require full-circurnferencial, full -depth butt -welds at all casing joints prior to jacking each casing forward. The steel casing shall have a minimum factor of safety of 2.0 relative to jacking capacity. Calculations demonstrating that the casing meets all this criteria shall be submitted and approved prior to the contractor ordering steel casing. Payment for steel casing included in 2000 SSPWC, Section 306-8.4. Upon steel casing installation complete to the design line and grade per the contract documents, 10-inch C-900 PVC pipe shall be installed inside the steel casing with casing centralizers and backfUled completely with cellular grout. Contractor shall prevent pipeline from floatation during grouting operation. Contractor shall fill pipeline with. water and circulate during outing to prevent damage to PVC pipe. City of Huntington Beach Addenda # 1— Page 6 Warner Ave. Sewer City of Huntington Beach Warner Ave. Sewer Addenda Item #6 — Appendix F — Bond Forms APPENDIX F BOND FORMS Addenda # ] — Page 7 Bond No, PERFORMANCE BOND KNOW All PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as "CM has, by written agreement dated 20L __ entered Into a contract with (name and sddrew of 09TArat0t) (hereinafter referred to as "Principal"), for performance of the work described as follows: (Project Tide) WHEREAS, said contract, and all documents referenced thereln (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 fumish a bond guaranteeing the prompt, full and faithful performance of said Contract NOW THEREFORE, we, the undersigned, as Principal, and (name and addrass of Surely) (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 Dollars (S ), 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 It the Principal shall promptly, fully and falthfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance With the terns 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 Clty'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 low 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 terns or the obligations of the Contract, Including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder, then this obligation shalt 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 VM1.1 PERFORMANCE BOND Pagel of 2 City of Huntington Beach Addcnda # 1 — Page S Warner Ave. Sewer Bond No. arty 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 oonfimIon of such adjusm ants In the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil COde §f 2845 and 2849. The obligations of this Band shall survive the completion of the work described in the Contract as to all obligations and liabllike of the Princlpal 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 Bet forth below, that the name of each corporate party being affixed hereto Is such pWs proper legal name and that the individuals signing this Instrument have been duly authorized pursuentto the authority or its governing body. Surety, by execution of this bond, wolves any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: ATTEST (Corporate Seal) (Principal Name) ATTEST (Corporate Seal) (Attach Attorney -In -Fact Certificate) By: Name: Title: (Surety Name) By: Name: (Signature of Attorney -In -Fact for Surety) t.___) (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY O UNTINGTON BEACH e fay enniferMC aril �sl�c ity Attorney Now 7w bond must be sXoeuW M dupdfcate and dated, ell Erg w*3 must be mtertzed, and evrdo = of the eumavfty of any pores S 9ftfiVes sf amey-ln-far.M must be l W-4sd 17."Ll Page 2 of 2 City of Huntington Beach Addenda # 1 — Page 9 Warner Ave. Sewer PERFORMANCE BOND Bond No. PAYMENT BONA (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to {name and address of Conbaator) (harainafter referred to as "Principal), a oontfaG ("Contracn for the work described as follows: tvr*Ut "9) 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 IrAms and address al surery) (e duty admitted surety insurer under the laws of the State of Callfomis and hereinafter marred to as "Surety"), as Surety, are held and firmly bound unto City In the penal turn of dollars, (S , this amount being not less than one hundred percent (100%) of the total price set forth In the Contract, In lawful money of the Vnited 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, suooessore, and assigns, Jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, F the Principal, his, her, or its heirs, executors, administratom, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Clvll Code ("Clelmantel for all labor, materials or services used or reasonably required for use In parformance 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 prevalling wages due and penalties Incurred pursuant to Sections 1774, 1775, 1013 or 1815 of the labor Code, or any amounts required to be deducted, withheld and pold 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'a fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteratlon, 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 Me obligations of Surety under this bond. Surety hereby wolves notice of any such change, ,,,,,,,,, PAYMENT 98ND Page i of 2 City of Huntington Beach Addenda # 1— Page 10 Warner Ave. Sewer Bond No. extension of time, alteration, addition, or modification to the terms of the Contract, the contract docunnant8 or the worts thereunder, Surety also waives the provisions of California Civil Code §§ 2845 and 2"9. IN WITNESS WHEROF, each party represents and warrants that this Instrument has been duly executed by Principal and Surety, on the data set forth below, that the name of each oorporats party being affixed hereto is such party's proper legal name and that the Individuals signing this Instrument have been duly avOof sd pursuant to the authority of Its governing body. Surety, by exacutbn 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: Ufal&1l (Corporate teary (Principal Name) ATTEST (Corporate Seaq (Attach Attorney -In -Fact Certificate) By; Name: Its: -- - - - - - (Surety Name) By: Name: (Signature of Attorney -In -Fact for Surety) t 1 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH ennifer Mct3rath U S/lS lye VAAttorney Note. 7NO bond must be axeeuteer in duppoats and dotod, aB slynaterea meat be notarized, and em*nce of th auft* of any person ataft as a tomayan-foot must be attached mew.t Page 2 of 2 City of Huntington Beach Addenda # 1 —Page 1 1 Warner Ave, Sewer PAYMENT BOND , f Addenda Item #7 — Appendix E — Insurance Form CONTRACTOR'S SWORN STATEMENT AND'WAYYtRANTY REGARDING C(7iV7iKUTNG INSURANCE OBIJGATkONS MOM. dF+RWEM XV*0clmr Rams) 1150 t.+ MMM) caty, Stabs W4 ZIP) TO: CM OF" UNI'fiitGMN BEAC" DECLARATION f ftedW halo Is a true and cirma cepir of the onei t C.e n6cam of Ira roxv a d AdMwW 1hwzd Endorsement c7G 2010 1185, which 'CergIcate oomylles with tte kmrar►oe nequhemaalbr of the GM trout by ant between the M of Huntington 5wh r0ly'j and the aboreiamed Ozftctar {"Cv*actor j 1br the abo e•deSa1 yed 1pro3ila ("FrqjecM. I dedw trade pendty of perJcry u:dtc the bra of the State of Catifornia that itte above statwent ism and cmwl. I swoon _ -- •20—.,at (Date) (COY. ) 0kriatureof kWduel Wh* is MaAing Dedaratlon) WAR MY Goreiaceor hereby wartants and ogees to matrNain Products and Connpleted overatiorts tnsurarxz rn car>piarx vdh ttm Wouranoe nuorements erg* Contract for the Project Sald insurance shall be mainwried Onugh and wd11 the v plr H 04 Warranb% pnr46W tN Cbntracw. Said h:9tremm shall wnWrt Aoswno Insterd Eridbfment CG =v 1185, wNrig MY as as addtd" ta'ured. Cxftacty ship mq* to M6 do at last an annual twt% a CLMcate of rowan and the etoferneMmw l'ndorsrment evil ridrg aorKeo c"erage which the aft -act regsarrentenbL Stgncd on 2Q-, at (Date') (City, stata) COMMACM Ma+1ee: rtetne: TW- 7s701.: This form to be turned in with Payment Bond City of Huntington Beach Addenda # I - Page 12 Warner Ave. Sewer 'i FAX COVER SHEET a• tt�J' CITY OF HUNTINGTON BEACH , ._`.E' Public Works Department 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 FAX (714) 374-1573 TO: DATE: June 6, 2006 K gm COMPANY: Mladen Buntich Construction Co. FAX NO: 909-920-9905 NUMBER OF PAGES INCLUDING COVER SHEET:2 FROM: Doug Erdman, Associate Civil Engineer PROJECT NAME: WARNER AVENUE GRAVITY SEWER PROJECT NUMBER: CC-1269 CONTACT PERSON: Doug Erdman, Associate Civil Engineer, (714) 374-1735 PLEASE NOTIFY ME IMMEDIATELY AT (714) 374-1735 IF ALL PAGES ARE NOT RECEIVED PROPERLY. ADDENDUM NUMBER TWO Items covered in this Addenda: Addenda Item #1—BID DATE CHANGE TO JUNE 27,2006 @ 2:OOPM Addenda Item #2 —Modification to Specification Section 6-7.1 TIME OF COMPLETION, General Addenda Item #3 —Modification to Specification 316-4.1 Shaft Construction General 1269 addenda 2 Transmittal . . « Addenda Item #1—BID DATE CHANGE TO JUNE 27, 2006 @ 2:OOPM The bid opening date has been revised to ensure that no petroleum, gas or fuel line run directly through any of the proposed jacking or receiving pit locations. Minor adjustments to the planned locations may be needed if conflicts are discovered. Any information regarding planned relocations will be issued in a future addenda. Addenda Item #2 — Modification to Specification Section 6-7.1 TIME OF COMPLETION, General [Modified to match working days in Section C of the Specifications] 6-7.1 General [Add the following:]. The time within which the Work must be completed by the Contractor is fixed at 200 working days; including pipe delivery, starting from and after the date in the Notice to Proceed with the Work, exclusive of maintenance periods. Addenda Item #3 —Modification to 316-4.1 Specification Shaft Construction General 316-4.1 Shaft Construction General. All shafts shall be constructed in compliance with SSPWC (2000) section 316-2.2 Design Criteria. Shaft construction methods shall always ensure the safety of the Work, Contractor's employees, Agency's employees, inspectors, the public, and adjacent property and improvements, whether public or private. [Delete the following:]. [Add the following:]. Vibratory methods will be allowed to install interlocking sheet pilings for use in the jacking and receiving pits, provided that auger holes are predrilled along approximately 50% of the perimeter length, and to a minimum depth of 80% of ultimate drive depth prior to installation of sheet pilings. This is to prevent excessive ground vibrations, noise and complaints from residents of the area. The contractor's shoring engineer shall verify that these requirements will work with their proposed design. 1269 addenda 2 Transmittal FAX COVER SHEET 11 TO: CITY OF HUNT.I.NGTON BEACH Public Works Department 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 FAX (714) 374-I573 DATE: June 23, 2006 COMPANY: Mladen Buntich Construction Co. FAX NO: 909-920-9905 NUMBER OF PAGES INCL. COVER SHEET: 2 FROM: Doug Erdman, Associate Civil Engineer PROJECT NAME: WARNER AVENUE GRAVITY SEWER PROJECT NUMBER: CC-1269 CONTACT PERSON: Doug Erdman, Associate Civil Engineer, (714) 3 74-173 5 PLEASE NOTIFY ME IMMEDIATELY AT (714) 374-1735 IF ALL PAGES ARE NOT RECEIVED PROPERLY. ADDENDUM NUMBER THREE Items covered in. this Addenda: Addenda Item #1 — Addition to Section. 306-8.2.8 Carrier Pipe. Addenda Item #2 — Response to bidder's question Addenda. Item #1 — 306-8.2.8 Carrier Pipe [Add the following:]. All polymer resin pipes shall have a inside diameter polyester lining of 40 mils thick applied to the manufactured pipe. All pipe .manufacturers shall be required to provide proof of 5 years of pipe manufacturing experience at the proposed place of .manufacture. All pipe products shall have a projected .retained strength safety factor relative to D- load of 1-0 at the end of 50 years. 1269 addenda 3 Transmittal Addenda Item #2 -- Response to bidder's question Situation: During the Microtunneling excavation drive the contractor's Microtunneling machine encounters an obstruction soan.e distance away from the planned target or recovery shaft, (i.e. 50 if for the sake of argument in this example). The contractor is then required to Back Tunnel from the target or recovery shaft to the head of. the Microtunneling machine. The contractor then completes the drive with the Microtunneling machine through the back tunnel to the target or recovery shaft. Question: For the installaton of the 50 If of pipe installed in the Back Tunnel, does the contractor get paid under the Microtunneling, Back Tunnel, or the Resumption of Microtunneling bid item.? Response: In the case that a back -tunnel iv required for obstruction removal, the contractor will be paid under back -tunneling and the microtunneling specified for that reach will be ,reduced by the appropriate footage 1269 addenda 3 Transmittal JUN. -05' 06 (MON) 10: 25 A LAWRENCE ASSOC. TEL: i 818 348 5472 Fidelityand Deposit Co �any POST OFFICE BOX 1227 OF MARYLAND BALITMORE. MD 212©3A1227 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Mhden Bnatich Constructikin Co.. Inc.. 1500 W. 9`° SIML Upland. CA 9178t called the "Principal"), and the FIDE1(TI AND DEP05JT COMPANY OF MARS Baltimore. Maryland 21203, a corporation duly organized under the laws of the State (hereinafter called the "Surety"), arc held and firmly bound unto City of Huntington Bt Huntington Beach. CA 92"S Obligee (hereinafter called the "Obligee % in the sum of I Amount Bid Dollars 10`/ for the payment of which sum well and truly to be made, the s Surety, bind ourselves our heirs, executors, administrators, successors and assigns, jointly and presents. WHEREAS, the Principal has submitted a bid for 24" Sewer Microtunnel NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal sb with the Obligee in accordance with the terms of such bid and give such bond or bonds as , bidding or contract documents with good and sufficient surety for the faithful performance of s prompt payment of labor and material furnished in the prosecution thereof, or in the event of tb to enter into such contract and give such bond or bonds, if the Principal shall pay to the Oblip exceed the penalty hereof between the amount specified in said bid and such larger amount for in good faith contract with another parry to perform the work covered by said bid, then this obt void, otherwise to remain in full force and effect. Signets and sealed this 5t t day of June A-D., M --- • ------------witness --^--`-'----.......... wiams MPH". 1.91 Z3071 Febwry 1110 ff* - Tine C. Michael Henley, Attorney in P. 001 Principal, (hereinafter Maryland as Surety, Principal and the said erally, firmly by these enter into a contract y be specified in the i contract and for the iiure of the Principal the difference not to rich the Obligee may lion shall be null and Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w ' set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s nate, constitute and appoint C. Michael HENLEY, of Canoga Park, California, its true e A n-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and a C d undertakings, and the execution of such bonds or undertakings in purs a en g upon said Company, as fully and amply, to all intents and purposes, wledged by the regularly elected officers of the Company at its office in , 'n ns. This power of attorney revokes that issued on behalf of C. Michae e an The said Assistant t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- any, and is now in force. IN WITNESS W OF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of April, A.D. 2003. ATTEST: 'gyp Dfios11 Wink State of Maryland I ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND T. E Smith Assistant Secretary By: Paul C. Rogers Vice President On this 15th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 POA-F 012-4874 CALIFORNIA•ACKNOWLEDGMENT SS S�> S;'�S >�<�S�.�S�S�S�S!�C S 5�����5 .' � ��S�.�S�.•�c�S S S S�S!�S^S 4 SAS S%-�.'��S�S �S�S-�S '�S State of California � � County of � &_RA c_4d C.-j s ss. On LO ?- D (o before me, • LAF& Yt OVE . AL49= V AL , Date Name and Title of Officer (e.g_, "Jane Doe; Notary Public") personally appeared @MY KRISTI M. LAFLAMMECOMM. #1550305 aNOTARY PUBUC - CAUFORNIA U rQSAN BERNARDINO COUNTY M Comm. Expires Feb. 5, 2009 Name(s) of personally known to me El p ed to -me GA the basis to be the person(* whose name(s) isfem subscribed to the within instrument and acknowledged to me that hefig4eAhey executed the same in hisA4erMieir authorized capacity(ie*, and that by his/i eir signature(a.) on the instrument the person(-s), or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and ^)official seal. K \h -� a ll! —y1�l Place Notary Seal Above . L bbb Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): j ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Top of Thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Tftle(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER L cam✓ i� i� :�✓ :� i� i� ✓ i� :� 3� 3�✓3� 3�✓ 3�✓b` ✓ :� 3� 3� :� i� 3� :�✓3� 8�✓>::✓ i� a�!ti :� i�✓Z� X�✓ ;�✓ :�✓ :� :�✓'.�✓8�✓3�✓i✓4W :�✓ J. CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 2, 2006 Affholder, Inc. 17988 Edison Ave. Chesterfield, MO 63005-3700 Re: CC-1269 - Warner Avenue Gravity Sewer Project CALIFORNIA 92648 Enclosed please find your original bid bond issued by American Institute of Architects. . "fj r4C) toan. Flynn City Clerk JF:pe Enclosure g:/followup/cashcont/retu rnbidbond. doc procedure #13 ( Telephone: 714-536-5227) 21 FH 1tl41 Affholder, Inc. 17988 Edison Avenue Chesterfield, MO 63005 — 3 7-oo CALIFORNIA CONTRACTORS LICENSE NO.: 654428 CLASS: "A" GENERAL ENGINEERING ORIGINAL DATE ISSUED: 09/18/1992 EXPIRATION DATE: 09/30/2006 SEALED BID: WARNER AVENUE GRAVITY SEWER PROJECT NO. CC-1269 IN THE CITY OF HUNTINGTON BEACH BID DATE: JUNE 27, 2006 AT 2:00 P.M. DO NOT OPEN WITH REGULAR MAIL City of Huntington Beach Office of the City Clerk 2000 Main Street Huntington Beach, California 92648 4 SECTION C PROPOSAL for the WARNER AVENUE GRAVITY SEWER at ' From Los Patos Avenue to Pacific Coast Highway PROJECT No. CC-1269 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 rthe City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 200 working days, starting from the date of the Notice to Proceed, and complete all necessary submittals within 40 working days from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule.- BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. 11 n 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. City of Huntington Beach — Warner Ave. Sewer C - 1 C� J L II L l� C F If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidder's Bonin the amount of $10% of Amt. Bi*hich said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Si ature No. 1 5/25/06 No. 2 6/6/06 No. 3 I City of Huntington Beach — Warner Ave. Sewer C - 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 of Work Name and Address of Subcontractor State License Number Class APIdtl� �,ZiFEv� �A 1 1 `7 o G 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. City of Huntington Beach — Warner Ave. Sewer C - 3 LIST OF SUBCONTRACTORS PORTION of WORK COMPANY NAME and ADDRESS STATE LICENSE NO. CLASS CITY UNIT COST OF WORK 0.02% Video Fact Documentation Service Service 1 LS $ 4150 Merritt Blvd La Mesa, CA 91941 619.589.0080 0.05% Performance Pipeline Technologies 825824 C-42 4299 LF $ MOOD 6972 Cumberland Cr Huntington Beach, CA 92647 714.891.3090 0.02% National Construction Rentals 687160 C 500 LF $ 1550 Chestnut Av Santa Ana, CA 92701 714.285.0243 7.86% McMahon Construction 816102 A 1 LS $ �111111V 2801 Comino Del Rio South Ste #202 San Diego, CA 92108 619.491.9355 1.16% G&F Concrete Cutting 590310 C61/D06/C21/C8 1 LS $ 410� POBox 10115 Santa Ana, CA 92711 714.648.0397 1.65% Toomey Industries 785688 C31/A 1 LS $ somp� 2400 E. 70th North Long Beach, CA 90805 562.272.6866 t 8226 2.76% Group Delta Consultants Inc. C42149 1 LS $ 92 Argonaut Sut 120 Reg Engineer No. Aliso Viejo, CA 92656 Exp Date 3/31/08 949.609.1020 ..04"0 Western Paving Contractors, Inc. 639093 A 1 LS $ 11111110� p� ®% 15533 E. Arrow Highway �o Irvindale, CA 91706 626.338.7889 3.46% Metco Equipment Inc. 265415 A 1 LS $ 2380 Curry St Long Beach, CA 90805 562.426.9172 4 d. 8 % CoA5i Td ce1A5T P2 - Crtu✓t c- 3 J $6y`t �. W�sTdvcR �} SOS u� t-)- J cis �. LZ5f J t3 , G�, „� c'► of �-�C 1 6/27/2006 - 10:12 AM WARNER AVE GRAVITY SEWER CONTACT LIST.xIs LIST OF SUBCONTRACTORS �j 0 E 11 r— iJ Fj NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange H. Douglas Thomas , being first duly sworn, deposes and says that he or she is Vice President of Af fhol der, Inn- the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Affholder, Inc. Name of Bidder Signature of Bidder H. Douglas Thomas Vice President 17988 Edison Avenue Chesterfield, MO 63005 Address of Bidder Subscribed and sworn to before me this 27th day of June � 2006 INOTARY PUBLIC A, U&I-'- JOANNSMITH NOTARY SEAL Notary Public - State of Misawd St. Louis County My Commission Expires September?, 200 City of Huntington Beach — Warner Ave. Sewer C - 4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA IGentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Warner Avenue Gravity Sewer, (1Xwewill 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. Affholder, Inc. Contractor 1 By H. Douglas Thomas Vice President Title 1 Date: 6/27/06 1 City of Huntington Beach — Warner Ave. Sewer 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 ❑x No If the answer is yes, explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. City of Huntington Beach — Warner Ave. Sewer 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. Affholder, Inc. Contractor By H. Douglas Thomas V.President Title Date: June 27, 2006 City of Huntington Beach — Warner Ave. Sewer C - 7 UNDERGROUND SERVICE ALERT N/A At This Time IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor I0 Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. City of Huntington Beach — Warner Ave. Sewer C - 8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Affholder, Inc. Bidder Name 17988 Edison Avenue Business Address Chesterfield, Missouri 63005 City, State Zip (636 ) 532-2622 Telephone Number #654428 Class "A" General Engineering State Contractor's License No. and Class 09/18/1992 Original Date Issued 09/30/2006 Expiration Date The work site was inspected by of our office on , 20_. The following are persons, firms, and corporations having a principal interest in this proposal: Affholder, Inc. List of Officers Attached City of Huntington Beach — Warner Ave. Sewer C - 9 AFFHOLDER, INC. Joint Action by Unanimous Written Consent of the Sole Shareholder and Board of Directors The undersigned, being the sole shareholder of Affholder, Inc., a Missouri corporation (the "Corporation"), and the undersigned Board of Directors of the Corporation, in lieu of a meeting and acting pursuant to The General and Business Corporation Law of Missouri, do hereby consent to the adoption of, and do hereby adopt, the following resolutions: NOW, THEREFORE, BE IT RESOLVED, that effective December 28, 2005, Thomas S. Rooney, Jr., Thomas E. Vossman and David F. Morris be, and hereby are, elected as directors of the Corporation to serve as directors of the Corporation until death, inability to serve for any reason, resignation or removal from office; and be it FURTHER RESOLVED, that the following persons be, and hereby are, appointed to serve as all of the officers of the Corporation, to hold the positions set forth opposite their names, to serve until death, disability, resignation or until their respective successor has been duly appointed and qualified: Bruce A. Frost Thomas E. Vossman David F. Morris David A. Martin Timothy R. Minahan Lynn Osborn H. Douglas Thomas Joann Smith Suta Tungsiripat ; and be it President Senior Vice President and Chief Operating Officer Vice President, General Counsel and Secretary Vice President and Controller Vice President Vice President Vice President Assistant Secretary Assistant Secretary FURTHER RESOLVED, that any individual who was serving as an officer of the Corporation prior to the date hereof who was not reelected by these resolutions is hereby removed from office; and be it FURTHER RESOLVED, that the officers of the Corporation be, and each of them acting individually hereby is, authorized, empowered and delegated full power and authority to enter into contractual obligations on behalf of the Corporation and to bind the Corporation to perform contracts of all kinds and types including, but not limited to, contracts in furtherance of the Corporation's pipe and pipeline rehabilitation service activities; and be it FURTHER RESOLVED, that the officers of the Corporation be, and each of them acting individually hereby is, authorized and empowered to perform such other acts and to execute such other instruments, deeds, documents and other agreements as may be necessary or appropriate to effectuate the intent of the foregoing resolutions. IN WITNESS WHEREOF, the undersigned have executed this Joint Action by Unanimous Written Consent as of the 28`" day of December 2005. INSITUFORM TEC Name: Thomas S. R< Title: President and Officer LOGIES, INC. THE BOARD OF DIRECTORS OF AFFHOLDER, Being the Sole Shareholder ci Executive Thomas S. Rooney, Jr. omas E. Vossman Ngc id F. Morris Being All of the Directors 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. n 1 7 r E 7 Affholder, Inc. Company Name Signature of Bic H. Douglas Thomas, Vice President Printed or Typed Signature Subscribed and sworn to before me this 27 day of June F) NOTARY PUBLIC , 2006 . JOANN SMITH Notary Public - State of Missouri St. Louis County My Commission Expires September 7, 2000 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency Name and Telephone No. of Project Manager: 64p,( 6-v AMdx) -76o 602 `-71 `Zo I'sy, oo a00 YZ" MTgM f1fA✓AJL7- wI Ka�fic P,Pe 2100 / " Zoo 2 Contract Amount Type of Work Date Completed Name and Address of Public Agency _5'00 � k� � -- � y �► YS 3 - SSA g'" Name and Telephone No. of Project Manager: srliE2r Contract Amount Type of Work Date Completed 3. .T y yr c) . WA,-,: LAL ,,N Name and Address of Public Agency RD. U1�'M� �9 53033 `1' Name and Telephone No. of Project Manager: fNi� ruc.- /1�10�� at CCU,� �2� V'17i-qM Tj,,4J 2 �Tu'i is 2oc) 6 Contract Amount Type of Work Date Completed City of Huntington Beach - Warner Ave. Sewer C - 10 Addenda Item #3 — Revised Bid Schedule BID SCHEDULE FOR WARNER .AVENUE GRAVITY SEWER MAIN Item Description : Qtalittity Unit Price Extended No. & W-t Price 1. "Warner Avenue Gravity Sewer" mobilization, I LS $ oa $ a, demobilization, insurance, bonds and permits. 3i3 S8S- 2. Document Pre -construction and Post -construction site I LS $T Doha $ conditions. 3, 060 , a 3. Recciving/Intermediate Shaft and manhole construction within 3 EA $ 22 1 Stead °° $-cy-S*000 04 shaft, complete with appurtcnances, as noted on drawings or specified, 4. Jacking Shafts and manhole construction within shafts, 5 EA $ 3y0, 000 -- $41AO'"o to - complete with appurtenances, as noted on drawings or s ecified. 4a. Jacking Shaft for Sunset Beach Lift Station, including 1 E.A $ aao - $ Uo manhole construction within shafts, complete with apPUrtenanCO, as noted on drawings ors ecifta 5. Microtuoneling: Directly -Jacked Microumel Pipe Installation 3,458 LF $ 1 S $ 2 1 270 - including cost of Microturtnel Jacking Pipe (Stations 9+90 to 30+95 and 36+95 to 50+20) See Specifications for approved i e manufacturers. 6. Microtunneiing: Two -pass Steel Casing / 24=inch C 905 PVC 600 LF $ 1 130 - $624 0 �y (Stations 30+95 to 36+95) (All costs for Bid Item 6 included in 2003 SSPWC, Section 306-8A. 6a. Mirowmieling: 'Two -pass Steel Casing / 10-inch C-900 PVC 241 LF $-4y YS $ 2yT a o (Stations 461-75 to 44+34 adjacent to Sunset Beach Lift Station) (All costs for Bid item 6a included in 2003 SSPWC, Section 306-8.4. 7. Contingency Plan: Buried Obstruction in Stream Crossing near Sta 36+00 Emergency Retrieval Shaft, Back Tunnel and Resumption o{ Microtunnelin . 1 LS $ 1 ao — $M 7A Emer ere Access Shag 7B. Back Tunnel - 80 linear feet 1 LS $ i U00 a a S�7_S.I.Q�G State tunneling method here 7C. Resumption of Microtunnelin I LS $ 1 ! 00 - 8. Traffic Control 1 LS $ 12 <y $,J2 r ido °a 9. "Warner Avenue Gravity Sewer" open -cut installations, and 1 LS $17Sy GoTo $_12Y06 t sewer tie-ins includiEZ all appurtenant work. 10. Abandonment of existing sewer pipelines as shown or 1 LS $ 0 n_ ad- $ 2o-OP 000 specified. 11. As -Built Plans. 1 LS $ L"a00 °-° $Ze.) I (l00 Total Bid amount in Words i^� / 5C�0t:&,-°11J 5eus�/ f1V-i2etAIXIJ&'YS=x THorsA�/� CM1(� few-�a�c= q 'Da u ✓2s GU TOTAL Bid Amount in Figure $ City of Huntington Beach Addenda # 1 - Page 3 Warner Ave. Sewer Additive Alternative Sid Items: (2 Work at Existing Lift Station "B" I LS Sj °O $ Too — 12.1 Demolition and disposal of Interior & .Exterior Piping, Ductwork, Conduit Wiring and Equipment 12.2 Filling Lift Station "B" with Lean Mix Concrete 1 LS S 0 o ° $0l/ d ° "13WoA at Existing Lift Station "C" I LS SY° $ °p 13.1 Demolition and disposal of Interior & Exterior Piping, Ductwork, Conduit, Wiring and Equipment 13.2 Filling Lift Station "C" with Lean Mix Concrete 1 LS $,gI ndj,Q— S 14 Work at Existing Lift Station "D" 1 LS 14.1 Demol ition and disposal of. Interior & Extenor Pipin& Ductwork, Conduit, Wiringand Equipment 14.2 Filling Lift Station "D" with Lean Mix Concrete I LS S ZS0.y 5 Z<Qaa `2 LS shall mean Lump Sum, LF shall mean Lineal Feet, EA shall mean Each Refer to Measurement and Payment, Section 1.7 —Bid Items for additional descriptions of bid items listed above. Total Add Alternate Amount in Words U TOTAL Add Alternate Amount in Figure S City of Huntington Beach Addenda # I — Page 4 Warner Ave. Sewer FAX COVER SHEET CTI'Y OF HUNTINGTON BEACH Public Works Department 2000 Main Street P.O. Box 1" Huntington Beach, CA 9264E FAX (714) 374-1573 TO: DATE: June 23, 2006 COMPANY: Aftolder, Inc. FAX NO: (661) 702 9421 NUMBER OF -PAGES INCL. COVER SKEET: 2 FROM: Doug Enknan, Associate Civil Engineer PROJECT NAME: WARNER AVENUE GRAVrrY SEWER PROJECT NUMBER: CG1269 CONTACT PERSON: Doug Erdman, Associate Civil Engineer, (714) 374-1735 PLEASE NOTIFY ME IMMEDIATELY AT (914) 374-1735 IF ALL PAGES ARE NOT RECEIVED PROPERLY. AD12ENDUM NUMBER THRE Items covered In this Addenda: Addenda Item #1—Addition to Section 306-8.2.8 Carrier Pipe. Addenda Item #2—Rasponse to bidder's question Addenda Item #1- 306-LLS Carrier Pipe (Add the following:]. AA polymer resin pipes shall have a inside diameter polyester lining of 40 mils tbick applied to the immufactured pipe. All pipe manufacturers shall be required to provide proof of 5 years of pipe maaufacturing experience at the proposed place of manufacture. All pipe products shall have a projected retained strength safety factor relative to D- load of 1.0 at the end of 50 years. 1269 addenda 3 TramndtW . Addenda Item #2 — Response to biddex's question Situation: During the Microtunneling excavation drive the contractor's Microtunneling machine encounters an obstruction some distance away from the planned target or recovery shaft, (i.e. 50 if for the salve of argument in this example). The contractor is then required to Back Tunnel from the target or recovery shaft to the head of the Microtunneling machine. The contractor then completes the drive with the Microtunneling machine through the back tunnel to the target or recovery shaft. Question: for the installaton of the 501f of pike installed in the Back Tunnel, does the contractor get paid under the Microtunneling, Back Tunnel, or the Resumption of Micrutunneling bid its? AMU": In the case that a back -tunnel is required for obstruction rwww44 the contractor will be paid under back tunneling and the microtunneXing spec(fied far that reach VM be reduced by the appropriate footage- 1269 addenda 3 Transmittal r Date: 06/06/2006 3:36:04 PM From: City of Huntington Beach, Doug Erdman Subject: a*2 To: Jim Peregoy - Affholder Inc Fax: (636) 530-3395 Phone: (636) 530-2875 aRject Information• Project Name: Warner Avenue Gravity Sewer Project#: CC-1269 Location: FROM: Doug Erdman, Associate Civil Engineer PROJECT NAME: WARNER AVENUE GRAVITY SEWER PROJECT NUMBER: CC-1269 CONTACT PERSON: Doug Erdman, Associate Civil Engineer, (714) 374-1735 PLEASE NOTIFY ME IMMEDIATELY AT (714) 374-1735 IF ALL PAGES ARE NOT RECEIVED PROPERLY. ADDENDUM NUMBER TWO Items covered in this Addenda.: Addenda Item #1 BIDDATE CHANGE TO JUNE 27,2006 @ 2:OOPM Addenda Item #2 Modification to Specification Section 6-7.1 TIME OF COMPLETION, General Addenda Item #3 —Modification to Specification 316-4.1 Shaft Construction General Addenda Item #1 —BID DATE CHANGE TO JUNE 27, 2006 @ 2:OOPM The bid opening for the Warner Avenue Gravity Sewer has been changed from June 13, 2006 @ 2:OOP.ND to June 27, 2006 @ 2:00 P.M. The date has been revised to ensure that no petroleum, gas or fuel line run directly through any of the proposed jacking or receiving pit locations. Minor adjustments to the planned locations may be needed if conflicts are discovered. Any information regarding planned relocations will be issued in a future addenda. Addenda Item #2 — Modification to Specification Section 6-7.1 TIME OF COMPLETION, General [Modified to match working -days -in Section C of the Specifications] [Delete the current 6-7.1 and Add the following: ]. 6-7.1 General The time within which the Work must be completed by the Contractor is fixed at 200 working days, including pipe delivery, starting from and after the date in the Notice to Proceed with the Work, exclusive of maintenance periods. Addenda Item #3 —Modification to 3164.1 Specification Shaft Construction General 316-4.1 Shaft Construction General. All shafts shall be constructed in compliance with SSPWC (2000) section 316-2.2 Design Criteria. Shaft construction methods shall always ensure the safety of the Work, Contractor's employees, Agency's employees, inspectors, the public, and adjacent property and improvements, whether public or private. [Delete the following:]. Shaft construction methods shall not use vibratory construction methods. [Add the following:]. Vibratory methods will be allowed to install interlocking sheet pilings for use in the jacking and receiving pits, provided that auger holes are predrilled along approximately 50% of the perimeter length, and to a minimum depth of 80% of ultimate drive depth prior to installation of sheet pilings. This is to prevent excessive ground vibrations, noise and complaints from residents of the area. The contractor's shoring engineer shall verify that these requirements will work with their proposed design. FAX COVER SHEET CITY OF HUNTINGTON BEACH Public Works Department 2000 Main Street P.O. Box 190 Huntington Beach, CA, 92648 FAX (714) 374-1573 TO: Pre -Bid Attendee COMPANY: Afiholder, Inc. FAX NO: 636-530-3395 SHEET: 12 DATE: May 25, 2005 NUMBER OF PAGES INCLUDING COVER FROM: Doug Erdman, Associate Civil Engineer PROJECT NAME: WARNER AVENUE GRAVITY SEWER PROJECT NUMBER: CC-1269 CONTACT PERSON: Doug Erdman, Associate Civil Engineer, (71.4) 3744735 PLEASE NOTIFY ME IMMEDIATELY AT (714) 374-1735 IF ALL PAGES ARE NOT RECEIVED PROPERLY. ADDENDUM NUMBER ONE Specification Items covered in this Addenda: Addenda Item #1 — Plan Sheet 13,14,15 & 16 — General Notes Traffic Control Note #5 Specification Items covered in this Addenda: Addenda Item #2 — Revised Section B, Item 17 Addenda Item #3 — Revised Bid Schedule Addenda Item #4 — Revised Section 9, 1.7 Bid Items 5 & Sa Addenda Item #5 -- Revised Section 9, 1.7 Bid Items 6a Addenda Item. 06 — Appendix F — Bond Forms Addenda Item #7 — Appendix E — Insurance Form Addenda Item #1— Plan Sheet 13,14,15 & 16 — General Notes Traffic Control Note #5 [Add the following to Note 51: ACTIVE JACKING AND RECEIVING PITS PROTECTED BY K-RAIL AND SECURED FENCING ARE EXEMPTED FROM NIGHTLY PLATING BY THE CONTRACTOR Addenda Item #2 — Rcvised Section B, Item 17 Re lace Item 17 with the folloy n 17. Submission Of Bonds And Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. See Appendix F for the City approved Payment and Performance Bond Forms. The Contractor may use any standard form for the Bid Bond. The successful bidder shall provide a certificate stating that the bonding company is admitted to do business in the State of California. This certification may be obtained from the Executive Officer and Clerk of the Superior Court at the following address & phone: Orange County Superior Court Probate Court Operations 341 The City Drive P.O. Box 14171 Orange, CA 92613-1571 (714) 935-6061, Contact Linda C. Wallace Prior to the issuance of the Notice to Proceed, the .AGENCY must be furnished with a .Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. City of Huntington Beach Addenda # 1 — Page 2 Warner Ave. Sewer Addenda Item #3 — Revised Bid Schedule BID SCHEDULE FOR WARNER .AVENUE GRAVITY SEWER MAIN Item Description : ( Uitlitity Unit Price Extended No. & Ubit Price 1. "Warner Avenue Gravity Sewer' mobilization, 1 LS S $ demobilization, insurance, bonds and ermits. 2. Document Pre -construction and Post -construction site 1 LS S $ conditions. 3. Receiving/Intermediate Shaft and manhole construction within 3 EA $ $ shah, complete with appurtenances, as noted on drawings or specified. 4. Jacking Shags and manhole construction within shafts, 5 EA $ $ complete with appurtenances, as noted on drawings or s ecified. 4a. Jacking Shaft for Sunset Beach Lift Station, including 1 EA $ S manhole construction within shafts, complete with appurlenanccs, as noted on drawings or specifia 5. Microtuuneling: Directly -Jacked Microtunnel Pipe installation 3,458 LF $ $ including cost of MierotunneI Jacking Pipe (Stations 9+90 to 301-95 and 36+95 to 50+20) See Specifications for approved Dive manufacturers. 6. Microtunneling: Two —pass Steel Casing / 24-inch C-905 PVC 600 LF $ S (Stations 30+95 to 36+95) (All costs for Bid Item 6 included in 2003 SSPWC, Section 306-9.4. 6a. Mirownneling: Two -pass Steel Casing / 10-inch C-900 PVC 241 LF $ $ (Stations 46+75 to 44+34 adjacent to Sunset Beach Lift Station) (All costs for Bid item 6a included in 2003 SSPWC, Section 306-8.4. 7. Contingency Plan: Buried Obstruction in Stream Crossing near Sta 36+00 Emergency Retrieval Shaft, Back Tunnel and Resumption of Microttmnelin , 1 LS $ $ 7A. Emergency Access Shaft 7B. Back Tunnel — 80 linear feet 1 LS $ S State tunneling method here 7C. Resumption of Microttmnelim I LS $ $ 8. Traffic Control. 1 LS $ $ 9. "Warner Avenue Gravity Sewer" open -cut installations, and 1 LS $ $ sewer tie-ins includiR& all appurtenant work. 10. Abandonment of cxisting sewer pipelines as shown or 1 LS $ $ specified. 11. As -Built Plans. 1 LS $ $ Total Bid amount in W TOTA ,L Bid Amount in Figure $ City of Huntington Beach Addenda # I — Page 3 Wamer Ave. Sewer Additive Alternative Bid Items: (z Work at Existing Lift Station "B" 1 LS $ 12.1 Demolition and disposal of Interior & Exterior Piping, Ductwork, Conduit Wirinj and E ui meat 12.2 Filling Lift Station "B" with Lean Mix Concrete 1 LS $ $ 13 Work at Existing Lift Station "C" 1 LS S ii $ 13.I Demolition and disposal of Interior & Exterior Piping, Ductwork, Conduit, Wiring and Feipment 13.2 Filling Lift Station "C" with Lean Mix Concrete l LS S $ WW 14 Work at Existing Lift Station "D" - - I LS $ $ 14.1 Demolition and disposal of Interior & Exterior Piping, Duetwork, Conduit, WiriM and Equipment 14.2 Filling Lift Station "D" with Lean Mix Concrete 1 LS $ $ LS shall mean Lump Sum, LF shall mean Lineal Feet, EA shall mean Each Refer to Measurement and Payment, Section L7 — $id Items for additional descriptions of bid items listed above. Total Add Alternate Amount in Words TOTAL Add Alternate Amount in Figure City of Huntington Beach Addenda # I — Page 4 Warner Ave. Sewer Addenda Item #4 — — Revised Section 9, 1.7 Bid Items 5, 5a,5b & 5c IN—o—te Items 5a, Sb and Sc have beers deleted and the cortespondinu information has been incorporated into Item 51 Replace Item 5 with the followin : Bid Item 5: Directly Jacked Pipeline Installed by Microtunneling "Pipeline Installed by Microtunneling" shall include, but not be limited to, the following work installed in .full compliance with the contract documents: A. Microtunneling installation of the carrier pipe in conformance with the line and grade requirements shown by the contract documents. Unit Price includes cost of Microtunnel Jacking Pipe. See below for B. Launching and retrieving the microtunneling machine at each Shaft, as required for the intended construction. C. Installation and monitoring of Surface Monitoring Points, Inclinometers, and other devices per Specification. D. Active Zone Monitoring per Specification Section 315 E. Exfiltration testing the sewer. F. CCTV video inspection of the sewer. G. Mandrel testing the sewer. Payment for Bid, Item 5 shall be made at 90% unit cost bid item, in accordance with the linear feet of pipeline installed complete, to the design line and grade per the contract documents. Monthly payments will be made proportionate to the length of pipeline installed that month. The remaining l 0% will be paid upon completion of survey and completion of all testing and inspection. Measurement of the sewer length shall be from the inside face of the Upstream. Structure to the inside face of the Downstream Structure to which the sewer is connected. Monthly payments will be made proportionate to the length of sewer installed that month. Approved Microtunnel Jacking Pipe Types Section 1: (Stations 9+90 to 30+95 and Stations 36+95 to 50+20) (3430 total linear feet): "Extra Strength" Vitrified Clay Jacking Pipe (ASTM C 1208) by Can -Clay or Mission. Clay. Hobas Jacking .Pipe (ASTM D 3262) Polymer Concrete Jacking Pipe (ASTM D 6783) by Meyer City of Huntington Beach Addenda # 1 — Page 5 Warner Ave. Sewcr Addenda Item #5 --Revised Section 9,1.7 Bid Item 6a (Replace Item 6a with the following]: Bid Item 62: Two -pass Tunneling: Sunset Beach Lift Station: Station 46+75 to 44+34 per DGA Consultants Plan Sheet, The contractor shall be required to jack steel. casing as required to match the outside diameter of. the Mirotunnel Boring Machine (MTBM). The Contractor is permitted to use a smaller casing diameterfor this reach however, the minimum size allowed shall not be less than 16-inches LD. Should the contractor elect to use a smaller casing for this reach, all costs for the reduction in casing sue shall be included in the Bid Price for the Bid Item 6a. The void shalt be grouted The steel casing will require full -circumferential, full -depth butt -welds at all casing joints prior to jacking each casing forward. The steel casing shall have a minimum factor of safety of 2.0 relative to jacking capacity. Calculations demonstrating that the casing meets all this criteria shall be submitted and approved prior to the contractor ordering steel casing. Payment for steel casing included in 2000 SSPWC, Section 306-8.4. Upon steel casing installation complete to the design line and grade per the contract documents, l 0-inch C-900 PVC pipe shall be installed inside the steel casing with casing centralizers and backfilled completely with cellular grout. Contractor shall prevent pipeline from floatation during grouting operation. Contractor shall fill pipeline with water and circulate during outing to prevent damage to PVC pipe. City of Huntington Beach .Addenda # 1. — Page 6 Warner Ave. Sewer Addenda Item #6 --Appendix F —Bond Forms APPENDIX F BOND FORMS City of Huntington Beach Addenda !> 1 — Page 7 Warner Ave, Sewer Bond No. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS; WHEREAS, City of Huntington Beach (hereinafterreferred to as "City') has, by written agreement dated 20___, entered Into a contract with (nrwws reed addnaa of Centrs&W) (heminafiar referred to a9 "Principal"), for performance of the work described as follows; (Protect Tlw) WHEREAS, said contract, and an documents referenced therein (hereinafter eolle0tively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in 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 (evens 4nd nddresra of surety) (a duly, admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety'), a9 Surely, are held and firmly bound unto City In true penal sum of DOtlar9 Ci 1, this amount being rOt 1e9e than one hundred percent of the price set forth in the Contract, in lawful money of the Untied States, for the payment of which sum. well and truly to be made, we bind dursetm, our helm, executors, administrators and suoceesoro. Jointly end severally, firmly by these presents, THE CONDITION OF TFfS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and an of the covenants, obligations and things to be done and performed by the Principal In add accordance with the terms of the Contract as sold contrast may be altered, amended or modified from time to tkne; 8nd If the Principal shall Indemnify and save harmless City and all of Cily's officers, agents and employees (hereinafter eofleotively referred to as "Obligees") from any and ell babes, liability and damages, claims, judgments, atop nobce9, fees and costs of every desaiptlon, whether Imposed by law or in equity, which may be Incurred by the ObOQees by reason of the falum or default on the part of the Principal In the performance of any or all of the tamps or the obligations Of the Contract, including an afterations, amendments and modifications thereto, and any warranties or guarantees requimd thereunder; then this obligation Shan be void; otherwise, it shall be and shall remain in full force and effect. Surely stipulates and agreee, forvalue received, that no adjustment of the time orprice in the Contract or any alteration, change, deletion, 80411tion or other modl8cetlon to the Contract, or the work to be performed thereunder, shah In any way affect, Omit, morict, Impair or release the obligati0ns of the Surely tinder this Bond. Surety walves notice of any adjustment of contract time or contract price, and 7"101.1 PERFORMANCE BOND Page I of 2 City of Huntington Beach. Addenda # 1 — Page 8 Warner Ave. Sewer Bond No. any other altom ion, change, deletion, eddltlon 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 adjustrnents, alterations, changes, deletions, additions or othermodtticatlonc. Surety agrees to provide written confinnatlon of such adiustments in the penal sum to City on not less than a quarterly basis. Surety also wares the provisions of Civil Code §§ 2M and 2849. The obligations of this Bond shall survive the completion of the work described In the Contract as to as obligations and Ilobilities 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, an the data 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 duty authorized pursuant to the authority of Its goveming body. Surety, by execution of this bond, waives arty defense which Surety has or may We by reason of any failure of the Principal to execute or properly execute this bond. Dated: ATTEST (Corporate Seal) ATTEST (Corporate Seat) (Attach Attorney -In -Fact Certificate) By: Name: Tide: (Principal Name) (Surety Name) By: Nome: (Signature of Attomey-in-Fad for Surety) (_ ) (Area Code & Telephone Number of Surety) APPROVED AS TO FORIA CITY OEk(VNTTNGTON BEACH By ennifer McGlrath ity Attorney NOW nits Dond mug be a WAOd In Afk4te Intl COW, sN arpnaturea must 60 nofAds ,, and @vkW G! ortAe A(dhow of Any p0r9on &Vft w aftomdyvn.rad moat be of oched. 7rMi.i Page 2 of 2 City of Huntington Beacb Addenda # 1 — Page 9 Warner Ave. Sewer PERFORMANCE BOND Bond No. PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS, the City of Huntington Beach (hereinafter referred to as'Cftyl has awarded to (ramp WW sdd"We or commotor) (hereinafter referred to as 'Principal"), a contract ("Contracr) for the work described as follows: tProJ�ct dtrvl WHEREAS, Principal Is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, matariolmen, and other persons as provided by law, NOW THEREFORE, we, the undersigned Phlnclpal, surd panty and wwrwe or Bung) (a duty admitted surety insurer under the laws of the State of California and hereinafter referred to as 'Surety7, as Surety, are held and firmly bound unto City In the penal sum of dollars, ($ ), this amount being not less than one hundred percerit (100%) of the total iirce Bet 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 heir;, executors, administrators, suocessors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, If the Principal, his, her, or Its helm, executors, administrators, successors or iaigns, or subcontractors shall fail to pay any of the persons named In Section 31a1 of the California Civil Code ("Claimants") for all labor, materials or services need or reasonably required for we 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 Claimsnt,-or pmvaptng wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or arty arrwunts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Pdrx*al 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 vold. This bond shaft inure to the benefit of any of the parsons named In Section 31111 of the California Civil Code so as to give a right of aeon to such persona or their assigns. In ease any action is brought upon this bond, Surety further agrees to pay an court costs and a reasonable attorney's lea in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modlficetlon 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 reuse the obligations of Surety under this bond. Surety hereby waives notice of any such Change, �601 PAYMENT BOND Page 1 of 2 City of Huntington Beaeh Addenda # 1 —Page to Warner Ave. Sewer Bond No. entenslon of time, aftmtlon, addition, or modification to the terms of the Contract, the contract doaxnents or the work thereunder. Surety also waives the provisions of•California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each parry represents and warrants that this Instrument has been duly executed by Principal and Surety, on the We set forth below, that the name of each corporate party easing affixed hereto Is such party's proper legal name and that the individuals signing this instrument have been duty authorized pursuant to the authorKy of Its governing body. Surety, by executlon of this bond, waives any derange which Surety has or may have by reason of any faAure of the Principal to execute or properly execute this bond. Dated: ATTEST (Corporate SeaQ ATTEST (Corporate Seal) (Attach Attorney -In -Fact CertHirate) (Principal Name) By: Name: Its: — (Surety Name) By: Name: (Signature of Attorney -In -Fact fbr Surety) U (Area Code & Telephone Number of Surety) APPROVED AS TO FORM; CITY OF HUNTINGTON BEACH By ennhr McGrath City Attorney SII S�OC Note; This bona must be Wom0ed M dw#wte end dated. dl stpnetures must be rwwred, and @Wdence of the suit* of any person eWft w eMomey4hn meal bs eveftd. tna4,1 Page 2 of 2 City of Huntington Beach Addenda!# 1 —Page 11 Warner Ave. Sewer PAYMENT BOND Addenda Item #7 — Appendix F — Insurance Form CONTRACTOR'S SWORN STATEMUIT AND WARRANTY REGARDING CONiWANG INSURANCE OBLIGATIONS FROM: PROOI M (CmaNct"Atame) - (Sb,W Aftr*@ ) (aty, staoa ant VO) TO; CITY OF MAITLNG'T'QM BEA04 DECLARATION Atte w Irneto fs a true and oxrars eapr of itte arrMt Ontf&alEe of InrylnUM and AddRlorrel ir*jed EndwWreart Cr. 2010 Ills whfdr Cettl aft oomofln with ft ktsjw= Mulrems" of the COMrM by and odwoan the clW of flurttkigM 96ach (-001 end fie ebo+r -Ma ()171 cpm r*orRF dWl far ftre 30ove4ebvlbed PMjed CTrgjftl- . I declare undo P"lkyof Per)wy WAU"I3rrs of the Shft of OffV da then f M adore stab MCM It flue and cN art. Signed on _ - 20 at (0m) (My, Stow) (Slpnedms or InCMdual Wro b ftakkrp oedarAwo WARRANTY C**A for f mft wa&" and agrees to wokOht Pmduds and Comoebad Qperftm br uracm to mmkme oft and hsurarroe netRleanerrts or tfk f:pntraet fbr a�e'to�ect SOid fnsuranars Shell bt metelsined tlrough and uatJi the tap�trdtfvra of aQ tNarranfles vrayi0ad by t]orrtracyor. Sald Irtatarao! lheN aotRaki �ddttlonral Iaeraad frdGlferRent t7G I910 t133. M1'l�ln9 CRY ae an addfboaet iceured. Coazeftr ah4 Sip* to Ctv, an at least an mv%W Wft a Qw9f0te of lntaanoe erd -Me afbrertreMfoned "ofwmeM evVer%Ww caned a wwme wNkh meets 9re QX*W regri M& te. Signed on 20� at (Date) (am state) N rime: tttkr This form to be turned in with Payment Bond City of Huntington Beach Addenda # 1 — Page ] 2 Warner Ave. Sewer THE AMERICAN INSTITUTE OF ARCHITECTS KNOW ALL MEN BY THESE PRESENTS, that we Affholder, Inc. as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach, CA as Obligee, hereinafter called the Obligee, in the sum of Ten percent of amount bid Dollars ($10% of amount U4, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Warner Avenue Gravity Sewer, Project No. CC-1269 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished In the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 27 day of June ,2006 . Affholder, Inc.. / (Pdi . ao (Seal) (Witness) ! ` &anknS�m�SiLtlh�,�A&ssi�stant Secretary {H.Douglas ThomasfTue) V.Fresident Barbara Niemeier(Witness) Travelers Casualty and Suretv ComDanv of America (Surety) (Seal) Kathleen A. Petchulat, XPorVey-in-fact AIA DOCUMENT A310 - BID BOND • AIA 0 • FEBRUARY 1970 ED . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NC ,a, - State of Missouri County Of St. Louis On June 27, 2006 before me, Deborah M. Jennino DATE NAME. TITLE O; OFFICER- E G . 'JANE DOE. NOTARY PUBLIC personally appeared Kathleen A. Petchulat, Attorney in fact of Travelers Casualty & Surety , NAME($: 01 SIGNEkl'S) Company of America personally known to me - OR - ! � proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instroe"I..tff a%%(q7,y,il�+'� as V ii•iiE tiff ��✓I !E S my hand and icial e l�•'�tiQr� �>�=p1ARY`4 ��i79y�� � '`•a NO7AP.v U_��1 OS OPTIONAL l��pt1ii11t1 Though the data below: ;s not required by law, it rrmay prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER LJ INDIVIDUAL ❑ CORPORATE OFFICER TITLEIS) ❑ PARTNER(S) ❑ LIMITED r� ❑ GENERAL Lt ATTORNEY -IN -FACT 17 TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME O;: PERSON(S) OR WnTY11ESi Travelers Casualty & Surety Company of America 1 DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES June 27, 2006 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmel Ave.. P.O. Box 7184 • Canoga Park. CA 91309.7184 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER �i STPAUL POWER OF ATTORNEY ri TRAVELERS Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 216084 Certificate No. 000442064 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duty organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Stephen E. Ricci, Kathleen A. Petchulat, Thomas C. Ricci, Jr., and Barbara M. Niemeier of the City of St. Louis State of Missouri their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of. guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pemutted in any Iactions or proceedings allowed by law. IN WITNESS WHEREOF, the Compan have caused this instrumetrt to be signed and IItpir �rporate seals to be hereto affixed, this 3rd day of May L2 Farmington Casualty Company ; " St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insm"ance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company er,su,�< St#+Ery e�"�'ne 6' \me'µ i � p,�h p •r aan Y Cf�•'S s c�� i£; .�' HAffrFOflD, < 1iFRTWND, 41 SB< y9S N �'-SB AL ionJ AL;3t �y CONK' o State of Connecticut City of Hartford ss. By: G rge W ompson, Sen r Vic President On this the 3rd day of May 2006 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G.T0, In Witness Whereof, I hereunto set my hand and official seal. *A My Commission expires the 30th day of June, 2006. �&A;A C 1 Marie C. Tetreault, Notary Public 58440-9-05 Printed in U.S.A. N° 6516 1TATZ OF CALWOMIA DVARTMENT OF INSUW $0 nt if+ICa o AaeA ed CartMeste of Authority TM it IV Csptwf, TjW. purmuaN to tho IW4000 Cado of fAt $Wf of cwge+ttla. Ts;velera eaausity and 9u;sty Company 04 America of Hartford. Connecticut . petpalt of w4v the low of Csnnact#.cut , 44frat to W Art chat l*wp=VA, q of otltee fandilatuttati 4ff$M (fVAi daoaatMil. a 4raby eotke: fd b tMWW tofmw tltfe Ao. aYilea fa old Dnafalsltt of ihit Csettj[cata, :he faflotpiat ebt�sa at ieutsattas tire, Mae ins, iyrety, Disability. Plate Glass, Liability, Workers' campeaeatiga, cemmom Carrier Liability, sailer sad Haehiaery, Burglary, Czidit. Sprinkler, Teats sad Vehicle, Itutmeobile. Airct:tit, and Miscellaneous 0 tech Hates* an sow w m0y he+sarto he 4fined in the Iawtanca Chat of the Btete 01 001MOM10. Tees ClBnr=%v is os►eerrly eondltland upon the hvI&W heasaf am and hataffor Latgt in fug C4mpl(mvC v,(th aid gild sat is uWman of Bay, of rho 4pD116014 Uwe and lam f d c4gyg4a4+ 4 egwds uR4af 4049My of the 4M of tho Stott of C4 90fflia as fPn* at Ouch idWI Of tsta*t#§vgI} 47i In 8104 asW Orpllfiltta. Ned ail such ivwt and-rsqudsmener amp OV, at MY hsrafip be 944#gO a 401mtdtt IN WMMS Wme =r, +ht«-..UZ--..._... 4v of July - IO-2Z. t 1tt((e+iorettato 401 Bey 11444 asd towed my *few 4W to bt a"f11N.-.41L._ day IV „ 4 •, of 314t4 mart b, 4tc4," 1144i 4% ►4adrl� "s Uto of AU01"Sy. F4tlyro to d4 44 VAR It { v(4419 1 tIt C"a%t4 41 A46fify paaa4st to'4 4try W14 ,ctd bmia. _ Cade Io4. ts. t4i 14 >Atii{a4We 8"a V" a w.• a CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 2, 2006 ES W. Fowler Company 12775 Westview Dr. Dallas, OR 97338-9632 Re: CC-1269 -Warner Avenue Gravity Sewer Project CALIFORNIA 92648 Enclosed please find your original bid bond issued by American Institute of Architects. a J ' n L. Flynn City Clerk JF:pe Enclosure g:/followup/cashcont/retu rnbidbond. doc procedure #13 I Telephone: 714-536-5227 ) ES W FOWLER COMPANY P. o. Box 489 12775 WESTVIEW DR. DAUAS, OR 97338 - 9Ih3 City of Huntington Beach City Clerk, Second Floor 2000 Main St Huntington Beach, CA 92648 Bid: Warner Avenue Gravity Sewer Project No. CC-1269 6/27/06 2:00 pm rq r 1 p ryX- W0 SECTION C PROPOSAL for the WARNER AVENUE GRAVITY SEWER at From Los Patos Avenue to Pacific Coast Highway PROJECT No. CC-1269 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 200 working days, starting from the date of the Notice to Proceed, and complete all necessary submittals within 40 working days from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. City of Huntington Beach — Warner Ave. Sewer C - 1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find F5Ct 8cyV - in the amount of $ L11 i p° which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: "A ° mm ma No. / , t gd of, City of Huntington Beach - Warner Ave. Sewer C - 2 LIST OF SUBCONTRACTORS .Ph-' 'Jf 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 of Wark Name and Address of Subcontractor State License Number Class v i n+ POLVI'( Allied q N- 1 u'n Aa-b i e m 1. /; A 9aOJ 790D4 C 1;� Nrr�l Toafney 5' e5 olY60 £ . 1�10*41 _ K Lo etch G4 90V (o9'vo C31-4 51'ia -55 14 �1U. u�t Csn�ruc +�&n qW S- ri HeroL.oS ley CA qd%I L/N 070 HAZAD rnsut%IQ,e5 o2g3q u hi j 1a . �►'✓er de C4 9�5D9 �f7tB 1)0 �'ou� i,1 CeJ1-(wee � ca c ,_53io £ MOO- 4n �� �c� C4 9)7&1 �ltl$�7�5 A �-�7 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. City of Huntington Beach — Warner Ave. Sewer C - 3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange jo—kr1 �t,J� , being first duly sworn, deposes and says that he or she is of J�ivr-5 W. Foal lc� 6)the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ---Tam Icr N /A-175 (jcjLy,e,,j 1 , U� 97338 Address of Bidder Subscribed and sworn to before me this c� 7 4"�l day of but , 200& . NOTARY PUBLIC 0 OFFK AL SI TAVMEY CAW NOTARY PUBLIC - City of Huntington Beach — Warner Ave. Sewer C - 4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Warner Avenue Gravity Sewer, (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. Title Date: a -017-6% 127 City of Huntington Beach — Warner Ave. Sewer 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 KJINo 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. City of Huntington Beach — Warner Ave. Sewer 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. _ ! n Im /"r,I-7 Title Date: City of Huntington Beach — Warner Ave. Sewer C - 7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor I� Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. City of Huntington Beach — Warner Ave. Sewer C - 8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: W.Otc1%r Bidder Name /�A775 C,)e��5(0e'! LJ Qr. Business Address City, (503 ) & �-5373 Telephone Number 17739 I State Contractor's License No. and Class Original Date Issued q-� --68 Expiration Date a2 g733s State Zip The work site was inspected by`�-J10-/? 06gldlf our office on �P _ / , 200(e The following are persons, firms, and corporations having a principal interest in this proposal: -,JaMCS C.J iq j/, . AC54&)t \7hv) 6. fo-w - V a ,1 Fa,/6� %reek-t>t. er City of Huntington Beach — Warner Ave. Sewer 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. Printed or Typed Signature Subscribed and sworn to before me this,--R7 day of , 20C OFF� -- SEAL TAWNNEEY C�ALZACOFfrA NOTARY PUBLIC - OReQON COMMISSION NO. 89 W � 1 W COMMMON EXPM DECBM 17,200 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 Address o(Jublic Agency Name and Telephone No. of Project Manager: 14a45 C hpv6 3 Q, 096 l n e-w t,x wer rrl:CroYtalyie Contract Amount Type of Work Date Completed 2. ;mil;' lUnta'4 Name and Address of Public Agency Name and Telephone No. of Project Manager: Lcc 4 `bY4, ocz_ Contract Amount 0 P. R , T'c - Ge 4e)a.t ✓✓w4radi-� horr 5 �c IKe GIk - b4 - -;t9 gut,, UDr l 1 0 Type of ork - Sex- Ceyl°"Ut-r' Date Completed 3. -fOW/15�1 4 of C- td5Si I -IC , ME Name and Address of Public Agency l • 10 e4*0 159.01 Name and Telephone No. of Project Manager: y rr► o Ic , �i+ta D`Aga�l-�n �qq, 99$. a" ���crof inel lltytmber AIN Contract Amount Type of Work - �jubCtNi-`O-r Date Completed City of Huntington Beach - Warner Ave. Sewer C - 10 Addenda Item #3 — Revised Bid Schedule BID SCHEDULE FOR WARNER AVENUE GRAVITY SEWER MAIN Item Description Quantity Unit Price Extended No. & Unit Price 1. "Warner Avenue Gravity Sewer" mobilization, 1 LS _C $ /0 _ demobilization, insurance, bonds, and permits. 2. Document Pre -construction and Post -construction site 1 LS $i 7oO" $ 1 CIO conditions. 3. Receiving/Intermediate Shaft and manhole construction within 3 EA $ a L9,, OC)0 fl° $ 714MQM4. shaft, complete with appurtenances, as noted on drawings or specified. Jacking Shafts and manhole construction within shafts, 5 EA �Q� /��/�/q� $ V\IN.tJV�/ d° $ / complete with appurtenances, as noted on drawings or specified. 4a. Jacking Shaft for Sunset Beach Lift Station, including 1 EA manhole construction within shafts, complete with appurtenances, as noted on drawings orspecified. 5. Microtunneling: Directly -Jacked Microtunnel Pipe Installation 3,458 LF $ �/ $ 07, V10. including cost of Microtunnel Jacking Pipe (Stations 9+90 to 30+95 and 36+95 to 50+20) See Specifications for approved pipe manufacturers. 6. Microtunneling: Two —pass Steel Casing / 24-inch C-905 PVC 600 LF $ (Stations 30+95 to 36+95) (All costs for Bid Item 6 included in 2003 SSPWC, Section 306-8.4. 6a. Mirotunneling: Two -pass Steel Casing / 10-inch C-900 PVC 241 LF $ ° $�_ ` (Stations 46+75 to 44+34 adjacent to Sunset Beach Lift Station) (All costs for Bid Item 6a included in 2003 SSPWC, Section 306-8.4. 7. Contingency Plan: Buried Obstruction in Stream Crossing near Sta. 36+00 Emergency Retrieval Shaft, Back Tunnel and Resumption of Microtunneling. 1 LS $100 $100 GYM. °° 7A. Emergency Access Shaft 7B. Back Tunnel — 80 linear feet State tunneling method here t} Cjk A;1_ ed_ 1 LS $ 70: G?.00 O° 7C. Resumption of Microtunneling 1 LS 00 $ $ `o 8. Traffic Control. 1 LS 9. "Warner Avenue Gravity Sewer" open -cut installations, and I LS $ t00 - $ 10�� sewer tie-ins including all appurtenant work. 10. Abandonment of existing sewer pipelines as shown or 1 LS $'1Q` LYX1,°`' $ CO specified. 11. As -Built Plans. 1 LS $ $. Total Bid amount in W TOTAL Bid Amount in Figure $ 01N. I iO.o° City of Huntington Beach Addenda # 1 — Page 3 Warner Ave. Sewer e n 6/1D6 Additive Alternative Bid Items: 12 Work at Existing Lift Station "B" 12.1 Demolition and disposal of Interior & Exterior Piping, Ductwork, 1 LS Conduit, Wiring and Equipment 12.2 Filling Lift Station "B" with Lean Mix Concrete 1 LS $ Y $ 13 Work at Existing Lift Station "C" 13.1 Demolition and disposal of Interior & Exterior Piping, Ductwork, 1 LS $ ' $ Conduit, Wiring and Equipment 13.2 Filling Lift Station "C" with Lco ean Mix Concrete 1 LS $ $ 14 Work at Existing Lift Station "D" 14.1 Demolition and disposal of Interior & Exterior Piping, Ductwork, 1 LS $ $.` Conduit, Wiring and Equipment 14.2 Filling Lift Station "D" with Lean Mix Concrete 1 LS $ I G $ LS shall mean Lump Sum, LF shall mean Lineal Feet, EA shall mean Each Refer to Measurement and Payment, Section 1.7 — Bid Items for additional descriptions of bid items listed above. �%,� �df� Total Add Alternate Amount in Words 1121,000. or* ��%��'' �!�J`��C fX� TOTAL Add Alternate Amount in Figure $ ILA, (�Cn�y.(./y�� City of Huntington Beach Addenda # 1 — Page 4 Warner Ave. Sewer OM BON Conforms with The AAmwican Inatitute of Architacft, AJA- Document: No. A-310 KNOW ALL BY TIMSE PRESET, That we. James W. Fowler Co. 12775 Westview Drive, Dallas, Oregon 97338 as Principal, hereinafter nailed ft Principal; Mid the Liberty Mutual Insurance Company of Bellevue, Washington , a corporation dttly organized under the taws of the State of Massachusetts , as Suety, hereinafter gilled the Surety, are held and firmly bound onto City of _i rntington Beach as t7bligee� liminafta called the in the vim of Ten Percent (10%) of the Total Amount of Bid ------ Dollars 10 % >, for the payment of which sum well and tmly to be made; the said Principal and the said 'Surety, bid mrselves, our haMexecutoM administratomsummon and awig4jointly and severally, firmly by these prescam VA-IRREAS, the Principal has submitted a hit! for Warner Avenue Gravity Sewer, Project No. CC-1269 NOW. THEWORE. if the Obligee shall accept the bid of the Principal and :the Principal shall enter into a Con#xact With the Obligee in accordance with the term 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 perittrumoe of such Contract and for the prompt payment of labor and material fhrrnisud in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and. give area bond or bones, if the Principal sltia l pay to the Obligee the difference not to each ape rslty hereof bet n the atgount specified in said bid and such larger amount for which the Oalipe may in good faith contract with anottict pam to perform the Work covered by said bid then this obligation shall be null and void, otherwise to mmiain in full force and effect. Signed and scaled this 13th day of June 2006 *a. o. (Seal) Principal Witness Fill kIF `.!ohn F�Wlfw- Title Witness Liberty Mutual Insurance Company ley Karen P. Dever Attorney -in -Fact California License #0155652 ACKNOWLEDGMENT State of Washington) County of King) On this 13th day of Tune, 2006, before me, Till A. Boyle notary public in and for the State of Washington, with principal office in the County of King, residing therein, duly commissioned and sworn, personally appeared Karen P. Dever, known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of Liber Mutual Insurance Company as surety in said instrument, and acknowledged to me that he/she subscribed the name of said corporation thereto as surety, and his/her own name as attorney -in -fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. `q�utins+h��i A«.B0Y� a••"�"F e l NOTARY PUBLIC =`' NOTAgy' CC V�T.I9X�� on Expires: OrdQO Zoo�•,�o� '���f�ii�F WASN.6��� THIS POWER OF ATTORNEY 1S NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1862094 N O CL d ay �C y R +% Q ca a� L tm ny O m> fN _O i ai o W c� is 4) a� W C �- O C E; O M D V > i This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint PETER H. HAMMETT, BARBARA R. JOHNSON, SUSAN B. LARSON, CARL NEWMAN, CHARLES A. SZOPA, DEANNA M. MEYER, KAREN P. DEVER, STUART A. O'FARRELL, APRIL L. CHAMPAGNE, MARIE 1. MATETICH, SCOT FISHER, STEPHEN J. WACHTER, JILL A. BOYLE, DAVID L. €CKROTH, KAREN A. HUNT, ALL OF THE CITY OF BELLEVUE, STATE OF WASHINGTON .............. each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding ONE HUNDRED MILLION AND 00/100 DOLLARS ($ 100,000,000.00 ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE Xlli - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their w signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be d as binding as if signed by the president and attested by the secretary. E U) By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact: M Pursuant to Article XI11, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and = deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. ca C 1(31— That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 20th day of December 2005 LIBERTY MUTUAL INSURANCE COMPANY By �.✓� �� Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 20th day of December 2005 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH P unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.�t='° "44 4 �.��, a`"i"s`�MMU'ge&�fli.i H OF FcidNw�s'YI,.Viet?IAOF TwPw,� F B y Ter sa Pastella, Notary Public fit:. rF*t naier, Psi nw`r&nie .$53eb 3it+3P, 02 Ni�;ar: CERTIFICATE �d 1, the undersigned, Assistant"secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and l do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in Lonnection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. 1N TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate real of the said company, this 13 day of By David M. Carey, Ass' nt Secretary Q M O� N C 3cc of a� �C O r- d 3 CCm >M 4)o v �CM i cP Op U •— IZ r